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

GENERAL ACTS 



PASSED BY THE 



General ^onvi of ^assathusctts, 



IN THE YEAR 



1919, 



TOGETHER WITH 

THE CONSTITUTION, LIST OF THE OFFICERS OF THE 

CIVIL GOVERNMENT, TABLES SHOWING CHANGES 

IN THE GENERAL STATUTES, ETC., ETC. 



PUBLISHED BY THE 

SECRETARY OF THE COMMONWEALTH. 




BOSTON : 

WEIGHT & POTTER PRINTING CO., STATE PRINTERS, 

32 DERNE STREET. 

1919. 



A CONSTITUTION 



FORM OF GOVERNMENT 



®l|p Olommtmujpaltti at ilasaarliuartta 



PREAMBLE. 

The end of the institution, maintenance, and administra- objects of 
tion of government, is to secure the existence of the body government. 
politic, to protect it, and to furnish the individuals 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 itTnl^ure!^' 
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 opportunit}-, deliberately and peace- 
ably, without fraud, violence, or surprise, of entering into 



CONSTITUTION OF THE 

an original, explicit, and solemn compact with each other; 
and of forming a new constitution of civil government, 
for ourselves and posterity; and devoutly imploring His 
direction in so interesting a design, do agree upon, ordain, 
and establish, the following Declaration of Rights, and 
Frame of Government, as the Constitution of the Com- 
monwealth OF Massachusetts. 



Equality and 
natural rights 
of all men. 



Right and duty 
of public reli- 
gious worship. 
Protection 
therein. 
2 Cush. 104. 
12 Allen, 129. 
See amend- 
ments, Arts. 
XLVI and 
XLVIII. 



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



Legislature 
empowered to 
compel provi- 
sion for public 
worship. 



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 happiness. 

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

III. [As the happiness of a people, and the good order 
and preservation of civil government, essentially depend 
upon piety, religion, and morality; and as these cannot 
be generally diffused through a community but by the 
institution of the public worship of GoD, and of public 
instructions in piety, religion, and morality: Therefore, 
to promote their happiness, and to secure the good order 
and preservation of their government, the people of this 
commonwealth have a right to mvest their legislature with 
power to authorize and require, and the legislature shall, 
from time to time, authorize and require, the several towns, 
parishes, precincts, and other bodies politic, or religious 
societies, to make suitable provision, at their own expense, 
for the institution of the public worship of God, and for 
the supj)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 ri2;ht Legislature 

11' 1 • 1 • 1 • 1 1 • . • to enjoin 

to, and do, mvest 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 

. , . , 1 xi I J' I'j-* !• • • of electing reli- 

ishes, precincts, and other bodies politic, or religious socie- gious teachers 
ties, shall, at all times, have the exclusive right of electing ^^'^^^ 
their public teachers, and of contracting with them for 
their support and maintenance. 

And all monevs paid bv the subject to the support of Option as to 

t 1 • 1 • " 1 c 1 "^ 11' 1 p • 1 1 n ""'hom parochial 

public worship, and or the public teachers aioresaid, shall, taj^esmaybe 
if he require it, be uniformly applied to the support of the etc. ' 
public teacher or teachers of his own religious sect or de- 
nomination, provided there be any on whose instructions 
he attends; otherwise it may be paid towards the support 
of the teacher or teachers of the parish or precinct in which 
the said moneys are raised. 

And every denomination of Christians, demeaning them- Aiidenomina- 
selves peaceably, and as good subjects of the common- protlcted^ ^ 
wealth, shall be equally under the protection of the law: f '^^''*j-^^'.- 

,,,..„ . . subordination 

and no subordination or any one sect or denomination to of one sect to 
another shall ever be established by law.] hibited. 

IV. The people of this commonwealth have the sole Right of self 
and exclusive right of governing themselves, as a free, fec'^ur'^™^"* 
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 powder residing originally in the people, and Accoun^biuty 
being derived from them, the several magistrates and etc. 
officers of government, vested with authority, whether 
legislative, executive, or judicial, are their substitutes 

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

VI. No man, nor corporation, or association of men. Services ren- 
have any other title to obtain advantages, or particular public being 
and exclusive privileges, distinct from those of the com- poculia^pdyi-" 
munity, than what arises from the consideration of serv- {try office are 
ices rendered to the public; and this title being in absurd and 

• 1 1 >• • -1 1 1-11 unnatural. 

nature neither hereditary, nor transmissible to children, 



CONSTITUTION OF THE 



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



Right of i)eople 
to secure rota- 
tion in office. 



All, having the 
qualifications 
prescribed, 
equally eligible 
to office. For 
the definition of 
"inhabitant," 
see Part the 
Second, 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. 
12Pick. 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. 

tiec amend- 
ments, Arts. 
XXXIX and 
XLVII. 



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, XT>V. 122 Mass. 595, 596. 

Freedom of elections, not to be the subject of an initiative or referendum petition. 
See amendments, -Art. XLVIII, The initiative, II, sect. 2. 
For compulsory voting, see amendments, Art. LXI. 

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 Gush. 327. 
14 Gray, 155. 
16 Gray. 417,431. 

I Allen, 150. 

II Allen, 530. 



12 Allen, 223, 230. 
100 Mass. 544, 560. 
103 Mjiss. 120, 624. 
106 Mass. 356, 362. 



108 Mass. 202, 213. 
Ill Mass. 130. 
113 Mass. 45. 
116 Mass. 463. 



126 Mass. 428, 441. 

127 Mass. 50, 52, 
.358, 363, 410, 413. 

129 Mass. 559. 



Right to receive compensation for private property appropriated to public use, not to 
be the subject of an initiative or referendum petition. See amendments. Art. XLVIII, 
The initiative, II, sect. 2. 



COMMONWEALTH OF MASSACHUSETTS. 7 

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

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

XII. No subject shall be held to answer for any crimes Prosecutions 
or offence, until the same is fully and plainly, substantially 8 Pick. 211. 
and formally, described to him ; or be compelled to accuse, is pick! 434. 
or furnish evidence against himself. And every subject 2'Met.''32^9^^' 
shall have a right to produce all proofs that may be favor- PcEav'i"^^" 
able to him; to meet the witnesses against him face to face, | gray! leo. 
and to be fully heard in his defence by himself, or his 10 Gray. 11. 
counsel, at his election. And no subject shall be arrested, 2 Ai'ien^'sei.' 
imprisoned, despoiled, or deprived of his property, immu- 240, 26r,'4^39,~ 
nities, or privileges, put out of the protection of the law, t2\iien, i7o. 
exiled, or deprived of his life, liberty, or estate, but by the 573^^^^ ^^°' 
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. 

Right of access to and protection in courts of justice, not to be the subject of an initia- 
tive or referendum petition. See amendments. Art. XLVIII, The initiative, II, sect. 2. 

And the legislature shall not make anv law that shall Right to trial 

, , *^' , bv jury in 

subject any person to a capital or infamous punishment, criminal cases, 
excepting for the government of the army and navy, with- s Gray, 329, 
out trial by jury. losMass. 418. 

Right of trial by jury, not to be the subject of an initiative or referendum petition. 
See amendments, Art. XLVIII, The initiative, II, sect. 2. 

XIII. 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. i2i''Mass^6'i, 62. 

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

11 , I . i> ^ • 1 • and seizure 

unreasonable searches, and seizures, ot his person, his regulated. 
houses, his papers, and all his possessions. All warrants, AmOTd't iv. " 
therefore, are contrary to this right, if the cause or founda- | cil^h^leg. 
tion of them be not previously supported by oath or affir- }3^Gray^54 
mation, and if the order in the warrant to a civil officer, 10/1'"°' til- 

, , . , , 100 Mass. 136, 

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

, J X • xi • XL X 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. 

Protection from unreasonable search, not to be the subject of an initiative or refer- 
endum petition. See amendments, .\rt. XLVIII, The initiative, II, sect. 2. 



CONSTITUTION OF THE 



Riglit to trial 
Ijy jury sacred, 
except, etc. 
Const, of U. S., 
Amend' t VII. 
2 Pick. 382. 

7 Pick. 366. 
5 Gray, 144. 

8 Gray, 373. 
11 Allen, 574, 
577. 

102 Mass. 45, 47. 



XV. In all controversies concerning property, and in 
all suits between two or more persons, except in cases in 
which it lias heretofore been otherways used and practised, 
the parties have a right to a trial by jury; and this method 
of procedure shall be held sacred, unless, in causes arising 
on the high seas, and such as relate to mariners' wages, 
the legislature shall hereafter find it necessary to alter it. 

114 Mass. 388, 390. 122 Mass. 505. 516. 125 Mass. 182, 188. 

120 Mass. 320, 321. 123 Mass. 590, 593. 128 Mass. 600. 

Right of trial by jury, not to be the subject of an initiative or referendum jjetition. 
See amendments. Art. XLVIII, The initiative, II, sect. 2. 

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. 

Freedom of the press, not to be the subject of an initiative or referendum petition. 
See amendments. Art. XLVIII, The initiative,* II, sect. 2. 

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 WTongs done 
them, and of the grievances they suffer. 

Right of peaceable assembly, not to bo the subject of an initiative or referendum 
Iietition. See amendments, Art. XLVIII, The initiative, II, sect. 2. 

pend^h^f^ws XX. The power of suspending the laws, or the execu- 

or their execu- -^Jqi^ gf the laws, ought ucvcr to bc exercised but by the 

legislature, or by authority derived from it, to be exer- 



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. 



COMMONWEALTH OF MASSACHUSETTS. 9 

cised in such particular cases only as the legislature shall 
expressly provide for. 

Modified by the popular initiative and referendum. See amendments, Art. XLVIII, 
I, Definition. 

XXI. The freedom of deliberation, speech, and debate, Freedom of de- 

- „ , , . , . . , , bate, etc., and 

ni either house or the legislature, is so essential to the reason thereof. 
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. 

Freedom of speech, not to be the subject of an initiative or referendum petition. See 
amendments, Art. XLVIII, The initiative, II, sect. 2. 

XXII. The legislature ought frequently to assemble Frequent ses- 

n , 1 1 i! • r X* X xi • sions, and ob- 

lor the redress or grievances, tor correcting, strengthening, jects thereof. 
and confirming the laws, and for making new laws, as the 
common good may require. 

XXIII. No subsidy, charge, tax, impost, or duties Taxation 
ought to be estabhshed, fixed, laid, or levied, under any consent. °" 
pretext whatsoever, without the consent of the people or ^ ^'^®"' ^*^" 
their representatives in the legislature. 

XXIV. Laws made to punish for actions done heiove ex post facto 
the existence of such laws, and which have not been de- i2''Aife'n, 421,'' ' 
clared crimes by preceding laws, are unjust, oppressive, *24, 428, 434. 
and inconsistent with the fundamental principles of a free 
government. 

XXV. No subject ought, in any case, or in any time, Legislature not 
to be declared guilty of treason or felony by the legis- treason,^e\c.^ 
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- 

, 1-1 , ments, pro- 

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

Protection from unreasonable bail, not to be the subject of an initiative or referendum 
petition. See amendments, Art. XLVIII, The initiative, 11, sect. 2. 

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 any'^ho'i!^,'" 
in time of war, such quarters ought not to be made but ""less, etc 
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, tiXunre's^'^e'^tc. 
except those employed in the army or navy, and except 

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

Protection from law-martial, not to be the subject of an initiative or referendum 
petition. See amendments, Art. XLVIII, The initiative, II, sect. 2. 



10 



CONSTITUTION OF THE 



Judges of su- 
preme judicial 
court. 

3 Pick. 471. 
1 Gray, 472. 

4 Allen, 591. 
7 Allen. 385. 
105 Mass. 219, 
221, 225. 



Salaries. 



Separation of 
executive, judi- 
cial, and legis- 
lative depart- 
ments. 
2 Cush. 577. 
2 Allen. 361. 
8 Allen, 247, 253. 
100 Mass. 282, 
286. 

114 Mass. 247, 
249. 



XXIX. It is essential to the preservation of the rights 
of every individual, his life, liberty, property, and charac- 
ter, that there be an impartial interpretation of the laws, 
and administration of justice. It is the right of every 
citizen to be tried by judges as free, impartial, and inde- 
pendent as the lot of humanity will admit. It is, therefore, 
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 
laws. 

Tenure of their office, not to be the subject of an initiative or referendum petition. 
See amendments, Art. XLVHI, The initiative, II, sect. 2, and The referendum, III, sect. 2. 

XXX. In the government of this commonwealth, the 
legislative department shall never exercise the executive 
and judicial powers, or either of them: the executive shall 
never exercise the legislative and judicial powers, or either 
of them: the judicial shall never exercise the legislative 
and executive powers, or either of them: to the end it 
may be a government of laws and not of men. 

116 Mass. 317. 129 Mass. 559. 

For popular initiative and referendum, see amendments. Art. XLVIII. 
For organization of executive, etc., work of the Commonwealth in not more than 
twenty departments, see amendments. Art. LXVI. 



Title of body 
politic. 



PART THE SECOND. 

The Frame of Government. 

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



CHAPTER I. 

THE LEGISLATIVE POWER. 

Section I. 

The General Court. 

dtpl^m^t Article I. The department of legislation shall be 

formed by two branches, a Senate and House of Represent- 



COM.AIONWEALTH OF MASSACIIUSETl^S. 11 

atives; each of which shall have a negative on the 
other. 

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

II. No bill or resolve of the senate or house of repre- Governor's 
sentatives shall become a law, and have force as such, until 99 Mass. 636. 
it shall have been laid before the governor for his revisal; l°l^^nm°^ 
and if he, upon such revision, approve thereof, he shall return bin or 

rcsolv© for 

signify his approbation by signing the same. But if he amendment, 
have any objection to the passing of such bill or resolve, he ment^ Art. 
shall return the same, together with his objections thereto, p^/j; ^^^^^1 
in writing, to the senate or house of representatives, in pr reduction of 

~ . . items by the 

whichsoever the same shall have originated; who shall governor in 
enter the objections sent down by the governor, at large, ating^mom?^"' 
on their records, and proceed to reconsider the said bill or n'i^ift^'Art. 
resolve. But if after such reconsideration, two-thirds of l^^}^^' ^f- ^^ 

, . , , ,. 'Ill • 1 ^''1 may be 

the said senate or house or representatives, shall, notwith- passed by two- 
standing the said objections, agree to pass the same, it house^.not-*' 
shall, together with the objections, be sent to the other ^it^^^tanding. 
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, 
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 unnecessarv delavs, if anv bill For exception 

^ 1 1 '1 ' '• 1 • in case of ad- 

or resolve shall not be returned by the governor within joumment of 
five days after it shall have been presented, the same shall court within 

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

III. The general court shall forever have full power ™''°*^'^^'- ^; 

,.° . •!• • 1 *jeneral court 

and authority to erect and constitute judicatories and may 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- Tc'ray?!. 
mining of all manner of crimes, offences, pleas, processes, i54^'^^^' ^*^' 
plaints, actions, matters, causes, and things, whatsoever, ^.''ent^Ar't' 
arising or happening within the commonwealth, or between j^J^^l^g^j^" 
or concerning persons inhabiting, or residing, or brought sect. 2, arid f he 
within the same: whether the same be criminal or civil, 111, sect. 2.' 
or whether the said crimes be capital or not capital, and 



12 CONSTITUTION OF THE 

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

for the awarding and making out of execution thereupon. 

may'^admhiister ^o which courts and judicatories are hereby given and 

oaths. granted full power and authority, from time to time, to 

administer oaths or affirmations, for the better discovery 

of truth in any matter in controversy or depending before 

them. 

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

may enact laws, . i i • i i <> • 

etc. given and granted to the said general court, irom time to 

4 Allen. 473'. time to make, ordain, and establish, all manner of whole- 

237. ®°'^^^' some and reasonable orders, laws, statutes, and ordinances, 

100 Mass. 544, directions and instructions, either with penalties or with- 
116 Mass. 467, Qy^; SO as the Same be not repugnant or contrary to this 
For initiative constitutlou, as thcy shall judge to be for the good and 
endJmrree Welfare of this commonwealth, and for the government 
An^'xLviii'. ^^fl ordering thereof, and of the subjects of the same, and 
General court for the ucccssary support and defence of the government 
Sws,Ttc%ot thereof; and to name and settle annually, or provide by 
the'^coMtiU- fixed laws for the naming and settling, all civil officers 
6 Alien, 358. withiu the said commonwealth, the election and consti- 

may provide tution of whom are not hereafter in this form of govern- 

for the election , ,■] • 'iip ij_ j^Pj^Iji 1 

or appointment mcut otlicrwisc providcd lor; and to set forth the several 
ii5°Mms^'602. duties, powers, and limits, of the several civil and mili- 

may prescribe tary officcrs of this commouwealth, and the forms of such 
oaths or affirmations as shall be respectively administered 
unto them for the execution of their several offices and 

may impose placcs, SO as the samc be not repugnant or contrary to 
See^end- this constitutiou; and to impose and levy proportional 
Art"* xLi and ^^d rcasouablc assessments, rates, and taxes, upon all the 
i2^Ms 252. inhabitants of, and persons resident, and estates lying, 
«^!!®"'r?f- within the said commonwealth; and also to impose and 

6 Allen, 558. 1 1 1 • 1 • 1 

8Aiien,247,253. levy reasonable duties and excises upon any produce, 
11 Allen,' 268! goods, warcs, merchandise, and commodities, whatsoever, 
223, 2.3T,'238, brought iuto, produccd, manufactured, or being within 
3i2;3i3.'5oo!'6i2. thc samc; to be issued and disposed of by warrant, under 
ioo^Mass.'285. ^^^ hand of the governor of this commonwealth for the 

101 Mass. 575, time being, with the advice and consent of the council, 
103 Mass. 267. for the public service, in the necessary defence and sup- 
391. " ' port of the government of the said commonwealth, and 
iisMa^siase! the protection and preservation of the subjects thereof, 
123'Mass. 493, according to such acts as are or shall be in force within 
mMass.413! the same. ^ 

may impose And whilc thc pubHc cliargcs of government, or any 
bTdlspo^e'd of P^rt thereof, shall be assessed on polls and estates, in the 



COMMON\\^ALTH OF MASSACHUSETTS. 13 

manner that has hitherto been practised, in order that for defence 
such assessments may be made with equahty, there shall s Alien, 247, 
be a valuation of estates within the commonwealth, taken valuation of 
anew once in every ten years at least, and as much oftener te!fyears"*at''^ 
as the general court shall order. IfasV while, etc 

^ 8 Allen, 247. 

For the authority of the general court to charter cities, see amendments, Art. II. 126 Mass. 547. 

For the state wide referendum on bills and resolves of the general court, see amend- 
ments. Art. XLII. Art. XLII annulled by initiative and referendum amendment, see 
amendments. Art. XLVIII, The referendum, VIII, 

For the power given the general court to provide by law for absentee and compulsory 
voting, see amendments. Arts. XLV and LXI. 

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. XLVII. 



CHAPTER I. 
Section II. 

Senate. 

Article I. [There shall be annually elected, by the Senate, number 
freeholders and other inhabitants of this commonwealth, whom elected. 
qualified as in this constitution is provided, forty persons amendments,^ 
to be councillors and senators for the year ensuing their ^hVch^wi' also 
election; to be chosen by the inhabitants of the districts superseded by 

' ^ p . . ■, amendments, 

into which the commonwealth may, from time to time, be Art. xxii. 
divided by the general court for that purpose: and the 
general court, in assigning the numbers to be elected by 
the respective districts, shall govern themselves by the pro- 
portion of the public taxes paid by the said districts; and 
timely make known to the inhabitants of the common- For provision as 
wealth the limits of each district, and the number of coun- see'^amend""' 
cillors and senators to be chosen therein; provided, that ^^Y.^'^»"*- 
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, d^trlcts! untif, 
until the general court shall determine it necessary to ^**'- 
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.] 



14 



CONSTITUTION OF THE 



Manner and 
time of choosing 
senators and 
councillors. 
See amend- 
ments, Arts. X, 
XV, XLV and 
LXIV, sect. 1. 
As to cities, 
see amend- 
ments, Art. II. 
Provisions as to 
qualifications of 
voters, super- 
seded by 
amendments, 
Arts. Ill, XX, 
XXVIII, 
XXX, XXXI 
and XXXII. 
Word "inhabit- 
ant" defined. 
See also 
amendments. 
Art. XXIII, 
which was 
annulled by 
Art. XXVI. 
12 Gray, 21. 
122 Mass. 595, 
597. 



Selectmen to 
preside at town 
meetings. 



Return of 
votes. 



As to cities, see 
amendments, 
Art. II. 



Time changed • 
to first Wednes- 
day 01 January. 
See amend- 
ments. Art. X. 



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



II. The senate shall be the first branch of the legisla- 
ture; and the senators shall be chosen in the following man- 
ner, viz.: there shall be a meeting on the [first Monday in 
April,] [annually,] forever, of the inhabitants of each town 
in the several counties of this commonwealth; to be called 
by the selectmen, and warned in due course of law, at 
least seven days before the [first jNIonday in April,] for 
the purpose of electing persons to be senators and coun- 
cillors; [and at such meetings every male inhabitant of 
tw'enty-one years of age and upw^ards, having a freehold 
estate within the commonwealth, of the annual income of 
three pounds, or any estate of the value of sixty pounds, 
shall have a right to give in his vote for the senators for 
the district of which he is an inhabitant.] And to remove 
all doubts concerning the meaning of the word " inhabit- 
ant " in this constitution, every person shall be considered 
as an inhabitant, for the purpose of electing and being 
elected into any office, or place within this state, in that 
town, district, or plantation where he dwelleth, or hath 
his home. 

The selectmen of the several towns shall preside at such 
meetings impartially; and shall receive the votes of all the 
inhabitants of such towns present and qualified to vote for 
senators, and shall sort and count them in open town 
meeting, and in presence of the town clerk, who shall make 
a fair record, in presence of the selectmen, 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 tlie secretary of 
the commonwealth for the time being, with a superscription, 
expressing the purport of the contents thereof, and delivered 
by the tow-n clerk of such towns, to the sheriff of the county 
in which such town lies, thirty days at least before [the last 
Wednesday 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 sherifl^ of each county 
shall deliver all such certificates by him received, into 
the secretary's office, seventeen days before the said [last 
Wednesday in May.] 

[And the inhabitants of plantations unincorporated, 
qualified as this constitution provides, w4io are or shall 
be empowered and required to assess taxes upon them- 
selves toward the support of government, sliall have the 



COMMONWEALTPI OF MASSACHUSETTS. * 15 

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 meetings for that Plantation 
purpose shall be held annually [on the same first Monday Timeofeiec- 
in April], at such place in the plantations, respectively, as bylmemf- 
the assessors thereof shall direct ; which assessors shall have xv!*^' ^''^' 
like authority for notifying the electors, collecting and Assessors to 
returning the votes, as the selectmen and town clerks have 
in their several towns, by this constitution. And all other 
persons living in places unincorporated (qualified as afore- 
said) 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 senators Governor and 
on the [last Wednesday in ^lay] annually, the governor with amkielmi^' 
five of the council, for the time being, shall, as soon as may a°d"ksTi°e^' 
be, examine the returned copies of such records; and four- x"n,™°^^^gH 
teen days before the said day he shall issue his summons to to first 
such persons as shall appear to be chosen by [a majority of] January by ^ 
voters, to attend on that day, and take their seats accord- Ad!'x™*'° *' 
ingly: provided, nevertheless, that for the first year the Majority 
said returned copies shall be examined by the president and plurality by 

fil^.l •ij?j1 e ',•;.• !• amendments, 

ve or the council or the lormer constitution or govern- Art. xrv. 

ment; 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 tlie final judge of the elections, senate to be 
returns and qualifications of their own members, as pointed eieotiinsfetc^. 
out in the constitution; and shall, [on the said last Wednes- mJmbOTs'! 
dav in Mav] [annually,] determine and declare who are Time changed 
elected by each district to be senators [by a majority of Wednesday of 
votes; and in case there shall not appear to be the full amendments, 
number of senators returned elected by a majority of votes j/ajority 
for any district, the deficiency shall be supplied in the fol- "-.^^^J^f *b- 
lowing manner, viz.: The members of the house of repre- amendments, 
sentatives, 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 senators sufficient to fill up the vacan- 



16 



CONSTITUTION OF THE 



Vacancies, how 
filled. 

Changed to 
election by 
people. 
See amend- 
ments, Art. 
XXIV. 

Qualifications 
of a senator. 
Property qual- 
ification abol- 
ished. 
See amend- 
ments. Art. 
XIII. 

For further 
provision as to 
residence, see 
also amend- 
ments. Art. 
XXII. 



Senate not to 
adjourn more 
than two days. 
See amend- 
ments, Art. LII 

shall choose 
its officers and 
establish its 
rules. 

shall try all 
impeachments. 



Oath. 



Limitation of 
sentence. 



Quorum . 
See amend- 
ments, Arts. 
XXII and 
XXXIII. 



cies ill such district; and in this manner all such vacancies 
shall be filled up in every district of the commonwealth; 
and in like manner all vacancies in the senate, arising by 
death, removal out of the state, or otherwise, shall be sup- 
plied as soon as may be, after such vacancies shall happen.] 

V. Provided, nevertheless, that no person shall be 
capable of being elected as a senator, [who is not seised in 
his own right of a freehold, within this commonwealth, of the 
value of three hundred pounds at least, or possessed of per- 
sonal estate to the value of six hundred pounds at least, 
or of both to the amount of the same sum, and] who has not 
been an inhabitant of this commonwealth for the space of 
five years immediately preceding his election, and, 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, 
provided such adjournments do not exceed two days at a 
time. 

VII. The senate shall choose its own president, appoint 
its own officers, and determine its own rules of proceedings. 

VIII. The senate shall be a court with full authority to 
hear and determine all impeachments made by the house of 
representatives, against any officer or officers of the com- 
monwealth, for misconduct and mal-administration 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 judgment, however, shall not 
extend further than to removal from office and disqualifica- 
tion 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. 

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



B epresentation 
of the people. 



CHAPTER I. 

Section HI. 

House of Representatives. 

Article I. There shall be, in the legislature of this com- 
monwealth, a representation of the people, annually elected, 
and founded u])on the principle of equality. 

For change to biennial elections, see amendments, Art. LXIV, sect. 1. 



COMMONWEALTH OF MASSACHUSETTS. 17 

II. [And in order to provide for a representation of the Representa- 
citizens of this commonwealth, founded upon the principle cWn/ ^ °™ 
of equality, every corporate town containing one hundred amendments,'^ 
and fifty ratable polls may elect one representative; every xm.'^ikir'^ 
corporate town containing three hundred and seventv-five ^'^re also 

. ,-, , . ' superseded by 

ratable polls may elect two representatives; every corporate iimendments, 
town containing six hundred ratable polls may elect three 7 Mass. 523. 
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, Proviso as to 

-. , ,, ifp 11 n 1 towns having 

not havmg one hundred and fatty ratable polls, may elect less than i.io 
one representative; but no place shall hereafter be incor- 
porated with the privilege of electing a representative, unless 
there are within the same one hundred and fifty ratable polls.] 

And the house of representatives shall have power from Towns liable 
time to time to impose fines upon such towns as shall neglect etc. "" *" ^^^^' 
to choose and return members to the same, agreeably to this 
constitution. 

[The expenses of travelling to the general assembly, and fra?em?gfo 
returning home, once in every session, and no more, shall g"nera°TO!)^t 
be paid by the government, out of the public treasury, to ¥j,^P,f^,3 
every member who shall attend as seasonably as he can, in Art. xxxv. 
the judgment of the house, and does not depart without 
leave.] 

III. Every member of the house of representatives shall of'^arep?^""^ 
be chosen by written votes; [and, for one year at least next Ne4^*^rovision 
preceding his election, shall have been an inhabitant of, and as to residence. 
have been seised in his own right of a freehold of the value ments. Art. 
of one hundred pounds within the town he shall be chosen Property quai- 
to represent, or any ratable estate to the value of two hun- Jg^edb" ^ '''^°'' 
dred pounds; and he shall cease to represent the said town amendments, 
immediately on his ceasing to be qualified as aforesaid.] 

IV. [Every male person, being twenty-one years of age. Qualifications 
and resident in any particular town in this commonwealth These provi- 
for the space of one year next preceding, having a freehold sedld^by" 
estate within the said town of the annual income of three A?trm!xx, 
pounds, or any estate of the value of sixty pounds, shall xxx/xxxi, 
have a right to vote in the choice of a representative or ^jH^^^*"*^ 
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 uve8.Then* 
be chosen annually in the month of 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 amend- 
meuts, Art. XV. 



18 



CONSTITUTION OF THE 



House alone 
can impeach. 



House to origi- 
nate all money 
bills. 



Not to adjourn 
more than v.\ o 
days. 

t-ee amend- 
ments, .\rt. LH, 

Quorum. 
See amend- 
ments, Arts. 
XXI and 
XXXIII. 
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. 

Cieneral limita- 
tion. 
14 Gray, 226. 



Trial may be 
by committee, 
or otherwise. 



VI. The house of representatives shall be the grand in- 
quest of this commonwealth; and all impeachments made 
by them shall be heard and tried by the senate. 

VII. All money bills shall originate in the house of repre- 
sentatives; but the senate may propose or concur with 
amendments, as on other bills. 

VIII. The house of representatives shall have power to 
adjourn themselves; provided such adjournment shall not 
exceed two days at a time. 

IX. [Not less than sixty members of the house of 
representatives shall constitute a quorum for doing busi- 
ness-l 

X. The house of representatives shall be the judge of 
the returns, elections, and qualifications of its own members, 
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 
authorit}^ 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 bj^ the order of the 
house. 

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

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

And the senate and house of representatives may try and 
determine all cases where their rights and privileges are con- 
cerned, 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. 



COINIMONWEALTH OF MASSACHUSETTS. 19 

CHAPTER II. 

EXECUTIVE POWER. 

Section I. 

Governor. 

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

II. The governor shall be chosen lannually ;] and no per- to be chosen 
son shall be eligible to this office, unless, at the time of his fo" change to 
election, he shall have been an inhabitant of this common- {^onsTsee*'''^ 
wealth for seven years next preceding; [and unless he shall aT'lxTv*^' 
at the same time be seised, in his own right, of a freehold, sects. 1-4. 
within the commonwealth, of the value of one thousand seTaniendu"** 
pounds;] [and unless he shall declare himself to be of the viTan/'^*'''' 
Christian religion.] xxxiv. 

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

. > , ,. ..1 • ,1 1 , !• chosen, if he 

senators and representatives withm the several towns or haveamajor- 
this commonwealth shall, at a meeting to be called for that se^e a^me°nd-' 
purpose, on the [first Monday of April] [annually,] give in xlv!' ^''^' 
their votes for a governor, to the selectmen, who shall preside Time of eiec- 
at such meetings; and the town clerk, in the presence and by amend^-*^ 
with the assistance of the selectmen, shall, in open town x^and'^'^*" 
meeting, sort and count the votes, and form a list of the by^am*^nd-'*'" 
persons voted for, with the number of votes for each person ^wts, Art. 
against his name; and shall make a fair record of the same 
in the town books, and a public declaration thereof in the As to cities, see 
said meeting; and shall, in the presence of the inhabitants, Art"/!™*"" *' 
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 the same to the secre- Time changed 
tary's office, seventeen days at least before the said [last Wednesday of 
Wednesday in May]; or the selectmen may cause returns of fmendrnM^ts, 
the same to be made to the office of the secretary of the ^^t. x. 
commonwealth, seventeen days at least before the said day; 
and the secretary shall lay the same before the senate and 
the house of representatives on the [last W^ednesday in May], 
to be by them examined ; and in case of an election by a changed to 
[majority] of all the votes returned, the choice shall be by amindmenfs. 

Art. XIV. 



20 



CONSTITUTION OF THE 



How chosen, 
when no per- 
son has a 
plurality. 



Power of gov- 
ernor, and of 
governor and 
council. 



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. 

This article 
annulled and 
superseded by 
amendments, 
Art. LIV. 



them declared and published; but if no person shall have a 
[majority] of votes, the house of representatives shall, by 
ballot, elect two out of four persons who had the highest 
number of votes, if so many shall have been voted for; but, 
if otherwise, 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 
time, at his discretion, to assemble and call together the 
councillors of this commonwealth for the time being; and 
the governor with the said councillors, or five of them at 
least, shall, and may, from time to time, hold and keep a 
council, for the ordering and directing the affairs of the 
commonwealth, agreeably to the constitution and the laws 
of the land. 

V. The governor, with advice of council, shall have full 
power and authority, during the session of the general court, 
to adjourn or prorogue the same to any time the two houses 
shall desire; [and to dissolve the same on the day next pre- 
ceding the last Wednesday in May; 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 commonwealth 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 May.] 

VI. In cases of disagreement between the two houses, 
with regard to the necessity, expediency, or time of adjourn- 
ment or prorogation, the governor, with advice of the coun- 
cil, 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 com- 
mander, or other officer or officers, from time to time, to 
train, instruct, exercise, and govern the militia and navy; 



COMMONWEALTH OF MASSACHUSETTS. 21 

and, for the special defence and safety of the commonwealth, 
to assemble in martial array, and put in warlike posture, the 
inliabitants 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 conquer, by all fitting ways, enter- 
prises, and means whatsoever, all and every such person and 
persons as shall, at any time hereafter, in a hostile manner, 
attempt or enterprise the destruction, invasion, detriment, 
or annoyance of this commonwealth; and to use and exer- 
cise, over the army and navy, and over tlie 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 
occasion shall necessarily require; and to take and surprise, 
by all ways and means whatsoever, all and every such per- 
son 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 commonwealth; 
and that the governor be intrusted with all these and other 
powers, incident to the offices of captain-general and com- 
mander-in-chief, and admiral, to be exercised agreeably to 
the rules and regulations of the constitution, 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 legislature, 
transport any of the inhabitants of this commonwealth, or 
oblige them to march out of the limits of the same, without 
their free and voluntary consent, or the consent of the gen- 
eral court; except so far as may be necessary to march or 
transport them by land or water, for the defence of such 
part of the state to which they cannot otherwise con- 
veniently have access.] 

VIII. The power of pardoning offences, except such Governor and 

^ . J p P (, , , council may 

as persons may be convicted or before the senate by an pardon 
impeachment of the house, shall be in the governor, by except, etc. 
and with the advice of council; but no charter of pardon. But not before 
granted by the governor, with advice of the council before 109 m^T."323. 
conviction, shall avail the party pleading the same, notwith- 
standing any general or particular expressions contained 
therein, descriptive of the offence or offences intended to be 
pardoned. . . 

IX. All judicial officers, [the attorney-general,] the cers. etc., how 
solicitor-general, [all sheriffs,] coroners, [and registers of pro- appointed.''" 



22 



CONSTITUTION OF THE 



For provisions 
as to election 
of attorney- 
general, see 
amendments, 
Arts. XVII 
and LXIV, 
sect. 1. 



Militia officers, 
how elected. 
Limitation of 
age struck out 
by amend- 
ments, Art. V. 
This article 
annulled and 
superseded by 
amendments, 
Art. LIII. 



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 oflficers, 
how appointed. 



Organization of 
militia. 



bate,] shall be nominated and appointed by the governor, 
by and with the advice and consent of the council; and every 
such nomination shall be made by the governor, and made 
at least seven days prior to such appointment. 

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

For provision as to appointment of notaries jjublic, see amendments, Arts. IV. and 
LVII. 

Appointment, tenure, etc., of judges not to be the subject of an initiative or 
referendum petition; see amendments. Art. XLVIII, The initiative, II, sect. 2, and The 
referendum, III, sect. 2. 

X. [The captains and subalterns of the militia 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 subalterns 
of their respective regiments; the brigadiers shall be elected, 
in like manner, by the field officers of their respective bri- 
gades; and such officers, so elected, shall be commissioned 
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 collecting 
votes, and of certifying to the governor, the officers elected. 

The major-generals shall be appointed by the senate and 
house of representatives, each ha\'ing 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 elections, 
after being duly notified, according to the laws for the time 
being, then the governor, with advice of council, shall ap>- 
point suitable persons to fill such offices. 

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

The commanding officers of regiments shall appoint their 
adjutants and quartermasters; the brigadiers their brigade- 
majors; and the major-generals their aids; and the governor 
shall appoint the adjutant-general. 

The governor, with advice of council, shall appoint all 
officers of the continental army, whom by the confederation 
of the United States it is provided that this commonwealth 
shall appoint, as also all officers of forts and garrisons. 

Tlie divisions of the militia into brigades, regiments, and 
companies, made in pursuance of the militia laws now m 



C0]M]V10NWEALTH OF jMASSACHUSETTS. 23 

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 d^raw^'n from the 
this commonwealth, and disposed of (except such sums as g^^^'^^'tg 
may be appropriated for the redemption of bills of credit i3 Alien, 593. 
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 coun- 
cil, for the necessary defence and support of the common- 
wealth; and for the protection and preservation of the in- 
habitants thereof, agreeably to the acts and resolves of the 
general court. 

Certain appropriations of money from treasury not to be subjects of initiative or refer- 
endum petition. See amendments, Art. XLVIII, The initiative, II, sect. 2, and The 
referendum, III, sect. 2. 

XII. All public boards, the commissary-general, all su- ah public 
perintending officers of public magazines and stores, belong- mTke quart erfy 
ing to this commonwealth, and all commanding officers of '■«*'^'""s- 
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, ammunition, cannon 
with their appendages, and small arms with their accoutre- 
ments, and of all other public property whatever under their 
care respectively; distinguishing the quantity, number, qual- 
ity and kind of each, as particularly as may be; together with 
the condition of such forts and garrisons; and the said com- 
manding officer shall exliibit to the governor, when required 
by him, true and exact plans of such forts, and of the land 
and sea or harbor or harbors, adjacent. 

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

XIII. As the public good requires that the governor Salary of 
should not be under the undue influence of any of the mem- 
bers of the general court by a dependence on them for his 
support, that he should in all cases act with freedom 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 common- 
wealth in the character of its chief magistrate, it is necessary 
that he should have an honorable stated salary, of a fixed 
and permanent value, amply sufficient for those purposes, 



24 



CONSTITUTION OF THE 



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 established 
by law for the justices of the supreme judicial court. 

Compensation of judges not to be the subject of an initiative or referendum petition ; 
Kce amendments, Art. XLVIII, The initiative, II, sect. 2, and The referendum. III, 
sect. 2. 

Salaries to be ^^j^^^ jf j^ ^]^^\i ]^q found that auv of the salaries aforesaid, 

enlarged jt , , , 'in • • 

insufficient. so established, are insufficient, they shall, from time to time, 
be enlarged, as the general court shall judge proper. 



Salaries of jus- 
tices of su- 
preme judicial 
court. 



Lieutenant- 
governor; his 
title and 
qualifications. 
See amend- 
ments, Arts. 
VII and 
XXXIV. 

For change 
to biennial 
elections, see 
amendments. 
Art. LXIV, 
sect. 1. 
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 bo 
acting gov- 
ernor, in case, 
etc. 

See amend- 
ments. Art. LV, 



CHAPTER II. 

Section II. 

Lieutenant-Governor. 

Article I. There shall be [annually] elected a lieutenant- 
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 governor; and the day and 
manner of his election, and the qualifications of the electors, 
shall be the same as are required 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 per- 
son shall be found to have [a majority] of all the votes re- 
turned, the vacancy shall be filled by the senate and house 
of representatives, 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 commonwealth, 
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 constitution the 
governor is vested with, when personally present. 



COMMONWEALTH OF IVIASSACHUSETTS. 25 

CHAPTER II. 
Section III. 

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

Article I. There shall be a council for advising the coundi. 
governor in the executive part of the government, to consist TOu^dfions^ 
of [nine] persons besides the lieutenant-governor, whom the efghT*^*" 
governor, for the time being, shall have full power and ^witrTrt 
authority, from time to time, at his discretion, to assemble ^vi. ' 
and call together; and the governor, with the said coun- 
cillors, 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, according to the laws of 
the land. 

II. [Nine councillors shall be annually chosen from Number; from 
among the persons returned for councillors and senators, on how™hos"n. 
the last Wednesday in May, by the joint ballot of the sen- ^SmenL. 
ators and representatives assembled in one room; and in ahs^. Xand 
case there shall not be found upon the first choice, the whole Superseded by 

, c . 1 Ml , , • /I •! amendments, 

number oi nme persons who will accept a seat m the council. Art. xvi. 

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 comTcoun^ciT 

the persons thus elected from the senate, and accepting the l^rs. their seats 

^ , ,, , 1 • 1 1 r o to be vacated. 

trust, shall be vacated in the senate.] 

III. The councillors, in the civil arrangements of the ^^n^iii^rs 
commonwealth, shall have rank next after the lieutenant- 
governor. 

IV. [Not more than two councillors shall be chosen out J^° "^'1*"!.^* *" 

, , nave more 

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 lieutenant- council to 

1111 1 c 1 1 1 exercise the 

governor shall be vacant, by reason oi death, absence, or power of gov- 
otherwise, then the council, or the major part of them, shall, etc. 
during such vacancy, have full power and authority to do, annufiod and 
and execute, all and every such acts, matters, and things, as l^endmOTts,^ 
the governor or the lieutenant-governor might or could, by ^^^' ^^ • 



26 



CONSTITUTION OF THE 



Elections may 
be adjourned 
until, etc. 



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



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 com- 
pleted 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.] 



Secretary, etc., 
by whom and 
how chosen. 
For provision 
as to election 
of secretary, 
treasurer and 
receiver-gen- 
eral, auditor 
and attorney- 
general, eee 
amendments, 
Arts. XVII and 
LXIV, sect. 1. 
Treasurer in- 
eligible for 
more than five 
successive 
years. 



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



CHAPTER II. 

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 cliosen annually, by joint ballot of the 
senators and representatives 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 pubUc accounts, are 
their prof)erty, 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 
amendments, Arts. IV and LVII. 

Treasurer and receiver-general ineligible to election for more than three successive 
terms. See amendments, Art. LXIV, sect. 2. 

II. The records of the commonwealth shall be kept in 
the office of the secretary, who may appoint his deputies, 
for whose conduct he shall be accountable; and he shall 
attend the governor and council, the senate and house of 
representatives, in person, or by his deputies, as they shall 
respectively require. 



CHAPTER III 



JUDICIARY POWER. 

SSmfssfonld Article I. The tenure, that all commission officers shall 
eSsled*^^ by law have in their offices, shall be expressed in their 
Judicial officers respcctivc commissions. All judicial officers, duly ap- 

to hold office ^ "• 



COMMONWEALTH OF MASSACHUSETTS. 27 

pointed, commissioned and sworn, shall hold their offices during good 
during good behavior, excepting such concerning whom there cept, etc' 
is different provision made in this constitution: provided, remo'vedon 
nevertheless, the governor, with consent of the council, may ^'^'^''^^s- 
remove them upon the address of both houses of the legis- 
lature. 

For tenure, etc., of judges, see amendments, Art. XLVHI, The initiative, H, sect. 
2, and The referendum, III, sect. 2. 

For retirement of judicial officers, see amendments. Art. LVHI. 

II. Each branch of the legislature, as well as the Justices of su- 

, •! 1 11 1 xl -x X • preme judicial 

governor and council, shall nave authority to require court to give 
the opinions of the justices of the supreme judicial court, Required.'' 
upon important questions of law, and upon solemn occa- }26mSs;557; 
sions. ^^^• 

III. In order that the people maA' not suffer from the Justices of the 

. . '. c 1 1 peace; tenure 

long continuance in place or any justice or the peace who of their office. 

shall fail of discharging the important duties of his office ' 

with ability or fidelity, all commissions of justices of the 

peace shall expire and become void, in the term of seven 

years from their respective dates; and, upon the expiration For removal of 

' „ . . , .„ I I justices of the 

or any commission, the same may, ir necessary, be renewed, peace, see 
or another person appointed, as shall most conduce to the Art!"xxxvii. 
well-being of the commonwealth. 

IV. The judges of probate of wills, and for granting J,'^°(j^^'°"rif'' 
letters of administration, shall hold their courts at such place bate courts. 
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 ap- 
pointments, the said courts shall be holden at the times and 
places which the respective judges shall direct. 

V. All causes of marriage, divorce, and alimony, and all d'iv",-rerand 
appeals from the judges of probate, shall be heard and ji|j™g°"^;j^ 
determined by the governor and council, until the legislature visions made 
shall, by law, make other provision. ne Mass. 317. 105 Mass. 327. 



CHAPTER IV. 

delegatp:s to congress. 
[The delegates of this commonwealth to the congress of r)eiegatesto 

l-TT'iri 111 • •! iPT congress. 

the United States, shall, some time in the month 01 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 



28 



CONSTITUTION OF THE 



commissions under the hand of the governor, and the great 
seal of the commonwealth; but may be recalled at any time 
within the ;>'ear, and others chosen and commissioned, in the 
same manner, in their stead.] 



CHArTER V. 



Harvard 
College. 



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



All gifts, 
grants, etc., 
confirmed. 



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 university 
many persons of great eminence have, by the blessing of 
God, been initiated in those arts and sciences which qualified 
them for public employments, both in church and state; 
and whereas the encouragement of arts and sciences, and 
all good literature, tends to the honor of God, the advantage 
of the Christian religion, and the great benefit of this and 
the other United States of America, — it is declared, that 
the President and Fellows of Harvard College, in 
their corporate capacity, and their successors in that capac- 
ity, their officers and servants, shall have, hold, use, exer- 
cise, and enjoy, all the powers, authorities, rights, liberties, 
privileges, immunities, 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 president and fellows of Harvard College, and to their 
successors, and to their officers and servants, respectively, 
forever. 

II. And whereas there have been at sundry times, by 
divers persons, gifts, grants, devises of houses, lands, tene- 
ments, goods, chattels, legacies, and conveyances, heretofore 
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 conveyances, are 
hereby forever confirmed unto the president and fellows of 
Harvard College, and to their successors in the capacity 



COMMONWEALTH OF MASSACHUSETTS. 29 

aforesaid, according to the true intent and meaning of the 
donor or donors, grantor or grantors, devisor or devisors. 

III. [And whereas, by an act of the general court of the 
colony of Massachusetts Bay, passed in the year one thou- 
sand six hundred and forty-two, the governor and deputy- 
governor, for the time being, and all the magistrates of that 
jurisdiction, were, with the president, and a number of the 
clergy in the said act described, constituted the overseers of 
Harvard College; and it being necessary, in this new con- who shall be 
stitution of government to ascertain who shall be deemed °'^®'^®*"'®- 
successors to the said governor, deputy-governor, and magis- 
trates; it is declared, that the governor, lieutenant-governor, see statutes, 
council, and senate of this commonwealth, are, and shall be \lll\ l^*- 
deemed, their successors, who, with the president of Harvard \lll' f^j- 
College, for the time being, together with the ministers of isso', 65,144. 
the congregational churches in the towns of Cambridge, im', ua'. 
Watertown, Charlestown, Boston, Roxbury, and Dorchester, ml] m. 
mentioned in the said act, shall be, and hereby are, vested I902; 243'. *^^' 
with all the powers and authority belonging, or in any way f^^^^] Hf 
appertaining to the overseers of Harvard College; provided, 
that] nothing herein shall be construed to prevent the legis- Power of aitera- 
lature of this commonwealth from making such alterations in the"Sa'tt^e!° 
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 legis- 
lature of the late Province of the IVIassachusetts Bav.- 



CHAPTER V. 

Section H. 

The Enccniragement of Literature, etc. 

Wisdom and knowledge, as well as virtue, diffused gen- Dutyofiegis- 
erally among the body of the people, being necessary for the mig-stralel in 
preservation of their rights and liberties; and as these depend peJods'" 
on spreading the opportunities and advantages of education ^or further 

,1 • J i> ,^ 1,,.^ provisions as to 

m the various parts of the country, and among the different public schools, 
orders of the people, it shall be the duty of legislatures and ^n^rArts. 
magistrates, in all future periods of this commonwealth, to xlvl'''''^ 
cherish the interests of literature and the sciences, and all 503^"^°' ^°°' 
seminaries of them; especially the university at Cambridge, losMass. 94, 97. 
public schools and grammar schools in the towns; to en- 
courage private societies and public institutions, rewards and 



30 



COXSTITUTIOX OF THE 



immunities, for the promotion 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 affec- 
tions, and generous sentiments, among the people. 



CHAPTEE VI. 



Oaths, etc. 



Abolished. 
See amend- 
ments, Art. 
VII. 



Declaration 
and oaths of 
all officers. 



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



OATHS AND SUBSCRIPTIONS; INCOMPATIBILITY OF AND EX- 
CLUSION FROM offices; pecuniary qualifications; 
COMMISSIONS; writs; confirmation of laws; habeas 
corpus; the enacting style; continuance of offi- 
cers; provision for a future revisal of the con- 
stitution, 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 oAvn right, of the property 
required by the constitution, as one qualification for the 
office or place to which I am elected." 

And the governor, lieutenant-governor, and councillors, 
shall make and subscribe the said declaration, in the presence 
of the two houses of assembly; and the senators and repre- 
sentatives, first elected under this constitution, before the 
president and five of the council of the former constitution; 
and forever afterwards before the governor and council for 
the time being.] 

And every person chosen to either of the places or offices 
aforesaid, as also any person appointed or commissioned to 
any judicial, executive, military, or other office under the 
government, shall, before he enters on the discharge of the 
business of his place or office, take and subscribe the follow- 
ing declaration, and oaths or affirmations, viz. : 

["I, A. B., do truly and sincerely acknowledge, profess, 
testify, and declare, that the Commonwealth of jNIassachu- 
setts is, and of right ought to be, a free, sovereign, and 



COMMONWEALTH OF MASSACHUSETTS. 31 

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 commonwealth, 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 acknowledgment, 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 faith- Oath of office, 
fully 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 common- 
wealth. So help me, God." 

Provided, always, that when any person chosen or ap- Proviso, 
pointed as aforesaid, shall be of the denomination of the ments? Art" vi. 
people called Quakers, and shall declme taking the said 
oath[s], he shall make his aflSrmation in the foregoing form, 
and subscribe the same, omitting the words, ["7 do swear," 
"and abjure," "oath or," "and abjuration," in the first oath, 
and in the second oath, the words] " sivear and," and [in 
each of them] the words "So help me, God;" subjoining 
instead thereof, " This I do under the pains and penalties of 
perjury." 

And the said oaths or affirmations shall be taken and Oathsand 

,,.,,, - . . affirmations, 

subscribed by the governor, lieutenant-governor, and coun- how adminis- 
cillors, before the president of the senate, in the presence 
of the two houses of assembly; and by the senators and 
representatives first elected under this constitution, before 
the president and five of the council of the former constitu- 



32 



CONSTITUTION OF THE 



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 
excepted by 
amendments, 
Art. XXVII. 



Incompatible 

offices. 



Bribery, etc., 
disqualify. 



tion ; and forever afterwards before the governor and council 
for the time being; and by the residue of the officers afore- 
said, 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 — sheriff — register of 
probate — or register of deeds ; and never more than any 
two offices, which are to be held by appointment of the 
governor, or the governor and council, or the senate, or the 
house of representatives, or by the election of the people of 
the state at large, or of the people of any county, military 
offices, and the offices of justices of the peace excepted, shall 
be held by one person. 

No person holding 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] — sheriff — clerk of the house of 
representatives — register of probate — register of deeds 

— clerk of the supreme judicial court — clerk of the inferior 
court of common pleas — or officer of the customs, including 
in this description naval officers — sha'l at the same time 
have a seat in the senate or house of representatives; but 
their being chosen or appointed to, and accepting the same, 
shall operate as a resignation of their seat in the senate or 
house of representatives; and the place so vacated shall be 
filled up. 

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

And no person shall ever be admitted to hold a seat in the 
legislature, or any office of trust or importance under the 
government of this commonwealth, who shall, in the due 



COMMONWEALTH OF IVIASSACHUSETTS. 33 

course of law, have been convicted of bribery or corruption 
in obtaining an election or appointment. 

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

... p 1 1 • 1 r . . ncations may 

be m the power oi the legislature, from time to time, to be increased. 
increase such qualifications, as to property, of the persons to ments, Arts. 
be elected to offices, as the circumstances of the common- xxxiv. 
wealth shall require.] 

IV. All commissions shall be in the name of the Com- Provisions 
monwealth of Massachusetts, signed by the governor and wmmissions. 
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 the Provisions re- 
courts of law, shall be in the name of the Commonwealth of 2'pick!^592"**' 
Massachusetts; they shall be under the seal of the court i3^GrayfV4. 
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, formwkwr"^ 
used, and approved in the Province, Colony, or State of j^^^*' ^.^g*'- ' 
Massachusetts Bay, and usually practised on in the courts of 2 Mass! 534. 
law, shall still remain and be in full force, until altered or le Pick. loV, 
repealed by the legislature; such parts only excepted as l^liet. m. 
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 securedTex"* 
free, easy, cheap, expeditious, and ample manner; and shall ''^p**^*''- 
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, The enacting 
statutes, and laws, shall be ■ — " Be it enacted by the Senate ^*^^^" 

and House of Representatives in General Court assembled, 
and by the authority of the same." 

IX. [To the end there may be no failure of justice, or officers of 
danger arise to the commonwealth from a change of the memTTOnt^n'ired 
form of government, all officers, civil and military, holding ^^'i-®*"- 
commissions under the government and people of IMassa- 

chusetts Bay in New England, and all other officers of the 
said government and people, at the time this constitution 
shall take effect, shall have, hold, use, exercise, and enjoy, 



34 



CONSTITUTION OF THE 



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



Provision for 
revising con- 
stitution. 



Provision for 
preserving and 
publishing this 
oonetitution. 



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, em- 
ployments 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 prin- 
ciples of the constitution, and to correct those violations 
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 plantations, 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 precepts, are 
in favor of such revision or amendment, the general court 
shall issue precepts, or direct them to be issued from the 
secretary's office, to the several towns to elect delegates to 
meet in convention for the purpose aforesaid. 

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

XI. This form of government shall be enrolled on parch- 
ment, and deposited in the secretary's office, and be a part 
of the laws of the land; and printed copies thereof shall be 
prefixed to the book containing the laws of this common- 
wealth, in all future editions of the said laws. 



Bill, etc., not 
approved 
within five 
days, not to 
become a law. 



ARTICLES OF AMENDMENT. 

Article I. If any bill or resolve shall be objected to, and 
not approved by the governor; and if the general court shall 
adjourn within five days after the same shall have been 



COMMONWEALTH OF MASSACHUSETTS. 35 

laid before the srovernor for his approbation, and thereby if legislature 

, . . . . , , . , . . • 1 1 1 *^ adjourn in the 

prevent his returning it with his objections, as provided by mean time. 
the constitution, such bill or resolve shall not become a law, see const.,' ch. 
nor have force as such. ^' ^ ^' ^^^' ^^' 

Art. II. The general court shall have full power and e^mpowerXo 
authority to erect and constitute municipal or city govern- Jj^Mass'ssI' 
ments, in any corporate town or towns in this common- Seeamend- 
wealth, and to grant to the inhabitants thereof such powers, XLviiand" 
privileges, and immunities, not repugnant to the constitu- initiative, ii? 
tion, as the general court shall deem necessary or expedient referend^um,^^^ 
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 govern- Proviso. 
ment shall be erected or constituted in any town not con- ^^' 
taining 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, pur- 
suant to a vote at a meeting duly warned and holden for 
that purpose. And provided, 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 age Qualifications 
and upwards, excepting paupers and persons under guardian- gove^'no?,^""^ 
ship, who shall have resided within the commonwealth one governor*' 
year, and within the town or district in which he may claim senators and 

" . , '11 !• representa- 

a right to vote, six calendar months next preceding any tives. 
election of governor, lieutenant-governor, senators, or repre- ments. Arts. 
sentatives, [and who shall have paid, by himself, or his xxxii, xl 
parent, master, or guardian, any state or county tax, which f^pi^k^lag, 
shall, within two years next preceding such election, have Ifp-^^y. 341 
been assessed upon him, in any town or district of this com- l^^^fss,^^^!, 

11 11 • • 1 1 11 1 11 S Met. 162, 298, 

monwealth; and also every citizen who shall be, by law, 591,594. 

. .7 Gray 299 

exempted from taxation, and who shall be, in all other 122 Mass. 595, 
respects, qualified as above mentioned,] shall have a right to 124'Mass. 596. 
vote in such election of governor, lieutenant-governor, sen- For educational 

. » , ® 1 11 1 qualification, 

ators, and representatives; and no other person shall be seeamend- 
entitled to vote in such election. xx. 

For provision as to those who have served in the army or navy in time of wnr, see 
amendments. Arts. XXVIII and XXXI. See also amendments. Art. XXIII, which waa 
annulled by amendments, Art. XXVI. 

For absentee voting, see amendments. Art. XLV. 

Art. rV. Notaries public shall be appointed by the gov- Notaries pub- 
ernor in the same manner as judicial officers are appointed, appointed 

and removed. 



36 



CONSTITUTION OF THE 



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. 



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. 

For appointment of women as notaries public, see amendments, Art. LVII. 

[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 com- 
petent and suitable person to such vacant office, who shall 
hold the same until a successor shall be appointed by the 
general court. 1 

[Whenever the exigencies of the commonwealth shall re- 
quire the appointment of a commissary-general, he shall be 
nominated, appointed, and commissioned, in such manner 
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 legislature 
may, by law, prescribe.] 

Last two paragraphs of Art. IV annulled and superseded by amendments. Art. LIII. 

Who may vote Art. V. [In the elcctious of captains and subalterns of 
subalterns. the militia, all the members of their respective companies, 

as well those under as those above the age of twenty-one 

years, shall have a right to vote.] 

This article annulled and superseded by amendments, Art. LIII. 

Art. VI. Instead of the oath of allegiance prescribed by 
the constitution, the following oath shall be taken and sub- 
scribed by every person chosen or appointed to any office, 
civil or military, under the government of this common- 
wealth, 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 Massachusetts, and 
will support the constitution thereof. So help me, God." 

Provided, That when any person shall be of the denomina- 
tion called Quakers, and shall decline taking said oath, he 
shall make his affirmation in the foregoing form, omitting 
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. VII. No oath, declaration, or subscription, except- 
ing the oath prescribed in the preceding article, and the 
oath of office, shall be required of the governor, lieutenant- 



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



Proviso. 

Quakers may 
affirm. 



Teets tibol- 
ished. 



COMMONWEALTH OF MASSACHUSETTS. 37 

governor, councillors, senators, or representatives, to qualify 
them to perform the duties of their respective offices. 

Art. VIII. No judge of any court of this commonwealth, incompatibility 
(except the court of sessions,) and no person holding any 122 Mass! 445, 
office under the authority of the United States, (postmasters 123'Mass. 525. 
excepted,) shall, at the same time, hold the office of gov- 
ernor, lieutenant-governor, or councillor, or have a seat in 
the senate or house of representatives of this commonwealth ; 
and no judge of any court in this comm^onwealth, (except 
the court of sessions,) nor the attorney-general, solicitor- 
general, county attorney, clerk of any court, sheriff, treas- 
urer and receiver-general, register 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 govern- 
ment of this commonwealth, the office of justice of the peace 
and militia offices excepted. 

Art. IX. [If, at any time hereafter, any specific and par- Amendments to 

,•1 1 , 1 J. u. j.1^ j-'j. J.* 1 constitution, 

ticular amendment or amendments to the constitution be how made. 
proposed in the general court, and agreed to by a majority Jnnuiied"by 
of the senators and two-thirds of the members of the house oenemVpJ^' 
of representatives present and voting thereon, such proposed visions, viii. 
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 qualified voters, voting thereon, at meetings 
legally warned and holden for that purpose, they shall be- 
come part of the constitution of this commonwealth.] 

Art. X. The political year shall begin on the first Commence- 
Wednesday of January, instead of the last Wednesday of cai year. 
iNIay; and the general court shall assemble every year on sion fo^r ^'^''^^ 
the said first Wednesday of January, and shall proceed, at an^nJ^iiy"^ 
that session, to make all the elections, and do all the other ^^nt^Arl" 
acts, which are by the constitution required to be made and lxiv, sect. 3. 



38 



CONSTITUTION OF THE 



Termination 
of political 
year. 



Governor, etc., 
to be elected 
biennially. 
See amend- 
ments, Art. 
LXIV, sect 1. 

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



Article, when 
to go into 
operation. 



Inconsistent 

provisions 

annulled. 



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 Januar}', without any proclamation or other act of the 
governor. But nothing herein contained shall prevent the 
general court from assembling at such other times as they 
shall judge necessary, or when called together by the gov- 
ernor. The governor, lieutenant-governor and councillors, 
shall also hold their respective offices for one year next fol- 
lowing 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 repre- 
sentatives, 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 representatives, such meetings 
shall be held on the fourth Monday of the same month of 
November.] 

All the other provisions of the constitution, respecting the 
elections and proceedings of the members of the general 
court, or of any other officers or persons whatever, that have 
reference to the last Wednesday of May, as the commence- 
ment 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 
October, next following the day when the same shall be duly 
ratified and adopted as an amendment of the constitution; 
and the governor, lieutenant-governor, councillors, senators, 
representatives, and all other state officers, who are annually 
chosen, and who shall be chosen for the current year, when 
the same shall go into operation, shall hold their respective 
offices until the first Wednesday of January then next follow- 
ing, and until others are chosen and qualified in their stead, 
and no longer; and the first election of the governor, lieuten- 
ant-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, inconsist- 
ent with the provisions herein contained, are hereby wholly 
annulled.] 



COMMONWEALTH OF MASSACHUSETTS. 39 

Art. XI. Instead of the third article of the bill of f^f^TnT 
rights, the following modification and amendment thereof sel^i^ec^^of 
Is substituted : — fj'f^*^- '^'^■ 

"As the public worship of God and instructions in piety, Seeamend- 
religion, and morality, promote the happiness and pros- XLvi'and ' 
perity of a people, and the security of a republican govern- initiative, ii! 
ment; therefore, the several religious societies of this com- ^l^ekTam.ni, 
monwealth, whether corporate or unincorporate, at any ^^''^- ^■ 
meeting legally warned and holden for that purpose, 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 reli- 
gious 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 thence- 
forth 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 denominations, demeaning them- 122 Mass. 40,41. 
selves peaceably, and as good citizens of the commonwealth, 
shall be equally under the protection of the law; and no 
subordination of any one sect or denomination to another 
shall ever be established by law." 

Art. XII. [In order to provide for a representation of ^le'^^dis^to'be' 
the citizens of this commonwealth, founded upon the prin- taken in iss; 
ciples of equality, a census of the ratable polls, in each city, thereafter. 
town, and district of the commonwealth, on the first day of was^sm-erseded 
May, shall be taken and returned into the secretary's office, m^ntTArt. 
in such manner as the legislature shall provide, within the ^as i'l^^^sul^r- 
month of May, in the year of our Lord one thousand eight seded by 

■, 1 1 ■• \ • 1 ' , amendments, 

hundred and thirty-seven, and m every tenth year there- Art. xxi. 
after, in the month of May, in manner aforesaid; and each Representa- 
town or city having three hundred ratable polls at the last a'^portioMd. 
preceding decennial census of polls, may elect one representa- 
tive, and for ever>^ four hundred and fifty ratable polls in 
addition to the first three hundred, one representative more. 

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



40 



CONSTITUTION OF THE 



Fractions, how 
represented. 



Towns may 
unite into repre- 
sentative dis- 
tricts. 



The governor 
and council to 
determine the 
number of rep- 
resentatives to 
which each 
town is en- 
titled. 



New appor- 
tionment to be 
made once in 
every ten 
years. 



Inconsistent 

provisions 

annulled. 



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 representative 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 may, 
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 representative district 
to continue until the next decennial census of polls, for the 
election of a representative, or representatives; 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 
Lord one thousand eight hundred and thirty-seven, accord- 
ing to the foregoing principles, the number of representatives, 
which each city, town, and representative district is entitled 
to elect, and the number of years, within the period of ten 
years then next ensuing, that each city, town, and repre- 
sentative 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 years, thereafter, by the 
governor and council, and the number of ratable polls in 
each decennial census of polls, shall determine the number of 
representatives, which each city, town and representative 
district may elect as aforesaid; and when the number of 
representatives to be elected by each city, town, or repre- 
sentative 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 inconsist- 
ent with the provisions herein contained, are hereby wholly 
annulled.] 



COMMONWEALTH OF :\IASSACHUSETTS. 41 

Art. XIII. [A census of the inhabitants of each city and haStlto'be 
town, on the first day of Mav, shall be taken, and returned ^^^^e^ '^^ i84o, 

1 rr' " ^ p i i i p t **" decenni- 

into the secretary s ofnce, on or before the last day of June, aiiy thereafter, 
of the year one thousand eight hundred and forty, and of representation. 
every tenth year thereafter; which census shall determine tJcInsuss^ 
the apportionment of senators and representatives for the am'Indments. 
term of ten years. 122 Mass. 595. ^d x^'ii 

The several senatorial districts now existing shall be per- senatorial dis- 
manent. The senate shall consist of forty members; and in TCrmanenr^'^ 
the year one thousand eight hundred and forty, and every fj^sIS^OTs*^ 
tenth year thereafter, the governor and council shall assign superseded by 

, p , , . , ,. . 1 ameudments, 

the number of senators to be chosen m each district, accord- ^^- xxii. 
ing 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 reprc- 

, • J • ,1 r 11 • T^ J. 'j. sentatives, how 

apportioned m the loUowmg manner: Every town or city apportioned. 
containing twelve hundred inhabitants may elect one repre- ^'^r'i^entftwe^" 
sentative; and two thousand four hundred inhabitants shall l^enaments^ 
be the mean increasing number, which shall entitle it to an ^rt. xxi. 
additional representative. 

Every town containing less than twelve hundred inhab- Smaii towns, 
itants shall be entitled to elect a representative as many se°nte^d.^'^^' 
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 commonwealth 
shall be settled. 

Any tw^o or more of the several towns mav, by consent of Towns may 

'. . p , , •, 1^ i' • • umte into 

a majority 01 the legal voters present at a legal meeting, m representative 

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 representative district, to continue 

for the term of ten years; and such district shall have all the 

rights, in regard to representation, which would belong to a 

town containing the same number of inhabitants. 

The number of inhabitants which shall entitle a town to Basis of 
elect one representative, and the mean increasing number an'dm't^o^or"' 
which shall entitle a town or city to elect more than one, i^'"'®^^^- 
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 numbers above 
mentioned, whenever the population of the commonwealth 



42 



CONSTITUTION OF THE 



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. 



Freehold as a 
qualification for 
a seat in gen- 
eral court or 
council not 
required. 
Elections by 
the people to 
be by plurality 
of votes. 



Time of annual 
election of gov- 
ernor and legis- 
lature. 

For change to 
biennial elec- 
tions, see 
amendments. 
Art. LXIV, 
sects. 1-4. 



Eight council- 
lors to be 
chosen by the 
people. 
122 Mass. 595, 
598. 

For change to 
biennial elec- 
tions, see 
amendments, 
Art. LXIV, 
sects. 1-4. 
For compulsory 
voting, see 



shall have increased to seven hundred and seventy thousand, 
and for every additional increase of seventy thousand in- 
habitants, 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 repre- 
sentative, which is not entitled to elect one every year; and 
the governor shall cause the same to be published 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 vacancies that 
may happen in the council, by death, resignation, or other- 
wise. No person shall be elected a councillor, who 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 an}^ other estate, shall be 
required as a qualification for holding a seat in either branch 
of the general court, or in the executive council. 

Art. XIV. In all elections of civil officers by the people 
of this commonwealth, whose election is provided for by the 
constitution, the person having the highest number of votes 
shall be deemed and declared to be elected. 

Art. XV. The meeting for the choice of governor, 
lieutenant-governor, senators, and representatives, shall be 
held on the Tuesday next after the first JNIonday in Novem- 
ber, annually; but in case of a failure to elect representatives 
on that day, a second meeting shall be holden, for that pur- 
pose, on the fourth INIonday of the same month of November. 

For compulsory voting, see amendments, Art. LXI. 

Art. XVI. Eight councillors shall be [annually] chosen by 
the inhabitants of this commonwealth, qualified to vote for 
governor. The election of councillors shall be determined 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 session after the next 
state census shall have been taken, and at its first session 
after each decennial state census thereafterwards, shall 



COMMONWEALTH OF IMASSACHUSETTS. 43 

divide the commonwealth into eight districts of contiguous amendments, 
territory, each containing a number of inhabitants as nearly Legislature to 
equal as practicable, without dividing any town or ward of district state. 
a city, and each entitled to elect one councillor: provided, Proviso. 
however, that if, at any time, the Constitution shall provide 
for the division of the commonwealth 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 legislature. No person shall be eligible Eligibility 
to the office of councillor who has not been an inhabitant of ^ ^^ • 
the commonwealth for the term of five years immediately 
preceding his election. The day and manner of the election, Day and man- 
the return of the votes, and the declaration of the said elec- efc.° ®®'^*'°°' 
tions, shall be the same as are required m the election of 
governor. [Whenever there shall be a failure to elect the Vacancies, how 
full number of councillors, the vacancies shall be filled in the For new pro- 
same manner as is required for filling vacancies in the senate ; vacancii! see 
and vacancies occasioned by death, removal from the state, Art^'xxv**^' 
or otherwise, shall be filled in like manner, as soon as may 
be, after such vacancies shall have happened.] And that Organization of 
there may be no delay in the organization of the government mint. ^^'^°' 
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 councillors; 
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 Jan- 
uary, 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 legislature shall proceed to fill such 
vacancies in the manner provided in the constitution for the 
choice of such officers. 

Art. XVII. The secretary, treasurer and receiver-gen- Election of 
eral, auditor, and attorney-general, shall be chosen [annually,] treasurer,' 
on the day in November prescribed for the choice of gov- attorney-^gen- 
ernor; and each person then chosen as such, duly qualified ^^^^ ^J ^^^ 
in other respects, shall hold his office for the term of [one For election 
year] from the third W'ednesday in January next thereafter, see amend- 
and until another is chosen and qualified in his stead. The LXivi sect, i. 



44 



CONSTITUTION OF THE 



For compulsory 
voting, see 
amendments, 
Art. LXI. 



Vacancies, 
how filled. 



To qualify- 
within ten 
days, other- 
wise office to be 
deemed 
vacant. 



Qualification 
requisite. 



School moneys 
not to be ap- 
plied for secta- 
rian schools. 
For original 
provision as to 
schools, see 
constitution. 
Part First, 
Art. III. 
12Allen,500,508. 
103 Mass. 94, 96. 
Ihis article was 
superseded by 
amendments, 
Art. XLVI. 
Legislature to 
prescribe for 
the election of 
sherifTs, regis- 
ters of probate, 
etc. 

See amend- 
ments. 

Art. XXXVI. 
8 Gray, 1. 
13 Gray, 74. 



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 num- 
ber of votes for said offices on the day in November afore- 
said, 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 vacant, from any cause, during an annual or special 
session of the general court, such vacancy shall in like man- 
ner be filled by choice from the people at large; but if such 
vacancy shall occur at any other time, it shall be supplied 
by the governor by appointment, with the advice and con- 
sent of the council. The person so chosen or appointed, duly 
qualified in other respects, shall hold his office until his suc- 
cessor is chosen and duly qualified in his stead. In case any 
person chosen or appointed to either of the offices aforesaid, 
shall neglect, for the space of ten days after he could other- 
wise enter upon his duties, to qualify himself in all respects 
to enter upon the discharge of such duties, the office to which 
he has been elected or appointed shall be deemed vacant. 
No person shall be eligible to either of said offices unless he 
shall have been an inhabitant of this commonwealth five 
years next preceding his election or appointment. 

Art. XVIII. [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 state for the support of 
common schools, shall be apphed to, and expended in, no 
other schools than those which are conducted according to 
law, under the order and superintendence of the authorities 
of the town or city in which the money is to be ex-pended; 
and such moneys shall never be appropriated to any religious 
sect for the maintenance, exclusively, of its own school.) 

Art. XIX. The legislature shall prescribe, by general 
law, for the election of sheriffs, registers of probate, [com- 
missioners of insolvency,] and clerks of the courts, by the 
people of the several counties, and that district-attorneys 
shall be chosen by the people of the several districts, for such 
term of office as the legislature shall prescribe. 

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



COMMONWEALTH OF MASSACHUSETTS. 45 

Art. XX. No person shall have the right to vote, or be Reading consti- 
eligible to oflBce under the constitution of this common- English and 
wealth, who shall not be able to read the constitution in the ^?y qualified- 
English language, and write his name: provided, hoivever, provisi/"*^''"' 
that the provisions of this amendment shall not apply to Icati'onrs'^r'' 
any person prevented by a physical disability from comply- amendments, 
ing with its requisitions, nor to any person who now has the See 'aiso'amend- 
right to vote, nor to any persons who shall be sixty years of xxiii, which 
age or upwards at the time this amendment shall take effect, by^memi-'^'^ 

For absentee voting, see amendments. Art. XLV. 5???Tfx' 

XXVI. 

Art. XXI. A census of the legal voters of each city and Census ofiegai 
town, on the first day of May, shall be taken and returned inhabitants. 
into the office of the secretary of the commonwealth, on or ^c!^" '^ ^"' 
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 enumeration 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 deter- 
mine the apportionment of representatives for the periods 
between the taking of the census. 

The house of representatives shall consist of two hundred House of repre- 

ii'iiiii • 11 11' sentatives to 

and forty members, which shall be apportioned by the legis- consist of 240 
lature, at its first session after the return of each enumera- Legisiatui-e to 

, • p • 1 j_ j_i 1 j_' i> j_i apportion, etc. 

tion as aioresaid, to the several counties or the common- 10 Gray, 613. 
wealth, 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 purpose, as well as 
in the formation of districts, as hereinafter provided, be 
considered a part of the county of Plymouth ; and it shall be Secretary shall 
the duty of the secretary of the commonwealth, to certify, cers' authorized 
as soon as may be after it is determined by the legislature, Mil^ti*^!' 
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 Sufi'olk, 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 



46 



CONSTITUTION OF THE 



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



Qualifications 
of representa- 
tives. 

122 Mass. 595, 
598. 



Districts to be 
numbered, 
described and 
certified. 



Quorum. 
See amend- 
ments. Art. 
XXXIII. 



Census, etc. 
See P. S. c. 31. 



Voters to be 
basis of appor- 
tionment of 
senators. 



Senate to con- 
sist of forty 
members. 



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 dis- 
tricts of contiguous territory, so as to apportion the repre- 
sentation 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 en- 
titled to elect more than three representatives. Every rep- 
resentative, for one year at least next preceding his election, 
shall have been an inliabitant of the district for which he is 
chosen, and shall cease to represent such district when he 
shall cease to be an inhabitant of the commonwealth. The 
districts in each county shall be numbered by the board 
creating the same, and a description of each, with the num- 
bers thereof and the number of legal voters therein, shall be 
returned by the board, to the secretary of the common- 
wealth, 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 ascertain- 
ing their election, shall be prescribed by law. [Not less 
than one hundred members of the house of representatives 
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. XXII. A census of the legal voters of each city and 
town, on the first day of INIay, shall be taken and returned 
into the office of the secretary of the commonwealth, 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 enumeration 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 deter- 
mine the apportionment of senators for the periods between 
the taking of the census. The senate shall consist of forty 
members. The general court shall, at its first session after 
each next preceding special enumeration, divide the com- 
monwealth into forty districts of adjacent territory, each 



COMMONWEALTH OF MASSACHUSETTS. 47 

district to contain, as nearly as may be, an equal number of afslricts'^ltc. 
legal voters, according to the enumeration aforesaid : pro- See amend- 
vided, however, that no town or ward of a city shall be xxiv. 
divided therefor; and such districts shall be formed, as 
nearly as may be, without uniting two counties, or parts 
of two or more counties, into one district. Each district ^f"'^^'^^'''^ 
shall elect one senator, who shall have been an inhabitant 
of this commonwealth five years at least immediately pre- 
ceding his election, and at the time of his election shall be 
an inhabitant of the district for which he is chosen; and 
he shall cease to represent such senatorial district when he 
shall cease to be an inhabitant of the commonwealth. [Not Quorum, 
less than sixteen senators shall constitute a quorum for do- me^nt™X-t" 
ing 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 entitled Residence of 

"■ ^, " , 1111 two years re- 

to vote, or shall be eligible to office, unless he shall have quired of natu- 

r3-]izGcl citizens 

resided within the jurisdiction of the United States for two to entitle to 
years subsequent to his naturalization, and shall be other- make eligible 
wise qualified, according to the constitution and laws of TMsLTticie 
this commonwealth : provided, that this amendment shall not A^t.^xxvL 
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 fcS.'" 
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 Vacancies in 
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 hap- 
pen 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 J^Hcie of''*^ 
amendment of the constitution of this commonwealth, which ^JJJ'n^eJif'^** 
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 



4S 



CONSTITUTION OF THE 



Provisions of 
Art. II, Chap. 
VI, relating to 
officers of Har- 
vard College, 
annulled. 

Superseded by 
Art. XXXI. 



Voting pre- 
cincts in towns. 
For absentee 
voting pro'i'i- 
sion, see 
amendments, 
Art. XLV. 



Voters not dis- 
qualified by 
reason of 
change of resi- 
dence until six 
months from 
time of removal. 
For absentee 
voting pro\-i- 
sion, see 
amendments, 
Art. XLV. 

Amendments, 
Art. XXVIII, 
amended. 



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



otherwise qualified, according to the constitution and laws 
of this commonwealth: provided, that this amendment shall 
not affect the rights which any person of foreign birth pos- 
sessed 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," is hereby wholly annulled. 

Art. XXVII. So much of article two of chapter six of 
the constitution of this commonwealth as relates to persons 
holding the office of president, professor, or instructor of 
Harvard College, is hereby annulled. 

Art. XXVIII. No person having served in the army or 
navy of the United States in time of war, and having been 
honorably discharged from such service, if otherwise quali- 
fied 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 
and authority to provide for the inhabitants of the towns in 
this commonwealth more than one place of public meeting 
within the limits of each town for the election of officers 
under the constitution, and to prescribe the manner of calling, 
holding and conducting such meetings. All the provisions 
'of the existing constitution inconsistent with the provisions 
herein contained are hereby annulled. 

Art. XXX. No person, otherwise qualified to vote in 
elections for governor, lieutenant-governor, senators, and 
representatives, shall, by reason of a change of residence 
w^ithin the commonwealth, be disqualified from voting for 
said officers in the city or town from which he has removed 
his residence, until the expiration of six calendar months 
from the time of such removal. 

Art. XXXI. Article twenty-eight of the amendments of 
the constitution is hereby amended by striking out in the 
fourth line thereof the words " being a pauper ", and inserting 
in place thereof the w^ords : — receiving or ha^'ing received 
aid from any city or town, — and also by striking out in said 
fourth fine the words " if a pauper ", so that the article as 
amended shall read as follows: Article XXVHI. No per- 
son having served in the army 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 disquali- 
fied therefor on account of receiving or having received aid 
from any city or town, or because of the non-payment of a 
poll tax. 



COMMONWEALTH OF MASSACHUSETTS. 49 

Art. XXXII. So much of article three of the amend- Provisions of 

. . „ , II' amendments, 

merits or the constitution or the commonwealth as is con- Art. in, reia- 
tained in the following words: " and who shall have paid, mint ofa^t'ax 
by himself, or his parent, master, or guardian, any state or ^uaiiTcation, 
county tax, which shall, within two years next preceding ^nn^i'ed. 
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 ", is 
hereby annulled. 

Art. XXXIII. A majority of tlie members of each branch Quorum, in 
of the general court shall constitute a quorum for the trans- the general 

.. (■!• ij.1 v_ !• e 1 court, to con- 

action or business, but a less number may adjourn from day sist of a 
to day, and compel the attendance of absent members. All membws.°^ 
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 ^n'i\°fi°^ 
chapter two of part the second of the constitution of the Chap ii. Part 

11- •I'li'ii* II, relative to 

commonwealth as is contained in the loUowing words: property quaii- 
" and unless he shall at the same time be seised, in his governor. 
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 Ar^f^fi^^ 
chapter one of the constitution of the commonwealth as is Chap. i, reia- 

• 1 • 1 i> 11 • 1 (( mi c 11' tive to expense 

contained m the loUowing words: ihe expenses or travelling of travelling to 
to the general assembly, and returning home, once in every assembly by 

1 illl_ •jLxi J.X niembers of the 

session, and no more, shall be paid by the government, out house, annuUed. 
of the public treasury, to every member who shall attend as 
seasonably as he can, in the judgment of the house, and does 
not depart without leave ", is hereby annulled. 

Art. XXXVI. So much of article nineteen of the articles Amendments, 
of amendment to the constitution of the commonwealth as is amended." 
contained in the following words: "commissioners of in- 
solvency ", is hereby annulled. 

Art. XXXVII. The governor, with the consent of the Removal of 

., • ,' i> J^ 1 J • IT certain officers. 

council, may remove justices or the peace and notaries public. 

Art. XXXVIII. Voting machines or other mechanical machmesmay 
devices for voting may be used at all elections under such eiecUons^* 
regulations as may be prescribed by law: provided, however, voting,"^^''"'^^ 
that the right of secret voting shall be preserved. Art^°Lxf°*^' 

Art. XXXIX. Article ten of part one of the constitu- powers of the 
tion is hereby amended by adding to it the following [oMve"tothe 
words: — The legislature may by special acts for the purpose ^^^^^r^*^ '''"'^' 
of lading out, widening or relocating highways or streets, ^'^'|^g^'|"n^ °'' 
authorize the taking in fee by the commonwealth, or by a highways, etc. 



50 



CONSTITUTION OF THE 



Proviso. 



Amendments, 
Art. Ill, 
amended. 



Taxation of 
wild or forest 
lands. 



Referendum. 
This article 
annulled and 
superseded by 
amendments, 
Art. XLVlll, 
General Pro- 
visions, VIII. 



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



Powers of the 
general court 
relative to 
imnosing and 
levying a tax 
on incomr; 
exemptions, 
etc. 



county, city or town, of more land and property than are 
needed for the actual construction of such highway or street: 
provided, however, that the land and property authorized to 
be taken are specified in the act and are no more in extent 
than Avould be sufficient for suitable building lots on both 
sides of such highway or street, and after so much of the 
land or property has been appropriated for such highway or 
street as is needed therefor, may authorize the sale of the 
remainder for value with or without suitable restrictions. 

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

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

Art. XLII. [Full power and authority are hereby 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 reference, shall become law 
if approved by a majority of the voters voting thereon, and 
shall take effect at the expiration of thirty days after the 
election at which it was approved or at such time-after the 
expiration of the said thirty days as may be fixed in such act, 
resolve or part thereof.] 

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

Credit of the commonwealth restricted by amendments. Art. LXII, sect. 1. 

Art. XLIV. Full power and authority are hereby given 
and granted to the general court to impose and levy a tax 
on income in the manner hereinafter provided. Such tax 
may be at different rates upon income derived from different 
classes of property, but shall be levied at a miiform rate 



COMMONWEALTH OF IMASSACHI 'SETTS. 51 

throughout the commonwealth upon incomes derived from 
the same class of property. The general court may tax in- 
come not derived from property at a lower rate than income 
derived from property, and may grant reasonable exemptions 
and abatements. Any class of property the income from 
which is taxed under the provisions of this article may be 
exempted from the imposition and levying of proportional 
and reasonable assessments, rates and taxes as at present 
authorized by the constitution. This article shall not be 
construed to limit the power of the general court to impose 
and levy reasonable duties and excises. 

Art. XLV. The general court shall have power to pro- Powers of the 
vide by law for voting by qualified voters of the common- to"providTby 
wealth who, at the time of an election, are absent from the stntee\o'tin<r 
city or town of wliich thev are inhabitants in the choice of For compulsory 

fYt 111' • 1 • 1 voting, see 

any oincer to be elected or upon any question submitted at amendments, 

1 1 • Art. ij-\i, 

such election. 

Art. XLVI. (In place of article XVIII of the articles No law to pro- 
of amendment of the constitution ratified and adopted ciW of religion. 
April 9, 1821, the following article of amendment, sub- mtnt''shan''not 
mitted by the constitutional convention, was ratified and oFanlnit^tTve 
adopted November 6, 1917.) Article XVIII. Section 1. amendment. 

-\^ 1 1 11 1 1 1 M • • 1 !• • i> See amend- 

N o law shall be passed prohibiting the tree exercise or ments, Art. 

!• . XLVIII, The 

religion. initiative, II, 

Section 2. All moneys raised by taxation in the towns Pubifc money 
and cities for the support of public schools, and all monevs not to be ex- 

I'l 1 'j^iij^i IIP i" pended to aid 

which may be appropriated by the commonwealth tor the educational, 
support of common schools shall be applied to, and ex- reHgiousor 
pended in, no other schools than those which are conducted "kins nof'**^" 
according to law, under the order and superintendence of public o"wner- 
the authorities of the town or city in which the monev is ^'"p ^'}'^ , 

•^ . . • , control, etc. 

expended ; and no grant, appropriation or use of public c^dit of the 
money or property or loan of public credit shall be made or wealth 
authorized by the commonwealth or any political division Imlndments, 
thereof for the purpose of founding, maintaining or aiding ^t. h^"' 
any school or institution of learning, whether under public 
control or otherwise, wherein any denominational doctrine 
is inculcated, or any other school, or any college, mfirmary, 
hospital, institution, or educational, charitable or religious 
undertaking which is not publicly owned and under the ex- 
clusive control, order and superintendence of public officers 
or public agents authorized by the commonwealth or federal 
authority or both, except that appropriations may be made Exceptions, 
for the maintenance and support of the Soldiers' Home in 



52 



CONSTITUTION OF THE 



Care or sup- 
port in private 
hospitals, etc., 
of persons 
who are public 
charges. 



Inmates of 
certain public 
institutions 
not to be de- 
prived of reli- 
gious exercises 
of their own 
faith ; nor com- 
pelled to 
attend religious 
services, etc., 
against their 
will, etc. 
Time of 
taking effect . 



General court 
to determine 
manner of dis- 
tribution of 
food, etc., 
during time of 
war, etc., by 
the common- 
wealth, cities 
and towns. 



Initiative and 

referendum, 

definition. 



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 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 
to prevent the commonwealth, or any political division 
thereof, from paying to privately controlled hospitals, 
infirmaries, or institutions for the deaf, dumb or blind not 
more than the ordinary and reasonable compensation for 
care or support actually rendered or furnished by such hospi- 
tals, infirmaries or institutions to such persons as may be in 
vv^hole or in part unable to support or care for themselves. 

Section 4. Nothing herein contained shall be construed 
to deprive any inmate of a publicly controlled reformatory, 
penal or charitable institution of the opportunity of religious 
exercises therein of his own faith; but no inmate of such 
institution shall be compelled to attend religious services or 
receive religious instruction against his will, or, if a minor, 
without the consent of his parent or guardian. 

Section 5. This amendment shall not take effect until 
the October first next succeeding its ratification and adop- 
tion by the people. 

Art. XLVII. The maintenance and distribution at rea- 
sonable rates, during time of war, public exigency, emer- 
gency or distress, of a sufficient supply of food and other 
common necessaries of life and the providing of shelter, are 
public functions, and the commonwealth and the cities and 
towns therein may take and may provide the same for 
their inhabitants in such manner as the general court shall 
determine. 

Art. XLVIII. 

7. Definition. 

Legislative power shall continue to be vested in the general 
court; but the people reserve to themselves the popular 
initiative, which is the power of a specified number of voters 
to submit constitutional amendments and laws to the people 
for approval or rejection; and the popular referendum, 
which is the power of a specified number of voters to submit 
law^s, enacted by the general court, to the people for their 
ratification or rejection. 



COMMONWEALTH OF MASSACHUSETTS. 53 

The Initiative. 
//. Initiative Petitions. 

Section 1. Contents. — An initiative petition shall set co^".^ent|of 
forth the full text of the constitutional amendment or law, petition. 
hereinafter designated as the measure, which is proposed by 
the petition. 

Section 2. Excluded Matters. — No measure that relates certain mat- 
to religion, religious practices or religious institutions; or to be proposed 
the appointment, qualification, tenure, removal, recall or petition?*'^*' 
compensation of judges; or to the reversal of a judicial 
decision; or to the powers, creation or abolition of courts; 
or the operation of which is restricted to a particular town, 
city or other political division or to particular districts or 
localities of the commonwealth; or that makes a specific 
appropriation of money from the treasury of the common- 
wealth, shall be proposed by an initiative petition; but if a obligation 
law approved by the people is not repealed, the general coi^'t.^when''a 
court shall raise by taxation or otherwise and shall appro- by the^p^™ie^^ 
priate such money as may be necessary to carry such law 
into effect. 

Neither the eighteenth amendment of the constitution, as Anti-aid 
approved and ratified to take effect on the first day of so-caiied (Art. 
October in the year nineteen hundred and eighteen, nor this to^b^\ubj°ect 
provision for its protection, shall be the subject of an initia- amendment. 
tive amendment. 

No proposition inconsistent with any one of the following certain indi- 
rights of the individual, as at present declared in the dec- not'to b? 
laration of rights, shall be the subject of an initiative or fnai^iVe^or 
referendum petition: The right to receive compensation ^^tYtion."''" 
for private property appropriated to public use; the right 
of access to and protection in courts of justice; the right 
of trial by jury; protection from unreasonable search, un- 
reasonable bail and the law martial; freedom of the press; 
freedom of speech; freedom of elections; and the right of 
peaceable assembly. 

No part of the constitution specifically excluding any F"'"'^^'"', 
matter from the operation of the popular initiative and matters. 
referendum shall be the subject of an initiative petition; 
nor shall this section be the subject of such a petition. 

The limitations on the legislative power of the general ^^-g^^jve 
court in the constitution shall extend to the legislative power limitations 
of the people as exercised hereimder. 



54 



CONSTITUTION OF THE 



Initiative peti- 
tion, mode of 
originating, etc. 



Secretary of 
the common- 
nealth to fur- 
nish blank 
forms, etc. 



Time of filing 

initiative 

petitions. 



Transmission 
of proposed 
measure to the 
general court. 



Section 3. Mode of Originating. — Such petition shall 
first be signed by ten qualified voters of the commonwealth 
and shall then be submitted to the attorney-general, and if 
he shall certify that the measure is in proper form for sub- 
mission to the people, and that it is not, either affirmatively 
or negatively, substantially the same as any measure which 
has been qualified for submission or submitted to the people 
within three years of the succeeding first AVednesday in 
December and that it contains only subjects not excluded 
from the popular initiative and which are related or which 
are mutually dependent, it may then be filed with the secre- 
tary of the commonwealth. The secretary of the common- 
wealth shall provide blanks for the use of subsequent sign- 
ers, and shall print at the top of each blank a description of 
the proposed measure as such description will appear on the 
ballot together with the names and residences of the first 
ten signers. All initiative petitions, with the first ten sig- 
natures attached, shall be filed with the secretary of the 
commonwealth not earlier than the first Wednesday of the 
September before the assembling of the general court into 
which they are to be introduced, and the remainder of the 
required signatures shall be filed not later than the first 
Wednesday of the following December. 

Section 4. ' Transmission to the General Court. — If an 
initiative petition, signed by the required number of qualified 
voters, has been filed as aforesaid, the secretary of the com- 
monwealth shall, upon the assembling of the general court, 
transmit it to the clerk of the house of representatives, and 
the proposed measure shall then be deemed to be introduced 
and pending. 



Reference to 
legislative 
committee and 
report thereon. 



Legislative 
substitute for 
initiative 
measure. 



III. Legislative Action. General Provisions. 

Section 1 . Reference to Committee. — If a measure is in- 
troduced into the general court by initiative petition, it shall 
be referred to a committee thereof, and the petitioners and 
all parties in interest shall be heard, and the measiu-e shall 
be considered and reported upon to the general court wath 
the com.mittee's recommendations, and the reasons therefor, 
in writing. Majority and minority reports shall be signed 
by the members of said committee. 

Section 2. Legislative Substitutes. — The general court 
may, by resolution passed by yea and nay vote, either by 
the two houses separately, or in the case of a constitutional 



COMMONWEALTH OF MASSACHUSETTS. 55 

amendment by a majority of those voting thereon in joint 
session in each of two years as hereinafter provided, submit 
to the people a substitute for any measure introduced by 
initiative petition, such substitute to be designated on the 
ballot as the legislative substitute for such an initiative 
measure and to be grouped with it as an alternative therefor. 

IV. Legislative Action on Proposed Constitutional Amend- 
ments. 

Section 1 . Definition. — A proposal for amendment to Definition of 
the constitution introduced into the general court by initia- amendment 
tive petition shall be designated an initiative amendment, gubstuuti'!*"'^ 
and an amendment introduced by a member of either house 
shall be designated a legislative substitute or a legislative 
amendment. 

Section 2. Joint Session. — If a proposal for a specific Joint session 
amendment of the constitution is introduced into the general amen'dment to 
court by initiative petition signed by not less than twenty- ti!fn?°°^*''^^" 
five thousand qualified voters, or if in case of a proposal for 
amendment introduced into the general court by a member 
of either house, consideration thereof in joint session is 
called for by vote of either house, such proposal shall, not 
later than the second Wednesday in June, be laid before a 
joint session of the two houses, at which the president of the 
senate shall preside; and if the two houses fail to agree when governor 
upon a time for holding any joint session hereby required, cr ^^^l' '^^^ i°'"^^ 
fail to continue the same from time to time until final action 
has been taken upon all amendments pending, the governor 
shall call such joint session or continuance thereof. 

Sections. Amendment of Proposed Amendments. — A Pi'oposed 

IP 1 , . . . , , amendment 

proposal lor an amendment to the constitution introduced totheconsti- 
by initiative petition shall be voted upon in the form in inwhich°t™be 
which it was introduced, unless such amendment is amended ^"^^'^ "^°"' 
by vote of three-fourths of the members voting thereon in 
joint session, which vote shall be taken by call of the yeas 
and nays if called for by any member. 

Section 4. Legislative Action. — Final legislative action Final legisia- 
in the joint session upon any amendment shall be taken only be taTei°by° 
by call of the yeas and nays, which shall be entered upon yeas and nays, 
the journals cf the tw^o houses; and an unfavorable vote at 
any stage preceding final action shall be verified by call of 
the yeas and nays, to be entered in like manner. At such Reference to 
jomt session a legislative amendment receiving the affirma- court^^^^"^^' 



56 



CONSTITUTION OF THE 



Submission of 
legislative 
amendment, 
etc., to the 
people. 



When 

amendment 
becomes part 
of the con- 
stitution. 



tive votes of a majority of all the members elected, or an 
initiative amendment recei\'ing the affirmative votes of not 
less than one-fourth of all the members elected, shall be 
referred to the next general court. 

Section 5. Submission to the People. — If in the next 
general court a legislative amendment shall again be agreed 
to in joint session by a majority of all the members elected, 
or if an initiative amendment or a legislative substitute shall 
again receive the affirmative votes of at least one-fourth of 
all the members elected, such fact shall be certified by the 
clerk of such joint session to the secretary of the common- 
wealth, who shall submit the amendment to the people at 
the next state election. Such amendment shall become part 
of the constitution if approved, in the case of a legislative 
amendment, by a majority of the voters voting thereon, or 
if approved, in the case of an initiative amendment or a 
legislative substitute, by voters equal in number to at least 
thirty per cent of the total number of ballots cast at such 
state election and also by a majority of the voters voting on 
such amendment. 



Legislative 
procedure on 
law proposed 
by initiative 
petition, etc. 



When measure 
becomes law 
and takee 
effect. 



V. Legislative Action on Proposed Laws. 

Section 1 . Legislative Procedure. — If an initiative peti- 
tion for a law is introduced into the general court, signed by 
not less than twenty thousand qualified voters, a vote shall 
be taken by yeas and nays in both houses before the first 
Wednesday of June upon the enactment of such law in the 
form in which it stands in such petition. If the general 
court fails to enact such law before the first Wednesday of 
June, and if such petition is completed by filing with the 
secretary of the commonwealth, not earlier than the first 
Wednesday of the following July nor later than the first 
Wednesday of the following August, not less than five thou- 
sand signatures of qualified voters, in addition to those sign- 
ing such initiative petition, which signatures must have 
been obtained after the first Wednesday of June aforesaid, 
then the secretary of the commonwealth shall submit such 
proposed law to the people at the next state election. If it 
shall be approved by voters equal in number to at least 
thirty per cent of the total number of ballots cast at such 
state election and also by a majority of the voters voting on 
such law, it shall become law, and shall take effect in thirty 



COMMONWEALTH OF MASSACHUSETTS. 57 

days after such state election or at such time after such elec- 
tion as may be provided in such law. 

Section 2. Amendment by Petitioners. — If the general of^ropSed* 
court fails to pass a proposed law before the first Wednesday [^w by peti- 
of June, a majority of the first ten signers of the initiative submission of 
petition therefor shall have the right, subject to certification the peopkby 
by the attorney-general, filed as hereinafter provided, to ofUifcom-^ 
amend the measure which is the subject of such petition. ™o°^eaith. 
An amendment so made shall not invalidate any signature 
attached to the petition. If the measure so amended, signed 
by a majority of the first ten signers, is filed with the secre- 
tary of the commonwealth before the first Wednesday of 
the following July, together with a certificate signed by the 
attorney-general to the effect that the amendment made by 
such proposers is in his opinion perfecting in its nature and 
does not materially change the substance of the measure, 
and if such petition is completed by filing with the secretary 
of the commonwealth, not earlier than the first Wednesday 
of the following July nor later than the first Wednesday of 
the following August, not less than five thousand signatures 
of qualified voters, in addition to those signing such initia- 
tive petition, which signatures must have been obtained after 
the first Wednesday of June aforesaid, then the secretary of 
the commonwealth shall submit the measure to the people 
in its amended form. 



VI. Conflicting and Alternative Measures. 

If in any judicial proceeding, provisions of constitutional and aiternltive 
amendments or of laws approved by the people at the same ™h^®u""l®',, 
election are held to be in confiict, then the provisions con- govern when 
tained in the measure that received the largest number of the^ people, etc. 
affirmative votes at such election shall govern. 

A constitutional amendment approved at any election shall 
govern any law approved at the same election. 

The general court, by resolution passed as hereinbefore General court 

, s> ,^ •IP •!,.,. to provide for 

set forth, may provide tor groupmg and designatmg upon grouping, etc, 

the ballot as conflicting measures or as alternative measures, baUot!^" 

only one of which is to be adopted, any two or more proposed 

constitutional amendments or laws which have been or may 

be passed or qualified for submission to the people at any 

one election : 'provided, that a proposed constitutional amend- Proviso. 

ment and a proposed law shall not be so grouped, and that the 



58 



CONSTITUTION OF THE 



Only measure 
receiving 
largest affirma- 
tive vote to be 
deemed 
approved. 



ballot shall afford an opportunity to the voter to vote for 
each of the measures or for only one of the measures, as ma^^ 
be provided in said resolution, or against each of the meas- 
ures so grouped as conflicting or as alternative. In case 
more than one of the measures so grouped shall receive the 
vote required for its approval as herein provided, only that 
one for which the largest affirmative vote was cast shall be 
deemed to be approved. 



When laws 
passed by 
general court 
take effect. 



Emergency 
law to contain 
preamble. 



Yea and nay 
vote thereon. 



Ho"v governor 
may cause 
certain laws 
to take effect 
forthwith. 



Exception. 



The Referendum. 
I. When Statutes shall take Effect. 

No law passed by the general court shall take effect earlier 
than ninety days after it has become a law, excepting laws 
declared to be emergency laws and laws which may not be 
made the subject of a referendum petition, as herein pro- 
vided. 

77. Emergency Measures. 

A law declared to be an emergency law shall contain a 
preamble setting forth the facts constituting the emergency, 
and shall contain the statement that such law is necessary 
for the immediate preservation of the public peace, health, 
safety or convenience. A separate vote shall be taken on 
the preamble by call of the yeas and nays, which shall be 
recorded, and unless the preamble is adopted by two-thirds 
of the members of each house voting thereon, the law shall 
not be an emergency law; but if the governor, at any time 
before the election at which it is to be submitted to the 
people on referendum, files with the secretary of the com- 
monwealth a statement declaring that in his opinion the 
immediate preservation of the public peace, health, safety or 
convenience requires that such law should take effect forth- 
with and that it is an emergency law and setting forth the 
facts constituting the emergency, then such law, if not pre- 
viously suspended as hereinafter provided, shall take effect 
without suspension, or if such law has been so suspended 
such suspension shall thereupon terminate and such law shall 
thereupon take effect: but no grant of any franchise or 
amendment thereof, or renewal or extension thereof for more 
than one year shall be declared to be an emergency law. 



COMMONWEALTH OF MASSACHUSETTS. 59 



III. Referendum Petitions. 
Section 1. Contents. — A referendum petition may ask Contents of 

1 111 referendum 

for a reterendum to the people upon any law enacted by the petition. 
general court which is not herein expressly excluded. 

Section 2. Excluded Matters. — No law that relates to certain mat- 
religion, religious practices or religious institutions; or to the be the subject 

• , , i-n X* J. 1 L' of a referendum 

appointment, qualincation, tenure, removal or compensation petition, 
of judges; or to the powers, creation or abolition of courts; 
or the operation of which is restricted to a particular town, 
city or other political division or to particular districts or 
localities of the commonwealth ; or that appropriates money 
for the current or ordinary expenses of the commonwealth 
or for any of its departments, boards, commissions or insti- 
tutions shall be the subject of a referendum petition. 

Section 3. Mode of Petitioning for the Suspension of a Mode of 
Law and a Referendum thereon. —A petition asking for a foVthe'suf- 
referendum on a law, and requesting that the operation of fa'^y^da^* 
such law be suspended, shall first be signed by ten qualified [hw^n'^'™^ 
voters and shall then be filed with the secretary of the com- 
monwealth not later than thirty days after the law that is 
the subject of the petition has become law. The secretary Duties of the 
of the commonwealth shall provide blanks for the use of tWommon- 
subsequent signers, and shall print at the top of each blank ^^^*^'^' ^^'^•. 
a description of the proposed law as such description will 
appear on the ballot together wuth the names and residences 
of the first ten signers. If such petition is completed by 
filing with the secretary of the commonwealth not later than 
ninety days after the law which is the subject of the petition 
has become law the signatures of not less than fifteen thou- 
sand qualified voters of the commonwealth, then the opera- 
tion of such law shall be suspended, and the secretary of 
the commonwealth shall submit such law to the people at 
the next state election, if thirty days intervene between the 
date when such petition is filed with the secretary of the 
commonwealth and the date for holding such state election; 
if thirty days do not so intervene, then such law shall be 
submitted to the people at the next following state election, 
unless in the meantime it shall have been repealed; and if votes neces- 
it shall be approved by a majority of the qualified voters approval, etc.* 
voting thereon, such law shall, subject to the provisions of 
the constitution, take effect in thirty days after such election, 
or at such time after such election as may be provided in 



60 



CONSTITUTION OF THE 



Petitions for 
refprendum on 
an emergency 
law or a law 
the suspension 
of which is not 
asked for. 



Duties of the 
secretary of 
the common- 
wealth, etc. 



Votes neces- 
sary for 
approval, etc. 



such law; if not so approved such law shall be null and void; 
but no such law shall be held to be disapproved if the nega- 
tive vote is less than thirty per cent of the total number of 
ballots cast at such state election. 

Section 4. Petitions for Referendum cni an Emergency 
Law or a Law the Suspension of which is not asked for. — A 
referendum petition may ask for the repeal of an emergency 
law or of a law which takes effect because the referendum 
petition does not contain a request for suspension, as afore- 
said. Such petition shall first be signed by ten qualified 
voters of the commonwealth, and shall then be filed with 
the secretary of the commonwealth not later than thirty 
days after the law which is the subject of the petition has 
become law. The secretary of the commonwealth shall pro- 
vide blanks for the use of subsequent signers, and shall print 
at the top of each blank a description of the proposed law as 
such description will appear on the ballot together with the 
names and residences of the first ten signers. If such peti- 
tion filed as aforesaid is completed by filing with the secre- 
tary of the commonwealth not later than ninety days after 
the law which is the subject of the petition has become law 
the signatures of not less than ten thousand qualified voters 
of the commonwealth protesting against such law and asking 
for a referendum thereon, then the secretary of the common- 
wealth shall submit such law to the people at the next state 
election, if thirty days intervene between the date when 
such petition is filed with the secretary of the commonwealth 
and the date for holding such state election. If thirty days 
do not so intervene, then it shall be submitted to the people 
at the next following state election, unless in the meantime 
it shall have been repealed; and if it shall not be approved 
by a majority of the qualified voters voting thereon, it shall, 
at the expiration of thirty days after such election, be thereby 
repealed; but no such law shall be held to be disapproved if 
the negative vote is less than thirty per cent of the total 
number of ballots cast at such state election. 



rdentification 
and certifica- 
tion of signa- 
tures to peti- 
tions, etc. 



General Provisions. 
7. Identification and Certification of Signatures. 

Provision shall be made by law for the proper identifica- 
tion and certification of signatures to the petitions herein- 
before referred to, and for penalties for signing any such 
petition, or refusing to sign it, for money or other valuable 



COMMONWEALTH OF MASSACHUSETTS. 61 

consideration, and for the forgery of signatures thereto. 
Pending the passage of such legislation all provisions of law 
relating to the identification and certification of signatures 
to petitions for the nomination of candidates for state offices 
or to penalties for the forgery of such signatures shall apply 
to the signatures to the petitions herein referred to. The Law to regu- 
general court may provide by law that no co-partnership c!rcu?ated°fw 
or corporation shall undertake for hire or reward to circulate ^"^^ °'^ reward, 
petitions, may require individuals who circulate petitions 
for hire or reward to be licensed, and may make other reason- 
able regulations to prevent abuses arising from the circula- 
tion of petitions for hire or reward. 

II. Limitation on Signatures. 

Not more than one-fourth of the certified signatures on Limitation on 
any petition shall be those of registered voters of any one ^^°*''^®^- 
county. 

III. Form of Ballot. 

Each proposed amendment to the constitution, and each Form of 
law, submitted to the people, shall be described on the ballots ballot, etc. 
by a description to be determined by the attorney-general, 
subject to such provision as may be made by law, and the 
secretary of the commonwealth shall give each question a 
number and cause such question, except as otherwise author- 
ized herein, to be printed on the ballot in the following 
form : — 

In the case of an amendment to the constitution: Shall 
an amendment to the constitution (here insert description, 
and state, in distinctive type, whether approved 
or disapproved by the general court, and by what 
vote thereon) be approved? 

In the case of a law: Shall a law (here insert description, 
and state, in distinctive type, whether approved 
or disapproved by the general court, and by what 
vote thereon) be approved? 

IV. Information for Voters. 

The secretary of the commonwealth shall cause to be certain in- 
printed and sent to each registered voter in the common- ^■Zt^rTu^he'^ 
wealth the full text of every measure to be submitted to the sl^ret'L^y of 
people, together with a copy of the legislative committee's ^^'eluh™™""" 
majority and minority reports, if there be such, with the 



YES. 




NO. 





TES. 




NO. 





62 



CONSTITUTION OF THE 



names of the majority and minority members thereon, a 
statement of the votes of the general court on the measure, 
and a description of the measure as such description will 
appear on the ballot; and shall, in such manner as may be 
provided by law, cause to be prepared and sent to the voters 
other information and arguments for and against the measure. 



Governor's 
veto not to 
e>tend to 
certain 
measures. 



Power of 
amendment 
or repeal of a 
law by gen- 
eral court. 



V. The Veto Power of the Governor. 

The veto power of the governor shall not extend to meas- 
ures approved by the people. 

VI. The General Court's Poiver of Repeal. 

Subject to the veto power of the governor and to the right 
of referendum by petition as herein provided, the general 
court may amend or repeal a law approved by the people. 



This amend- 
ment to be 
self-executing, 
etc. 



VII. Amendment declared to be Self -executing. 

This article of amendment to the constitution is self- 
executing, but legislation not inconsistent with anything 
herein contained may be enacted to facilitate the operation 
of its provisions. 



Amendments, 
Arts. IX and 
XLII, 
annulled. 



Conservation, 
etc., of 
natural re- 
sources of the 
common- 
wealth. 



Regulation 

by la^v of ad- 
vertising on 
public ways, 
etc. 



VIII. Articles IX and XLII of Amendments of the Consti- 
tution anmdled. 

Article IX and Article XLII of the amendments of the 
constitution are hereby annulled. 

Art. XLIX. The conservation, development and utiliza- 
tion of the agricultural, mineral, forest, water and other 
natural resources of the commonwealth are public uses, 
and the general court shall have power to provide for the 
taking, upon payment of just compensation therefor, of 
lands and easements or interests therein, including water 
and mineral rights, for the purpose of securing and promoting 
the proper conservation, development, utilization and con- 
trol thereof and to enact legislation necessary or expedient 
therefor. 

Art. L. Advertising on public ways, in public places and 
on private property within public view may be regulated 
and restricted by law. 



COMMONWEALTH OF MASSACHUSETTS. 03 

Art. LI. The preservation and maintenance of ancient General court 
landmarks and other property of historical or antiquarian for taking 
interest is a public use, and the commonwealth and the cities marks, etc 
and towns therein may, upon payment of just compensation, 
take such property or any interest therein under such regula- 
tions as the general court may prescribe. 

Art. LII. The general court, by concurrent vote of the General court 
two houses, may take a recess or recesses amounting to not ^ec^ss.'^ *** 
more than thirty days; but no such recess shall extend 
beyond the sixtieth day from the date of their first assem- 
bling. 

Art. LIII. Article X of Section I of Chapter H of the Certain articles 
constitution, the last two paragraphs of Article IV of the annulled and" 
articles of amendment, relating to the appointment of a ^^p^''^^'^^'^- 
commissary general and the removal of militia officers, and 
Article V of the articles of amendment are hereby annulled, 
and the following is adopted in place thereof: Article X. ni'vaf officers, 
All military and naval officers shall be selected and appointed {j°J r^'emoled "^ 
and may be removed in such manner as the general court etc. 
may by law prescribe, but no such officer shall be appointed 
unless he shall have passed an examination prepared by a 
competent commission or shall have served one year in 
either the federal or state militia or in military service. All 
such officers who are entitled by law to receive commissions 
shall be commissioned by the governor. 

Art. LIV. Article VH of Section I of Chapter H of the Certain article 
constitution is hereby annulled and the following is adopted annulled and 
in place thereof: Article VH. The general court shall pro- MmtaTy ltd 
vide by law for the recruitment, equipment, organization, navai forces. 
training and discipline of the militar}^ and naval forces. The etc. 
governor shall be the commander-in-chief thereof, and shall 
have power to assemble the whole or any part of them for 
training, instruction or parade, and to employ them for the 
suppression of rebellion, the repelling of invasion, and the 
enforcement of the laws. He may, as authorized by the 
general court, prescribe from time to time the organization 
of the military and naval forces and make regulations for 
their government. 

Art. LV. Article VI of Section HI of Chapter II of the Certain article 
constitution is hereby annulled and the following is adopted annulled and 
in place thereof: Whenever the offices of governor and o^rder^o'f^'^ 
lieutenant-governor shall both be vacant, by reason of death, secession in 

oruCG of 

absence from the commonwealth, or otherwise, then one governor, etc., 
of the following officers, in the order of succession herein vacancy. 



64 



CONSTITUTION OF THE 



Return by 
governor to 
general court 
of bill or 
resolve for 
amendment, 
etc. 



Amendments, 
Art. IV, 
amended. 

Women may 
be appointed 
notaries 
public, etc. 



Article I, 
Chapter III 
of Part the 
Second, 
amended. 
Judicial oflP-cers, 
retirement of, 
etc. 



Every charter, 
etc., subject to 
revocation, etc. 



Building zones 
in cities and 
towns. 



Compulsory 
voting at 
elections. 



Common- 
wealth's credit 
not to bo 
given to private 
enterprises. 



named, namely, the secretary, attorney-general, treasurer 
and receiver-general, and auditor, 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 lawfully do or execute, 
if they, or either of them, were personally present. 

Art. LVI. The governor, within five days after any bill 
or resolve shall have been laid before him, shall have the 
right to return it to the branch of the general court in which 
it originated with a recommendation that any amendment 
or amendments specified by him be made therein. Such bill 
or resolve shall thereupon be before the general court and 
subject to amendment and re-enactment. If such bill or 
resolve is re-enacted in any form it shall again be laid before 
the governor for his action, but he shall have no right to 
return the same a second time with a recommendation to 
amend. 

Art. LVII. Article IV of the articles of amendment of 
the constitution of the commonwealth is hereby amended by 
adding thereto the following words: — Women shall be 
eligible to appointment as notaries public. Change of name 
shall render the commission void, but shall not prevent re- 
appointment under the new name. 

Art. LVIII. Article I of Chapter III of Part the Second 
of the constitution is hereby amended by the addition of the 
following words: — and provided also that the governor, with 
the consent, of the council, may after due notice and hearing 
retire them because of advanced age or mental or physical 
disability. Such retirement shall be subject to any pro- 
visions made by law as to pensions or allowances payable 
to such officers upon their voluntary retirement. 

Art. LIX. Every charter, franchise or act of incorpora- 
tion shall forever remain subject to revocation and amend- 
ment. 

Art. LX. The general court shall have power to limit 
buildings according to their use or construction to specified 
districts of cities and towns. 

Art. LXI. The general court shall have authority to 
pro\'ide for compulsory voting at elections, but the right of 
secret voting shall be preserved. 

Art. LXII. Section 1. The credit of the common- 
wealth shall not in any manner be given or loaned to or in 
aid of any individual, or of any private association, or of 
any corporation which is privately owned and managed. 



for certain 
purposes. 



COMMONWEALTH OF MASSACHUSETTS. 65 

Section 2. The commonwealth may borrow money to common- 

1 • • • , • 1 p 1 j^i wealth may 

repel mvasion, suppress nisurrection, detend the common- borrow money 
wealth, or to assist the United States in case of war, and 
may also borrow money in anticipation of receipts from 
taxes or other sources, such loan to be paid out of the rev- 
enue of the year in which it is created. 

Section 3. In addition to the loans which may be con- Two-thirds 
tracted as before provided, the commonwealth may borrow vote'^of °^^ 
money only by a vote, taken by the yeas and nays, of two- flquiridto*^ 
thirds of each house of the general court present and voting borrow money. 
thereon. The governor shall recommend to the general court 
the term for which any loan shall be contracted. 

Section 4. Borrowed money shall not be expended for Expenditure 
any other purpose than that for which it was borrowed or monTyirrnited. 
for the reduction or discharge of the principal of the loan. 

Art. LXIII. Section 1. Collection of Revejuie. — AH Collection of 

1 PI IIP revenue. 

money reeen'ed on account or the commonwealth from any 
source whatsoever shall be paid into the treasury thereof. 

Section 2. The Budget. — Within three weeks after the The budget, 
convening of the general court the governor shall recom- •'°°*^®°*®' ®**'- 
mend to the general court a budget which shall contain a 
statement of all proposed expenditures of the commonwealth 
for the fiscal year, including those already authorized by 
law, and of all taxes, revenues, loans and other means by 
which such expenditures shall be defrayed. This shall be General court 
arranged in such form as the general court may by law formfltc.''^ 
prescribe, or, in default thereof, as the governor shall deter- 
mine. For the purpose of preparing his budget, the governor Governor 
shall have power to require any board, commission, officer or Sformatfon. 
department to furnish him with any information which he 
may deem necessary. 

Section 3. The General Appropriation Bill. — • All ap- The general 
propriations based upon the budget to be paid from taxes or ^PP'"op"^tioii 
revenues shall be incorporated in a single bill which shall be 
called the general appropriation bill. The general court may 
increase, decrease, add or omit items in the budget. The 
general court may provide for its salaries, mileage, and ex- 
penses and for necessary expenditures in anticipation of 
appropriations, but before final action on the general appro- 
priation bill it shall not enact any other appropriation bill 
except on recommendation of the governor. The governor Supplementary 
may at any time recommend to the general court supple- ^"'*^^*^®- 
mentary budgets which shall be subject to the same pro- 
cedure as the original budget. 



66 



CONSTITUTION OF THE 



Special appro- 
priation bills 
may be 
enacted, when. 



Governor may 
disapprove, 
etc., items or 
parts of items 
in any appro- 
priation bill, 
etc. 



Items to have 
force of law, 
unless, etc. 



Biennial elec- 
tion of state 
officers, 
councillors, 
senators and 
representa- 
tives; terms 
of office. 



Treasurer inel- 
igible for more 
than three suc- 
cessive terms. 

General court 
to assemble 
annually. 

When first 
election under 
this article 
shall be held, 
etc. 



Section 4. Special Appropriation Bills. — After final ac- 
tion on the general appropriation bill or on recommenda- 
tion of the governor, special appropriation bills may be 
enacted. Such bills shall pro^'ide the specific means for 
defraying the appropriations therein contained. 

Section 5. Submission to the Governor. — The governor 
may disapprove or reduce items or parts of items in any bill 
appropriating money. So much of such bill as he approves 
shall upon his signing the same become law. As to each item 
disapproved or reduced, he shall transmit to the house in 
which the bill originated his reason for such disapproval or 
reduction, and the procedure shall then be the same as in 
the case of a bill disapproved as a whole. In case he shall 
fail so to transmit his reasons for such disapproval or reduc- 
tion within five days after the bill shall have been presented 
to him, such items shall have the force of law^ unless the 
general court by adjournment shall prevent such transmis- 
sion, in which case they shall not be law. 

Art. LXIV. Section 1. The governor, lieutenant-gov- 
ernor, councillors, secretary, treasurer and receiver-general, 
attorney-general, auditor, senators and representatives, shall 
be elected biennially. The governor, lieutenant-governor 
and councillors shall hold their respective offices from the 
first Wednesday in January succeeding their election to and 
including the first Wednesday in January in the third year 
following their election and until their successors are chosen 
and qualified. The terms of senators and representatives 
shall begin with the first Wednesday in January succeeding 
their election and shall extend to the first Wednesday in 
January in the third year following their election and until 
their successors are chosen and qualified. The terms of the 
secretary, treasurer and receiver-general, attorney-general 
and auditor, shall begin with the third Wednesday in Janu- 
ary succeeding their election and shall extend to the third 
Wednesday in January in the third year following their 
election and until their successors are chosen and qualified. 

Section 2. No person shall be eligible to election to the 
office of treasurer and receiver-general for more than three 
successive terms. 

Section 3. The general court shall assemble every year 
on the first Wednesday in January. 

Section 4. The first election to which this article shall 
apply shall be held on the Tuesday next after the first Mon- 



COMMONWEALTH OF MASSACHUSETTS. 67 

day in November in the year nineteen hundred and twenty, 
and thereafter elections for the choice of all the officers 
before-mentioned shall be held biennially on the Tuesday 
next after the first ]\Ionday in November. 

Art. LXV. No person elected to the general court shall ^g'^gn^j.f 
during the term for which he was elected be appointed to «>urt not to 

ax j-Jj-U 1 u. i^ e • 1 ^ appointed 

any orhce created or the emoluments whereof are mcreased to certain 
during such term, nor receive additional salary or compensa- ^^d've^L- 
tion for ser\ice upon any recess committee or commission ?^'^fcom-° 
except a committee appointed to examine a general revision ^j,"^' '^'^^p^' 
of the statutes of the commonwealth when submitted to the 
general court for adoption. 

Art. LXVI. On or before January first, nineteen hun- Organization 
dred twenty-one, the executive and administrative work of tha"n t^enTy 
the commonwealth shall be organized in not more than to perfSmthe 
twenty departments, in one of which every executive and adm^nlrfratlve 
administrative office, board and commission, except those work of the 
officers serving directly under the governor or the council, wealth, 
shall be placed. Such departments shall be under such ^"^^ 
supervision and regulation as the general court may from 
time to time prescribe by law. 



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 
aflSrmative. When the convention assembled, it was found that 
the constitution had been adopted by the requisite number of 
votes, and the convention accordingly Resolved, "That the said 
Constitution or Frame of Government shall take place on the last 
Wednesday of October next; and not before, for any purpose, 
save only for that of making elections, agreeable to this resolu- 
tion." The first legislature assembled at Boston, on the twenty- 
fifth day of October, 1780. 

The fii'st 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. 



68 CONSTITUTION OF THE 

The tenth Article was adopted by the legislatures of the political 
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 General Court of the year 1851 passed an Act calling a third 
Convention to revise the Constitution. The Act was submitted to 
the people, and a majority voted against the proposed Convention. 
In 1852, on the 7th of May, another Act was passed calling upon 
the people to vote upon the question of calling a Constitutional 
Convention. A majority of the people having voted in favor of 
the proposed Convention, election for delegates thereto took place 
in March, 1853. The Convention met in the State House, in 
Boston, on the 4th day of Ma.y, 1853, and organized by choosing 
Nathaniel P. Banks, Jr., President, and William S. Robinson and 
James T. Robinson, Secretaries. On the 1st of August, this Con- 
vention agreed to a form of Constitution, and on the same day was 
dissolved, after having pro\ided for submitting the same to the 
people, and appointed a committee to meet to count the votes, 
and to make a return thereof to the General Court. The Com- 
mittee met at the time and place agreed upon, and found that the 
proposed Constitution had been rejected. 

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. 



COMMONWEALTH OF MASSACHUSETTS. 69 

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. 

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 daj^ of November, 1885. 

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

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

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

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

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



70 CONSTITUTION OF THE 

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. 

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

The forty-third and forty-fourth Articles were adopted by the 
legislatures of the political years 1914 and 1915, and were approved 
and ratified by the people on the second day of November, 1915. 

In his inaugural address to the General Court of 1916, Governor 
McCall recommended that the question of revising the Constitution, 
through a Constitutional Convention, be submitted to the people; 
and the General Court passed a law (chapter 98 of the General 
Acts of 1916) to ascertain and carry out the will of the people rela- 
tive thereto, the question to be submitted being "Shall there be a 
convention to re\ise, alter or amend the constitution of the Com- 
monwealth?" The people voted on this question at the annual 
election, held on November 7, casting 217,293 votes in the affirma- 
tive and 120,979 votes in the negative; and accordinglj' the Gov- 
ernor on Dec. 19, 1916, made proclamation to that effect, and, by 
virtue of authority contained in the act, called upon the people 
to elect delegates at a special election to be held on the first Tuesday 
in May, 1917. The election was on May 1. In accordance with 
the provisions of the act, the delegates met at the State House on 
June 6, 1917, and organized by choosing John L. Bates, president, 
and James W. Kimball, secretary'. After considering and acting 
adversely on numerous measures that had been brought before it, 



COMMONWEALTH OF MASSACHUSETTS. 71 

and after providing for submitting to the people the forty-fifth, 
forty-sixth and forty-seventh Articles, at the state election of 1917, 
and the Article relative to the establishment of the popular initia- 
tive and referendum and the legislative initiative of specific amend- 
ments of the Constitution (Article forty-eight) at the state election 
of 1918, the Convention adjourned on November 28 "until called 
by the President or Secretary to meet not later than within ten 
days after the prorogation of the General Court of 1918." 

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. 

The forty-eighth Ai-ticle was submitted, by delegates in conven- 
tion assembled, November 28, 1917, the forty-ninth Article, August 
7, 1918, the fiftieth to the sixtieth Articles, inclusive, August 15, 
1918, the sixty-first to the sixty-fourth Articles, inclusive, August 
20, 1918, and the sixty-fifth and sixty-sixth Articles, August 21, 
1918, to the people, and by them ratified and adopted, November 
5, 1918. 



PROPOSED AMENDMENTS REJECTED BY THE 
PEOPLE. 

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

[Proposed Articles of Amendment, (1) Establishing biennial 
elections of state officers, and (2) Establishing biennial elections 
of members of the General Court, adopted by the legislatures of the 
political years 1895 and 1896, were rejected by the people at the 
annual election held on the third day of November, 1896.] 

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

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



INDEX TO THE CONSTITUTION. 



INDEX TO THE CONSTITUTION. 



A. PAGE 

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

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

Abolition, etc., of courts, not to be subject of initiative or referendum pe- 
tition, 53, 59 

Absent voting, general court to have power to provide for, . ... 51 

Abuses, arising from circulating petitions for hire or reward, under initiative 

and referendum, to be regulated by the general court, ... 61 
Act of incorporation, every, shall forever remain subject to revocation and 

amendment, .......... 64 

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

people on referendum, etc., ....... 50, 59, 60 

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

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

Adjournment, of separate houses of general court, . . . . . 16, 18 

of the general court, .......... 63 

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

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

Administrative work of the commonwealth, organization of, into not more 

than twenty departments, ........ 67 

Advertising on public ways, etc., may be restricted, etc., .... 62 

Affirmations, instead of the required oaths, may be made by Quakers, . 30, 31, 36 
Agricultural resources, conservation of ........ 62 

Agriculture, arts, commerce, etc., to be encouraged, ..... 30 

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

Allegiance, oaths and affirmations of, ...... 30, 31, 36 

Allowances or pensions, retirement of judicial officers on, .... 64 

Amendment and revocation of charters, franchises and acts of incorpora- 
tion, ........... 64 

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 approve^l by them 
by a majority vote, becomes a part of the constitution, ... 37 
under initiative and referendum, and articles IX and XLII of amend- 
ments to constitution annulled, . ... . . .55, 56, 62 

Ancient landmarks, preservation of, . . . . . . . .63 

[751 



76 INDEX TO THE CONSTITUTION. 

PAGE 

Anti-aid amendment, so-called, . . . . . . . . 51, 52 

no initiative petition allowed against, ..... .53 

loan of public credit restricted by, ....... 61 

commonwealth's credit not to be given for private purposes, . . 64 

Antiquarian interest, property of, preservation of, ..... 63 

Appointments by the governor, ..... 35, 43, 44, 47, 49, 64 

Apportionment of councillors, . . . . . . 25, 42, 43 

state to be divided into eight districts, ...... 43 

Apportionment of senators, . . . . . . • . 13, 41, 46 

on basis of legal voters, and state to be divided into forty districts, . 46 

Apportionment of representatives, . . . . . 16, 39, 40, 41, 45 

to the several counties, made on the basis of legal voters, ... 46 
Appropriation of money from treasury for certain purposes, to be excluded 

from proposal by initiative or referendum petition, . . .53, 59 

Appropriation bill, the general, to be based upon the budget, etc., . . 65 

Appropriation bills, special, may be enacted after final action on general appro- 
priation bill, .......... 66 

Appropriations, origin of money biUs, ....... 18 

no initiative or referendum petitions on, . . . . . . 53, 59 

budget and regulation of money bills, . . . . . . 65, 66 

Arguments for and against measures under the initiative and referendum to 

be sent the voters by the secretary of the commonwealth, . . 61 

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

the legislature, .......... 8 

no quartering of troops, unless, ........ 9 

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

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

while going to, returning from, or attending the general assembly, . 18 
Arrest, search and seizure, right of, regulated, ...... 7 

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

Assembly, peaceable, the right of, ....... . 8 

not a subject for initiative or referendum petition, .... 53 

Assembly of general court, frequent, ........ 9 

Association or corporation, private, not to be given credit of the common- 
wealth, 64 

Attorney-general, to be chosen by the people annually in November; amended, 

to be elected biennially, ....... 21, 43, 66 

to hold office for one year from third Wednesday in January next there- 
after, and until another is chosen and qualified; term of oflfice ex- 
tended to two years, ......... 43 

not to be a legislator or congressman, . . . . . . 32, 37 

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

in failure 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- 
sons having the highest number of votes, at November election, . 44 
vacancy occurring during session of the legislature filled by joint ballot 

of legislature from the people at large, ...... 44 



INDEX TO THE CONSTITUTION. 77 



Attorney-general, vacancy occurring during recess of legislature filled by 

governor by appointment, with consent of council, ... 44 

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

election or appointment, ........ 44 

office to be deemed vacant if person elected or appointed fails to be quali- 
fied within ten days, ......... 44 

qualifications requisite, ......... 44 

initiative petition, etc., to be submitted to, . . . . . .54, 57 

description on ballot under initiative and referendum to be determined by, 61 
to exercise powers of governor and lieutenant governor in succession 

when both offices are vacant, ....... 64 

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

elected biennially, . . . . . 43, 66 

to hold office for one year from third Wednesday in January next there- 
after, and until another is chosen and qualified; term of office 
extended to two years, . . . . . . . 43, 66 

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, . . . . . . .44 

office to be deemed vacant if person elected or appointed fails to be quali- 
fied within ten days, ......... 44 

qualifications requisite, ......... 44 

to exercise powers of governor and lieutenant governor in succession 

when both offices are vacant, ....... 64 

B. 

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

protection from unreasonable, not a subject for initiative or referendum 

petition, ........... 53 

Ballot, voting by, and voting machines, . . . . . . . 17, 49 

form for popular legislation and vote on constitutional amendment, . 61 
Ballots cast at state election, number of negative votes required to disapprove 

law submitted to the people, ....... 56, 60 

Biennial election of senators, representatives and certain state officers to 

begin in November, 1920, ........ 66 

Bill, the general appropriation, to be based upon the budget, etc., . . 65 
Bill appropriating money, governor may disapprove or reduce items or parts 

of items in, .......... 66 

Bill of rights, declaration of, ........ • 4-10 

certain individual rights not to be subject of initiative or referendum 

petition, ........... 53 

Bills, money, to originate in the house of representatives, .... 18 

Bills, special appropriation, may be enacted after final action on general 

appropriation bill, ......... 66 



INDEX TO THE CONSTITUTION. 



PAGE 



Bills and resolves, to be laid before governor for revisal, . . . . 11 

to have force of law if signed by governor, . . . . . .11 

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, . . . . .11 

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

force of law, unless the legislature adjourns before that time expires, . 11 , 34 
may be returned to general court by governor recommending amend- 
ment, ........... 64 

provision for submission of, to the people on referendum, . .50, 52 

Blind, the deaf, dumb or, privately controlled hospitals, etc., for, may be 

compensated for the care and support of such persons, ... 52 

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

Boards and commissions, organized into not more than twenty depart- 
ments, ........... 67 

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

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

Borrowed money, expenditure of, limited, ....... 65 

Bribery or corruption used in procuring an appointment or election, to dis- 

qualif.y from holding any office of trust, etc., .... 32 

Budget, governor to recommend, to general court, ..... 65 

provision for supplementary, ........ 65 

Buildings may be limited for use, etc., to specified districts of cities and 

towns, ........... 64 

c. 

Census, of ratable polls, .......... 39 

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

of inhabitants and legal voters taken in the 3"ear 1865, and every tenth 

year thereafter, . . . . . . . . . 40, 45, 46 

enumeration of voters to determine the apportionment of representa- 
tives, . . . . . 45, 46 

Change of name by women notaries public renders commission void, but, 

etc., 64 

Change of residence not to disqualify voter until six months from time of 

removal, etc., ......... 48 

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, . .51 

Charters, etc., shall forever remain subject to revocation and amendment, . 64 

Church, appropriation of public money, etc., not to be made to found any, . 52 

Circulation of certain petitions under initiative and referendum to be regu- 
lated by the general court, ........ 61 

Cities, may be chartered by the general court, if containing twelve thousand 

inhabitants and consented to by a majority thereof, ... 35 



INDEX TO THE CONSTITUTION. 



Cities and towns not to aid certain schools, educational, charitable, religious 
or other institutions with moneys raised by taxation, 
may limit buildings for use, etc., to specified districts, . 
may take ancient landmarks for public use, . . . 

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, ..... 

City, etc., law restricted to a particular, to be excluded from proposal by 
initiative or referendum petition, ..... 

Civil cases, right to trial by jury, ........ 

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 
plurality of votes, ........ 

Clerk of house of representatives not to be legislator. 

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

incompatible offices, ......... 

Clerks of towns to make records and returns of elections. 

Collection of revenue into the treasury, ...... 

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, . 26 

Commission officers, tenure of office to be expressed in commissions. 
Commission to prepare examinations for military and naval officers, 
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, 

to military and naval officers, by the governor, .... 

recess committees or, members of general court not to receive salary 
for service upon, except, etc., ...... 

Common pleas, judges of the courts of, restriction on office holding by. 

Commonwealth, not to aid certain schools, educational, charitable, religious 

or other institutions with moneys raised by taxation, etc., 

not to give credit to aid any individual, private association or private 

corporation, ......... 

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

law operative in particular districts, etc., of the, to be excluded from 

proposal by initiative or referendum petition, 
may take ancient landmarks, etc., for public use, 
may borrow money to repel invasion, etc., ..... 

Compact of government, ......... 

Compensation, additional, not to be paid members of general court for service 
upon recess committees, except, etc., ..... 

Compulsory voting, general court to have authority to provide for, 



51 
64 
63 
52 

50 

53,59 

8 

42 

42 
32 
44 

32,37 
14 
65 
51 
33 

20,63 
30 

36,63 
26 
63 

44,49 

33 
63 

67 
37 

51 

64 

52 

53,59 

63 

65 

3,4 

67 
64 



80 



INDEX TO THE COXSTITUTIOX, 



Conflicting and alternative measures in popular legislation at one election, 
of constitutional amendments at one election, .... 

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, 
state officers not to be members of, . 
Conservation, of certain natural resources of the commonwealth, 
of wild and forest lands, ...... 

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

specified number of voters may submit, ...... 

articles IX and XLII of amendments to, annulled, .... 

provisions for revising, ........ 34, 

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

rules governing initiative petitions for, 
matters excluded from initiative petition for, 
legislative substitute for, ...... 

introduction into the general court by initiative petition of proposal for 
procedure in general court for, ....... 

submission to the people of, ...... . 

conflicting and alternative measures at one election, 

regulation of signatures to petitions for, ..... 

form of ballot, .......... 

information for voters, ........ 

provisions for, to be self-executing but legislation permitted to facilitate 
their operation, .......... 

no part of the, specifically excluding any matter from the operation of 
the initiative and referendum, shall be the subject of an initiative 
petition, ........... 

Contents of initiative and referendum petitions, ..... 

Contracts, revocation of charters, etc., ....... 

Control of certain natural resources of the commonwealth, .... 

Coroners, appointment of, ........ ■ 

Corporation, privately owned and managed, not to be given credit of the 
commonwealth, .......... 

Corporations, revocation and amendment of charters, .... 

and co-partnerships, general court to provide by law for circulation of 
initiative and referendum petitions for hire or reward by. 
Corrupt practices in elections, relative to the right to vote by persons dis- 
qualified by reason of, ........ 



PAGE 

57,58 
57,58 

50 
27 
37 
37 
62 
50 



52-56 
55 
62 

37,55 

34 
53,54 

53 
54,55 

55 
55,56 

56 
57,58 
60,61 

61 
61,62 

62 



53 
53,59 
64 
62 
21 

64 
64 

61 

50 



INDEX TO THE CONSTITUTION. 81 

PAGE 

Corruption or bribery used in procuring any appointment or election to dis- 
qualify from holding any office of trust, etc., .... 33 
Council, five members to constitute a quorum, ..... 20, 25, 43 
eight councillors to be elected annually; amended, to be elected bien- 
nially, ' 25, 42, 66 

election to be determined by rule required in that of governor, . 42 

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

both houses of assembly, . . . . 31, 36 

to rank next after the lieutenant governor, ...... 25 

resolutions and advice to be recorded in a register, and signed by the mem- 
bers present, .......... 25 

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

incompatible offices, . . . . . . . . . 32, 37 

to exercise the power of governor when office of governor and lieutenant 

governor is vacant; annulled, ....... 25,63 

authority to exercise powers of governor and lieutenant governor when 

both offices are vacant transferred to certain state officers, . . 63 

no property qualification required, ....... 42 

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

districts, ........... 42 

eligible to election if an inhabitant of state for five years preceding elec- 
tion, 43 

consent of, required to retire judicial officers for certain reasons, . . 64 

term of office; changed to biennial election, . .38,66 

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, ..... 47 

officers serving directly under governor or, not to be included in any of 

the twenty departments, ........ 67 

Counties, election of officers in, . . . 44, 49 

laws restricted to, not subject to initiative or referendum petition, . 53, 59 

County, certified signatures on any initiative or referendum petition not to 

exceed one fourth of registered voters in any one, .... 61 

Court, superior, judges not to hold certain other offices, .... 37 

Court, supreme judicial, judges to have honorable salaries fixed by standing 

laws, and to hold office during good behavior, . . 10, 24, 26, 27 

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

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

either branch of the legislature or by the governor and council, . 27 
Courts, clerks of, elected by the people of the several counties, ... 44 
Courts, the powers, creation or abolition of, not a subject for initiative or 

referendum petition, . . . . . . . 53, 59 

right of access to and protection in the, not subject for initiative or 

referendum petition, ......... 53 

Courts, probate, provisions for holding, ....... 27 

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

Courts and judicatories, may be established by the general court., . . 11 



82 INDEX TO THE CONSTITUTION. 

PAGE 

Courts and judicatories, may administer oaths or affirmations, ... 12 
Credit of the commonwealth not to be given to aid any individual, private 

association or private corporation, etc., . . . . 51, 64 

Crimes and offences, prosecutions for, regulated, ..... 7 

Crimes to be proved in the vicinity of where they happen, .... 7 

Criminal law, regulation, . . . . . . . . . 7, 9 

D. 

Deaf, dumb or blind, privately controlled hospitals, etc., for the, may be 

compensated for the care of such persons, ..... 52 

Debate, freedom of, in the legislature, . . . . 9 

Decision, a judicial, not to be a subject for initiative petition, ... 53 
Declaration of the rights of the inhabitants, ...... 4 

Declaration of rights, certain rights as declared in the, no measure incon- 
sistent with, shall be proposed by initiative or referendum petition, 53 
Declaration and oaths of officers ; tests abolished, . . . . . 30, 36 

Definition, etc., of initiative and referendum, ...... 52 

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

Denomination, religious, appropriation of public money, etc., not to be made 

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

Denominational doctrine, public money not to be granted a school or institu- 
tion wherein is inculcated any, .51 
Departments, legislative, executive and judicial, to be kept separate, 10 
Departments, not more than twenty, to perform executive and administrative 

work of the commonwealth, ....... 67 

Description on ballots under the initiative and referendum to be determined 

by attornej^-general, ......... 61 

Development of certain natural resources of the commonwealth, ... 62 
Disbursement of moneys, regulation of, . . . . 23, 65 

Dissolution of general court, . . . 11,37,49,63 

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

other common necessaries of life and shelter during time of, . . 52 

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

not to be congressmen, ......... 37 

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

districts, ........... 42 

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

as may be an equal number of voters, ...... 46 

Districts, etc., of the commonwealth, law restricted to particular, to be ex- 
cluded from proposal by initiative or referendum petition, . . 53, 59 
Districts, representative, to be established by commissioners in the several 

counties, . 41, 45, 46 
Division, etc., of the commonwealth, law restricted to a particular political, 
to be excluded from proposal by initiative or referendum peti- 
tion, 53,59 

Divorce, alimony, etc., 27 



INDEX TO THE CONSTITUTION. 



83 



Doctrine, denominational, public money not to be granted a school or institu- 
tion wherein is inculcated any, ....... 51 

Dumb or blind, the deaf, privately controlled hospitals, etc., for, may be com- 
pensated for the care of such persons, ...... 52 

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

to be limited, etc., ......... 51 



E. 

Easements, etc., in connection with certain natural resources, may be taken, 
Education, no public aid for private, 
qualification for suffrage, . 
no initiative petition on anti-aid measure, 
Harvard College, powers, privileges, etc., 
encouragement of literature, etc.. 
Educational interests to be cherished. 
Educational undertaking, not under exclusive public control, etc., grant of 

public money forbidden to, . 
Eighteenth amendment of the constitution not to be subject of an initiative 
referendum (Article XLVI), ....... 

Election, state, referendum on acts and resolves of the general court at, 
etc., . . . . 50, 56, 57, 

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

Election returns, .......... 

Elections, biennial, for certain state officers, senators and representatives 

first to be held in November, 1920, 
Elections ought to be free, 
Elections, by the people, of civil officers provided for by the constitution, to 
be by plurality of votes, ....... 

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

absent voting at, general court to provide by law for, . 
freedom of, not a subject for initiative or referendum petition, 
compulsory voting at, general court to have authority to provide for, 
biennial, of state officers, councillors, senators and representatives, 
Emergency, public, etc., commonwealth, cities and towns may provide food 

other common necessaries of life and shelter during 
Emergency laws, to contain preamble, etc., 

referendum on, petitions for. 
Eminent domain, exercise of the right of, . 
no initiative or referendum on right of, 
Enacting style of laws established, 
Enforcement of the laws, governor may employ military and naval forces 
for, ...... 



62 
51 
45 
53 
28,29 
29,30 
29 

51 

53 

59, 60 

42,66 

42 
14, 43 

66 
6 

42 
49 
51 
53 
64 
66 

52 
58 
60 
6,62 
53 
33 

63 



84 



INDEX TO THE CONSTITUTION. 



English language, knowledge of, as franchise qualification, . 
Enrollment of constitution, ........ 

Equality and natural rights of all men, ...... 

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

i^x posi /ado laws declared unjust and oppressive, .... 

Examination required for military and naval officers, .... 

Excises and duties, power of general court to impose and levy reasonable, not 

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

Excluded matters, under popular initiative and referendum, definitions of. 
Executive department not to exercise legislative or judicial powers. 
Executive and administrative work of the commonwealth, organization of, into 

not more than twenty departments, ..... 
Exemptions, etc., from tax on income may be granted by general court. 
Exigency, public, etc., commonwealth, cities and towns may provide food 

other common necessaries of life and shelter during. 
Extra sessions of the general court, ....... 



FAGS 

45 
34 

4 
13 

9 
63 

51 

53,59 

10 

67 
51 

52 
29,38 



F. 

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

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

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

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

Forest resources, conservation of, etc., ...... 

Form of question on ballot under the initiative and referendum, . 

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

Franchise, every, shall forever remain subject to revocation and amend- 
ment, .......... 

no grant of any, for more than one year, can be declared an emergency 
law, ........... 

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

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

Freedom of the press, of speech, and of elections, not to be subjects for initia 
tive or referendum petition, ...... 

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

by governor, provision requiring, and annulled, .... 

Fundamental principles of the constitution, a frequent recurrence to, recom- 
mended, ........... 



9 
9 

52 
50 
50,62 
61 
10 

64 

58 

52 

9 

53 

42 
19,49 



G. 

General appropriation bill to be based upon the budget, etc., ... 65 
General court, to assemble frequently for redress of grievances, and for making 

laws, ........... 9 

freedom of speech and debate in, ...... . 9 

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



INDEX TO THE COxNSTITUTION. 85 



General court, formed by two branches, a senate and house of representa- 
tives, each having a negative on the other, . . . . 10, 11 

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, .11, 20, 37 

may constitute and erect judicatories and courts, . . .11 

may make wholesome and reasonable laws and ordinances not repugnant 

to the constitution, ......... 12 

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

their duties, .......... 12 

may impose taxes, etc., to be used for the public service, . . 12, 50, 51 

to be dissolved on the day next preceding the first Wednesday of January, 20, 38 
travelling expenses of members ; provision annulled, . . .17,49 

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

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

may take recess of not more than thirty days, ..... 63 

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 prevail- 
ing, 20 

judicial officers may be removed upon address of, .... 27 

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

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

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 

certain officers not to be members of, . . . 32, 37 

persons convicted of corrupt practices not to be members of, . . 32, 37 

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, ..... 44 

quorum to consist of a majority of members, ..... 49 

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

highways or streets, ......... 49 

freehold, or any other estate, as a qualification for a seat in the, or coun- 
cil, not required, ......... 42 

powers of, with regard to the budget, ....... 65 

governor to recommend budget annually to, . . . .65 

departments to be supervised and regulated by laws of, ... 67 

limitations on legislative power of the, extended to legislative power of 

the people, etc., ......... 53 

specified number of voters required to submit laws enacted by the, for 

ratification, etc., by the people, ... 52, 54, 55, 56, 57, 59, 60 

shall raise and appropriate money to carry into effect laws enacted by 

the people, etc., .......... 53 



86 IXIJEX TO THE CONSTITUTION. 



PAGB 



General court, legislative power shall continue to be vested in. except, as 

provided by initiative and referendum petitions, etc., ... 52 
members of, not eligible for appointment to certain offices, except, etc., . 67 
provision for submission of bills and resolves of, to the people on referen- 
dum; and annulled, . 50, 62 
powers of, relative to the taking of land, etc., to relieve congestion of 

population and to provide homes for citizens, .... 50 

to determine manner in which the commonwealth, cities and towns may 

provide food and shelter in time of war, etc., .... 52 

to provide by law for absent voting, ....... 51 

to provide for compulsory voting, ....... 64 

adjournment of, to cause a bill or resolve not to become law if the governor 

cannot return it with his objections within five days after its receipt, 34 
effect of adjournment of, upon items disapproved by governor in general 

appropriation bill, but not returned within five days, ... 66 
to take yea and nay vote on loans contracted by the commonwealth, . 65 
to have authority to provide for compulsory voting at elections, . 64 

to have power to limit buildings for use in cities and towns, ... 64 
to provide for taking certain natural resources, ..... 62 
may amend or repeal laws approved by the people subject to governor's 

veto and referendum, ......... 62 

may regulate taking of ancient landmarks and propertj^ of historical 

interest, ........... 63 

may prescribe by law for appointment and removal of military and naval 

officers, etc., .......... 63 

to provide for recruitment, etc., of military and naval forces, . 63 

may authorize the governor to make regulations, etc., for the military 

and naval forces, ......... 63 

governor may return bill or resolve to, recommending amendment, etc., . 64 
governor to recommend to, term for which commonwealth loan shall be 

contracted, .......... 65 

shall assemble every year on the first Wednesday in January, . . 66 

Government, objects of, . . . . . 3, 4, 5, 6 

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

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

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

elected annually; amended, to be elected biennially, . . 19,38,66 

qualifications, .......... 19, 36, 49 

term of office, .......... 19, 38, 66 

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

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

to go out of the limits of the state; and annulled, .... 21, 63 

to appoint the adjutant general, . . . . . . . 22, 63 

may call together the councillors at any time, . . . . . 20, 25 

not to hold certain other offices, . . . . . . 32, 37 

to take oaths of office before president of the senate in presence of the 

two houses of assembly, . . . . . . . 30, 31, 36 



INDEX TO THE CONSTITUTION, 



PAQB 

Governor, to sign all commissions, ........ 33 

election determined by the legislature, ...... 19 

veto power, 11, 62, 64, 66 

may return bill or resolve to the general court recommending amend- 
ment, ........... 64 

to recommend to general court the term for which any loan shall be 

contracted, .......... 65 

vacancy in office of, powers to be exercised by the lieutenant governor, . 24 
and lieutenant governor, vacancy in office of, powers to be exercised by 

the council; and annulled, . . . . . 25, 63 

vacancy in offices of both governor and lieutenant governor, powers to 
be exercised in order of succession by secretary, attorney-general, 
treasurer and receiver general, and auditor, ..... 63 

with advice of council, may adjourn or prorogue the legislature upon re- 
quest, and convene the same, ....... 20 

may adjourn or prorogue the legislature for not exceeding ninety days 
when houses disagree, or may direct session to be held in other than 
the usual place in case of an infectious distemper prevailing, . 20 

to appoint all judicial officers, notaries public and coroners; nominations 

to be made at least seven days before appointment, etc., 21, 35, 49, 64 

to appoint officers of the continental army, ...... 22 

may pardon offences, but not before conviction, ..... 21 

may fill vacancy in council occurring when legislature is not in session, . 47 
with consent of council, may remove judicial officers, upon the address 

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

to commission all military and naval officers, . . . . . 22, 63 

to call joint session on constitutional amendments, .... 55 

to fill vacancies in certain elected executive offices, .... 44 

to have power to cause certain laws to take effect forthwith, . . 58 

with consent of council, may retire judicial officers for certain reasons, . 64 
to recommend budget and supplementary budgets to the general court, . 65 
may disapprove or reduce items or parts of items in any bill appropriating 

money, ........... 66 

Governor and council, to examine election returns, . . . . 15, 44 

may punish persons guilty of disrespect, etc., by imprisonment not exceed- 
ing thirty days, .......... 18 

quorum to consist of governor and at least five members of the council, . 20 
may require the attendance of the 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, etc., ...... 27 

to hear and determine all causes of marriage, divorce and alimony, and 

appeals from judges of probate, etc., ...... 27 

officers serving directly under, not to be included in any of the twenty 

departments, .......... 67 

Guardian, parent or, consent of, required to have minor in a publicly controlled 

reformatory, etc., attend religious services, etc., .... 52 



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 unnatural, . . . . 5, 6 

Highways, etc., taking of land for widening or relocating, powers of the legis- 
lature concerning, . . . . 49, 50 

Hire or reward, petitions circulated for, under initiative and referendum, to 

be regulated by general court, ....... 61 

Historical property, preservation of, . . . . . . .63 

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

support of, ...... . 51, 52 

Homes for citizens, general court given power to take land for relieving con- 
gestion of population and providing, ...... 50 

Hospital, not publicly owned, etc., grant of public money forbidden to, . 51 

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

for the care of such persons, ....... 52 

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, 49 

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

records, . . . . . . . . .11 

qualifications of members, . . . . . . 17, 42, 46 

to judge of the qualifications of its own members, . . . 18 

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 

members not to be arrested on mesne process during going to, return- 
ing from, or attending the general assembly, ..... 18 

the grand inquest of the commonwealth, ...... 18 

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

amendments, .......... 18 

not to adjourn more than two days at a time, ..... 18 

may, by concurrent vote, take a recess of not more than thirty days, 63 

quorum of, . . . . . IS, 46, 49 

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 



INDEX TO THE CONSTITUTION. 89 



PAGE 



House of representatives, may require the attendance of secretary of the com- 
monwealth 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 

clerk of, not to be a legislator, ........ 32 

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

of Novanber, .......... 42 

members of, to be elected biennially, ....... 66 

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

November, .......... 42 

to consist of two hundred and forty members, apportioned to the several 

counties equally, according to relative number of legal voters, . 45 
commissioners to divide counties into representative districts of contigu- 
ous territory, but no town or ward of a city to be divided, . 45, 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 

I. 

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

limitation of sentence; party convicted liable to indictment, . . 16, 18 

Income, tax on, general court may impose and levy, etc., .... 50 

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

Incorporation, every act of, shall forever remain subject to revocation and 

amendment, .......... 64 

Individual, any, credit of the commonwealth not to be given in any manner 

to, 64 

Individual rights, no proposition inconsistent with certain, can be subject of 

initiative or referendum petition, ...... 53 

Individuals, who circulate initiative and referendum petitions for hire or 

reward, to be licensed, ........ 61 

Infirmary, not publicly owned, etc., grant of public money forbidden to, 51 

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

for the care actually rendered such persons, ..... 52 
Information for voters to be sent by the secretary of the commonwealth 

under the initiative and referendum, ...... 61 

"Inhabitant," the word defined, etc., . . . .6,14 

Inhabitants, census to be taken in 1865, and every tenth year there- 
after, ~ 39,41,45,46 

may be provided with food and shelter during time of war, exigency, 

etc., 52 

Initiative (see also Referendum) : 

definition of, ........... 52 

contents and mode of originating petition, ...... 53, 54 

constitutional amendment petition, . . . . . . 53, 54, 55 



90 



INDEX TO THE CONSTITUTION. 



Initiative (see also Referendum) : — Concluded. 

excluded matters, ........ 

transmission of petition to general court, .... 

reference of measure to committee of general court, 
procedure in general court on petition for amendment, . 
legislative substitute for initiative measure, 
submission of amendment to the people, necessary vote, 
procedure in general court on petition for law, submission to the people 
and necessary vote, ....... 

amendment of proposed law by petitioners and submission to the people 

by the secretary of the commonwealth, 
conflicting and alternative measures at the same election, which shall 
govern, etc., ........ 

identification, certification and limitation on signatures to petitions 
etc., ........... 

general com't may regulate abuses arising from circulating petitions for 
hire or reward, ......... 

description and form of question on ballot, ..... 

information for voters to be sent by secretary of the commonwealth, 
governor's veto not to extend to measures approved by the people, 
general court, subject to governor's veto and referendum, may amend 

or repeal a law approved by the people, 
provisions to be self-executive but legislation may be enacted to facilitate 
their operation, ......... 

Inmate of publicly controlled reformatory, etc., not to be deprived of oppor 

tunity of religious exercises of his own faith, etc., . 
Insolvency, commissioners of, elected by the people of the several counties 
and annulled, ......... 

Institution, not publicly owned, etc., grant of public money forbidden, 

for the deaf, dumb or blind, privately controlled, may be compensated 
for the care actually rendered such persons, .... 

reformatory, penal or charitable, publicly controlled, not to deprive in 

mate of the opportunity of religious exercises of his own faith, etc., 
of learning, wherein any denominational doctrine is inculcated, not to be 
aided, etc., by grant of public money or credit, 
Instruction of representatives, ........ 

Insurrection, commonwealth may borrow money to suppress, etc., 
Interests, lands or easements, in connection with certain natural resources 
may be taken, ......... 

Invasion, governor may employ military and naval forces to repel, 

commonwealth may borrow money to repel, etc.. 
Items or parts of items in any bill appropriating money, governor may dis- 
approve or reduce, ........ 

Items, etc., in appropriation bill disapproved, etc., when to have force of 
law, or not be law, ....... 



53 
54 
54 
54-56 
54, 55 
56 

56 

57 

57,58 

60,61 

61 
61 

61,62 
62 

62 

62 

52 

44,49 
51 

52 

52 

51 

8 

65 

62 
63 

65 

66 
66 



INDEX TO THE CONSTITUTION. 



1)1 



J. 

PAGE 

Judges, appointment, recall or removal of, not subjects for initiative or referen- 
dum petition, . 53, 59 
Judges of courts may not hold certain other offices, . . . 32, 37 
Judges of the supreme judicial court, to hold office during good behavior, and 

to have honorable salaries established bv standing laws, . 10, 24, 26, 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, 37 

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

may administer oaths or affirmations, ...... 12 

Judicial decision, reversal of a, not a subject for initiative petition, . . 53 

Judicial department, not to exercise legislative or executive powers, . 10 

Judicial officers, appointed by the governor with consent of council; nomina- 
tions to be made seven days prior to appointment, . . 21, 22 
to hold office during good behavior, except when otherwise provided by 

the constitution, ......... 26, 27 

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

houses of the legislature, ........ 26, 27 

may be retired on pension by governor with consent of council, for certain 

reasons, ........... 64 

Jury, right of trial by, not a subject for initiative or referendum petition, . 53 
Jury, trial by, right secured, ......... 7 

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

removal of, from office, ......... 49 

judges may be appointed as, . . . . . . .32, 37 



L. 

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

for relieving congestion of population and providing homes for citizens, 
Landmarks, ancient, preservation of, ...... 

Lands, easements or interests, in connection with certain natural resources 
may be taken, ......... 

Law prohibiting free exercise of religion not to be passed. 
Law-martial, only those employed in the army and navy, and the militia in 
actual service, subject to, except by authority of the legislature, 

protection from the, not a subject for initiative or referendum petition 
Laws, every person to have remedy in, for injury to person or property, 

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

power of general court to enact, ...... 

suspension of, mode of petitioning for, ..... 

enacting style of ......... . 

ex post facto, prohibited as unjust and inconsistent with free government, 

of province, colony and state, not repugnant to the constitution, con- 
tinued in force, . . . ' . 



49,50 
50 
63 

62 
51 

9 
53 

7 

8,9 

12 

59 

33 

9 



92 INDEX TO THE CONSTITUTION. 



PAGE 



Laws, passed by the general court, when to take effect, ... .58 

approved by the voters, when to take effect, . . . . . 56, 59 

emergency, to contain preamble, etc., ...... 58 

enacted by the general court, unless expressly excluded, made subject 

to referendum to the people, ....... 59 

relating to certain subjects to be considered matters excluded from initia- 
tive and referendum petitions, . . . . . . . 53, 59 

approved by the people, may be amended or repealed by the general 

court, ........... 62 

submission of, to the people for approval, ratification or rejection, under 

the popular referendum, ........ 52 

Learning, school or institution of, wherein any denominational doctrine 
is inculcated, not to be aided, etc., by grant of public money or 
credit, ........... 51 

Legal obligations, grant of public money or credit permitted to carry out 

certain, ........... 52 

Legislative department not to exercise executive or judicial powers, 10 

Legislative power, of the general court, . . 8-18, 35, 48, 50, 51, 63, 64, 67 

to be vested in general court, except, ....... 52 

of the people, limitations, ......... 53 

Legislature (see General court). 

Liberty of the press, essential to the security of freedom, .... 8 

Libraries, free public, appropriations may be made for maintenance of, . 52 

Licenses to be issued to individuals who circulate initiative and referendum 

petitions for hire or reward, ....... 61 

Lieutenant governor, to be annually elected in November, — title of. His 
Honor; who shall be qualified same as governor; changed to bien- 
nial election, 24,38,42,49,66 

qualifications, 24, 44, 49 

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 

vacancy in offices of both governor and, powers to be exercised in order 
of succession by secretary, attorney-general, treasurer and receiver 
general, and auditor, ......... 66 

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

houses, . . . . . . . .30, 31, 36 

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

term of office, . . . . . . . . . 38, 66 

Limitations, certain, on legislative power of the general court, shall extend 

to legislative power of the people, ...... 53 

on signatures of petitions, under the initiative and referendum, in any 

one county, .......... 61 

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

Loans, certain, to be paid out of revenue of the year in which created, . 65 

to be contracted only by yea and nay vote of each house, ... 65 
Localities of the commonwealth, law restricted to particular, to be excluded 

from proposal by initiative or referendum petition, . . .53, 59 



INDEX TO THE CONSTITUTION. 



93 



M. 

Magistrates and courts not to demand excessive bail, impose excessive fines, 

or inflict cruel punishments. 
Magistrates and officers accountable to the people. 
Major generals, elected by senate and house of representatives by concurrent 
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 legislature, . 
protection from, not a subject for initiative or referendum petition. 
Matters, excluded, from initiative and referendum petitions, 
MiUtary power, subordinate to civil authority, ..... 

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

captains and subalterns, elected by the train-bands, 
all members of companies may vote, including minors, 
field officers, elected by captains and subalterns, . 
brigadiers, elected by field officers, 
major generals, elected by senate and house of representatives by concur- 
rent vote, ........ 

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

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

appointment of staff officers, ..... 

organization; divisions, brigades, regiments and companies. 
Militia and naval forces, recruitment, etc., of, . 
Militia and naval officers, selection, appointment and removal of, 
Mineral resources and rights, conservation of, etc.. 
Minor, in publicly controlled reformatory, etc., not compelled to attend reli- 
gious services, etc., without consent of parent or guardian. 
Mode of originating initiative petitions, ..... 

Mode of petitioning for suspension of a law and a referendum thereon, 
Money, issued from treasury by warrant of governor, etc., . 

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

borrowed, expenditure of, limited, 
borrowed in anticipation of receipts from taxes, when loan shall be paid, 
all, received on account of the commonwealth to be paid into the treasurj-, 
bills appropriating, governor may disapprove or reduce any items or parts 
of items in, ......... 

certain appropriations of, from treasm-y of the commonwealth, excluded 
from initiative and referendum petitions, . . . . . 

bills to originate in the house of representatives, . . . . ■ 



9 
5 

22 
22 

27 

9 
53 

53,59 



21 

22, 36 
36 

22 
22 

22 
22 

22 

22,36 
22 

22,23 
63 
63 
62 

52 
54 
59 
23 

33 
65 
65 
65 

66 

53,59 
18 



94 



INDEX TO THE CONSTITUTION, 



Moneys, raised or appropriated for public or common schools, not to be applied 

for support of sectarian schools, etc., . . . . 44, 51 

Moral obligations of lawgivers and magistrates, ...... 8 

Moral qualifications for office, ......... 8 

Municipal governments, authority given general court to create, ... 35 

N. 

Name, change of, by women notaries public renders commission void, but 

reappointment may be made, etc., ...... 64 

Natural resources of the commonwealth, conservation of , . . .62 

Naval and military forces, recruitment, etc., of, . . . .63 

Naval and military officers, selection, appointment and removal of, . 63 

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

during time of war, exigency, etc., ...... 52 

Negative vote required, size of, to disapprove suspension of a law and refer- 
endum thereon, .......... 60 

Notaries public, to be appointed by governor with advice of council, 26, 35, 36 

women may be appointed, ........ 64 

how removed, . . 36, 49 

Number to be given each question on the ballot by the secretary of the com- 
monwealth, under the initiative and referendum, ... 61 



o. 

Oaths and affirmations, may be administered by courts and judicatories, 

how and by whom taken and subscribed, ..... 30, 

forms of , . . . . . . .30, 

Quakers may affirm, . . . . . . 

to be taken by all civil and military officers, .... 

Objects of government, ......... 

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

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

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

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

all persons having the prescribed qualifications equally eligible to, . 
no person eligible to, unless he can read and write, 
member of general court not eligible to, created, etc., during his term of 
election, etc., ......... 

Officers, civil, legislature may provide for the naming and settling of, . 

Officers, commission, tenure of office to be expressed in commissions. 

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

may be removed by governor, with consent of council, upon the address of 
both houses of the legislature, ...... 

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

Officers of the militia, etc., election and appointment of, . 



12 

31,36 

31,36 

31,36 

36 

3,6 

52 
7 

32 
6 
6 

45 

67 
12 
26 

26,27 

27 

33 

22,63 



INDEX TO THE CONSTITUTION, 



95 



Officers of the militia, etc., removal of, . . . . .22 

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

Offices, plurality of, prohibited to governor, lieutenant governor and judges-, 
incompatible, .......... 

Organization of the general court, . . . '. 

Organization of the militia and naval forces, ..... 

Originating, mode of, initiative petitions, ...... 



P.\GE 


,36, 


63 




5 


32, 


37 


32, 


37 


16, 


18 


22, 


63 




54 



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., .... 52 

Parts of items in bill appropriating monej^, governor may disapprove or 

reduce, ........... 66 

Peaceable as.sembly, the right of, not a subject for initiative or referendum 

petition, ........... 53 

Penal institutions, etc., publicly controlled, not to deprive an inmaie of the 

opportunity of religious exercises of his own faith, etc., . . . 52 

Pension, retirement of judicial officers upon, ...... 04 

People, to have the sole right to govern themselves as a free, sovereign and 

independent state, ......... 5 

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 

legislative power of the, limitations on, ...... 53 

submission of constitutional amendments, etc., to the, by popular initia- 
tive and referendum, ......... 56 

Person and property, remedy for injuries to, should be in the laws, . . 7 

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

initiative and referendum, definition of, mode of originating 

etc., 52, 53, 54, 59, 60 

Petitions circulated by individuals for hire or reward, under initiative and 

referendum, license to be issued for, . . ... 61 

Plantations, unincorpoi'ated, tax-paying inhabitants may vote for councillors 

and senators, . . . . . . . . . . 14, 15 

Plurality, of offices, . . . . . . . . . . . 32, 37 

of votes, election of civil officers by, ....... 42 

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

blind, . / 52 

Political year begins on the first Wednesday of January, . . . . 38, 66 

Poll tax, payment of, as a prerequisite for voting, provision for, annulled, . 49 
Polls, ratable, census of, .......... 39 

Popular government, rights of, . . . . . . . . 5, 6 

Popular initiative and referendum, ........ 52-62 



96 



INDEX TO THE COXSTITUTIOX, 



Population, congestion of, etc., general court empowered to authorize thi 
taking of land for relieving, ...... 

Postmaster may hold state office, ....... 

Power to submit constitutional amendments and laws to the people for ap 
proval or rejection, ........ 

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

Preamble, emergency laws to contain, ...... 

President of the senate, choice of, ...... . 

to preside at joint session of the two houses on proposed constitutional 
amendments, ......... 

Press, freedom of the, not a subject for initiative or referendum petition. 
Press, liberty of, essential to the security of freedom, .... 

Private association, etc., not to be given credit of the commonwealth, . 
Private property taken for public uses, compensation to be made for, . 
Private property appropriated to public use, right to receive compensation 

for, not a subject for initiative or referendum petition, . 
Private property within public view, advertising on, may be restricted, etc.. 
Privileges, no hereditary, ........ 

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

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

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

Property, right of protection of, ...... . 

no initiative or referendum petition contravening protection, 
income derived from various classes of, rates upon, how levied, 
of historical or antiquarian interest, preservation of, . 
Property qualification, may be increased by the legislature, 

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

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

Propositions, certain, not to be subject of an initiative or referendum pe 
tition, ......... 

Prorogation of the general court, . . . . . . . 

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

Provincial laws, not repugnant to the constitution, continued in force. . 
Public boards and certain officers to make quarterly reports to the governor. 
Public credit, etc., not to be authorized to found, etc., any church, religious 
denomination or society, ....... 

Public debts, contraction of, ....... . 

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

common necessaries of life and shelter during. 
Public libraries, free, appropriations may be made for support of. 
Public notary (see Notary public). 
Public offices, right of people to secure rotation, .... 

all persons having the prescribed qualifications equally eligible, 
Public religious worship, right and duty of, .... . 

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

Public use, right to receive compensation for i)rivate property appropriated 
to, not a subject for initiative or referendum petition, 



50 
37 

52 
3 

58 
16 

55 
53 

8 
64 

6 

53 

62 

5 

27 

22,44 

37 

6 

53 

50,51 
63 
33 
42 
49 

53,59 

20,38 

7 

33 

23 

51 

64, 65 

52 
52 

6 
6 

4,52 
52 

53 



INDEX TO THE CONSTITUTION. 



97 



Public use, in necessaries of life, ..... 

in natural resources, ....... 

in historic sites, etc., ...... 

Public wa.ys and places, advertising on, may be restricted, etc. 
Punishments, cruel and unusual, not to be inflicted, 



PAGB 

52 
62 
63 
62 
9 



Q. 



o office may be increased by the legisla- 



14, 17, 35, 



Quakers may make affirmation, 
Qualification of persons to be elected 

ture. 
Qualification, property, of governor, abolished, 

partially abolished, 
Qualifications, of a voter, 

of governor, 

of lieutenant governor, 

of councillors, . 

of senators, 

of representatives, 

of secretary, treasurer, auditor and attorney-general. 
Qualifications, moral, of officers and magistrates. 
Quartering of troops, ........ 

Quartermasters appointed by commanding officers of regiments, . 
Question, each, on the ballot to be given a number by the secretary 

commonwealth, under the initiative and referendum. 
Quorum, of council, . . . . . . . 

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

of house of representatives, ...... 



45, 47, 
19, 
24, 



17, 



of th(> 

20, 
16, 

18, 



31,36 

33 

49 

42 

48,49 

36,49 

44,49 

42,43 

16,47 

18,46 

44 

8 

9 

22 

61 
25, 43 
47,49 
46,49 



R. 

Rank of councillors, ..... .... 

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

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

Reading and writing, knowledge of, necessary qualifications for voting or 
holding office, ......... 

Rebellion, governor may employ military and naval forces to supi)ress. 
Recall of judges shall not be proposed by initiative petition. 
Recess of general court for not more than thirty days. 
Recess committees or commissions, members of general court not to receive 
salary for service upon, except, etc., ..... 

Records of the commonwealth to be kept in the office of the secretary, 
Re-enactment of certain bills and resolves, ..... 

Referendum (see also Initiative) : 

definition of, ......... . 

time when laws shall take effect, ...... 

exemption of emergency laws, ....... 

governor may cause certain laws to take effect forthwith, 



25 
39 

50,51 

45 
63 
53 
63 

67 
26 
64 

52 
58 
58 
58 



98 



L\DEX TO THE CONSTITUTION. 



Referendum (see also Initiative) : — Concluded. 

grant of certain franchises shall not be declared emergency laws, . 
contents of petitions, ........ 

certain matters excluded from petitions, ..... 

mode of petitioning for suspension of a law, .... 

votes necessary for approval by the people, .... 

petition for repeal of emergency or other active law, 
identification, certification and limitation on signatures, 
general court may regulate abuses arising from circulating petitions for 
hire or reward, ......... 

description and form of question on ballot, ..... 

information for voters to be sent by secretary of the commonwoaltli, 
governor's veto not to extend to measures approved bj' the people, 
general court, subject to governor's veto and referendum, may amend 
or repeal a law approved by the people, .... 

provisions to be self-executing but legislation may be enacted to facilitate 
their operation, ......... 

on acts and resolves of the general court, submission to the people to 
accept or reject annulled, ....... 

Reformatory, etc., publicly controlled, not to deprive an inmate of the oppor 

tunity of religious exercises of his own faith, etc., . 
Register of the council, resolutions and advice to be recorded in, and signed 
by members present, ........ 

Registers of deeds, incompatible offices, ...... 

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

incompatible offices, ......... 

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

no measure that relates to, can be made subject of initiative petition or 
referendum, ......... 

Religious denomination, appropriation of public monej-, etc., not to be made 

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

Religious denominations, equal protection secured to all, ... 5, 39, 51 
Religious institutions or practices, no measure that relates to, can be made 
subject of initiative petition or referendum, .... 

Religious sect or denomination, no subordination of one to another to be 
established by law, ......... 

Religious services or instruction, inmate of a publicly controlled reformatorj-, 

etc., not to be compelled to attend against his will, etc.. 
Religious societies, may elect their own pastors or religious teachers, 

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

Religious society, appropriation of public monej-, etc., not to be made to 
found any. .......... 

Religious undertaking not under exclusive public control, etc., grant of public 
money forbidden to, ........ . 

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



58 
59 
59 
59 
59 
60 
60,61 

01 
61 
61 
62 

62 

62 

50,62 

52 

25 

32,37 

, 22, 44 

32,37 

51 

53,59 



53,59 

5,39 

52 

5,39 

39 



support of the ministry, and erection and repair of houses of worship, 
Remedies by recourse to the law, to be free, complete and prompt. 



52 

51 
4 
4, 5, 39 

7 



INDEX TO THE CONSTITUTION. 



99 



Removal of judges shall not be the subject of an initiative or referendum 

petition, . . . . . . . . . . . 53, 59 

Repeal of an emergency law, etc., petition for referendum on, ... 60 
Representation, fines upon towns to enforce, ...... 17 

Representatives (see House of representatives). 

Residence, change of, not to disqualify voter until six months from time of 

removal, etc., .......... 48 

Residence qualification, of voters, . . . . . . 14, 17, 35, 47 

of senators, ........... 47 

of rejiresentatives, .......... 46 

of governor, ........... 19 

of lieutenant governor, ......... 24 

of councillors, ........... 43 

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

Resolves (see Bills and resolves). 

Resources, natural, of the commonwealth, conservation of, . . . .62 

Retirement of judicial officers forced, ....... 64 

Returns of votes, 14, 19, 20, 43, 44 

Revenue, all, to be paid into the treasury from whatever source collected, 65 

loan for money borrowed in anticipation of receipts from taxes, provision 

for payment from certain, ........ 65 

Revision, of constitution provided for in the year 1795, and subsequently, . 34, 37 
of the statutes, several members of general court may receive salary for 

service upon committee for, ....... 67 

Revocation of charters, franchises and acts of incorporation, ... 64 

Reward, petitions for, circulation of, under initiative and referendum, to be 

regulated by general court, ........ 61 

Right of peaceable assembly not a subject for initiative or referendum peti- 
tion, ............ 53 

Rights, declaration of. ......... . 4-10 

certain individual rights as declared in, not to be subject of an initiative 

or referendum petition, ........ 53 

Rights, water and mineral, the taking of, . . . . . . .62 



s. 

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

from voting on account of non-payment of poll tax, ... 48 
Salary, a stated and honorable, to be established for the governor, . . 23 

permanent and honorable, to be established for the justices of the 

supreme judicial court, and to be enlarged if not sufficient, . . 10, 24 

additional, not to be paid members of general court for service on recess 

committees, except, etc., ........ 67 

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

School moneys not to be appropriated for sectarian schools, etc., . . 44, 52 

School or institution of learning, wherein any denominational doctrine is in- 
culcated, not to be aided, etc., by grant of public money or credit, 51 



100 



INDEX TO THE CONSTITUTION. 



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

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

Search, unreasonable, etc., not a subject for initiative or referendum petition, 

Secret voting to be preserved when compulsory voting is authorized, 

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

November; amended, to be elected biennially, . . . 26, 

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

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

not to be a legislator, ......... 

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, 

vacancy occurring during session of the legislature, filled by joint ballot 

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

vacancy occurring when legislature is not in session, to be filled by gov- 
ernor, by appointment, with advice and consent of council, 
not eligible, unless an inhabitant of the state for five years next preceding 
election or appointment, ........ 

office of, to be deemed vacant if person elected or appointed fails to be 
qualified within ten days, ........ 

records of commonwealth to be kept in office of, . 
maj' appoint deputies, for whose conduct he shall be accountable, . 
to attend governor and council, senate and house, 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 number 
of representatives to which the county is entitled, .... 

duties of, under the initiative and referendum, . 54, 56, 57, 58, 59, 

to exercise powers of governor and lieutenant governor when both offices 

are vacant, ......... 

Sectarian schools not to be maintained at public expense. 
Section of excluded matters under initiative petitions not a subject for initia 
tive amendment, ........ 

Selectmen to preside at town meetings, elections, etc., 
Self-government, right of, asserted, ........ 

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

to consist of forty members, apportionment, etc., ... 13 

to be chosen anmially; amended, to be elected biennially, 

governor and at least five councilloi-s, to examine and count votes, and 

issue summonses to members, ...... 

to be final judges of elections, returns 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 adjourn more than two daj-s at a time, .... 

may, by concurrent vote, take a recess of not more than thirty days, 



PAGE 

33 

7 

53 

64 

43,66 

43,44 

43,66 

32 



44 



36 


44 




44 




44 




26 




26 




26 




33 




45 


60, 


61 


63 


64 


44 


51 




53 




14 




5 


10, 


14 


41 


46 


13, 


66 



15 



15 



15,47 

16,47 

16 

63 



INDEX TO THE CONSTITUTION. 101 



Senate, to choose its officers and establish rules, ...... 16 

shall try all impeachments, . . . . . 16, 18 

quorum of, 16, 47, 49 

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

may require the attendance of the 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 

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

large on records, . . . . ■ . .11 

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

near as may be, an equal number of voters, . . . . 46, 47 

apportionment based upon legal voters, ...... 46 

Sessions, court of, judges and other offices, ...... 37 

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

time of war, public exigency, etc., ...... 52 

Sheriffs, elected by the people of the several counties, . . -21, 22, 44 

incompatible offices, . . . . . . . • • . 32, 37 

Signatures to initiative and referendum, number required, . . 54, 55, 56, 57, 59 

regulation of, by law, . . . . . • • . 60, 61 

in any one county limited, ........ 61 

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

at six shillings and eight pence per ounce, ..... 33 

Society, religious, etc., appropriation of public money, etc., not to be made to 

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

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

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

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

from voting on account of non-payment of poll tax, ... 48 

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

of, ... 51 

Solicitor general, appointment of, . . . . . . . .21 

incompatible offices, . . . . . . . . . . 32, 37 

Special appropriation bills may be enacted after final action on general appro- 
priation bill, etc., ......... 66 

Speaker of the house of representatives, choice of, ..... 18 

Speech, freedom of, not a subject for initiative or referendum petition, . 53 

Standing armies, dangerous to liberty and not to be maintained without con- 
sent of the legislature, ........ 8 

State election, referendum on acts and resolves of the general court at, an- 
nulled, 50, 62 

State or body pohtic, entitled, — The Commonwealth of Massachu- 
setts, 10 

Statutes, general revision of, members of general court may receive salary for 

service upon recess committee to examine, ..... 67 
Streets, etc., taking of land for widening or relocating, powers of the legislature 

concerning, ........•• 49, 50 



102 



INDEX TO THE CONSTITUTION. 



Style, of body politic, ........ 

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

of governor, ... ..... 

of lieutenant governor, ....... 

Subjects, certain, excluded from initiative or referendum petition, 
Succession to vacancy in governorship, ...... 24, 

Supplementary budgets, governor may recommend. 

Supreme judicial court, judges to have honorable salaries fixed by standing 

laws, and to hold office during good behavior, .... 

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

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

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

Suspension of laws, .......... 



4 
11 
19 
24 
53, 59 
25,63 
65 

10, 24 



27 

32, 37 

9 

9,59 



T. 

Tax, payment of, as a prerequisite for voting, provision annulled, 
Tax on income, general court may impose and levy, . 
Taxation, should be founded on consent, .... 

of wild and forest lands, ...... 

moneys raised by, for support of public schools, not to be applied to 
other schools, etc., ........ 

general court shall raise money by, to carry into effect law^s enacted by 
the people, 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, 
money borrowed in anticipation of receipts from, when loan is to be 
paid, ....... 

Tenure, of justices of the supreme judicial court, 

of legislators, .......... 14 

of governor, ....... 

of lieutenant governor, ..... 

of councillors, ....... 

of secretary, treasurer, auditor and attorney-general, 

of notaries public and justices of the peace, 

of judicial officers, ......... 10 

re-eligibility of treasurer, ..... 

that all commission officers shall by law have in their offices shall be 
expressed in their commissions. 
Term of any loan contracted by the commonwealth to be recommended by 
governor, ....... 

Tests abolished, ....... 

Title of body politic, — The Commonwealth of Massachusetts, 



49 

50 

6,9 

50 

51 

53 

9 

12, 50 

13 

65 
10 
16, m 
19, m 
24,66 
25,66 
43,66 
27,35 
26,27 
26, 66 

26 

65 
36 
10 



INDEX TO THE CONSTITUTION. 



103 



PAGE 

Title of governor to be, — His Excellency, ...... 19 

Title of legislature, — The General Court of Massachusetts, . 11 

Title of lieutenant governor to be, — His Honor, ..... 24 

Town, etc., measure or law restricted to a particular, to be excluded from 

proposal by initiative or referendum petition, .... 53 

Town clerk to make record and return of elections, ..... 14 

Town meetings, selectmen to preside at, . . . . . . .14 

Town representation in the legislature, ..... 17, 40, 41, 46 

Towns, may be chartered as cities, when, .... .35 

voting precincts in, .......... 48 

Towns and cities, not to aid certain schools, educational, charitable, religious 

or other institutions with moneys raised by taxation, ... 51 
may provide food andshelter during time of war, public emergency, etc., 52 

may take ancient landmarks, etc., for public use, .... 63 

may limit buildings for certain uses to specified districts, ... 64 
Trading, public, amendment, so-called, ....... 52 

Travelling expenses of members, to general assembly and returning home, once 

in every session, to be paid by the government; and annulled, . 17, 49 

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; amended, to be elected biennially, . . . .26, 43, 66 

to hold office for one year from third Wednesday in January next there- 
after, and until another is chosen and qualified; term of office ex- 
tended to two jears, . . . . . . . . 43, 66 

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

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

election or appointment, ........ 44 

no man eligible more than five years successively; amended, . . 26,66 

no person eligible for more than three successive terms (six years), . 66 

not to be a legislator or congressman, . . . . 32, 37 

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 

vacancy occurring during session of the legislature, filled by joint ballot 

of the legislature from the people at large, ..... 44 

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 
office to be deemed vacant if person elected or appointed fails to be quali- 
fied within ten days, ......... 44 

to exercise powers of governor and lieutenant governor in succession when 

both offices are vacant, . . . . . . . . 63, 64 

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

except, etc., .......... 23 

all monej' received on account of the commonwealth to be paid into 

the,' 65 

certain appropriations of money from, excluded from initiative and 

referendum petitions, ......... 53 



104 INDEX TO THE CONSTITUTION. 

PAGE 

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

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

right of, not a subject for initiative or referendum petition, ... 53 

u. 

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

levied throughout the commonwealth, etc., ..... 50. 51 

United States, commonwealth may borrow money to assist the, in case of 

war, . . . . . . . . . .65 

University at Cambridge, . . . . . 28, 29, 48 

Unreasonable search, bail and the law martial, protection from, not a subject 

for initiative or referendum petition, ..... .53 

Utilization of certain natural resources of the commonwealth, ... 62 

V. 

Vacancy in office of governor, powers to be exercised by lieutenant gov- 
ernor, ........... 24 

Vacancy in offices of both governor and lieutenant governor, jjowers to be 

exercised by the council; amended, .... 25, 26, 63, 64 

powers to be exercised in order of succession by the secretary, attorney- 
general, treasurer and receiver general, and auditor, . . 63, 64 
Vacancy in the council to be filled by the election of a resident of the district 
by concurrent vote of the senate and house; if legislature is not in 
session, to be filled by governor with advice of the council, . 43, 47 
Vacancy in the senate to be filled by election by the people upon the order 

of a majority of senators elected, . . 16, 47 

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 

occurring during session of legislature, filled by joint ballot of legislature 

from people at large, ......... 44 

occurring during recess of legislature, filled by appointment of governor, 

with advice and consent of council, ...... 44 

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

appointment, with advice of council, . . . 36, 44 

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, .13 

Veto power of the governor, . . . 11,62,64,66 

not to extend to measures approved by the i)eopIe, . . .62 

Vote, yea and nay, in each house required upon measures having emergency 

preamble, ........•• 58 

in each house required to enable the commonwealth to borrow money, 

etc., 65 



INDEX TO THE CONSTITUTION. 105 



Voters, qualifications of, at elections for governor, lieutenant governor, sena- 
tors and representatives, . . .• . 14, 17, 35, 45, 47, 48, 49 
not disqualified on account of non-payment of poll tax if they have served 

in the army or navy in time of war, etc., ..... 48 

not disqualified by change of residence until six months from time of 

removal, etc., .......... 48 

male citizens, twenty-one j'ears of age, who have resided in the state one 
year, and within the town or district six months, who have paid a 
state or county tax within two years next preceding the election of 
state officers, and such as are exempted by law from taxation, but 
in other respects qualified, and who can write their names and read 
the constitution in the English language, . . 17, 35, 45 

the basis upon which the apportionment of representatives to the several 

counties is made, . . . . . 45, 46 

basis of ai:)portionment of senators, ....... 46, 47 

census of, to be taken in 1SB5, and every tenth year after, . . . 45, 46 

referendum to, on acts and resolves of the general court (annulled), 50 

specified immber of, may submit constitutional amendments and laws 

to the people for ratification or rejection, etc., .... 52 

number of qualified, required to originate, etc., initiative or referendum 

petition, 54, 55, 56, 57, 59, 60, 61 

information for, to be sent by secretarj' of the commonwealth, under the 

initiative and referendum, ........ 61 

Votes, returns of, ........ . 14, 19, 43, 44 

plurality of, to elect civil officers, ....... 42 

negative, required to disapprove suspension of a law and referendum 

thereon, ........... 60 

Voting, absent, general court to have power to provide for, .... 51 

compulsory, general court to have authority to provide for, ... 64 
machines may be used at elections, ....... 49 

precincts in towns, .......... 48 

w. 

War, commonwealth may borrow money to assist the United States in case 

of, etc., ........... 65 

War tiine, commonwealth, cities and towns may provide food, other common 

necessaries of life, and shelter during, ...... 52 

Water resources and rights, conservation of, etc., ..... 62 

Wild or forest lands, taxation of, ........ 50 

Women changing name may be reappointed notaries public under new 

name, ........... 64 

Women eligible to appointment as notaries public, ..... 64 

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 



106 INDEX TO THE CONSTITUTION. 



Writing and reading, necessary qualifications 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. 

Yea and nay vote, of two thirds members present and voting in each house 

required upon measures having emergency preamble, ... 58 
of two thirds members present and voting in each house required to ena- 
ble the commonwealth to borrow money, etc., .... 65 

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



GEI^ERAL ACTS 

OF 

MASSACHUSETTS 

1919 



!^" The General Court of the year nineteen hundred and nineteen assembled 
on Wednesday', the first day of Januarj\ The oaths of office were taken and 
subscribed by His Excellency Calvin Coolidge and His Honor Channing 
H, Cox, on Thursday, the second day of January, in the presence of the two 
Houses assembled in convention. 



GENERAL ACTS. 



An Act relative to the rate of interest on certain (Jhav. 1 

SECURITIES to BE ISSUED DURING THE CURRENT YEAR. 

Whereas, The finances of the commonwealth require the Emergency 
immediate sale of the securities mentioned in the following preamble. 
act, and it is not possible to sell the same without raising 
the rate of interest thereon as fixed by law, it is accordingly 
hereby declared that the act, being necessary for the im- 
mediate preservation of the public convenience, is an emer- 
gency measure, therefore 

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. Such securities as may be issued during the interest rate 
current year under the provisions of chapter two hundred se"curit'ierissued 
and twenty-one of the General Acts of nineteen hundred ^nd recerver 
and fifteen, for the purpose of meeting the expenditures general. 
therein authorized, shall bear such rate of interest as the 
treasurer and receiver general, with the approval of the gov- 
ernor and council, may determine. 

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

Ajiproved January 28, 1919. 



Chap. 



An Act relative to the interest on bonds issued to 
provide for the completion of certain authorized 
improvements in the metropolitan water works. 

Whereas, The finances of the commonwealth require the Emergency 
immediate sale of the securities mentioned in the following P'^«'*™t>''^- 
act, and it is not possible to sell the same without raising the 
rate of interest thereon as fixed by law, it is accordingly 
hereby declared that the act, being necessary for the im- 
mediate preservation of the public convenience, is an emer- 
gency measure, therefore 



General Acts, 1919. — Chap. 3. 



1918, 157 (G), 
amended. 



Rate of inter- 
est on bonds 
issued for 
completion of 
certain au- 
thorized im- 
provements in 
metropolitan 
water works. 



Be it enacted, etc., as follows: 

Section 1. Chapter one hundred and fifty-seven of the 
General Acts of nineteen hundred and eighteen is hereby 
amended by adding at the end thereof the words : — The 
rate of interest to be paid under the provisions of this act 
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: — The treasurer and receiver general, 
in order to provide for the increased cost of constructing a 
line for the transmission of electricity between the power sta- 
tion at the Wachusett dam in Clinton and the power station 
at the Sudbury dam in Southborough, to relocate and con- 
nect 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 commonwealth and under its seal, to an amount not ex- 
ceeding four thousand dollars, said sum being the amount of 
the unexpended balance of six hundred thousand dollars 
authorized by chapter six hundred and ninety -four of the acts 
of nineteen hundred and twelve. The rate of interest to be 
paid under the provisions of this act 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. 

Ayyroved January 28, 1919. 



Chap. 3 



Emergency 
preamble. 



An Act relative to the rate of interest on bonds 

ISSUED TO provide FURTHER FOR THE PROTECTION OF THE 
PUBLIC HEALTH IN THE VALLEY OF NEPONSET RIVER. 

Whereas, The finances of the commonwealth require the 
immediate sale of the securities mentioned in the following 
act, and it is not possible to sell the same without raising 
the rate of interest thereon as fixed by law, it is accordingly 
hereby declared that the act, being necessary for the immedi- 
ate preservation of the public convenience, is an emergency 
measure, therefore 



General Acts, 1919. — Chap. 4. 

Be it enacted, etc., as follows: 

Section 1. Section one .of chapter one hundred and P/^amencSd 
eighty-two of the General Acts of nineteen hundred and 
eighteen is hereby amended by adding at the end thereof 
the words: — The rate of interest to be paid under the pro- 
visions of this act 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. In Rate of inter- 
addition to the sums authorized to be expended by chapter fs^sued to" ^ 
six hundred and fifty-five of the acts of nineteen hundred protectlo^n'^of 
and eleven, chapter ninety-one of the resolves of nineteen fn^vaTiey^o/^ 
hundred and thirteen, chapter one hundred and forty-three Neponset 
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 and repaid in accordance with the 
provisions of section five of said chapter six hundred and 
fifty-five. The rate of interest to be paid under the provi- 
sions of this act 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 January 28, 1919. 



Chap. 



An Act to authorize cities and towns to appropriate 
money to celebrate the return of soldiers and 

SAILORS. 

Whereas, There is need of a law authorizing cities and Emergency 

. p 1 p 1 preamble. 

towns to appropriate money at once tor the purpose or cele- 
brating the return of soldiers and sailors from the present 
war, and 

Whereas, Any delay in the taking effect of such a law 
would greatly inconvenience the public; accordingly the 
following act is declared to be an emergency measure, as 
being necessary for the immediate preservation of the public 
convenience, therefore 



6 



General Acts, 1919. — Chaps. 5, 6. 



Cities and 
towns may 
appropriate 
money to 
celebrate 
return of 
soldiers and 
sailors. 



Be it enacted, etc., as follows: 

Section 1. Cities and towns may appropriate money 
to celebrate the return of soldiers and sailors now or late in 
the service of the United States. 

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

Approved January 31, 1919. 



Chap. 5 An Act to postpone the taking effect of chapter two 

HUNDRED AND FIFTY-SEVEN OF THE GENEK\L ACTS OF 
NINETEEN HUNDRED AND EIGHTEEN, MAKING CERTAIN 
SUBSTANTIVE CORRECTIONS IN EXISTING LAWS. 



Emergency 
preamble. 



Whereas, An emergency exists requiring the passage of a 
law to postpone the taking effect of chapter two hundred 
and fifty-seven of the General Acts of nineteen hundred and 
eighteen, beyond the first day of February, nineteen hundred 
and nineteen, and the passage of such law is necessary for the 
immediate preservation of the public convenience, in that 
said chapter two hundred and fiftj^-seven was intended to 
take effect as a part of the new consolidation and arrange- 
ment of the General Laws, which cannot be completed on or 
before February first, nineteen hundred and nineteen; now, 
therefore 



1918, 257 (G), 
§ 478, etc., 
amended. 



Be it enacted, etc., as follows: 

Section 1. Chapter two hundred and fifty-seven of the 
General Acts of nineteen hundred and eighteen, as amended 
by chapter two hundred and eighty-five thereof, is hereby 
further amended by striking out section four hundred and 
Time of taking sevcuty-eight and substituting the following: — Section Jfl'8. 
This act shall take effect on the first day of February, nine- 
teen hundred and twenty. 
Section 2. This act shall take effect upon its passage. 

Approved January 31, 1919. 



Chap. 6 An Act relative to the rate of interest on bonds 

ISSUED TO PROVIDE AN ADDITIONAL WATER SUPPLY FOR 
THE TOWNS OF WATERTOWN AND BELMONT. 



Emergency 
preamble. 



Whereas, The finances of the commonwealth require the 
immediate sale of the securities mentioned in the following 
act, and it is not possible to sell the same without raising the 
rate of interest thereon as fixed b.y law, it is accordingly 



General Acts, 1919. — Chap. 7. 'i 

hereby declared that the act, being necessary for the im- 
mediate preservation of the public convenience, is an emer- 
gency measure, therefore 

Be it enacted, etc., as follows: 

Section 1. Section two of chapter one hundred and §^2^'a,mIn(Sd 
seventy-seven of the General Acts of nineteen hundred and 
eighteen is hereby amended by adding at the end thereof the 
words : — The rate of interest to be paid under the provisions 
of this act shall be such as the treasurer and receiver general, 
with the approval of the governor and council, may deter- 
mine. The bonds issued under this act shall be designated 
on the face thereof Metropolitan Water Loan, — so as to 
read as follows: — Section 2. To meet expenses incurred ^fon^londs' 
hereunder, the treasurer and receiver general shall, from issued to 

.. , (••11 111* provide an 

time to time, issue, upon the request oi said board, bonds in additional 
the name and behalf of the commonwealth to an amount for watotown 
not exceeding one hundred and fifteen thousand dollars in ^^ emont. 
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 addi- 
tion thereto, and the provisions of said chapter and acts shall 
apply to the loan hereby authorized. The rate of interest to 
be paid under the provisions of this act shall be such as the 
treasurer and receiver general, with the approval of the 
governor and council, may determine. The bonds issued 
under this act shall be designated on the face thereof Metro- 
politan Water Loan. 
Section 2. This act shall take effect upon its passage. 

Approved February 4, 1919. 



Chap. 



An Act relative to sittings of the probate court for 
the county of middlesex. 

Be it enacted, etc., a^ follows: 

Chapter one hundred and thirty-four of the acts of nine- Repeal. 
teen hundred and fourteen, providing for sessions of the 
probate court in the town of Framingham, is hereby repealed. 

Approved February 7, 1919. 



8 



General Acts, 1919. — Chaps. 8, 9, 10. 



Certain pro- 
visions of law 
suspended. 



Penalty. 



Chap. 



Chap. 8 An Act to prohibit the taking of alewives in the 

WEWEANTIT RIVER FOR A PERIOD OF FIVE YEARS. 

Be it enacted, etc., as folloivs: 

Svilrom Section 1. It shall be unlawful to take or assist in 
proS^.""^^' taking from the Weweantit river or its tributaries any ale- 
wives between the first day of April, nineteen hundred and 
nineteen and the first day of April, nineteen hundred and 
twenty-four. 

Section 2. The provisions of law now in force, by which 
the fish committees of the towns of Wareham, Rochester 
and Carver are required annually in the month of IMarch to 
give notice to the town clerks, and to sell at public auction 
the right to take alewives at certain times and at certain 
places in the Weweantit river, are hereby suspended for the 
period of five years from the passage of this act. 

Section 3. Violation of the provisions of this act shall 
be punished by a fine of one hundred dollars for each oft'ence. 

Approved February 17, 1919. 

9 An Act relative to exemption from the payment op 

POLL taxes of persons IN THE MILITARY OR NAVAL SERV- 
ICE OF THE UNITED STATES. 

Be it enacted, etc., as follows: 

Chapter forty-nine of the General Acts of nineteen hun- 
dred and eighteen is hereby amended by striking out section 
one and substituting the following : — Section 1 . Inhabit- 
ants of this commonwealth who were engaged in the military 
or naval service of the United States in the present war 
before the passage of this act, and those who hereafter en- 
gage in said service during said war, 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, and thereafter up to and including 
the year of their discharge. 

Approved February 17, 1919. 

Chap. 10 An Act to authorize the issue of licenses for the sale 

OF INTOXICATING LIQUORS FOR ANY PART OF THE LICENSE 
YEAR BEGINNING IN NINETEEN HUNDRED AND NINETEEN. 

preambi^*!^ Whcrcas, The granting of licenses to sell intoxicating 

liquors during the current year has been authorized by some 
municipalities, and may be authorized by others, and such 



1918, 49 (G), 
§ 1, amended. 



Persons in 
war service 
exempt from 
payment of 
poll taxes for 
1917, etc. 



General Acts, 1919. — Chap. 10. £ 

licenses begin to run on May first, and application therefor 
must be made in March or April ; and 

Whereas, The sale of intoxicating liquors after July first, 
nineteen hundred and nineteen, has, by an act of congress, 
been made illegal for a period to be determined by the presi- 
dent of the United States; and 

]]liercas, In order to carry out the will of the people in the 
cities and towns which vote to issue licenses as aforesaid, 
it is necessary to make provision for the issue of licenses 
therein for those periods of the coming license year during 
which the sale of intoxicating liquors is not prohibited by act 
of congress; accordingly the following act is hereby declared 
to be an emergency measure, necessary for the immediate 
preservation of the public convenience, therefore 

Be it enacted, etc., as follows: 

Section 1. The licensing authorities in cities and towns Licenses for 
which vote or have voted to issue licenses for the sale of cattifi Hq^uors 
intoxicating liquors during the license year which begins on SranyparT^ 
the first day of May, nineteen hundred and nineteen, may '^^ ''<=®'^^® y^^- 
issue such licenses for any such part of the said license year, 
and may subsequently extend the same for any such other 
part of the said license year, as the sale of intoxicating liquors 
may not be prohibited under the provisions of federal law. 
Licenses so extended shall be called renewal licenses. A Renewal 
renewal license shall not be considered, under the provisions 
of section thirteen of chapter one hundred of the Revised 
Laws, as licensing a place for the sale of intoxicating liquors 
in addition to the place specified in the license which is re- 
new^ed. The provisions of sections fourteen and fifteen of 
the said chapter one hundred shall not apply to renewal 
licenses. 

Section 2. Fees for licenses issued under the provisions Fees, how 
of section one hereof shall be fixed by the licensing authority dfsposed^of. 
upon a monthly basis, and the fee for a month, or any part 
thereof, shall not be less than one twelfth of the minimum 
yearly rate prescribed by section nineteen of chapter one 
hundred of the Revised Laws. License fees collected under 
the provisions of this act shall be disposed of in accordance 
with existing laws. 

Section 3. The provisions of this act shall not apply Provisions of 
to licenses of class six or class seven. ^pfv to°cer- 

Section 4. This act shall take effect upon its passage, tain licenses. 

Apjjroved February 19, 1919. 



10 



General Acts, 1919. — Chaps. 11, 12. 



190S, 590, § 46, 
etc., amended. 



Chap. 11 ^^ ^^^ '^^ INCREASE THE IVIAXIMUM AMOUNT WHICH MAY 

BE DEPOSITED IN SAVINGS BANKS. 

Be it enacted, etc., as follows: 

Chapter five hundred and ninety of tlie acts of nineteen 
hundred and eight, as amended by section seven of chapter 
four hundred and ninety-one of the acts of nineteen hundred 
and nine and by chapter one hundred and forty-four of the 
General Acts of nineteen hundred and seventeen, is hereby 
further amended by striking out section forty-six and sub- 
stituting the following : — Section 4O. Such corporation may 
receive on deposit from any person not more than two thou- 
sand dollars; and may allow interest upon such deposits, 
and upon the interest accumulated thereon, until the prin- 
cipal, with the accrued interest, amounts to four thousand 
dollars; and thereafter upon no greater amount than four 
thousand dollars; but the provisions of this section shall not 
apply to deposits by a religious or charitable corporation or 
labor union, or credit union, or in the name of a judge of 
probate, or by order of any court, or on account of a sinking 
fund of a city or town in this commonwealth or of any trust 
fund held by a city or town for public uses. 

Approved February 20, 1919. 



Maximum 
amount of 
deposits in 
savings banks 
increased. 



Chap. 12 An Act relative to the signing of tax warrants. 
Be it enacted, etc., as follows: 



1909, 490, 
Part II, 
§ 32, etc., 
amended. 



Warrant of 
collector for 
distraint of 
property. 



Section thirty-two of Part II of chapter four hundred and 
ninety of the acts of nineteen hundred and nine, as amended 
by chapter two hundred and thirty-seven of the acts of nine- 
teen hundred and thirteen, is hereby amended by adding 
at the end thereof the following: — A w^arrant issued under 
this section may be signed by the collector of taxes or his 
deputy; and, if the warrant is sealed by an impression seal, 
a facsimile of the signature of the collector shall have the 
same validity as his written signature, — so as to read as 
follows : — Section 82. If a tax assessed upon a person re- 
mains unpaid for fourteen days after demand therefor, the 
collector may issue his warrant to the sheriffs of the several 
counties, or their deputies, or to any constable or deputy 
collector of taxes of any city or town, directing them and each 
of them to distrain the property or take the body of the per- 
son assessed and to proceed as required of collectors in like 



General Acts, 1919. — Chap. 13. 11 

cases; but a collector of taxes who issues a warrant for the 
arrest of a person for non-payment of taxes, or the officer 
to whom he commits the warrant, may at his discretion, 
after the service of the warrant, allow such person to go free 
for a period not exceeding fourteen days after said service, 
at which time, if said person does not pay his tax with all 
fees and charges due thereon, including one dollar for service 
of said warrant and five cents for each mile travelled by said 
officer in the performance of said collection, the said officer 
shall then arrest the said person on the aforesaid warrant, 
and commit him to the jail of that county. The warrant 
shall run throughout the commonwealth, and any officer to 
whom it is directed may serve it and apprehend the person 
in any county. A warrant issued under this section may be signing of 
signed by the collector of taxes or his deputy; and, if the ^^''''^"ts. 
warrant is sealed by an impression seal, a facsimile of the 
signature of the collector shall have the same validity as his 
written signature. Approved February 20, 1919. 

An Act kelative to investments of savings banks and /^z,^^ io 
institutions for savings. ^ 

Whereas, The immediate passage and operation of the Emergency 
following act relative to the investments of savings banks are p^'^'*'"'^^''- 
required by the public interest, the deferred operation of 
which under the provisions of the constitution would result 
in substantial public inconvenience, therefore the same is 
declared to be an emergency law, necessary to the preserva- 
tion of the public convenience. 

Be it enacted, etc., as foUoios: 

Section 1. The clause entitled "Third" of section jgog, 590, § es, 
sixty-eight of chapter five hundred and ninety of the acts amendeZ*"^' ' 
of nineteen hundred and eight is hereby amended by adding 
at the end thereof the following paragraph: — 0. Railroad Railroad 
bonds, which were legal investments for savings banks at become"?iieg"ai 
the time when the government of the United States, under bTreason"o^ 
the act of congress approved March twenty-first, nineteen r£froad"by 
hundred and eighteen, took over the operation of the rail- government. 
roads issuing such bonds, shall not become illegal investments 
by reason of the operation of the railroads by the federal 
government. The time during which any such railroad is 
operated by the federal government shall be excluded, includ- 
ing the year in which the government operation ends, in 



12 



General Acts, 1919. — Chap. 14. 



Proviso. 



determining the compliance of any such railroad with the 
provisions of this section: provided, Juncever, that in case a 
railroad corporation the mortgage bonds of which would 
become legal for investment under sub-division e of this 
section upon its compliance with the requirements of said 
sub-division, shall have complied with the requirements of 
said sub-division during the two years or more next preced- 
ing January first, nineteen hundred and eighteen, such 
railroad corporation shall be deemed to have complied with 
the requirements of said sub-division during the period of 
the government operation of its railroad, including the year 
in which such government operation ends, in computing the 
time of compliance with the requirements of said sub-divi- 



sion. 



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

Approved February 21, 1919. 



Chap. 14 An Act relative to the civil service status of persons 

DISCHARGED FROM THE MILITARY OR NAVAL SERVICE OF 
THE UNITED STATES OR RELIEVED FROM ACTIVE DUTY 
THEREIN. 



Emergency 
preamble. 



R. L. 19, § 25, 
etc., amended. 



Reinstatement 
of certain 
persons in the 
classified 
public 
service, etc. 



Whereas, Chapter one hundred and sixty of the General 
Acts of nineteen hundred and eighteen which provides for 
restoring to their civil service status persons honorably 
discharged from the military or naval service of the United 
States, does not provide for persons relieved but not dis- 
charged from the naval service, therefore the following act 
to correct this unintended inequality is hereby declared to 
be an emergency measure necessary for the immediate pres- 
ervation of the public convenience. 

Be it enacted, etc., as follows: 

Section 1. Chapter nineteen of the Revised Laws, as 
amended by section one of chapter one hundred and sixty of 
the General Acts of nineteen hundred and eighteen, is hereby 
further amended by striking out section twenty-five and sub- 
stituting the following : — Section 25. Any person who re- 
signs from or leaves the classified public service of the com- 
monwealth or of any city or town therein or who is dis- 
charged, suspended or granted a leave of absence therefrom, 
for the purpose of serving in the military or naval forces of 
the United States in time of war, and who so serves, shall, 
if he so requests of the appointing authority within one year 



General Acts, 1919. — Chap. 15. 13 

after his honorable discharge from such military or naval 
service or release from active duty therein, 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 
reemployed, 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 Certain 
to fill vacancies caused by the military or naval service of the Ippo"ntments 
former incumbent shall be temporary only, and no tem- temporary 
porary appointment heretofore made to fill any such vacancy ""^^y- 
shall be made permanent during the present war or until 
the expiration of one year thereafter. 

Section 2. Said chapter one hundred and sixty is hereby i9i8, leo (G), 
further amended by striking out section two and substitut- ' '^'°^° 
ing the following : — Section 2, A person whose name is on Suspension 
any eligible list or register of the civil service commission at list, etc. 
the time of his 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 or release from active duty therein, his name shall be 
restored thereto for the remainder of his period of eligibility, 
provided that he files with the civil service commission the Proviso. 
certificate of a registered physician that he is not physically 
disabled or incapacitated for the position. 

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

Approved February 21, 1919. 



Chap. 15 



An Act relative to annual expenditures for instruc- 
tion OF THE .ADULT BLIND AT THEIR HOMES. 

Be it enacted, etc., as follows: 

Section one of chapter two hundred and one of the General i9i6, 201 (O, 
Acts of nineteen hundred and sixteen, as amended by section amended. 
one of chapter fifty-five of the General Acts of nineteen 
hundred and eighteen, is hereby further amended by striking 
but the words "seventy-five hundred dollars", in the fourth 
line, and substituting the words: — such sum as the general 
court may annually appropriate, — so as to read as follows: 



14 



General Acts, 1919. — Chaps. 16, 17, 18. 



Instruction of 
adult blind at 
their homes. 



— Section 1 . The Massachusetts commission for the bhnd 
may provide for the instruction of the adult bUnd at their 
homes. The commission may expend annually for this pur- 
pose such sum as the general court may annually appro- 
priate and shall include with its other estimates of needed 
appropriations a detailed estimate of the proposed expendi- 
tures. Ajpjproved February 21, 1919. 



Chap. 16 An Act to dispense with certain statements in the 

ANNUAL reports OF SAVINGS BANKS. 

Be it enacted, etc., as follows: 

^"P^^^- Section thirty-eight of chapter five hundred and ninety 

of the acts of nineteen hundred and eight, as amended by 
chapter sixty-two of the General Acts of nineteen hundred 
and fifteen, is hereby repealed. 

Approved February 27, 1919. 



Chap. 17 An kci relative to the time for taking appeals in 

PROBATE PROCEEDINGS. 

Be it enacted, etc., as follows: 

Section 1. Notice of all appeals from all orders, sen- 
tences, decrees or denials of a probate court shall be filed in 
the registry of probate and the appeal shall be entered in the 
supreme judicial court or in the superior court, as the case 
may be, within twenty days after the act appealed from. 

Section 2. This act shall apply only to orders, sen- 
tences, decrees or denials entered on or after January first, 
nineteen hundred and twenty. , 

Approved February 28, 1919. 



Time for 
taking appeals 
in probate 
proceedings. 



To what 
orders, etc. 
act shall 
apply. 



Chap. 18 An Act to establish the military rank of the adjutant 

GENEIL\L. 

Be it enacted, etc., as folloivs: 

Section twenty-two of Part I of chapter three hundred 
and twenty-seven of the General Acts of nineteen hundred 
and seventeen is hereby amended by striking out the word 
"colonel", in the third line, and substituting the words: — 
brigadier general, — so that the said line will read as fol- 
lows: — One adjutant general with the grade of brigadier 
general; Approved February 28, 1919. 



1917, 327 (G), 
Part I, § 22, 
amended. 



Military rank 
•of adjutant 
general. 



General Acts, 1919. — Chaps. 19, 20. 15 



An Act relative to the payment of insurance premiums Chap. 19 

TO AGENTS OR BROKERS. 

Be it enacted, etc., as follous: 

Chapter five hundred and seventy-six of the acts of nine- i907, 576, § 96, 
teen hundred and seven is hereby amended by striking out ''"^" 
section ninety -six and substituting the following: — Section Payment of 
96. An insurance agent or broker who acts for a person premfumsto 
other than himself in negotiating, continuing or renewing b?okers°'^ 
any contract of insurance shall, for the purpose of recei^'ing 
any premium therefor, be held to be the agent of the com- 
pany, whatever conditions or stipulations may be inserted 
in the policv or contract. An agent or broker who know- Penalty for 

iii.-iT.'" ,,• , fraudulent 

ingly procures by fraudulent representations payment, or representa- 
the obligation for the payment, of any premium on an insur- 
ance policy shall be punished by a fine of not less than one 
hundred nor more than one thousand dollars, or by imprison- 
ment for a term not exceeding one year. 

Approved February 28, 1919. 



An Act relative to expenditures by heads of depart- (JJiqj) 20 
ments and other officials of the commonwealth in 
advance of appropriations. 

WJiereas, There is no law in force authorizing the various Emergency 
departments of the commonwealth to expend money for '^^'^^^ 
current expenses in anticipation of the annual appropriation 
therefor, therefore the following act is hereby declared to 
be an emergency measure necessary for the immediate pres- 
ervation of the public health, safety and convenience. 

Be it enacted, etc., as follows: 

Section 1. Boards, commissions, officers and officials Expenditures 
having charge or supervision of expenditures in behalf of commbsions, 
the commonwealth may continue expenditures in each year moAwL'itMn 
at the rate of the appropriation authorized for the preceding appropriations. 
year until the general court makes an appropriation therefor 
or otherwise provides. 

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

Approved March 5, 1919. 



16 



General Acts, 1919. — Chaps. 21, 22. 



1912. 503, § 1, 
etc., amended. 



Pensioning of 
laborers in 
employ of 
cities and 
towns, etc. 



Chap. 21 An Act relative to the pensioning of laborers in the 

EMPLOY OF cities AND TOWNS. 

Be it enacted, etc., as folloivs: 

Section one of chapter five hundred and three of the 
acts of nineteen hundred and twelve, as amended by chapter 
forty-seven of the General Acts of nineteen hundred and 
fifteen, is hereby further amended by striking out the word 
"average", in the fifteenth line, and by striking out the 
words "during the two years next prior to", in the sixteenth 
line, and substituting the words : — at the time of, — so as 
to read as follows : — Section 1 . Any laborer in the employ 
of a city or town which accepts this act, who has reached the 
age of sixty years and has been in such employ for a period 
of not less than twenty-five years and has become physically 
or mentally incapacitated for labor, and any laborer in the 
employ of such city or town who has been in such employ 
for a period of not less than fifteen years and has become 
physically or mentally incapacitated for labor by reason of 
any injury received in the performance of his duties for 
such city or town may, at his request, and in cities, with the 
approval of the mayor, or in towns, with the approval of the 
selectmen, be retired from service, and if so retired he shall 
receive from the city or town for the remainder of his life, 
an annual pension equal to one half of the annual com- 
pensation paid to him as a laborer at the time of his re- 
tirement. Any laborer in the employ of such a city or town 
who has reached the age of sixty-five years and has been in 
such employ for a period of not less than twenty-five years 
including the time when incapacitated by reason of sick- 
ness, not exceeding two years in the aggregate, which is 
certified by a physician in regular standing shall be retired 
from service and shall receive from the city or town an 
annual pension computed in the manner hereinbefore set 
forth. Approved March 5, 1919. 



Chap. 22 An Act to authorize the granting of special licenses 

AS HAWKERS AND PEDLERS TO DISABLED VETERANS OF 
THE PRESENT WAR. 

Whereas, There are many disabled soldiers and sailors, 
honorably discharged from the service of the United States, 
who need and are unable to find employment, accordingly 



Emergency 
preamble. 



General Acts, 1919. — Chap. 23. 17 

the following act for their benefit is hereby declared to be an 
emergency measure necessary for the immediate preserva- 
tion of the public convenience. 

Be it enacted, etc., as follows: 

Section 1. The commissioner of standards may grant Commissioner 
without fee, upon proof of identity a special state or county mayTrant '^ 
license to act as hawker or pedler, subject otherwise to the Is'hawker's"''''^ 
provisions of chapter sixty-five of the Revised Laws, and dlslbi^''*'^'' '° 
amendments thereof, to anv soldier or sailor resident in this veterans of 

, , , ■. present war. 

commonwealth who served m the army or navy of the United 
States during the present war and received an honorable 
discharge or release therefrom, and who is wholly or partly 
disabled by reason of wounds or injury received or disease 
contracted, during such service. 

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

Approved March G, 1919. 



An Act to reqitire cities, towns and districts to notify QJian 23 

THE DIRECTOR OF THE BUREAU OF STATISTICS OF THE 
authorization and ISSUE OF LOANS. 

Be it enacted, etc., as follows: 

Whenever the government of a city, town or district votes cities, towns 
to authorize the incurrence of indebtedness, it shall be the req'lfred'^to'' 
dutv of the citv, town or district clerk, as the case mav be. "P^vi^^ director 

• . • ' 1 1 p 1 • ' 01 bureau ot 

withm lorty-eight hours alter the vote becomes effective, to statistics of 
furnish the director of the bureau of statistics with a copy tion and issue 
thereof; and whenever a loan is issued by a city, the city ** 
treasurer shall notify the director of the bureau of statistics 
of the amount and purpose of the loan, and shall state whether 
it be in the form of bonds or notes; and whenever a loan is 
issued by a town or district in the form of bonds, the treasurer 
thereof shall notify the said director of the amount and 
purpose of the loan. City, town and district treasurers shall 
also furnish the said director, upon request, with any other 
information in respect to the authorization or issue of loans 
which he may require, to enable him to keep a complete and 
accurate record of indebtedness authorized or incurred by 
the cities, towns and districts of the commonwealth. 

Approved March 7, 1910, 



18 



General Acts, 1919. — Chaps. 24, 25. 



Chap. 24 An Act discontinuing the publication of the book of 

RULES AND OTHER MATTERS FOR THE GENERAL COURT. 

Be it enacted, etc., as foUoics: 

Section nine of chapter nine of the Revised Laws is hereby 
amended by striking out the words "Of a book containing 
the rules of the two branches of the general court, with notes 
of rulings of the presiding officers, and a list of members and 
committees of the general court, in a form convenient for 
pocket use, seven hundred copies, of which three hundred 
and fifty copies shall be bound in memorandum book form 
for the use of members and officers of the general court", in 
the seventh to twelfth lines inclusive. 

Approved March 7, 1919. 



R. L. 9, § 9, 
amended. 
Publication of 
book of rules, 
etc., for 
general court 
discontinued. 



Private 
secretaries and 
assistants to 
governor, 
appointment 
of, etc. 



Executive 
secretary , 
stenographer 
and messengers, 
appointment 
of, etc. 



Chap. 25 An Act relative to certain positions and salaries in 

THE executive DEPARTMENT OF THE COMMONWEALTH. 

Be it enacted, etc., as follows: 

Section 1. The governor may appoint a private secre- 
tary, an assistant private secretary, and such other assistants 
as may be necessary, who shall hold office during the pleasure 
of the governor and shall receive such annual salaries as may 
be approved by the council, not exceeding the sum annually 
appropriated therefor by the general court. 

Section 2. The governor, with the advice and consent 
of the council, may appoint an executive secretary, a stenog- 
rapher, a messenger and an assistant messenger, each of whom 
shall hold office during the pleasure of the governor and 
council and shall perform the duties required of him by the 
governor or by the governor and council. They shall receive 
such annual salaries as may be fixed by the governor and coun- 
cil, not exceeding the sum annually appropriated therefor 
by the general court. 

Section 3. Section five of chapter four of the Revised 
Laws, as amended by chapter one hundred and fifty-eight 
of the acts of nineteen hundred and fourteen and by section 
two of chapter two hundred and fifty-seven of the General 
Acts of nineteen hundred and eighteen; section six of the 
said chapter four as amended by chapter five hundred and 
twenty-three of the acts of nineteen hundred and two, 
chapter two hundred and sixty-eight of the acts of nineteen 
hundred and four, chapter one hundred and nine of the acts 



Repeals. 



General Acts, 1919. — Chaps. 26, 27 19 

of nineteen hundred and six, and chapters four hundred and 
ninety-seven and five hundred and seven of the acts of nine- 
teen hundred and eight; and section seven of said chapter 
four as amended by section three of chapter two hundred 
and fifty-seven of the General Acts of nineteen hundred and 
eighteen, are hereby repealed. 

Approved March 7, 1919. 



An Act to prohibit unlicensed persons from advertis- QfiQ^ry 26 

ING AS insurance AGENTS, BROKERS OR ADJUSTERS. 

Be it enacted, etc., as follows: 

Whoever, not being duly licensed as an insurance agent or Advertising as 
broker, or as an adjuster of fire losses, represents or holds agentrbrokers, 
himself out to the public as being such an agent, broker or ^^[[^l^^^ 
adiuster, or as being engaged in the insurance business, by persons 

J ni • ^ • ^ 1 11' prohibited. 

means of advertisements, cards, circulars, letterheads, signs 
or other methods, or whoever, being duly licensed as such 
agent, broker or adjuster, advertises as aforesaid, or carries 
on such business, in any other name than that stated in the 
license, shall be punished by a fine of not less than ten nor Penalty. 
more than one hundred dollars. 

Approved March 7, 1919. 



An Act relative to the duties of members of boards (jfiav. 27 
OF health acting as inspectors of slaughtering. 

Be it enacted, etc., as follows: 

Chapter seventy-five of the Revised Laws, as amended by r. l. 75, § 102, 
section four of chapter two hundred and ninety-seven of ^ ^" '^'"^" 
the acts of nineteen hundred and eleven, is hereby further 
amended by striking out section one hundred and two and 
substituting the following: — Section 102. Such inspector, Duties and 
or member of a board of health acting as such inspector, as i^sp^tofs of 
has been appointed by the board of health shall be present at ^nd mlnVbew 
all licensed slaughter houses or establishments upon the days heaiXfctilg 
designated for slaughter by the licensee, as provided in the as inspectors. 
preceding section, and there carefully examine the carcasses 
of all animals at the time of slaughter. Such inspection shall 
be made in such manner and under such rules and regulations 
as the state department of health may determine and direct. 
If, in the opinion of an inspector, or member of a board of 
health acting as such inspector, any carcass, or any meat 



20 



General Acts, 1919. — Chaps. 28, 29. 



or product thereof is diseased, corrupted, unwholesome or 
unfit for food, he shall seize it and cause it to be destroyed, as 
provided in section seventy of chapter fifty-six, and amend- 
ments thereof. Approved March 12, 1919. 



Chap. 28 ^N ^^^'^ RELATIVE TO THE COLD STORAGE OF ARTICLES OF 

FOOD. 

Be it enacted, etc., as follows: 

Chapter six hundred and fifty-two of the acts of nineteen 
hundred and twelve, as amended by chapter one hundred 
and forty-nine of the General Acts of nineteen hundred and 
seventeen, is hereby further amended by striking out sec- 
tion three and substituting the following: — Section 3. No 
article of food intended for human consumption shall be 
placed in, or retained in, cold storage if deemed by the state 
department of health to be diseased, tainted or otherwise 
unwholesome. It shall be the duty of the said department 
to inspect and supervise all cold-storage or refrigerating 
warehouses in this commonwealth, and to make such in- 
spection of the entry or retention of articles of food therein 
as it may deem necessary to secure proper enforcement of 
this act. The members of the department, or its duly au- 
thorized agents, inspectors or employees, shall be permitted 
access to such establishments and all parts thereof at all 
reasonable times for purposes of such inspection and enforce- 
ment, or for the enforcement of any other pro^•ision of law 
relating to food products. The department may also ap- 
point and designate such person or persons as it deems 
qualified to make the inspections herein required. 

Approved March 12, 1919. 



1912, 652, § 3, 
etc., amended. 



Certain 
articles of 
food not to be 
placed in cold 
storage. 



Duties of state 
department 
of health. 



Chap. 29 An Act relative to the issi e by the insurance commis- 
sioner OF certificates for use in court. 

Be it enacted, etc., as follows: 

Section seventeen of chapter five hundred and seventy- 
six of the acts of nineteen hundred and seven is hereby 
amended by striking out the second paragraph and sub- 
stituting the following: — He shall furnish, when required 
for evidence in court, certificates under the seal of the de- 
partment relative to the authority of an insurance agent, 
broker or company, or an adjuster of fire losses, or a fraternal 



1907, 576, § 17, 
amended. 



Insurance 
commissioner 
to furnish 
certificates 
relative to 
authority of 



General Acts, 1919. — Chaps. 30, 31. 21 

beneficiary corporation to transact business in this common- insuranco 
wealth on any particular date or for any specified period, plo'ies! et".V 
Such certificates shall be received by the courts in lieu of the c°u"t^^^ '° 
testimony of the insurance commissioner or his representa- 
tive. Approved March 12, 1910. 

An Act relative to the filing of schedules of jieal (JfiQjj 30 

ESTATE MORTGAGES BY INSURANCE COMPANIES. 

Be if enacted, etc., as follows: 

The insurance commissioner may, in his discretion, Exemption of 
exempt insurance companies from filing, with their annual companies 
statements, schedules of mortgage loans on real estate as schedule" of 
now recjuired by section one hundred and one of chapter five ^[tg^^ges 
hundred and seventy-six of the acts of nineteen hundred and 
seven, and may as a substitute recjuire such other information 
in respect to such investments as from time to time he shall 
deem to be essential for determining their soundness as 
assets. Approved March 12, 1919. 



An Act relative to the determination of sound value (Jfidy 31 

UNDER POLICIES OF FIRE INSURANCE. 

Be it enacted, etc., as follows: 

Section sixty of chapter five hundred and seventy-six of etcI'imeJded. 
the acts of nineteen hundred and seven, as amended by 
chapter four hundred and six of the acts of nineteen hundred 
and eleven, and as affected by chapter one hundred and 
fifty of the General Acts of nineteen hundred and sixteen 
and by chapter one hundred and thirty-seven of the General 
Acts of nineteen hundred and seventeen, is hereby further 
amended by adding at the end thereof the following para- 
graph: — If a policy of fire insurance contains a reduced Sound value 
rate or coinsurance clause, and if, in case of loss, the parties under policies 
do not agree as to the sound \a\ue of the property affected, ance'^'^how"'^' 
such value shall be determined by the referees chosen to ^letermmed. 
determine the loss or damage. If the parties agree as to the 
loss or damage but do not agree as to the amount of the 
sound value, said value shall be determined by referees ap- 
pointed as provided in and subject to the provisions of this 
section and of said standard form. An award in writing of a 
majority of the referees shall be final and conclusive on the 
parties as to the amount of the sound value. 

Approved March 12, 1919. 



22 



General Acts, 1919. — Chaps. 32, 33. 



Chap. 32 '^^^' '^^'T RELATIVE TO COUNTY TUBERCULOSIS HOSPITALS. 

Be it enacted, etc., as follows : 



Time ex- 
tended for 
construction, 
alteration, etc., 
of tuberculosis 
hospitals by 
certain 
counties, etc. 



1916, 286 (G), 
§ 3, amended. 



"Adequate" 
hospital pro- 
vision, term 
defined. 



Section 1. The time within which the new construc- 
tion, additions, or alterations of buildings for the purpose of 
making provision for persons suflFering from consumption 
shall be completed in accordance with the last sentence of 
section one of chapter two hundred and eighty-six of the 
General Acts of nineteen hundred and sixteen, as amended 
by section one of chapter one hundred and eighty-seven of 
the General Acts of nineteen hundred and eighteen, is hereby 
extended to the first day of September, nineteen hundred 
and twenty-one, and the time within which a contract may 
be entered into which shall meet the requirements of 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 and by section two of said 
chapter one hundred and eighty-seven, is hereby extended 
to the first day of April, nineteen hundred and twenty-one. 

Section 2. Section three of chapter two hundred and 
eighty-six of the General Acts of nineteen hundred and 
sixteen is hereby amended by striking out the word "two", 
in the third line, and substituting the word: — four, — so 
as to read as follows: — Sectmi 3. "Adequate" hospital 
pro\-ision for consumptives within the meaning of this act 
shall be held to mean at least one such hospital bed for each 
four deaths from consumption in the county, counties, parts 
of a county, or cities served by such hospitals, as the case 
may be, as determined by computing the average number of 
deaths from consumption per annum for the years nineteen 
hundred and eleven to nineteen hundred and fifteen, in- 
clusi\e, in the communities served by such hospitals, and by 
a similar quinquennial computation by the state depart- 
ment of health thereafter. Approved March 13, 1919. 



Chap. 33 



R. L. 81, § 132. 
etc., amended. 



An Act to permit the spearing of eels and carp. 

Be it enacted, etc., as folloics: 

Section one hundred and thirty-two of chapter ninety- 
one of the llevised Laws, as amended by chapter four hun- 
dred and ninety-two of the acts of nineteen hundred and 
eight and by section one of chapter fifty-three of the Gen- 
eral Acts of nineteen hundred and seventeen, is hereby fur- 



General Acts, 1919. — Chap. 34. 23 

ther amended by inserting after the words "spearing of", in 
the eiglith line, the words: — eels, carp or of, — so as to 
read as follows: — Section 132. Whoever takes any fish Spearing of 
which at any season frequent fresh water, except as other- permitte<i. 
wise allowed in this chapter, in any other manner than by 
artificially or naturally baited hook and hand line, shall for- 
feit not less than live nor more than fifty dollars; but towns 
may permit the use of nets and seines for taking herring and 
alewives or pots for the taking of eels; and nothing in this 
act shall be construed to prohibit the spearing of eels, carp 
or of those species of fish commonly known as eels and 
"suckers". The possession by any person in or upon fresh Evidence of 
waters or upon the banks of the same, except as allowed by 
this section, of any net, trap, trawl, or other device adapted 
for taking fish shall be prima facie evidence of a ^'iolation of 
this act. Approved March I4, 1919, 

An Act to require the membership of a county commis- nji^jy 34 

SIGNER on boards OF TRUSTEES FOR COUNTY AID TO AGRI- 
CULTURE. 

Be it enacted, etc., as follows: 

Section one of chapter two hundred and seventv-three of l^}^' ^"3 (O), 

\ , * , § 1, amended. 

the General Acts of nineteen hundred and eighteen is hereby 
amended by inserting after the word "appointed", in the 
thirteenth line, the words : — one shall always be a county 
commissioner of said county, — so as to read as follows : — 
Section 1. In each county, except Suffolk and except Trustees for 
counties maintaining vocational agricultural schools, the ^HcuUureiS 
county commissioners shall, on or before the first day of tfe's^^'^appoim- 
October, nineteen hundred and eighteen, appoint an unpaid ^J)*' J,^™."^ 
board of nine trustees to be known as trustees for county aid bership, etc 
to agriculture, three of whom shall serve for one year, three 
for two years, and three for three years from the first day of 
April in the current year, and thereafter, as the term of each 
trustee expires, or as a vacancy occurs, the county com- 
missioners shall appoint a successor for a term of three years 
from the first day of April in the year of the appointment, or 
for the unexpired term. All of said trustees shall be resi- 
dents of the county in which they are appointed, one shall 
always be a county commissioner of said county, and four, 
so far as is possible shall be taken from the directors, chosen 
as hereinafter provided, of such cities or towns as have appro- 
priated funds toward carrying out the provisions of this act. 



24 



General Acts, 1919. — Chaps. 35, 36. 



Choice of 
directors to be 
made by citiea 
and towns, etc. 



Choice of the aforesaid directors shall be made in such towns 
at the annual town meeting at which the appropriation is 
made, or at the next succeeding annual meeting wliene\er 
the appropriation is made at a special meeting, and in such 
cities, by the mayor and aldermen, or body exercising similar 
powers, not later than fifteen days following the ^•ote au- 
thorizing the appropriation. The said directors shall serve 
for such terms as the appointing authority in cities and the 
\'oters in towns shall determine. 

Apyroved March 14, 101.9. 



Chap. 35 An Act relative to the aitthority of officers of 

DOMESTIC INSUIL\NCE COMPANIES. 



1907, 576, § 94, 
amended. 



Authority of 
officers of 
domestic 
insurance 
companies. 



Be it enacted, etc., as follows: 

Chapter five hundred and seventy-six of the acts of nine- 
teen hundred and seven is hereby amended by striking out 
section ninety-four and substituting the following: — Sec- 
tion 94. An officer of a domestic insurance company may, 
without a license, act in the negotiation or transaction of any 
insurance for such company which the company may law- 
fully do. Approved March I4, 1919. 



19U, 532, § 4, 
par. 6, etc., 
amended. 



Chap. 36 An Act relative to filing with the insurance com- 
missioner STATEMENTS SHOWING THE FINANCIAL CONDI- 
TION OF THE STATE RETIREMENT SYSTEM. 

Be it enacted, etc., as follows: 

Section four of chapter five hundred and thirty-two of 
the acts of nineteen hundred and eleven, as amended by 
section three of chapter three hundred and sixty-three of the 
acts of nineteen hundred and twelve, and by section one 
hundred and three of chapter two hundred and fifty-seven of 
the General Acts of nineteen hundred and eighteen, is hereby 
further amended by striking out paragraph (G), and sub- 
stituting the following: — (6) The board of retirement 
shall file in the office of the insurance commissioner, on or 
before the fifteenth day of February in each year, unless for 
cause shown the commissioner shall extend the time, a 
sworn statement showing the financial condition of the re- 
tirement system on the thirty-first day of the preceding 
December and its financial transactions for the year ending 
with said day, which statement shall be in the form, and shall 
give such details, as shall be prescribed from time to time by 



Board of 
retirement and 
treasurer and 
receiver gen- 
eral to file with 
insurance 
commissioner 
statements 
showing finan- 
cial condition 
of state 
retirement 
system. 



General Acts, 1919. — Chaps. 37, 38. 25 

the insurance commissioner. Subject to the same conditions 
and recjuirenients, the treasurer and recei^'er general shall 
file a sworn statement which shall show the financial condition 
of the said system on the same day. 

Approved March 10, WW. 

An Act to termit savings banks and savings depart- (Jhd^) 37 

MENTS OF trust COMPANIES TO CONTRACT FOR THE PAY- 
MENT OF INTEREST ON CERTAIN DEPOSITS. 

Be it enacted, etc., as follows: 

Section 1. Savings banks, institutions for savings and Savings banks 

, . . , Y 1 ^"" savings 

trust companies ni their savings departments, are hereby departments 
authorized to contract, on terms to be agreed upon, for the paniesmay 
deposit at intervals within any period of twelve months, of paynufntof 
sums of money in the aggregate not in excess of the statu- certa?n*°" 
tory limit on deposits in savings l)anks, and for the payment deposits. 
of interest on the same at a rate not more than one per cent 
less than the rate of their last regular dividend on savings 
deposits. A sum thus accumulated, if left in such a deposi- 
tory as a regular savings deposit within fifteen days after 
the date on which money ordinarily begins to draw interest, 
may, if the depository so provides, draw interest from such 
prior date. 

Section 2. Nothing herein contained shall be construed Powers of 
to abridge the powers of trust companies under general or panies not 
special laws. Approved March 10, WW. ^ ""^^^ ' 

An Act relative to the licensing of insurance ad- Chap. 38 

JUSTERS. 

Be it enacted, etc., as follows: 

Section 1. Chapter one hundred and sixty-four of the 1917, ic.4 (G). 
(ieneral Acts of nineteen hundred and seA^enteen is hereby ^ '' '""'^"'*'^'^'- 
amended by striking out section one and substituting the 
following: — Section 1. The insurance commissioner may, insurance 

.1 2. e c e J. 1 11 • J. ', commissioner 

upon the payment ot a tee 01 two dollars, issue to any suit- may license 
able person a license to act as an adjuster of fire losses in this foti^Tnder 
commonwealth upon the following conditions: The applicant poiide^'^'*"'"' 
for the license shall file with the insurance commissioner a 
written application upon a form provided by the commis- 
sioner, executed under oath by the applicant, and to be kept 
on file by the commissioner. The application shall state the 
name, age, residence and occupation of the applicant for the 



26 



Genp]ral Acts, 1919. — Chap. 39. 



Renewal of 

licenses. 



Revocation or 
suspension of 
licenses. 



"Adjuster", 
term defined. 



1917, 164 CO), 
§ 2, amended. 



Penalty. 



five years next preceding tlie date of the application, and 
such other information as the commissioner may require. 
The application shall also contain a statement as to the 
trustworthiness and competency of the applicant signed by 
at least three reputable citizens of this commonwealth. If 
the commissioner is satisfied that the applicant is trustworthy 
and competent, he shall issue the license which shall be in 
force for one year from its date, unless sooner revoked by the 
commissioner for cause. The license may, in the discretion 
of the commissioner and upon the payment of a fee of two 
dollars, be renewed for any succeeding year, without requir- 
ing anew the detailed information hereinbefore specified. 
The insurance commissioner may at any time, for cause 
shown, and after a hearing, revoke the license, or suspend it 
for a period not exceeding the unexpired term thereof and 
may, for cause shown, and after a hearing, revoke the license 
while so suspended, and shall notify the licensee in writing 
of such revocation or suspension. The term "adjuster" as 
used in this act shall mean a person other than an attorney 
at law acting in the usual course of his profession, or other 
than a trustee or agent of the property affected, who, for 
compensation, directly or indirectly, solicits from the assured 
or the assured 's representative the settlement of a loss under 
a fire insurance policy. 

Spx'TION 2. Said chapter one hundred and sixty -four is 
hereby further amended by striking out section two and 
substituting the following : — Section 2. Whoever acts in 
this commonwealth as an adjuster without a license as 
above provided, or during a suspension of his license, shall be 
punished by a fine of not more than two hundred dollars, 
or by imprisonment for not more than six months. 

Approved March 19, 1919. 



Chap. 39 An Act extending the time during which the board of 

COMMISSIONERS ON FISHERIES AND GAME MAY LEASE TIS- 
BURY GREAT POND FOR THE CULTIVATION OF FISH. 

Be it enacted, etc., as follows: 

Section one of chapter five hundred and twenty-nine 

of the acts of nineteen hundred and ten is hereby amended 

by striking out the word "twenty", in the fourth line, and 

substituting the word:- — thirty, — so as to read as fol- 

Timo extended lows! — Scction 1. The board of commissioners on fisheries 

commiseionors aud game may in the name of the commonwealth lease from 

on fisheries 



1910, 529, § 1, 
amended. 



General Acts, 1919. — Chaps. 40, 41. 27 

time to time until January first, nineteen hundred and fease^f^bJ^y"^ 
thirty, for a term not exceeding five years at any one time, cuhilltionJi" 
the pond known as Tisbury Great Pond, in the county of Ssh. 
Dukes County, with the arms, coves and bays connected 
therewith, for the purpose of cultivating useful fishes, on such 
terms and conditions as may seem to them expedient: pro- Proviso. 
vided, that nothing lierein shall affect the right of any citizen 
of the commonwealth to take fish in said pond or in the 
waters connected therewith by hook and line, according to 
the laws now or hereafter in force relating to the taking of 
fish by hook and line. Approved March 19, 1919. 

An Act to prohibit until the year nineteen hundred Chav 40 

AND TWENTY-TWO THE TAKING OF QUAIL IN THE COT'NTIES 
OF ESSEX, DUKES AND NANTUCKET, 

Be a enacted, etc., a,9 follows: 

Section 1. It shall be unlawful, before the beginning Taking of 
of the open season for quail throughout the commonwealth counti'esof 
in the year nineteen hundred and twenty -two, to hunt, pur- anfNa^t'udket 
sue, take or kill a quail in the counties of Essex, Dukes or prohibited until 
JNantucket or to have quail in possession, in said counties, 
except quail propagated under the provisions of chapter five 
hundred and sixty-seven of the acts of nineteen hundred and 
twelve. 

Section 2. Violation of this act shall be punished by a Penalty. 
fine of twenty dollars for each bird in respect to which the 
violation occurs. Approved March 19, 1919. 

An Act relative to collectors of taxes. Chap. 41 

Be it enacted, etc., as foUoios: 

Section eighty-seven of Part II of chapter four hundred i909. 49o, 
and ninety of the acts of nineteen hundred and nine is hereby amended. 
amended by adding at the end thereof the words: — If the 
collector is his own successor he shall complete the collection 
of the taxes as a part of the duties of his new term of office 
and not as a part of the duties of his former term of office, — 
so as to read as follows : — Section 87. If a collector dies Collection of 
or is removed from office or if the term of office of a collector death, re- 
who is paid by a fixed salary expires before the collection of the mtiLn of twm" 
taxes committed to him is completed, the assessors shall com- caUe^tws.^ 
mit to his successor the list of taxes uncollected with their 
warrant. If the collector is his own successor he shall com- 



28 



General Acts, 1919. — Chaps. 42, 43. 



plete the collection of the taxes as a part of the duties of his 
new term of office and not as a part of the duties of his former 
term of office. Approved March 20, 1910. 



MesBenger to 
the probate 
court and court 
of insolvency, 
Suffolk county, 
office estab- 
lished. 



Chap. 42 Ax Act to establish the office of messenger to the 

PROBATE COURT AND COURT OF INSOLVENCY FOR THE 
COUNTY OF SUFFOLK. 

Be it enacted, etc., as folloics: 

Section 1. The judges of probate and insolvency for 
the county of Suffolk may appoint a messenger for the courts 
of probate and insolvency for said county, may at any time 
remo^'e him for cause considered by them sufficient, and may 
fill a vacancy caused by removal or otherwise. The said 
messenger shall wait upon the said courts and perform such 
duties as the judges may direct, including the duties of a 
court officer. He shall receive from the said county annually 
a salary of nineteen hundred dollars, to be paid in equal 
monthly instalments, and a further sum of one hundred 
dollars for a uniform. 

Section 2. The office of messenger hereby created shall 
not be in addition to the office of messenger whose employ- 
ment by said courts is now authorized by a vote of the city 
council of the city of Boston, but shall be in place thereof. 

Section 3. This act shall take effect upon its acceptance 
l)y the city council of the city of Boston, with the approval of 
the mayor. Approved March 20, 1910. 

(Accepted, July 3, 1919.] 



Additional 
office of 
messenger not 
created, etc. 



To be sub- 
mitted to city 
council, etc. 



Chap. 43 An Act fixing the time ant) place for holding probate 

COURT IN THE COUNTY OF FR.\NKLIN. 

Be it enacted, ete., as follows: 

Section 1. Section sixty of chapter one hundred and 
sixty-two of the Revised Laws is hereby amended by strik- 
ing out the seventh paragraph and substituting the following: 
For the county of Franklin, at Greenfield, on the first 



R. L. 162, § 60, 
par. 7, 
amended. 



Time and 



Lidlng probate Tucsday of cacli month except November, and on the third 



court in 
Franklin 
county fixed 



Time of taking 
effect. 



Tuesday of each month except August, and at least four 
adjourned sessions shall be lield at Orange in each calendar 
year. 

Section 2. This act shall take effect on the first day of 
August, nineteen hundred and nineteen. 

Approved March 20, 1919. 



General Acts, 1919. — Chaps. 44, 45, 46. 29 



An Act authorizing the expenditure of an additional Chap. 44 

SUM OF money in THE CONSTRUCTION OF A NEW BRIDGE 
OVER THE MONATIQUOT RIVER IN THE TOWN OF BRAINTREE. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of carrying out the pro- Norfolk county 
visions of chapter three hundred and fifteen of the General may'borrow'^" 
Acts of nineteen hundred and seventeen, as amended by additS'ium 
chapter two hundred and sixty-nine of the General Acts of constmction of 
nineteen hundred and eighteen, the county commissioners of "p^ bridge over 
Norfolk county are hereby authorized to borrow and expend, nverin 
subject to the provisions of said chapters, except as is other- 
wise provided herein, the additional sum of seventy-five 
thousand dollars, which shall be assessed and paid according 
to the provisions of section six of said chapter three hundred 
and fifteen, except that no part thereof shall be assessed upon 
the county of Plymouth, or upon any city or town within 
said county. 

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

Approved March 21, 1919. 



Braintree. 



An Act relative to the use by public institutions in Chav 45 
cities of articles manufactured by the labor of 
prisoners. 

Be it enacted, etc., as follows: 

No provision contained in any city charter shall affect Use by public 
the provisions of section forty-five of chapter two hundred cities of articles 

J, xi2 i?xlT)*']T J1L manufactured 

and twenty -rive or the Kevised Laws, as amended by sec- by labor of 
tion one of chapter five hundred and sixty -five of the acts of p'"'^""'^'^^- 
nineteen hundred and twelve, relative to the purchase for 
the use of the public institutions of the city of such articles 
and materials as are manufactured by the labor of prisoners. 

Approved March 21, 1919. 

An Act relative to the licensing of insurance agents. Chap. 46 

Be it enacted, etc., as folloics: 

Chapter five hundred and seventy-six of the acts of nine- 1907. 576, §92, 
teen hundred and seven, as amended by section one of chapter 
four hundred and twenty-nine of the acts of nineteen hundred 
and eleven and by chapter seventy-one of the General Acts of 
nineteen hundred and eighteen, is hereby further amended 
by striking out section ninety-two and substituting the fol- 



etc, amended. 



30 



General Acts, 1919. — Chap. 46. 



Insurance 
commissioner 
may license 
insurance 
agents. 



Revocation or 

suspension of 
licenses. 



Expiration. 



Renewal. 



Foreign 
company fee. 



Companies to 
be bound by 
acts of agents. 



Penalty. 



lowing: — Section 92. Upon written notice by an insurance 
company authorized to transact business in this common- 
wealth 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 insur- 
ance agent, issue to him a license which shall state, in sub- 
stance, 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 
commissioner and shall be accompanied by a sworn state- 
ment by the appointee which shall give his name, age, resi- 
dence, present occupation, his occupation for the five years 
next preceding the date of the notice, and such other informa- 
tion as the commissioner may require upon a form furnished 
by him. The commissioner may, at any time, for cause shown 
and after a hearing, revoke the license or suspend it for a 
period not exceeding the unexpired term thereof, and may, 
for cause shown and after a hearing, revoke the license while 
so suspended, and shall notify both the company and the 
agent in writing of such revocation or suspension. A license 
issued hereunder shall expire on the thirtieth day of June 
next after its issue, unless sooner revoked by the commis- 
sioner for cause, or unless the company by a written notice 
filed with the insurance commissioner cancels the authority 
of the agent to act for it. Such license may, in the discretion 
of the commissioner, be renewed for a succeeding year or years 
by a renewal certificate without requiring anew the detailed 
information hereinbefore specified. A foreign company shall 
pay a fee of two dollars for every such license and for each 
renewal thereof. Every insurance company shall be bound 
by the acts of the person named in the license within the 
scope of his apparent authority as its acknowledged agent 
while such license remains in force. Whoever, not being a 
licensed broker or officer of a domestic insurance company 
acting in the negotiation or transaction of any insurance 
which his company may lawfully do, assumes to act as an 
agent as defined in section ninety-eight, without the license 
required by this section, or while his license as such agent 
is suspended, shall be punished by a fine of not less than 
twenty nor more than five hundred dollars. 

Approved March 21, 1919. 



General Acts, 1919. — Chap. 47. 31 



An Act relative to the licensing of insurance brokers. Chap. 47 

Be it enacted, etc., as follows: 

Chapter five hundred and seventy-six of the acts of nine- 1907, 576, § 95, 
teen hundred and seven, as amended by section three of ''^*^' ^™®" ^ ' 
chapter four hundred and twenty-nine of the acts of nine- 
teen hundred and eleven, is hereby further amended by strik- 
ing out section ninety-five and substituting the following: — 
Section 95. The insurance commissioner may, upon the insurance 
payment of a fee of ten dollars, issue to any suitable person ^^"liceMe*"^ 
resident in this commonwealth, or resident in any other b^'kera!'^ 
state granting brokers' licenses or like privileges to resi- 
dents of this commonwealth, a license to act as an insurance 
broker to negotiate, continue or renew contracts of insur- 
ance or reinsurance, or to place risks or effect insurance or 
reinsurance with any qualified domestic insurance company 
or its agent, or with the authorized agent in this common- 
wealth of any foreign insurance company duly admitted to 
issue policies in this commonwealth, upon the following con- 
ditions: The applicant for the license shall file with the Application to 

. ^ , , . . „ . , , be in written 

commissioner a written application upon a form provided form, etc. 
by the commissioner, which shall be executed under oath by 
the applicant and kept on file by the commissioner. The 
application shall state the name, age, residence and occupa- 
tion of the applicant at the time of making the application, 
his occupation for the five years next preceding the date of 
the application, that the applicant intends to hold himself out 
and carry on business in good faith as an insurance broker, 
and such other information as the commissioner may require. 
The application shall also contain a statement as to the trust- 
worthiness and competency of the applicant, signed by at 
least three reputable citizens of this commonwealth. If the 
commissioner is satisfied that the applicant is trustworthy 
and competent and intends to hold himself out and carry 
on business in good faith as an insurance broker, he shall 
issue the license applied for, which shall expire one year from Expiration of 
its date unless sooner revoked by the commissioner for '^'^"^'^ 



cause. The license may, in the discretion of the commis- Renewal. 
sioner, be renewed, upon payment of the fee of ten dollars, for 
any succeeding year without requiring anew the detailed in- 
formation hereinbefore specified. The commissioner may. Revocation or 

. , • n 1 1 r>j_ 1 • 1"^ suspension. 

at any time, tor cause shown, and after a nearmg, revoke 
the license, or suspend it for a period not exceeding the un- 



32 



General Acts, 1919. — Chaps. 48, 49. 



expired term thereof, and may, for cause shown and after a 
hearing, revoke the license while so suspended, and shall 
notify the licensee in writing of such revocation or suspension, 
and may publish a notice of such revocation or suspension 
in such manner as he may deem necessary for the protection 
No fee required of the pubHc. No fcc for a Hccnse issued hereunder shall be 
slifors 0^' required of any soldier, sailor or marine resident in this com- 
marmea. monwcalth who has served in the army or navy of the United 

States in time of war or insurrection and received an honor- 
able discharge therefrom or release from active duty therein, 
if he presents to the commissioner satisfactory evidence of his 
Penalty. identity. Whoever, not being a licensed agent of the com- 

pany in which insurance is effected, assumes to act as an 
insurance broker, as defined in section ninety-eight, without 
the license required by this section, or during a suspension 
of his license as such broker shall be punished by a fine of 
not less than twenty nor more than five hundred dollars. 

Approved March 21, 1919. 



Chap. 48 An Act providing a penalty for assisting in the escape 

OF PATIENTS FROM CERTAIN INSTITUTIONS. 



1909. 504. 
amended. 



93, 



Penalty for 
assisting in 
escape of 
patients from 
certain insti- 
tutions, etc. 



Be it eimded, etc., as follows: 

Chapter five hundred and four of the acts of nineteen 
hundred and nine is hereby amended by striking out section 
ninety-three, and substituting the following: — Section 93. 
Any person who wilfully permits or assists, or connives at, 
the escape of a patient from any hospital or receptacle under 
the supervision of the commission on mental diseases, or who 
secretes a patient who has escaped therefrom, shall be pun- 
ished by fine or imprisonment at the discretion of the court. 

Approved March 21, 1919. 



Chap. 49 An Act relative to the commitment of insane persons 

TO GARDNER STATE COLONY. 

Be it enacted, etc., as follows: 

Section 1. The commission on mental diseases may 
establish a district for the (iardner state colony in accord- 
ance with the provisions of section twenty-eight of chapter 
five hundred and four of the acts of nineteen hundred and 
nine, and am- justice of a police, district or municipal court 
within such district, may, when so authorized by the com- 
mission, commit to the said state colony any insane person 



Commitment 
of insane 
persons to 
Gardner state 
colony. 



General Acts, 1919. — Chaps. 50, 51. 33 

residing or being within his jurisdiction who, in his opinion, 
is a proper subject for its treatment or custody. But no such 
person shall be so committed unless all the laws applicable to 
the commitment of an insane person have been complied with. 
The said justices, when so authorized, may also commit 
persons to the said state colony for observation, under the 
pro^'isions of section forty-three of said chapter five hundred 
and four in order to determine their mental condition. 

Section 2. The superintendent of the said colony may, Powers of the 

1 ii • J !_ J.1 'J • • • ' " superintendent 

when so autnorizecl by the said commission, receive persons of the colony, 
from its district who are certified by two physicians to be ''*'^' 
violently insane, or in other emergency under the provisions 
of section forty-two of said cliapter fi\'e hundred and four. 
He may also, when so authorized, receive ^'oluntary patients 
under the provisions of section forty-five of said chapter, and 
persons for temporary care under the provisions of chapter 
three hundred and ninety-fi\e of the acts of nineteen hundred 
and ele^'en as amended by chapter one huntlred and seventy- 
four of the General Acts of nineteen hundred and fifteen. 

Approved March 26, 1919. 

An Act relative to the mode of ascertainino whether Qfidy 50 

SPECIFIED INDIVIDUALS HAVE FILED INCOME TAX RETURNS. 

Be it enacted, etc., a.s- folio ir.s: 

Section sixteen of chapter two hundred and sixty-nine of 1916, 269(G), 
the General Acts of nineteen hundred and sixteen is hereby ^ ^^' ^^'^'"^'^■ 
amended by striking out the last paragraph and substituting 
the following: — The tax commissioner shall, upon the re- Taxcom- 
quest of any inhabitant of the commonwealth, state whether state,°upoi*i*' 
or not any designated person has filed an income tax return ^®h*"ther 
for the current or anv prior year. specified indi- 

' * , T 1 r 7 w V viduals have 

Approved March 26, 1919. filed income 

tax returns. 

An Act permittinc; the division of cities into conven- (^hny 51 

lENT assessment DISTRICTS. 

Be it enacted, etc., as follows: 

Part I of chapter four hundred and ninety of the acts of i^'^^- •i^o, Part 
nineteen hundred and nine is hereby amended by striking amended. 
out section fifty and substituting the following: — iSVd/o/i valuation of 
50. The assessors of each city and town shall, at the time [[[vPsiolfor*^ 
appointed therefor, make a fair cash valuation of all the cities into 



34 



General Acts, 1919. — Chap. 52. 



dl^fcTs^by estate, real and personal, subject to taxation therein, and, in 
assessors. cltics, the assessoFS may, in any year, divide the city into 

convenient assessment districts. 



Approved March 26, 1919. 



1918, 244 (G), 
§ 4, amended. 



Time for 
submitting the 
annual budget 
to the general 
court estab- 
lished. 



Chap. 52 An Act to establish the time for submitting the annual 

BUDGET TO THE GENERAL COURT. 

Be it enacted, etc., as folloics: 

Section four of chapter two hundred and forty-four of the 
General Acts of nineteen hundred and eighteen is hereby 
amended by striking out the words "not later than the 
second Wednesday in January of each year", in the four- 
teenth and fifteenth lines, and substituting the words: — 
annually within three weeks after the general court con- 
venes, — so as to read as follows: — Section 4- The super- 
visor of administration shall study and review all estimates 
and requests for appropriations and other authorizations 
for expenditures of state funds filed with him as provided in 
this act, and shall make such investigations as may be neces- 
sary to enable him to prepare a budget for the governor, 
setting forth such recommendations as the governor shall 
determine upon. The go^'ernor may call upon the depart- 
ment of the auditor for information relative to the finances 
of the commonwealth and for assistance in the preparation 
of the budget. For this purpose the auditor may appoint a 
deputy in his department at an annual salary not to exceed 
thirty-five hundred dollars. The budget shall be submitted 
by the governor to the general court annually within three 
weeks after the general court convenes, and it shall embody 
all estimates, requests and recommendations for appropria- 
tions 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 recom- 
mendations for: (a) expenses of administration, operation 
and maintenance; (h) deficiencies or overdrafts in appro- 
priations of former years; (c) new construction, additions, 
improvements and other capital outlay; (d) interest on 
the public debt and sinking fund and serial bond require- 
ments; and (e) all requests and proposals for expenditures 
for new projects and other undertakings; and shall include 
in detail definite recommendations of the governor relative 
to the amounts which should be appropriated therefor. The 
budget shall also include definite recommendations of the 



Deputy 
auditor. 



General Acts, 1919. — Chaps. 53, 54. 35 

governor as to the financing of the expenditures recom- 
mended and the relative amounts to be raised from ordinary 
revenue, direct taxes or loans. All appropriations based upon General ap- 
the budget to be paid from taxes or revenue shall be in- biiil^etc*.'"" 
corporated in a single bill to be designated the general appro- 
priation 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 supplemental messages on recommendations 
relative to appropriations, revenues and loans. 

Approved March 26, WW. 

An Act authorizing the trustees of certain textile Chap. 53 

SCHOOLS to insure THEIR SCHOOL BUILDINGS AND CON- 
TENTS. 

Be it enacted, etc., as follows: 

The provisions of section forty-two of chapter six of the Trustees of the 
Revised Laws relative to insurance of property of the com- xextiie'schooi, 
monwealth shall not apply to the trustees of the New Bed- Tett^ie^Schooi, 
ford Textile School, appointed under chapter two hundred fj^rd EhTrfcr''" 
and fortv-six of the General Acts of nineteen hundred and Textile school 

may insure 

eighteen, to the trustees of the Lowell Textile School, ap- *^'^T ^J^j''^^""'* 
pointed under chapter two hundred and seventy-four of said 
General Acts, or to the trustees of The Bradford Durfee 
Textile School of Fall River, appointed under chapter two 
hundred and forty -eight of said General Acts, and said trus- 
tees may insure the buildings or their contents in their cus- 
tody in such amounts as they may deem sufficient. 

Approved March 26, 191,9. 

An Act relative to the publication of lists of candi- Chav. 54 

DATES to be voted FOR AT CITY ELECTIONS. 

Be it enacted, etc., asfoUoirs: 

Chapter eight hundred and thirty-five of the acts of nine- 1913, 335, § 269, 
teen hundred and thirteen is hereby amended by striking a""®"*!*^'' 
out section two hundred and sixty-nine and substituting 
the following: — Sectio7i 269. The several city clerks, or in Publication of 
Boston the election commissioners, before every city elec- dates°to*'be ' 
tion, shall cause to be published a list of all candidates to be city eil^tioL. 
voted for in their respective cities. Such lists shall be in the 
form, as near as may be, in which they are to appear upon 



36 



General Acts, 1919. — Chap. 55. 



the official ballot, and the publication shall be made in at 
least two newspapers, if there are so many newspapers pub- 
lished in the city, and devoted wholly or cliiefly to the pub- 
lication of general or local news, the newspapers to be desig- 
nated by the chairmen of the city committees representing the 
two leading political parties. Approved March 26', 101.9. 



Chap. 55 "■^^^ -^^"^ RELATIVE TO THE USE OF ARMORIES FOR CERTAIN 

ENTERTAINMENTS. 



Emergency 
preamble. 



Whereas, The deferred operation of the following act under 
the provisions of the forty-eighth amendment to the con- 
stitution would substantially defeat its purpose, accordingly 
the same is hereby declared to be an emergency measure, as 
necessary for the immediate preservation of the public con- 
venience. 



Use of armories 
for entertain- 
ments to raise 
money to be 
expended for 
receptions, etc., 
for returning 
soldiers, sailors 
and marines, 
permitted. 



Provisos. 



Be it enacted, etc., as follmcs: 

Section 1. Upon application to the commander-in-chief, 
approved by the custodian of an armory, any reputable cor- 
poration, society or association may have the use of the 
armory for the purpose of giving entertainments therein 
at which an admission fee is to be charged, and the sum so 
raised, after payment of reasonable expenses, shall be ex- 
pended for receptions or entertainments given to or for the 
benefit of returning soldiers, sailors or marines: provided, that 
such assurances as may be required are gi\en to the com- 
mander-in-chief for the proper use of the armory and for 
the disposal of the proceeds in accordance with the provisions 
of this act; and provided, also, that every corporation, so- 
ciety or association making an application hereunder shall 
have a treasurer, who, within seven days after the use of the 
armory, shall file with the adjutant general a sworn state- 
ment in detail of the gross receipts, of the expenses, and of 
the amount realized for the purpose for which the entertain- 
ment was given, and provided, further, that no use of an 
armory under the provisions hereof shall be permitted which 
would be inconsistent with the provisions of section two of 
article forty-six of the amendments to the constitution. No 
charge shall be made for the use of any armory authorized 
hereby, except such charges as will cover the actual cost to 
the commonwealth of heating, guarding, lighting and cleaning 
the same. 



General Acts, 1919. — Chaps. 56, 57, 58. ■ 37 

Section 2. This act shall take effect upon its passage, when to have 
but shall have no further effect after the expiration of one effect"^*"^ 
year following its passage. Approved March 27, 1019. 



An Act relative to the preservation of examination nhr.^. r^a 

PAPERS BY THE STATE EXAMINERS OF ELECTRICIANS. ' 

Be it enacted, etc., as follows: 

Examination papers and applications for master or jour- Preservation of 
neyman electrician certificates shall be preserved for at least papws!''etc" 
three years, after which time they may, at the discretion of e^amfners of 
the state examiners of electricians, be destroyed. electricians. 

Approved March 28, 1010. 



An Act authorizing the board of commissioners on Chav 57 

FISHERIES AND GAME TO REGULATE THE TAKING OF SMELT 
IN GREAT PONDS. 

Be it enacted, etc., as follows: 

Section 1. The board of commissioners on fisheries and Taking of smelt 
game may permit the taking of smelt in great ponds of the reguiaW. 
commonwealth, subject to such rules and regulations, ap- 
proved by the governor and council, as they may make. 

Section 2. Violation of any such rule or regulation shall Penalty. 
be punished by a fine of not less than Hve dollars. 

Approved March 28, 1010. 



An Act to provide for giving persons in war service r*/,^^ ko 

further time to FILE INCOME TAX RETURNS. ^' 

Whereas, It is impossible for certain residents of the com- Emergency 
mon wealth now absent in war service to file their income tax p"''^'*™'''® 
returns within the time prescribed by law; therefore the fol- 
lowing act in their behalf is hereby declared to be an emer- 
gency measure, necessary for the immediate preservation of 
the public convenience. 

Be it enacted, etc., as follows: 

Section 1. In the case of persons who are serving in the Persons in war 
armed forces of the United States, or who are in a relief or- furthe'r time"to 
ganization associated with the said forces and absent from the f^^ j-etumt 
United States, the time for filing income tax returns due, 



38 



General Acts, 1919. — Chap. 59. 



Proviso. 



Assessment 
of income, etc. 



Abatements. 



under chapter two hundred and sixty-nine of the General 
Acts of nineteen hundred and sixteen, on or before March 
first, nineteen hundred and eighteen, and on INIarch first 
in subsequent years during the duration of the present war, 
is hereby extended, and said returns shall be due on the 
ninetieth day after their discharge from the said forces or 
organization: jjroiided, however, that if such discharge is not 
granted prior thereto, all such returns shall be due one year 
after the ratification of a peace treaty terminating the war. 

Section 2. The tax commissioner may, within the period 
of one year after any such return is due under this act, assess 
the income of such persons upon such returns, or, if such 
returns are not filed when due, he shall, within the said period, 
assess the income of such persons according to his best knowl- 
edge and belief, and may, within the said period investigate 
such returns and make assessments of any additional income 
discovered, in accordance with the provisions of said chapter 
two hundred and sixty-nine. Taxes thus assessed shall be 
due and payable after the periods set forth in said chapter. 

Section 3. The tax commissioner is hereby authorized 
to abate, in whole or in part, interest and costs of collection 
upon assessments of income taxes heretofore made against 
persons described in section one of this act. 

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

Approved March 29, 1919. 



Chap. 59 



Register of 
probate and 
insolvency, 
Middlesex 
county, al- 
lowance for 
clerical assist- 
ance increased. 



An Act to increase the allow^\nce for clerical assist- 
ance to the register of probate and insolvency for 

the county of MIDDLESEX. 

Be it enacted, etc., as follows: 

Section 1. The register of probate and insolvency for 
the county of Middlesex shall be allowed, in addition to the 
amount now allowed by law, a sum not exceeding eight hun- 
dred dollars a year from and after the first day of February 
in the year nineteen hundred and nineteen, for clerical as- 
sistance actually performed; to be paid from the treasury 
of the county of INliddlesex upon the certificate of the register 
countersigned by a judge of probate and insolvency for said 
county. 

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

Approved March 29, 1919. 



General Acts, 1919. — Chaps. 60, 61. 39 



An Act authorizing savings banks to hold for safe- Chap. 60 

KEEPING SECURITIES ISSUED BY THE UNITED STATES, 

Be it enacted, etc., as follows: 

Savings banks and institutions for savings may, with the Savings banks, 
written permission of and under regulations approved by, the for'their 
bank commissioner, receive and hold for their depositors any sMurTtierissued 
securities issued by the United States. stktes'!'*'^*^ 

Approved March 29, 1910. 

An Act to authorize cities and towns to raise and r*/,^^. «i 
appropriate money for memorials to soldiers, sailors " 

and marines. 

Whereas, There is need of a law authorizing cities and Emergency 
towns to raise and appropriate money for memorials to 
soldiers, sailors and marines, and 

Whereas, Any delay in the taking effect of such a law 
would greatly inconvenience the public, therefore the follow- 
ing act is declared to be an emergency measure, necessary for 
the immediate preservation of the public convenience. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of properly commemorating cities and 
the services and sacrifices of the soldiers, sailors and marines raSe and'^ 
who have served the country in war, cities and towns are mo^neyVor*' 
hereby authorized to accept gifts or bequests and to appro- ^f^ers^ilibrs 
priate money for the purchase of land, for the erection and ^°d marines. 
equipping of buildings, or for the construction of other suita- 
ble memorials. To meet the cost of maintaining such me- 
morials, cities and towns may raise by taxation such sums as 
may be deemed necessary. 

Section 2, To provide the necessary funds for the May borrow 
acquisition of land, or for the construction of buildings or '"°''®^'®''- 
other structures, including the cost of original equipment, a 
city or town may borrow within the debt limit, and may 
issue bonds or notes, payable in not more than twenty years, 
in accordance with section fourteen of chapter seven hun- 
dred and nineteen of the acts of nineteen hundred and thir- 
teen. 

Section 3. Cities and towns which accept gifts or be- Board of 

• trust-GGS to nHVG 

quests or appropriate money for the purposes set forth in this charge and 
act may provide for a board of trustees which shall have instruction of 

memorials, etc. 



40 General Acts, 1919. — Chap. 62. 

charge and control of the construction of any memorial 
hereunder, and shall have the custody and care of any such 
Appointment memorial after its construction. In cities, the board shall 
dtiS!etc." consist of the mayor, ex officio, and three members ap- 
pointed by him and approved by the council, of whom one 
shall be appointed for a period of one year, one for two years, 
and one for three years, and as the term of each member 
expires, a successor shall be appointed in like manner, for a 
period of three years. Any vacancy shall be filled for the 
Board in towns, uucxpircd tcrm in the same manner. In towns, the said 
tuted.°°^ '" board shall consist of the chairman of the board of select- 
men, ex officio, and three members elected by the town in 
the same manner as other town officers for terms of one, two 
and three years respectively ; but until such a board is elected, 
the selectmen may appoint a temporary board to serve until 
Vacancies. tlic ucxt auuual towu clectiou. Any vacancy occurring in 
the town board shall be filled for the unexpired term by the 
remaining members. 

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

Approved March 31, 1919. 

Chap. 62 An Act relative to the contents of the employer's 

PLEDGE ACCOMPANYING EMPLOYMENT CERTIFICATES. 

Be It enacted, etc., asfolloics: 

etr'am^ended Scctiou fifty-eight of chapter five hundred and fourteen 
of the acts of nineteen hundred and nine, as amended by 
section three of chapter two hundred and fifty-seven of the 
acts of nineteen hundred and ten, by chapter two hundred 
and sixty-nine of the acts of nineteen hundred and eleven, 
and by section sixteen of chapter seven hundred and seventy- 
nine of the acts of nineteen hundred and thirteen is hereby 
further amended by inserting after the word "the", where it 
occurs the second time in the third line of clause (1), the word: 
— specific, — so that clause (1) will read as follows: — (/) 
Contents of \ pledge or promise signed by the employer or by an au- 
piedgeac; tliorizcd manager or superintendent, setting forth the char- 
emi)?oyment actcr of the spccific employment, the number of hours per 
cer 1 ca es. j^^ duriug which tlic cliild is to be regularly employed and 
the name and address of the employer, In which pledge or 
promise the employer agrees to employ the child in accord- 
ance with the provisions of this act, and to return the em- 
ployment certificate as provided in section fifty-seven. 

Approved April 1, 1919. 



General Acts, 1919. — Chaps. 63, 64. 41 



An Act to prevent fraud in the packing of mer- nfi^j) (J3 

CHANDISE. 

Be it enacted, etc., as follows: 

Whoever, with intent to defraud or injure, in baling or in Pre\'ention of 
packing in any container any commodity sold bv weight, packing of 

,,. i'^IjI jj" J " 1 " 1 commodities 

includnig wool, leather, cotton, waste, rags and paper, places sold by weight. 
therein any substance foreign to the contents thereof shall be 
guilty of a misdemeanor, and shall be punished for a first 
offence by a fine of not more than one hundred dollars, for a Penalties. 
second offence by a fine of not more than two hundred dol- 
lars and for any subsequent offence by a fine of fifty dollars 
and imprisonment for not less than thirty nor more than 
ninety days. Ajyproved April 1, 1919. 

An Act to permit the use of armories by military or- Chai) 64 

GANIZATIONS IN THE PUBLIC SCHOOLS. 

Be it enacted, etc., as foUoivs: 

Subdivision (a) of section forty-eight of Part I of chapter i9i7, 327 (O), 
three hundred and twenty-seven of the General Acts of nine- subdivision' («). 
teen hundred and seventeen is hereby amended by adding '""®"'*'^'*- 
at the end thereof the following: — Meetings of such military 
organizations of scholars in the public schools of a city or 
town as may be approved by the school committee thereof, 
— so that said subdivision (a) will read as follows: — Section useof armories 
48. (a) Armories provided for the militia shall be used OTgan'izaUo^is 
only by the volunteer militia for such military purposes or *"jjPq{^'''' 
purposes incidental thereto as may be designated by the permitted. 
commander-in-chief: 'promded, however, that the commander- Proviso. 
in-chief, upon terms and conditions to be prescribed by him 
and upon an application approved by the military custodian 
of an armory, may allow the temporary use of such armory 
for public purposes at such times and in such manner as 
not to interfere with the military use thereof. The com- Compensation. 
pensation for every such temporary use shall be fixed by the 
armory commissioners subject to the approval of the com- 
mander-in-chief, and shall, except as is otherwise provided 
herein, be at least sufficient to cover all expenses of light- 
ing, heating, guarding and cleaning the armory, and similar 
expenses, and shall be paid to the military custodian of the 
armory before the occupation of the armory for such tempo- 
rary use. The compensation as fixed shall be collected by the 



"Public pur- 
poses " 



42 General Acts, 1919. — Chap. 65. 

military custodian and forwarded to the adjutant general, 
who shall pay the same into the treasury of the common- 
wealth at least once in every thirty days. 
ke&Ted. As used in this section the words "public purposes" shall 
include: — 

A public meeting or hearing held by a state department or 
commission. 

An examination conducted by the state civil service com- 
mission. 

A meeting of an organization composed of veterans of the 
civil or Spanish wars, a board of trade, a chamber of com- 
merce or an occupational organization, or a meeting to raise 
funds for any non-sectarian charitable or non-sectarian edu- 
cational purpose. 

A meeting to raise funds for a benefit association of police- 
men or firemen. 

Elections, primaries or caucuses, and town meetings. 
military OTgal- Mcctiugs of such military organizations of scholars in the 
izations. public schools of a city or town as may be approved by the 

school committee thereof. Approved April 1, 1919. 



Chap. 65 An Act relatr^ to the use of traps, nets and snares 

FOR THE TAKING OF BIRDS AND ANIMALS. 

Be it enacted, etc., as follows: 

1910, 533, § 1, Section one of chapter five hundred and thirty-three of the 
acts of nineteen hundred and ten, as amended by chapter one 
hundred and one of the acts of nineteen hundred and eleven, 
and by chapter one hundred and ten of the General Acts of 
nineteen hundred and sixteen, is hereby further amended 
by striking out the word "game", where it first occurs, in the 
second line, and substituting the word: — wild, — by strik- 
ing out the word "game", where it occurs for the second 
time, in the second line, by striking out the word "game", 
in the fourth line, and substituting the word: — wild, — 
and by striking out the word "game", in the fifth line, so as 
Taking or to read as follows: — Section 1. It shall be unlawful to take 
wild birds, or kill a wild bird or water fowl, or any wild quadruped, for 
et"**, reg^uiated. which a closc scasou IS providcd, by means of a trap, net or 
snare, or, for the purpose of killing a wild bird or water fowl, 
or any wild quadruped, so protected by law, to construct or 
set a trap, net or snare, or to pursue, shoot at or kill any wild 
fowl, or any of the so-called shore, marsh and beach birds, 



General Acts, 1919. — Chaps. 66, 67. . 43 

with a swivel or pivot gun, or by the use of a torch, jack or 
artificial light, or by the aid or use of any vehicle, boat or 
floating device propelled by steam, naphtha, gasolene, elec- 
tricity, compressed air, or any similar motive power, or by 
any mechanical means other than sails, oars or paddles. 
But the provisions of this chapter shall not apply to persons Exemption. 
shooting at or killing said birds from such boats or floating 
devices if the same are at anchor. 

Approved April 1, 1919. 



An Act to establish a close season for the hunting Chap. 66 
OR killing of raccoons. 

Be it enacted, etc., as follows: 

Section 1. It shall be unlawful in this commonwealth f;l?huntin°"or 
to hunt, pursue, take or kill, or have in possession, except killing of 

•II' 1 r> 1 11 1 ■ I' 1 raccoons 

as provided ni chapter five hundred and sixty-seven or the established. 
acts of nineteen hundred and twelve, a raccoon at any time 
between the first day of January and the thirtieth day of 
September, both days inclusive, in each year. 

Section 2. Molation of this act shall be punished by a Penalty. 
fine of not less than five nor more than one hundred dollars 
for each offence. Approved April 2, 1919. 



An Act relative to the filing of returns by certain Chau 67 

banks. 

Be it enacted, etc., as follows. • 

Section 1. The duties devolving upon the secretary of Duties of tiio 
the commonwealth in the case of certain banks under the comnaonweaith 

• . Cj* -j-i 1111 in the case of 

provisions or sections ninety-nine to one hundred and seven, certain banks 
inclusive, of chapter one hundred and fifteen of the Revised formeS'^by the 
Laws and acts in amendment thereof or in addition thereto, missioMn 
shall hereafter be performed by the bank commissioner. 
Section 2. The ex-pense of publishing the returns of Certain 

-, -ii • 111 1 (• expenses to be 

each bank, as required by section one hundred and two of paid by banks, 
said chapter one hundred and fifteen, shall be paid by the 
bank and need not be approved by the governor and council. 
Upon the failure of any bank to pay the said expense, the 
bank commissioner shall report the facts to the attorney- 
general who shall take immediate action in the premises. 

Approved April 2, 1919. 



44 General Acts, 1919. — Chaps. 68. 69. 



Chap. 68 An Act relative to surrender equities in fraternal 

BENEFIT SOCIETIES. 

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

1911, 628, § 5, Section five of chapter six hundred and twenty-eight of 
etc., amended, the acts of nineteen hundred and eleven, as amended by 
chapter one liundred and eight of the General Acts of nine- 
teen hundred and seventeen, is hereby further amended 
by striking out subsection two and substituting the follow- 
Certain 'mg- — Svbscction 2. Aiw socicty which shall show by the 

benefit societies auuual valuatiou hereinafter provided for that it is accumu- 
wUhdrawai latiug and maintaining the tabular reserve required by a 
equities. table of mortality not lower than the American experience 

table and four per cent interest, and which has provided 
for stated periodical mortuary contributions based on said 
standard, or which shall show that its stated periodical 
mortuary contributions for the period of the five years next 
preceding, at rates at no time higher than those in use fol- 
lowing said period, were sufficient to pay the actual claims 
and maintain the aforesaid reserve for said period without 
recourse to the reserves released by the lapsing of certificates, 
and without falling below said standard for any two con- 
secutive years of said period, may grant to its members 
such extended or paid-up protection or such withdrawal 
Proviso. equities as its constitution and laws may provide: provided, 

that such grants shall be equitable and shall in no case ex- 
ceed in value the portion of the reserve derived from the pay- 
ments of the individual members to whom they are made. 

Appromd April 2, 1919. 



Chap. 69 An Act relative to the appointment of an additional 

DEPUTY IN THE DEPARTMENT OF THE AUDITOR OF THE 
COMMONWEALTH. 

Emergency Whcreds, An emcrgcncy exists requiring the immediate 

passage and operation of the following act which will enable 
the appointment of a deputy in the department of the au- 
ditor, already authorized by law, without the delays and 
restrictions imposed by the civil service laws, accordingly 
the act is declared to be an emergency act, as necessary to 
the preservation of the public convenience. 



General Acts, 1919. — Chaps. 70, 71. 45 

Be it enacted, etc., as folio ws: 

Section 1. The appointment of the additional deputy ofTddSai* 
in the department of the auditor, authorized b^- section four deputy in the 

111 IP f f 1 r^ 1 A J. department of 

of chapter two hundred and torty-iour oi the (jeneral Acts the state 

of nineteen hundred and eighteen, shah be subject to confir- to confirmation 

, • 1 . 1 1 M by the governor 

mation by the governor and council. and council. 

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

Approved April 3, 1919. 



An Act to enable manufacturing corporations to pro- Chap. 70 

VIDE FOR THE REPRESENTATION OF THEIR EMPLOYEES ON 
THE BOARD OF DIRECTORS. 

Be it enacted, etc., as folio ws: 

Section 1. A manufacturing corporation may pro\'ide Election of 
by by-law for the nomination and election by its employees mamiFa'ctlTring 
of one or more of them as members of its board of directors, by empio°yeM. 

Section 2. All elections under the provisions of sec- Holding of 
tion one shall be held at the works of the corporation on the 
day of the annual meeting, and the -soting shall be b}- secret 
ballot. 

Section 3. If less than a maioritv of those entitled to when to be 

. . . , , . 1*1111 1 • '^° election. 

vote participate in the election there shall be no election, 
and the vacancy shall be filled as the by-laws ina>' prescribe. 

Section 4. A director elected by the employees shall pfi^e|.go["^ 
have the same rights and j)owers and shall be subject to the directors. 
same duties and responsibilities as a director elected by the 
stockholders. Approved April 3, 1919. 



An Act to require the keeping of certain records CJiqjj 71 
relative to the standing of attorneys at law. 

Be it enacted, etc., a.? /o//o»',9; 

Section 1. The clerk of the supreme judicial court for certain records 
the county of Suffolk shall cause to be made, and shall keep, fhiTstrnding 
a complete record in suitable form of all persons who are, or fiw "obTkept. 
ever have been, or may hereafter become, attorneys at law 
in this commonwealth, and of the suspension, removal or 
disbarment of such as have been so suspended, removed or 
disbarred, or may hereafter be suspended, removed or dis- 
barred. 



46 



General Acts, 1919. — Chap. 72. 



Clerks of 
courts, etc., to 
make certain 
reports. 



Records to be 

competent 

evidence. 



Sectiox 2. Clerks of courts and other persons in whose 
custody there is, or may hereafter be, any record of an ad- 
mission to the bar of an attorney at law, any record of a 
petition for suspension or removal therefrom, or of a judg- 
ment or decree of suspension or removal from practice of any 
attorney at law, shall, within six months after the taking 
effect of this act, or within thirty days after the date of any 
such future record, report the same to the clerk of the su- 
preme judicial court for the county of Suffolk. 

Section 3. The record of the clerk of the supreme judi- 
cial court for the county of Suffolk relative to an admission 
to the bar, or a suspension, or removal therefrom shall be 
prima facie evidence of the facts recorded. A certificate 
thereof, signed by the clerk or assistant clerk shall be ad- 
missible as evidence of such record. 

Approved April 3, 1919. 



Chap. 72 An Act to provide for filling vacancies on wage 

BOARDS. 



1912. 706, § 4. 
etc., amended. 



Wage boards, 
establishment 
of. 



Notice to em- 
ployers, etc. 



Be it enacted, etc., as follows: 

Section four of chapter seven hundred and six of the acts 
of nineteen hundred and twelve, as amended by section one 
of chapter three hundred and sixty-eight of the acts of nine- 
teen hundred and fourteen, is hereby further amended by 
adding at the end thereof the following: • — The commis- 
sion shall have power to fill a vacancy or vacancies arising 
in a duly constituted wage board by appointing a sufficient 
number of suitable persons to complete the representation 
of the employers, employees, or public, as the case may be, 
— so as to read as follows: — Section 4- If after such in- 
vestigation the commission is of the opinion that in the occu- 
pation in question the wages paid to a substantial number of 
female employees are inadequate to supply the necessary 
cost of living and to maintain the worker in health, the com- 
mission shall establish a wage board consisting of an equal 
number of representatives of employers in the occupation 
in question, and of persons to represent the female employees 
in said occupation, and of one or more disinterested persons 
appointed by the commission to represent the public; but 
the representatives of the public shall not exceed one half of 
the number of representatives of either of the other parties. 
The commission shall give notice to employers and em- 
ployees in said occupation by publication or otherwise of its 



General Acts, 1919. — Chap. 73. 47 

determination to establish a wage board and shall request 
that said employers and employees, respectively, nominate 
representatives for said board by furnishing names to the 
commission. The representatives of employers and em- 
ployees shall be selected by the commission from names 
furnished by the employers and by the employees, respec- 
tively, provided that these names are furnished within ten 
davs after the request of the commission. The commission Commission to 

* , . designate 

shall designate as chairman one of the representatives of the ciiairman, etc. 
public, and shall make rules and regulations governing the 
selection of members and the modes of procedure of the 
boards, and shall exercise exclusive jurisdiction over all ques- 
tions arising with reference to the validity of the procedure 
and of the determinations of the boards. The members of 
wage boards shall be compensated at the same rate as jurors, 
and they shall be allowed the necessary travelling and cleri- 
cal expenses incurred in the performance of their duties, 
these payments to be made from the appropriation for the 
expenses of the commission. The commission shall have ^1^^^°''"*^' ''"'^ 
power to fill a vacancy or vacancies arising in a duly con- 
stituted wage board by appointing a sufficient number of 
suitable persons to complete the representation of the em- 
ployers, employees, or public, as the case may be. 

Approved April 3, 1919. 

An Act relative to alloW'ANCes for travel duty to ^i yo 

MEMBERS OF THE MILITL\. ^' 

Be it enacted, etc., as follows: 

Paragraph (a) of section one hundred and sixty-eight of i9i7, 327 (o, 
chapter three hundred and twenty-seven of the General ameiicS " ' 
Acts of nineteen hundred and seventeen is hereby amended 
by striking out the words "two and one quarter cents a 
mile each way", in the fourth and fifth lines, and substitut- 
ing the words : — mileage at the rates established by law, 

— and by inserting after the word "situated", in the eighth 
line, the words : — and return, — so as to read as follows : 

— Section 168. (a) There shall be allowed and paid to Allowances for 
each officer and soldier required to travel on duty, as fol- members of ° 
lows: under sections seventeen, twenty-five, twenty-six, *'"''"'''*"*• 
one hundred and forty-six and one hundred and forty-seven, 

mileage at the rates established by law computed by the 
most direct railroad communication from the place in which 
the headquarters of the various commands and the armories 



48 



General Acts, 1919, — Chap. 74. 



Allowances for 
travel duty to 
members of 
the militia. 



of the companies are situated and return, or by such route 
as may be approved by the commander-in-chief; and when 
upon duty as a member or judge advocate of any mihtary 
court or board, or as a witness or defendant before such court 
or board, when attending meetings of officers and noncom- 
missioned officers, as pro\'ided in section one hundred and 
fifty-six; when acting as the presiding officer at an election, 
as an elector at the election of a general or field officer, or as 
a paymaster, and in any ease when obliged by orders of the 
commander-in-chief to travel without troops, — four cents 
a mile each way, computed by the most direct railroad com- 
munication from the residence of the officer or soldier, or 
by such route as may be approved by the commander-in- 
chief. Approved April 3, 1919. 



Worcester 
department 
of the Grafton 
state hospital 
made a part 
of the Worcester 
state hospital. 



Chap. 74 An Act to make the Worcester department of the 

GRAFTON STATE HOSPITAL A PART OF THE W^ORCESTER 
STATE HOSPITAL. 

Be it enacted, etc., as follows: 

Section 1. That portion of the land and buildings of 
the Grafton state hospital which is situated within the city 
of Worcester, is hereby separated from said hospital and 
removed from the control of the trustees thereof, and is made 
a part of the Worcester state hospital, subject to the author- 
ity of the trustees of the latter institution. The furniture 
and equipment of said buildings are hereby conveyed to 
the custody and for the use of the Worcester state hospital 
except such parts of the same as ma\' be reserved by the 
commission on mental diseases for the use of the Grafton 
state hospital, which parts may be removed to the main 
department of said hospital at North Grafton and shall be 
in the custody of that institution. The rights to take water 
from, and all other rights of the Grafton state hospital 
in. Hermitage pond in Worcester, together with the pipe- 
line and right of way therefor from said pond to the land of 
said hospital, are hereby conveyed to the trustees of the 
Worcester state hospital, to have and to hold on the terms 
upon which they are now held by the Grafton state hospital, 
or the trustees thereof. 

Section 2. This act shall take eflfect on the first day of 
December, nineteen hundred and nineteen. 



Time of taking 
effect. 



Approved April 3, 1919. 



General Acts, 1919. — Chap. 75. 49 



An Act to provide for the appointment in the county QJiaj) 75 

OF SUFFOLK OF TRUSTEES FOR COUNTY AID TO AGRICUL- 
TURE. 

Be it enacted, etc., as folloivs: 

Section 1. The mayor and city council of the city of Appointment 
Boston, acting as county commissioners of the county of coun"ty°of 
Suffolk, may appoint an unpaid board of nine trustees to count^\w\o 
be known as trustees for county aid to agriculture in the '^s"'^"'*"''^- 
county of Suffolk, three of whom shall serve for one year, 
three for two years, and three for three years, from the first 
day of April in the current year, and thereafter, as the term 
of each trustee expires, or as a vacancy occurs, the mayor 
and city council shall appoint a successor for a term of three 
years. One of said board shall always be the mayor or a 
member of the city council. Said trustees shall have in said Powers and 
county all the powers and duties conferred and imposed 
upon trustees for county aid to agriculture in the several 
counties by chapter two hundred and seventy-three of the 
General Acts of nineteen hundred and eighteen, and all the 
provisions of said chapter, so far as they may be applicable, 
except as is otherwise provided herein, shall apply to the 
trustees hereby established. 

Section 2. Said trustees shall annually prepare a bud- Annual budget 
get, and submit the same to the mayor and city council of mitted, etc. 
the city of Boston, not later than the last Wednesday ill 
December, containing a detailed estimate of all sums required 
by them, during the ensuing year, for discharging their duties 
and accomplishing the purposes for which they were estab- 
lished, and the city of Boston shall thereupon undertake Boston to pro- 
to provide one half of the said sums: yromded, that funds ofsum"'re-^ 
shall be paid over to said trustees to the extent only, and '^^^^^^ 
upon their certificate, that a like amount has been received 
by them from other sources, including funds received under 
the provisions of section two of said chapter two hundred 
and seventy-three. 

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

Approved April 4, 1919. 



50 



General Acts, 1919. — Chap. 76. 



Chap. 76 An Act to require employers to keep records of the 

WORKING hours OF WOMEN AND MINORS IN CERTAIN 
CASES. 



1912, 706, § 11. 
etc., amended. 



Minimum wage 
commission 
may require 
employers to 
keep records of 
working hours 
of women and 
minors. 



Penalty. 



Commission 
may summon 
witnesses, etc. 



Be it enacted, etc., as follows: 

Section eleven of chapter seven hundred and six of the acts 
of nineteen hundred and twelve, as amended by section 
one of chapter three hundred and thirty of the acts of nine- 
teen hundred and thirteen and by section four of chapter 
three hundred and sixty-eight of the acts of nineteen hun- 
dred and fourteen, is hereby further amended by inserting 
after the word "minor", in the fifth line, the words: — and 
if the commission shall so require, shall also keep for a speci- 
fied period, not exceeding six months, a record of the hours 
worked by such employees, — and by inserting after the 
word "minors", in the twelfth line, the words: — and the 
hours worked by such employees. Any employer failing to 
keep a register or records as herein provided, or refusing 
to permit their inspection or examination shall be deemed 
guilty of a misdemeanor, and shall be punished by a fine 
of not less than five nor more than fifty dollars for each 
offense, — so as to read as follows: — Sedioii 11. Every 
employer of women and minors shall keep a register of the 
names, addresses and occupations of all women and minors 
employed by him, together with a record of the amount paid 
each week to each woman and minor, and if the commission 
shall so require, shall also keep for a specified period, not ex- 
ceeding six months, a record of the hours worked by such 
employees, and shall, on request of the commission or of the 
director of the bureau of statistics, permit the commission 
or any of its members or agents, or the director of the bureau 
of statistics or any duly accredited agent of said bureau, to 
inspect the said register and to examine such parts of the 
books and records of employers as relate to the wages paid 
to women and minors and the hours worked by such em- 
ployees. Any employer failing to keep a register or records 
as herein provided, or refusing to permit their inspection or 
examination shall be deemed guilty of a misdemeanor, and 
shall be punished by a fine of not less than five nor more 
than fifty dollars for each offense. The commission shall 
also have power to subpoena witnesses, administer oaths and 



General Acts, 1919. — Chaps. 77, 78. 51 

take testimony. Such witnesses shall be summoned in the 
same manner and be paid from the treasury of the common- 
wealth the same fees as witnesses before the superior court. 

Approved April 4, 1919. 

An Act to provide for the posting of notices of hear- Chaj). 77 

INGS, nominations FOR WAGE BOARDS, AND OF DECREES 
OF THE MINIMUM WAGE COMMISSION. 

Be it enacted, etc., as follows: 

Section 1. Chapter seven hundred and six of the acts 1912, 706, §u. 
of nineteen hundred and twelve, as amended by chapters 
three hundred and thirty and six hundred and seventy-three 
of the acts of nineteen hundred and thirteen, by chapter 
three hundred and sixty-eight of the acts of nineteen hundred 
and fourteen and by chapter three hundred and three of the 
General Acts of nineteen hundred and sixteen, is hereby 
further amended by inserting after section eleven the fol- 
lowing new section, to be numbered 11 A: — Section 11 A. ^^^^^Z^^^ 
The commission may require employers in any occupation ^j-^io®ers to 
to post notices of its hearings or of nominations for wage post notices of 

^ „ , , '^ , , . , . , its hearings, 

boards, or or decrees that apply to their employees, in such nominations 
reasonable way and for such length of time as it may direct, boards, and of 
Whoever refuses or fails to post such notices or decrees, p^^y^.*°' 
when so required, shall be punished by a fine of not less than 
five nor more than fifty dollars for each offense. The com- 
mission and the state board of labor and industries shall 
have power to enforce the provisions of this section. 

Section 2. Chapter sixty-five of the General Acts of ^®p®^'- 
nineteen hundred and fifteen is hereby repealed. 

Approved April 4, 1919. 

An Act to enable certain cities and towns to meet (J^^j) 78 

THEIR OBLIGATIONS RELATIVE TO CERTAIN BRIDGE EX- 
PENSES. 

Be it enacted, etc., as follows: 

Section 1 . The cities and towns required to make pay- Certain cities 
ments in compliance with sections two and three of chapter raise by ux'a^^ 
five hundred and eighty-one of the acts of nineteen hundred money to m°eet 
and eleven, relating to the construction, repair and main- ttons reiafhre 
tenance of the bridges therein mentioned, and with chapter briT'eOTpenses 
three hundred and forty-one of the acts of nineteen hundred 



52 



General Acts, 1919. — Chap. 79. 



Proviso. 



Payment of 
securities. 



Rates of 
interest. 



and thirteen, are hereby authorized to raise by taxation or 
to borrow, in excess of the statutory Hmit, such sums as may 
be necessary therefor, and for this purpose may issue bonds 
or notes: provided, however, that no loan shall be issued to 
pay any assessment for the maintenance of said bridges 
subsequent to the acceptance by the supreme judicial court 
of the report by the board of commissioners provided for 
by said chapter three hundred and forty-one. 

Section 2. Securities issued under authority of this act 
shall be payable in not more than twenty years from the 
date of each issue and in accordance with the provisions of 
section fourteen of chapter seven hundred and nineteen of 
the acts of nineteen hundred and thirteen and acts in amend- 
ment thereof or in addition thereto. Securities issued here- 
under by a city shall bear such rates of interest as may be 
fixed by the treasurer with the approval of the mayor, and 
securities issued by a town shall bear such rates of interest 
as may be fixed by the treasurer with the approval of the 
selectmen. 

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

Approved April 5, 1919. 



Chav. 79 An Act to provide for the maintenance of bunker hill 

MONUMENT BY THE COMMONWEALTH, UNDER THE CONTROL 
OF THE METROPOLITAN PARK COMMISSION. 

Be it enacted, etc., as follows. • 

Section 1 . In order to carry out the provisions of chap- 
ter one of the laws passed by the general court at the ses- 
sion which began on the twenty-eighth of May, eighteen hun- 
dred and twenty-three, approved June seventh, of said year, 
incorporating The Bunker Hill Monument Association, and 
the provisions of chapter one hundred and twenty-two of 
the laws passed at the session of the general court which 
began on the fifth of January, eighteen hundred and twenty- 
five, approved February twenty-sixth, of said year, which 
directed said corporation to convey to the commonwealth 
Bunker Ilill Monument, together with all the land purchased 
and held by said corporation in connection therewith, on 
condition that the commonwealth shall keep the said monu- 
ment and any buildings for public use connected therewith 
in good repair forever, the metropolitan park commission, 
acting for the commonwealth, is hereby authorized and 
directed to accept from said corporation on behalf of the 



Metropolitan 
park commis- 
sion on behalf 
of common- 
wealth may 
accept con- 
veyance of and 
maintain 
Bunker Hill 
Monument, 
etc. 



General Acts, 1919. — Chap. 80. 53 

commonwealth a conveyance of said land, monument and 
buildings as set forth in said acts. When such conveyance 
shall have been made and accepted as herein provided, the 
said commission shall thereafter maintain said land, monu- 
ment and buildings for public uses and purposes consistent 
with those for which the said corporation was created, and 
for which the monument was erected. 

Section 2. For the purpose of carrying out the pro- Authority and 
visions of this act, the metropolitan park commission shall ^rrdsed'by 
have and exercise over said monument, buildings and land t^e commiaaion. 
conveyed to the commonwealth the same authority and 
powers conferred upon said commission in respect to the 
government and control of open spaces for exercise and 
recreation by chapter four hundred and seven of the acts of 
eighteen hundred and ninety-three and acts in amendment 
thereof or in addition thereto, and may annually expend 
from the treasury of the commonwealth such sums as the 
general court may appropriate. 

Approved April 5, 1919. 

An Act to enable certain pensioners and annuitants Chav 80 
TO receive the emoluments of elective office. 

Be it enacted, etc., as follows: 

Section one of chapter six hundred and fifty-seven of the 1013,657. § i, 
acts of nineteen hundred and thirteen, as amended by chapter ^^^" ^"^^^ ^ ' 
eighty-eight of the General Acts of nineteen hundred and 
sixteen and by section one hundred and thirty-five of chapter 
two hundred and fifty-seven of the General Acts of nineteen 
hundred and eighteen, is hereby further amended by inserting 
after the word "service", in the eighth line, the words: — • 
and service in a public office to which he has been elected by 
the direct ^'ote of the people, — so as to read as follows : — 
Section 1. No person, while receiving a pension or an certain pen- 
annuity from the commonwealth, or from any county, city Innuitams may 
or town, except teachers who on March thirty-first, nine- ments^ol'eiec" 
teen hundred and sixteen, were receiving annuities not ex- tive office, 
ceeding 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 and service in a 
public office to which he has been elected by the direct vote 
of the people, rendered to the commonwealth, county, city 
or town, from whose treasury said pension or annuity is 
payable. Approved April 5, 1919. 



54 



General Acts, 1919. — Chaps. 81, 82. 



1913, 835. 5 19, 
etc., amended. 



Assessment of 
persons not 
previously 
assessed for a 
poll tax. 



Chap. 81 An Act to dispense with the production of witnesses 
IN order to establish the right to assessment for a 

POLL TAX OR TO REGISTRATION AS A VOTER. - 

Be it enacted, etc., as follows: 

Chapter eight hundred and thirty-five of the acts of nine- 
teen hundred and thirteen, as amended by section five of 
chapter ninety-one of the General Acts of nineteen hundred 
and fifteen, by section five of chapter twenty-nine and by 
section five of chapter one hundred and six of the General 
Acts of nineteen hundred and seventeen, and by section five 
of chapter two hundred and eighty-two of the General Acts 
of nineteen hundred and eighteen, is hereby further amended 
by striking out section nineteen and substituting the follow- 
ing: — Section 19. If a male person resident in a city or 
town, except the cities of Boston, Cambridge and Chelsea 
and the town of Watertown, on the first day of April was 
not assessed for a poll tax, he shall, in order to establish his 
right to assessment, present to the assessors before the close 
of registration a statement under oath that he was on said 
day a resident of such city or town and liable to pay a poll 
tax therein, and a list under oath of his polls and estate. 
A male person who becomes a resident of a city or town, 
except the cities of Boston, Cambridge and Chelsea and 
the town of Watertown, after the first day of April, and 
desires to be registered as a voter, shall present to the as- 
sessors a statement under oath that he has been a resident 
of such city or town for six months immediately preceding 
the election at which he claims the right to vote. If the 
assessors are satisfied that such statement is true, they shall, 
in the first case, assess the applicant for his polls and estate 
and give him a certificate of assessment, and in the second, 
give him a certificate that he has been a resident in such 
city or town for the six months preceding the election, and 
shall forthwith notify the registrars of voters of the city 
or town, if in this commonwealth, where such person resided 
on the first day of April, that they have given such certif- 
icate. Approved April 5, 1919. 

Chap. 82 An Act relative to the reserves of trust companies. 

Be it enacted, etc., as follows: 

i908,520^^§j)^ (^hapter five hundred and twenty of the acts of nineteen 
hundred and eight, as amended by chapter two hundred 



Registration 
as voters 
and dutie.s 
of assessors. 



General Acts, 1919. — Chap. 83. 55 

and eighty-three of the General Acts of nineteen hundred 
and seventeen, is hereby further amended by striking out 
section nine and substituting the following : — Sectio)i 0. Reserves of 
Not less than two fifths of such reserve shall consist of law- panics. 
ful money of the United States, gold certificates, silver cer- 
tificates, or notes and bills issued by any lawfully organ- 
ized national banking association or federal reserve bank, 
or bonds of the United States or of this commonwealth 
computed at their fair market value which are the absolute 
property and in the possession of such corporation, or of 
certificates of indebtedness of the United States; and at 
least one half of the said two fifths of such reserve shall 
consist of lawful money of the United States, gold certifi- 
cates, silver certificates, or notes and bills issued by any 
lawfully organized national banking association or federal 
reserve bank. The remainder of such reserve may consist 
of balances, payable on demand, due from any trust com- 
pany in the city of Boston authorized to act as reserve agent 
as hereinafter provided, or from any national banking asso- 
ciation doing business either in this commonwealth or in the 
cities of New York, Philadelphia, Chicago, or Albany, or 
from the federal reserve bank of Boston. A portion of such 
remainder, not exceeding one third, may consist of bonds of 
the United States or of this commonwealth computed at 
their fair market value, which are the absolute property 
and in the possession of such corporation, provided that Proviso, 
the aggregate amount of lawful money, bonds and certifi- 
cates of indebtedness of the United States, bonds of this 
commonwealth, and gold certificates, silver certificates and 
notes and bills issued by any lawfully organized national 
banking association or federal reserve bank held by such 
corporation shall at all times be equal to at least five per cent 
of the aggregate amount of all its time and demand deposits, 
exclusive of deposits in its savings department. 

Approved April 5, 1919. 



An Act changing the penalty provided for the pro- Qjku) 83 

TECTION OF certain GAME. 

Be it enacted, etc., aft follows: 

Chapter five hundred and thirty-three of the acts of nine- i9io, 533, § 4, 
teen hundred and ten, as amended by chapter one hundred ^^^ ' ^"^^^ *''' 
and one of the acts of nineteen hundred and eleven, and 
by chapter one hundred and ten of the General Acts of nine- 



56 



General Acts, 1919. — Chaps. 84, 85. 



Penalty pro- 
vided for pro- 
tection of cer- 
tain game 
changed. 



teen hundred and sixteen, and as affected by chapter one 
hundred and eighteen of the acts of nineteen hundred and 
eleven, is hereby further amended by striking out section 
four and substituting the following: — Section 4- Viola- 
tion of this act shall be punished by a fine of not less than 
five nor more than fifty dollars for each offence. 

Approved April 5, 1919. 



R. L. 42, § 50, 
etc., amended. 



Display of 
United States 
flag on scliool- 
houses. 



Chap. 84 An Act relative to the display of the flag on .school- 
houses. 

Be it enacted, etc., as folloivs: 

Chapter forty-two of the Revised Laws, as amended by 
chapter two hundred and twenty-nine of the acts of nineteen 
hundred and nine, and by chapter two hundred and thirty- 
two of the acts of nineteen hundred and eleven, is hereby- 
further amended by striking out section fifty and substitut- 
ing the following : — Section 50. Every school committee 
shall provide for each schoolhouse under its control, which 
is not otherwise supplied, a United States flag of silk or bunt- 
ing not less than four feet long, and suitable apparatus for 
displaying the same. The flag shall be displayed, w^eather 
permitting, on the school building or grounds on every school 
day and on every holiday established by state or federal law, 
or proclaimed by the governor or the president of the United 
States. On stormy school days, the flag shall be displayed 
inside the building. Failure to comply w\t\\ this section 
for a period of five consecutive days by the principal or 
teacher in charge of a school equipped as aforesaid shall be 
punished by a fine of not more than five dollars for every such 
period. Failure of the school committee to equip a school 
as provided in this section shall subject the members thereof 
to a like penalty. Approved April 5, 1919. 



Penalty. 



Chap. 85 An Act relative to local collectors of insurance 

COMPANIES. 

Be it enacted, etc., as follows: 

Repeal. Chapter five hundred and ten of the acts of nineteen 

hundred and thirteen, dispensing with the licensing of local 
collectors for insurance companies, is hereby repealed. 

Approved April o, 1919, 



General Acts, 1919. — Chap. 86. 57 



An Act relative to the definition of insuil\nce agent CJiar) gg 

OR broker. 

Be it enacted, etc., asfolloivs: 

Section ninety-eight of chapter five hundred and seventy- i907, 576, § 98. 
six of the acts of nineteen hundred and seven is hereby ^™^ 
amended by inserting after the word "reinsurance", in the 
fifth and sixth fines, the words: — or in negotiating the con- 
tinuance or renewal of such contracts, — by striking out 
the words "and no person shafi act as such broker, except 
as provided in section ninety-five", in the seventh and eighth 
Hues, by inserting after the word "insurance", where it first 
occurs in the fourteenth fine, the words: — or negotiation 
of its continuance or renewal, — and by adding at the end 
thereof the words: — A cofiector of premiums who. does 
not soficit appfications for, or the renewal or continuance 
of insurance contracts, or act or aid in negotiating such 
contracts or in negotiating the renewal thereof, may carry 
on such business without a ficense therefor, provided that 
the cofiection fee does not exceed five per cent of any amount 
coUected, — so as to read as fofiows: — -Section 98. Who- Definition of 

n ,• J. 1 • J.I • j^ 1 j_ insurance 

ever, tor compensation, not benig the apponited agent or broker, 
officer of the company in which any insurance or reinsurance 
is effected, acts or aids in any manner in negotiating con- 
tracts of insurance or reinsurance or placing risks or effect- 
ing insurance or reinsurance or in negotiating the continuance 
or renewal of such contracts for a person other than himself, 
shall be an insurance broker. 

A person not a duly licensed insurance broker, who for Definition of 

,• ^' '^ ' l_ 1 ij? r • insurance 

compensation solicits insurance on behalt oi any insurance agent. 
company, or transmits for a person other than himself an 
application for or a policy of insurance to or from such com- 
pany, or offers or assumes to act in the negotiation of such 
insurance, or negotiation of its continuance or renewal, 
shall be an insurance agent within the intent of this act, 
and shall thereby become liable to all the duties, require- 
ments, liabilities and penalties to which an agent of such 
company is subject. 

A collector of premiums who does not solicit applications Certain coi- 

p ,1 1 ■• e • , , lectors of pre- 

lor, or the renewal or continuance oi insurance contracts, miumsmay 
or act or aid in negotiating such contracts or in negotiating ^7without*" 
the renewal thereof, may carry on such business without a ^I'^ense. 
license therefor, provided that the collection fee does not Proviso. 
exceed five per cent of any amount collected. 

Approved April 5, 1919. 



58 



General Acts, 1919. — Chaps. 87, 88, 89. 



Paymont of 
compensation 
to unlicensed 
insurance 
agents or 
brokers for- 
bidden. 



Proviso. 



Penalty. 



Chap. 87 An Act to forbid payment of compf>nsation to un- 
licensed INSURANCE AGENTS OR BROKERS. 

Be it enacted, etc., as follows: 

No insurance company and no officer, agent, or employee 
thereof, and no duly licensed insurance broker, shall, di- 
rectly or indirectly, pay or allow, or agree to pay or allow, 
compensation or anything of value to any person for placing 
or negotiating insurance on lives, property or interests 
in this commonwealth, or negotiating the continuance or 
renewal thereof, or for attempting so to do, who, at the date 
thereof, is not a duly licensed insurance agent or broker: 
lirovided, however, that this act shall not be construed as 
affecting the provisions of chapter five hundred and eleven 
of the acts of nineteen hundred and eight, as amended by 
chapter four hundred and one of the acts of nineteen hun- 
dred and twelve. Whoever knowingly violates the provisions 
of this act shall be subject to a fine of not less than twenty 
dollars nor more than two hundred dollars. 

Approved April 5, 1919. 

Chap. 88 An Act relative to the operation of motor vehicles. 

Be it enacted, etc., as follows: 

Chapter five hundred and thirty-four of the acts of nine- 
teen hundred and nine, as affected by chapter eighty-seven 
of the General Acts of nineteen hundred and fifteen, is 
hereby amended by striking out section nine and substitut- 
ing the following: — Section 9. No person shall operate any 
motor vehicle nor shall the owner or custodian of such a 
vehicle permit the same to be operated upon, or to remain 
upon, any way in this commonwealth unless the vehicle is 
registered in accordance with the provisions of this act, 
nor unless the vehicle is equipped as provided in sections 
five, six and seven hereof, as amended, or in section one of 
chapter four hundred and twenty of the acts of nineteen 
hundred and fourteen, except as is otherwise provided in 
section three hereof and in the amendments thereto. 

Approved April 7, 1919. 



1909, 534, § 9, 
etc., amended. 



Operation of 
motor vehicles. 



Chap. 



Emergency 
preamble. 



89 An Act to enable the commonwealth to secure federal 

AID IN THE construction OF HIGHWAYS. 

Whereas, The congress of the United States has recently 
appropriated two hundred million dollars for the construe- 



General Acts, 1919. — Chap. 90. 59 

tion of certain liighways in co-operation with the several pr'^amWe*'^ 
states, and has provided that a part of the four milUon dol- 
lars assigned to this commonwealth, to wit, over one million 
dollars, shall be available immediately so that labor can be 
employed at once; and. 

Whereas, Congress has stipulated that preference in em- 
ployment shall be given to honorably discharged soldiers, 
sailors and marines, accordingly, in order to secure the 
money available from the federal government, the Massachu- 
setts highway commission must be authorized to comply 
with the requirements thereof, and must make contracts 
and agreements immediately so that actual work can be 
begun and employment provided forthwith, therefore the 
following act for the above purpose is hereby declared to 
be an emergency law as necessary for the immediate preserva- 
tion of the public convenience. 

Be it enacted, etc., as follows: 

Chapter sixty-seven of the General Acts of nineteen hun- mi, 67 (O, 
dred and seventeen, as amended by chapter eighteen of the amended. 
General Acts of nineteen hundred and eighteen, is hereby 
further amended by adding the following new section: — 
Section 4- The Massachusetts highway commission is Massachusetts 
hereby authorized to make any agreements or contracts that mfssron^i^™' 
may be required to secure federal aid in the construction of ^c^ to'^ecure'^' 
highways under the provisions of the act of congress afore- federal aid in 

• iipi, 1 • 1 , »• 1,- construction of 

said, and oi all other acts in amendment thereof, or in addi- highways. 
tion thereto, and may, in such agreements or contracts, 
provide, among other things, for such labor preferences to 
honorably discharged soldiers, sailors and marines as are 
made necessary by federal legislation, and may provide that 
no other preference or discrimination among citizens of the 
United States shall be made in connection with the expendi- 
ture of any money received from the federal government by 
virtue of the said legislation. Approved April 9, 1919. 

An Act relative to the status of certain surety bonds r*/,^^ on 

AND OF THE COMPANIES ISSUING THE SAME. ^' 

Be it enacted, etc., as foUoics: 

If an insurance companv is incorporated or authorized status of cer- 

1 . 11 11' • *^"* surety 

in this commonwealth to transact the business specified in bonds and of 
clause Third of section thirty-two of chapter five hundred f°sumg"the 
and seventy-six of the acts of nineteen hundred and seven, ^^'"^' 



60 



General Acts, 1919. — Chap. 91. 



the bonds by virtue of which such company becomes surety 
for a principal shall not be deemed to be insurance contracts 
as defined in section three of said chapter, but the company 
shall otherwise be subject to the provisions of said chapter, 
so far as applicable, and agents and brokers shall in respect 
to such bonds be subject to all the pro\isions of said chapter 
which apply to them in respect to insurance contracts. 

Apjyroved April 9, 1910. 



Sale of kindling 
wood in 
bundles and 
by measure 
regulated. 



Chap. 91 An Act relative to the sale of coke, charcoal and 

KINDLING WOOD. 

Be it enacted, etc., as folio ws: 

Section 1. Edgings or kindling wood shall not be sold 
in bundles unless the same are closely packed and are not 
less than twenty-seven inches in circumference. Unpacked 
kindling wood shall not be sold unless by measure, and 
baskets or similar receptacles used in selling coke, charcoal 
or unpacked kindling wood by measure shall be of one bushel 
or multiple thereof, Massachusetts standard dry measure, 
shall have their capacity plainly marked thereon, shall be 
sealed by a sealer of weights and measures of the city, town 
or district in which the vendor resides or conducts his busi- 
ness, and shall be filled at least level full when well shaken. 

Section 2. Unpacked kindling wood exceeding six 
inches in length shall not be sold in bags or sacks. Paper 
bags or sacks used or intended to be used in the sale of coke, 
charcoal or kindling wood by measure shall be not less than 
twenty-five inches in height, and not less than thirteen and 
one half inches in width, and the bottoms of the bags or 
sacks shall not be less than four and three quarters inches 
wide. They shall be filled to a point not more than six inches 
from the upper end. Bags of unpacked kindling wood or of 
coke or charcoal sold or ofl^ered for sale by measure shall 
contain, and shall be sold as containing, one half bushel, 
Massachusetts standard dry measure, of the said goods. 
The bags or sacks shall be plainly marked with the name 
and business address of the person, firm or corporation 
putting up the same, and the words "one half bushel" in 
bold, uncondensed, capital letters at least one inch in height. 

Section 3. Violation of this act shall be punished by a 
fine not exceeding fifty dollars for each offense. The com- 
missioner of standards and the local sealers of weights and 
measures shall cause the provisions of this act to be enforced. 



Use of bags 
and sacks in 
sale of coke, 
charcoal or 
kindling wood 
regulated. 



Marking on 
bags, etc. 



Penalty. 

Act, by whom 
enforced. 



General Acts, 1919. — Chap. 92. 61 

Section 4. Section eighty-seven of chapter fifty-seven Repeal. 
of the Revised Laws, as amended by section two of chapter 
two hundred and five of the acts of nineteen hundred and 
eight, and by section one of chapter four hundred and twenty- 
four of the acts of nineteen hundred and nine, and sec- 
tion two of said chapter four hundred and twenty-four are 
hereby repealed, but without affecting any penalty or liabil- 
ity incurred thereunder prior to the taking effect of this act. 

Section 5. Nothing in this act shall be construed to Act, how 
prohibit sales of kindling wood in bulk by the load. construed. 

Section 6. This act shall take effect on the first day of 7aidng°Iffect. 
January, nineteen hundred and twenty. 

Appromd April 9, 1.919. 

An Act modifying certain standard provisions relat- (JJkuj 92 

ING TO accident AND HEALTH POLICIES. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter four hundred and etc*!' amende 1. 
ninety-three of the acts of nineteen hundred and ten, as 
amended by chapter twenty-eight of the General Acts of 
nineteen hundred and sixteen, is hereby further amended 
by striking out the provision numbered 1 and substituting 
the following : — 

1. A provision that such policy, and such papers as may Certain stand- 
be attached to or endorsed thereon, shall constitute the fliatmTto'"^ 
whole contract of insurance except as the same may be heaith"po!icie3 
affected by any table of rates or classification of risks filed '"od'fi'^- 
by the company with the insurance commissioner, — by 
adding at the end of the provision numbered 6 the following: 
— As an alternative to the provisions of this paragraph the 
policy may provide that no reduction shall be made in any 
indemnity therein provided for by reason of any change in 
the occupation of the insured or by reason of his doing any 
act or thing pertaining to any other occupation, — by strik- 
ing out the provision numbered 7 and substituting the fol- 
lowing: — 

7. A provision that the company will pay the benefit 
promised for specified disabilities or accidental death within 
not more than sixty days after the receipt of due proofs 
thereof; or in lieu thereof a provision, at the option of the 
insured, that such benefit for a specified amount shall be 
payable in instalments, the provision to state the time 
within which the first instalment shall be paid, which shall 



62 



General Acts, 1919. — Chap. 93. 



Certain stand- 
ard provisions 
relating to 
accident and 
health policies 
modified. 



1910, 493. § 6, 
amended. 



Certain policies 
not affected. 



not exceed sixty days from the receipt of due proofs by the 
company, the time for the payment of subsequent instal- 
ments and the number thereof; also, a provision, which 
may be incorporated in the body of the policy or made a 
part of the contract by an endorsement or rider, that the 
company will pay to any person entitled thereto, at least 
once in thirty days, the amount which has accrued on ac- 
count of sickness or accident upon receipt of due proof 
thereof, — and by striking out the provision numbered 8 
and substituting the following: — 

8. A provision that cancellation may be effected by the 
company only by written notice delivered to the insured or 
mailed to him at his last address as shown by the records of 
the company and a tender of cash or the company's check 
for the unearned portion of the premium, but such cancella- 
tion shall be without prejudice to any claim arising on account 
of disability commencing prior to the date on which the can- 
cellation takes eflfect. 

The foregoing provision shall be used only in policies pro- 
viding for cancellation by the company. 

Section 2. Said chapter four hundred and ninety- 
three is hereby further amended by striking out section six 
and substituting the following: — ■ Section 6. Nothing in 
this act shall apply to or affect any general or blanket policy 
of insurance issued to any employer, whether an individual, 
corporation, copartnership or association, or to any mimic- 
ipal corporation or department thereof, police or fire de- 
partment, underwriters corps, salvage bureau or like organi- 
zation where the officers, members, employees or classes or 
departments thereof are insured against specified accidental 
bodily injuries or diseases while exposed to the hazards of 
the occupation or otherwise, for a premium intended to 
cover the risks of all the persons insured under such policy. 

Approved April 9, WW. 



Chap. 93 An Act to require the civil service commission to 

NOTIFY persons TAKING A CIVIL SERVICE EXAMINATION 
OF THE RESULT OF THEIR EXAMINATION. 

Be it enacted, etc., as folio ivs: 

The civil service commission is hereby directed to notify 
persons who have taken a civil service examination of the 
result of their examination within sixty days thereafter. 

Approved April 9, i5i5. 



Civil service 
commission to 
notify persons 
of result of 
examination 
within sixty 
days thereafter. 



General Acts, 1919. — Chap. 94. 63 

An Act kelative to reinstatement in the retirement (jfiQ^jy 94 

SYSTEM FOR EMPLOYEES OF THE COMMONWEALTH OF PER- 
SONS IN THE MILITARY OR NAVAL SERVICE OF THE UNITED 
STATES, 

Be it enacted, etc., as follows: 

Section one of chapter five hundred and thirty-two of etcVamended 
the acts of nineteen hundred and eleven, as amended by sec- 
tion one of chapter three hundred and sixty-three of the acts 
of nineteen hundred and twelve, by section one of chapter 
five hundred and sixty-eight of the acts of nineteen hun- 
dred and fourteen, and by section one of chapter one hundred 
and ninety-eight of the General Acts of nineteen hundred 
and fifteen, is hereby further amended by striking out para- 
graph (/) and substituting the following: — (/) The words Reinstatement 
"continuous service" mean uninterrupted employment, with sysTemX™ 
these exceptions : — a lay-off on account of illness or reduc- ^mo^eaith 
tion of force, and a leave of absence, suspension or dismissal thfmiutar'y or 
followed bv reinstatement within two vears: provided, how- navai service of 

, .' , n , ' 1 • 1 •!• ^^^ United 

ever, that m the case 01 employees engaged m the military states, etc. 
or naval service of the United States, or of the nations ^°^'^°- 
associated with the United States in the German war, such 
reinstatement may occur at any time within two years after 
their discharge from such service or release from active duty 
therein. As to appointees of the sergeant-at-arms, the Appointees 
intervals between sessions of the general court shall not be ati'rml!''^*^' 
considered as breaking the continuity of service, and engi- 
neers and inspectors in the intermittent service of the com- 
monwealth shall not lose the benefit of continuity of service 
in the intervals between employments, and, for the purpose 
of computation, cumulative credit shall be given them for all 
periods of employment in the service of the commonwealth 
as shown by the records of the civil service commission. 

In the case of employees of any department or institu- Employees of 
tion formerly administered by a city, county or corporation mente!eta' 
and later taken over by the commonwealth, service rendered 
prior to such transfer shall be counted as a part of the con- 
tinuous service for the purposes of this act. 

In the case of employees who before entering the service Teachers in 
of the commonwealth had been regularly employed as ^" I'cschooa. 
teachers in public schools, as defined by paragraphs (4) 
and (5) of section one of chapter eight hundred and thirty- 
two of the acts of nineteen hundred and thirteen, all periods 



64 



General Acts, 1919. — Chap. 95. 



of such employment rendered prior to July first, nineteen 
hundred and fourteen, shall be counted as a part of the con- 
Troviso. tinuous scrvice for the purposes of this act; provided, how- 

ever, that this clause shall not apply to employees entering 
the service of the commonwealth after July first, nineteen 
hundred and fourteen, who are not members of the teachers' 
retirement association established by said chapter eight 
hundred and thirty-two. Approved April 0, 1919. 



Chap. 95 An Act relative to the suppression of the European 

CORN-BORER AND OTHER INSECT PESTS AND PLANT DIS- 



Emergency 
preamble. 



EASES. 

]]lierea,s', The European corn-borer, a dangerous insect, 
has appeared in this commonwealth, and it is necessary to 
prohibit at once the exportation and importation from and 
to certain towns of certain vegetable substances in order to 
prevent the spreading of the pest; therefore, the following 
act is hereby declared to be an emergency measure, neces- 
sary for the immediate preservation of the public health and 
convenience. 



State nursery 
inspector may 
prohibit ex- 
portation and 
importation 
from and to 
certain towns 
of certain 
vegetable sub- 
stances in order 
to suppress the 
European corn- 
borer, etc. 



Order to bo 
advertised. 



Be it enacted, etc., as follows: 

Section 1. Whenever the state nursery inspector finds 
that any town or part thereof within the commonwealth 
is infested with the European corn-borer or other insect 
pest, except the gypsy and brown tail moth, or plant disease 
which, in his opinion, is likely to spread to other parts of 
this state or to other states, he may, after a duly ad\'ertised 
public hearing, and with the approval of the commissioner 
of agriculture, issue an order stating the insect pest or plant 
disease to be guarded against, and prohibiting, for such 
periods and under such conditions as he may deem neces- 
sary the transportation to or from such town or part thereof, 
of any specified trees, plants, shrubs or other vegetable 
growths or products; and any specified containers or other 
articles by means of which such an insect pest or plant dis- 
ease is carried or is likely to be carried. The order aforesaid 
shall be advertised in a newspaper published in each town 
where it is to be effective, or, if no newspaper is published 
in any such town, then in a newspaper of general circula- 
tion in the county in which the town is situated. 

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

Approved April 11, 1919. 



General Acts, 1919. — Chaps. 96, 97, 98. 65 



An Act to extend the powers of burglary insurance (Jhan 96 

COMPANIES. 

Be it enacted, etc., a^ follows: 

Section thirty-two of chapter five hundred and seventy- i907, 576, § 32. 
six of the acts of nineteen hundred and seven, is hereby 
amended by striking out clause Eleventh and substituting 
the following: — Eleventh, to insure against property loss Powers of 
or damage by burglary, robbery, any larceny, any breaking ^ur?nc7(im- 
and entry, or entry without breaking, of any house, build- tended.^"' 
ing, ship, vessel or railroad car, and loss or damage by 
forgery. Approved April 11, 1919. 



An Act to regulate the taking effect of acts of the (JJiaj) 97 

GENERAL COURT. 

Be it enacted, etc., as follow.s: 

Chapter eight of the Revised Laws is hereby amended by r. l. 8. § 1. 
striking out section one and substituting the following: — '""''" *' 
Section 1. A statute enacted by the general court which Taking effect 
is not subject to a referendum petition shall take effect generai°TOurt 
throughout the commonwealth, unless it is otherwise ex- ''^s"^^*^®^- 
pressly pro\'ided therein, on the thirtieth day next after the 
day on which it is approved by the governor, or is other- 
wise passed and approved, or has the force of law, conforma- 
bly to the constitution. An act declared to be an emergency 
law shall, unless it is otherwise provided therein, take eflfect 
upon its passage. Approved April 11, 1919. 



An Act to enlarge the powers and duties of the state pi „ go 
drainage board. ^ ' 

Be it enacted, etc., as follows: 

The powers and duties conferred and imposed on the state Powers and 
department of agriculture and the state department of drainlgl boird 
health, acting jointly, by chapter two hundred and twelve ®°'*'^®'^- 
of the General Acts of nineteen hundred and seventeen, are 
hereby transferred to, and hereafter shall be exercised by, 
the drainage board created by chapter two hundred and 
eighty-nine of the General Acts of nineteen hundred and 
eighteen. Approved April 12, 1919. 



66 



General Acts, 1919. — Chaps. 99, 100, 101. 



R. L. 102. § 9. 
etc., amended. 



Innholders' 
and common 
victuallers' 
licenses, 
may be sus- 
pended or 
revoked. 



Chap. 99 An Act relative to the suspension or revocation of 
innholders' and common victuallers' licenses. 

Be it enacted, etc., as follows: 

Section nine of chapter one hundred and two of the Re- 
vised Laws, as amended by chapter sixty-four of the General 
Acts of nineteen hundred and eighteen, and as affected by 
section nine of chapter two hundred and fifty-nine of the 
General Acts of nineteen hundred and eighteen, is hereby 
further amended by striking out all after the w^ord "upon", 
in the ninth line, and inserting in place thereof the words: — 
proof satisfactory to it, suspend or revoke the license, — so 
as to read as follows : — Section 9. If, in the opinion of the 
licensing board, a licensee as an innholder or a common 
A'ictualler ceases to be engaged in the business he is licensed 
to pursue, or fails to maintain upon his premises the im- 
plements 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 proof satisfactory to 
it, suspend or revoke the license. 

Approved April 12, 1919. 

Chap. 100 An Act relative to sessions of the superior court in 

THE CITY OF LYNN FOR NATUILA-LIZATION PURPOSES. 

Be it enacted, etc., as follows: 

For purposes of naturalization there may be held in the 
city of Lynn a session of the superior court upon such dates 
in the month of March and in the month of September, as 
may be fixed by the chief justice of the court. 

Approved April 12, 1919. 



Session of 
superior court 
may be held 
in city of Lynn 
for naturaliza- 
tion purposes. 



1910, 656, § 3, 
amended. 



C/iap. 101 An Act to provide for the further regulation of col- 
lection AGENCIES. 

Be it enacted, etc., as follows: 

Section \. Section three of chapter six hundred and 
fifty-six of the acts of nineteen hundred and ten is hereby 
amended by striking out the words "one year", in the first 
line, and substituting the words: — three years, — and by 
striking out all after the word "period", in the fourth line, 
Term of bond go as to read as follows : — Section 3. Said bond shall 

of collection 



General Acts, 1919. — Chaps. 102, 103. 67 

be for the terra of three j'ears from the date thereof, unless agencies ex- 
the treasurer and receiver general and the person, partner- 
ship, association or corporation giving the same shall agree 
on a longer period. 

Section 2. Said chapter six hundred and fifty-six is i9io. 656, § 7, 
hereby further amended by striking out section seven and 
substituting the following: — Section 7. Any person, mem- Penalty for 
ber of a partnership or officer of an association or corporation lc'(»unt?efc'!'^^'^ 
described in section one, who fails upon written demand 
to render a true and complete account to the person, part- 
nership, association or corporation from whom any account, 
bill or indebtedness is taken for collection or to turn over 
to or for such person, partnership, association or corpora- 
tion the proceeds of such collection within thirty days after 
such written demand, or who fails to comply with any other 
provision of this act shall be punished by a fine of not more 
than five hundred dollars, or by imprisonment for not more 
than three months, or by both such fine and imprisonment. 

Aiyproved April 12, 1,919. 

An Act relative to proof of death upon certain peti- QJku) 102 

TIONS for administration. 

Be it enacted, etc., as folloivs: 

Whenever a petition is filed for administration upon the Proof of death 
estate of any person who is alleged to have died more than fTTdm/nistra- 
twenty years before the date of the filing of the petition, the ^°atesof"per- 
probate court in which the petition is filed shall require the hav*ediS*lI/ra 
petitioner to furnish evidence of the death of the intestate than twenty 
and such other evidence as the court may require. In the date of filing of 
absence of satisfactory evidence of death and of interest on ^ ' "^"' ^ ^' 
the part of the petitioners, the probate court shall refer the 
matter to the attorney-general of the commonwealth, or to 
any district attorney thereof, who shall cause investigation 
to be made and shall report thereon for the advice and 
assistance of the court. Approved April 12, 1.919. 



Chap.lOS 



An Act to extend the provisions of law relative to 

THE retirement OF COUNTY EMPLOYEES TO THE EM- 
PLOYEES OF THE WORCESTER COUNTY LAW LIBR.\RY AS- 
SOCIATION. 

Be it enacted, etc., as follows: 

Section 1. The provisions of chapter six hundred and j^^^^relat'ive^to 
thirtv-four of the acts of nineteen hundred and eleven, as retirement of 

*• ' county em- 



68 



General Acts, 1919. — Chap. 104. 



ployees ex- 
tended to em- 
ployees of 
VVorcester 
county law 
library asso- 
ciation. 



amended by chapter eight hundred and seventeen of the acts 
of nineteen hundred and thirteen, by chapter two hundred 
and thirty-four of the General Acts of nineteen hundred and 
fifteen, and by sections one hundred and seventeen to one 
hundred and twenty-five, inchisive, of chapter two hundred 
and fifty-seven of the General Acts of nineteen hundred 
and eighteen, shall be applicable to the employees of the 
Worcester county law library association to the same extent 
and in the same manner as if they were employees of the 
county of Worcester. Payment of any assessments by such 
library employees shall be made in the manner and at the 
times determined and designated by the county treasurer. 
In determining the rights and obligations of such library em- 
ployees as may become members of the retirement associa- 
tion, past service to the library association shall be counted 
as if rendered directly to the county of Worcester, and if 
any emploxee of said county shall hereafter enter the em- 
ployment of the said library association, his status in the 
retirement association shall not be changed or affected by 
reason of such change of employment. 

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

Approved April 15, 1919. 



proposals for 
purchase of 
bonds, etc. 



C/iap.l04 An Act relative to the disposition of bonds of gas, 

ELECTRIC AND W^\TER COMPANIES. 

Be it enacted, etc., as follows: 
Gas, electric or Section 1. If a gas, electHc or water company which is 
panies to invite imdcr thc supcrvisiou of the board of gas and electric light 
commissioners issues bonds under the provisions of sections 
thirty-eight and thirty-nine of chapter seven hundred and 
forty-two of the acts of nineteen hundred and fourteen, it 
shall invite proposals for the purchase thereof, by advertise- 
ments in two or more newspapers published in the city or 
town in which it is situated, if there be such, and in two 
or more newspapers published in the city of Boston. It may, 
however, reserve the right to reject any and all bids. If no 
such proposal is accepted, it may sell the whole or any part 
of the bonds to any persons or corporations in such manner, 
at such times, and upon such terms, but in no case at less 
than the par value thereof to be actually paid in cash, as 
its directors shall determine. 

Section 2. In addition to the investments permitted 
b\' section sixty-eight of chapter five hundred and ninety of 



Savings banks 
and insti- 
tutions for 



General Acts, 1919. — Chaps. 105, 108. 69 

the acts of nineteen hundred and eight, and all acts in amend- invlst a^Mits 
ment thereof or in addition thereto, savings banks and insti- '" bonds of 

t • 1 • 1 • 1 ^^^' electric 

tutions tor savings may mvest deposits, and income derived or water 
therefrom, in the bonds of a gas, electric or water company 
secured by a first mortgage of the franchise and property 
of the company: provided, that the net earnings of the com- Provisos. 
pany, after payment of all operating expenses, taxes and 
interest, as reported to, and according to the requirements 
of, the proper authorities of the commonwealth, have been 
in each of the three fiscal years next preceding the making 
or renewing of such loan equal to not less than four per cent 
on all its capital stock outstanding in each of said years; 
and, provided, that the gross earnings of the company in the 
fiscal year next preceding the making or renewing of the 
loan have been not less than one hundred thousand dollars. 

Approved April 15, 1919. 



An Act to provide for the appointment of special Phnr) 105 

DISTRICT police OFFICERS. 

Be it enacted, etc., as follows: 

The governor, upon the written recommendation of the Governor may 

1 . , (. . . , , , appoint special 

director or prisons, may appoint any agent or employee district police 
of the bureau of prisons, or any employee of any penal in- ° ^''*' 
stitution, a special district police officer for a term of three 
years, unless sooner removed. Officers so appointed may 
serve warrants and orders of removal or transfer of prisoners 
issued by the director of prisons, and shall have authority 
to perform police duty about the premises of penal institu- 
tions. Approved April 15, 1919. 



Chap. 106 



An Act relative to reinstatement of soldiers and 

SAILORS in county RETIREMENT SYSTEMS FOR EM- 
PLOYEES. 

Whereas, Many county employees who have served in 
the army or navy during the present war will lose their right Emergency 
to share in the benefits of the retirement system for county p'"^'*'"'''''- 
employees unless allowance is promptly made for their 
absence in the said service; therefore the following act is 
hereby declared to be an emergency measure, as necessary 
for the immediate preservation of the public conven- 
ience. 



70 



General Acts, 1919. — Chap. 107. 



1911, 634, § 1, 
par. (/), etc., 
amended. 



Reinstatement 
of soldiers and 
sailors in 
county retire- 
ment systems 
for employees. 

Proviso. 



Be it enacted, etc., as follows: 

Section 1. Paragraph (/) of section one of chapter six 
hundred and thirty-four of the acts of nineteen hundred 
and eleven, as amended by section one of chapter eight hun- 
dred and seventeen of the acts of nineteen hundred and thir- 
teen, and by section one of chapter two hundred and thirty- 
four of the General Acts of nineteen hundred and fifteen, 
is hereby further amended by striking out the words "one 
year", in the fourth and fifth lines, and substituting the 
words: — a period of two years: provided, however, that in 
reckoning the period of two years all time spent in the mili- 
tary or naval service of the United States or of any nation 
associated with it in the German war, shall be excluded, — 
so as to read as follows: — (/) The words "continuous serv- 
ice" mean uninterrupted employment, with these exceptions: 
a lay-off on account of illness or reduction of force; and a 
leave of absence, suspension or dismissal followed by rein- 
statement within a period of two years: yrovided, however, 
that in reckoning the period of two years all time spent in 
the military or naval service of the United States or of any 
nation associated with it in the German war, shall be ex- 
cluded. 

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

Approved April 16, 1919. 



Chap.107 An Act to provide for a record of massachitsetts 

SOLDIERS AND SAILORS IN THE PRESENT W' AR. 



Emergency 
preamble. 



Whereas, In order to obtain a complete and accurate 
roster of Massachusetts men who served in the present war 
it is necessary to begin at once the work of collecting in- 
formation relating thereto; therefore the following act is 
hereby declared to be an emergency measure, as necessary 
for the immediate preservation of the public convenience. 



Adjutant gen- 
eral to obtain 
a roster of 
Massachusetts 
soldiers and 
sailors in the 
present war, 
etc. 



Be it enacted, etc., as follows: 

Section 1. It shall be the duty of the adjutant general 
to obtain, compile, revise, preserve and prepare for pub- 
lication a complete roster of all persons who have served or 
shall hereafter serve in the army or navy of the United 
States during the present war, and who were residents of 
this commonwealth at the time when they were mustered 
into the said service. The adjutant general shall cause 
an index of the said roster to be made, and the index and 



roster. 



General Acts, 1919. — Chap. 108. 71 

roster shall be open to inspection loy the public under such 
regulations and restrictions as may be necessary to secure 
them from mutilation or alteration. For the above purpose 
the adjutant general may employ such assistants as may be 
necessary, subject to the approval of the governor and coun- 
cil, and may expend such sums as shall annually be appro- 
priated therefor by the general court. 

Section 2. The roster aforesaid shall contain a state- contents of 
ment of the number of men entering the military or naval 
service of the United States from this commonwealth, the 
number furnished by each municipality, and in regard to 
each man the following particulars: whether white or colored, 
residence, whether enlisted or drafted, date of mustering in, 
age at the time of mustering in, rank, promotions, if any, 
wounds or disease, if any, medals, citations, or other marks 
of distinction, if any, in what country or countries the serv- 
ice was performed, date and character of discharge. 

Section 3. It is herebv made the dut\' of all citv and city and town 

' ... ,'.. i^pii '^^^'''^s, state 

town clerks and of other municipal authorities, and of all officers, etc., 
state officers, to furnish the adjutant general, upon his re- information. 
quest, with such information as they may have or can obtain 
in regard to any person whose name appears or should appear 
on the roster aforesaid. 

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

A jj proved A [ml 16, 1919. 

An Act relative to the listing of voters in the town Qjid^j X08 
OF watertown. 

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

Section 1. Section fifteen of chapter eight hundred etc!'a^mended. 
and thirty-five of the acts of nineteen hundred and thirteen, 
as amended by section one of chapter ninety-one of the 
General Acts of nineteen hundred and fifteen, by section 
one of chapter twenty-nine and by section one of chapter 
one hundred and six of the General Acts of nineteen hun- 
dred and seventeen, and by section one of chapter two hun- 
dred and eighty-two of the General Acts of nineteen hundred 
and eighteen, is hereby further amended by striking out the 
word "and", where it occurs in the eleventh and thirtieth 
lines, and by inserting after the word "Chelsea", where it 
occurs in the same lines, the words: — and the town of 
Watertown, — so as to read as follows: — Section 15. The Assessors to 
assessors, assistant assessors, or one or more of them, shall Sail^pefsona 



72 



General Acts, 1919. — Chap. 108. 



liable to a poll 
tax except in 
Boston, Cam- 
bridge, Chelsea 
and Watertown. 



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

Assessors to 
correct errors 
and supply 
omissions. 



Applications, 
etc., to be 
preserved for 
two years. 

1913, 835, § 16, 
etc., amended. 



Except in 
Boston, Cam- 
bridge, Chelsea 
and Watertown, 
assessors to 
transmit lists, 
etc., to rogis- 



annually, in April or May, visit every building in their re- 
spective cities and towns and, after diligent inquiry, shall 
make true lists containing, as nearly as they can ascertain, 
the name, age, occupation and residence, on the first day of 
April in the current year, and the residence on the first day 
of April in the preceding year, of every male person twenty 
years of age or upwards, residing in their respective cities 
and towns, liable to be assessed for a poll tax; and, except 
in Boston, Cambridge, Chelsea and the town of Watertown, 
shall inquire at the residences of the women voters whose 
names are contained in the list transmitted to them by the 
registrars under the provisions of section forty-four whether 
such women voters are resident thereat, and shall thereupon 
make true lists of the women voters found by them. 

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

The assessors shall, upon the personal application of an 
assessed person for the correction of any error in their 
original lists, and whenever informed of any such error, 
make due investigation, and, upon proof thereof, correct 
the same on their books. When informed of the omission 
of the name of a person who is averred to have lived in the 
city or town on the first day of April in the current year, 
and to have been assessed there in the preceding year, they 
shall make due investigation, and, upon proof thereof, supply 
the omission on their books, and, except in Boston, Cam- 
bridge, Chelsea and the town of Watertown, give immediate 
notice thereof to the registrars of voters. They shall cause 
all applications, certificates and affidavits received by them 
under this section to be preserved for two years. 

Section 2. Section sixteen of said chapter eight hun- 
dred and thirty-five, as amended by section two of said 
chapter ninety-one, by section two of said chapter twenty- 
nine and by section two of said chapter one hundred and six 
and by section two of said chapter two hundred and eighty- 
two, is hereby further amended by striking out the word 
"and", where it first occurs in the second line, and by in- 
serting after the word "Chelsea", in the same line, the words: 

— and the town of Watertown, — so as to read as follows: 

— Section 16. The assessors, except in Boston, Cambridge, 
Chelsea and the town of Watertown, shall from time to time, 
and before the fifteenth day of June in each year, transmit 
to the registrars of voters, the lists made as provided in the 



General Acts, 1919. — Chap. 108. 73 

preceding section, or certified copies thereof, and shall iec[ors"o'f Sx'es. 
promptly transmit to the registrars and to the collector of 
taxes notice of every addition to and correction in the lists 
made by them. Every assessor, assistant assessor and col- 
lector of taxes shall furnish all information in his possession 
necessary to aid the registrars in the performance of their 
duties. 

Section 3. Section seventeen of said chapter eight e?c%m^endld. 
hundred and thirty-five, as amended by section three of 
said chapter ninety-one, by section three of said chapter 
twenty-nine, and by section three of said chapter t)ne hun- 
dred and six and by section three of said chapter two hun- 
dred and eighty-two, is hereby further amended by inserting 
after the word "towns", in the fourth line, the words: — 
except the tow^n of Watertown, — so as to read as follows: 
— Section 17. The assessors of cities, except in Boston, Assessors of 
Cambridge and Chelsea, shall, on or before the fifteenth BosTorfrclm- 
day of June in each year, and the assessors of towns, except and wkterfown, 
the town of Watertown, having over five thousand inhabit- to^ifg^t^fpre- 
ants according to the latest census, state or national, shall, pare street lists, 
on or before the first day of July in each year, prepare street 
lists containing the names of all persons assessed by them for 
poll taxes for the current year. Such lists for cities and for 
towns divided into voting precincts shall be arranged by 
voting precincts. They shall print such lists in pamphlet 
form, shall deliver to the registrars as many copies thereof 
as they may require, and shall hold the remaining copies for 
public distribution. In all other towns they shall, on or 
before the first day of July in each year, cause lists of all ^nf t'i b?^^^^'' 
persons assessed therein for poll taxes to be prepared and f^^jj^to^ns*"^' 
conspicuously posted in two or more public places in every 
such town. In towns not divided into voting precincts such 
lists may be arranged alphabetically, according to the names 
of the persons on the list, or by streets. 

Section 4. Section eighteen of said chapter eight hun- i9i3, 835, § is 
dred and thirty-five, as amended by section four of said 
chapter ninety-one, by section four of said chapter twenty- 
nine, by section four of said chapter one hundred and six, 
and by section four of said chapter two hundred and eighty- 
two, is hereby further amended by striking out the word 
"and", in the second line, and by inserting after the word 
"Chelsea", in the same line, the words: — and the town 
of Watertown, — so as to read as follows: — Section 18. ^,™ntelf 
Except in Boston, Cambridge, Chelsea and the town of street lists. 



74 



General Acts, 1919. — Chap. 108. 



1913, 835, § 20, 
etc., amended. 



Records of 
persons assessed 
to be kept. 



Copies of 
sections 
prescribing 
penalties to 
be posted. 



1913, 835, § 41. 
etc., amended. 



Registrars not 
to enter names 
on registers 
after close of 
registration, 
except, etc. 



Notices of 
omitted 
assessments 
to be com- 
pared, etc. 



Watertown, the assessors shall name or designate In such 
street lists all buildings used as residences, in their order on 
the street where they are located, by gi\'ing the number or 
other definite description of each building so that it can be 
readily identified, and shall place opposite to or under each 
number or other description of a building the name, age and 
occupation of every person residing therein on the first day 
of April of the current year and assessed for a poll tax, and 
his residence on the first day of April of the preceding year. 

.Section 5. Section twenty of said chapter eight hun- 
dred and thirty-five, as amended by .section six of said 
chapter one hundrefl and six and by section six of said 
chapter two hundred and eighty-two, is hereby further 
amended by striking out the word "and", in the second line, 
and by inserting after the word "Chelsea", in the same line, 
the words: — and the town of Watertown, — so as to read 
as follows: — Section 20. The assessors, except in Boston, 
Cambridge, Chelsea and the town of Watertown, shall enter 
the name and residence of each person thus assessed or 
certified in a book provided for that purpose, and opposite 
to each name, the names, occupations and residences of the 
persons who have testified as above provided. 

In every place where voters are registered, the registrars, 
in Boston the election commissioners, and in every place 
where oaths are administered as required by this act the as- 
sessors, shall post in a conspicuous place a copy of sections 
four hundred and sixty and four hundred and sixty-two 
printed on white paper with black ink, in type not less than 
one quarter of an inch wide. 

Section 6. Said chapter eight hundred and thirty-five, 
as amended by section eleven of chapter two hundred and 
fifty-seven of the General Acts of nineteen hundred and 
eighteen, is hereby further amended by striking out section 
forty-one and substituting the following: — Section 4^- The 
registrars shall not, after ten o'clock in the evening of a day 
on which registration is to cease, register any person as a 
voter until after the next election, but they may enter or 
correct upon the registers the names of persons whose quali- 
fications as voters have been examined between the preced- 
ing thirtieth day of April and the close of registration. Ex- 
cept in the cities of Boston, Cambridge and Chelsea, and in 
the town of Watertown, they shall compare all notices of 
omitted assessments transmitted to them by the assessors 
under the provisions of section fifteen, with the annual 



General Acts, 1919. — Chap. 108. 75 

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 entitled to vote in such previous year they 

may before the close of registration enter such name on the 

current annual register. They shall, in every case, require cierk to attest 

the vote by virtue of which such entry or correction is made ^^*''^^' 

to be attested by their clerk. 

Section 7. Section forty-six of said chapter eight hun- i9i3, 835, § 46, 
dred and thirty-five, as amended by section six of said "^ '^ ' *™^" ^ 
chapter ninety-one, by section one of chapter eighty-seven 
of the (reneral Acts of nineteen hundred and sixteen, by 
section six of said chapter twenty-nine, by section seven 
of said chapter one hundred and six and by section seven of 
said chapter two hundred and eighty-two, is hereby further 
amended by striking out the word "and", in the third line, 
and by inserting after the word "Chelsea", in the same line, 
the words : — and the town of Watertown, — so as to read 
as follows: — Section Jfi. Every male applicant for regis- Male applicants 
tration, except in Boston, Cambridge, Chelsea and the town tax^bnur 
of Watertown, whose name has not been transmitted to the ^^""^'fi^^^' *'**^- 
registrars as provided in section sixteen shall present a tax bill 
or notice from the collector of taxes, or a certificate from 
the assessors showing that he was assessed as a resident of the 
city or town on the preceding first day of April, or a certi- 
ficate that he became a resident therein at least six months 
preceding the election at which he claims the right to vote, 
and the same shall be prima facie evidence of his residence. 

Section 8. There is hereby established in the town of i^'wafer^wn, 
Watertown a listing board composed of the chief of police J'ut^J^"®*'" 
and the board of assessors, ex officiis. In case of a tie vote 
or other disagreement in said board, the presiding justice of 
the second district court of eastern Middlesex, or, in case 
of his disability, the senior associate justice of said court 
who is not disabled, shall, for the purpose of settling the 
disagreement or breaking the tie vote, be a member of said 
board and shall preside and cast the deciding vote. 

Section 9. The listing board shall, within the first To make lists 

p.... ,. of male persons, 

fourteen week days of April in each year, by itself, or by ^tc. 
police officers, visit every building in said town, and, after 
diligent inquiry, make true lists, arranged by streets and 
voting precincts, and containing as nearly as the board 
can ascertain, the name, age, occupation and residence on 
the first day of April in the preceding year, of every male 
person, twenty years of age or upward, who is not a pauper 



76 



General Acts, 1919. — Chap. 108. 



Buildings used 
as residences to 
be designated, 
etc. 



To make lists 
of women 
voters. 



Chief of police 
may take 
further time 
when necessary, 
etc. 



Names of in- 
formants to be 
given, etc. 



To correct 
errors in 
lists, etc. 



in a public institution, residing in the town. The said board 
shall designate in such lists all buildings used as residences 
by such male persons, in their order on the street where 
they are situated, by giving the number or other definite 
description of every such building so that it can readily be 
identified, and shall place opposite the number or other 
description of every such building the name, age and occu- 
pation of every such male person residing therein on the 
first day of April in the current year, and his residence on the 
first day of April in the preceding year. The board shall 
also inquire at the residence of the women voters whose 
names are contained in the list prepared by the registrars of 
voters, under the pro\isions of section forty-four of chapter 
eight hundred and thirty-five of the acts of nineteen hundred 
and thirteen, and which shall be transmitted by said regis- 
trars to the listing board before the first day of April in each 
year, whether such women voters are resident thereat, and 
shall thereupon make true lists of the women voters found 
by them. If in any year the chief of police shall believe it to 
be impracticable, because of any public exigency requiring 
unusual service from the police force of the town, to com- 
plete within the first fourteen week days of April the said 
visitation, and to transmit to the registrars of voters on or 
before the eighteenth day of April the lists described in this 
section, he shall have authority, after giving notice in writ- 
ing to the listing board, to take such further time for such 
visitation and transmission, not exceeding ten week days, 
as he shall deem necessary. 

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

The board shall, upon the personal application of a person 
listed for the correction of any error in their lists, or when- 
ever informed of any such error, make due investigation, 
and upon proof thereof correct the same on their lists, and 



General Acts, 1919. ^ Chap. 108. 77 

shall immediately notify the registrars of voters of such 
correction, who shall correct their copies of said lists accord- 
ingly and proceed to revise and correct the registers under 
the provisions of section fifty-one of said chapter eight hun- 
dred and thirty-five. The board shall cause all applications Applications, 
and affidavits received bv it under this section to be pre- pres'ervel for 
served for two years. ' twoyear«. 

Section 10. The board shall, on or before the eight- To transmit 
eenth day of April in each year, transmit to the registrars to^egistraraof 
of voters certified copies of those parts of the lists prepared ^'''^®'"^' ^^''' 
as provided in the preceding section, containing the name, 
age, occupation and residence on the first day of April in the 
current year, and the residence on the first day of April in 
the preceding year, of every male person, twenty years of 
age or upward residing in said town, and shall promptly 
transmit to the registrars of voters notice of every addition 
to and correction in the lists made by it. The board shall 
furnish all information in its possession necessary to aid the 
registrars in the performance of their duties. 

Section 11. The board shall, on or before the first To prepare 

1 n 1 • 1 •,! • i-iii'i printed copies 

day of June in each year, prepare pnnted copies oi the lists of lists, etc. 
prepared for the use of the registrars of voters. The board 
shall print such lists in pamphlet form by precincts, deliver 
to the registrars of voters as many copies thereof as they 
may require, and hold the remaining copies for public dis- 
tribution. 

Section 12. If a male person, twenty years of age or Listing of 
upward, resident in said Watertown on the first day of previouJiy*^ 
April, was not listed by the board, he shall, in order to estab- ^'^*'''^- 
lish his right to be listed, appear before the board of asses- 
sors at such time as it may designate, the members of which 
are hereby authorized to administer oaths for this purpose, 
and present under oath a statement in writing that he was 
on said day a resident of said town, giving his name, age, 
occupation and residence on the first day of April in the cur- 
rent year, and his residence on the first day of April in the 
preceding year. 

A male person, twenty years of age or upward, who be- Certain persons 
comes a resident of said town after the first day of April, iiS"to p°resent 
and desires to be listed, shall appear before any member of wriUngTetc.'" 
the board of assessors, who is hereby authorized to ad- 
minister oaths for this purpose, and present under oath a 
statement in writing that he became a resident of said town 
at least six months immediately preceding the election at 



78 



General Acts, 1919. — Chap. 108. 



Board of 

assessors to 
give certificate 
in certain cases. 



Names of 
persons receiv- 
ing certificates 
to be sent 
registrars. 



Copy of laws 
prescribing 
penalties to 
be posted. 



Record of 
applications to 
be kept, etc. 



which he claims the right to vote, giving his name, age, occu- 
pation and residence on the above date, and his residence 
on the first day of April in the preceding year. 

If the board of as.sessors, after investigation, is satisfied 
that such statements are true, it shall give the applicant a 
certificate that he was a resident of said town on said first 
day of April, or a certificate that he became a resident at 
least six months immediately preceding the election, as the 
case may be, which certificate shall state his name, age, occu- 
pation and residence on the first day of April in the current 
year on or before the above date, as the case may be, and 
his residence on the first day of April in the preceding year; 
but no such application shall be received later than the 
thirtieth day preceding a state or a municipal election, and 
no such person shall be listed or be given such certificate 
later than the twenty-first day preceding the state or mu- 
nicipal election. The board shall also forthwith transmit 
to the registrars of voters the names of all persons receiving 
such certificates, together with their residence on the first 
day of April in the current and in the preceding year. The 
board shall not, after the last day for making the said ap- 
plication before a state election, receive an application until 
after the election. 

In every place where oaths are administered for the 
purpose of listing, the board of assessors shall post in a 
conspicuous place a copy of section four hundred and sixty 
of said chapter eight hundred and thirty-five, with all amend- 
ments thereto, printed on white paper with black ink, in 
type not less than one quarter of an inch wide. 

Section 13. The board of assessors shall enter the date 
of application, the name, age, occupation and residence 
on the first day of April in the current year, and the resi- 
dence on the first day of April in the preceding year, of 
every such applicant, as above provided, together with the 
result of its investigation of his application, in a book pro- 
vided for that purpose, which shall be open for public in- 
spection. The board shall cause to be printed in some news- 
paper published in Watertown the name and residence of 
every such applicant. The names and residences of the 
applicants shall be printed by precincts within two days 
after the number of names of applicants, not printed, reaches 
fifty; and on the day when that number is reached, the names 
to be printed within the said two days shall include the 
names of all such applicants up to the close of business for 
this purpose in the office of the board on the said day. 



General Acts, 1919. — Chap. 108. 79 

Section 14. The board of assessors shall keep its office Sessions of 
open during such hours as shall be necessary to carry out ^^''^^°'"'* 
the provisions of the preceding two sections. 

Section 15. The registrars of voters shall, after the Annual register, 
first day of April in each year, prepare an annual register menretT*"^^ 
containing the names of all qualified voters in Watertown 
for the current year, beginning with the first day of April. 
The names shall be arranged by precincts and, opposite 
the name of each voter, shall be entered his residence on 
the preceding first day of April or any subsequent day when 
he became a resident of said town. The registrars of voters 
shall enter in the annual register every name contained 
in the lists, for the current year, of persons transmitted to 
them by the listing board, giving, as the residence of each 
person on the first day of April, the place at which he was 
listed by said board; and likewise the name and residence, 
as aforesaid, of every woman voter whose name is contained 
in the list of women voters transmitted to them under this 
act : provided, that in every case they are able to identify the Proviso. 
name so transmitted as that of a man or woman whose name 
was borne on the \'oting list of said town at the last preceding 
election. They shall make all inquiries and in\'estigations Registrars 
necessary to identify such person, and they shall not enter [nq'^fnes, 
in the annual register the name of a person objected to by investigations. 
any of the registrars of voters, until such person has been 
duly notified and given an opportunity to be heard by them, 
and shall ha^e appeared and satisfied them of his right to 
have his name so entered. They shall forthwith enter in the 
annual register the name of every person whose qualifications 
as a voter have been determined by them in the current year 
and whose name has accordingly been entered in the general 
register. They shall, on or before the first Monday of August xosend notice 
in each year, send notice in writing by mail to each male and fei^tl^oters 
female voter of the preceding vear whose name has not been ?^°^® "f?^®^ 

. . , ^ • (> 1 nave not been 

entered ni the annual register oi the current year that his entered in 
name has not so been entered. They shall, before the first 
day of April in each year, transmit to the listing board a list 
of the women voters whose names are contained upon the 
register of the preceding year, with their residences, as they 
appear on said register. 

Section 16. Every person, male or female, whose name Personal 
has not been entered in the annual register in accordance n^i^ry" 
with the preceding section, shall, in order to be registered certefn"* 
as a voter, apply in person for registration and prove that he registrations. 
is qualified to register. 



80 



General Acts, 1919. — Chap. 108. 



1913, 835, § 436, 
etc., amended. 



Penalty on 
listing board or 
police officers 
for reporting 
name of non- 
resident. 



1913, 835, § 458, 
etc., amended. 



Penalty for 
refusing to give 
true name or 
information. 



1913, 835, § 459, 
etc., amended. 



Section 17. Section four luindred and thirty-six of 
said chapter eight hundred and thirty-five, as amended by 
section eight of said chapter ninety-one, by section thirteen 
of said chapter twenty-nine, by section seventeen of said 
chapter one hundred and six, and by section seventeen of 
said chapter two hundred and eighty-two, is liereby further 
amended by striking out the word "or", in the third line, 
and by inserting after the word "Chelsea", in the same line, 
the words: — or the town of Watertown, — so as to read 
as follows: — Section 43G. A member of the listing board 
or a police officer in Boston, Cambridge, Chelsea or the town 
of Watertown who knowingly enters on any list of male 
persons or women voters, or causes, or allows to be entered 
thereon, or reports the name of any person as a resident 
of a building, who is not a resident thereof, shall for each 
offence be punished by imprisonment for not more than one 
year. 

Section 18. Section four hundred and fifty-eight of 
said chapter eight hundred and thirty-five, as amended by 
section nine of said chapter ninety-one, by section fourteen 
of said chapter twenty-nine, by section eighteen of said 
chapter one hundred and six and by section eighteen of said 
chapter two hundred and eighty-two, is hereby further 
amended by striking out the word "or", in the second line, 
and by inserting after the word "Chelsea", in the same line, 
the words: — or the town of Watertown, — so as to read as 
follows: — Section 4-58. Whoever in Boston, Cambridge, 
Chelsea or the town of Watertown, being an inmate of a 
building and a male resident twenty years of age or upward, 
refuses or neglects to give his true name, when asked by a 
member of the listing board or a police oflRcer acting under 
this act, or whoever, being an owner or occupant of a build- 
ing, or a clerk, superintendent, manager or other person 
having in charge the affairs of a hotel or lodging house, 
refuses or neglects to give the full and true information 
within his knowledge relating to all persons residing in such 
l)uilding, when asked by a member of the listing board or a 
police officer acting under this act, shall be punished by 
imprisonment for not more than three months. 

Section 19. Section four hundred and fifty-nine of 
said chapter eight hundred and thirty-five, as amended by 
section ten of said chapter ninety-one, by section fifteen of 
said chapter twenty-nine, by section nineteen of said chapter 
one hundred and six and by section nineteen of said chapter 



General Acts, 1919. — Chap. 108. 81 

two hundred and eighty-two, is hereby further amended by 
striking out the word "or", where it first occurs in the fourth 
Hne, and by inserting after the word "Chelsea", in the same 
line, the words: — or the town of Watertown, — so as to 
read as follows : — Seciwn Jf59. Whoever knowingly gives Penalty for 
to an assessor or assistant assessor, for the purpose of the nwwlsident"^ 
assessment of a poll tax, or in Boston, Cambridge, Chelsea 
or the town of Watertown to a member of the listing board 
or a police officer, for the purpose of making a list of male 
residents twenty years of age or upward or women voters 
or a report under this act, the name of any person as a resi- 
dent of a building, who is not a resident therein, shall be 
punished by imprisonment for not more than one year. 

Section 20. Section four hundred and sixty of said i9i3, 835, § 460, 

.,,,,,,.„ Ill ^^'^■< amended. 

chapter eight hundred and thirty-nve, as amended by sec- 
tion eleven of said chapter ninety-one, by section sixteen of 
said chapter twenty-nine, by section twenty-four of chapter 
two hundred and fifty-seven of the General Acts of nineteen 
hundred and eighteen and by section twenty of said chapter 
one hundred and six and by section twenty of said chapter 
two hundred and eighty-two of the General Acts of nineteen 
hundred and eighteen, is hereby further amended by strik- 
ing out section four hundred and sixty and substituting the 
following: — Section 4^0. Wlioever knowingly or wilfully Penalty 
makes a false affidavit, takes a false oath or signs a false affidavit. 
certificate relative to the qualifications of any person for certificate. 
assessment or registration, or in the cities of Boston, Cam- 
bridge, Chelsea or in the town of Watertown for being listed, 
or in Chelsea, Cambridge or Watertown, for being given 
a certificate of residence by the assessors, shall be punished 
by imprisonment for not more than one year. 

Section 21. Said chapter eight hundred and thirty- i9i3, sss, § 46i, 
five, as amended by section twelve of said chapter ninety-one 
and by section twenty-five of said chapter two hundred and 
fifty-seven, is hereby further amended by striking out sec- 
tion four hundred and sixty-one and substituting the follow- 
ing: — Section 461. Whoever in the cities of Boston, Cam- Penalty for aid- 
bridge or Chelsea, or in the town of Watertown, aids or abets per^ns makhfg 
a person in knowingly or w^lfully making a false affidavit, f^ise affidavits. 
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 Cambridge, Chelsea or Watertown for being 
given a certificate of such residence by the assessors, shall be 
punished by imprisonment for not more than one year. 



82 



General Acts, 1919. — Chaps. 109, 110. 



1918, 257 (G), 
§ 12, amended. 



Listing and 
registration 
of voters 
in Boston, 
Cambridge, 
Chelsea and 
Watertown to 
be governed 
by special 
laws, etc. 



Section 22. Chapter two hundred and fifty-seven of the 
General Acts of nineteen hundred and eighteen is hereby 
amended by striking out section twelve and substituting 
the following: — Section 12. In the cities of Boston, Cam- 
bridge and Chelsea, and in the town of Watertown, the listing 
and registration of voters shall continue to be governed by 
the special laws applicable thereto. 

Section 23. This act shall take effect upon its passage. 

Approved April 18, 1919. 



Chap. 109 An Act to change the time for the may term of the 

SUPERIOR COURT FOR CIVIL BUSINESS FOR THE COUNTY OF 
PLYMOUTH, SITTING IN BROCKTON. 

Be it enacted, etc., as follows: 

Section 1. Section three of chapter fifty-four of the 
acts of nineteen hundred and three is hereby amended by 
striking out the word "May", in the sixth line, and sub- 
stituting the word : — April, — so as to read as follows : — 
Section 3. Sittings of the superior court shall be held within 
and for the county of Plymouth as follows : — At Plymouth 
for criminal business on the first Mondays of February, June 
and October of each year, for civil business at Plymouth on 
the second Mondays of March and September, and at Brock- 
ton on the first Mondays of April and November of each year. 

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

Approved April 18, 1919. 



1903, 54, § 3, 
amended. 



Time for May 
term of superior 
court for civil 
business for 
Plymouth 
county, sitting 
in Brockton, 
changed. 



Chap. 110 An Act relative to fire and life insurance policies 

ISSUED in violation OF LAW. 

Be it enacted, etc., as follcnvs: 

Chapter five hundred and seventy-six of the acts of nine- 
teen hundred and seven is hereby amended by striking out 
section one hundred and fourteen and substituting the fol- 
lowing: — Section II4. An insurance company, or any offi- 
cer or agent thereof, who makes, issues or delivers in this 
commonwealth a policy of fire insurance in wilful violation 
of section sixty, or a policy of life or endowment insurance in 
wilful violation of section seventy-five, as amended by chap- 
ter sixty of the General Acts of nineteen hundred and eight- 
een, and as affected by chapter fifty-one and section eight 
of chapter one hundred and twelve of said General Acts, or 
of said chapter one hundred and twelve, shall be punished 



1907, 576, § 114, 
amended. 



Penalty for 
issuing fire and 
life insurance 
policies in 
violation of 
law. 



General Acts, 1919. — Chaps. Ill, 112. 83 

by a fine of not more than five hundred dollars. A policy so Effect of 
issued shall be valid and binding upon the company issuing uiegaiiy 
the same, but the rights, duties and obligations of the parties etc" ' 
thereto shall be determined by the respective provisions of 
said sections and said chapter one hundred and twelve. 

Approved April 18, 1919. 

An Act relative to extensions of the locations of gas Chav. Ill 

AND electric COMPANIES. 

Be it enacted, etc., as follows: 

Section sixty-one of chapter seven hundred and forty- i9i4, 742,§6i, 
two of the acts of nineteen hundred and fourteen is hereby 
amended by striking out the words " the business for which 
it was incorporated", in the second and third lines, and 
substituting the words : — its business, — and by inserting 
after the word "charter", in the fifth line, the words: — 
subject however to the provisions of sections one hundred 
and fifty-five, one hundred and fifty-six and one hundred 
and fifty-seven, — so as to read as follows: — Section 61. ^^^^^f^ 
The board may, after notice and a public hearing, authorize ^^^P^^'^-^f 
a gas or electric company to carry on its business in any city locations, 
or town in this commonwealth other than the city or town 
named therefor in its agreement of association or charter, 
subject however to the provisions of sections one hundred 
and fifty-five, one hundred and fifty-six and one hundred 
and fifty-seven, and it may purchase, hold and convey so 
much real and personal estate in such other city or town as 
may be necessary for the purpose of carrying on its business 
therein. Approved April 18, 1919. 

An Act to establish the compensation and mileage of Chap. 112 

jurors. 

Be it enacted, etc., as follows: 

Section 1. The compensation of traverse jurors em- compensation 
panelled to try cases of murder in the first degree shall be oUurors^^^ 
five dollars, and that of all other traverse jurors and of ^^t^^^iished. 
grand jurors four dollars, for each day's service. All jurors 
shall receive once in each week twelve cents a mile for travel 
out and home. If the expenses of jurors who serve in court, 
necessarily and actually incurred for transportation out and 
home once in each week, exceed the amount of the said 
allowance for travel, they shall be allowed the amount of 



84 



General Acts, 1919. — Chap. 113. 



such expenses in lieu of tlie said travel allowance. If a grand 
or traverse juror is required to be in attendance or to serve 
for five or more consecutive days he shall receive his fees not 
later than the end of every fifth day of such attendance or 
service. 
Repeals. SECTION 2, Section seventeen of chapter two hundred 

and four of the Revised Laws, as amended by chapter two 
hundred and fifty-six of the acts of nineteen hundred and 
three, and chapter three hundred and fifty-three of the acts 
of nineteen hundred and eight is hereby repealed. 

Approved April 18, 1919. 



1909, 514, § 48, 
etc., amended. 



Chap. lis An Act relative to the hours of emploitvient of women 

AND CHILDREN. 

Be it enacted, cic, as follows: 

Chapter five hundred and fourteen of the acts of nineteen 
hundred and nine, as amended by chapter four hundred and 
eighty-four of the acts of nineteen hundred and eleven, by 
chapter four hundred and seventy-seven of the acts of nine- 
teen hundred and twelve, by section one of chapter seven 
hundred and fifty-eight of the acts of nineteen hundred and 
thirteen, by chapter fifty-seven of the General Acts of nine- 
teen hundred and fifteen, by chapter two hundred and twenty- 
two of the General Acts of nineteen hundred and sixteen, and 
as affected by chapter one hundred and forty-seven of the 
General Acts of nineteen hundred and eighteen, is hereby 
further amended by striking out section forty-eight and 
substituting the following: — Section 48. No child under 
eighteen years of age and no woman shall be employed 
in laboring in any factory or workshop, or in any manu- 
facturing, mercantile, mechanical establishment, telegraph 
office or telephone exchange, or by any express or trans- 
portation company, more than nine hours in any one day; 
and in no case shall the hours of labor exceed forty-eight in 
a week except that in manufacturing establishments where 
the employment is by seasons, and the state board of labor 
and industries shall determine what employments are sea- 
sonal, the number of such hours in any week may exceed 
forty-eight, but not fifty-two, provided that the total number 
of such hours in any year shall not exceed an average of 
forty-eight hours a week for the whole year, excluding Sun- 
days and holidays; and if any child or woman shall be em- 
ployed in more than one such place the total number of 



Hours of em- 
ployment fixed 
for women and 
children. 



State board 

of labor 

and industries 

to determine 

seasonal 

employments. 

Proviso. 



General Acts, 1919. — Chap. 113. 85 

hours of such employment shall not exceed forty-eight hours 
in any one week. Every employer, except those employers Notices of 
hereinafter designated, shall post in a conspicuous place in h^^-^wo^k 
every room in which such persons are employed a printed ^omenlnd 
notice stating the number of hours' work required of them h'''^'^te<i° 
on each day of the week, the hours of beginning and stopping 
work, and the hours when the time allowed for meals begins 
and ends or, in the case of mercantile establishments and 
of establishments exempted from the provisions of section 
sixty-seven and of section sixty-eight, as amended by chapter 
one hundred and ten of the General Acts of nineteen hundred 
and seventeen, the time, if any, allowed for meals. The 
printed forms of such notices shall be provided by the state 
board of labor and industries, after approval by the at- 
torney-general. The employment of any such person at overtime 
any time other than as stated in said printed notice shall be w"en°^"^" ' 
deemed a violation of the provisions of this section unless it p^""™*"^- 
appears that such employment was to make up time lost on 
a previous day of the same week in consequence of the stop- 
ping of machinery upon which such person was employed 
or dependent for employment; but no stopping of machin- 
ery for less than thirty consecutive minutes shall justify such 
overtime employment, nor shall such overtime employment 
be authorized until a written report of the day and hour of 
its occurrence and its duration is sent to the state board 
of labor and industries, nor shall such overtime employment 
be authorized because of the stopping of machinery for the 
celebration of any holiday. Every employer engaged in xNoticestobe 
furnishing public service or in any other kind of business in ^ufy^and*""^ 
respect to which the state board of labor and industries time for meals 

,,,„,, , , . . . . , for women and 

shall hnd that public necessity or convenience requires the children, 
employment of children under the age of eighteen or women 
by shifts during different periods or parts of the day, shall 
post in a conspicuous place in every room in which such per- 
sons are employed a printed notice stating separately the 
hours of employment for each shift or tour of duty and the 
amount of time allowed for meals. Printed forms of such 
notices shall be provided by the state board of labor and in- 
dustries, after approval by the attorney-general. A list by 
name of the employees, stating in which shift each is em- 
ployed, shall be kept on file at each place of employment 
for inspection by employees and by officers charged with the 
enforcement of the law. In cases of extraordinary emer- in cases of 
gency as defined by section one of chapter four hundred and emergenjj^or 



86 



General Acts, 1919. — Chap. 114. 



extraordinary 
public require- 
ment, how 
legalized. 



ninety-four of the acts of nineteen hundred and eleven, as 
amended by section one of chapter two hundred and forty 
of the General Acts of nineteen hundred and sixteen, or ex- 
traordinary public requirement, the provisions of this act 
shall not apply to employers engaged in public service or 
in other kinds of business in which shifts may be required as 
hereinbefore stated; but in such cases no employment in 
excess of the hours authorized under the provisions of this 
act shall be considered as legalized until a written report of 
the day and hour of its occurrence and its duration is sent 
to the state board of labor and industries. 

Approved April 18, WW. 



1907, 576, § 20, 
etc., amended. 



Insurers may 
reinsure risks, 
other than 
life, etc. 



C/iap. 114 An Act relative to reinsurance and to the amount 

THAT MAY BE WRITTEN ON ANY ONE RISK. 

Be it enacted, etc., as follows: 

Section 1. Chapter five hundred and seventy-six of the 
acts of nineteen hundred and seven, as amended by chapter 
three hundred and forty-five of the acts of nineteen hundred 
and nine, and by chapter four hundred and forty-eight of the 
acts of nineteen hundred and fourteen, and as affected by 
section three of chapter twenty-one of the General Acts of 
nineteen hundred and sixteen, is hereby further amended 
by striking out section twenty and substituting the follow- 
ing: — Section 20. Every insurer authorized to issue policies 
in this commonwealth may reinsure in any other insurer 
any part or all of any risk or risks, other than life, assumed by 
it, but such reinsurance unless effected (a) with an insurer 
authorized to issue policies in this commonwealth, or (b) 
with an insurer similarly authorized in another state, terri- 
tory or district of the United States and showing the same 
standards of solvency and meeting the same statutory and 
departmental regulations which would be required or pre- 
scribed of such insurer were it at the time of such reinsur- 
ance authorized in this commonwealth to issue policies 
covering risks of the same kind or kinds as those reinsured, 
shall not reduce the taxes to be paid by or the reserve or other 
liability to be charged to the ceding insurer: provided, that 
nothing in this section shall be construed to permit to a 
ceding insurer any reduction of taxes through reinsurance 
effected with an insurer not authorized to issue policies in 
Charges in this commonwcaltli. In case such reinsurance is effected 
insurance. with au iusurcr so authorized, or so recognized for reinsur- 



Proviso. 



General Acts, 1919. — Chap. 114. 87 

ance in this commonwealth, the ceding insurer shall thereafter 
be charged on the gross premium basis with an unearned 
premium liability representing the proportion of such obli- 
gation retained by it, and the insurer to which the business 
is ceded shall be charged with an unearned premium liability 
representing the proportion of such obligation ceded to it 
calculated in the same way. The two parties to the trans- 
action shall together carry the same reserve which the ced- 
ing insurer would have carried had it retained the risk. 

Every insurer authorized to issue life policies in this com- insurers may 
monwealth may reinsure any life risk or risks assumed b\' rfskretc. ^ 
it, but such reinsurance, unless effected with an insurer au- 
thorized to issue hfe policies in this commonwealth, shall 
not reduce the taxes to be paid or the reserve to be charged 
to the ceding insurer : promded, that reinsurance of life risks Proviso, 
by insurance companies incorporated in this commonwealth 
shall be subject to the provisions of section seventy-two. 
In case such reinsurance is effected with an insurer so author- charges in 
ized in this commonwealth, the ceding insurer shall there- insurance". 
after be charged with a reserve liability representing the 
proportion of such obligation retained by it, and the insurer 
to w^hich the business is ceded shall be charged with a reserve 
liability representing the proportion of such obligation ceded 
to it. The two parties to the transaction shall together 
carry the same reserve which the ceding insurer would have 
carried had it retained the risk. 

Any contract of reinsurance, other than life, whereby an certain con- 
insurer cedes more than seventy-five per cent of the total sumn^ toTe" 
amount of its outstanding risks shall, if such insurer is in- f ^3^^° net ^'^ 
corporated by or, if an insurer of a foreign country, has its commissioner. 
principal office in this commonw^ealth, be subject to ap- 
proval in writing by the insurance commissioner of this com- 
monwealth. 

Nothing in this section shall be deemed to permit the Ceding in- 
ceding insurer to receive through the cession of the whole recrive"°ertain 
of any risk or risks any advantage in respect to its unearned '''i^'*"*'^"®'^- 
premium reserve if an insurer other than life, or if a life com- 
pany in the net value of its policies involving life contin- 
gencies, that would reduce the same below the actual amount 
thereof. 

The insurance commissioner shall require schedules of felng^l^^ce^to 
reinsurance to be filed by every insurer at the time of mak- ^^ fi'^<*- 
ing the annual report and at such other times as he may 
direct. 



88 



General Acts, 1919. — Chap, 115. 



Certain worrls 
defined. 



Amount that 
may be in- 
sured on any 
one risk. 



Penalty on 
foreign in- 
surance com- 
pany, etc. 



1907, 576, § 84, 
par. First, etc., 
amended. 



1907, 576, § 89. 
etc., amended. 



For the purpose of this section, the word "insurer" shall 
be deemed to include the word "reinsurer", and the words 
"issue policies" shall be deemed to include the words "make 
contracts of reinsurance". 

Xo insurance company shall insure in a single risk other 
than transportation, inland navigation, and ocean and 
coastwise marine risks, wherever such risk is situated, a 
larger amount than one tenth of its net assets unless it has 
provided for reinsurance of the excess over said limit to take 
effect simultaneously with the original contract; and if any 
foreign insurance company violates this pro^'ision, the in- 
surance commissioner may revoke its authority to transact 
business in this commonwealth ; but a mutual boiler insur- 
ance company of this commonwealth may insure in a single 
risk an amount not exceeding one fourth of its net assets. 

Section 2. Paragraph First of section eighty-four of 
said chapter five hundred and seventy-six, as amended by 
chapter four hundred and fifteen of the acts of nineteen hun- 
dred and nine, and by chapter two hundred and forty-seven 
of the acts of nineteen hundred and thirteen, is hereby 
further amended by striking out all of said paragraph after 
the words "twenty dollars", in the seventh line. 

Section 3. Section eighty-nine of said chapter five 
hundred and seventy-six, as amended by section two of chap- 
ter four hundred and forty-eight of the acts of nineteen hun- 
dred and fourteen, is hereby further amended by striking 
out all after the words "United States'-', in the ninth line. 

Approved April 18, 1,91.9. 



1907,561, § 10. 
etc., amended. 



Chap. 11 5 An Act relative to the amount of insurance which 

SAVINGS AKD INSUR.\NCE BANKS MAY PAY UPON THE DEATH 
OF THE. INSURED. 

Be it enacted, etc., a^ follows: 

Section ten of chapter five hundred and sixty-one of the 
acts of nineteen hundred and seven, as amended by chapter 
thirty-two of the General Acts of nineteen hundred and 
fifteen, is hereby further amended by inserting after the word 
"person", in the fourth line, the words: — except for such 
amount, if any, as it may be bound to pay upon the death of 
such person under an employees' group policy, — so as to 
Amount of in- read as follows: — Section 10. No savings and insurance 
savings and bank shall write any policy binding it to pay more than one 

insurance banks ,i iiii 'i'' e i' ' i i' n^. 

niuy pay upon tliousaiid doluirs, cxclusivc ot (iivKlcnds or prohts, upon 



Chapter 116, General Acts, 1919, amended by Chapter 326, 
General Acts, 1919. 

Referendum petition filed April 29, 1919, and completed 
July 17, 1919. 

See page 485. 



General Acts, 1919. — Chap. 116. 89 

the death of any one person, except for such amount, if any, death of the 
as it may be bound to pay upon the death of such person '"^^®^- 
under an employees' group policy, nor any annuity contract 
binding it to pay in any one year more than two hundred dol- 
lars, exclusive of dividends or profits. 

Approved April 18, 1919. 

An Act to authorize savings banks and institutions rhn-n lift 

FOR savings, and TRUST COMPANIES HAVING SAVINGS 
DEPARTMENTS, TO PLACE DEPOSITS ON INTEREST MONTHLY. 

Be it enacted, etc., a^ follows: 

Section 1. Trust companies having savings depart- Trust com- 
ments, may place deposits on interest once a month and ^a^'i^id^paft- 
not oftener, on such day in each month as may be deter- place^do'i^^its 
mined bv their respective bv-laws. .on interest 

■ T-v- • 1 1 * 1 • • • monthly, etc. 

Section 2. Dividends on deposits m savings depart- Dividends on 
ments of trust companies may be declared semi-annually de?br^'"m-''^ 
and not oftener, from income which has been earned and annually, etc. 
which has been collected during the six months next preced- 
ing the date of each dividend. 

Section 3. No trust company shall allow interest on interest not to 
any savings deposit from a date prior to that on which the ^ ^rui*^ 
deposit is made, nor shall a deposit which is withdrawn deposits, etc. 
between its dividend days be entitled to interest after the 
prior dividend day except with the written permission of, 
and under regulations prescribed by, the bank commis- 
sioner. 

Section 4. Chapter Hve hundred and ninety of the acts isos, 590. § eo, 
of nineteen hundred and eight is hereby amended by strik- '*'"''"^ed. 
ing out section sixty and substituting the following: — Sec- income of 
tion 60. The income of such corporation, after deducting andmstiful^ons 
the reasonable expenses incurred in the management thereof, hJ^^^jvilld 
the taxes paid to the commonwealth, and the amounts set 
apart for the guaranty fund, shall be divided among its de- 
positors, or their legal representatives, at times fixed bj^ its 
by-laws, in the following manner: an ordinary dividend 
shall be declared every six months from income which has 
been earned, and which has been collected during the six 
months next preceding the date of the dividend, except 
that there may be appropriated from the earnings remain- 
ing undivided after declaration of the preceding semi-annual 
di\idend an amount sufficient to declare an ordinary divi- 
dend at a rate not in excess thereof; but the total dividends 



90 



General Acts, 1919. — Chap. 117. 



declared during any twelve months shall not exceed the net 
income of the corporation actually collected during such 
period, except upon written approval of the commissioner. 
?riated at"* ^" ^^ Dividcnds shall be treated as deposits, and if not withdrawn 
deposits, etc. shall be considered, in computing the dividend next follow- 
ing, as having been on deposit for the preceding six months. 
Ordinary dividends shall not exceed the rate of fi\'e per cent a 
year. No ordinary dividend shall be declared or paid except 
as above provided, nor upon a deposit of less than three 
months' standing; but, if the by-laws so provide, ordinary 
dividends may be declared and paid upon deposits of one, 
two, four or five months' standing. The corporation may, by 
its by-laws, provide that a dividend shall not be declared or 
paid on less than three dollars, or on the fractional part of a 
dollar. Approved April 18, 1919. 



1916, 269 (G), 
S 16, etc., 
amended. 



Chap All An Act to authorize inspection by the auditor of the 

COMMONWEALTH OF CERTAIN BOOKS AND RECORDS OF THE 
TAX COMMISSIONER. 

Be it enacted, etc., as follows: 

Section sixteen of chapter two hundred and sixty-nine 
of the General Acts of nineteen hundred and sixteen, as 
amended by section seventy-one of chapter two hundred 
and fifty-seven of the General Acts of nineteen hundred 
and eighteen, and by chapter fifty of the General Acts of the 
current year, is hereby further amended by inserting after 
the word "authority", in the sixth line, the words: — The 
books, accounts and other records in the hands of the tax 
commissioner, except returns, shall be open to the inspection 
of the auditor of the commonwealth and of his deputies, as- 
sistants and clerks when acting under his authority for the 
purpose of auditing the accounts of the tax commissioner, — 
and by inserting after the word "commissioner", in the sixth 
and seventh lines, the words: — or by the auditor of the com- 
monwealth, — so as to read as follows: — Section 16. Re- 
turns shall be open to the inspection of the tax commis- 
sioner and of his deputies, assistants and clerks, when act- 
ing under his authority, and of the income tax assessors 
and of their deputies, assistants and clerks, when acting 
under their authority. The books, accounts and other 
records in the hands of the tax commissioner, except returns, 
shall be open to the inspection of the auditor of the common- 
wealth and of his deputies, assistants and clerks when acting 



Inspection of 
certain books 
and records 
of tax com- 
missioner 
authorized. 



General Acts, 1919. — Chap. 118. 91 

under his authority for the purpose of auditing the accounts 
of the tax commissioner. The disclosure by the tax com- Penalty for 
missioner, or by the auditor of the commonwealth, or by any formation, etc. 
deputy, assistant, clerk or assessor, or other employee of the 
commonwealth, or of any city or town therein, to any per- 
son but the taxpayer or his agent of any information whatever 
contained in or set forth by any such return, other than the 
name and address of the person filing it, except in proceed- 
ings to collect the tax or by proper judicial order, or for the 
purpose of criminal prosecution under the provisions of this 
act , shall be punishable by a fine not exceeding one thousand 
dollars, or by imprisonment for a period not exceeding six 
months, or by both such fine and imprisonment, and by 
disqualification from holding office for such period, not ex- 
ceeding three years, as the court may determine. Said re- Returns to be 
turns shall be preserved for two years, and thereafter until p''*'^'"^'^ •®*''- 
the tax commissioner orders them to be destroyed. The information as 
tax commissioner shall, upon the request of any inhabitant lax ret^wL. 
of the commonwealth, state whether or not any designated 
person has filed an income tax return for the current or any 
prior year. Approved April 18, 1919. 

An Act to authorize the conveyance of certain land qj^q^j) 118 

OF the commonwealth in the town of WESTMINSTER. 

Be it enacted, etc., as follows: 

The director of the commission on mental diseases is Conveyance 

. , , , , 111- .of certain land 

hereby authorized to execute, acknowledge and denver in ofthecom- 
the name and behalf of the commonwealth to the Boston uie'to^j^iof'" 
and Maine Railroad, its successors or assigns, such deeds auThoriz"^^"^ 
as may be necessary to convey two certain parcels of land 
situated in Westminster, lying along the northerly side of 
the location of the Vermont and Massachusetts Railroad 
Company, and containing, respectively, forty-eight thousand 
two hundred and ten and three thousand four hundred and 
six square feet of land, more or less, as shown upon a plan 
entitled: "Land in Westminster, Mass. used by the State 
Colony. Commonwealth of Massachusetts to Boston and 
Maine Railroad. John B. Russell, Real Estate Engineer. 
Scale: 1 in. = 100 ft. Jan. 1919." The said plan shall be 
recorded with the conveyance of said parcels in the registry 
of deeds for the northern district of the county of Worcester, 
and the consideration for the conveyance shall be a sum not 
less than fifty dollars. Approved April 18, 1910. 



92 



General Acts, 1919. — Chaps. 119, 120. 



Chap.119 An Act to establish the commission on foreign and 

DOMESTIC COMMERCE. 

Whereas, The deferred operation of the following act 
would tend to defeat its purpose, accordingly it is hereby 
declared to be an emergency law, as necessary for the immedi- 
ate preservation of the public convenience. 



Emergency 
preamble. 



Commission 
on Foreign 
and Domestic 
Commerce 
established. 



Duties, powers, 
etc., of board. 



Be it enacted, etc., as follows: 

Section 1. The governor, with the advice and consent 
of the council, shall appoint five persons who shall constitute 
a board to be known as the Commission on Foreign and 
Domestic Commerce, one of whom he shall designate as 
chairman. The members of the board shall serve without 
compensation and shall hold office until the first day of 
December in the year nineteen hundred and twenty. Sub- 
ject to the approval of the governor and council, the board 
may secure an office in the city of Boston, and may appoint 
a secretary and fix his compensation. The board may, also, 
appoint such clerks and experts as it may require, and, with 
the approval of the governor and council, fix their compen- 
sation. 

Section 2. The said board shall take such measures as 
it may deem suitable to develop and increase the foreign 
and domestic commerce of this commonwealth, and shall 
co-operate with any similar public bodies or officials in any 
movement to develop and increase such commerce. The 
board, on behalf of the commonwealth, may accept con- 
tributions, and, subject to the approval of the governor and 
council, may expend the same and also such sums as may be 
appropriated by the general court, for the purpose of carry- 
ing out the provisions of this act. 

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

Approved April 22, 1919. 



Chap. 120 An Act to authorize cities and towns to erect fore.st- 

FIRE 0BSERV.\TI0N TOWERS. 



Emergency 
preamble. 



Whereas, The deferred operation of the following act would 
largely defeat its purpose to provide further protection against 
forest fires during the spring and summer months of the pres- 
ent year, therefore the same is hereby declared to be an emer- 



General Acts, 1919. — Chap. 121. 93 

gency measure, necessary for the immediate preservation of 
the public safety and convenience. 

Be it enacted, etc., as follows: 

Section 1. Cities and towns are hereby authorized to Cities and 
construct, in co-operation with other cities or towns or with erecUwM^- 
the commonwealth, forest-fire observation towers, and to tion'towers'!" 
appropriate money therefor. The situation and construction 
of the towers so erected shall be subject to the direction of the 
state forester. 

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

Aypromd. April 22, 1919. 

An Act to provide for the operation and sale of cer- Chny loi 

TAIN FARM MACHINERY BY THE STATE DEPARTMENT OF 
AGRICULTURE. 

WJicrea^s, The commonwealth now owns certain farm Emergency 
machinery, and it is important that the same should be p'^®^™'''^- 
operated during the season of nineteen hundred and nineteen 
and that such operation should begin at the earliest possible 
date; therefore this act is hereby declared to be an emer- 
gency measure, as necessary for the immediate preservation 
of the public convenience. 

Be it enacted, etc., as follows: 

Section 1. The state department of agriculture may state depart- 
operate the farm machinery purchased under the provisions ^rkuUure 
of chapter ninety of the General Acts of the year nineteen ^''lesSr'^''''' 
hundred and eighteen, subject to the provisions of section ^^chhiCT"™ 
two of said chapter, or may lease the same to farmers or 
others for use in this commonwealth, provided that such Proviso. 
operation shall cease and the term of every such lease shall 
expire not later than the first day of November, nineteen 
hundred and nineteen. 

Section 2. The said department may sell the said ma- May seii farm 
chinery to such persons or organizations and on such terms '"-'^chinery, etc. 
as it may deem best suited to the development of agriculture 
in Massachusetts, provided, that before any of said machines Proviso. 
are sold, the state board of charity, the commission on mental 
diseases, the director of prisons and the various boards of 
county commissioners shall be given reasonable opportunity 
to purchase the same. The said department is hereby 



94 



General Acts, 1919. — Chap. 122. 



directed to sell all such machinery not later than the first 
day of November, nineteen hundred and nineteen, and to 
make return of the proceeds thereof on or before the follow- 
ing thirtieth day of November, to the treasurer and receiver 
general. 
Section 3. This act shall take effect upon its passage. 

Approved April 22, 1919. 



Commissioners 
on Uniform 
State Laws 
established. 



Duties of 
commission. 



Chap. 122 An Act to establish commissioners on uniform state 

LAWS. 

Be it enacted, etc., a^ follows: 

Section 1. The governor, with the advice and consent 
of the council, shall, within thirty days after the twenty- 
eighth day of July, nineteen hundred and nineteen, appoint 
three suitable persons to be Commissioners on Uniform State 
Laws. The commissioners shall meet and organize within 
thirty days after their appointment and shall hold office 
for a term not exceeding fixe years from the date of their 
organization. Any vacancy in the commission arising from 
resignation or otherwise shall be filled for the unexpired term 
by appointment by the governor with the advice and con- 
sent of the council. The governor may remove for cause 
any or all of said commissioners. 

Section 2. It shall be the duty of the commission to 
examine subjects upon which uniformity of legislation in 
the various states and territories of the United States is 
desirable, but which are outside of the jurisdiction of the con- 
gress of the United States ; to confer upon these matters with 
the commissioners appointed by other states and territories 
for the same purpose; to consider and draft uniform laws to 
be submitted for approval and adoption by the several states; 
and generally to devise and recommend such other or further 
course of action as may tend to accomplish the purposes of 
this act. 

Section 3. The commission shall keep a record of its 
doings, and shall, on or before the thirty-first day of Decem- 
ber in each year, and may at other times, make a report of 
its doings and its recommendations to the governor and coun- 
cil, to be transmitted to the general court. 

Section 4. No member of the commission shall receive 
any compensation for his services, but each member shall 
be paid from the treasury of the commonwealth, in accord- 
ance with the laws regulating disbursements therefrom, the 



Records to be 
kept, etc. 



Members to 
receive no 
compensation, 
etc. 



General Acts, 1919. — Chap. 123. 95 

amount of his actual travelling and other necessary expenses 
incurred in the discharge of his official duty, after an account 
thereof has been audited by the commission. The com- 
mission shall keep a full account of its expenditures and shall 
include the same in each annual report. 

Section 5. The commission is hereby authorized, in its Contribution 
discretion, to contribute each year a sum not exceeding one pensesof 
hundred dollars toward the expenses of the conference of Smmfs^i'onfrs 
commissioners on uniform state laws, the same to be paid stLtTiaws"" 
from such appropriation for the expense of the commission a^t^io"^^^- 
as may be made by the general court. 

Section 6. Chapters four hundred and sixteen of the Repeals, 
acts of nineteen hundred and nine, seventy-three of the acts of 
nineteen hundred and ten and three hundred and eighty-one 
of the acts of nineteen hundred and fourteen are hereby re- 
pealed; but this section shall not take effect until the ap- Time of taking 
pointment and organization of the commissioners herein 
provided for. Approved April 22, 1919. 



An Act relative to the sale of materials used in the fhfj^^ i oq 

MANUFACTURE OF MATTRESSES AND SIMILAR ARTICLES. 

Be it enacted, etc., as folloics: 

Chapter one hundred and forty-eight of the General Acts i9i5, us (G), 
of nineteen hundred and fifteen is hereby amended by add- '^'"*'"^^- 
ing after section two a new section to be numbered three, as 
follows : — Section 3. No person shall sell or offer for sale Saie of 
any second hand hair, down, feathers, wool, cotton, silk ™ m^wacture 
floss or other materials commonly used for filling mattresses, anTei'mifaf ^ 
pillows, cushions, muff beds, quilts or other similar articles, regijated 
representing the same to be new material. When any such 
hair or other material, above specified or described, is shipped 
enclosed in any box, crate, package or other container, it 
shall have attached thereto a tag containing a statement of 
the contents of the package together with the name of the 
vendor. Violation of any provision of this section shall be Penalty. 
punished by a fine of not more than five hundred dollars, or 
by imprisonment for not more than six months, or by both 
such fine and imprisonment. Approved April 22, 1919. 



96 



General Acts, 1919. — Chaps. 124, 125. 



Owners of lots, 
tombs and 
monuments in 
cemeteries 
may convey 
or devise the 
same in trust 
in order to be 
preserved, etc. 



Chap. 124: ^N ^^'^ RELATIVE TO THE CARE AND PRESERVATION OF LOTS, 
TOMBS AND MONUMENTS IN CEMETERIES. 

Be a enacted, etc., as follows: 

The owner of any right, title or interest in or to a lot, 
tomb or monument in any cemetery owned or controlled 
by any company or association or by any city or town, may 
convey or devise the same to such company, association 
or municipality in trust for the purpose of its preservation as 
a memorial or as a burial place for the bodies of the owner 
and his descendants or relatives, or of such other persons 
as may be specified in the deed, will or other instrument 
creating the trust, or upon such other trust as may be created 
by the owner and accepted by the company, association or 
municipality; but no such instrument shall be construed 
to take away the right of the heirs of the owner of a lot or 
tomb to be buried therein, unless the instrument contain an 
express provision to that effect. Any such company, asso- 
ciation or municipality may accept any such grant, gift or 
devise, and if it accepts the same shall forever carry out and 
observe the terms of the instrument by which the grant, gift 
or devise was made. After the making of a conveyance or 
the taking effect of a devise, as aforesaid, and its acceptance 
by the cemetery authorities, the grantor or devisor of the 
lot, tomb or monument, or of any interest therein, his heirs 
and assigns, shall have no control over the lot, tomb or monu- 
ment except such as may be reserved in the instrument of 
conveyance or devise. Approved April 22, 1919. 



Acceptance of 
gifts, etc. 



Chap.125 An Act to establish the soldiers' and sailors' com- 
mission. 



Kmergency 
preamble. 



Whereas, The deferred operation of the following act 
would largely defeat its purpose, therefore the act is hereby 
declared to be an emergency measure, necessary for the 
immediate preservation of the public convenience. 



Soldiers' 
and Sailors' 
Commission 
established. 



Be it enacted, etc., as follows: 

Section 1. There is hereby' established the Soldiers' 
and Sailors' Commission whose object shall be to investigate 
the economic or other conditions which have resulted in the 
non-employment of many soldiers, sailors and marines who 
have been honorably discharged or have been released from 



General Acts, 1919. — Chap. 125. 97 

the service of the United States; to procure employment object of 

-, , , 1111*^ commission, 

for them; to take siicli measures as may be legal and proper etc. 
to induce former employers of soldiers and sailors to rein- 
state them in the positions which they held before entering 
the service; to provide means of support for them and their 
dependents if they are unable to procure employment, or 
if they are unable to work on account of disability or illness; 
and, in general, to befriend, protect and encourage those 
citizens of the commonwealth who have received or shall 
hereafter receive an honorable discharge or release from the 
military or naval ser^'ice of the United States. 

Section 2. The said commission shall consist of the per- Membership, 
sons designated under the provisions of chapter one hun- vacancies, 
dred and twelve of the Special Acts of nineteen hundred and ^ °'''^"*'^''' 
nineteen. Any vacancies arising in the commission shall be 
filled in the manner of the original appointment. The mem- 
bers of the commission shall elect a chairman and a secretary 
from their number. The commission shall serve without 
compensation, but shall be allowed such sums for its neces- 
sary expenses as may be approved by the governor and coun- 
cil, to be paid out of the appropriation or appropriations for 
aiding returning soldiers, sailors and marines in finding em- 
ployment. The commission may be furnished with rooms 
and may use those of any department with the consent of 
the governor and council, and may give public hearings if 
they are deemed necessary or expedient. 

Section 3. The said commission shall investigate all J^^of non'*-*^ 
cases of non-employment among men discharged or released employment, 
from the military or na\'al ser\'ice of the United States which 
are brought to its attention, shall ascertain, so far as is pos- 
sible, how many discharged soldiers or sailors are seeking 
employment, what kind of employment they are fitted for, 
and in what cities or towns they are resident. The com- To obtain 
mission shall ascertain from the municipal authorities of all L" t'o'I!^s?bie 
cities in the commonwealth, and of the larger towns, what ^wk'by ckies. 
constructive public work in respect to buildings, roads, to^^s, etc. 
bridges or otherwise could advantageously be undertaken 
immediately, or in the near future, in their respective mu- 
nicipalities, what would be the cost of each undertaking, and 
whether it- would be practicable, and of advantage to the 
public. Similar information as to possible constructive work, 
and the feasibility and estimated cost thereof, shall be ob- 
tained by the commission from the various county commis- 
sioners and from the commission on mental diseases, the state 



98 



General Acts, 1919. — Chap. 125. 



Mayors, 
selectmen, 
etc., to furnish 
information. 



To report to 
the general 
court, etc. 



Local soldiers' 
and sailors' 
committees, 
appointment 
of, duties, etc. 



Provisions for 
dtssolution of 
commission. 



board of charity, the state board of labor and industries, 
the Massachusetts highway commission, the commission 
on waterways and public lands, the commissioner of agri- 
culture, the state forester, the board of commissioners on 
fisheries and game, the Massachusetts commission for the 
blind, the board of education, the homestead commission, 
the metropolitan park commission, the metropolitan water 
and sewerage board, and the transit department of the city of 
Boston. And it is hereby made the duty of the mayors, or 
corresponding officers or boards of cities, of the selectmen of 
towns, and of the other officers, boards, commissions and 
departments aforesaid, to furnish the commission hereby 
established with all the information which they possess as 
to the matters above mentioned, or which they can procure 
by reasonable efforts. The said information shall be fur- 
nished to the commission, as speedily as possible, in pur- 
suance of this act, and without any special request therefor. 
It shall be the duty of the said commission to report from 
time to time to the general court, with such suggestions for 
legislation or otherwise as it may deem necessary or proper; 
and if any such report shall become necessary after the pres- 
ent general court has been prorogued, it shall be made to the 
governor. 

Section 4. The commission shall appoint in such in- 
dustrial centres and other cities and towns of the common- 
wealth as may seem to it expedient, local soldiers' and sailors' 
committees, or may designate any existing local committee 
or agency to act as such a committee, and may delegate to 
said committees such powers and duties as in the judgment 
of the commission may be necessary effectively to carry out 
the provisions of this act in all parts of the commonwealth. 
Such local committees shall, under the supervision and di- 
rection of the commission, exercise the powers and duties 
delegated as aforesaid, and shall make such reports to the 
commission as it may require. The said commission is 
hereby authorized to request any persons, associations or 
corporations which have already established agencies or 
headquarters for the relief of discharged soldiers, sailors and 
marines, or shall hereafter establish the same, to co-operate 
with the said commission, or to restrict, divert or cease their 
efforts, as the commission may deem best for the common 
good. 

Section 5. The soldiers' and sailors' commission shall 
continue in existence until it is dissolved by proclamation 



General Acts, 1919. — Chaps. 126, 127. 99 

made by the governor; and the governor is hereby author- 
ized and requested to dissolve the commission whenever, in 
his judgment, the reasons for its existence have ceased. 
Section 6. This act shall take effect upon its passage. 

Approved April 24, 1919. 

An Act to provide for the proper observance through- ChapA26 

OUT THE commonwealth OF THE RETURN OF MASSACHU- 
SETTS SOLDIERS, SAILORS AND MARINES. 

Whereas, It is fitting that a day should be set apart to Emergency 
celebrate the home-coming of Massachusetts soldiers, sailors ^'^"'"^ 
and marines, and 

Whereas, The deferred operation of the following act 
might defeat its purpose, therefore, the act is declared to be 
an emergency measure, necessary for the immediate preser- 
vation of the public convenience. 

Be it enacted, etc., as follows: 

Section 1. The governor is hereby authorized to desig- Governor may 

,1 1 ,' 1 i*i*i''i , designate a holi- 

nate by proclamation a day which in his judgment may day for proper 
appropriately be set apart for the general observance and ^heTe'turrof 
celebration throughout the commonwealth of the home-corn- aoidiert^^iiors 
ing of Massachusetts soldiers, sailors and marines, and the '*"'' marines. 
day so designated shall, for the year only in which it occurs, 
be a holiday within the meaning of the ninth clause of sec- 
tion five of chapter eight of the Revised Laws and the amend- 
ments thereof, and all the public offices shall be closed on 
that day. 

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

Approved April 24, 1919. 

An Act relative to clerical assistance in the office Cfiay 127 

OF the clerk of the MUNICIPAL COURT FOR THE ROXBURY 
DISTRICT OF THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Section one of chapter four hundred and seventy-five of ^end^^j^^' 
the acts of nineteen hundred and eight is herebj^ amended 
by striking out the words "six hundred", in the fourth line, 
and substituting the words: — one thousand, — so as to 
read as follows: — Section 1. The clerk of the municipal ^sslstTnce 
court of the Roxbury district of the city of Boston mav an- to cierk of 

11 1 i? 1 • 1 • , ' \ > rr> *■ Boston munic- 

nuaiiy expend tor clerical assistance in his office, a sum not ipai court for 



100 



General Acts, 1919. — Chaps. 128, 129. 



the Roxbury 
district. 



exceeding one thousand dollars, upon the certificate of the 
justice that the work was actually performed and was nec- 
essary. Approved April 24, 1919. 



ChapA28 ^^ -^^'^ regulating the fees receivable by sealers of 

WEIGHTS and measures. 



Be it enacted, etc., as follows: 



R. L. 62, § 34, 
etc., amended. 



Chapter sixty-two of the Revised Laws, as affected by 
chapter three hundred and ten of the acts of nineteen hun- 
dred and nine, and by chapter four hundred and fifty-two of 
the acts of nineteen hundred and fourteen, is hereby amended 
by striking out section thirty-four and substituting the 
^^^^eiv^abie following: — Section 34. Sealers of weights and measures 
weights and shall rcccivc fecs as follows: — For sealing (a) all scales 
with a capacity of more than five thousand pounds, one 
dollar .each ; (b) all scales with a weighing capacity, of one 
hundred to five thousand pounds, fifty cents each; (c) all 
other scales, balances, and measures on pumps, ten cents 
each, and (d) all weights and other measures, three cents 
each. They shall also receive reasonable compensation for 
all necessary repairs, alterations and adjustments made b}^ 
them. Approved April 24, 1919. 



measures 
regulated 



1914, 587, § 18, 
etc., amended. 



C/iap.l29 An Act relative to the amount to be allowed for the 

BURIAL of indigent SOLDIERS AND SAILORS. 

Be it enacted, etc., as follows: 

Section eighteen of chapter five hundred and eighty-seven 
of the acts of nineteen hundred and fourteen, as amended 
by chapter one hundred and sixty of the General Acts of 
nineteen hundred and seventeen, is hereby further amended 
by striking out the word "fifty", in the second line, and sub- 
stituting the word: — sixty, — and by striking out the word 
"ten", in the sixth line, and substituting the word: — thirty- 
five, — so as to read as follows: ^ — Section 18. The ex- 
pense of such burial shall not exceed sixty dollars, two dol- 
lars of which shall be paid as compensation to the burial 
agent who caused the interment to be made; but if the 
total expense of the burial, by whomsoever incurred, shall 
exceed the sum of one hundred and thirty-five dollars, no 
payment therefor shall be made by the commonwealth. The 
burial shall not be made in any cemetery or burial ground 



Amount to be 
allowed for the 
burial of indi- 
gent soldiers 
and Bailors. 



General Acts, 1919. — Chap. 130. 101 

which is used exclusively for the buiial of the pauper dead, 
or in any part so used of any cemetery or burial ground. 
Relatives of the deceased who are unable to bear the expense who may 
of burial may be allowed to conduct the funeral. The full funfratetc. 
amount so expended, the name of the deceased soldier, certification of 
sailor or marine, the regiment, companv or vessel in which he '^^^'^'■}» *» co"i- 

» 1 1 , a ' 1 . missioner of 

served, the date oi death, place oi mterment, and in case of state aid, etc. 
a wife or widow the name of the husband and date of mar- 
riage, and such other details as the commissioner of state 
aid may require, shall be certified under oath to him, in such 
manner as he may approve, by the burial agent and the 
treasurer of the city or town ex7)ending the amount, within 
ninety days after the burial; and said commissioner shall 
endorse upon the certificate his allowance of such amovmts as 
in his judgment have been paid and reported according to 
the provisions of this act, and shall transmit such certificate 
to the auditor. The amounts legally paid and so allowed, meiu.*'"™^ 
with no expense for disbursement, shall be reimbursed by the 
commonwealth to the several cities and towns on or before 
the tenth day of November in the year after the expenditures 
have been made. Ajjproved April 24, 1019. 

An Act relative to effecting insurance in foreign Chny 130 

COMPANIES not AUTHORIZED TO ISSUE POLICIES IN THIS 
COMMONWEALTH, 

Be it enacted, etc., as follows: 

Chapter five hundred and seventy-six of the acts of nine- i907. 576, § 107, 
teen hundred and seven is hereby amended by striking out '""^" 
section one hundred and seven and substituting the follow- 
ing: — Section 107. Whoever, for a person other than him- Penalty for 
self, acts or aids in any manner in the negotiation, contin- sufanc"^in"' 
nation, renewal or transaction of insurance with a foreign foJerg'il"'"^'^ 
insurance company not lawfully admitted to issue policies comp'^n'ea- 
in this commonwealth shall be punished by a fine of not less 
than one hundred nor more than five hundred dollars; but 
this section shall not apply to any act in connection with the 
insurance of affidavit risks placed by a special broker as set 
forth in section eighty-€ight and amendments thereof, nor 
to any act of a licensed broker in effecting insurance of trans- 
portation, inland navigation and ocean and coastwise marine 
risks, nor to any insurance appertaining thereto which 
cannot, to the advantage of the insured, be placed in au- 
thorized companies. Approved April 24, 1919. 



102 



General Acts, 1919. — Chaps. 131, 132. 



Chap.lSl An Act relative to the filing by state boards and com- 
missions OF RECOMMENDATIONS AND SUGGESTIONS FOR 
LEGISLATIVE ACTION. 



R. L. 18, § 6, 
etc., amended. 



Filing by state 
boards and 
commissions of 
recommenda- 
tions and 
suggestions for 
legislative 
action. 



Report.s of 
special commis- 
sions. 



Be it enacted, etc., as folio ws: 

Chapter eighteen of the Re^'ised Laws, as amended by 
chapter four hundred and fifty-two of the acts of nineteen 
hundred and ten, and by chapters two hundred and twenty- 
two and two hundred and sixty-nine of the General Acts of 
nineteen hundred and fifteen, is hereby further amended by 
striking out section six and substituting the following : — 
Section 6. State boards and commissions shall annually, 
on or before the first Wednesday in December, deposit with 
the secretary of the commonwealth such parts of their annual 
reports which are required to be made to the governor and 
council or to the general court as contain recommendations 
or suggestions for legislative action, excluding those parts 
which, by the provisions of section two of chapter two hun- 
dred and forty-four of the General Acts of nineteen hundred 
and eighteen, are required to be covered by estimates sub- 
mitted to the supervisor of administration. Such recommen- 
dations and suggestions shall be accompanied by drafts of bills 
embodying the legislation recommended; and the secretary 
shall forthwith transmit them to the governor and council 
or to the general court. All reports of special commissions 
recommending legislation shall be accompanied by drafts 
of bills embodying the legislation recommended. This sec- 
tion shall not apply to the annual. report submitted by the 
supervisor of administration. Approved April 24, 1919. 



Chap. 1S2 An Act to provide for the division into day and night 

FORCES of permanent MEMBERS OF FIRE DEPARTMENTS. 

Be it enacted, etc., as folloivs: 

Section 1. The permanent members of the uniformed 
fire-fighting force in every city and town which accepts the 
provisions of this act shall be divided by the fire commis- 
sioner, board of fire commissioners, chief engineer, board of 
engineers, or other officer or officers having charge of the 
fire-fighting force into two bodies or platoons, which shall 
be designated as a day force and a night force, and the day 
force and night force shall alternate on tours of duty every 
third dav. 



Permanent 
members of 
fire depart- 
ments may be 
divided into 
two bodies or 
platoons, etc. 



General Acts, 1919. — Chap. 132. 103 

Section 2. The hours of duty of the day force shall be Hours of duty 
from eight o'clock ante meridian to six o'clock post meridian, niglfuor"!. 
and the hours of duty of the night force shall be from six- 
o'clock post meridian to eight o'clock ante meridian: ino- Proviso. 
mded, that on every third day, for the purpose of alternat- 
ing the day force with the night force and vice versa, the 
number of hours of duty herein stated may be exceeded, 
but one force shall be at liberty at all times except as is 
otherwise provided in section three of this act. 

Section 3. In case of a conflagration, the officer or board i" case of 
having charge of the fire-fighting force shall have full au- members may 
thority to summon and keep on duty any or all of the mem- duty.^' °" 
bers of the fire-fighting force while the conflagration con- 
tinues. 

Section 4. The pro\'isions of this act shall not repeal ^d^nlncw**' 
or affect anv act, ordinance or bv-law relative to salary, etc., not 

" 1 . .1 ",.,.,. , 1. 1 repealed or 

pensions, annual vacations, sick or disability leave or ab- affected. 
sence of the members of the fire-fighting force in any city or 
town. Section forty-four of chapter five hundred and four- certain pro- 
teen of the acts of nineteen hundred and nine, authorizing not'to'^appir 
cities and towns to establish the hours of labor of firemen, after^acceptance 
chapter five hundred and forty-six of the acts of nineteen 
hundred and twelve, and chapter ninety-seven of the General 
Acts of nineteen hundred and fifteen, both of which provide 
for granting firemen one day off in five, shall not hereafter 
apply to the permanent members of the uniformed fire-fight- 
ing force in any city or town which accepts the provisions 
of this act. 

Section 5. All ordinances or b^•-laws, or parts thereof, Repeal of cer- 

.. , I'-i 1 n *^"* ordinances, 

anecting the number that may be appointed as members of by-iaws, etc. 
its fire-fighting force, or the meal hours or days off of the 
members of the fire department of any city or towTi which 
accepts the provisions of this act are hereby repealed. 

Section 6. Upon a petition of not less than ten per Petition for 
cent of the registered voters in any city or town, duly certi- etc!'^°°'^"™' 
fied by the registrars of voters and filed with the secretary 
of the commonwealth not less than thirty days before any 
state election, the secretary of the commonwealth shall 
cause to be printed upon the official ballot to be used in such 
city or town at such state election the following question: — 
" Shall an act passed in the year nineteen hundred and nine- 
teen, to provide for the division into day and night forces of 
permanent members of fire departments, known as the two 
platoon system be accepted?" 



104 



General Acts, 1919. — Chaps. 133, 134, 135. 



Time of 
taking effect. 



If a majority of the votes cast on the said question in any 
city or town are in the affirmative, this act shall take effect 
in such city or town ninety days thereafter. So much thereof 
as authorizes its submission to the voters of the various cities 
and towns shall take effect ninety days after its passage. 

Approved April 25, 1919. 



Chap. 1S3 An Act relative to the payment of fees for the inspec- 
tion OF BOILERS AND AIR TANKS. 

Be it enacted, etc., a.9 follows: 

All fees for the inspection of boilers, as provided in section 
fourteen of chapter four hundred and sixty-five of the acts 
of nineteen hundred and seven, as amended by section five 
of chapter five hundred and thirty-one of the acts of nine- 
teen hundred and twelve; and for the inspection of air 
tanks, as provided in section eight of chapter six hundred 
and forty-nine of the acts of nineteen hundred and fourteen, 
shall hereafter be paid to the chief of the district police, who 
shall pay the same to the treasurer of the commonwealth. 

Approved April 25, 1919. 



Fees for the 
inspection of 
boilers and air 
tanks to bo 
paid to the 
chief of the 
district police. 



C/iap. 134 An Act relative to the sale or exchange of manu- 
factured IMITATIONS OF THE FURS OF FUR-BEARING 
ANIMALS. 

Be it enacted, etc., as follows: 

Whoever, himself, or by his agent or servant, or as the 
agent or servant of another person, sells or exchanges, or has 
in his custody or possession with intent to sell or exchange, 
or exposes or offers for sale or exchange, any manufactured 
imitations of furs of fur-bearing animals, representing the 
same to be the genuine fur of certain animals, shall be pun- 
ished by a fine of not less than two hundred nor more than 
five hundred dollars for each offence. 

Approved April 25, 1919. 



Penalty for cer- 
tain sale or 
exchange of 
manufactured 
imitations of 
furs of 
fur-bearing 
animals. 



Chap. 135 An Act to establish the compensation of assessors. 

Be it enacted, etc., as follows: 

Section ninety-nine of Part I of chapter four hundred and 
ninety of the acts of nineteen hundred and nine is hereby 
amended by striking out the word "two", in the second line, 
and substituting the word : — three, — so as to read as fol- 



1909, 490, Part I, 
§ 99, amended. 



General Acts, 1919. — Chap. 136. 105 

lows: — Section 99. Each assessor shall be paid by his city Compensation 
or town three dollars and fifty cents a day for every whole estaStlhed. 
day in which he is employed in that service, and such addi- 
tional compensation as the city or town shall allow. 

Approved April 25, 1919. 

An Act relative to the taxation of the estates of CJiav 136 

DECEASED PERSONS IN RESPECT TO INCOME. 

Be it enacted, etc., as folloics: 

Section 1. Chapter two hundred and sixty-nine of the ioig. 269(G), 
General Acts of nineteen hundred and sixteen is hereby ^ ^' '*'"'""'''''■ 
amended by striking out section eight and substituting the 
following: — Section 8. The estates of deceased persons Taxation of 



estates of 



per- 



who last dwelt in this commonwealth shall be subject to Jec^ew 
the taxes imposed by this act upon all income received by toin^me"^''*""^ 
such persons during their lifetime, except income taxable 
under paragraph (b) of section five, if assessed within the 
time limited by section fourteen. The income received by 
the estates of such deceased persons shall be subject to all 
the taxes imposed by this act to the extent that the persons 
to whom such income is payable, or for whose benefit it is 
accumulated, are inhabitants of this commonw^ealth. All How assessed. 
taxes under this section shall be assessed to the executor or 
administrator, and before the appointment of an executor or 
administrator the said taxes shall be assessed in general 
terms to the estate of the deceased, and the executor or ad- 
ministrator subsequently appointed shall be liable for the 
tax so assessed as though it were assessed to him. No person 
shall be taxed under this act for income received from any 
executor or administrator which income has itself been taxed 
under this section. If any income, other than income re- Time limit for 
ceived by him or income of his decedent with respect to assessment. 
which he is required by this act to make a return, is taxable 
under this act to an executor or administrator or to the estate 
of his decedent, he shall not be obliged to pay a tax under 
this act thereon unless it is assessed within one year after his 
giving bond: provided, that he has given due notice of his Proviso, 
appointment and has filed his inventory within nine months 
thereafter. If the inventory shall not have been filed within 
the said nine months, the executor or administrator shall be 
obliged to pay any taxes that may be assessed under this 
act within three months after the filing of the inventory. 
The provisions of this act with reference to the taxation of 



106 



General Acts, 1919. — Chap. 137. 



1916,269 (G). 
§ 12, amended. 



Returns of 
income, by 
whom made, 
etc. 



Time of 
taking effect. 



income received by trustees shall, so far as apt, and except 
as is otherwise provided herein, apply to the income received 
by executors and administrators. 

Section 2. Section twelve of said chapter two hundred 
and sixty-nine is hereby amended by striking out the fourth 
paragraph and substituting the following: — Every indi- 
vidual who is an inhabitant of the commonwealth at any 
time between the first day of January and the thirtieth day 
of June, both inclusive, in any year, and every executor, 
administrator, trustee or other fiduciary in office between 
said days in any year, who is such inhabitant, or who derived 
his appointment from a court of this commonwealth, and the 
estate of every deceased inhabitant of the commonwealth, 
shall be subject to the taxes imposed by this act. Every 
such individual or fiduciary shall file a return under this sec- 
tion, if he has in the preceding year received income taxable 
hereunder, and an executor or administrator shall file such 
return if his decedent in the preceding year received any 
such income not returned by the decedent. In the case of a 
person who has become an inhabitant of the commonwealth 
or has been appointed an executor or administrator after 
the first day of February in any year, such return shall be 
due and shall be filed ninety days after he becomes such 
inhabitant or receives such appointment. 

Section 3. This act shall take effect on the first day of 
January, nineteen hundred and twenty, and shall apply to 
estates of deceased persons who last dwelt in this common- 
wealth in the year nineteen hundred and nineteen and sub- 
sequent years. Approved April 25, 1919. 



ChapAS7 An Act relative to the annual publication of the laws. 
Be it enacted, etc., as folloios: 



1914, 449, § 1, 
etc., amended. 



Acts and re- 
solves of the 
general court, 
constitution 
of the com- 
monwealth, 
data as to 
the initiative 
and referen- 
dum table of 
changes in the 



Section 1. Chapter four hundred and forty-nine of the 
acts of nineteen hundred and fourteen, as amended by sec- 
tion one of chapter one hundred and fifty-one of the Gen- 
eral Acts of nineteen hundred and eighteen, is hereby fur- 
ther amended by striking out section one and substituting 
the following : — Section 1 . The secretary of the common- 
wealth shall, at the close of each regular session of the gen- 
eral court, collate and cause to be printed in a single volume 
the following: — 

(1) The constitution of the commonwealth. 

(2) All acts and resolves enacted or passed at such session. 



General Acts, 1919. — Chap. 1.38. 107 

(3) All amendments to the constitution referred at such general laws, 
session to the next general court or to be submitted to the published 
people at the next state election. in a single 

(4) All acts and resolves enacted or passed at any special ^°'™^- 
session of the general court, except a general revision of the 
statutes, and not theretofore published in any preceding 
annual volume. 

(5) All laws and constitutional amendments adopted by 
the people at the last pjeceding state election with the aggre- 
gate vote thereon, both affirmati\'e and negative, arranged in 
such detail as the secretary may determine. 

(6) A statement in bold type at the conclusion of each law 
as printed, or in a postscript at the end of the volume, as to 
which a petition asking for a referendum thereon has been 
filed prior to the publication of the volume, with a sufficient 
number of signatures to suspend its operation and to pro- 
cure its submission to the voters, together with a recital of 
the pertinent pro^'isions of Article XLVIII of the amend- 
ments to the constitution. 

(7) A statement showing what acts of the general court 
were submitted to the voters at the preceding state election, 
with the total vote, affirmative and negative, on each meas- 
ure, and a specific reference to such laws of the general court 
as have so been rejected. 

(8) A table of changes in the general laws and an index, 
to be prepared by a skilled person appointed by the joint 
committee on rules of the general court, who shall receive 
such compensation as may be fixed by the committee. 

Section 2. This act shall take effect on the first day of J^^l^^lg^^^ 
January in the year nineteen hundred and twenty. 

Approved April 25, 1919. 

An Act relative to the reorganization of the ■st>lun- (Jfiny 138 

TEER militia. ^ 

Whereas, The deferred operation of this act would tend ^^Tambie'^ 
to defeat its purpose, which is to authorize without delay 
the preliminary steps essential to the reorganization of the 
volunteer militia, therefore the act is hereby declared to be 
an emergency law, necessary to the immediate preservation 
of the public convenience. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of recruiting the Massa- Appointment 
chusetts volunteer militia under chapter three hundred and officOTrfor"^ 



108 



General Acts, 1919. — Chap. 139. 



purpose of 
recruiting the 
volunteer 
militia. 



Provisional 
officers, time of 
appointment, 
designation, 
etc. 



Enlisted men 
honorably dis- 
charged from 
United States 
army, navy or 
marine corps, 
etc., may be 
enlisted with- 
out physical 
examination. 



Assignment 
of units to 
armories. 



twenty-seven of the General Acts of nineteen hundred and 
seventeen, and acts in amendment thereof, the commander- 
in-chief may appoint provisional officers for such units as he 
may from time to time create, by orders in accordance with 
the above named chapter and amendments thereof. Such 
provisional officers, subject to removal by the commander- 
in-chief and until their successors are elected or appointed 
as provided by the constitution and laws of the common- 
wealth, shall exercise the same military authority over their 
several commands as is specified in the said laws for duly 
chosen officers of the organized militia of the commonwealth. 

Section 2. Such provisional officers may be appointed 
before the enlisted personnel of the units to which they are 
assigned are enlisted and mustered and may be designated 
as enlisting and mustering officers of the respective units to 
which they are assigned. 

Section 3. Enlisted men who have been honorably 
discharged from the United States army, navy or marine 
corps or released from active service therein may be enlisted 
and mustered without physical examination for the term of 
one year and the commander-in-chief may prescribe in orders 
that commanding officers may furlough the enlisted personnel 
of their respective commands for such periods as the com- 
mander-in-chief may determine in orders. 

Section 4. The commander-in-chief may assign such 
units as he may create to such armories as he may designate. 

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

Approved April 29, 1919. 



Emergency 
preamble. 



C/iap. 139 An Act relative to war allowances for dependents of 

CERTAIN SOLDIERS, SAILORS AND MARINES. 

Whereas, The deferred operation of this act would defeat 
its purpose to provide immediate relief for the dependents 
of persons in the military or naval service of the United 
States, therefore the act is hereby declared to be an emer- 
gency law, as necessary for the immediate preservation of 
the public convenience. 



1918, 108 (G), 
§ 1, amended. 



War allowances 
may be pro- 
vided by cities 



Be it enacted, etc., as follows: 

Chapter one hundred and eight of the General Acts of 
nineteen hundred and eighteen is hereby amended by strik- 
ing out section one and substituting the following: — Sec- 
tion 1. Any city or town, acting by the officers authorized 



General Acts, 1919. — Chap. 140. 109 

by law to furnish state and military aid, may, during the war and towns for 
with Germany and for six months thereafter, provide a war ceTtahi soldiers, 
allowance for the dependent relatives of any soldier, sailor marinra"etc. 
or marine who, subsequently to February third, nineteen 
hundred and seventeen, entered the military or naval serv- 
ice of the United States by enlistment or draft, or who, sub- 
sequently to the said date, was recalled to such service or 
was continued therein after the termination of a prior enlist- 
ment: 2^'^ovided, that on February third, nineteen hundred p^^^o. 
and seventeen, such soldier, sailor or marine was a resident 
of this commonwealth. The dependent relatives eligible to Dependent 
receive such aid shall be the wife, children under sixteen toSe"^""'" 
years of age, or any child dependent by reason of physical '"'^•e*^'=. 
or mental incapacity, or the dependent parent, brother or 
sister, 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. The allowance authorized by this 
section may continue through the month in which active 
service is terminated by death, discharge or transfer to the 
army or navy reserve force, and for two months thereafter. 

Approved April 30, 1919. 

x\n Act relative to the powers of mutual fire insur- nhr... 140 

ANCE COMPANIES. ^' 

Be it enacted, etc., as folloics: 

Section thirty-two of chapter five hundred and seventy- i907, 576, § 32, 
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-fom* 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, 
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, 
and by chapter eighty-six of the General Acts of nineteen 
hundred and eighteen, is hereby further amended by striking 
out the last paragraph and substituting the following: — A ^"J^uaifire 
mutual fire insurance company authorized to transact the insurance 
kinds of business set forth in clause First of this section may enlarged. 



no General Acts, 1919. — Chap. 141. 

also transact the kinds of business set forth in clause Second 
Proviso. Qf j-j^jg section, provided that for each one hundred thou- 

sand dollars of capital stock, required by section thirty-four 
and the 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 trans- 
acted under the provisions of said second clause shall be sub- 
ject to the provisions of law now or hereafter in force relat- 
ing to the transaction of business by a mutual fire insurance 
company. Approved April 30, 1910. 



Chap. 14:1 An Act relative to the drawing and passing of fraudu- 
lent CHECKS, DRAFTS AND ORDERS. 

Be it enacted, etc., as follows: 

Persona draw- SECTION 1. Any pcrson who, with intent to defraud, 
fraudulent shall make, draw, utter or deliver any check, draft or order 

checks, drafts i>,i ^i" 1.1 j^ii- 

and orders, for the payment ot money upon any bank or other deposi- 
gui?t°y*^f'"' tarj^, with knowledge that the maker or drawer has not suffi- 
larceny. etc. cicut fuuds or Credit at such bank or other depositary for 
the payment of such instrument, although no express repre- 
sentation is made in reference thereto, shall be guilty of 
attempted larceny, and if money or property is obtained 
thereby, shall be guilty of larceny, and shall be punished 
accordingly. 
Certain acts to SECTION 2. As agaiust the maker or drawer thereof, the 
tvidenceof making, drawing, uttering or delivery of a check, draft or 
defraud? order, payment of which is refused by the drawee, shall be 

unless, etc. prima facic evidence of intent to defraud and of knowledge 
of insufficient funds in, or credit with, such bank or other 
depositary, unless the maker or drawer shall have paid the 
drawee thereof the amount due thereon, together with all 
costs and protest fees, within ten days after receiving notice 
that such check, draft or order has not been paid by the 
drawee. 
Word "credit". SECTION 3. The word "credit", as used herein, shall be 
how construed, construcd to mcau an arrangement or understanding with 
the bank or depositary for the payment of such check, draft 
or order. Approved April 30, 1919. 



General Acts, 1919. — Chap. 142. Ill 



An Act relative to the registration of nurses, Chav 142 
Be it enacted, etc., as follows: 

Chapter four hundred and forty-nine of the acts of nine- 1910, 449, § 3, 
teen hundred and ten is hereby amended by striking out '*™e"«i®'*- 
section three and substituting the following: — »S'6'cfio?i 5. F"*""!'^''"? 

mi '11 11 11 111 • • V .' . n'°'' registration 

1 he said board shall hold examinations for registration of "^ "urses. 
nurses in this commonwealth and shall give notice of the 
times, places and subjects of such examinations, by publica- 
tion in one or more newspapers in each county. Application 
for registration shall be made upon blanks to be furnished by 
the board, and shall be signed and sworn to by the applicant. 
An applicant who shall furnish satisfactory proof that he 
or she is at least twenty-one years of age, and of good moral 
character and a graduate of a training school for nurses ap- 
proved by the board, shall, upon payment of a fee of five dol- 
lars, be examined by the said board, and, if found to be 
qualified, shall be registered, with a right to use the title 
Registered Nurse, and shall receive a certificate thereof 
from the board .signed by the chairman and secretary. An Re-examina- 
applicant who fails to pass an examination satisfactory to 
the board, and is therefore refused registration, shall be en- 
titled, within one year after such refusal, to a re-examination 
at a meeting of the board called for the examination of appli- 
cants, without the payment of an additional fee. Every Renev^aiof 
person registered as a nurse under this act who continues to '■''^'^*'"'"'°"- 
hold himself or herself out as a registered nurse shall, on or 
before the thirty-first day of December in each year, renew 
his or her registration for the ensuing year by payment of a 
fee of fifty cents to the said board, and thereupon the board 
shall issue a certificate showing that the holder thereof is 
entitled to practise as a registered nurse for the period covered 
by the said fee. Any person registered under this act who in Forfeiture of 
any year fails at the specified time to renew his or her regis- pfa^ise. 
tration by payment of the said annual fee, shall forfeit the 
right to practise as a registered nurse or to hold himself or 
herself out as such until such payment shall have been made. 
The said board may, after a hearing, by vote of a majority Annulment 
of its members, annul the registration and cancel the cer- don?etc!^'*" 
tificate of any registered nurse; and, without a hearing, may 
annul the registration and cancel the certificate of a registered 
nurse who has been found guilty of a crime. All fees received 
by the board shall be paid monthly by its secretary into the 
treasury of the commonwealth. Approved May 1, 1919. 



112 



General Acts, 1919. — Chaps. 143, 144. 



Pensioning of 
public school 
janitors in cer- 
tain cities and 
towns. 



Chap. 14:3 An Act to provide for the pensioning of public school 

JANITORS IN CERTAIN CITIES AND TOWNS. 

Be it enacted, etc., as foUouis: 

Section 1. The school committee, official, board or 
other body having control of the janitors in the service of 
the public schools in cities and towns which accept this act 
as provided in section three may retire, with an annual 
pension, any janitor in such service who has reached the age 
of sixty years, after completing a service of not less than 
twenty-five years, and who has become physically incapaci- 
tated. The pension shall be equal to one half the compen- 
sation to which the pensioner would have been entitled for 
full employment during the last year of his service, but in 
no case shall it exceed five hundred dollars a year. 

Section 2. The school committee, official, board or 
body having control of the janitors in said service may 
annually allot from the appropriation for the support of the 
public schools, maintenance of school buildings or payment 
of janitors, the amount necessary to pay the pensions hereby 
authorized. 

Section 3. This act shall not apply to the city of Boston, 
but it shall take effect in any other city upon its acceptance 
by the mayor and city council thereof, and it shall take eflfect 
in any town having a population of ten thousand or more, 
according to the state census last preceding its submis- 
sion to the town, upon its acceptance by the voters of the town 
at a town meeting duly called for the purpose. 

Approved May 1, 1919. 



Anniial allot- 
ment from cer- 
tain appropria- 
tions for pay- 
ment of 
pensions. 



Act not to 
apply to city 
of Boston. 
To be sub- 
mitted to 
mayor and 
city council 
of cities and 
to voters of 
certain towns. 



Chap. 144: An Act relative to the form of the bonds required 

OF CERTAIN OFFICIALS AND EMPLOYEES. 

Be it enacted, etc., as follows: 

Chapter two hundred and ninety-four of the General Acts 
of nineteen hundred and eighteen is hereby repealed. All 
officials and employees described in said chapter who at the 
time when it took effect were required to give a separate 
bond shall continue so to do, except as provided in section 
ninety of chapter two hundred and fifty-seven of the General 
Acts of nineteen hundred and eighteen, as affected by chapter 
five of the General Acts of the current year. Any separate 
bond given by any officer or employee of the commonwealth 



1918, 294(G), 
repealed. 
Form of bonds 
required of 
officials and 
employees of 
the common- 
wealth, etc., 
confirmed. 



I 



General Acts, 1919. — Chap. 145. 113 

since the taking effect of said chapter two hundred and 
ninety-four shall be deemed to be in all respects a valid 
obligation from the date of its execution notwithstanding 
anything contained in the said chapter. 

Am^owd May 1, 1919. 



An Act authorizing the commitment of certain persons Qi^ij) 145 

FOR OBSERVATION PENDING DETERMINATION OF THEIR 
INSANITY. 

Be it enacted, etc., as follows: 

Chapter five hundred and four of the acts of nineteen i909, 504, § 43, 
hundred and nine is hereby amended by striking out section '^™^" ' 
forty-three and substituting the following : — Section AS. commitment 

TP • (• 11 1 • • ■t'c 1 • 1 1 °' certain per- 

If a person is round by two physicians qualihed as provided sons for obser- 
in section thirty-two, as amended by chapter sixty-seven of determination 
the General Acts of nineteen hundred and sixteen, to be in fnsanttV. 
such mental condition that his commitment to a hospital 
for the insane is necessary for his proper care or observation, 
he may be committed by any of the judges mentioned in 
section twenty-nine, as amended, to a state hospital for the 
insane, or to the McLean hospital, for a period of thirty- 
five days pending the determination of his insanity. Within Duties of hos- 
thirty days after such commitment the superintendent of fendenTan'd" 
the hospital to which the person has been committed shall ?°Jf^"'°^ 
discharge him if he is not insane, and shall notify the judge 
who committed him, or if he is insane he shall report the 
patient's mental condition to the said judge with the recom- 
mendation that he shall be committed as an insane person, 
or discharged to the care of his guardian, relatives or friends 
if he is harmless and can properly be cared for by them. 
Witliin the said thirty-five days, the committing judge may au- 
thorize a discharge as aforesaid, or he may commit the patient 
to the hospital as an insane person if, in his opinion, such 
commitment is necessary. If, in the opinion of the judge, 
additional medical testimony as to the mental condition of 
the alleged insane person is desirable, he may appoint a 
physician to examine and report thereon. 

Approved May 1, 1919. 



114 



General Acts, 1919. — Chaps. 146, 147. 



Chap. 146 An Act relative to the abatement of legacy and suc- 
cession TAXES AND CORPORATION EXCISE TAXES ILLEGALLY 
EXACTED. 

Be it enacted, etc., as follmos: 

Section 1. In any case where it shall appear that a 
legacy and succession tax or an excise tax upon a corpora- 
tion, foreign or domestic, which has been paid to the com- 
monwealth, was in whole or in part illegally exacted, the 
tax commissioner may, with the approval of the attorney- 
general, issue a certificate that the party aggrieved by such 
exaction is entitled to an abatement, stating the amount of 
such abatement. The treasurer and receiver general shall 
pay the amount thus certified to have been illegally exacted, 
with interest, without any appropriation therefor by the 
general court. 

Section 2. No certificate for the abatement of any tax 
shall be issued under the provisions of this act unless applica- 
tion therefor is made to the tax commissioner within the time 
prescribed by law for beginning legal proceedings to obtain 
a repayment of the tax. The provisions of this act shall be 
construed as in addition to and not in modification of any 
other remedies granted by existing laws. 

Approved May 1, 1919. 



Abatement of 
legacy and 
succession 
taxes and 
corporation 
excise taxes 
illegally 
exacted. 



Payment by 
treasurer and 
receiver 
general. 



Application 
for abatement 
to be made, etc. 



Act, how 
construed. 



Chap.l4:7 An Act to authorize the purchase of historical works 

relative to the service of MASSACHUSETTS VOLUNTEERS 
IN THE EUROPEAN WAR. 

Be it enacted, etc., as follo2Cs: 

Section 1. The provisions of chapter four hundred and 
thirteen of the acts of eighteen hundred and ninety-three, 
entitled "An Act to authorize the purchase of historical 
works relative to the services of Massachusetts volunteers 
during the late civil war", shall apply to histories of organiza- 
tions the major part of which, as determined by the adjutant 
general, were composed of Massachusetts men who served 
in the army and navy in the war between the United States 
and Germany and her allies. 

Section 2. The volumes purchased under this act shall 
be distributed as follows : — One copy to the office of the 
secretary of the commonwealth; one to the office of the ad- 
jutant general; one to the free public library of each city 
and town or to the office of the town clerk of every town which 



Historical 
works relative 
to the service 
of Mas.sachu- 
s; tts men in 
the European 
war to be pur- 
chased by the 
secretary of 
the common- 
wealth. 



Distribution 
of volumes 
purchased. 



General Acts, 1919. — Chaps. 148, 149. 115 

has no free public library; one to the library of each college 
or university in the commonwealth; one to each of such 
historical societies in the commonwealth as may be desig- 
nated by the secretary of the commonwealth; one to the 
library of congress; one to the library of each state and 
territory of the union; ten copies to the state library, and 
the remainder at the discretion of the secretary of the com- 
monwealth, preference to be given by him to free libraries. 

Approved May 1, 1919. 

An Act kelative to actions for the support of minor (J}iqj) 143 

children. ^ * 

Be it enacted, etc., as follows: 

Chapter one hundred and sixty-three of the General Acts 1917, i63 (o. 
of nineteen hundred and seventeen, as amended by section ^**- =*™®°^^'*- 
four hundred and fifty-five of chapter two hundred and fifty- 
seven of the General Acts of nineteen hundred and eighteen, 
is hereby further amended by adding at the end thereof the 
following: — nor shall it be a defence in any criminal prosecu- 
tion or proceeding against a father or mother for failure to 
support his or her minor child or children that a legal guard- 
ian with custody of the child or children has been appointed, 
— so as to read as follows : — In any criminal prosecution Appointment 
or proceeding against a father for failure to support his fin^not to be*^" 
minor children brought in any court whatsoever, it shall not action^'for" 
of itself be a defence that a divorce has been decreed between support of 
the defendant and his wife and that the custody of the chil- children. 
dren has been granted to her, or that such father has ceased 
to have custody of his children on his own acquiescence 
or by judicial action; nor shall it be a defence in any criminal 
prosecution or proceeding against a father or mother for 
failure to support his or her minor child or children that a 
legal guardian with custody of the child or children has been 
appointed. Approved May 1, 1919. 

An Act to require that members of the general court r^i -, ^q 

SHALL be notified OF CERTAIN HEARINGS BEFORE THE ^' 

PUBLIC SERVICE COMMISSION. 

Be it enacted, etc., as folloics: 

^ It shall be the duty of the public service commission to Public service 
give seasonable notice by mail to any member of the general Mti"'me°mbera 
court of any hearing before the commission upon a matter court ofc^r"^' 
affecting the interests of the district represented by him. *'*^° hearings. 

Approved May 1, 1919. 



116 



General Acts, 1919. — Chap. 150. 



Employment 
of veterans in 
the service of 
the common- 
wealth, cities 
or towns. 
Meaning of 
word "veteran". 
ProvisoB. 



Chap.150 An Act relative to the employment of veterans in 

THE SERVICE OF THE COMMONWEALTH, CITIES OR TOWNS. 

Be it enacted, etc., as follows: 

Section 1. The word "veteran" as used in this act shall 
mean any person who has serv^ed in the army, navy or marine 
corps of the United States in time of war or insurrection 
and who has been honorably discharged from such service 
or released from active duty therein, provided that such 
person was a citizen of this commonwealth at the time of 
his induction into such service or has since acquired a settle- 
ment therein; and provided further that any such person 
Avho at the time of entering the said service had declared his 
intention to become a subject or citizen of the United States 
and withdrew such intention under the provisions of the act 
of congress approved July ninth, nineteen hundred and 
eighteen, and any person designated as a conscientious ob- 
jector upon his discharge shall not be deemed to be a "vet- 
eran" within the meaning of this act. 

Section 2. The names of veterans who pass examina- 
tions for appointment to any position classified under the 
civil service shall be placed upon the respective eligible 
lists in the order of their respective standing, above the 
names of all other applicants, and upon receipt of a requisi- 
tion not especially calling for women, names shall be certified 
from such lists according to the method of certification 
prescribed by the civil service rules applying to civilians. 

Section 3. A veteran who registers for employment in 
the labor service of the commonwealth and of the cities 
and towns thereof, if found qualified, shall be placed on the 
eligible list for the class for which he registers ahead of all 
other applicants. The names of eligible veterans shall be 
certified for labor service in preference to other persons 
eligible according to the method of certification prescribed 
by the civil service rules applying to civilians. If, however, 
the appointing officer certifies in the requisition for laborers 
that the work to be performed requires young and vigorous 
men, and, upon investigation, the civil service commission 
is satisfied that such certificate is true, it may fix a limit 
of age and certify only those whose age falls within such 
of'^ete^s'in Hmit. In cities and towns in which the provisions of chapter 
labor service nineteen of the Revised Laws and amendments and the rules 
towns in which crovcming thc civil scrvicc have not been applied to the 

civil service ° ^ 



Names of 
veterans pass- 
ing examina- 
tions to be 
placed upon 
eligible lists 
above the 
names of other 
applicants, etc. 



Veterans regis- 
tering for em- 
ployment in 
labor service 
to be placed 
on eligible list 
ahead of other 
applicants, etc. 



General Acts, 1919. — Chap. 150. 117 

labor service, the selectmen and the city councils shall take rules do not 
any necessary action to secure the employment of veterans servL^etc'^'^ 
in the labor service of their respective cities and towns in 
preference to all other persons except women. 

Section 4. If there is no suitable elierible list from which Provisional 

.» n,, ... . 1 J . . appointments, 

to certity to nil a requisition received by the civil service ^^^" *<* "^ 
commission, it shall authorize the appointing officer to make 
provisional appointment of a veteran, and shall send to the 
appointing officer the names and addresses of veterans 
who have filed applications for the kind of work for which 
requisition is made, and the position shall be filled provi- 
sionally by the appointment of a veteran. If, however, the 
appointing officer cannot find a veteran qualified for the 
position who will accept, he may with the approval of the 
civil service commission, appoint provisionally some other 
person. This section shall not apply to requisitions calling 
for women. 

Section 5. Nothing in this act shall be construed as Not to affect 
affecting the preference given under existing law to veterans giVen'^trdvii 
of the civil war or any promotion under civil service. or'promouSns. 

Section 6. A veteran who is removed, suspended or Remedies in 
lowered in rank or compensation, and a veteran whose office moTOi, suspen- 
or position is abolished shall have the benefit and protection vX'rans ' °^ 
of the provisions of section twenty-three of chapter nineteen 
of the Revised Laws, as amended, and of the provisions of 
chapter two hundred and forty-seven of the General Acts of 
nineteen hundred and eighteen, whether such veteran is 
appointed under the civil service or otherwise, and he may 
pursue his remedy under either or both of said acts. 

Section 7. The provisions of this act shall not apply to Provisions of 

,1 1 • 1 • • 1 act not to 

the removal, suspension, or lowering in rank or compensa- apply to re- 
tion of veterans members of the district police, of the metro- ^w.^etcrof"" 
politan park police, or of the police department of the city ^"J" 
of Boston. Approved May 2, 1919 



certain veteran 
icemen. 



The Commonwealth of Massachusetts, 
• Executive Department, Boston, May 12, 1919. 

I, Calvin Coolidge, hy virtue of and in accordance with the Act declared 
provisions of the Forty-eighth Amendment to the Constitution, f"^"" '"tlT"^ 
"The Referendum II Emergency Measures", do declare that in governor. ° 
my opinion the immediate preservation of the public peace, health, 
safety and convenience requires that the law passed on the second 
day of May, in the year nineteen hundred and nineteen, entitled 
"An Act Relative to the Employment of Veterans in the Service 
of the Commonwealth, Cities or Towns", should take effect forth- 



118 



General Acts, 1919. — Chap. 151. 



with, that it is an emergency law, and that the facts constituting 
the emergency are as follows : — 

Many soldiers, sailors, and marines, having returned to Massa- 
chusetts and being without emplo5^ment, this law should be made 
operative so that positions can be opened to them at once. 

CALVIX COOLIDGE. 



Secretary's 
certificate as to 
filing of the 
governor's 
declaration, 
etc. 



The Commonwealth of Massachusetts, 
Office of the Secretary, Boston, May 12, 1919. 

I hereby certify that the abo\'e statement was filed in this office 
by His Excellency the Governor of the Commonwealth of Massa- 
chusetts at twelve o'clock noon on the above date and in accord- 
ance with Article Forty-eight of the Amendments to the Constitution 
said Chapter takes effect forthwith. 

ALBERT P. LANGTRY, 
Secretary of the Commonwealth. 

Chap. 151 An Act to provide for state and military aid and 
soldiers' relief for persons in the military or naval 

SERVICE OF the UNITED STATES IN THE WAR WITH GER- 
MANY, AND FOR THEIR DEPENDENTS. 

Whereas, The deferred operation of this act would largely 
defeat its purpose to render immediately available to soldiers 
and sailors of the present war, and their dependents, military 
aid and soldiers' relief, therefore, the act is hereby declared 
to be an emergency law, necessary for the immediate preser- 
vation of the public convenience. 



Emergency 
preamble. 



1918, 108 (G), 
§ 2, amended. 



State and 
military aid 
for persons in 
military or 
naval service 
of the United 
States in the 
war with Ger- 
many, and for 
their de- 
pendents. 



Proviso. 



Be it enacted, etc., as follows: 

Section 1. Chapter one hundred and eight of the Gen- 
eral Acts of nineteen hundred and eighteen is hereby amended 
by striking out section two and substituting the following: — 
Section 2. Any person honorably discharged from the mili- 
tary or naval service of the United States, in the war with 
Germany, or released from active duty 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, or 
release from active duty therein, from injuries received or 
disability or illness incurred therein, 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 in being prior to his dis- 



General Acts, 1919. — Chap. 152. 119 

charge, 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 continu- 
ance in the service, since the said February third, shall be 
entitled to the benefit of state aid in accordance with the pro- 
visions of the said chapter five hundred and eighty-seven 
and amendments thereof. 

Section 2. The provisions of said chapter five hundred ^^^^^ 
and eighty-seven and the amendments thereof relative to visions of law 
state and military aid for soldiers, sailors and marines and state and 
their dependents, and to the burial of indigent soldiers, Xaii'rppfy. 
sailors and marines and their dependents, shall apply to all 
soldiers, sailors, marines and nurses who served in the army, 
navy or marine corps of the United States in the war with 
Germany who shall have been honorably discharged from said 
service or released from active duty therein, and to their 
dependents. 

Section 3. The provisions of section eighteen of chapter Soldiers* relief 
seventy-nine of the Revised Laws and acts in amendment r^m^ary^or '" 
thereof providing soldiers' relief for veterans of the civil w'ar "t^c^find ifor"' 
and the Spanish and Philippine wars and persons dependent pendetta 
upon them shall apply also to those who served in the army, 
navy or marine corps of the United States during the present 
war with Germany, and shall have been honorably discharged 
therefrom or released from active duty therein, and to their 
dependents. 

Section 4. The provisions of this act shall not apply to Provisions of 
any person who at the time of entering the federal serv- aMy to° 
ice was a subject or citizen of a neutral country who had filed <'«'^''*"* persona. 
his intention to become a citizen of the United States and 
who afterward withdrew such intention under the provisions 
of the act of congress approved July ninth, nineteen hundred 
and eighteen, nor to any person designated upon his dis- 
charge as a conscientious objector. 

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

Approved May 3, 1919. 

An Act to provide for vacations with pay for cer- fh^^ i 50 

TAIN PERSONS REGULARLY EMPLOYED BY THE COMMON- ^' 

WEALTH. 

Be it enacted, etc., as foilows: 

Section 1. All laborers, workmen and mechanics, who certain 
are within the provisions of chapter four hundred and ninety- m^'^and m'l'-''" 



120 



General Acts, 1919. — Chap. 153. 



chanics regu- 
larly employed 
by the com- 
monwealth to 
have vaca- 
tions with pay. 



Time of taking 
effect. 



four of the acts of nineteen hundred and eleven, and amend- 
ments, and who are permanently in the service or employ 
of the commonwealth, of the metropolitan water and sewer- 
age board or of the metropolitan park commission shall be 
entitled to an annual vacation of not less than twelve work- 
ing days with pay. 

Section 2. This act shall take effect on the first day of 
December, nineteen hundred and nineteen. 

Approved May 3, 1919. 



1911, 236, § 1, 
etc., amended. 



C/iap. 153 An Act relative to the hunting of ruffed grouse, 

WOODCOCK, quail, GRAY SQUIRRELS, HARES AND RABBITS. 

Be it enacted, etc., as folloios: 

Section 1. Section one of chapter two hundred and 
thirty-six of the acts of nineteen hundred and eleven, as 
amended by chapter two hundred and three of the acts of 
nineteen hundred and twelve, and by section one of chapter 
one hundred and seventy of the General Acts of nineteen 
hundred and seventeen, is hereby further amended b}' strik- 
ing out the words "first day of November and the thirtieth", 
in the second and third lines, and substituting the words: — 
twentieth day of October and the twentieth, — by striking 
out all after the word "killed", in the eighth line down to 
and including the word "inclusive", in the eleventh line, 
and by adding at the end thereof the words: — pronided, 
however, that no ruflPed grouse or partridge shall be killed, 
hunted, taken or held in possession before October twen- 
tieth, nineteen hundred and twenty, except as provided in 
section seven of chapter five hundred and sixty-seven of the 
acts of nineteen hundred and twelve, — so as to read as 
follows: — Section 1. It shall be unlawful, excepting only 
between the twentieth day of October and the twentieth 
day of November of each year, both dates inclusive, to hunt, 
pursue, take or kill a ruffed grouse, commonly called par- 
tridge, or a woodcock, or to have the same, or any part thereof, 
in possession, whenever or wherever the same may have been 
taken or killed ; and it shall be unlawful at any time to buy, 
sell, offer for sale, or otherwise dispose of a ruffed grouse 
or woodcock or any part thereof, whenever or wherever the 
same may have been taken or killed; and it shall be unlaw- 
ful at any time to take or send or cause to be taken or trans- 
ported beyond the limits of the commonwealth the above 
named birds, or to have in possession any such bird with 



Open season 
for ruffed 
grouse and 
woodcock. 



General Acts, 1919. — Chap. 153. 121 

intent to take or cause the same to be taken out of the com- 
monwealth: iirovided, however, that no ruffed grouse or Proviso, 
partridge shall be killed, hunted, taken or held in possession 
before October twentieth, nineteen hundred and twenty, 
except as provided in section seven of chapter five hundred 
and sixty-seven of the acts of nineteen hundred and twelve. 

Section 2, Section one of chapter three hundred and eto^'amendk 
fifty-six of the acts of nineteen hundred and eleven, as 
amended by chapter two hundred and seventy of the acts 
of nineteen hundred and twelve, and by section two of said 
chapter one hundred and seventy, is hereby further amended 
by striking out the words "first day of November and the 
thirtieth", in the second line, and substituting the words: — 
twentieth day of October and the twentieth, — by striking 
out the word "hereof", in the sixth, and again in the twelfth 
line, and substituting in each case the words: — of chapter 
five hundred and sixty-seven of the acts of nineteen hundred 
and twelve, — so as to read as follows: — Section 1. It shall f^P®"^^^^"" 
be unlawful excepting only between the twentieth day of 
October and the twentieth day of November of each year, 
both dates inclusive, to hunt, pursue, take or kill a quail, or 
to have the same, or any part thereof, in possession except 
as provided in sections two and three of chapter five hundred 
and sixty-seven of the acts of nineteen hundred and twelve; 
and it shall be unlawful at any time to take or send or cause 
to be taken or transported beyond the limits of the com- 
monwealth a quail which was taken or killed within the 
commonwealth, or to have in possession quail with intent 
to take or cause the same to be taken out of the common- 
wealth, except quail artificially propagated as provided in Exception, 
section two of chapter five hundred and sixty-seven of the 
acts of nineteen hundred and twelve. 

Section 3. Section one of chapter one hundred and Itc.V^endld. 
seventy-two of the acts of nineteen hundred and eleven, as 
amended by chapter two hundred and seventy of the acts 
of nineteen hundred and thirteen, and by section three of 
said chapter one hundred and seventy, is hereby further 
amended by striking out the words "first day of November 
and the thirtieth", in the second and third lines, and sub- 
stituting the words : — twentieth day of October and the 
twentieth, — so as to read as MXov^s: — Section 1. It fofg"|y^'°" 
shall be unlawful except only between the twentieth day of squirrels. 
October and the twentieth day of November of each year, 
both days inclusive, to hunt, take or kill a gray squirrel, or 



122 



General Acts, 1919. — Chap. 154. 



1911, 118, § 1, 
etc., amended. 



Open season 
for hares 
and rabbits. 



Proviso. 



to sell, or offer for sale, or to have in possession for the pur- 
pose of sale, a gray squirrel, wherever taken or killed, or to 
take or kill at any time a gray squirrel by means of a trap, 
net or snare, or for the purpose of killing a gray squirrel to 
construct or vSet a trap, snare or net. 

Section 4. Chapter one hundred and eighteen of the 
acts of nineteen hundred and eleven, as amended by chapter 
one hundred and twenty of the acts of nineteen hundred and 
fourteen, and by section four of said chapter one hundred 
and seventy, is hereby further amended by striking out sec- 
tion one and substituting the following: — Section 1. It 
shall be unlawful, except as provided in chapter one hundred 
and eighteen of the acts of nineteen hundred and eleven, as 
amended by chapter one hundred and twenty of the acts of 
nineteen hundred and fourteen, and by chapter one hundred 
and ninety-six of the General Acts of nineteen hundred and 
seventeen, and by chapter two hundred and twenty-five of 
the said General Acts, to hunt, take or kill a hare or a rabbit 
except only between the twentieth day of October and the 
twenty-eighth day of the following February, both inclusive, 
or to buy or sell or offer for sale a hare or a rabbit taken or 
killed during the closed season in this commonwealth, or 
taken or killed at any time contrary to the laws of any other 
state or country. But any person may buy or sell hares or 
rabbits at any time : provided, that they were not taken or 
killed contrary to the laws of this commonwealth or of any 
other state or country. Approved May 5, 1919. 



1909, 490, 
Part III, § 54, 
etc., amended. 



Chap. 1^4: Ax Act to extend the time for filing returns of taxa- 
ble PROPERTY BY FOREIGN CORPORATIONS. 

Be it enacted, etc., as follows: 

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 hundred and fifteen, by section one of chapter 
eighty-three of the General Acts of nineteen hundred and 
sixteen, by section one of chapter eighty-nine of the Gen- 
eral Acts of nineteen hundred and seventeen, and by chapter 
one hundred and thirty-three of the General Acts of nine- 
teen hundred and eighteen, is hereby further amended by 
striking out the word "annually", in the twenty-first line, 
by striking out the words "April, beginning", in the twenty- 
second line, and inserting in place thereof the word : — 



General Acts, 1919. — Chap. 155. 123 

August, — and by inserting after the word "nineteen", 
in the twenty-second and twenty-third lines, the words: — 
and annually thereafter between the first and tenth days of 
April, — so as to read as follows: — Section 54. Every Annual certifi- 

« • • 1 II 11 •,! • ii • i 1 I'i cate of condition 

foreign corporation shall annually, within thirty days after to be filed 
the date fixed for its annual meeting, or within thirty days cJrf^rations 
after the final adjournment of said meeting, but not more of thrcommon- 
than three months after the date so fixed for said meeting, wealth. 
prepare and file in the office of the secretary of the common- 
wealth, upon payment of the fee provided in section ninety- 
one of chapter four hundred and thirty-seven of the acts 
of the year nineteen hundred and three, a certificate signed 
and sworn to by its president, treasurer, and by a majority 
of its board of directors, showing the amount of its au- 
thorized capital stock, and its assets and liabilities as of a 
date not more than ninety days prior to said annual meet- 
ing, in such form as is required of domestic business corpora- 
tions under the provisions of section forty-five of said chapter, 
and the change or changes, if any, in the other particulars 
included in the certificate required by section sixty of said 
chapter, made since the filing of said certificate or of the last 
annual report. Every foreign corporation which has prop- Annual prop- 
erty within the commonwealth subject to taxation under the to^be filed w["h 
laws thereof, shall between the first and tenth days of August 
in the year nineteen hundred and nineteen, and annually 
thereafter between the first and tenth days of April, prepare 
and file in the office of the tax commissioner a return, in such 
form and with such detail as the tax commissioner may pre- 
scribe, signed and sworn to by its treasurer, showing all its 
property, real and personal subject to local taxation within 
the commonwealth on the first day of April and the location 
and value thereof. Approved May 8, 1919. 

An Act relative to the compensation of the court Chap. 155 

OFFICER OF the LAND COURT SITTING IN THE COUNTY OF 
SUFFOLK. 

Be it enacted, etc., as follows: 

Section 1. Section sixteen of chapter one hundred l^c.^'amenJed*' 
and twenty-eight of the Revised Laws, as amended by chap- 
ter six hundred and ninety-six of the acts of nineteen hun- 
dred and fourteen, is hereby further amended by striking 
out the word "seventeen", in the eleventh line, and sub- 
stituting the word: — nineteen, — so as to read as follows: 



tax commis- 
sioner. 



124 



General Acts, 1919. — Chaps. 156, 157. 



Powers of land 
court to enforce 
its orders, etc. 



Compyensation 
of court officer 
of land court 
sitting in Suf- 
folk county 
increased. 



Time of 
taking effect. 



— Section 16. The land court in all matters over which it 
has jurisdiction may enforce its orders or decrees in the same 
manner as decrees are enforced in equity, and upon request 
of the justices of the land court, the sheriff of any county 
other than Suffolk shall assign a deputy to attend the sittings 
of the court in that county. The justices of the land court 
shall appoint an officer for attendance upon the ses.sions of 
said court in the county of Suffolk. The officer in attendance 
upon said court in the county of Suffolk shall receive in full 
for all services performed by him an annual salary of nine- 
teen hundred dollars, which shall be paid monthly by the 
commonwealth. 

Section 2. This act shall take effect as of the first 
day of July in the current year. 

Approved May 9, 1919. 



Chap.l5Q An Act to authorize the clerks of the superior court 

TO MAINTAIN OFFICES IN CERTAIN CITIES AND TOWNS. 

Be it enacted, etc., as follows: 

The clerks of the superior court may maintain regularly 
established offices in such cities and towns as may be desig- 
nated by the chief justice of the court. 

Approved May 9, 1919. 



Clerks of 
superior court 
may maintain 
offices in 
certain cities 
and towns. 



Chap. 157 An Act to regulate the salaries of engineers, assist- 
ant ENGINEERS AND FIREMEN IN THE PRISON SERVICE OF 
THE COMMONWEALTH. 

Be it enacted, etc., as follows: 

vSection 1. The salaries of the engineers, assistant en- 
gineers and firemen in the service of the commonwealth at 
the state prison, Massachusetts reformatory and the reform- 
atory for women shall be determined in accordance with the 
provisions of chapter two hundred and twenty-eight of the 
General Acts of nineteen hundred and eighteen, not exceeding 
such amounts as the general court may annually appropriate. 

Section 2. Chapter five hundred and eighty-eight of the 
acts of nineteen hundred and twelve, chapter four hundred 
and thirty-six of the acts of nineteen hundred and thirteen 
and chapter two hundred and seventy-eight of the General 
Acts of nineteen hundred and sixteen, and all other acts or 
parts of acts inconsistent herewith, are hereby repealed. 

Approved May 9, 1919. 



Salaries of 
engineers, 
assistant en- 
gineers and 
firemen in 
prison service 
of the com- 
monwealth 
regulated. 



Repeals. 



General Acts, 1919. — Chaps. 158, 159, 160. 125 



An Act relative to the retirement of certain officers Chap. 158 

OF THE COUNTY OF WORCESTER, 

Be it enacted, etc., as follows: 

Officers of the county of Worcester elected by popular Worcester 
vote shall be entitled to membership in the retirement asso- elected by '"''^^ 
eiation of said county, notwithstanding the provisions of eiTiued to '"'^ 
paragraph three of section three of chapter six hundred and county^rltire- 
thirty-four of the acts of nineteen hundred and eleven, and ^^^^ systems. 
all the provisions of said chapter and of acts in amendment 
thereof shall, except as is otherwise provided herein, apply 
to the said officers. Approved May 0, 1919. 



An Act relative to the hours for registration of (jhnr) 159 

VOTERS IN CERTAIN SMALL TOWNS. 

Be it enacted, etc., as follows: 
Section 1. In towns having less than three hundred Hours for 

rcKistrfition oi 

voters it shall be sufficient if, on the last day for registra- voters in cer- 
tion, the registrars of voters are in attendance between two towns. 
and four o'clock in the afternoon and between seven and ten 
o'clock in the evening. 

Section 2. So much of section thirty-six of Part I of ^^p^""^- 
chapter eight hundred and thirty-five of the acts of nine- 
teen hundred and thirteen as is inconsistent herewith is 
hereby repealed. 

Section 3. This act shall take effect on the first day of Jimo for 

-. '1111 taking effect. 

January, nineteen hundred and twenty. 

Approved May 9, 1919. 



An Act for the further regulation of public and z^/,/,^ iaq 
private dances. ^ ' 

Be it enacted, etc., as follows: 

Section 1. It shall be unlawful to darken in whole or Lighting of 
in part the hall, room, piazza, roof garden or other place in et''c"fin°^hfch 
which a public dance is held, or anv stairwav, ante-room pub'icdances 
or passageway connected therewith, during the progress of regulated. 
a dance therein or until all persons, except the proprietor and 
his employees, have withdrawn from the premises. 

Section 2. This act shall apply only to dances in places Dances to 



required to be licensed under the provisions of sections one ^p^l 



ch act 
ies. 



126 



General Acts, 1919. — Chaps. 161, 162. 



Chief of the 
district police 
to prescribe 
regulations 
relative to 
degree of light 
required, etc. 



Penalty. 



hundred and seventy-two and one hundred and seventy-three 
of chapter one hundred and two of the Revised Laws, and 
amendments thereof. 

Section 3. The degree of Hght required in places to 
which this act appUes shall be fixed by regulations to be pre- 
scribed by the chief of the district police, and copies of such 
regulations and of this act shall be conspicuously posted in 
every such place. 

Section 4. Violation of this act shall be punished by a 
fine of not less than one hundred nor more than one thou- 
sand dollars. Approved May 13, 1919. 



Chap.161 An Act to authorize the construction of a main trunk 

- SEWER TO connect THE TOWN OF RE.VDING WITH THE 
NORTH METROPOLITAN SEWEIL\GE SYSTEM. 

Be it enacted, etc., as follows: 

Section two of chapter one hundred and fifty-nine of the 
General Acts of nineteen hundred and sixteen, as amended 
by chapter three of the General Acts of nineteen hundred 
and seventeen, is hereby further amended by inserting after 
the word "sewers", in the fifth line, the words: — and other 
works in and, — so as to read as follows : — Section 2. The 
metropolitan water and sewerage board shall provide an 
outlet at the Reading town line in or near Brook street for 
the sewage of said town, and, acting on behalf of the com- 
monwealth shall construct a main trunk sewer or sewers 
and other works in and through such parts of the towns of 
Reading, Wakefield and Stoneham and the city of Woburn 
from the Reading town line to such point in the north metro- 
politan system as said board may determine to be necessary 
in order to connect with a main trunk sewer in the Mystic 
vallev. Approved May 13, 1919. 



1916, 159 (G), 
§ 2, etc., 
amended. 



Metropolitan 
water and 
sewerage board 
may construct 
sewerage 
works in 
Reading, 
Wakefield, 
Stoneham 
and Woburn. 



Chap.lQ2 An Act to provide for further development of the 

PORT OF BOSTON BY THE COMMISSION ON WATERWAYS 
AND PUBLIC LANDS. 

Be it enacted, etc., as folloivs: 

Commission SECTION 1. The commissiou on waterways and public 

and^'pub™^ lands, for the purpose of improving and developing the port 

makeSpendi- of Boston, may make the following expenditures: For dredg- 

prove wd"" ing and filling upon the property of the commonwealth in 



General Acts, 1919. — Chap. 162. 127 

South Boston and East Boston, the sum of five hundred J^^ of'soston. 
thousand dollars, provided that the amount expended for Proviso, 
this purpose in South Boston shall not exceed the sum of 
two hundred and fifty thousand dollars; for further improve- 
ment and development of the property owned by the com- 
monwealth in East Boston and South Boston and under 
the control of the said commission, the following amounts: 
For railroad connections, railroad tracks and roadways for 
vehicles, one hundred and seventy-five thousand dollars; for 
the extension of Maverick street in East Boston, sixty- 
five thousand dollars; for the extension of the East Boston 
bulkhead, one hundred thousand dollars; for dredging in 
and about minor channels in Boston harbor, as the harbor 
is defined in section four of chapter seven hundred and 
forty-eight of the acts of nineteen hundred and eleven, 
one hundred and eighty thousand dollars; for expenses in 
connection with the taking by the commonwealth of land 
and flats at and near Hajnvards creek in the city of Quincy 
and town of Braintree, and for improvement of the said 
land and flats, one hundred thousand dollars; for mainte- 
nance of commonwealth pier number one at East Boston, 
ten thousand dollars. 

Section 2. In selecting the places for dredging in Bos- cities and 
ton harbor under authority hereof, the general advantage rafs" orappro- 
of the proposed work and the local, municipal or other con- FJrlm^ovt^ 
tributions for the purpose shall duly be considered, and g'os'ton''^ 
authority is hereby given to a city or town to raise money harbor, etc. 
by taxation, or to make appropriations of money, or to as- 
sume liability for damages, for improvements proposed, in 
the manner provided by section three of chapter four hun- 
dred and eighty-one of the acts of nineteen hundred and 
nine. In carrying out the work thus authorized the said ^ay Take"" 
commission may purchase or take, in the name and behalf ^^^f^'^g^,. 
of the commonwealth, and with the approval of the governor 
and council, marsh lands or flats, or may enter into agree- 
ments with the owners thereof for the purpose of reclaiming 
such lands and flats by depositing thereon the material 
dredged by authority of tliis act. The provisions of sections certain pro- 
six and seven of chapter seven hundred and forty-eight of To^ap^piyf ^^"^ 
the acts of nineteen hundred and eleven shall apply to all 
takings hereunder. 

Section 3. The expenditures authorized by this act Appropriation 
shall be paid from the appropriation made in item number expenditures 
three hundred and twenty-nine a of the general appropria- ^ "^ epai . 



128 



General Acts, 1919. — Chaps. 163, 164. 



Emergency 
preamble. 



Certain votes 
taken by 
towns in the 
current year 
validated. 



tion act of the current year for the development of the port 
of Boston. 

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

Approved May 14, 1919. 

Chap. 163 An Act to validate certain votes taken by towns in 

THE current year. 

Whereas, The deferred operation of the following act 
would greatly inconvenience the public in unnecessarily 
postponing needed public improvements; therefore the act 
is declared to be an emergency law as necessary for the im- 
mediate preservation of the public convenience. 

Be it enacted, etc., a^ follows: 

Section 1. Votes taken by towns at their meetings in 
the current year shall be deemed valid if the records thereof 
specify that a two thirds or unanimous vote was obtained, 
notwithstanding the provisions of section three hundred and 
ninety-eight of chapter eight hundred and thirty-five of the 
acts of nineteen hundred and thirteen, as amended by sec- 
tion twenty-five of chapter two hundred and ninety-one of 
the General Acts of nineteen hundred and eighteen, requiring 
a count to be taken in all cases where a two thirds vote is 
required. 

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

Approved May 14, 1919. 

Chap. 164: An Act to validate certain appropriations by cities 
and towns for soldiers' and sailors' memorials. 

Whereas, The deferred operation of this act would tend 
to defeat its purpose which is to give immediate effect to 
the appropriations of cities and towns, hereby validated, 
therefore it is hereby declared to be an emergency law, as 
necessary for the immediate preservation of the public con- 
venience. 

Be it enacted, etc., asfollmvs: 

Section 1. Appropriations made by cities and towns 
for soldiers' and sailors' memorials prior to the passage of 
chapter sixty-one of the General Acts of the current year 
are hereby made valid, provided that they are for the pur- 
poses specified in said chapter sixty-one. 

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

Approved May 14, 1919. 



Emergency 
preamble. 



Certain appro- 
priations by 
cities and 
towns for 
soldiers' and 
sailors' memo- 
rials validated. 
P^viso. 



General Acts, 1919. — Chaps. 165, 166. 129 



An Act to authorize the metropolitan water and Cfiart 165 

SEWERAGE BOARD TO PROVIDE AN ADDITIONAL WATER 
SUPPLY FOR THE TOWN OF MILTON AND THE HYDE PARK 
DISTRICT OF THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Section 1. The metropolitan water and sewerage board Metropolitan 

,, I'l !•! !• water and 

IS hereby authorized to construct a twelve-inch metropohtan sewerage board 
water main in Poplar street, West Roxbury, and under rrfacfiuronai 
Neponset river, to provide an additional supply of water for Tof Miiton^lnd 
Milton and the Hyde Park district of the city of Boston. di&t^of'' 

Section 2. To meet the expenses incurred under the Boston. 
provisions of this act the treasurer and receiver general shall, receiver 
from time to time, issue upon the request of the said board, fs^sue'^bonda^ 
bonds in the name and behalf of the commonwealth, and *'*"' 
under its seal, to an amount not exceeding fourteen thousand 
dollars, in addition to the sum of forty-two million nine 
hundred and thirteen thousand dollars heretofore authorized 
to be issued 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. The bonds 
hereby authorized shall bear such rates of interest as the 
treasurer and receiver general, with the approval of the gov- 
ernor and council, may fix and shall be for terms not exceed- 
ing forty years, as recommended by the governor in his 
message to the general court dated April twenty-fourth, 
nineteen hundred and nineteen, in accordance with section 
three of Article LXII of the amendments to the constitution; 
and the provisions of said chapter four hundred and eighty- 
eight and acts in amendment thereof and in addition thereto 
shall otherwise, so far as they are applicable, apply to the 
indebtedness and proceedings authorized by this act. 

Ay-proved May 14, 1919. 



Chap. 166 



An Act to enable the metropolitan water and sewer- 
age BOARD TO provide AN ADDITIONAL WATER MAIN FOR 
THE SUPPLY OF THE EAST BOSTON DISTRICT OF THE CITY 
OF BOSTON. 

Be it enacted, etc., as follows: 

Section 1. To enable the metropolitan water and sew- Metropolitan 
erage board to construct a thirty-six-inch water main, ^ewme1x.ard 
about eighteen hundred feet in length, to provide an addi- in order to 

J.* 1 1 i< 1 -n T-. !• • I. 1 • provide an 

tionai water supplv tor the hast Boston district of the city additional 

^ water Bupply 



130 



General Acts, 1919. — Chap. 167. 



for the East 
Boston district 
of Boston may 
use certain un- 
axpended 
balance. 



Treasurer and 
receiver 
general may 
issue bonds, 
etc. 



of Boston, the board Is hereby authorized to use the un- 
expended balance of twenty-nine thousand eight hundred 
and twenty dollars and eighty-six cents of the sum au- 
thorized for said purpose by chapter three hundred and 
twent}^-two of the General Acts of nineteen hundred and 
seventeen. 

Section 2. To meet further expenditures to be incurred 
under this act the treasurer and receiver general shall, from 
time to time, issue upon the request of the said board, bonds 
in the name and behalf of the commonwealth, and under its 
seal, to an amount not exceeding eleven thousand dollars, in 
addition to the sum of forty-two million nine hundred and 
thirteen thousand dollars heretofore authorized to be issued 
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. The bonds hereby author- 
ized shall bear such rates of interest as the treasurer and 
receiver general, with the approval of the governor and 
council, may fix and shall be for terms not exceeding forty 
years, as recommended by the governor in his message to 
the general court dated April twenty-fourth, nineteen hun- 
dred and nineteen, in accordance with section three of Article 
LXII of the amendments to the constitution ; and the pro- 
visions of said chapter four hundred and eighty-eight and 
acts in amendment thereof and in addition thereto shall 
otherwise, so far as they are applicable, apply to the in- 
debtedness and proceedings authorized by this act. 

Approved May I4, 1919. 



Chap. 167 An Act to authorize the metropolitan water and 

SEWERAGE BOARD TO PROVIDE AN ADDITIONAL SUPPLY OF 
water for THE TOWN OF LEXINGTON. 



Metropolitan 
water and 
sewerage board 
may provide 
an additional 
water supply 
for town of 
Lexington. 

Board may use 
certain 
unexpended 
balance. 



Be it enacted, etc., as follows: 

Section 1. The metropolitan water and sewerage board 
is hereby authorized to construct a sixteen-inch metropolitan 
water main for a distance of about six thousand feet from the 
standpipe in Arlington to the boundary line between Arling- 
ton and Lexington, 

Section 2. To meet the expenditures to be incurred 
under this act, the said board is authorized to use the un- 
expended balance of fourteen thousand four hundred and 
eight dollars and ninety-two cents of the sum authorized 
by chapter one hundred and seventy-seven of the General 



General Acts, 1919. — Chap. 168. 131 

Acts of nineteen hundred and eighteen, and the treasurer Treasurer and 
and receiver general shall, from time to time, issue, upon the may^slur"^™ 
request of the said board, bonds in the name and behalf of '^"'^^' ®^°' 
the commonwealth, and under its seal, to an amount not 
exceeding forty-two thousand dollars, in addition to the sum 
of forty-two million, nine hundred and thirteen thousand 
dollars heretofore authorized to be issued 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. The bonds hereby authorized shall bear 
such rates of interest as the treasurer and receiver general, 
with the approval of the governor and council, may fix and 
shall be for terms not exceeding forty years, as recommended 
by the governor in his message to "the general court dated 
April twenty-fourth, nineteen hundred and nineteen, in 
accordance with section three of Article LXII of the amend- 
ments to the constitution ; and the provisions of said chapter 
four hundred and eighty-eight, and acts in amendment 
thereof and in addition thereto shall otherwise, so far as they 
are applicable, apply to the indebtedness and proceedings 
authorized by this act. Ajjproved May 14, 1919. 

An Act relative to certain fees of town clerks. Chav 168 

Be it enacted, etc., asfolloics: 

Section 1. Chapter twenty-nine of the Revised Laws r. l. 29. § 27. 
is hereby amended by striking out section twenty-seven, *™^"''®'*- 
and substituting the following : — Section 21. The city Fees of city 
or town clerk shall receive the following fees from the city cilrto°^" 
or town upon presenting to the city or town treasurer a cer- 
tificate of the receipt of the prescribed copies by the secre- 
tary of the commonwealth: For each marriage, fifty cents; 
for each birth, one dollar; for each death returned to him by 
an undertaker or the board of health, fifty cents; for each 
death not so returned but obtained and recorded by him, 
one dollar. He shall also receive from the city or town the 
following fees: For each certificate transmitted under the 
provisions of section thirteen, as amended by section three of 
chapter ninety-three of the acts of nineteen hundred and 
ten, fifty cents; for receiving and recording an affidavit and 
forwarding a copy thereof under the provisions of section 
fourteen, one dollar; for sending the notice required by sec- 
tion twenty-four, fifty cents; for each oath administered in 
his capacity as clerk, twenty-five cents. A city or town 



132 



General Acts, 1919. — Chap. 169. 



Penalty. 



R. L. 204, § 25, 
etc., amended. 



Fees of town 
clerks. 



containing more than ten thousand inhabitants may limit 
the aggregate compensation allowed to its clerk. A city or 
town clerk shall be punished by a fine of not less than twenty 
nor more than one hundred dollars for each refusal or neglect 
to perform any duty required of him by this chapter. 

Section 2. Section twenty-five of chapter two hun- 
dred and four of the Revised Laws, as amended by chapter 
one hundred and twenty-one of the acts of nineteen hun- 
dred and eight, and by section five of chapter seven hundred 
and thirty-six of the acts of nineteen hundred and eleven, is 
hereby further amended by striking out the word "ten", in 
the seventh line, and substituting the word : — twenty-five, — 
so as to read as follows : — Section 25. The fees of town clerks 
shall be as follows : — For entering notice of an intention of 
marriage and issuing the certificate thereof, and for enter- 
ing the certificate of marriage which is filed by persons 
married out of the commonwealth, one dollar, which shall be 
paid by the parties at the time of such entry or filing. For a 
certificate of a birth or death, twenty-five cents. 

Approved May I4, 1919. 



Chap. 169 An Act relative to the department of the treasurer 

AND RECEIVER GENERAL. 

Be it enacted, etc., as folloivs: 

Section 1. Chapter three hundred and thirty-six of 
the acts of nineteen hundred and thirteen, as affected by 
chapter two hundred and thirty-one of the General Acts 
of nineteen hundred and seventeen, is hereby amended 
by striking out section one and substituting the following : — 
Section 1. The treasurer and receiver general may, with the 
consent of the governor and council, appoint, and may for 
cause with such consent remove, a first and a second deputy 
treasurer and receiver general, shall prescribe their respec- 
tive duties, and, with the approval of the governor and coun- 
cil, shall determine their salaries. During the illness, absence 
or other disability of the treasurer and receiver general, his 
official duties shall be performed by the said deputies in the 
order of seniority. 

Section 2. Said chapter three hundred and thirty-six 
is hereby further amended by striking out section two and 
substituting the following: — Section 2. The treasurer and 
receiver general may employ in his department an account- 
ant, a junior accountant, a paying teller, a warrant teller, 



1913, 336, I 1, 
etc., amended. 



First and 
second deputy 
treasurer and 
receiver general, 
appointment, 
etc. 



1913, 336, § 2, 
amended. 



Accountants, 
tellers, clerks, 
messenger, 
stenographers, 
and special 



General Acts, 1919. — Chaps. 170, 171. 133 

an assistant warrant teller, a receiving teller, an assistant di|trict police 

• • II 1 1 1 1 p 1 1 1 officer, employ- 

receiving teller, a bond clerk, a rund clerk, a warrant clerk, a ment of, 

record clerk, a messenger, two stenographers, and such ad- 
ditional clerks as he may find necessary, and may employ 
a suitable person who, upon his written recommendation, 
the governor may from time to time appoint as a special 
district police officer for a term of three years unless sooner 
removed. In employing said person preference shall be Preference 
given to persons who have served in the military or naval v'eteran°s,"etc!'"' 
forces of the United States in time of war and have been 
honorably discharged from such service or released from 
active duty therein. The salaries or compensation payable 
to the said employees shall be determined under the pro- 
visions of chapter two hundred and twenty-eight of the 
General Acts of nineteen hundred and eighteen, subject to 
such appropriations as the general court shall annually make. 

Approved May 15, 1919. 



An Act to establish the salaries of certain employees nhn^ lyn 

OF the county of BRISTOL. ^' 

Be it enacted, etc., as follows: 

Section 1. Janitors of all coimty buildings in the county Janitors of 
of Bristol, other than penal institutions, who have been in i'ngs"in Bristol 
its service for a period less than one year, shall receive from ?han*pen*'a?^'^ 
the county an annual salary of one thousand dollars; for a iaiad^^Sb- 
period of more than one year and less than three years, listed. 
an annual salary of not less than twelve hundred dollars; 
for a period of more than three and less than five years, an 
annual salary of not less than thirteen hundred dollars, and 
for more than five years, an annual salary of not less than 
fourteen hundred dollars. 

Section 2. This act shall take effect as of the first day Time of taking 
of January, in the current year. ®^^*" 

Approved May 15, 1919. 



An Act relative to the granting of soldiers' relief (JJidj) 271 

AND military AID. 

Whereas, The relief and aid provided for by the following Emergency 
act are needed at once, therefore the act is hereby declared p'"®^'"^'° 
to be an emergency measure, necessary for the immediate 
preservation of the public convenience. 



134 



General Acts, 1919. — Chap. 171. 



R. L. 79. § 18. 
etc., amended. 



Eligibility of 
widows and 
dependents to 
receive soldiers' 
relief in certain 
instances, etc. 



Relief, how 
furnished, etc. 



Certain notice 
to be given 
when non- 
residents apply 
for military 
aid or soldiers' 
relief. 



Be it enacted, etc., as follows: 

Section 1. Chapter seventy-nine of the Revised Laws, 
as amended bj^ chapter one hundred and sixteen of the Gen- 
eral Acts of nineteen hundred and sixteen, and as affected 
by chapter fifty-eight of the General Acts of nineteen hun- 
dred and seventeen, is hereby further amended by striking 
out section eighteen and substituting the following: — Sec- 
tion 18. If a person who served in the army or navy of 
the United States in the war of the rebellion and received an 
honorable discharge from all enlistments therein, and who 
has a legal settlement in a cit}- or town in the common- 
wealth, becomes from any cause except his own criminal 
or wilful misconduct, poor and wholly or partly unable to 
provide maintenance for himself, his wife or minor children 
under the age of sixteen years, or for a dependent father 
or mother; or if such person dies leaving a widow or such 
minor children or a dependent father or mother without 
proper means of support, such support as may be necessary 
shall be accorded to him or his said dependents by the city 
or town in which they or any of them have a legal settle- 
ment; but should such person have all the said qualifica- 
tions except settlement, his widow, who has acquired a legal 
settlement in her own right before August the twelfth, 
nineteen hundred and sixteen, which settlement has not 
been defeated or lost, shall also be eligible to receive relief 
under the provisions of this section. Such relief shall be 
furnished by the mayor and aldermen or the selectmen, or, 
in the city of Boston, by the soldiers' relief commissioner, 
subject, however, to the direction of the city council of said 
city as to the amount to be paid. The beneficiary shall 
receive the said relief at home, or at such other place as the 
mayor and aldermen, selectmen or soldiers' relief commis- 
sioner, may deem proper, but he shall not be compelled to 
receive the same at an almshouse or public institution unless 
his physical or mental condition requires, or unless his par- 
ents or guardian so elect, in case he is a minor. 

In all cases where an applicant for military aid or soldiers' 
relief has a settlement outside of the city or town in which 
the application is made, the official required to act thereon 
shall, within three days, notify the corresponding official in 
the city or town of the applicant's settlement, and also the 
commissioner of state aid and pensions. 



General Acts, 1919. — Chap. 172. 135 

Section 2. Chapter one hundred and eight of the Gen- lois, los (co, 
eral Acts of nineteen hundred and eighteen is hereby amended added. 
by inserting after section ten the following new section: — 
Section 11. In all cases where an applicant for military Certain notice 
aid hereunder has a settlement outside of the city or town whennX" 
in which the application is made, the official required to act f^mlutlrTald. 
thereon shall, within three days, notify the corresponding 
official in the city or town of the applicant's settlement, and 
also the commissioner of state aid and pensions. 

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

Approved May 16, 1010. 



An Act to provide for a testimonial to residents of qj^uj yjo 

MASSACHUSETTS WHO SERVED IN THE ARMY OR NAVY DUR- 
ING THE PRESENT WAR. 

Whereas, It is fitting that some certificate or other testi- Emergency 
monial should without delay be given to those soldiers and 
sailors who represented Massachusetts in the present war; 
therefore this act is hereby declared to be an emergency law, 
as necessary for the immediate preservation of the public 
convenience. 

Be it enacted, etc., as follows: 

Section 1. The adjutant general is hereby directed Adjutant 
to prepare a certificate or testimonial to be given to every prepare^acer- 
person who served in the armv or navv or marine corps of tificate or testi- 

1 TT • 1 o 1 • 1 "^ * 1 1 11 1 monial to be 

the United btates durmg the present war and shall have &^^^? 
received an honorable discharge therefrom or a release soldiers, sailors 
from active duty, and who, at the time when he or she was ^" ™»"'^es- 
mustered into the said service, was a resident of this com- 
monwealth, but excluding those who were discharged from 
the service on the ground of dependency prior to November 
eleventh, nineteen hundred and eighteen, or who sought to 
avoid war service because of conscientious objections thereto, 
or because of alienage. In case of the death of any such Heirs, etc., 
person during the war or afterward, the certificate or testi- testii^oniai. 
monial to w^hich he would be entitled shall be delivered to 
his heirs or to such person or persons as the adjutant general 
may deem to be entitled to the same. 
Section 2. This act shall take effect upon its passage. 

Approved May 16, 1019. 



136 



General Acts, 1919. — Chap. 173. 



Chap. 173 An Act relative to the state guard. 

Be it enacted, etc., as follows. ■ 



1917, 148 (G), 
§ 1, etc., 
amended. 



Organization 
of state guard. 



1917, 148 (G), 
§ 2. etc.. 
amended. 



Term of 
Bervice, etc. 



Duties, 
powers, etc. 



Compensation. 



Exemption 
from certain 
liability, etc. 



Section 1. Chapter one hundred and fort\--eight of 
the General Acts of nineteen hundred and seventeen, as 
affected by chapter one hundred and eighty-eight of the 
General Acts of nineteen hundred and eighteen, is hereby 
amended by striking out section one and substituting the 
following: — Section 1. The commander-in-chief may raise 
by voluntary enlistment and organize a state guard from 
citizens of the United States, being inhabitants of this com- 
monwealth, who are not under eighteen years of age. 

Section 2. Said chapter one hundred and forty-eight, 
as amended by section two of said chapter one hundred 
and eighty-eight, is hereby further amended by striking out 
section two and substituting the following: — Section 2. 
The state guard may be of such numerical strength as the 
military council may from time to time by order approve, 
for a period not exceeding one year after the declaration of 
peace, and shall be so organized, maintained, officered, 
armed and equipped, or disbanded from, such service within 
the commonwealth at any time and on such terms as the 
commander-in-chief may from time to time by executive 
order determine. When called for service the state guard 
shall perform such duties as shall be prescribed 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 and watchmen, ex- 
cept 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 com- 
pensation 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 sec- 
tions 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 16, 1919. 



General Acts, 1919. — Chaps. 174, 175. 137 



An Act to enable the metropolitan park commission Chap. 17 4i 
TO make certain improvements not provided for in 
the appropriations for ordinary maintenance ex- 
penses. 

Be it enacted, etc., as follows: 

Section 1. To enable the metropolitan park commis- Metropolitan 

. 1 jj* x'xi j^' 1 park commis- 

sion to make needed improvements in the reservations and aion may 

parkway's under its control which are not provided for in the money t'^o '^*'"" 

appropriations for ordinary maintenance expenses, the com- ments'ln^'^"^^' 

mission may expend a further sum not exceeding thirty-five tfons'anT^"^^^ 

thousand dollars from the Metropolitan Parks Maintenance parkways. 

Fund. 

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

Approved May 20, 1919. 

An Act to provide for the completion by the metro- z^/,^^ -lyc 
politan park commission of boulevards and roadways 
already authorized by law. 

Be it enacted, etc., as folloivs: 

Section 1. For the purpose of completing the con- Metropolitan 
struction of boulevards and reservation roads already au- mTssion m'ay 
thorized by law, work upon which will most conduce to the to romptet"^^ 
employment of labor, or on which substantial progress in construction 
construction has already been made, the metropolitan park boulevards and 
commission may expend the further sum of two hundred 
and fifty thousand dollars, provided that no part of this Proviso. 
sum in excess of fifteen thousand dollars shall be expended 
for the taking or purchase of land, or for the payment of 
land damages, or for construction which will require further 
takings or purchase of land or the payment of land damages. 

Section 2. To meet the expenditures to be incurred treasurer and 

- , . , -^ . receiver general 

under this act, the treasurer and receiver general shall from {"ay issue 
time to time, upon the request of said commission, issue 
bonds in the name and behalf of the commonwealth, and 
under its seal, to an amount not exceeding three hundred 
thousand dollars, in addition to the Metropolitan Parks 
Loan, Series Two. The bonds hereby authorized shall bear 
such rates of interest as the treasurer and receiver general, 
with the approval of the governor and council, may fix, 
shall be for terms not exceeding forty years, as recommended 
by the governor, in his message to the general court dated 



138 General Acts, 1919. — Chaps. 176, 177. 

April twenty-fourth, nineteen hundred and nineteen, in 
accordance with section three of Article LXII of the amend- 
ments to the constitution, and the provisions of chapter two 
hundred and eighty-eight of the acts of eighteen hundred 
and ninety-four, and acts in amendment thereof and in 
addition thereto, shall otherwise, so far as they may be ap- 
plicable and are consistent herewith, apply to the indebted- 
ness and proceedings authorized by this act. 

^Approved May 20, 1919. 



Chav. 17 Q ^^ ^^^ '^^ DISPENSE with a count of the vote in town 

MEETINGS IN CERTAIN CASES. - 

Be it enacted, etc, as follows: 

1913. 835, § 398, Scctiou three hundred and ninety-eight of chapter eight 
e c, amen . j^^j^^^j.^^^ ^j^^j thirty-fivc of the acts of nineteen hundred and 
thirteen, as amended by section twenty-five of chapter two 
hundred and ninety -one of the General Acts of nineteen hun- 
dred and eighteen, is hereby further amended by adding at 
the end of the second paragraph the words: — ; but if the 
vote is unanimous, a count need not be taken and the clerk 
shall record the vote as unanimous, — so that the said 
Count of vote sccond paragraph will read as follows: — If a two thirds 
ing^kpTMed vote of a town meeting is required by statute, the count 
unanimo^'' '^ ^^all be taken, and the vote shall be recorded in the records 
by the clerk; but if the vote is unanimous, a count need not 
be taken, and the clerk shall record the vote as unanimous. 

Approved May 20, 1919. 



Chap 177 -^^ ^^^ RELATIVE TO CLERICAL ASSISTANCE FOR COITNTY 

TREASURERS. 

Be it enacted, etc., as foUo2cs: 

See te^ount Section 1. The county treasurers throughout the com- 
treasurers, monwcalth shall be allowed such clerical assistance with 

compensation, , . i i p ji ^ ^ 

etc. such compensation, payable from the county treasury, as 

shall be approved by the county commissioners of their sev- 
eral counties. 

Repeal. SECTION 2. Scction three of chapter twenty-one of the 

Revised Laws, with the amendments thereof, is hereby 
repealed. Approved May 20, 1919. 



General Acts, 1919. — Chaps. 178, 179. 139 



An Act relative to the issue of county notes in Chap. 178 

ANTICIPATION OF CERTAIN ASSESSMENTS PAYABLE TO THE 
COUNTY. 

Be it enacted, etc., as follows: 

Section thirt\'-nine of chapter twenty-one of the Revised l^c.^'amended. 
Laws, as amended by chapter three hundred and eighty- 
six of the acts of nineteen hundred and fourteen, is hereby 
further amended by adding at the end thereof the following: 
— Notes may also be issued between January first and n®o\"^?n*^°*^"'^^ 
Januarv tenth, in accordance with the foregoing provisions, anticipation 

.' . . „ , , o o r- 1 "■ certain 

m anticipation or assessments pavable to the county by assessments 

. . ^ . J J. J. X • • J payable to 

Cities, towns or corporations, under statutory provisions, and the county. 
unpaid at the end of the preceding fiscal year, in cases in 
which the total cost of the project for which the assessment 
is levied was paid by the county in the first instance. 

Approved May 20, 1919. 



An Act relative to the issuance of search warrants Chav 179 

FOR THE SEIZURE OF FIREARIMS, WEAPONS AND AMMUNITION 
KEPT FOR UNLAWFUL PURPOSES. 

Whereas, The preservation of the public safety and the Emergency 
maintenance of order require the immediate passage and "^^^^ 
taking effect of this act, therefore it is hereby declared to be 
an emergency measure. 

Be it enacted, etc., as follows: 

Section 1. A court or justice authorized to issue war- issue of 
rants in criminal cases may, upon complaint under oath TebSeof ^fire- 
that the complainant believes that an unreasonable number et^^keptTo"^' 
of rifles, shot guns, pistols, revolvers or other dangerous puj.^^' 
weapons, or that an unnecessary quantity of ammunition, is 
kept or concealed for any unlawful purpose in a particular 
house or place, if satisfied that there is reasonable cause for 
such belief, issue a warrant to search for such property. 

Section 2. If the court or justice finds that such prop- Forfeiture and 
erty is kept for an unlawful purpose, it shall be forfeited and sefzeTproperty. 
disposed of as the court or justice may by order direct. 

Section 3. The provisions of sections two to eight, in- certain provi- 
clusive, of chapter two hundred and seventeen of the Revised to apply!'*"' 



140 



General Acts, 1919. — Chaps. 180, 181. 



Laws, and acts in amendment thereof, shall apply to pro- 
ceedings under this act. 
Section 4. This act shall take effect upon its passage. 

Approved May 22, 1919. 



Chap. 180 ^^ Act to prohibit the sale of ammunition to certain 

MINORS. 

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

Section ninety-two of chapter one hundred and two of 
the Revised Laws, as amended by chapter one hundred 
and ninety-nine of the acts of nineteen hundred and nine, 
is hereby further amended by inserting after the word 
"weapon", in the third line, the words: — , or ammuni- 
tion therefor, — so as to read as follows: — Section 92. 
Whoever sells or furnishes to a minor under the age of fifteen 
years any firearms, air guns or other dangerous weapon, or 
ammunition therefor, shall be punished by a fine of not less 
than ten nor more than fifty dollars for each offence; but 
instructors and teachers may furnish military weapons to 
pupils for instruction and drill. 

Approved May 22, 1919. 



R. L. 102, 5 92. 
etc., amended. 



Sale of 
ammunition 
to certain 
minors pro- 
hibited. 



Chav.lSl ^^N Act to establish the salary of the trial justice 

OF THE TOWN OF SAUGUS. 

Be it enacted, etc., as folloivs: 

Section 1. Chapter three hundred and twenty-six of 
the General Acts of nineteen hundred and seventeen, as 
affected by chapter two hundred and forty-five of the 
General Acts of nineteen hundred and eighteen, is hereby 
amended by striking out section ten, and substituting the 
following: — Section 10. The several trial justices in the 
municipalities herein named shall be allowed a salary, to 
be paid by their respective counties, on the basis of the 
following named sums for each year or portion thereof of 
their respective commissions : — Trial justice of the town 
of Ludlow, five hundred dollars; trial justice of the town 
of Hard wick, two hundred and fifty dollars; trial justice of 
the town of Barre, three hundred dollars; trial justice of the 
town of Hudson, five hundred dollars; trial justice of the 
town of Hopkinton, one hundred dollars; trial justice of 
the town of Saugus, one thousand dollars; trial justice of 
the town of Nahant, twelve hundred dollars; trial justice 



1917, 326 (G), 
§ 10, etc., 
amended. 



Salaries of 
certain trial 
justices. 



General Acts, 1919. — Chaps. 182, 183, 184. 141 

of the town of Marblehead, one thousand dollars; trial 
justice of the town of North Andover, three hundred dol- 
lars; trial justice of the town of Andover, five hundred 
dollars and trial justice of the city of Methuen, one thou- 
sand dollars. 
Section 2. This act shall take effect upon its passage. 

Approved May 23, 1919. 

An Act to establish the salary of the matron in the (7/ia».182 

SERGEANT-AT-ARMS' DEPARTMENT AT THE STATE HOUSE. 

Be it enacted, etc., as follows: 

Section 1. The compensation of the matron in the state Matron in state 
house shall be eleven hundred dollars a year. estaT&hed^^ 

Section 2. The increase in salary provided for by this Time of 
act shall not take effect until an appropriation has been ^^ '°^ ^ ^ ' 
made sufficient to cover the same, and then as of the first 
day of June in the current year. 

Approved May 23, 1919. 

An Act to establish the salary of the clerk in charge Chav.l^Z 

OF THE LEGISLATIVE DOCUMENT ROOM. 

Be it enacted, etc., as foUoivs: 

Section 1. The salary of the clerk in charge of the cierk in charge 
legislative document room in the state house shall be eight- docmnent'^^ 
een hundred dollars a year. ^abiishe^d'' 

Section 2, The increase in salary provided for by this Timeoi^ 
act shall not take effect until an appropriation has been 
made sufficient to cover the same, and then as of the first 
day of June in the current year. 

Approved May 23, 1919. 



taking effect. 



C/iap. 184 



An Act to establish the salaries of the court officers 
of the municipal court of the roxbury district of 

THE city of boston. 

Be it enacted, etc., as follows: 

Section 1. The court officers of the municipal court Court officers 
of the Roxbury district of the city of Boston shall each be co.S^t"oTitox- 
allowed by the county of Suffolk an annual salary of nine- of^cfty of"*'* 
teen hundred dollars. MtfbUshld*"^ 

Section 2. This act shall take effect upon its accept- Tobesub- 
ance by the city council of the city of Boston with the ap- wuncu.^^t^'*^ 
proval of the mayor. Approved May 23, 1919. 



142 General Acts 1919 — Chaps. 185, 186, 187. 



Chap. 185 An Act to provide for the testing of poultry for the 

ELIMINATION OF DISEASE. 

Be it enacted, etc., as follows: 

^itry°orthe The department of veterinary science of the experiment 
station at the Massachusetts Agricultural College may 
expend a sum not exceeding two thousand dollars out of 
the appropriation made for the maintenance and current 
expenses of the college, in item numbered four hundred and 
eighty-two of the general appropriation act, for the purpose 
of testing poultry to eliminate disease. The department is 
further authorized to charge a fee not exceeding seven cents 
for each test so made. Approved May 23, 1919. 



elimination of 



C/iap. 186 An Act to establish the salary of the chaplain of the 

STATE prison. 

Be it enacted, etc., as folhics: 

theTtate"^ The salary of the chaplain of the state prison shall be 

prison, salary twcuty-five liuudrcd dollars a year, but the increase in salary 
provided for by this act shall not take effect until an appro- 
priation has been made sufficient to cover the same, and then 
as of the first day of June in the current year. 

Approved May 23, 1919. 

Chap.lS7 An Act to provide for the preparation and distribu- 
tion TO THE VOTERS OF ARGUMENTS RELATLVTE TO MEAS- 
URES SUBMITTED UNDER THE INITIATIVE AND REFERENDUM. 

Be it enacted, etc., as folloivs: 

^if^eto* Section 1. The election commissioners in the city of 

measures Bostou at Icast twcutv-four davs, and the registrars of voters 

submittea . , .", '' . . \ ip i 

under the m cvcry othcr city and town at least sixty days, before the 
referendum to anuual statc elcctiou, shall cause to be sent to the secretary 
and'"di^trfbuted of the commouwcalth mailing lists of the voters whose 
to voters. namcs appear on the latest revised voting lists of their respec- 

tive cities and towns, and shall promptly furnish the sec- 
retary with subsequent additions to and corrections in the 
said lists. The secretary of the commonwealth shall cause 
to be printed in type of a size not less than ten-point and 
sent to each person whose name appears upon the said lists, 
with copies of the measures to which they refer, arguments 
for and against measures to be submitted to the people under 



General Acts, 1919. — Chap. 188. 143 

the provisions of the forty-eighth article of the amendments 
to the constitution, provided that the arguments are filed Proviso, 
with him as hereinafter provided. 
Section 2. The first ten signers of an initiative or referen- Certain signers 

, , '^ ^ r>^ initiative and 

dum petition, or a majority of them, may prepare and file referendum 
with the secretary of the commonwealth, not later than ten prepare and 
days after the petition is completed and filed with the secre- etc."'^^"'"*'" ^' 
tary in case of a law, and not later than ten days after final 
legislative action and certification to the secretary in case of 
a constitutional amendment, a written argument containing 
not more than five hundred words. If such written argu- Contrary 
ment is filed with the secretary he shall cause to be prepared be prepared 
by a registered voter of the commonwealth and filed with 
him, within such time as he may designate, a contrary written 
argument of the same maximum length. All arguments 
filed with the secretary under the provisions of this act shall 
be open to public inspection. 

Section 3. The words "annual state election", as used words "annual 
in section one, shall, after the taking effect of the constitu- when to refer 
tional amendment providing for biennial state elections, state^eiection* 
refer to the biennial state election. 

Approved May 27, 1919. 

An Act relative to the wrongful retention or dis- Chav.l^S 

POSITION BY carriers OF SUMS RECEIVED FROM CON- 
SIGNEES. 

Be it enacted, etc., as follows: 

Whoever being engaged in the business of transporting Carriers 
merchandise, parcels or other property for hire accepts from retaining or 
a consignor or his agent or from a connecting carrier any sriJ^^rTcMved 
merchandise, parcel or other property for delivery to a con- [^"^e Slemld*^* 
signee upon payment by the consignee of an amount of f^fce^yf ^tc 
money for said merchandise, parcel or other property and 
who embezzles or fraudulently converts to his own use, or 
with intent to use or embezzle, takes, secretes, or otherwise 
disposes of, or fraudulently withholds, appropriates, lends, 
invests or otherwise uses or applies such money in whole 
or in part or any substitute therefor received by him from 
such consignee contrary to the instructions or without the 
consent of the consignor, shall be deemed guilty of larceny. 
A member or employee of a co-partnership, or an officer or 
employee of a corporation, engaged in said business of trans- 
porting merchandise, parcels or other property for hire, who 



144 



General Acts, 1919. — Chaps. 189, 190. 



so disposes of such mone;N' in whole or in part or any sub- 
stitute therefor for his own use or for the use of said co- 
partnership or corporation, contrary to the instructions or 
without the consent of the consignor, shall be deemed guilty 
of larceny. Approved May 27, 1919. 



Chap.189 An Act to require the display of the national flag 

IN courts of justice. 

Be it enacted, etc., as folio ws: 

t^^bnfspkyed The national flag of suitable dimensions shall be displayed 
in raurta of {^i cvcrv court of iustice of this commonwealth while the 

justice. . "^ . .J 1 Ttr 

court IS m session. Approved May 27, 1919. 



Chap. 190 An Act relative to the duties and expenses of the 
commissioner of state aid and pensions. 



Emergency 
preamble. 



1914, 587, 5 1, 
etc., amended. 



Commissioner 
of state aid 
and pensions, 
duties, etc. 



Whereas, The deferred operation of this act would tend to 
defeat its purpose, the efficient administration of the office 
of commissioner of state aid and pensions requiring its im- 
mediate operation, therefore the same is hereby declared 
to be an emergency law, necessary for the immediate preser- 
vation of the public convenience. 

Be it enacted, etc., as follows: 

Section 1. Chapter five hundred and eighty-seven of 
the acts of nineteen hundred and fourteen, as amended by 
chapter one hundred and sixty-four of the General Acts of 
nineteen hundred and eighteen, is hereby further amended by 
striking out section one and substituting the following : — 
Section 1. The commissioner of state aid and pensions, 
appointed under the provisions of chapter one hundred and 
ninety-two of the acts of nineteen 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 payments 
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 common- 
wealth 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 



General Acts, 1919. — Chap. 191. 145 

performance of his duties such sums 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 deputv commissioner appointed Deputy com- 

,, .. c'li 1 . missioner, 

under the provisions or said chapter one hundred and ninety- duties, etc. 
two shall be subject to the direction and control of the com- 
missioner. In case the commissioner is temporarily absent 
or unable from any cause to perforin the duties of his office, 
the deputy shall perform the duties of the commissioner until 
such absence or disability ceases. The commissioner shall Salaries. 
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, cierks, agents, 
with the approval of the governor and council, appoint a Lent?^ararie's, 
chief clerk and not exceeding five other clerks and stenog- ®'*'" 
raphers, and twelve agents. The salaries of said chief clerk, 
clerks, stenographers and agents shall be fixed in accordance 
with the provisions of chapter two hundred and twenty-eight 
of the General Acts of nineteen hundred and eighteen and 
within the limit of the amount annually appropriated by the 
general court. 

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

Approved May 28, 1919. 

An Act to prev^ent the promotion of anarchy. C/iap.l91 

Whereas, There is now in this commonwealth a consider- Emergency 
able number of persons, mainly non-residents, who are '^^'^^^ 
striving to promote anarchy in the community and who are 
inciting others to acts of violence with a ^'iew to the over- 
throw of all government; and 

Whereas, Legislation is necessary to provide for the prompt 
repression of these attempts; therefore this act is hereby 
declared to be an emergency law, necessary for the immedi- 
ate preservation of the public safety. 

Be it enacted, etc., as follows: 

Section 1 . Any person who shall by speech or by ex- Promotion of 
hibition, distribution or promulgation of any written or pun^ishment 
printed document, paper or pictorial representation, advo- ^°''- 
cate, advise, counsel or incite, assault upon any public official 



146 



General Acts, 1919. — Chap, 192. 



Proviso. 



Certain per- 
sons may be 
arrested with- 
out a warrant. 



or the killing of any person or the unlawful destruction of 
real or personal property or the overthrow by force or violence 
of the government of the commonwealth, shall be punished 
by a fine of not more than one thousand dollars or by im- 
prisonment for a term of not more than three years or by 
both such fine and imprisonment: provided, however, that 
this act shall not be construed as reducing the penalty now 
imposed for the violation of any law. 

Section 2. Any person apprehended by a sheriff, dep- 
uty sheriff, constable or police officer in the violation of any 
provisions of this act may be arrested without a warrant. 

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

Approved May 28, 1919. 



Soldiers' 
Memorial Com- 
mission, 
appointment, 
membership, 
term of office, 
etc. 



Chap.192 An Act providing for the appointment of a soldiers' 

MEMORIAL COMMISSION AND FOR THE CONSTRUCTION OF A 
BUILDING IN MEMORY OF MASSACHUSETTS SOLDIERS AND 
SAILORS. 

Be it enacted, etc., as follows: 

Section 1. The governor, with the advice and consent 
of the council, is hereby authorized and requested to appoint 
a commission of seven persons, to be known as the Soldiers' 
Memorial Commission. Three members of the commission 
shall be members of the grand army of the republic, two 
shall be veterans of the war with Germany, and two shall 
be veterans of the Spanish war. Their term of office shall be 
three years, but any member may be removed at any time 
by the governor. The governor shall designate one member 
to act as chairman, and the members of the commission shall 
elect one of their number as secretary. The commission 
shall serve without compensation, but shall be allowed such 
sums for its necessary expenses as shall be approved by the 
governor and council. It shall be the dut}^ of the commission 
to select a site for a building to be erected in the city of 
Boston as a memorial for all inhabitants of Massachusetts 
who have served in the army or navy of the United States 
in time of war, to choose a plan for the said building, after 
a competition open to all architects in the United States, and 
to supervise the construction of the building and the laying 
out of the grounds appurtenant thereto. The selection of the 
site and of the plan for the building shall also be subject to 
approval by the governor and council. 



Duties. 



General Acts, 1919. — Chap. 193. 147 

Section 2. The Grand Army Memorial Building Asso- Grand Army 
ciation, incorporated by chapter three hundred and twenty- BuiTdTng' 
six of the Special Acts of nineteen hundred and sixteen, is maTcofS 
hereby authorized to collect money for the purchase of a ^^^^y- ^'•=- 
site and for the construction thereon of the said building. 
The money so collected shall be paid to the treasurer and 
receiver general, and shall be held and invested by him in 
accordance with the laws regulating investments by savings 
banks. The fund shall be known as the Soldiers' Memorial ??'^''"'?', 

T) •! T "n 1 1 1 1 ■ • Memorial 

Buildnig rund, and the treasurer and receiver general is BuiWing Fund. 
hereby authorized to receive contributions and bequests to 
the said fund from any source. When the said fund amounts 
to five hundred thousand dollars, the commission hereby 
established shall procure a site for the said building and shall, 
as soon as is practicable, begin the construction thereof. 

Approved May 28, 1919. 

An Act relative to the specifications to be furnished (jhnr) 193 

TO CERTAIN OPERATIVES IN TEXTILE FACTORIES. 

Be it enacted, etc., as follows: 

Section 1. Section one hundred and sixteen of chapter i909, sh, § iie, 
five hundred and fourteen of the acts of nineteen hundred ^^"^ ^"'^'"^^'^■ 
and nine, as amended by chapter two hundred and sixty- 
three of the acts of nineteen hundred and eleven, is hereby 
further amended by adding at the end thereof the following: 
— The said specifications shall also contain a detailed 
schedule of the method of computation of the price of cotton 
or silk or mixed cotton and silk weaving paid by the said 
occupier or manager, and no particular in the specifications 
shall be expressed by means of symbols, but every partic- 
ular shall be sufficiently clear and complete as to enable the 
operative to determine readily the price payable for the cut 
or piece, — so as to read as follows: — Sectimi IIG. The Specifications 
occupier or manager of every tex-tile factory shall post in compensation 
every room where any employees work by the job, in legible In certL^n '^'^ 
writing or printing, and in sufficient numbers to be easily 
accessible to such employees, specifications of the char- 
acter of each kind of work to be done by them, and the rate 
of compensation. Such specifications in the case of weaving 
rooms shall state the intended and maximum length of a 
cut or piece, the count per inch of reed, and the number of 
picks per inch, width of loom, width of cloth woven in the 
loom, and the price per cut or piece, or per pound; or, if 



textile factories. 



148 



General Acts, 1919. — Chap. 194. 



Particulars 
not to be ex- 
pressed by 
symbols, etc. 



Penalties. 



payment is made per pick or per yard, the price per pick or 
per yard; and each warp shall bear a designating ticket or 
mark of identification. In roving or spinning rooms, the 
number of roving or yarn and the price per hank for each 
size of machine shall be stated; and each machine shall bear 
a ticket stating the number of the roving or yarn made upon 
it. The maximum length of a cut or piece shall not exceed 
three per cent of its intended length; but if it appears that 
a variation in excess of the amount hereinbefore set forth 
has been caused in whole or in part by any weaver in the 
employ of any person charged with the violation of this act, 
this shall be deemed a sufficient defence to a prosecution. 
The said specifications shall also contain a detailed schedule 
of the method of computation of the price of cotton or silk 
or mixed cotton and silk weaving paid by the said occupier 
or manager, and no particular in the specifications shall be 
expressed by means of symbols, but every particular shall be 
sufficiently clear and complete as to enable the operative to 
determine readily the price payable for the cut or piece. 

Section 2. Violation of any provision of said section 
one hundred and sixteen shall be punished by a fine of one 
hundred dollars for the first offence, of two hundred dollars 
for the second offence, and of five hundred dollars and im- 
prisonment for a period not exceeding thirty days, or by 
both such fine and imprisonment at the discretion of the 
court, for the third offence. Approved May 29, 1919. 



1911, 121, § 2, 
amended. 



C/iap. 194 An Act relative to naming co-respondents in libels 

FOR divorce for ADULTERY. 

Be it enacted, etc., as follows: 

Section two of chapter one hundred and twenty-one of 
the acts of nineteen hundred and eleven is hereby amended 
by adding at the end thereof the following: — If the amend- 
ment is allowed upon affidavits, the affidavits shall be re- 
tained by the court and placed in the custody of the clerk 
of the court for the county in which the divorce proceedings 
are brought, and shall be open for the purposes of inspection, 
and taking copies thereof, to the counsel of record, or the 
libellee or any or all co-respondents named in the amended 
Affidavits^ ^^ libel, — so as to read as follows: — Section 2. The evidence 
respondents in produccd at such cx parte hearings shall not be reported or 
divorce°for made a part of the record in the case and the motion for 



General Acts, 1919. — Chap. 195. 149 

said amendment shall not be read to the court din*ing the adultery, cus; 
divorce proceedings, but the clerk of the court shall make of, ^^•^.'"''P®''^'°" 
an entry in the docket of "Motion to insert name of co- 
respondent allowed", or "Motion to insert name of co- 
respondent denied", as the case may be. If the amendment 
is allowed upon affidavits, the affidavits shall be retained 
by the court and placed in the custody of the clerk of the 
court for the county in which the divorce proceedings are 
brought, and shall be open for the purposes of inspection, 
and taking copies thereof, to the counsel of record, or the 
libellee or any or all co-respondents named in the amended 
libel. Approved May 29, 1919. 



An Act to provide for the regulation and licensing r*/,^^ iqc 

OF DAY nurseries. ^' 

Be it enacted, etc., as follows: 

Section 1. For the purposes of this act, a day nursery "Day nursery," 
is defined to be any institution, establishment or place in *®™ ^®s°^- 
which are commonly received at one time three or more 
children not of common parentage, under the age of four- 
teen years, for a period or periods exceeding four but not 
exceeding twelve hours, for the purpose of nursing and care 
apart from their parents or guardians, irrespective of com- 
pensation or reward. 

Section 2. No person, firm, association or corporation Licenses for 
shall conduct a day nursery without receiving a license from ciay^nSrsefies, 
the local board of health. An application therefor shall be applications 

. ' ^ . for, granting 

m a form prescribed by the said board, and shall be uniform "f- etc 
for all day nurseries within the board's jurisdiction. There 
shall be attached to the application a statement, sworn to 
by the applicant, or by an officer thereof duly authorized 
thereto, containing such information as may be required by 
the board. If, in the judgment of the said board, the said 
statement or any other evidence submitted in relation to 
the application indicates that the operation of the pro- 
posed day nursery will be for the public benefit and welfare, 
a license, in such form as the board may prescribe, shall be 
issued to the applicant. All licenses shall expire at the end Licenses, date 

„, . . '■ ^ . I'll • 11 1° expiration, 

ot the calendar year in which they are issued, but may be renewal, fees, 
renewed annually on application as provided for their in- 
itial issue. No license shall be transferred except with the 
approval of the said board. For the issue or renewal of 



150 



General Acts, 1919. — Chap. 195. 



Rules and 
regulations to 
be made by 
local boards of 
health, etc. 



Nurseries to be 
visited and 
inspected. 



Revocation of 
licenses. 



Certain day 
nurseries may 
continue in 
operation 
temporarily 
without a 
license, etc. 



Inspection, 
when to be 
made. 



Penalty. 



Local boards 
of health may 
order certain 
nurseries to 
close. 



each license, a fee of one dollar shall be charged. All fees 
shall be paid into the treasury of the city or town in which 
the nursery is situated. 

Section 3. The local boards of health shall make rules 
and regulations, and may revise or change the same in ac- 
cordance with which day nurseries shall be licensed and con- 
ducted; and failure to comply with any such rule or regula- 
tion shall be sufficient cause for revocation of the license in 
the manner provided in the following section. 

Section 4. The local board of health by its authorized 
agents shall have authority to visit and inspect any day 
nursery at any time in order to ascertain whether it is li- 
censed and conducted in compliance with law, including 
the provisions of this act, and with the rules and regulations 
established hereunder. Every day nursery shall so be visited 
and inspected at least once in each year. After thirty days' 
notice to a licensed day nursery and opportunity to be heard, 
the local board of health may, if in its judgment the public 
interest so demands, revoke the license of the nursery. 
Every day nursery shall furnish to the said board such re- 
ports, information and other data as it may require. 

Section 5. Day nurseries legally incorporated or in op- 
eration in this commonwealth at the date of the taking 
effect of this act, shall, on furnishing the statement or other 
information required under section two of applicants for 
licenses, be permitted to continue in operation for the re- 
mainder of the calendar year without securing a license 
under this act. The said local boards are hereby directed 
to cause an inspection to be made, prior to the thirty-first 
day of December in the current year, of all day nurseries 
in their respective municipalities. 

Section 6. Except as provided in section five, any per- 
son, firm, association or corporation which establishes, con- 
ducts, manages or maintains a day nursery without first 
having obtained a license therefor, or after the revocation 
of the license, or in violation of any provision of this act, or 
regulation made hereunder, and any person, firm, associa- 
tion or corporation which violates any pro\'ision of this 
act or any regulation made hereunder, shall be punished by a 
fine of not less than ten nor more than two hundred dollars 
for each offence. If any person, firm, association or corpora- 
tion conducting a day nursery shall be found guilty of a viola- 
tion of any provision of this act or of any such regulation, 
ill any particular relating to the safety of or the accommoda- 



General Acts, 1919. — Chaps. 196, 197. 151 

tions for the children, it shall be the duty of the local board 
of health to issue an order directing that such nursery be 
closed, and remain closed until such provision or regulation 
has been complied with. 

Section 7. The provisions of this act shall not apply to Act not to 
day nurseries conducted by the commonwealth or by any certam^day 
city or town thereof. Approved May 29, 1919. ' "'^'•««"^- 

An Act to forbid the paid employment of certain state CJkxt) 196 
officials or employees as to questions submitted 
to the voters. 

Be it enacted, etc., as follows: 

Section 1. It shall be unlawful for a member of the gen- Paid empioy- 
eral court, or any paid official or employee of the common- ^1^ offidlk'" 
wealth, to promote or oppose for a valuable consideration, ^t^qu'S^na 
the acceptance by the voters of anv political subdivision submitted to 

"^ votGrs ior~ 

of the commonwealth of any law conditioned to take effect bidden. 
therein upon such acceptance, or of any law or proposition 
for a law or constitutional amendment submitted under 
the provisions of the forty-eighth amendment to the consti- 
tution, or an expression of opinion by the voters on ques- 
tions of public policy. 

Section 2. Any person taking or giving employment in Penalty. 
violation of the provisions of section one shall be punished 
by a fine not exceeding one thousand dollars, or by impris- 
onment for a term not exceeding one year, or by both such 
fine and imprisonment. 

Section 3. Valuable consideration as used in this act Term "valuable 
shall not be construed to mean reimbursement for expenses how 'construed! 
actually incurred. Approved May 29, 1919. 

An Act increasing the minimum and maximum weekly Qhnr) 197 

COMPENSATION FOR TOTAL INCAPACITY PAYABLE TO IN- 
JURED EMPLOYEES. 

Be it enacted, etc., as follows: 

Section nine of Part II of chapter seven hundred and fifty- 1911, 751. Part 
one of the acts of nineteen hundred and eleven, as amended imJnded.*'' 
by section four of chapter seven hundred and eight of the 
acts of nineteen hundred and fourteen, by section one of 
chapter two hundred and forty-nine of the General Acts of 
nineteen hundred and seventeen, and by chapter one hun- 
dred and thirteen of the General Acts of nineteen hundred 



152 General Acts, 1919. — Chaps. 198, 199. 

and eighteen, is hereby further amended by striking out the 

word "fourteen", in the fourth Hne, and substituting the 

word: — sixteen, — and by striking out the word "five", 

in the fifth fine, and substituting the word : — seven, — so 

Minimum and as to Tcad as follows: — SectioTi 9. While the incapacity 

wSlhJ^TOm- for work resulting from the injury is total, the association 

fotaTiJTcaJacity shall pay the injured employee a weekly compensation 

n?j^ed em- equal to sixty-six and two thirds per cent of his average 

pioyees wccklv wagcs, but uot morc than sixteen dollars nor less 

increased. i o ' ^ i i • i 

than seven dollars a week; and ni no case shall the period 
covered by such compensation be greater than five hundred 
weeks, nor the amount more than four thousand dollars. 

Approved May 29, 1919. 



Chap. 198 An Act providing for the admissibility of copies of 

CERTAIN HOSPITAL RECORDS AS EVIDENCE BEFORE THE 
INDUSTRIAL ACCIDENT BOARD. 

Be it enacted, etc., asfolloics: 

iii^'nlw'seeuon ^^^t III of chapter seven hundred and fiftj'-one of the 
adjed. ^cts of nineteen hundred and eleven is hereby amended by 

inserting after section eighteen the following new section: 
Copies of — Section 19. Copies of hospital records kept in accord- 

reTOr'cS to'1)^**'* ance with the provisions of chapter three hundred and thirty 
evidence'blfore of thc acts of nineteen hundred and five, as amended by 
accident boafd chaptcr two hundred and sixty-nine of the acts of nineteen 
hundred and eight, and of chapter four hundred and forty- 
two of the acts of nineteen hundred and twelve, certified by 
the persons in custody thereof to be true and complete, 
shall be admissible in evidence in proceedings before the 
industrial accident board, or any member thereof. The 
board, or any member, in its or his discretion, before admit- 
ting any such copy in evidence, may require the party offering 
the same to produce the original record. 

Approved May 29, 1919. 



Chap. 199 An Act relative to the management of the state farm 

AT BRIDGEWATER AND TO THE RELEASE OF INMATES 

therefrom. 
Be it enacted, etc., as follows: 
Management Section 1. All thc rights, powcrs, dutics and obliga- 

furm at Bridge- tions confcrrcd or imposed bv law on the state board of 

water trans- ^ " 



General Acts, 1919. — Chap. 200. 153 

charity and the board of trustees of the state infirmary and dTrectorVf^^ 

the state farm as to the management and control of the bu^gf'^^J,'!®''*^*^ 

state farm at Bridgewater are hereby transferred to the prisons. 

director of the Massachusetts bureau of prisons, who shall 

be the lawful successor of the said boards in so far as they 

are concerned with the management and control of the state 

farm. 

Section 2, Those persons now under sentence at the Release of 
state farm and those sentenced thereto after the taking the state farm 
eflFect of this act may be released by the board of parole of pLoie%1,c°^ 
the said bureau, which shall succeed to the duties and powers 
of the state board of charity in so far as they relate to the 
granting of permits to be at liberty and to the revocation of 
such permits. When the board of parole has granted or 
revoked any such permit it shall notify the director of prisons, 
who shall thereupon issue such permit, or, in the case of a 
revocation of a permit, shall issue an order for the arrest and 
return of the person whose permit has been revoked. 

Approved May 29, 1919. 

An Act to provide for a bounty on seals. Chap. 200 

Be it enacted, etc., as folloivs: 
Section 1. A bounty of two dollars shall be paid to Bounty to be 

1 1 'ii ' 1 • j1 • ixi paid to persons 

CA-ery person who kills a seal in this commonwealth pro- killing seals. 
vided that within ten days thereafter he exhibits to the ^^' 
treasurer of any city or town the whole skin of the seal, 
with the nose in the same condition as at the time of the 
killing, and signs and makes oath to a certificate stating 
that he killed the seal, that it was killed in this common- 
wealth, and giving the date and place of the killing. The 
treasurer shall thereupon cause to be cut off and burned 
the nose of the seal, wholly destroying it, and shall pay the 
said bounty, taking the claimant's receipt therefor. He 
shall then forward to the treasurer and receiver general 
the certificate aforesaid with a statement that he has paid 
the said bounty in accordance herewith, and that the claim- 
ant personally appeared before him and made oath as afore- 
said. The treasurer and receiver general shall then pay to 
the city or town treasurer the sum of two and one half dol- 
lars, of which sum fifty cents shall be retained by the city 
or town treasurer as a fee for his services hereunder. 

Section 2. Any person who shall obtain the bounty Penalty. 
herein provided for by a false representation, and any per- 



154 



General Acts, 1919. — Chaps. 201, 202. 



son who brings into the commonwealth a seal, whether dead 
or alive which was not taken or killed in this commonwealth 
or in the waters thereof, for the purpose of obtaining the 
said bounty, shall be punished by a fine of not less than fifty 
nor more than five hundred dollars. 

Approved May 29, 1919. 



Chap.20l An Act to establish the salaries of the assistant 

ENGINEERS, FIREMEN AND HELPERS EMPLOYED IN THE 
STATE HOUSE. 

Be it enacted, etc., as follows: 

Section 1. The following employees in the department 
of the sergeant-at-arms at the state house shall receive 
annual salaries as follows: — Assistant engineers, eighteen 
hundred and twenty dollars each; firemen, fourteen hun- 
dred and fifty-six dollars each; the helper to the steam 
fitter fourteen hundred dollars; and all other helpers not 
exceeding twelve hundred dollars each. 

Section 2. Chapters two hundred and fifty-four, two 
hundred and fifty-five and two hundred and sixty-seven of 
the General Acts of nineteen hundred and sixteen are hereby 
repealed, and so much of any other act as is inconsistent 
herewith, shall not apply to the subject-matter hereof. 

Section 3, The increases in salary provided for by this 
act shall not take effect until an appropriation has been made 
sufficient to cover the same, and then as of the first day of 
June in the current year. Approved May 29, 1919. 



Assistant 
engineers, fire- 
men and 
helpers 
employed in 
state house, 
salaries estab- 
lished. 



Repeals. 



Time of taking 
effect. 



Chap. 202 An Act to establish the compensation of the watch- 
men AND assistant WATCHMEN AT THE STATE HOUSE. 

Be it enacted, etc., as folloivs: 

Section 1. The annual compensation of watchmen in 
the state house shall be fifteen hundred dollars each, and that 
of the assistant watchmen, including the temporary watch- 
men appointed under chapter eighty-four of the General 
Acts of nineteen hundred and eighteen, in the state house 
shall be fourteen hundred dollars each. 

Section 2. The increases in salary provided for by this 
act shall not take effect until an appropriation has been made 
sufficient to cover the same, and then as of the first day of 
June in tlie current year. Approved May 29, 1919. 



Watchmen 
and assistant 
watchmen at 
state house, 
compensation 
established. 



Time of taking 
effect. 



General Acts, 1919. — Chaps. 203, 204, 205. 155 



An Act to establish the compensation of the elevator Chav. 20^ 

OPERATORS IN THE STATE HOUSE. 

Be it enacted, etc., as f allows. • 

Section 1. The annual compensation of each elevator Elevator 
operator in the state house shall be fourteen hundred dollars, state* house" 

Section 2. The increases in salary provided for by this e°tTi1shecr" 
act shall not take effect until an appropriation has been Time of taking 
made sufficient to cover the same, and then as of the first 
day of June in the current year. 

A J) proved May 29, WW. 



An Act relative to the payment to certain dependent Qhn^ 904 

CHILDREN OF BENEFITS UNDER THE WORKMEN'S COMPEN- 
SATION ACT. 

Be it enacted, etc., as follows: 

Section seven of Part II of chapter seven hundred and Jf^V 7^^^^^'*''* 
fifty-one of the acts of nineteen hundred and eleven, as amended. 
amended by section three of chapter seven hundred and eight 
of the acts of nineteen hundred and fourteen, is hereby 
further amended by inserting after paragraph (c) the fol- 
lowing new paragraph : — (d) A child or children under the Payment to 
age of sixteen (or over the said age but physically or mentally dependent 
incapacitated from earning) upon a parent who was at the benfets under 
time of his death legally bound to support, although living comprasation 
apart from, such child or children. ^'^^■ 

Apprcyved May 29, WW. 



An Act relative to weekly payments to injured em- Chav. 205 

PLOYEES IN CASES OF PARTIAL INCAPACITY'. 

Be it enacted, etc., as follows: 

Part II of chapter seven hundred and fifty-one of the acts 1911, 751, Part 
of nineteen hundred and eleven, as amended by section five amende'd^*'^ ' 
of chapter seven hundred and eight of the acts of nineteen 
hundred and fourteen, is hereby further amended by striking 
out section ten and substituting the following: — Section Weekly pay- 
10. While the incapacity for work resulting from the injury "nj'urld" 
is partial, the association shall pay the injured employee cSes°o^f*^lrtiai 
a weekly compensation equal to sixty-six and two thirds '"'capacity. 
per cent of the difference between his average weekly wages 



156 



General Acts, 1919. — Chaps. 206, 207. 



before the injury and the average weekly wages which he is 
able to earn thereafter, but not more than sixteen dollars a 
week; and in no case shall the amount of such compensation 
be more than four thousand dollars. 

Ai^proved May 29, 1919. 



1917, 293 (O), 
amende<l. 



C/iap.206 Ax Act relative to the salary of the parole clerk at 

THE MASSACHUSETTS REFORMATORY. 

Be it enacted, etc., as folloics: 

Chapter two hundred and ninety-three of the General 
Acts of nineteen hundred and seventeen is hereby amended 
by striking out the words "an annual salary of sixteen hun- 
dred dollars", in the ninth and tenth lines, and substituting 
the words : — such annual salary, not to exceed nineteen 
hundred dollars, as shall be fixed by the director of prisons 
with the approval of the governor and council, — so as to 
read as follows: — The director of the bureau of prisons is 
hereby authorized to designate as parole clerk one of the 
officers at the Massachusetts reformatory mentioned in sec- 
tion twenty-one of chapter two hundred and twenty-three 
of the Revised Laws, as affected by chapter four hundred 
and fifty-four of the acts of the year nineteen hundred and 
ten. He shall perform such duties relating to the parole 
of inmates of the reformatory as the director may prescribe. 
While performing the duties of parole clerk, such officer shall 
receive such annual salary, not to exceed nineteen hun- 
dred dollars, as shall be fixed by the director of prisons with 
the approval of the governor and council, in full for all serv- 
ices rendered by him, and shall be subject to the provisions 
of chapter six hundred and one of the acts of the year nine- 
teen hundred and eight and acts in amendment thereof. 

Approved May 29, 1919. 



Parole clerk 
at Massachu- 
setts reforma- 
tory, salary, 
etc. 



Chap.207 An Act relative to the carrying of concealed weapons. 

Be it enacted, etc., as folloirs: 

Section 1. Section one of chapter one hundred and 
seventy-two of the acts of nineteen hundred and six, as 
amended by section one of chapter five hundred and forty- 
eight of the acts of nineteen hundred and eleven, is hereby 
further amended by inserting after the word "property", 
in the seventh and eighth lines, the words: — or for any 



1906, 172, § 1, 
etc., amended 



General Acts, 1919. — Chap. 207. 157 

other proper purpose, — so as to read as follows: — Section Licenses for 
1. The justice of a court, or trial justices, the board of wJaplusmay 
police or mayor of a city, or the selectmen of a town, or per- ^5,iot^''l=l 

_,_ ^ ' JT CGrtftlll C3.SUS. 

sons authorized by them, respectively, may, upon the applica- 
tion of any person, issue a license to such person to carry a 
pistol or revolver in this commonwealth, if it appears that 
the applicant has good reason to fear an injury to his per- 
son or property, or for any other proper purpose, and that he 
is a suitable person to be so licensed. 

Section 2. Section two of said chapter one hundred i?06, 172. § 2 

, 111 • i> I ^'<^' amended. 

and seventy-two, as amended by section one of chapter 
tliree hundred and fifty of the acts of nineteen hundred and 
eight and by section two of said chapter five hundred and 
forty-eight is hereby further amended by striking out all 
after the word "than", in the sixth line, and substituting the 
words : — one hundred nor more than five hundred dollars 
or by imprisonment for a term of not less than six months 
and not more than five years, or by both such fine and im- 
prisonment, — so as to read as follows : — Section 2. Who- Penalty for 
ever, except as provided by the laws of this commonwealth, weapon! l^lth"^ 
carries on his person a pistol or revolver, without authority out a license. 
or permission as provided in section one of this act, or who- 
ever carries any stiletto, dagger, dirk-knife, slung-shot or 
metallic knuckles, shall upon conviction be punished by a 
fine of not less than one hundred nor more than five hun- 
dred dollars or by imprisonment for a term of not less than 
six months and not more than five years, or b}^ both such fine 
and imprisonment. 

Section 3. Section nine of chapter two hundred and ^c^'amenJed 
eleven of the Revised Laws, as amended by section three 
of chapter five hundred and forty-eight of the acts of nine- 
teen hundred and eleven, is hereby further amended by 
striking out all after the word "punished", in the sixth line, 
and substituting the following: — by a fine of not less than 
one hundred nor more than five hundred dollars, or by im- 
prisonment for a term of not less than six months and not 
more than five years, or by both such fine and imprisonment, 
— so as to read as follows: — Section 9. Whoever, when penalty for 
arrested upon a warrant for an alleged crime and whoever, weaponlwhen" 
when arrested while committing a crime or a breach or dis- arrested. 
turbance of the public peace, is armed with or has on his 
person any slung-shot, metallic knuckles, billy, revolver or 
pistol, loaded or unloaded, or other dangerous v.'eapon, shall 
be punished by a fine of not less than one hundred nor more 



158 General Acts, 1919. — Chap. 208. 

than five hundred dollars, or by imprisonment for a term of 
not less than six months and not more than five years, or 
by both such fine and imprisonment. 

Approved May 29, 1919. 



Chap. 208 An Act relative to the settlement by pltblic admin- 
istrators OF THE estates OF CERTAIN DECEASED PER- 
SONS. 

Be it enacted, etc., as follows: 

Appointment SECTION 1. If there is occasion for the appointment of 

administrators au administrator with the will annexed, under the provisions 

tors \Wth'the' of scctiou six of chapter one hundred and thirty-seven of the 

Is adm^ni's^tra-'^ Rcviscd Laws, as amended by chapter five hundred and 

and estltes'''' clghty-cight of the acts of nineteen hundred and eleven, or 

not already {qj. ^]^g appointment of an administrator of the goods and 

administered, i i ^ • • ipi i 

etc. estates not already administered of a deceased person, under 

the provisions of section eight of the said chapter, and it 
appears that there are no known heirs of the deceased person 
living, a public administrator of the county shall be ap- 
pointed to such trust. 
R. L. 138, § 12, Section 2. Section twelve of chapter one hundred and 
e c, amen e . ^}^ij.^y_gjg]^^ of ^q Reviscd Laws, as amended by section 
one of chapter ninety of the General Acts of nineteen hun- 
dred and seventeen, is hereby further amended by inserting 
after the word "administrator", in the second line, the words: 
— or by the executor or administrator with the will annexed 
of a person who died leaving no known heirs, — so as to 
Public adminis- read as follows: — Section 12. When an estate has been 
torror'ad'm'inis- fuHy administered by a public administrator, or bj' the ex- 
th^^^wfii'^'*^'^ ecutor or administrator with the will annexed of a person 
annexed to ^yj^Q ^^q^ leaving no known heirs, he shall deposit the balance 

deposit balances °. ..,.,,,,, 

of estates with of such cstatc remaining in his hands with the treasurer and 
receiver rcccivcr general, who shall receive and hold it for the benefit 

genera , e c. ^^ thosc who mav havc lawful claims thereon. At any time 



within six years after a public administrator has made such 
deposit, the probate court may, upon the application of 
the administrator and if it appears that there are reasonable 
grounds to believe that certain persons have lawful claims 
upon the said balance, enter a decree directing that the same 
be repaid to the public administrator. The treasurer and re- 
ceiver general shall thereupon pay over all money deposited 
in the treasury to the credit of the estate to the public ad- 



General Acts, 1919. — Chap. 208. 159 

ministrator to be administered by him according to law as a 
part of the estate of the deceased. 

Section 3. Section fourteen of said chapter one hun- r. l, iss, § u, 
dred and thirty-eight, as amended by section two of said '^ *'" ^'^^^ 
chapter ninety, is hereby further amended by inserting after 
the word "administrator", in the second Hue, the words: — 
or an executor or an administrator with the will annexed 
of a person who has died leaving no known heirs, — and 
also by inserting after the word "administration", in the 
fifth line, the words: — or letters testamentary, — so as to 
read as follows: — Section I4. If, at any time within six Heirs, etc., 
years after a public administrator, or an executor or an ^mintstration 
administrator with the M'ill annexed of a person who has g^^te tri^sury " 
died leaving no known heirs, has made deposit with the ^ a'dmhi^istL- 
treasurer and receiver general of the balance of an estate t".';? ^ith the 

. . . I'll 1 • 1 1 ^"^ annexed, 

remammg m his hands, any person applies to the probate etc. 
court which granted letters of administration or letters 
testamentary on such estate, and makes it appear that he is 
legally entitled by the will of the deceased or otherwise to 
the administration thereof, the court shall grant adminis- 
tration thereof, or, upon probate of such will, shall grant 
letters testamentary to such applicant or at his request to 
some other suitable person; but before granting such ad- 
ministration, the court shall order personal notice of the 
application to be served, at least fourteen days before the 
hearing, upon a public administrator of the county, who 
shall appear in behalf of the commonwealth. In all such Allowance for 

^J, ... ... .. , , services and 

cases, whether public administration is granted or not, the expenses. 
public administrator shall receive a reasonable allowance for 
his services and expenses which shall be determined by the 
probate court and which shall be paid by the treasurer and 
receiver general out of the money deposited in the treasury 
to the credit of such estate but not otherwise. 
Section 4. Section eighteen of said chapter one hundred ^- ^M' ^ ^^' 

. , , ^ ^ . . amended. 

and thirty-eight is hereby amended by striking out the 

word "twenty", in the third line, and substituting the 

words: — one hundred, — so as to read as follows: — *Sec- Estates of less 

tion 18. If the total property of an intestate which has come hund?e'd doi- 

into the possession or control of a public administrator is of disposed of by 

a value less than one hundred dollars, unless the same is p^^Hc adminis- 

.... trators. 

the balance of an estate received from a prior public admin- 
istrator, he shall forthwith reduce all such property into 
money, not taking administration thereon, and shall de- 
posit such money, first deducting his reasonable expenses 



160 



General Acts, 1919. — Chaps. 209, 210. 



Claims, how 
presented 
aad paid. 



and charges, with the treasurer and receiver general, who 
shall receive and hold it for the benefit of any persons who 
may have legal claims thereon. Such claims may be pre- 
sented to the auditor of the commonwealth within one year 
from such payment to the treasurer and receiver general 
and the auditor shall examine such claims and allow such as 
may be proved to his satisfaction and upon the expiration 
of the year shall forthwith certify the same to the governor 
and council for payment of the w'hole of the claims or such 
proportion thereof as the funds will allow. 

Approved May 31, 1919. 



Chav.209 An Act to regulate the tilwelling expenses of clerks 

AND assistant CLERKS OF COURTS IN THE COUNTY OF 
BRISTOL. 

Be it enacted, etc., as follows: 

Section 1. In the county of Bristol, the clerks of the 
courts and assistant clerks of the courts shall each be allowed 
by the county their travelling expenses necessarily incurred 
when attending sessions of the courts, except when the 
sessions are held in the city or town in which they live. The 
said expenses shall be audited by the county commissioners. 

Section 2. Section six of chapter two hundred and 
eighty-seven of the General Acts of nineteen hundred and 
eighteen shall not apply to the county of Bristol. 

Approved June 3, 1919. 



Clerks and 
assistant clerks 
of courts in 
Bristol county, 
travelling 
expenses. 



Certain provi- 
sion of law not 
to apply to 
Bristol county. 



Chap. 2X0 An Act relative to the supervisors of accounts in the 

OFFICE OF THE AUDITOR OF THE COMMONWEALTH. 

Be it enacted, etc., as follows: 

Chapter five hundred and ninety-seven of the acts of 
nineteen hundred and eight is hereby amended by striking 
out section three and substituting the following: — Section 
3. The auditor, with the consent of the governor and coun- 
cil, shall appoint a supervisor and an assistant supervisor of 
accounts, w^hose salaries shall be fixed by him, with the ap- 
proval of the governor and council. 

Approved June 3, 1919. 



1908, 597, § 3, 
amended. 



Supervisors of 
accounts in 
office of state 
auditor, 
appointment, 
salaries, etc. 



General Acts, 1919. — Chaps. 211, 212. IGl 



An Act relative to the borrowing of money by the Chap.211 

CITY OF WORCESTER FOR THE CONSTRUCTION OF A BRIDGE 
OVER PART OF LAKE QUINSIGAMOND. 

Be it enacted, etc., asfolloivs: 

Section 1. Section two of chapter three hundred and fi^'eS ^'^'' 
two of the General Acts of nineteen hundred and fifteen, amended. 
as amended by chapter two hundred and ninety-two of the Borrowing of 
General Acts of nineteen hundred and eighteen, is hereby dty"of ^ 
further amended by striking out the word "twenty-five", ^Vorcestor for 



construction 
ge over 
uin- 



in the ninth line, and substituting the word: — seventy-five. lako^Q 
Section 2. This act shall take effect upon its passage. sigamond. 

Approved June 4, 1919. 



An Act to require mirrors or reflectors on certain Chav. 212 

MOTOR VEHICLES, AND TO REGULATE THE USE OF SPOT 
LIGHTS ON MOTOR A^HICLES. 

Be it enacted, etc., as follows: 

Section 1. No person shall operate upon any waj^ in Mirrors or 
this commonwealth, as defined in section one of chapter required on 
five hundred and thirty-four of the acts of nineteen hundred vehfcies"^°*°'^ 
and nine, and in the amendments thereof, any taxicab, 
commercial motor vehicle or motor truck, so constructed, 
equipped or loaded that the driver or operator is prevented 
from having a constantly free and unobstructed view of the 
highway immediately in the rear, unless there is attached to 
the vehicle a mirror or reflector so placed and adjusted as 
to afford the operator a clear, reflected view of the highway 
in the rear of the vehicle. 

Section 2. There shall not be used on or in connection Use of spot- 
with any motor vehicle a spot light, so-called, the rays from vdiicieJ^ 
which shine more than two feet above the road at a distance '^*'°" ^^^ 
of thirty feet from the vehicle, except that such a spot light 
may be used for the purpose of reading signs, and as an 
auxiliary light in cases of necessity v/lien the other lights 
required by law fail to operate. 

Section 3. Violation of this act shall be punished by a Penalty. 
fine of not less than twenty nor more than one hundred 
dollars. Approved June 4, 1919. 



162 



General Acts, 1919. — Chaps. 213, 214, 215. 



Turnkeys and 
watchmen in 
the state prison 
and the 
Massachusetts 
reformatory, 
salaries 
established. 



Time of taking 
effect. 



C hap. 21S An Act to establish the sal.uiies of turnkeys .otd 

WATCHINIEN IN THE STATE PRISON AND THE iLlSSACHU- 
SETTS REFORMATORY. 

Be it enacted, etc., as follows: 

Section 1. Turnkeys and watchmen in the service of 
the state prison and the Massachusetts reformatory who 
have been in the prison service for less than one year shall 
receive an annual salary of nine hundred and eighty dollars. 
Turnkeys and watchmen who have been in the prison serv- 
ice for more than one year shall receive for each additional 
;v'ear of service an increase in salary of one hundred and 
twenty dollars, until a maximum of seventeen hundred dol- 
lars is attained. 

Section 2. The increases in salary provided for by this 
act shall not take effect until an appropriation has been made 
sufficient to cover the same, and then as of the first day of 
June in the current year. Approved June 4, 1919. 

Chap. 214: An Act relative to the registration of motor vehicles 

OWNED AND OPERATED BY DEALERS. 

Be it enacted, etc., as follows: 

Section 1. The paragraph beginning with the word 
" Dealer " in section one of chapter five hundred and thirty- 
four of the acts of nineteen hundred and nine, as amended 
by section one of chapter sixteen of the General Acts of nine- 
teen hundred and fifteen, is hereby further amended by strik- 
ing out all after the word "vehicles", in the third line, so that 
the paragraph will read as follows: — ^ "Dealer" shall in- 
clude every person who is engaged principally in the business 
of buying, selling or exchanging motor vehicles. 

Section 2. This act shall take effect on the first day of 
January, nineteen hundred and twenty. 

Approved June 4, 1919. 

Chap. 21b An Act to establish the salaries of the porters at the 

STATE HOUSE. 

Be it enacted, etc., as follows: 

Section 1. The annual compensation of the chief porter 
in the state house shall be twelve hundred dollars, and that 
of each of the other porters shall be eleven hundred and fifty 
dollars. 



1909, 534, § 1. 
etc., amended. 



"Dealer" in 
motor vehicles, 
term defined. 



Time of taking 
effect. 



Porters at 
state house, 
salaries 
established. 



General Acts, 1919. — Chap. 216. 163 

Section 2. The increases in salary provided for by Time of taking 
this act shall not take effect until an appropriation has been """'''■ 
made sufficient to cover the same, and then as of the first 
day of June in the current year. Approved June 4, 1919. 

An Act relative to the compensation of medical ex- QJidrt 216 

AMINERS IN THE COUNTY OF SUFFOLK. 

Be it enacted, etc., as follows: 

Section 1. Chapter twenty-four of the Revised Laws, r. l. 24, § 7. 
as amended by chapter four hundred and twenty-four of the ®''' ' '"^''"''^'^• 
acts of nineteen hundred and eight and by chapter two hun- 
dred and forty-nine of the General Acts of nineteen hundred 
and eighteen, is hereby further amended by striking out 
section seven and substituting the following: — Section 7. ^i<'d'9ai 



examiners, 



In the county of Suffolk, each medical examiner shall receive Suffolk county, 
from the county an annual salary of five thousand dollars, 
and each associate medical examiner an annual salary of 
eight hundred and thirty-three dollars; but if either asso- 
ciate medical 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 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 may, in 
the name of the county, contract such bills for clerical serv- 
ices, postage, stationery, printing, telephones, travelling, 
cost of the removal of bodies to appropriate depositories 
and the care of the same, and for such other incidental ex- 
penses as may in his opinion be necessary for the proper 
performance of his duty, to an amount not exceeding six 
thousand dollars in any one year; and the associate medical 
examiner may in the name of the county contract bills for 
the said purposes to an amount not exceeding one thousand 
dollars in any one year; and all such bills shall be paid by the 
county of Suffolk, upon a certificate by the contracting ex- 
aminer that they were necessarily incurred in the proper per- 
formance of his duty, and upon the approval of the auditor 
of Boston, as provided in section twenty-six, and of the 
mavor of said citv. Medical examiners and associate medical ^•^•'^ 9^ medical 

• . . • . . oxammers in 

examiners in other counties shall receive fees as follows: other counties. 



164 



General Acts, 1919. — Chap. 217. 



To be sub- 
mitted to city 
council, etc. 



For a view without an autopsy, five dollars; 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 accept- 
ance by the city council of the city of Boston with the ap- 
proval of the mayor. Approved June 5, 1919. 



Chap. 211 An Act relati\"e to the powers of cities and towtsts in 

RESPECT to public RECREATION, PLAYGROUNDS AND 
PHYSICAL EDUCATION. 

Whereas, The benefits to be derived from this act would 
be lost for the current year if it were not to take effect forth- 
with; therefore, it is hereby declared to be an emergency 
law, necessary for the immediate preservation of the public 
convenience. 



Emergency 
preamble. 



R. L. 28, § 19, 
etc., amended. 



Powers of cities 
and towns in 
respect to 
public 
recreation, 
playgrounds 
and physical 
education. 



Be it enacted, etc., as folloivs: 

Section 1. Chapter twenty-eight of the Revised Laws, 
as amended by section one of chapter five hundred and 
eight of the acts of nineteen hundred and ten, by section one 
of chapter twenty-five of the General Acts of nineteen hun- 
dred and fifteen and by chapter one hundred and twenty- 
four of the General Acts of nineteen hundred and eighteen, 
is hereby further amended by striking out section nineteen 
and substituting the following: — -Section 19. Any city or 
town may acquire land and buildings within its limits by 
gift, purchase or right of eminent domain, or may lease the 
same, or may use suitable land or buildings already owned 
by it, for the purposes of a public playground or recreation 
centre, and may conduct and promote recreation, play, 
sport and physical education, for which admission may be 
charged, on such land and in such buildings, and may con- 
struct buildings on land owned or leased by it and may pro- 
vide equipment for the said purposes. Buildings so ac- 
quired, leased or constructed may be used also for town 
meetings, and, with the consent of, and subject to the con- 
ditions and terms prescribed by, the officer or board in 
control of the building, may be used by the municipality, or 
by any department thereof, or by any person, society or 
other organization for such other public, recreational, social 
or educational purposes as the said officer or board may 
deem proper. For the purposes aforesaid, any city or town 
may appropriate money, and may employ teachers, super- 
visors and other officials, and may fix their compensation. 



General Acts, 1919. — Chap. 218. 165 

Except in the city of Boston and except as to the making of ^hom^' ^^ 
appropriations, the powers conferred by this section shall be exercised, etc. 
exercised by the board of park commissioners, or by the 
school committee, or by a playground or recreation com- 
mission appointed by the mayor or elected by the voters of 
the town at an annual town meeting or at a special meet- 
ing called for the purpose, or may be distributed between 
the board of park commissioners, the school committee and 
such playground or recreation commission, or any two of 
them, or they may be exercised by a committee made up 
from any one or more members of all or any of the said 
boards or commissions, accordingly as the city council or 
the town may decide. Until the city council or the town 
makes a determination as aforesaid, the said powers shall 
remain in the body now exercising them. Within sixty Taking of 
da}'S after the taking of land under the provisions of this recorded, ^etc. 
section, the taking authority shall file and cause to be re- 
corded in the registry of deeds for the county or district in 
which the land lies a description thereof sufficiently specific 
for identification and a statement of the purpose for which 
it was taken. Any municipal authority which is or shall be where activities 
authorized to exercise the powers conferred by this section du^cted.^ ''°"' 
or any of them, is hereby authorized to conduct its activities 
on (1) property under its control, (2) on other public prop- 
erty under the control of other public officers or boards, 
with the consent of such officers or boards, or (3) on private 
property, with the consent of the owners. 
Section 2. This act shall take effect upon its passage. 

Approved June 6, 1919. 

An Act relative to the laying out and construction (7/^^r, 218 

BY the county of ESSEX OF A HIGHWAY BETWEEN THE 
town OF ROCKPORT AND THE CITY OF GLOUCESTER. 

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

^ 1.1 1*1 commissioners 

Essex may lay out and construct a highway to sub-grade, may lay out 
commencing at or near the Turk's Head Inn, so-called, in a highway 
the town of Rockport, and running substantially in a south- port ^nd 
westerly direction through the woods and over the marshes o""®^'®""' 
to the junction of Bass avenue and Atlantic road in the city of 
Gloucester, in accordance with the provisions of Part II of 
chapter three hundred and forty-four, of the General Acts 
of nineteen hundred and seventeen, and acts in amendment 



166 



General Acts, 1919. — Chap. 218. 



Proviso. 



County may 
issue bonds, 
etc. 



County of 
Essex, Glouces- 
ter- Rockport 
Highway Loan, 
Act of 1919. 



Statement of 
cost to be 
filed, etc. 



Apportion- 
ment of 
expense, etc. 



thereof and in addition thereto: provided, that the owners of 
land included within the Hmits of said highway, as laid out, 
and the abutters thereon, shall release, without payment by 
the county, all claims for damages which may arise from 
the taking of land required for the said highway, and all 
claims for damages arising from the construction of the 
highway, the change of grade and any sloping of the land 
abutting thereon. Instead of a release as aforesaid the said 
damages may be provided for by a bond satisfactory to the 
said county commissioners. 

Section 2. The expense incurred under this act shall be 
paid in the first instance by the county of Essex, and for 
this purpose and for the purpose of paying the county's 
ultimate share of the expen.se, the county commissioners are 
hereby authorized to issue, from time to time, bonds or 
notes of the county to the amount of one hundred and fifty 
thousand dollars. Such bonds or notes shall bear on their 
face the words, County of Essex, Gloucester-Rockport High- 
way Loan, Act of 1919; shall be payable by such annual 
payments, beginning not more than one year after the date 
thereof, as will extinguish each loan within ten years from 
its date; and the amount of the annual payment of any 
loan in any ,year shall not be less than the amount of the 
principal of the loan payable in any subsequent year. The 
said bonds or notes shall bear interest at such rates as the 
treasurer of the county may determine with the approval of 
the county commissioners, payable semi-annually, and shall 
be signed by the treasurer of the county and countersigned 
by a majority of the county commissioners. The county 
may sell the said securities at public or private sale, upon 
such terms and conditions as the county commissioners may 
deem proper, but not for less than their par value, and the 
proceeds shall be used only for the purposes specified herein. 

Section 3. Upon the completion of the said highway 
the said county commissioners shall file in the office of the 
clerk of courts for the county of Essex a detailed statement, 
certified under their hands, of the actual cost of the said 
highway, and within three months after the filing of such 
statement, they shall, after such notice as they deem proper, 
and a hearing, apportion and assess upon the said county an 
amount equal to fifty per cent of the expense of construct- 
ing the said highway, as aforesaid, and shall apportion and 
assess upon the city of Gloucester and upon the town of 
Rockport the balance of the said expense, in the following 



General Acts, 1919. — Chaps. 219, 220. 167 

manner: Upon the city of Gloucester, fifty per cent of the 
expense of that part of the highway within the limits of the 
said city, and upon the town of Rockport, fifty per cent of 
the expense of the highway within the limits of the said 
town. The commissioners shall file in the office of the clerk Report of 
of courts of said county a report of the apportionment, and to te'^fiTed?ltc. 
the clerk shall transmit a true and attested copy thereof to 
the mayor of the city of Gloucester and the selectmen of the 
town of Rockport; and the said city and town shall each 
pay its proportion of said expense, determined by the com- 
missioners as aforesaid, into the treasury of the county of 
Essex, in such manner and in such instalments as the county 
commissioners may direct; and if the city or town shall 
neglect or refuse to pay its proportion as aforesaid, the 
said commissioners shall, after notice to the city or town, 
issue a warrant against it for its proportion, determined as 
aforesaid, with interest and the costs of the notice and 
warrant, and the same shall be collected and paid into the 
treasury of said county, to be applied in payment of the 
expense aforesaid. 

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

Approved June 6, 1919. 

An Act to provide for additional clerical assistance qJi^^) 219 

IN the police court of LOWELL. 

Be it enacted, etc., as follows: 

Section 1. The coimty commissioners for the county Additional 
of Middlesex are hereby authorized to expend, in addition anceTn poiTcJ 
to the amount now allowed, a sum not exceeding eight hun- """'^ "^ Loweii. 
dred dollars a year, for clerical assistance in the police court 
of Lowell, to be paid monthly from the county treasury to 
the person or persons employed. 

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

Approved June 6, 1919. 



Chap.220 



An Act to provide for the appointment of an addi- 
tional SECOND ASSISTANT DISTRICT ATTORNEY FOR THE 
northern district and of AN ASSISTANT DISTRICT ATTOR- 
NEY FOR THE WESTERN DISTRICT. 

Be if enacted, etc., a^ follows: 

Section 1. Chapter three hundred and ten of the acts laio, 3io. §i, 
of nineteen hundred and ten is hereby amended by striking ^""''^'^'"^- 



168 



General Acts, 1919. — Chap. 221. 



Additional 
second assistant 
district 
attorney, 
northern dis- 
trict, appoint- 
ment, etc. 



Assistant dis- 
trict attorney, 
western district, 
appointment, 
etc. 



Salaries to be 
paid from state 
treasury. 

Repeals. 



out section one and substituting the following: — Section 1. 
The district attorney for the northern district may appoint, 
and ma}^ at pleasure remove, an assistant district attorney 
who shall receive an annual salary of three thousand dollars, 
and two second assistant district attorneys, each of whom 
shall recei^•e an annual salary of two thousand two hundred 
and fifty dollars. 

Section 2. The district attorney for the western district 
may appoint, and may remove at pleasure, an assistant 
district attorney, who shall receive an annual salary of fifteen 
hundred dollars, or he may appoint and so remove, a first 
and a second assistant district attorney, one of whom shall 
reside in the county of Berkshire, and the other in the county 
of Hampden, who shall receive such annual salaries as he 
may fix, not exceeding in the aggregate the sum of fifteen 
hundred dollars. The salaries provided for herein shall not 
take efTect until an appropriation has been made sufficient 
to cover the same, and in no case until the first day of June 
in the current year. 

Section 3. The salaries aforesaid shall be paid from the 
treasury of the commonwealth. 

Section 4. Section one of chapter five hundred and 
seventy-tliree of the acts of nineteen hundred and fourteen, 
and so much of section two of chapter two hundred and 
seventy-two of the General Acts of nineteen hundred and 
eighteen as is inconsistent herewith, are hereby repealed. 

Approved June 6, 1919. 



Chap. 221 An Act to provide for placing on main highways sign 
POSTS indicating the boundaries of cities and 
towns. 

Be it enacted, etc., as follows: 

The Massachusetts highway commission is hereby au- 
thorized to place upon all main highways between cities and 
towns signboards indicating city and town lines and display- 
ing the names of the cities and towns adjoining at the said 
lines. The signs shall be so constructed and marked as to 
exhibit plainly the names of the cities and towns to persons 
passing in motor vehicles or otherwise. The posts to hold 
the signboards shall be constructed of concrete, and the 
expense of erecting the signboards and posts shall be paid 
from the appropriations for the maintenance of state high- 
ways. Approved June 6, 1919. 



Massachusetts 
highway com- 
mission may 
place sign 
posts indicat- 
ing boundaries 
of cities and 
towns. 



General Acts, 1919. — Chaps. 222, 223. 169 



An Act to provide for protecting bridges on certain CJiar> 222 

ROADS from DA]\IAGE CAUSED BY LOADED VEHICLES WEIGH- 
ING MORE THAN SEX TONS. 

Be it enacted, etc., as follows: 

Section 1. The Massachusetts highway commission, or Protection of 
the local authorities having control of any bridge on any from'damal?^ 
earth, sand or gravel road, may maintain notices at each folded vehicles 
end of the bridge legible at a distance of fifty feet, stating weiginps more 
the maximum weight or vehicle with load which the bridge 
will safely carry to be six tons. The owner of a vehicle 
operated on such a bridge shall be responsible for all damage 
resulting thereto if the weight of the vehicle and load ex- 
ceeds six tons, and the amount of the damage may be re- 
covered in an action at law by the authority charged with 
the maintenance of the bridge. 

Section 2. Any person operating a vehicle, the weight Penalty. 
of which with its load exceeds six tons, that causes damage 
to any bridge posted as provided in section one, shall be 
punished by a fine of not less than fifty nor more than one 
hundred dollars. Approved June 6, 1919. 

An Act to provide for a commission to investigate (jhnjy 223 

THE judicature OF THE COMMONWEALTH. Z^- 

Be it enacted, etc., as follows: 
Section 1. The governor, with the advice and consent Judicature 

n .1 M 1 n • j_ • • p ,1 commission, 

ot the council, snail appoint a commission or three persons appointment, 
to investigate the judicature of the commonwealth with a ^^'^' 
view to ascertaining whether any and what changes in the 
organization, rules and methods of procedure and practice 
of the several courts, the number and jurisdiction thereof, 
and the number and powers of the judges therein, and of the 
officers connected therewith, would insure a more prompt, 
economical, and just dispatch of judicial business. The com- 
mission shall be known as the "judicature commission", and 
shall report its conclusions to the general court, on or before 
the first Wednesday in January, nineteen hundred and 
twenty, with drafts of any legislation which it may deem 
expedient. The commission shall report to the governor, 
when so requested, as to the progress of its work. 

Section 2. The commission may give public hearings, Pubiic 
shall have power to administer oaths and to require the monlnf 0^"'"' 

witnesses, etc. 



170 



General Acts, 1919, — Chap. 224. 



Allowance for 
expenses, etc. 



attendance of witnesses and the production of books and 
documents, and may cause a stenographic report of the pro- 
ceedings before it to be made. A witness who gives false 
testimony or who fails to appear when duly summoned shall 
be subject to the same penalties to which a witness before a 
court is subject. 

Section 3. No member of said commission shall receive 
any compensation for his services, but the commission and 
the several members thereof shall be allowed from the state 
treasury such expenses for clerical and other services, travel 
and incidentals, as the governor and council shall approve, 
not exceeding such sum as the general court may appro- 
priate. The commission may avail itself of the services of 
the department of the supervisor of administration. 

Approved June 10, 1919. 



Chap. 224: An Act relative to the inspection force of the state 

BOARD OF LABOR ANT) INT)rSTRIES. 



Emergency 
preamble. 



1912, 726. § 8, 
etc., amended. 



Industrial 
health 

inspectors, etc., 
appointment 
by state board 
of labor and 
industries, etc. 



Whereas, It is necessary that certain temporary employees 
of the state board of labor and industries be made permanent 
employees forthwith for the benefit of the state's service; 
therefore this act is declared to be an emergency law for the 
immediate preservation of the public safety and convenience. 

Be it enacted, etc., as folloics: 

Section 1. Section eight of chapter seven hundred and 
twenty-six of the acts of nineteen hundred and twelve, as 
amended by section eight of chapter eight hundred and 
thirteen of the acts of nineteen hundred and thirteen, and by 
chapter seventy-four of the General Acts of nineteen hun- 
dred and fifteen and as affected by chapter two hundred and 
seventy-six of the General Acts of nineteen hundred and 
eighteen is hereby further amended by striking out the first 
paragraph and substituting the following: — Section S. The 
board shall have power to appoint and remove industrial 
health inspectors, inspectors of building operations, industrial 
inspectors, assistant industrial inspectors, and necessary 
clerical assistants, subject to the laws of the commonwealth 
relating to the appointment and removal of employees in the 
classified civil service. The total number of industrial health 
inspectors, inspectors of building operations, industrial in- 
spectors and assistant industrial inspectors shall not exceed 
tliirty-nine, of whom at least four shall be women and four. 



General Acts, 1919. — Chap. 225. 171 

to the extent that vacancies exist or shall occur, shall be 
men who have worked at least three years as building con- 
struction workmen : provided, however, that persons employed Proviso, 
on the thirty-first day of May in the year nineteen hundred 
and nineteen, as temporary inspectors shall be retained, 
without further examination, as permanent inspectors. The civil service 
ci^'il service commission shall prepare rules, subject to the pr'epTrT'^'* 
approval of the governor and council, for including in the '^"'*'^' ^'°' 
classified service all industrial health inspectors, inspectors 
of building operations, industrial inspectors, assistant indus- 
trial inspectors, and clerical assistants. Said rules shall pro- 
vide that candidates for appointment shall pass an examina- 
tion of a comprehensive and practical character based upon 
the particular requirements of the kind of work to be done; 
provided, that persons employed at the time when this act Proviso. 
takes effect as inspectors of factories and public buildings in 
the inspection department of the district police and not re- 
tained in said department, as provided in section twelve of 
this act, shall be transferred without such special examina- 
tion, and without regard to age, to serve as industrial in- 
spectors or inspectors of building operations. Such transfer Transfers not 
shall not affect anv rights of retirement with pension that *« affect rights 

i' 1 1 1 • • 1 of retirement, 

shall have accrued at the date when it is made, or would etc. 
thereafter accrue to an inspector so transferred, but all such 
rights shall be retained by any inspector as if he had remained 
a district police officer. Industrial health inspectors shall be industrial 
persons admitted to practice medicine in this commonwealth, tora"^quanfi^- 
or persons especially qualified by technical education in *'°°^- 
matters relating to health and sanitation. 
Section 2. This act shall take effect upon its passage. 

Approved June 11, 1919. 

An Act to provide for a poultry plant, a hothouse (JJiar) 225 

AND other IMPROVExMENTS AT THE BRISTOL COUNTY 

agricultural school. 

Be it enacted, etc., as follows: 

Section 1. The trustees of the Bristol County Agri- Trustees of 
cultural School are hereby authorized and directed to con- Agrl^'it^af'^ 
struct at the said school a poultry plant, with houses, incu- consTr'u^T 
bator cellar and brooders; to purchase an incubator to be poultry plant 

, , . , ^, '11 ^^^ hothouse 

used therewith ; to construct a hothouse with the necessary ?nd make other 
equipment; to extend the water system at the said school; ™p''°'*'®™®'* 
to provide an irrigation system for use at the farm connected 



172 



General Acts, 1919. — Chap. 226. 



Bristol county 
commissioners 
may issue 
bonds, etc. 



with the school; and to purchase such other suppUes and 
equipment as may be necessary in connection with the per- 
manent improvements aforesaid. 

Section 2. For the purposes aforesaid the county com- 
missioners of Bristol county are hereby authorized and 
directed to borrow a sum not exceeding twelve thousand 
dollars, and to issue bonds or notes of the county therefor. 
Such bonds or notes shall be payable by such annual pay- 
ments beginning not more than one year after the date of 
each loan as will extinguish each loan within four years from 
its date, and the amount of such annual payment in any 
year shall not be less than the amount of the principal 
payable in any subsequent year. The county may sell the 
said securities at public or private sale upon such terms and 
conditions as it may deem proper, but not for less than their 
par value. 

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

Approved June 11, 1919. 



Chap. 22^ An Act relative to the payment by insurance com- 
panies OF death or compensation benefits under the 
workmen's compensation act. 

Be it enacted, etc., as follows: 

Section 1. The insurance commissioner, hereinafter 
called the commissioner, in his discretion, may at any time 
require an insurance company, hereinafter called the com- 
pany, to deposit in cash or approved securities with the 
treasurer and receiver general, the present value as com- 
puted by the commissioner of all or any part of its outstand- 
ing claims incurred under the provisions of chapter seven 
hundred and fifty-one of the acts of nineteen hundred and 
eleven and acts in amendment thereof and in addition 
thereto. The treasurer and receiver general shall make from 
such deposit the payments to those entitled thereto under 
the said chapter, and in the manner provided therein, upon 
the written request and under the direction of the industrial 
accident board, hereinafter called the board, or may, if 
the company so elects, transfer from time to time to a trustee 
appointed by the company and approved by the board such 
part of the funds as may be reasonably necessary for making 
the said payments promptly, and the trustee shall make the 
same in accordance with the instructions of the board. The 



Insurance 
companies 
paying benefits 
under work- 
men's com- 
pensation act 
to make cer- 
tain deposits 
with treasurer 
and receiver 
general. 



Treasurer and 
receiver gen- 
eral to make 
payments, etc. 



General Acts, 1919. — Chap. 227. 173 

treasurer and receiver general shall keep a separate account 
with the company of the amount so received, the amount of 
interest earned and the payments made. In case the amounts Additional 
so deposited prove, or seem likely to prove, to be insufficient '^®''°^'*'*- 
from transfer of funds or otherwise, the commissioner may 
require the company to deposit such additional sums as he 
may deem necessary. If the amounts deposited prove to be Refunds to 
larger than are required, portions thereof may from time to ^""p^**"^*' °^''- 
time be refunded to the company by the treasurer and 
receiver general, subject to the approval of the board and 
the commissioner. If any balance remains after the pay- 
ment of all sums due to injured workmen or their dependents, 
the treasurer and receiver general shall return the balance 
to the company upon notice from the board that there is no 
likelihood of further payments becoming due on account of 
the said claims. 

Section 2. The commissioner shall compute the present vaiueof 

1 p !• 1 • 1 1 • (• • (■ • outstanding 

value or outstandmg clamis on the basis or miormation to claims, how 
be furnished to him by the board, and shall assume a rate 
of interest not higher than four per cent. 

Section 3. When a deposit is made with the treasurer certain ex- 

1 . , .... . , penses to be 

and receiver general as provided in section one, the com- paid by com- 
pany shall pay to the treasurer and receiver general a reason- p^'^'*^^' 
able amount for the expenses of his office, for the custody of 
the deposit and for making the payments therefrom. 

Section 4. An insurance company which fails to make companies 
the deposit aforesaid when it is required under this act shall (fjposh to 
cease to write policies of insurance in this commonwealth po1icie^"etc.^ 
until the required deposit is made. 

Approved June 11, 1919. 



An x\ct kelative to sales at auction of personal Chap. 227 

PROPERTY. 

Be it enacted, etc., as follows: 

Section nine of chapter sixty-four of the Revised Laws is r. l. 64 § n, 
hereby amended by inserting after the word "the", in the ^™^° ^ 
second line, the words: — hours and, — and by inserting be- 
fore the word "place", in the fourth line, the words: — 
time or, — so as to read as follows : — Section 9. Licenses Saies at 
may be granted upon such conditions relative to the hours personar 
and places of selling goods and chattels within a city or town reg^ated. 
as the mayor and aldermen or selectmen deem expedient; 



174 



General Acts, 1919. — Chaps. 228, 229. 



and if an auctioneer makes a sale by auction at a time or 
place within said city or town not authorized by his license, 
he shall be liable to like penalties as if he had sold without 
a license. Approved June 11, 1919. 



R. L. 164, §35, 
etc., amended. 



Chap. 22S 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 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, and by chapter one hundred and 
sixty-six of the General Acts of nineteen hundred and eight- 
een, is hereby further amended by striking out the words 
"nineteen hundred", in the ninth and tenth lines, and 
substituting the words: — two thousand and seventy, — 
and by striking out the words "he shall at his own expense 
provide", in the fourteenth line, and substituting the words: 
— one hundred dollars annually, in addition to his salary, 
to provide, — so as to read as follows : — Section 35. The 
judges of probate and insolvency for the county of Middlesex 
may appoint a messenger for the courts of probate and in- 
solvency for said county, may at any time remove him for 
a cause which is by them considered sufficient, and may fill a 
vacancy caused by a removal or otherwise. Said messenger 
shall wait upon said courts and perform such duties as the 
judges may direct including duty as a court officer of the 
said court. He shall receive from said county an annual 
salary of two thousand and seventy 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 attend- 
ance upon the said courts, and one hvmdred dollars annually, 
in addition to his salary, to pro^'ide a uniform, such as the 
court shall order, which he shall wear while in attendance 
on the said court. Approved June 11, 1919. 



Messenger of 
courts of 
probate and 
insolvency, 
Middlesex 
county, salary 
increased. 



Chap. 22^ An Act relative to sight-saving classes for children. 
Be it enacted, etc., as follows: 

There may be expended annually from the treasury of the 

r f>r, 

children. 



classes for commoHWcalth, under the direction of the Massachusetts 



General Acts, 1919. — Chaps. 230, 231. 175 

commission for the blind, the sum of ten thousand dollars, 
for the purpose of providing sight-saving classes for children 
certified by any reputable oculist as fit subjects for instruction 
therein. The said classes may be organized and conducted, 
with the approval of said commission, bj^ local school com- 
mittees. The expenditures hereby authorized shall, for the 
current year, be paid out of item numbered four hundred and 
ninety-one a in the first supplemental appropriation act. 

Approved June 11, 1919. 



An Act relative to the fees of medical examiners and (7/ia».230 

ASSOCIATE medical EXAMINERS IN COUNTIES OTHER THAN 
THE COUNTY OF SUFFOLK. 

Be it enacted, etc., as foUoivs: 

Medical examiners and associate medical examiners in Fees of 
counties other than the county of Suffolk shall receive fees ^am?ners in 
as follows: — For a view without an autopsy, seven dollars; than*^suffdk" 
for a view and autopsy, thirty dollars; and for travel, ten 
cents a mile to and from the place of view. 

Approved June 11, 1919. 



An Act to provide further for the improvement and qIkij) 231 
protection by the commission on waterways and 
plt3lic lands of rivers, harbors, tidewaters and 
foreshores. 

Be it enacted, etc., as folloivs: 

The commission on waterways and public lands is hereby improvement 
authorized and directed to expend during the years nineteen onwXTwlys" 
hundred and nineteen, nineteen hundred and twenty and urn'd?of''rTvers, 
nineteen hundred and twenty-one a sum not exceeding seven J^J^ters and*^" 
hundred and fifty thousand dollars for the improvement, foreshores. 
development, maintenance and protection of rivers, harbors, 
tidewaters and foreshores within the commonwealth now 
under the jurisdiction of said commission. The said sum 
shall be expended in the manner, and subject to the condi- 
tions set forth in chapter four hundred and eighty-one of 
the acts of nineteen hundred and nine. The commission 
shall not expend more than two hundred and fifty thousand 
dollars in any one year, except that an unexpended balance 
in any year may be used in the succeeding year for the pur- 
poses aforesaid. The expenditures authorized by this act 



176 



General Acts, 1919. — Chaps. 232, 233. 



1918, 94 (G), 
§ 1, amended. 



shall, for the current year, be payable from item numbered 
three hundred and twenty-three of the general appropriation 
act. Approved June 11, 1919. 

C hap. 2S2 An Act to proa^de for the gr.\xtixg of certificates 

OF HONOR to citizens OF MASSACHUSETTS WHO SERVED 
ON THE MEXICAN BORDER. 

Be it enacted, etc., as follows: 

Section one of chapter ninety-four of the General Acts of 
nineteen hundred and eighteen is hereby amended by insert- 
ing after the word "guard", in the third line, the words: — 
and all other citizens of Massachusetts, — by striking out 
the word "border", in the fourth line, and substituting the 
word: — active, — and by striking out the last sentence of 
said section, so as to read as follows:- — Section. 1. The 
adjutant general is hereby authorized and directed to pro- 
cure and furnish to each officer and enlisted man of the 
Massachusetts national guard and all other citizens of INIas- 
sachusetts who performed acti\'e 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. 

Approved June 11, 1919. 



Certificates of 
honor to 
citizens of 
Massachusetts 
who served 
on Mexican 
border. 



C/zap. 233 An Act to regulate the salaries of the officers and 

EMPLOYEES OF THE REFORMATORY FOR WOMEN. 

Be it ejiacted, etc., as follows: 

Section 1. The annual salaries of the officers and em- 
ployees of the reformatory for women shall be fixed by the 
director of prisons, in accordance with the provisions of 
chapter two hundred and twenty-eight of the General Acts 
of nineteen hundred and eighteen, within such sums as the 
general court may appropriate. 

Section 2. Section thirty-nine of chapter two hundred 
and twenty-three of the Revised Laws, as amended by 
chapter three hundred and three of the acts of nineteen 
hundred and nine, by sections two and three of chapter 
three hundred and eighty of the acts of nineteen hundred 
and twelve and by chapter six hundred and seventy-five of 
the acts of nineteen hundred and thirteen, and all other acts 
and parts of acts inconsistent herewith, are hereby repealed. 

Approved June 11, 1919. 



Reformatory 
for women, 
salaries of 
officers and 
employees 
regulated. 



Repeals. 



General Acts, 1919. — Chaps. 234, 235, 236. 177 



An Act to regul.\te the salaries of the clerk at the Chap, 234: 

STATE PRISON AND THE CLERK AT THE ]\L\SSACHUSETTS 
REFORMATORY. 

Be it enacted, etc., as follows: 

Section 1. The annual salaries of the clerk at the state Salaries of 
prison and of the clerk at the IVIassachusetts reformatory pHson and ^ 
shall be fixed by the director of prisons, with the approval of Ma'ssachusetts 
the governor and council, and shall not exceed three thou- ^egu'iated"^^ 
sand dollars each. 

Section 2. The increases in salary authorized by this Time of 
act shall not take effect until an appropriation has been 
made sufficient to cover the same, and then as of the first 
day of June in the current year. 

Approved Jvne 11, 1.910. 

An Act to fix the salaries of the doorkeepers. Chap. 235 

ASSISTANT DOORKEEPERS, POSTIVLVSTER AND MESSENGERS 
OF THE GEN^ERAL COURT. 

Be it enacted, etc., as follows: 

Section 1. The annual salaries of the doorkeepers of General court, 
the senate and the house of representatives shall be two postmaster and 
thousand dollars each. The assistant doorkeepers shall "afarfes^fixed. 
annually receive seventeen hundred dollars, the postmaster 
eighteen hundred dollars, and the messengers of the senate 
and of the house of representatives fifteen hundred dollars 
each. 

Section 2. The increases in salary provided for by this Time of 
act shall not take effect until an appropriation has been ^ "^^'^ ^'"*' 
made sufficient to cover the same, and then as of the first 
day of June in the current year. 

Approved June 11, 1919. 

An Act increasing the amounts allowed for clerical Chav 236 

ASSISTANCE TO THE REGISTERS OF PROBATE AND INSOL- 
VENCY FOR CERTAIN COUNTIES. 

Be it enacted, etc., as follows: 

Section 1. The registers of probate and insolvency for Registers of 
the counties of Barnstable, Berkshire, Franklin, Hampden, Pn^hetcylor 
Hampshire, Middlesex, _ Suffolk and Worcester, shall be ["s'TlmrnTs 
allowed for clerical assistance, in addition to the amount cjcrrc^f ^°' 



178 



General Acts, 1919. — Chap. 237. 



assistance 
increased. 



Time of 
taking effect. 



now allowed by law, amounts not exceeding the following 
named sums, to be paid from the treasury of the common- 
wealth upon the certificate of the register, approved bj- a 
judge of probate and insolvency for the county concerned : — 
The register for the county of Barnstable, four hundred 
dollars; the register for the county of Berkshire, two hundred 
dollars; the register for the county of Franklin, four hun- 
dred dollars; the register for the county of Hampden, three 
hundred dollars; the register for the county of Hampshire, 
three hundred dollars; the register for the county of Middle- 
sex, one thousand dollars; the register for the county of 
Suffolk, two hundred dollars; and the register for the county 
of Worcester, two thousand dollars. 

Section 2. The said additional amounts shall be allowed 
from the first day of June in the current year. 

Approved June 12, 1919. 



Chaj).22>7 An Act to provide for the completion by the met- 
ropolitan WATER AND SEWTERAGE BOARD OF THE WELLES- 
LEY extension of THE SOUTH METROPOLITAN SEWERAGE 
SYSTEM. 

Be it enacted, etc., as folloios: 

The treasurer and receiver general, in order to provide for 
the completion of the exi;ension of the high-level sewer au- 
thorized by chapter three himdred and forty-three of the 
acts of nineteen hundred and fourteen, shall, with the ap- 
proval of the governor and council, issue from time to time 
scrip or certificates of debt in the name and behalf of the 
commonwealth and under its seal, to an amount not exceed- 
ing two hundred and twenty-five thousand dollars, in addi- 
tion to the amount authorized to be issued by said chapter 
and by chapter two hundred and eighty-five of the General 
Acts of nineteen hundred and seventeen; the rate of interest 
thereon to be such as the treasurer and receiver general, 
with the approval of the governor and council may fix. 
The said scrip or certificates shall be issued for terms not 
exceeding forty years, as recommended by the governor in 
his message to the general court dated April twenty-fourth, 
nineteen hundred and nineteen, in accordance with section 
three of Article LXH of the amendments to the constitu- 
tion; and the provisions of said chapter three hundred and 
forty-three and of cliapter four hundred and twenty-four of 



Treasurer and 
receiver 
general may 
issue scrip or 
certificates to 
provide for 
completion of 
Wellesley 
extension of 
south 

metropolitan 
sewerage 
system. 



General Acts, 1919. — Chap. 238. 179 

the acts of eighteen hundred and ninety-nine and of all 
acts in amendment thereof and in addition thereto shall 
otherwise, so far as they are applicable, apply to the in- 
debtedness and proceedings authorized by this act. 

Approved June 12, 1919. 



An Act to provide for the completion by the metro- Chap. 238 

POLITAN PARK COMMISSION OF NEPONSET BRIDGE OVER 
NEPONSET river BETWEEN THE CITIES OF BOSTON AND 
QUINCY. 

Be it enacted, etc., as follows: 

Section 1. In order to complete the Neponset bridge, completion by 
authorized by chapter three hundred of the General Acts of parkcom- 
nineteen hundred and fifteen, and to provide more adequately Nepon"e° 
for public travel thereon, the metropolitan park commission liu'ierof"^*^^^'^ 
may construct said bridge, and the approaches thereto and Q°'^n°cy.*°'^ 
street connections therewith, to a width of not less than 
se\'enty feet substantially in accordance with the plans 
already approved as required by said act, and for this pur- 
pose the said commission may exercise the powers conferred 
upon it by said chapter three hundred and by chapter two 
hundred and eighty-eight of the acts of eighteen hundred 
and ninety-four, and acts in addition thereto and in amend- 
ment thereof, and may expend the sums appropriated by 
section six of said chapter three hundred, as amended by 
chapter two hundred and twenty of the General Acts of 
nineteen hundred and seventeen, and the further sum of one 
hundred and seventy thousand dollars. 

Section 2. The cost of the additional work authorized be p^id?"" *° 
by this act, as determined by said commission, together with 
any interest on money borrowed, shall be paid as follows: — 
Twenty-three and nine seventeenths per cent by the city of 
Boston; seventeen and eleven seventeenths per cent by the 
city of Quincy ; five and fifteen seventeenths per cent by the 
county of Norfolk; two and sixteen seventeenths per cent 
by the county of Plymouth; and fifty per cent in the same 
manner as expenditures made from appropriations authorized 
to carry out the provisions of said chapter two hundred and 
eighty-eight, and acts in addition thereto and in amendment 
thereof. 

Section 3. To meet the expenses incurred hereunder, the Treasurer and 

, . , • 1 1 IX- receiver gen- 

treasurer and receiver general may, with the approval or erai may issue 

Doncis, etc. 



180 



General Acts, 1919. — Chap. 238. 



Metropolitan 
Parks Loan, 
Series Two. 



Collection of 
amounts to be 
paid by certain 
cities and 
counties, etc. 



Certain cities 
and towns 
may issue 
bonds, etc. 



Bay State 
Street Railw^ay 
Company, etc. 
not to be 
assessed. 



the governor and council, issue bonds or certificates of in- 
debtedness to an amount not exceeding one hundred and 
seventy thousand dollars, in addition to the amounts already 
authorized by said chapter two hundred and eighty-eight 
and acts in amendment thereof and in addition thereto, and 
as part of the Metropolitan Parks Loan, Series Two. Such 
bonds or certificates shall be issued as coupon or registered 
bonds, for terms not exceeding forty years, as recommended 
by the governor in his message to the general court dated 
April twenty-fourth, nineteen hundred and nineteen, in 
accordance with the provisions of section three of Article 
LXII of the amendments to the constitution, and shall bear 
interest at such rate as shall be fixed by the treasurer and 
receiver general with the approval of the governor and 
council, payable semi-annually on the first days of January 
and July. 

Section 4. The treasurer and receiver general shall, in 
the manner provided by section seven of said chapter three 
hundred, collect from the cities of Boston and Quincj'^ and 
the counties of Norfolk and Plymouth such proportion of 
the amounts to be paid by said cities and counties under 
this act as may be necessary to provide for the payment of 
the serial bonds and interest requirements of the addition to 
the Metropolitan Parks Loan, Series Two, herein authorized; 
and the cities of Boston and Quincy and the counties of 
Norfolk and Plymouth shall have the same authority to 
issue bonds and notes for the purpose of carrying out the 
provisions of this act that is conferred upon said cities and 
counties, respectively, by section eight of said chapter three 
hundred. The remaining requirements for serial bonds, 
interest and sinking fund payments shall be collected and 
paid in the manner set forth in chapter four hundred and 
nineteen of the acts of eighteen hundred and ninety-nine to 
meet the interest and sinking fund requirements of loans 
authorized to carry out the purposes of said chapter two 
hundred and eighty-eight, and acts in addition thereto and 
in amendment thereof. No part of the cost of the addi- 
tional work authorized by this act shall be paid by or assessed 
upon the Bay State Street Railway Company or such other 
street railway company as shall have a location on said 
bridge. Approved June 12, 1919. 



General Acts. 1919. — Chaps. 239, 240. 181 



An Act to establish the compensation of the members Chap.2Sd 
OF the general court. 

Be it enacted, etc., as follows: 

Section 1. Section eight of chapter three of the Revised ilc.^'amelded. 
Laws, as amended by section one of chapter six hundred 
and seventy-six of the acts of nineteen hundred and eleven, 
and by chapter sixty-two of the General Acts of nineteen 
hundred and eighteen, is hereby further amended by insert- 
ing after the word "thousand", in the second line, the 
words: — five hundred, — by striking out the word "the", 
in the third line, and substituting the word : — each, — by 
striking out the words "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", in 
the fourth, fifth and sixth lines, and by striking out the 
words "and two and one half dollars for every mile of ordi- 
nary travelling distance as aforesaid", in the eighth, ninth 
and tenth lines, so as to read as follows: — Section 8. Each Members of 
member of the general court shall receive one thousand five compensation 
hundred dollars for each regular annual session for which he *'* 
is elected. The president of the senate and the speaker of 
the house of representatives shall each receive double the 
compensation of other members. 

Section 2. The compensation established by this act '^V'?®"^ 
shall be allowed from the first day of January in the year 
nineteen hundred and nineteen. 

{This bill, returned by the governor to the house of repre- 
sentatives, the branch in which it originated, until Ms objections 
thereto, was passed by the house of representatives, June 10, 
and, in concurrence, by the senate, June 12, the objections of 
the governor notwithstanding, in the manner prescribed by the 
constitution; and thereby has the "force of a law".) 



An Act to authorize the trustees of the Norfolk Chap. 24:0 

COUNTY AGRICULTURAL SCHOOL TO ACQUIRE LAND AND 
construct CERTAIN BUILDINGS. 

Be it enacted, etc., as follmvs: 

Section 1. The trustees of the Norfolk County Agri- Jt''"!^^^"^ 
cultural School may purchase or take by right of eminent county 
domain certain land in said county and may construct a sSwfmay 



182 



General Acts, 1919. — Chap. 241. 



acquire land, 
etc. 

County com- 
missioners 
may issue 
bonds, etc. 



Takings of 
land, how to 
be made. 



barn and other necessary buildings for the use of the said 
schooL 

Section 2. For the purposes aforesaid, the county com- 
missioners of said county are hereby authorized to issue 
bonds of the county to an amount not exceeding twenty- 
five thousand dollars, the proceeds whereof shall be paid by 
the treasurer of the county to the trustees upon their requisi- 
tion. The bonds shall run for periods not exceeding fifteen 
years, shall bear interest at a rate not exceeding five per 
cent, payable semi-annually, and shall be issued in accord- 
ance with the provisions of section three of chapter one hun- 
dred and eighty-nine of the General Acts of nineteen hun- 
dred and fifteen, so far as the same are applicable. 

Section 3. All takings by right of eminent domain 
hereunder, and the award of compensation therefor, shall be 
made in the manner prescribed by law in respect to takings 
for highway purposes. 

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

Approved June 14, 1919. 



County 
treasurers, 
salaries 
establisiied. 



Chap.24:l An Act to establish the salaries of county treas- 
urers IN CERTAIN COUNTIES. 

Be it enacted, etc., as folloivs: 

Section 1. The annual salaries of county treasurers 
shall be adjusted by the officer paying the salary on the basis 
of population of the respective counties according to the 
following schedule : — 

Counties under 30,000, $750 

Counties of 30,000 but not exceeding 40,000, . . . 1,000 
Counties of 40,000 but not exceeding 50,000, . . . 1,250 
Counties of 50,000 but not exceeding 100,000, . . . 1,500 
Counties of 100,000 but not exceeding 150,000, . . . 1,750 
Counties of 150,000 but not exceeding 200,000, . . . 2,000 
Counties of 200,000 but not exceeding 300,000, . . . 2,250 
Counties of 300,000 but not exceeding 400,000, . . . 2,500 
Counties of 400,000 but not exceeding 500,000, . . . 2,750 

Counties of 500,000 and over, . 3,000 

In addition to the basic salary aforesaid, each treasurer shall receive 
additional compensation equal to the sum of one mill for each 
dollar of average annual receipts of his county, excluding loans, 
over a period of five years next preceding the date when each 
adjustment as hereinafter provided takes effect. 



Salaries to be SECTION 2. Salaries of treasurers shall be adjusted by 

basi's'^oTcrnsus thc officcr paying the salary on the basis of the census re- 
returns, etc. 



General Acts, 1919. — Chaps. 242, 243. 183 

turns of the state census in the year nineteen hundred and 
fifteen in accordance with the provisions of section one of 
this act, and the salaries when so adjusted shall be allowed 
from and after June first in the current year; and thereafter 
the said salaries shall be readjusted by the officer paying the 
salary in the year succeeding each state and national census, 
in accordance with the classification set forth in section one, 
and the salary so readjusted shall be allowed from the first 
day of January in the year of adjustment. 

Section 3. This act shall not apply to the counties of appiy°to*° 
Nantucket and Suffolk. The treasurer of the county of Nantucket 
Dukes County shall receive an annual salary of five hundred and Suffolk. 
dollars. 

Section 4. The provisions of this act shall not be so a^^. how 
construed as to reduce the salary of any present incumbent. 

Approved June 14, 1919. 



An Act to authorize the justices of the supreme QJidj) 242 

JUDICIAL court to EMPLOY ADDITIONAL STENOGRAPHERS 
IN THE COUNTY OF SUFFOLK. 

Be it enacted, etc., as folloics: 

The justices of the supreme judicial court, or a majority justices of 
of them, may employ one or more stenographers in the dai'^ourt" 
county of Suffolk who shall perform such stenographic service ™rcntionai°^ 
as may be required by the justices, at an annual expense not in'^suffoik^''" 
exceeding two thousand five hundred dollars, which shall be county. 
paid by the commonwealth upon the certificate of the chief 
justice. Nothing herein contained shall affect the provisions 
of sections eighty-three and eighty-eight of chapter one hun- 
dred and sixty-five of the Revised Laws, and the amend- 
ments thereof. The expenditure hereby authorized for the 
remainder of the current year is limited in amount to such 
sums as may subsequently be appropriated by the general 
court. Approved Jime 14, 1919. 



An Act to fix the minimum wage of scrubwomen Chav 243 

EMPLOYED BY THE COMMONWEALTH. 

Be it enacted, etc., as follows: 

The minimum wage paid to scrubwomen employed by the Minimum 
commonwealth shall be not less than fortv cents an hour, Tcrubwomen 

Approved June U, 1919. ^^^^t^^th 

fixed. 



184 



General Acts, 1919. — Chaps. 244, 245, 246. 



1918, 218 (G), 
§ 2, amended. 



Chap. 244 An Act relatr^ to the salaries of the inspection 

FORCE OF THE COMMISSIONER OF STANDARDS. 

Be it enacted, etc., as follows: 

Section two of chapter two hundred and eighteen of the 
General Acts of nineteen hundred and eighteen is hereby- 
amended by striking out the words "each of not more than 
fifteen hundred dollars", in the second and third lines, and 
substituting the words: — which shall be determined under 
the provisions of chapter two hundred and twenty-eight of 
the General Acts of nineteen hundred and eighteen, — so as 
to read as follows: — Section 2. The commissioner may ap- 
point seven inspectors at an annual salary which shall be 
determined under the provisions of chapter two hundred and 
twenty-eight of the General Acts of nineteen hundred and 
eighteen. They shall give bonds for the faithful performance 
of their duties. Approved June 14, 1919. 



Salaries of 
inspection 
force of com- 
missioner of 
standards. 



Chap. 245 ^^ ^^^ relative to the office force of the district 

ATTORNEY FOR THE SUFFOLK DISTRICT. 



1910, 439, § 4. 
amended. 



Office force 
of district 
attorney for 
Suffolk 
district, 
appointment, 
compensation, 
etc. 



Be it enacted, etc., as follows: 

Chapter four hundred and thirty-nine of the acts of nine- 
teen hundred and ten is hereby amended by striking out 
section four and substituting the following: — Section Jf.. 
The district attorney for the Suffolk district may, with the 
approval of the chief justice of the superior court, appoint 
such stenographers, telephone operators and other office 
assistants as, in his opinion, the interests of the common- 
wealth require, shall fix their compensation with the approval 
of the chief justice, and may remove them at his pleasure. 
The compensation of the said appointees shall be paid from 
the treasury of the county of Suffolk. 

Approved June 14, 1919. 



Chap. 24^^ An Act to provide for the appointment of deputy 

ASSISTANT clerks OF COURTS. 

Be it enacted, etc., as follows: 

Deputy ^^^ The clerks of the courts of the several counties, excepting 
of courts, the county of Suffolk, may designate such employee or eni- 

etc. ' ployees in their offices as, in their judgment, may be neces- 



General Acts, 1919. — Chap. 247. 185 

sary for the convenience of the public, as deputy assistant 
clerks of the courts, who shall have the same authority to 
administer oaths as the assistant clerks of the courts. 

Approved June 14, 1919. 

An Act to regulate transactions relating to the Chap. 247 

PURCHASE AND SALE OF SECURITIES AND COMMODITIES. 

Be it enacted, etc., as folloios: 

Section 1. Section four of chapter ninety-nine of the R. l. 99, §4. 
Revised Laws is hereby amended by adding at the end ^^^^ 
thereof the following: — If a purchase or sale of the securities 
or commodities ordered to be bought or sold is made by the 
person so employed on a stock exchange or board of trade, 
and other purchases or sales of such securities or commodities 
are made on the same day on such exchange or board by 
such person for others in due course of business, and the 
balance of such purchases or sales of securities or commodities 
is received or delivered by such person by direction of the 
clearing house of such exchange or board on the day when 
such purchase or sale or contract therefor is made, or on the 
regular clearing day of such exchange or board next there- 
after, which clearing day shall in no event be more than four 
days after such purchase or sale, or contract therefor, is 
made, such purchases and sales shall be deemed actual pur- 
chases and sales within the meaning of this section, — so as 
to read as follows: — Section 4- Whoever upon credit or Transactions 
upon margin contracts to buy or sell, or employs another to purehale*^nd 
buy or sell for his account, any securities or commodities, securities and 
intending at the time that there shall be no actual purchase commodities 

, p ^ ' • p regulated. 

or sale, may sue tor and recover in an action 01 contract 
from the other party to the contract, or from the person so 
employed, any payment made, or the value of anything 
delivered, on account thereof, if such other party to the 
contract or person so employed had reasonable cause to 
believe that said intention existed; but no person shall have 
a right of action under the provisions of this section if, for 
his account, such other party to the contract or the person 
so employed makes, in accordance with the terms of the 
contract or employment, personally or by agent, an actual 
purchase or sale of said securities or commodities, or a valid 
contract therefor. If a purchase or sale of the securities or 
commodities ordered to be bought or sold is made by the 
person so employed on a stock exchange or board of trade, 



186 



General Acts, 1919. — Chap. 248. 



R. L. 99, § 6, 
amended. 



Prima facie 
evidence of 
intent not to 
actually 
purchase or 
sell securities, 
etc. 



and other purchases or sales of such securities or commodities 
are made on the same day on such exchange or board by 
such person for others in due course of business, and the 
balance of such purchases or sales of securities or commodi- 
ties is received or delivered by such person by direction of 
the clearing house of such exchange or board on the day 
when such purchase or sale or contract therefor is made, or 
on the regular clearing day of such exchange or board next 
thereafter, which clearing day shall in no event be more than 
four days after such purchase or sale, or contract therefor, 
is made, such pm^chases and sales shall be deemed actual 
purchases and sales within the meaning of this section. 

Section 2. Section six of said chapter ninety-nine is 
hereby amended by inserting after the word "sections", in 
the second hne, the following: — if the person so employed 
does not make an actual transaction relieving him from 
liability under the provisions of section four, — so as to 
read as follows: — Section 6. In a proceeding under the 
provisions of the two preceding sections, if the person so 
employed does not make an actual transaction relieving him 
from liability under the provisions of section four, the fact 
that the seller or the person employing another to sell for 
his account did not own the securities or commodities at the 
time of the contract of sale or at the time of the giving of the 
order to sell, and the fact that settlements were made without 
the completion of the purchase or sale of the securities and 
commodities bought or sold or ordered to be bought or 
sold, shall each be prima facie evidence that within the 
meaning of section four there was an intention that there 
should be no actual purchase or sale, and that there was 
reasonable cause to believe that said intention existed; and 
the parties liable to an action under the provisions of said 
section shall be jointly and severally liable. 

Approved June 20, 1919. 



Chap.24iS An Act to provide for the appointment of a commission 

TO COMPLETE THE WORK OF REVISING AND CODIFYING 
the laws relating to TOWNS. 



Emergency 
preamble. 



Whereas, It is necessary that the report of the commission 
hereby established should be submitted not later than the 
fifteenth day of October in the current year in order that the 
same may be embodied in the forthcoming revision of the 
statutes, Avhich is to be presented to the general court not 



General Acts, 1919. — Chap. 249. 187 

later than the said date; therefore this law is hereby declared 
to be an emergency law, necessary for the immediate preserva- 
tion of the public convenience. 

Be it enacted, etc., as fullows: 

Section 1. A special commission of three persons, to be commission to 
appointed by the governor, is hereby established to com- of"evil*inJ^^nd 
plete the work of revising and codifying the laws relating [aws^rekftin'^g'' 
to towns which was undertaken and partly performed bv ^'^ ^^y-'^s, 

.. ., , I'Pi*^ appointment, 

the commission appointed under authority of chapter duties, etc. 
forty-seven of the resolves of nineteen hundred and eighteen. 
The commission shall report to the general court and file 
the report with the clerk of the senate not later than the 
fifteenth day of October, nineteen hundred and nineteen, 
with drafts of the legislation recommended by it, and shall 
append to its report a complete list of laws which take effect 
upon their acceptance by towns, and also a system of by- 
laws, approved by it, both as to form and substance, for 
adoption by towns. The members of the commission shall 
receive such compensation and may incur such necessary 
expenses as the governor and council may approve. 
Section 2. This act shall take effect upon its passage. 

Approved June 34, 1919. 



An Act relatr^e to the theft of motor vehicles. Chnt) 240 
Be it enacted, etc., as follmos: 

Section 1. Whoever steals an automobile or motor Penalty for 
cycle, and whoever receives or buys an automobile or motor tehiciel.'etc?"^ 
cycle knoAving the same to have been stolen; or conceals 
any automobile or motor cycle thief knomng him to be 
such; or conceals any automobile or motor cycle knowing 
the same to have been stolen, shall be punished by imprison- 
ment in the state prison for not less than five nor more than 
ten years. 

Section 2. A prosecution for the violation of any pro- Disposition of 
vision of this act shall not, unless the purposes of justice prosecutions, 
require such disposition, be placed on file or disposed of 
except by trial and judgment according to the regular 
course of criminal proceedings. It shall be otherwise dis- 
posed of only upon motion in writing, stating specifically 
the reasons therefor and verified by affidavit if facts are 
relied on. If the court or magistrate certifies in writing that 



188 



General Acts, 1919. — Chaps. 250, 251, 252. 



he is satisfied that the cause reUed on exists and that the 
interests of pubhc justice require the allowance thereof, 
such motion shall be allowed and said certificate shall be 
filed in the case. Approved June 21^, 1019. 



Chap.250 An Act to establish the salary of the court officer 

OF THE MUNICIPAL COURT OF THE DORCHESTER DISTRICT 
OF THE CITY OF BOSTON. 



Municipal 
court, 
Dorchester 
district of 
Boston, salary 
of court officer 
established. 
Repeal. 



Be it enacted, etc., as follows: 

Section 1. The salary of the court officer of the mu- 
nicipal court of the Dorchester district of the city of Boston 
shall be sixteen hundred dollars a year, to be so allowed from 
the first day of January in the current year. 

Section 2. Chapter seven hundred and twenty-five of 
tlie acts of nineteen hundred and thirteen, as amended by 
section two of chapter two hundred and eighty-two of the 
General Acts of nineteen hundred and seventeen, is hereby 
repealed. Approved June 24, 1919. 



Chap. 251 An Act to provide for an additional assistant clerk 
OF the superior court for civil business for the 

COUIJ^TY of SUFFOLK. 



Superior court 

for civil 

business, 

Suffolk 

county, 

additional 

assistant clerk, 

appointment, 

etc. 



Be it enacted, etc., as follows: 

The justices of the superior court, or a majority of them, 
may appoint an additional assistant clerk of that court for 
civil business in the county of Suffolk, who shall be subject 
to the provisions of law applicable to assistant clerks of said 
court in said county and who shall receive in full for all 
services performed by him an annual salary in accordance 
with the provisions of section one of chapter two hundred 
and eighty-seven of the General Acts of nineteen hundred 
and eighteen. Approved June 24, 1919. 



Chap. 252 An Act to regulate the dimensions of certain motor 

vehicles and trailers. 

Be it enacted, etc., as follmcs: 

Section 1. No commercial motor vehicle, motor truck, 
or motor-drawn vehicle shall be operated on any way in this 
commonwealth, as defined in section one of chapter five 
hundred and thirty-four of the acts of nineteen hundred 
and nine, and in the amendments thereof, the outside width 



Dimensions 
of motor 
vehicles and 
trailers 
regulated. 



General Acts, 1919. — Chap. 253. 189 

of which is more than ninety-six inches, or the extreme over- 
all length of which exceeds twenty-eight feet; except that Granting of 
such a vehicle exceeding twenty-eight feet may be operated h'yiolaF^"''' "" 
when a special permit so to operate is secured from the ^"*^°"*'^^- 
superintendent of streets, selectmen, or local road authorities 
having charge of the repair and maintenance of highways 
in the several cities and towns: provided, hoicever, that Proviso. 
where more than one vehicle or trailer is operated the length 
of such vehicles may exceed twenty-eight feet, but in no 
event shall all such vehicles or trailers so drawn or operated 
exceed sixty-five feet in length, over all. All of the aforesaid 
dimensions shall be inclusive of the load. 

Section 2. The Massachusetts highway commission, as state and 
to state highways, and the county commissioners, as to b°"whom^™**^' 
county highways, may likewise grant permits under this ^'^^"**'^- 
act. 

Section 3. Any person violating any provision of this Penalty. 
act, or of the terms of any permit granted hereunder, shall 
be punished by a fine of not more than one hundred dollars 
for each offence. Approved June 24, 1919. 

An Act giving certain preferences in public employ- Chap. 253 

MENT TO SOLDIERS, SAILORS ANT) IVIARINES. 

Be it enacted, etc., as foUoics: 

Section twenty-one of chapter five hundred and fourteen 1009,514, §21, 
of the acts of nineteen hundred and nine, as amended by ® ^" ''""^° " 
section one of chapter four hundred and seventy-four of the 
acts of nineteen hundred and fourteen, and by chapter two 
hundred and sixty of the General Acts of nineteen hundred 
and seventeen, is hereby further amended by • striking out 
the said section and substituting the following: — Section 21. Preferences in 

... PI- 111 • construction of 

In the employment 01 mechanics, teamsters and laborers in public works, 
the construction of public works by the commonwealth, or to be given 
by a county, city, town, or district, or by persons contracting saifors and 
therewith for such construction, preference shall first be "^"nes, etc. 
given to citizens of the commonwealth who have ser^'ed in 
the army or na\y of the United States in time of war and 
have been honorably discharged therefrom or released from 
active duty therein, and who are qualified to perform the 
work to which the employment relates; and secondly, to second prefer- 
citizens of the commonwealth generally, and, if they cannot ctoenl "^""^^ 
be obtained in sufficient numbers, then to citizens of the 
United States; and every contract for such works shall con- 



190 



General Acts, 1919. — Chaps. 254, 255, 256. 



Wages to 
be paid. 



Proviso. 



Penalty. 



tain a provision to this effect. The wages for a day's work 
paid to mechanics and teamsters employed in the construc- 
tion of public works as aforesaid shall be not less than the 
customary and prevailing rate of wages for a day's work in 
the same trade or occupation in the locality, city or town 
where such public works are con.structed : provided, however, 
that no city or to^sm in the construction of public works 
shall be required to give preference to veterans who are not 
residents of such city or town, over citizens of such city or 
town. Any contractor who knowingly and wilfully violates 
the provisions of this section shall be punished by a fine of 
not more than one hundred dollars for each offence. 

Approved June 24, 1919. 



Chap. 254: An Act to authorize the appointiment of an assist.\nt 

CLERK OF THE LEGISLATIVE DOCLTMENT DR'ISION. 

Be it enacted, etc., as folloics: 

The sergeant-at-arms, with the approval of the president 
of the senate and the speaker of the house of representatives, 
may annually appoint an assistant clerk of the legislative 
document division who shall receive a salary of thirteen 
hundred dollars a year. Approved June 24, 1919. 



Assistant clerk 

of legislative 

document 

division, 

appointment, 

etc. 



Chap. 255 An Act to establish the salary of the justice of the 

BOSTON juvenile COURT. 

Be it enacted, etc., as follows: 
Justice of 'Pile annual salary of the justice of the Boston juvenile 

juvenile court, court sliall bc four thousaud dollars. 

ettaWished. Approved June 24, 1919. 



Chap. 25^ An Act to authorize the state department of agri- 
culture TO establish demonstration sheep farms. 

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

d^Mtment SECTION 1. The statc department of agriculture may 

ma'^y establish cstabHsh demonstration sheep farms in such places in the 
demonstration commonwcalth as may be selected by the commissioner of 
agriculture. The said farms may be established in co- 
operation with the owner of any farm who is desirous of 
conducting a farm in conformity herewith. 
Farms, how SECTION 2, All persons conducting a demonstration 

to be main- i 11 • • , , • • i» 1 • 

tained, etc. shccp farm shall mamtain, under the supervision oi and m 



General Acts, 1919. — Chap. 257. 191 

accordance with such rules and regulations as may be pre- 
scribed by the said commissioner a flock of not less than 
twenty sheep, and may, under the direction of the com- 
missioner, purchase and sell from time to time such sheep as 
may be considered essential to the proper development of 
the industry in the locality of the demonstration farm, the 
sheep so purchased or sold to be passed upon as to their 
condition and freedom from disease by the department of 
animal industry. 

Section 3. The owner of every demonstration sheep owners to 
farm shall receive a reasonable compensation from the com- compensation 
monwealth for the use of the farm as such, for the labor and monweaith. 
expense involved in carrying out the provisions of this act, 
and for any loss involved in the purchase or sale of sheep 
made in accordance with the preceding section. 

Approved June ^^4, 1919. 



An Act relative to the termination of tenancies at Chap.257 

WILL. 

Whereas, The deferred operation of this act would defeat Emergency 
its purpose to provide immediate relief from hardship inci- 
dent to the present scarcity of houses and buildings available 
for habitation, it is accordingly declared to be an emergency 
law, necessary for the immediate preservation of the public 
safety and convenience. 

Be it enacted, etc., as follows: 

Section 1. Whenever a tenancy at will is terminated, ^^[ena^nctea" 
without fault of the tenant, either by operation of law or atwiu. 
by act of the landlord, except as provided in section twelve 
of chapter one hundred and twenty-nine of the Revised 
Laws, no action to recover possession of the premises shall 
be brought, nor shall the tenant be dispossessed until after 
the expiration of thirty days from the time when the tenant 
receives notice in writing of such termination; but such 
tenant shall be liable to pay rent for such time during the 
said period as he occupies or detains the premises, at the 
same rate as theretofore payable by him while a tenant at 
will. No notice given under the provisions of said section 
twelve, except a notice to quit for non-payment of rent, 
shall terminate a tenancy at will until after the expiration 
of thirty days from the giving of such notice. 



192 



General Acts, 1919. — Chap. 258. 



When act 
shall become 
null and void. 



Section 2. This act shall take effect upon its passage, 
but shall become null and void on the first day of February 
in the year nineteen hundred and twenty-one. 

Ay-proved June 27, 1919. 



Chap. 258 An Act to authorize the maintenance of a tempo- 
rary BRIDGE OVER NEPONSET RIVER IN THE CITIES OF 
BOSTON AND QUINCY, AND TO CEDE CERTAIN LAND TO 
THE UNITED STATES. 



Emergency 
preamble. 



United States 
may maintain 
a bridge oyer 
Neponset river 
in Boston and 
Quincy, etc. 



Common- 
wealth may 
cede certain 
land to 
United States. 



Provisos. 



Whereas, It is important both for the commonwealth and 
for the United States government that prompt action should 
be taken in respect to the bridge mentioned in this act; 
therefore it is hereby declared to be an emergency law, 
necessary for the immediate preservation of the public 
safety and convenience. 

Be it enacted, etc., as follows: 

Section 1. The United States government is hereby 
authorized to maintain for a period of five years from July 
first, nineteen hundred and nineteen, the temporary highway 
bridge, with a draw therein, built during the war over Ne- 
ponset river between Commercial Point in the city of Boston 
and Squantum in the city of Quincy, or to build and main- 
tain a permanent highway bridge, with a draw therein, over 
said river, at or near the site of said temporary bridge, in 
accordance with plans filed with the commission on water- 
ways and public lands and subject to such terms and condi- 
tions as said commission may prescribe. 

Section 2. For the purpose of enabling the United 
States of America to maintain said temporary bridge or to 
build and maintain said permanent bridge on or over land 
beyond the line of riparian ownership covered by navigable 
water, the commonwealth hereby grants and cedes to the 
United States jurisdiction over, and all right and claim of 
the commonwealth to, the land covered or occupied by said 
temporary bridge and its appurtenances, or to the land 
which would be covered or occupied by said permanent 
bridge and its appurtenances: prodded, that a copy of the 
plans specified in section one of this act shall be filed bj' the 
United States in the office of the secretary of the common- 
wealth within one year after the passage of this act; and 
provided, always, that the commonwealth shall retain con- 
current jurisdiction with the United States in and over said 



General Acts, 1919. — Chap. 259. 193 

ceded land, so far as that all civil processes, and such crimi- 
nal processes as may issue under the authority of the com- 
monwealth, may be executed on said ceded land and in any 
structure erected thereon, in the same manner as though 
this cession had not been made, and provided, further, that Proviso, 
the title to, and the exclusive jurisdiction over, said ceded 
land shall revert to, and revest In, the commonwealth, when- 
ever said land ceases to be used by the United States for the 
purposes herein mentioned. 

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

Approved June 27, 1919. 

An Act to regulate the purchase and sale of second- Chap. 259 

HAND MOTOR VEHICLES AND PARTS THEREOF. 

Be it enacted, etc., as follows: 

Section 1. No person, including throughout this act a Licenses 
firm or corporation, shall engage In the business of buying, purchase and 
selling, exchanging or assembling second-hand motor vehicles Scond-hand 
or parts thereof without securing a license as hereinafter ^"partr^'*^'^^ 
provided. *^^'*'°^- 

Section 2. Licenses granted hereunder shall be classified classification 

° of licenses. 

as follows: — 

Class 1 . — • Any person who is the recognized agent of a 
motor vehicle manufacturer, and whose principal business is 
the sale of new motor vehicles, the sale of second-hand 
motor vehicles being incidental thereto, may be granted an 
agent's license. 

Class 2. — Any person whose principal business Is the 
buying and selling of second-hand motor vehicles may be 
granted a used-car dealer's license. 

Class 3. — Any person whose principal business Is the buy- 
ing of second-hand motor vehicles for the purpose of remodel- 
ling, taking apart or rebuilding the same, or the buying or 
selling of parts of second-hand motor vehicles or tires, or the 
assembling of second-hand motor vehicle parts may be 
granted a motor vehicle junk license. 

Section 3. The licensing boards In cities having such Licenses, by 
boards, in other cities, the mayor and aldermen, in Boston granted. 
the police commissioner, and in towns the selectmen, may 
grant licenses hereunder which shall expire on the first day 
of January following the date of issue unless sooner revoked. 
The fee for the licenses shall be fixed by the licensing au- Fee for 
thorities, but in no case shall exceed fifty dollars. The "^®°^" 



194 



General Acts, 1919. — Chap. 259. 



Revocation of 
licenses. 



Certain 
licensees to 
retain vehicles 
or parts 
thereof on 
premises for 
four days, 
etc. 



Certain 
officials may 
enter upon 
premises used 
by licensees, 
etc. 



Penalty for re- 
fusing officer 
admittance to 
premises, etc. 



Penalty for 
doing business 
without license, 
etc. 



license shall specify all the premises to be occupied by the 
licensee for the purpose of carrying on the licensed business. 
Permits for a change of situation of the licensed premises or 
for additions thereto may be granted at any time by the 
licensing authorities in writing, a copy of which shall be 
attached to the license. All licenses granted hereunder shall 
be revoked by the licensing authorities if it appears, after 
hearing, that the licensee is not complying with the provi- 
sions of this act or of the rules and regulations made here- 
under; and no new license shall be granted to such person 
thereafter, nor to any person for use on the same premises, 
without the approval of the Massachusetts highway com- 
mission, hereinafter called the commission. The hearing 
may be dispensed with if the commission notifies the licensing 
authorities that a licensee is not so complying. 

Section 4. All second-hand motor vehicles or parts 
thereof purchased or taken in exchange by any licensee of 
class two or class three, or left on the premises of any such 
licensee for the purpose of sale, exchange, or assembly, shall 
be retained on the premises for four days unless the licensee 
receives the notice provided for in section ten. 

Section 5. The chief of police of a city, in Boston the 
police commissioner, the selectmen of a town or any police 
officer authorized by them, or an agent or inspector of the 
commission may at any time enter upon any premises used 
by any person licensed hereunder for the purpose of carrying 
on his licensed business, ascertain how he conducts the same 
and examine all second-hand motor vehicles or parts thereof 
kept or stored in or upon the premises, and all books, papers 
and inventories relating thereto. 

Section 6. A licensee hereunder, or a clerk, agent or 
other person in charge of the licensed premises, who refuses 
to admit thereto an officer authorized to enter the same, or 
who fails to exhibit to him on demand all such motor vehicles, 
parts thereof and books, papers, and inventories relating 
thereto; and any person who wilfully hinders, obstructs or 
prevents such officer from entering the premises or from 
making the examination authorized in the preceding section 
shall be punished by a fine of not more than two hundred 
dollars, or by imprisonment for not more than one year, or 
by both such fine and imprisonment. 

Section 7. Whoever, not being licensed, carries on the 
business described in sections one and two, or is concerned 
therein, or, being licensed, carries on such business or is con- 



General Acts, 1919. — Chap. 259. 195 

cerned therein in any other place or manner than that desig- 
nated in his Hcense, or after notice to him that his license 
has been revoked or suspended, shall be punished by a fine 
of not more than one hundred dollars for each offence. 

Section 8. Every licensee shall keep a book in such Licensees to 
form as shall be approved by the commission, in which, at pmchaTs^ 
the time of the purchase, sale, exchange, or receipt for the ^^^^^' ^^°' 
purpose of sale, of any second-hand motor vehicle or parts 
thereof, shall be legibl}'^ written in the English language an 
account and description of such motor vehicle or parts, 
together with the name and address of the seller, of the pm'- 
chaser, and of the alleged owner or other person from whom 
such motor vehicle or parts were purchased or received or 
to whom they were delivered, as the case may be. Such de- 
scription, in the case of motor vehicles, shall also include the 
engine number, if any, the maker's number, if any, chassis 
number, if any, and such other numbers or identification 
marks thereon, as shall be required by the commission, and 
shall also include a statement that a number has been obliter- 
ated, defaced, or changed if such is the fact. 

Section 9. Every licensee under classes two and three Licensees to 
shall send daily by mail to the commission a list, on blanks purchase", 
prescribed by it of the second-hand motor vehicles or parts MJfsg'achuseus 
thereof purchased or sold by him, or stored for the purpose Jjlfag-^n^and''' 
of sale, during the preceding twenty-four hours. A copy of '°*ifg '^'^j^^^ "^ 
such list shall also be sent daily to the local chief of police, 
and in Boston to the police commissioner. Every licensee 
under class one shall send the said list weekly, covering a 
period of seven days. 

Section 10. The chief of police of a city, the police com- Licensees may 
missioner in Boston, the selectmen of a town, or any officer from retaining 
authorized by them, and any agent or inspector of the com- parts thereof 
mission may, by notice in writing, release any person licensed o^^premises, 
hereunder, or any person described in section eleven, from 
retaining any second-hand motor vehicle or part thereof for 
the period prescribed in section four or section eleven. Upon 
receipt of such notice, such licensee or person shall be deemed 
to have complied v/ith the provisions of said sections. 

Section 11. Any person not licensed hereunder, selling saie of motor 
or offering to sell any motor vehicle, except to a person unlicensed 
licensed under class one of this act or to a person described '^«"°°^' ^*^- 
in section fourteen, shall, at least four days before such sale, 
notify in writing the commission and the chief of police or 
selectmen in the city or town in which the sale is to be made, 



196 



General Acts, 1919. — Chap. 260. 



Massachusetts 
highway com- 
mission may 
make rules 
and regula- 
tions. 



Penalty. 



Act not to 
apply to cer- 
tain pensons. 



or, if in Boston, the police commissioner, unless he has se- 
cured a release as provided in the preceding section. Such 
notice shall contain all the information required by law to be 
set forth in an application for the registration of motor 
vehicles, in this commonwealth, together with the names and 
addresses of the vendor and vendee. 

Section 12. The commission may, from time to time, 
subject to the approval of the governor and council, make 
rules and regulations not inconsistent with the provisions of 
this act relative to the purchase, sale, or exchange of second- 
hand motor vehicles or parts thereof. 

Section 13. Any person violating any provision of this 
act or any rule or regulation made by the commission here- 
under, unless another penalty is prescribed herein not in- 
cluding the revocation of a license, 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 14. This act shall not apply to any person 
whose principal business is the manufacture and sale of new 
motor vehicles, but who incidentally acquires and sells 
second-hand vehicles. Approved June 27, 1919. 



Chap. 260 An Act relative to the removal of attorneys at law. 
Be it enacted, etc., as folloics: 



R. L. 105, § 44, 
amended. 



Attorneys-at- 
law, how re- 
moved, etc. 



Removal pro- 
ceedings to be 
conducted by 



Section forty-four of chapter one hundred and sixty-five of 
the Revised Laws is hereby amended by adding at the end 
thereof the following words : — Whenever a petition is filed 
for the removal of an attorney the proceedings thereafter 
shall be conducted by the attorney-general, or such person 
as he may designate with the approval of the court: j^fo- 
vided, such person so appointed, if he be other than an 
assistant attorney-general, shall receive no compensation for 
his services, — so as to read as follows: — Section 44- An 
attorney may be removed by the supreme judicial court or 
the superior court for deceit, malpractice or other gross mis- 
conduct, and shall also be liable in damages to the person 
injured thereby, and to such other punishment as may be 
provided by law; and the expenses and costs of the inquiry 
and proceedings in either court for the removal of an attor- 
ney shall be paid as in criminal prosecutions in the superior 
court. Whenever a petition is filed for the removal of an 
attorney the proceedings thereafter shall be conducted by 



General Acts, 1919. — Chaps. 261, 262, 263. 197 

the attorney-general, or such person as he may designate attomey- 
with the approval of the court: provided, such person so Proviso. 
appointed, if he be other than an assistant attorney-general, 
shall receive no compensation for his services. 

Approved June 27, 1919. 

An Act relative to the disposition of the uniforms Chav 261 

USED BY the state GUARD. 

Be it enacted, etc., as follows: 

The enlisted men who served throughout their two years' Disposition of 
enlistment in the state guard, or who have served less than by gtltTgulfrd 
two years in a company which has been, or hereafter is, dis- 
banded, and who have been honorably discharged therefrom, 
shall be allowed to retain their uniforms, including overcoats. 

Approved June 27, 1919. 

An Act to provide for the determination of disputed Qhav 262 
boundaries between counties, cities, towns or dis- 

TRICTS. 

Be it enacted, etc., as folloics: 

Section 1. If the true boundary between two or more Determination 
adjacent counties, cities, towns or districts is doubtful or boundaHw 
in dispute, the land court shall have jurisdiction to determine ^esTdtLsr'" 
the location thereof upon the petition of one or more of such dirtrict^s' 
counties, cities, towns and districts and after such notice to 
all other counties, cities, towns and districts interested as 
the court shall order, and the court may make such order as 
to the setting of durable bounds to perpetuate the lines the 
location of which is so determined, and as to the costs and 
expenses of the proceedings, as law and justice may require. 

Section 2. Practice and procedure under this act shall Practice and 
conform as nearly as possible to other proceedings in the underact. 
land court, and questions of law may be reported by the 
court, or taken to the supreme judicial court by any party 
aggrieved, in the same manner as in other proceedings in 
said court. Approved June 27, 1919. 

An Act relative to the liens of cities and towns on Chav 263 
real estate taken for non-payment of taxes. 

Be it enacted, etc., as follows: 

Whenever a city or town shall have purchased or taken Liens of cities 
real estate for payment of taxes the lien of the city or town real estate °" 



198 



General Acts, 1919. — Chaps. 264, 265. 



taken for non- qj-^ g^^.}^ yqq\ estate for all taxes assessed subsequently to the 

payment of p i • i i i i 

taxes. assessment tor payment oi which the estate was purchased 

or taken shall continue, and it shall not be necessary for the 
city or town to take or sell the said real estate for non-pay- 
ment of said subsequent taxes, costs and interest; and on 
either redemption from, or foreclosure of the right of re- 
demption under, such taking or purchase, said subsequent 
taxes, costs and interest shall be paid to the city or town, 
and the payment shall be made a part of the terms of re- 
demption. Approved June 27, 1919. 



Chap. 2^4: An Act to establish the salary of the messenger of 

THE MUNICIPAL COURT OF THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Section 1. The annual salary of the messenger of the 
municipal court of the city of Boston shall be twenty-three 
h.undred dollars, payable by the county of Suffolk. 

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

Approved June 27, 1919. 



Messenger, 
Boston 
municipal 
court, salary 
established . 



Additional 
clerks of 

courts, 
Middlesex 
county, 
appointment, 
salaries, etc. 



Chap.2Q5 An Act to authorize the appointment of additional 
assistant clerks of courts in the county of middle- 
sex. 

Be it enacted, etc., as follows: 

Section 1. In addition to the assistant clerks of courts 
in the county of Middlesex now pro\aded for by law, the 
clerk of courts for the said county may, if in his judgment 
the efficiency of the courts so requires and subject to the 
approval of a justice of the supreme judicial or superior 
court, from time to time appoint not more than two addi- 
tional assistant clerks, one of whom may be a woman, and 
may, subject to like approval, fix their salaries, but at 
amounts not exceeding twenty-fiA^e hundred dollars a year 
in any instance. 

Section 2. Assistant clerks of courts appointed under 
the provisions of this act shall severally have the duties, 
powers and authority of assistant clerks of the courts as 
now provided by law. 

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

Approved June 27, 1919. 



Duties, 
powers, etc. 



General Acts, 1919. — Chaps. 266, 267. 199 



An Act relative to the salaries or agents of the (jfiQ^jj 266 

IVL\SSACHUSETTS BUREAU OF PRISONS. 

Be it enacted, etc., as follows: 

Section 1. Male agents of the bureau of prisons em- Agents of 
ployed under the provisions of chapter eight hundred and prisoM° 
twenty-nine of the acts of nineteen hundred and thirteen, established. 
as affected b.v chapter two hundred and forty-one of the 
General Acts of nineteen hundred and sixteen, shall each 
receive an annual salary not exceeding eighteen hundred 
dollars. Female agents of the said bureau shall each receive 
an annual salary not exceeding fourteen hundred dollars. 

Section 2. The increases in salary provided for by this Time of 
act shall not take effect until an appropriation has been 
made sufficient to cover the same, and then as of the first 
day of June in the current year. 

Approved June 27, 1919. 



An Act to establish the salaries of the messengers (jjidj) 267 
OF the justices of the supreme judicial court and 

OF the superior court in the county of SUFFOLK. 

Be it enacted, etc., as follows: 

Section 1. The messenger of the justices of the supreme Messenger of 
judicial court in the county of Suffolk shall hereafter receive supreme"^ 
an annual salary of twenty-five hundred dollars, of which ^Suffolk '^°"'^*' 
twenty-one hundred dollars shall be paid by said county and H'^^^^'' 
four hundred dollars by the commonwealth. established. 

Section 2. The messenger of the superior court in the Messenger of 
county of Suffolk shall hereafter receive from said county an lu^^Jik'^ ''°"'^*' 
annual salarv of twentv-five hundred dollars. county salary 

" .' , established. 

Section 3. The said salaries shall be allowed from and Time of 
after the first day of July, nineteen hundred and nineteen. *a'^°§ <^^'^<=*^- 

Section 4. This act shall take effect upon its acceptance to be sub- 
by the mayor and city council of the city of Boston, in mayor and 
accordance with the provisions of its charter, provided that f^^ council, 
such acceptance occurs prior to the thirty-first day of Decern- Proviso. 
ber in the current year. Approved June 27, 1919. 

[Accepted, July 23, 1919.) 



200 



General Acts, 1919. — Chaps. 268, 269. 



R. L. 175, § 21, 
etc., amended. 



C hap. 2Q8 An Act RELATI^^E to the admission as evidence of 
RECORDS or conviction of witnesses. 

Be it enacted, etc., as follows: 

Section twenty-one of chapter one hundred and seventy- 
five of the Revised Laws, as amended by chapter eighty-one 
of the acts of nineteen hundred and thirteen, and by chapter 
four hundred and six of the acts of nineteen hundred and 
fourteen, is hereby further amended by striking out the 
word "fifteen", in the fifth fine, and substituting the word: 
— ten, — so as to read as follows: — Section 21. The con- 
viction of a witness of a crime may be shown to affect his 
credibility; but the conviction of a witness of a misdemeanor, 
after the lapse of five years from the date of such conviction, 
and the conviction of a witness of a felony, after the lapse 
of ten years from the date of the expiration of his term of 
imprisonment therefor, shall not be shown to affect his credi- 
bility unless there has been a subsequent conviction of the 
witness within the above mentioned periods. 

Approved June 27, 1919. 



Competency of 
witness 
convicted of 
crime, etc. 



C/iap. 269 An Act relative to primaries, caucuses and elections. 
Be it enacted, etc., as follows: 



1913, 835, §§ 1, 
36, 37, 62, 86, 
91, 198, 219, 338, 
340, 341, 342, 
344, 379, 380, 
etc., amended. 



1913, 835, § 26, 
amended. 



Registrars of 
voters in small 
towns. 



Section 1. Sections one, thirty-six, thirty-seven, sixty- 
two, eighty-six, ninety-one, one hundred and ninety-eight, 
two hundred and nineteen, three hundred and thirty-eight, 
three hundred and forty, three hundred and forty-one, three 
hundred and forty-two, three hundred and forty-four, three 
hundred and seventy-nine, and three hundred and eighty, 
of chapter eight hundred and thirty-five of the acts of nine- 
teen hundred and thirteen, and acts in amendment thereof, 
are hereby amended by striking out the word "annual", as 
applied to state primaries and elections, wherever it occurs, 
and substituting in each case the word: — biennial. 

Section 2. Said chapter eight hundred and thirty-five is 
hereby amended by striking out section twenty-six and 
substituting the following: — Section 26. In every town 
having less than three hundred voters registered therein for 
the biennial state election, the selectmen and the town clerk 
shall constitute a board of registrars of voters; but when 
three hundred voters shall so be registered, a board of regis- 
trars shall, in the succeeding year be appointed, as provided 



General Acts, 1919. — Chap. 269. 201 

in the preceding section, and shall continue to perform the 
duties of registration until the number of voters so registered 
for two successive biennial state elections shall be less than 
three hundred, whereupon, on the first day of April following 
such second biennial state election, the said board shall cease 
to exist, and thereafter the selectmen and town clerk shall 
constitute a board of registrars of voters. 

Section 3. Section twenty-seven of said chapter eight i^i^, m. § 27. 
hundred and thirty-five is hereby amended by striking out 
the words "at the preceding annual state election", in 
the fifth line, so as to read as follows : — Section 27. In the Registrars of 

• • ^ ^ ' 1 !• •, . I'ji voters, political 

origmai and m each succeedmg appointment and in the representation. 

filling of vacancies, registrars of voters shall be so appointed 

that the members of the board shall, as equally as may be, 

represent the two leading political parties, and in no case 

shall an appointment be so made as to cause a board to 

consist of more than two members who, including the city or 

town clerk, are of the same political party. 

Section 4. Section sixty-six of said chapter eight hun- 1913, 835, § 66. 
dred and thirty-five is hereby amended by striking out the '*"'®" ^ 
words "an annual state", in the second line, and substituting 
the words: — a biennial state, or an annual, — so as to read 
as follows: — Section 66. They shall forthwith, after the Returns of as- 
final day for registration before a biennial state, or an annual registered 
city or town election, certify to the secretary of the com- ^°®'^'®''- 
monwealth the number of assessed polls, the number of regis- 
tered male and female voters in the city or town, and in 
each ward and precinct therein, and the number of persons 
who by law are entitled to vote for a part only of the whole 
number of officers to be chosen at a state election in such 
city or town and in each ward and precinct therein, with 
the titles of the officers for whom such persons are entitled 
to vote. In cities in which the city clerk is not a member of 
the board of registrars, the registrars shall likewise, after 
the last day for registration for a city election, certify to the 
city clerk the number of registered male and female voters 
in the city, and in each ward and voting precinct therein. 

Section 5. Section sixty-eight of said chapter eight i9i3. 835, § 68, 

"J ^ 111 • e ^*°' amended. 

hundred and thirty-five, as amended by section one or 
chapter six hundred and seventy-six of the acts of nineteen 
hundred and fourteen, is hereby further amended by striking 
out the word "annual", in the third line, and substituting 
the word: — biennial, — and by striking out the word "four- 
teen", in the fourth line and substituting the word: — 



202 



General Acts, 1919. — Chap. 269. 



List of male 
voters before a 
new division of 
a city into 
wards, etc. 



1913, 835, § 83, 
etc., amended. 



Sessions of 
board of elec- 
tion commis- 
sioners of 
Boston for 
registration. 



1913, 835, § 85, 
amended. 



twenty-four, — so as to read as follows : — Section 68. The 
registrars in every city, and in Boston the election commis- 
sioners, after the biennial state election in the year nineteen 
hundred and twenty-four, and in every tenth year there- 
after, shall, for the purpose of furnishing to the city council 
and the board of aldermen the information necessary for a 
new division of the city into wards and voting precincts, 
deliver to the city clerk, on or before the first Tuesday after 
the said state election, a list of all male voters therein who 
were registered for such election, which shall so be arranged 
as to show the number of such voters residing in each ward 
and precinct, if any, by streets. The registrars and in 
Boston the election commissioners, shall like-wise in any 
other year, upon request of the board of aldermen, furnish, 
for the purpose of dividing the ward into voting precincts, a 
list of the male voters of any ward in the city, arranged as 
aforesaid. 

Section 6. Section eighty-three of said chapter eight 
hundred and thirty-five, as amended by chapter fort\'-eight 
of the General Acts of nineteen hundred and fifteen, is 
hereby further amended by striking out the word "annual", 
in the seventh and thirteenth lines, and substituting in 
each case the word: — biennial, — by striking out the words 
"annual state election", in the ninth line, and substituting 
the words : — first day of November, — so as to read as fol- 
lows: — Section 83. Said board shall hold such day sessions 
as the city may by ordinance prescribe, and such additional 
sessions as they shall deem necessary. They shall, in any 
event, hold in or near each ward in said city not less than 
ten evening sessions, each of at least three hours' duration, 
between the first day of September and the close of registra- 
tion before the biennial state election, and not less than five 
such evening sessions between the first day of November and 
the close of registration before the annual city election. They 
shall also hold at their principal office a continuous session 
from nine o'clock in the morning until ten o'clock in the 
evening on the twentieth day preceding the biennial state 
election, and a like continuous session on the twentieth day 
preceding the annual city election, and a continuous session 
from twelve o'clock noon until ten o'clock in the evening on 
the seventh day preceding a special election. 

Section 7. Section eighty-five of said chapter eight hun- 
dred and thirty-five is hereby amended by striking out the 
word "annually", in the first line, by striking out the word 



General Acts, 1919. — CnAr. 269. 



203 



"annual", in the second line, and substituting the word: — 
biennial, — and by inserting after the word "election", in 
the second line, the words: — and in odd numbered years 
before the annual city election, — so as to read as follows: 
— Section 85. Said board shall after the close of registra- street lists of 
tion and before the biennial state election and in odd num- mad"by board 
bered years before the annual city election, make, by pre- commSnera 
cincts, from the annual register, street lists of the voters to °^ Boston. 
be used as the voting lists at elections. Each list shall con- 
tain not less than two hundred names, and names shall be 
added to or taken therefrom, as persons are found qualified 
or not qualified to vote. Said lists shall be in the following 
form : — 

— ■ ■ Street. 





Name of Voter. 


Residence, Number, 

or Other Desig- 
nation, April 1, of the 
Year of Election. 


Length of 
Residence in City. 


Personal 
Description. 




6 

< 


'S 


■53 

















Section 8. Section eighty-eight of said chapter eight 1913, 835, § 88. 
hundred and thirty-five, as amended by section twelve of 
chapter seven hundred and ninety of the acts of nineteen 
hundred and fourteen, is hereby further amended by striking 
out the word "annually", in the first line, and substituting 
the words: — at the primaries before each biennial state 
election, — by striking out the words "one year", in the third 
line, and substituting the words: — tw^o years, — and by in- 
serting after the word "January", in the twelfth line, the 
words: — next following their election, — so as to read as 
follows: — Section 88. Each political party shall at the state commit- 
primaries before each biennial state election, elect a state t^m,^il^*'°°' 
committee, the members of which shall hold office for two 
years from the first day of January next following their 
election and until their successors shall have organized. 
Said committee shall consist of one member from each 
senatorial district to be elected at the state primaries, and 
such number of members at large as may be fixed by the 
committee to be elected at the state convention; and the 
person who in the aggregate of all the ballots cast in each 
district for such district members shall receive the highest 
number of such votes shall be the member elected. 



204 



General Acts, 1919. — Chap. 269. 



Organization. 



Lists of 
menibers and 
officers to be 
filed. 



\'acancies. 



1913, 835, § 89, 
etc., amended. 



Ward and town 
cominittees, 
election, term, 
etc. 



City com- 
mittee. 



Town, ward 
and city 
committees, 
organization. 



Lists of officers 
and members 
to be filed. 



Vacancies. 



The members of the state committee shall, in January, 
next following their election, meet and organize by the choice 
of a chairman, a secretary, a treasurer and such other officers 
as they may decide to elect. 

The secretary of the state committee shall, within ten days 
after such organization, file with the secretary of the com- 
monwealth, and send to each city and town committee, a 
list of the members of the committee and of its officers. 

A vacancy in the office of chairman, secretary or treasurer 
of the committee or in the membership thereof shall be filled 
by the committee, and a statement of any such change shall 
be filed as in the case of the officers first chosen. 

Section 9. Said chapter eight hundred and thirty-five, 
as amended by section thirteen of said chapter seven hun- 
dred and ninety and by section one of chapter forty-two of 
the General Acts of nineteen hundred and fifteen is hereby 
further amended by striking out section eighty-nine and 
substituting the following : — Section 89. Each political 
party shall, in every ward and town, elect at the primaries 
before each biennial state election, a committee to be called 
a ward or a town committee, to consist of not less than three 
persons, who shall hold office for two years from the first 
day of January next following their election and until their 
successors shall have organized. 

The members of the several ward committees of a political 
party in a city shall constitute a committee to be called a 
city committee. 

Each town committee shall, between the first day of Jan- 
uary and the first day of March next following their election, 
and each ward and city committee shall, within thirty days 
after the beginning of its term of office, meet and organize 
by the choice of a chairman, a secretary, a treasurer and 
such other officers as it may decide to elect. At such meet- 
ing the committee may add to its numbers. 

The secretary of each city and town committee shall, 
within ten days after its organization, file with the secretary 
of the commonwealth, with the city or town clerk and with 
the secretary of the state committee of the political party 
which it represents, a list of the officers and members of the 
committee. 

A vacancy in the office of chairman, secretary or treasurer 
of a city, ward or town committee shall be filled by the com- 
mittee, and a vacancy in the membership of a ward or town 
committee shall be filled by such committee, and a statement 



General Acts, 1919. — Chap. 269. 205 

of any such change shall be filed as in the case of the officers 
first chosen. 

Section 10. Said chapter cidit hundred and thirty-five, i^'s, c'35, § 90, 

1 1 1 1 p 1 /^ 1 A !• ^^'^' amencled. 

as amended by chapter one hundred 01 the (jenerai Acts of 
nineteen hundred and fifteen, is hereby further amended by 
striking out section ninety and substituting the following: — • 
Section 90. Upon a re-division of a city into wards, any Election of 

,.,, . 'ii 1 T 11 ward commit- 

political party may in the next succeedmg calendar year tees upon re- 
elect its ward committees for such terms, not exceeding the citTinto^wards. 
length of the terms for which the former committees were 
chosen, as the city committee existing at the time of calling 
the caucuses may determine, and thereafter shall elect such 
committees at the times and for the terms prescribed by law. 
The caucuses for the choice of such ward committees shall 
be called by the city committee in existence at the time, and 
shall be subject to such reasonable notice as said city com- 
mittee shall determine. 

Section 11. Section one hundred and ninety-two of amended.^ ^^^' 
said chapter eight hundred and thirty-five is hereby amended 
by striking out the words "five preceding annual", in the 
ninth line, and substituting the words: — three preceding 
biennial, — -so as to read as follows: — Section 192. Each Nominations 
party may, at primaries, caucuses or conventions held in caucu'sMTiS' 
accordance with the provisions of this act, make as many conventions. 
nominations of candidates for each office as there are persons 
to be elected thereto, and no more, and shall be entitled to 
have the names of such candidates placed upon the official 
ballot. A party may make a nomination for an office to be Nominations 
filled by election in the commonwealth, or in any district, partfes!*'" 
county, city, town or ward, when at the three preceding 
biennial elections it polled in the commonwealth, or in such 
district, county, city, town or ward, respectively, a number 
of votes for governor equal to the number of voters required 
to nominate by nomination papers a candidate for the office 
so to be filled. 

Such party shall be entitled to have the names of all Placing names 

T 1 • 11 1 rr> • 1 1 11 of candidates 

candidates so nominated placed upon the official ballot upon upon official 
filing a certificate of nomination as hereinafter provided. 

Section 12. Section two hundred and thirty of said amended.^ ^^°' 
chapter eight hundred and thirty-five is hereby amended by 
striking out the words "annual state election", in the third 
line, and substituting the words: — first day of November, 
— so as to read as follows: — Section 230. If a vacancy in Fining of 
the number of the election officers occurs before the twentieth the number of 

election officers. 



206 



General Acts, 1919. — Chap. 269. 



1913, 835, § 241, 
amended. 



Polling places, 
designation, 
preparation, 
etc. 



Voting booths 
may be placed 
in highways, 
etc. 



Certain build- 
ings not to be 
used, etc. 



Notice to be 
given, etc. 



1913, 835, § 277, 
etc., amended. 



day of September in any year, or, in a city, after the first 
day of November and one week at least before the annual 
city election, or if an election officer declines his appointment 
and gives notice thereof to the city or town clerk, or in Boston 
to the election commissioners, before the twentieth day of 
September, or, if at a special election the office of an election 
officer is vacant, the mayor, with the approval of the alder- 
men, or the selectmen, shall fill the vacancy; and the ap- 
pointment shall be so made as to prese^^•e the equal repre- 
sentation of the two leading political parties. Appointments 
to fill vacancies may be acted upon immediately by the 
board of aldermen. In Boston such vacancies shall be filled 
by the election commissioners. 

Section 13. Section two hundred and forty-one of said 
chapter eight hundred and thirty-five is hereby amended 
by striking out the word "annual", in the fourth line, and 
substituting the word : — biennial, — and by inserting before 
the word "city", in the fifth line, the word: — annual, — so 
as to read as follows : — Section 241 . The aldermen in cities, 
except where city charters provide otherwise, and the select- 
men of every town divided into voting precincts, and in 
Boston the election commissioners, shall, twent}' days at 
least before the biennial state or annual city election and 
ten days at least before any special election of a state or 
city officer therein, designate the polling place for each 
voting precinct and shall cause it to be suitably fitted up and 
prepared therefor. In a city or town which has provided 
voting booths such booths may be placed in the highways 
of such city or town, provided said highways are left reason- 
ably safe and convenient for public travel. It shall be in a 
public, orderly and convenient portion of the precinct; but 
if no such polling place can be had within the precinct, they 
may designate a polling place in an adjoining precinct. No 
building or portion of a building shall be designated or used 
as a polling place in which intoxicating liquor has been sold 
within the thirty days preceding the day of the election. 
When the polling places have been designated, the aldermen, 
and in Boston the election commissioners, shall, in at least 
five public places in each precinct of the city, and selectmen, 
in at least three public places in each precinct of the town, 
forthwith post a printed description of the polling places 
designated, and may give further notice thereof. 

Section 14. Section two hundred and seventy-seven of 
said chapter eight hundred and thirty-five, as amended by 



General Acts, 1919. — Chap. 269. 207 

section one of chapter two hundred and forty-seven of the 
General Acts of nineteen hundred and sixteen, is hereby 
further amended by striking out the word "annual", in 
the first and seventh lines, and substituting in each case the 
word :— biennial, — and by inserting after the word "No- 
vember", in the sixth line, the words: — in every even 
numbered ^'ear, — so as to read as follows : — Section 277. Biennial state 

mi i''"i I'pii" i> ^• election, date, 

1 he biennial state election tor the choice or governor, lieu- officera to be 
tenant governor, councillors, secretary, treasurer and re- 
ceiver general, attorney-general, auditor of the common- 
wealth, and senators and representatives in the general 
court, shall be held on the Tuesday next after the first Mon- 
day in November in every even numbered yeox. There 
shall also be chosen at the biennial state election, when 
required by law, presidential electors, and senators in con- 
gress, and, in their respective districts or counties, representa- 
tives in congress, district attorneys, clerks of the courts, 
registers of probate and insolvency, registers of deeds, 
county commissioners, associate commissioners, sheriffs and 
county treasurers. 

Section 15. Section two hundred and seventy-eight of ^^^|'„^f^i ^ ^^s. 
said chapter eight hundred and thirty-fi^'e is hereby amended 
by striking out the word "annual", in the twelfth line, and 
substituting the word : — biennial, — and by inserting before 
the word "city", in the thirteenth line, the words: — and 
the annual, — so as to read as follows: — Section £75. S'''l*^ ^°'' ■ 

•n/r" PI i> 1 ' i> • elections in 

Meetings of the voters of each city for the election of state '='''«'s. 
officers and city officers shall be called by the aldermen, and 
the city clerk shall, under their direction, cause notice of 
such meetings to be printed in one or more newspapers 
published in such city and to be conspicuously posted in the 
office of the city clerk; and in Boston, in at least four daily 
newspapers published therein. Such notices shall be in lieu 
of the notices or warrants for election required in any city by 
special statutes. Meetings of the voters of each town for in towns. 
the election of state officers and town officers shall be called 
as provided in section three hundred and ninety-four. Meet- Seven days' 
ings for the biennial state, and the annual city and town gh^en^ ^° ^^ 
elections shall be called at least seven days before the day 
prescribed for the holding thereof. 

Section 16. Said chapter eight hundred and thirty-five 1013. 835. § ssi, 
is hereby amended by striking out section three hundred and '^'"''"''®'^- 
eighty-one and substituting the following: — Section 55./. Senators in 
At the biennial state election in the year nineteen hundred tion° 



208 General Acts, 1919. — Chap. 269. 

and twenty-two, and in every sixth year tliereafter, and in 
the year nineteen hundred and twenty-four and in every 
sixth year thereafter, a senator in congress shall be chosen 
by the voters of the commonwealth. 

amended ^ ^^"' Section 17. Scctiou three hundred and eighty-two of 
said chapter eight hundred and thirty-five is hereby amended 
by striking out the words "the annual", in the first line, and 
substituting the words: — each biennial, — and by striking 
out the words "in every even numbered year", in the first 

Representatives and sccoud lincs, SO as to read as follows: — Section 382. 

in congress, . ii'*i i* •• 

election. At cach biennial state election a representative in congress 

shall be chosen by the voters in each congressional district. 

1913, 835 § 3S3, Section 18. Scctiou three hundred and eightv-three of 

amenciecl. , . . . 

said chapter eight hundred and thirt.^-five is hereby amended 
by striking out the word "annual", in the first line, and 
substituting the word: — biennial, — by striking out the 
word "thirteen", in the second line, and substituting the 
word : — twenty-two, — and by striking out the word 
"third", in the same line, and substituting the word: — 
District at- foui'tli, — SO as to read as follows: — Section 383. At the 

tornovs g1pc~ • • • • • 

tion. " biennial state election in the year nineteen hundred and 

twenty-two, and in every fourth year thereafter, a district 
attorney shall be chosen by the voters in each of the districts 
into which the commonwealth is divided for the administra- 
tion of the criminal law. 

^mendtd ^ ^^^' Section 19. Scctiou three hundred and eighty-four of 
said chapter eight hundred and thirty-five is hereby amended 
by striking out the word "annual", in the first line, and 
substituting the word : — biennial, — by striking out the 
word "sixteen", in the second line, and substituting the 
word : — twenty-two, — and by striking out the word 
"fifth", in the same line, and substituting the word: — sixth, 

Clerks of — SO as to read as follows: — Seciion 38 Jf. At the biennial 

cour s, e c I . ^^^^^ elcctioii iu thc year nineteen hundred and twenty-two, 
and in every sixth year thereafter, a clerk of tlie supreme 
judicial court for the county of Suffolk, and two clerks of 
the superior court, one for civil and one for criminal business, 
shall be chosen by the voters in said count}'; and, by the 
voters in each of the other counties, a clerk of the courts 
who shall act as clerk of the supreme judicial court, of the 
superior court and of the county commissioners. 

1913, 835. § 385, SECTION 20. Scction three hundred and eighty-five of 

amenaea. ^ , . . 

said chapter eight hundred and thirty-five is hereb}' amended 
by striking out the word "annual", in the first line, and 



General Acts, 1919. — Chap. 269. 209 

substituting the word: — biennial, ^ — by striking out the 
word "thirteen", in the second Hne, and substituting the 
word : — twenty-four, — and by striking out the word 
"fifth", in the same line, and substituting the word: — 
sixth, — so as to read as follows : — Section 385. At the Registers of 
biennial state election in the year nineteen hundred and fn^oivencyf 
twenty-four, and in every sixth year thereafter, a register of election. 
probate and insolvency shall be chosen by the voters of each 
county. 

Section 21. Section three hundred and eighty-six of said ^^'3, sss § ass. 
chapter eight hundred and thirty-five is hereby amended by 
striking out the word "annual", in the first line, and substi- 
tuting the word: — biennial, ^ — by striking out the word 
"sixteen", in the second line, and substituting the word: 
— twenty-two, — and by striking out the word "fifth", in 
the same line, and substituting the word : — sixth, — so as 
to read as follows: — Section 3SG. At the biennial state Registers of 
election in the year nineteen hundred and twenty-two, and '^^'^^' ®'®^*'°"- 
in every sixth year thereafter, a register of deeds shall be 
chosen by the voters of each district for the registry of 
deeds, and of each county not divided into districts. 

Section 22. Said chapter eight hundred and thirty-five is 1913, 835, § 387, 
hereby further amended by striking out section three hundred 
and eighty -seven and substituting the following: ^ — Section County com- 
387. At the biennial state election in the year nineteen hun- dectlCn^"^^' 
dred and twenty and every four years thereafter there shall be 
chosen by the voters of the county of Middlesex and of the 
city of Revere and town of Winthrop, two coimty commis- 
sioners for said county, city and town, and by the voters of 
each of the other counties, except the counties of Suffolk and 
Nantucket, two county commissioners for the county, and at 
the biennial state election in the year nineteen hundred and 
twenty-two and every four years thereafter there shall be 
chosen by the voters of the county of Middlesex and of the 
city of Revere and town of Winthrop one county commis- 
sioner for said county, city and town and by the voters of 
each of the other counties, except the counties of Suffolk and 
Nantucket, one county commissioner for the county. 

At the biennial state election in the year nineteen hundred mlssriners'^™' 
and twenty-two, and in every fourth year thereafter, there election. 
shall likewise be chosen by the voters of the county of 
Middlesex and of the city of Revere and town of Winthrop, 
two associate commissioners for said county, city and town, 
and by the voters of each of the other counties, except the 



210 



General Acts, 1919. — Chap. 269. 



Not more than 
one commis- 
sioner from 
same city or 
town. 



1913, 835, § 
amended. 



Sheriffs, 
election. 



1913, 835, § 389, 
etc., amended. 



County 

treasurers, 

election. 



1913, 835, § 390, 
amended. 



counties of Suffolk and Nantucket, two associate commis- 
sioners for the county. 

Not more than one of the county commissioners and 
associate commissioners shall be chosen from the same city 
or town. If two persons residing in the same city or town 
shall appear to have been chosen to said offices, the person 
only who receives the larger number of votes shall be declared 
elected; but if they shall receive an equal number of votes, 
no person shall be declared elected. If a person residing in 
a city or town in which a county commissioner or an associate 
commissioner who is to remain in office also resides, shall 
appear to have been chosen, he shall not be declared elected. 
If the person is not declared elected by reason of the above 
provisions, the person receiving the next highest number of 
votes for the office, and who resides in another city or town, 
shall be declared elected. 

Section 2.3. Section three hundred and eighty-eight of 
said chapter eight hundred and thirty-five is hereby amended 
by striking out the word "annual", in the first line, and 
substituting the word : — biennial, — by striking out the 
word "fifteen", in the second line, and substituting the 
word: — twenty, — and by striking out the word "fifth", 
in the same line, and substituting the word: — sixth, — so 
as to read as follows : — Section 388. At the biennial state 
election in the year nineteen hundred and twenty, and in 
every sixth year thereafter, a sheriff shall be chosen by the 
voters in each county. 

Section 24. Section three hundred and eighty-nine of 
said chapter eight hundred and thirty-five, as amended by 
section one of chapter one hundred and fourteen of the 
General Acts of nineteen hundred and eighteen, is hereby 
further amended by striking out the word "annual", in the 
first line, and substituting the word : — biennial, — by 
striking out the word "eighteen", in the second line, and 
substituting the word : — twenty-four, — and by striking 
out the word "fifth", in the same line, and substituting the 
word: — sixth, — so as to read as follows: — Section 389. 
At the biennial state election in the year nineteen hundred 
and tw^enty-four, and in every sixth year thereafter, a county 
treasurer shall be chosen by the voters in each county, 
except the counties of Suffolk and Nantucket. 

Section 25. Section three hundred and ninety of said 
chapter eight hundred and thirty-five is hereby amended by 
striking out the word "annual", in the first line, and substi- 



General Acts, 1919. — Chap. 269. 211 

tuting the word : — biennial, — by striking out the word 

"fifteen", in the second line, and substituting the word: — 

twenty-four, — by striking out the word "town", in the 

eleventh and twelfth lines, and substituting in each case the 

word: — city, — by striking out the words "one jTar", in 

the thirteenth line, and inserting in place thereof the words: 

— two years, — and by striking out the words " clerk of the 

town", in the forty -first line, and substituting the words: — 

city clerk of the city, — so as to read as follows: — Section Commissioners 

390. At the biennial state election in the year nineteen suftofk county 

hundred and twenty-four, and in every tenth year there- l"ve Sktr.^''" 

after, nine commissioners shall be elected for the county 

of Suffolk, for the performance of the duties hereinafter 

specified. Five of said commissioners shall be residents of 

and voters in the city of Boston and shall be elected by the 

voters of that city; two shall be residents of and voters in 

the city of Chelsea and shall be elected by the voters of that 

city; one shall be a resident of and a voter in the town of 

Winthrop and shall be elected by the voters of that town; 

and one shall be a resident of and a voter in the city of 

Revere and shall be elected by the voters of that city. Said Term of ^,^ 

commissioners shall hold office for two years from the first tion.'etc. 

Wednesday of January next after their election. At their 

first meeting, they shall organize by choosing a chairman, 

who shall be one of their number, and a clerk. The city of City of Boston 

Boston shall provide them with a suitable office and room office, etc. 

for hearings and shall allow and pay to them for compen- compensation. 

sation a sum not exceeding five hundred dollars each, said ''''"^'' """•''*'' 

sum to be determined by the governor and council, and a 

further sum of not more than seven hundred dollars for 

clerk hire, stationery and incidental expenses. 

The said commissioners shall, on the first Tuesday of Duties. 
August next after the secretary of the commonwealth shall 
have certified to them the number of representatives to 
which the county of Suffolk may be entitled, as determined 
by the general court, assemble in the city of Boston, and, as 
soon as may be, shall so divide said county into representa- 
tive districts of contiguous territory as to apportion the 
representation of said county, as nearly as may be, according 
to the number of voters in the several districts. Such districts 
shall be so formed that no ward of a city and no town shall 
be di^'ided, and no district shall be so formed that it shall 
be entitled to elect more than three representatives. The 
districts shall be numbered by the commissioners, and a 



212 



General Acts, 1919. — Chap. 270. 



1913, 835, § 391, 
etc., amended. 



Terms of office 
of certain 
officers. 



Same subject. 



Time of taking 
effect. 



description of each district, its number and the number of 
voters therein shall be transmitted to the secretary of the 
commonwealth, to the board of election commissioners of 
the city of Boston, to the treasurer of the city of Boston, to 
the city clerk of the city of Boston, to the city clerk of the 
city of Chelsea, to the city clerk of the city of Revere and 
to the clerk of the town of Winthrop and shall be filed and 
kept in their respective offices. 

Section 26. Said chapter eight hundred and thirty-five, 
as amended by section one of chapter two hundred and 
fifty-five of the General Acts of nineteen hundred and seven- 
teen, and by section two of chapter one hundred and four- 
teen of the General Acts of nineteen hundred and eighteen, 
is hereby further amended by striking out section three 
hundred and ninety-one and substituting the following : — 
Section 391. District attorneys, county commissioners and 
associate county commissioners shall hold their several 
offices for terms of foiu* years, and sheriffs, registers of 
deeds, clerks of courts, registers of probate and insolvency 
and county treasurers for six 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 hereinbefore provided for filling a 
vacancy in the office. 

Section 27. All officers named in the foregoing section 
who shall have been elected prior to the taking effect of this 
act shall hold their several offices until the first Wednesday 
of January in the year succeeding that fixed by this act for 
the election of their successors. The terms of county com- 
missioners elected in the year nineteen hundred and eighteen, 
shall expire on the first Wednesday of January in the year 
nineteen hundred and twenty-one. 

Section 28. This act shall take effect on the Thursday 
following the first Wednesday in January in the year nine- 
teen hundred and twenty. Approved June 28, 1919. 



Chap. 270 An Act granting the consent of the commonwealth 

TO THE PURCHASE BY THE UNITED STATES OF CERTAIN 
L.\NDS IN SOUTH BOSTON, AND CEDING JURISDICTION 
THEREO\'ER. 



Emergency 
preamble. 



Whereas, The deferred operation of this act would defeat 
its purpose, accordingly it is hereby declared to be an emer- 



General Acts, 1919. — Chap. 270. 213 

gency law, necessary to the immediate preservation of the 
public convenience. 

Be it enacted, etc., a^ follows: 

Section 1. The consent of the commonwealth of Mas- Consent of 
sachusetts is hereby granted to the purchase by the United to purchase by 
States of America of a certain parcel of land situated in that of "certain la'^ds 
part of Boston known as South Boston, bounded and de- gramed"^ ^°^*°" 
scribed as follows : — Beginning at a certain stone monu- 
ment on the southerly street line of Dry Dock avenue and 
twenty-eight hundred twenty-six and fifty-one hundredths 
feet northeast of the intersection of the easterly street line 
of Harbor street with the said southerly street line of Dry 
Dock avenue, thence proceeding on a line bearing north one 
degree, eighteen minutes, forty-nine and three tenths seconds 
west a distance of eighty feet to a point; thence on a line 
bearing south eighty-eight degrees, forty-one minutes, ten 
and seven tenths seconds west a distance of twenty-seven 
hundred sLxty-seven and twenty hundredths feet to a point; 
thence on a line bearing north thirty-five degrees, fourteen 
minutes, ten and seven tenths seconds east a distance of 
ten hundred and ninety feet to a point; thence on a line 
bearing north twenty-eight degrees, fifty-seven minutes, 
twenty-eight and four tenths seconds east a distance of 
twelve hundred feet to a point in the United States pier and 
bulkhead line established on June thirtieth, nineteen hun- 
dred and sixteen; thence along United States pier and bulk- 
head line south sixty-one degrees, two minutes, thirty-one 
and six tenths seconds east a distance of thirty-six hundred 
six and seventy-three hundredths feet to a point; thence 
south forty-nine degrees, thirty-two minutes, forty-nine and 
two tenths seconds east a distance of two hundred sixty-one 
and three hundredths feet to a point in said United States 
pier and bulkhead line; thence on a line bearing south 
eighty-eight degrees, forty-one minutes, ten and seven 
tenths seconds west a distance of seventeen hundred ninety- 
six and forty-four hundredths feet to the point of beginning; 
containing approximately four million three hundred ninety- 
six thousand four hundred and eighty square feet, all as 
shown on a plan filed with the commission on waterways 
and public lands of said commonwealth, entitled "Land 
on South Boston flats, to be sold to the United States, 
navy department, by the Massachusetts commission on 
waterways and public lands ", dated September nineteen 



214 



General Acts, 1919. — Chap. 271, 



Jurisdiction 
over said lands 
ceded to 
United States. 



hundred and eighteen, number thirty-one hunch-ed and 
twenty-one. 

Section 2. Upon the purchase by the United States of 
America of said land, jurisdiction thereo^'er is granted and 
ceded to the United States of America, but upon the express 
condition that the commonwealth of Massachusetts shall 
retain concurrent jurisdiction with the United States of 
America in and over said land so purchased, so far that all 
civil processes and such criminal processes as may issue 
under the authority of this commonwealth against any person 
or persons charged with crimes may be executed thereon in 
the same manner as though this consent and cession had 
not been granted. 

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

Approved July 1, 1919. 



I'rivate detec- 
tives to be 
licensed, etc. 



Licenses, by 
and to whom 
granted, etc. 



Chap. 21 \ An Act to provide for the licensing and regulation 

OF PRIVATE DETECTIVES. 

Be it enacted, etc., as folloics: 

Section 1. No person, firm or corporation shall engage 
in the business of, or solicit business as a private detective, 
or the business commonly transacted by a private detective, 
under any name or title whatsoever, without first obtaining 
from the chief of the district police a license so to do as here- 
inafter provided. 

Section 2. The said license may be granted by the chief 
of the district police to any reputable citizen of the United 
States, or to any firm or corporation making WTitten appli- 
cation therefor. The person or persons making the applica- 
tion shall be not less than twenty-one years of age, and shall 
certify that they have had at least three years' experience as 
investigators. The holder of a license may employ as many 
agents, operatives, and assistants as may be deemed neces- 
sarj' by the licensee for the conduct of the business. 

Section 3. Application for the license shall be made on 
blank forms to be furnished by the chief of the district 
police. The material facts stated in the application shall be 
verified by the oath of the applicants, or, in the case of cor- 
porations, by the oath of the resident manager or superin- 
tendent, to whom the license may be issued. The applica- 
tion shall contain the certificates of at least tlu'ee reputable 
citizens of this commonwealth, residing in the city or the 
town where the applicant proposes in his application to 



Applications, 
blank forms for 
and contents 
thereof. 



General Acts, 1919. — Chap. 271. 215 

establish his principal place of business, and said certificates 
shall be received as evidence of the good repute of the appli- 
cants, and as evidence that the representations made in the 
application are true. 

Section 4. The license shall be granted for the term of t«™ "f ''«ense. 
one year, and shall state therein the name and address of 
the principal office or place of business of the licensee, and 
the name under which the licensed business is to be con- 
ducted. 

Section 5. For each license, the licensee, if an individual, j^^g""*' ''"^"^^ 
shall pay to the chief of the district police the sum of one 
hundred dollars annually, and, if a partnership or corpora- 
tion, the sum of two hundred dollars annually, and shall 
give to the chief of the district police a bond in the sum of 
five thousand dollars, executed by the applicant as principal 
and by a surety company authorized to do business in this 
commonwealth as surety. The bond shall be in such form chief of district 
as the cliief of the district police may prescribe, conditioned ^"r'ibe form of 
upon the honest conduct of the business of the licensee, and ''°"''' ^^'^ 
tlie right of any person injured by the wilful, malicious, or 
wrongful act of the licensee to bring in his own name an 
action on the bond. 

Section 6. A license hereunder may be revoked at any Licenses may 
time by the chief of the district police for good cause shown : 
promded, that due notice shall have been given to the licensee Proviso. 
to appear before the chief of the district police to show cause 
why the license should not be revoked. 

Section 7. Any person who is or has been an employee information 
of a licensee and who divulges any information gained by divulged by 
him in the said employment except as his employer may f"ens«?r^° 
direct, or as he may be required by law to do, or who wilfully 
makes a false report to his employer, shall be punished by Penalty. 
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 8. Nothing contained in this act shall apply to Act, when not 
any detective or officer belonging to the police force of the 
commonwealth, or of any subdivision thereof, while engaged 
in the performance of his official duties; nor to a charita- 
ble, philanthropic or law-enforcement society or association 
duly incorporated under the laws of this commonwealth, 
nor to any agent thereof while engaged in the discharge of 
his duties, as such agent: lyrovided, that the society or or- Proviso. 
ganization is promoted and maintained for the public good 



216 General Acts, 1919. — Chap. 272. 

and not for private profit; nor to any person employed by 
any corporation, firm or individual as an investigator in 
connection with the business of such employer, and whose 
services are not let out to another for profit or gain; nor to 
any regularly established credit-reporting or mercantile 
agency. 

Penalty. vSection 9. Any person other than an agent, employee 

or assistant of a licensee hereunder, and any corporation 
acting as a private detective without obtaining a license in 
accordance with the provisions of this act, shall be punished 
by a fine of not more than five hundred dollars, or by im- 
prisonment for a term not exceeding one year, or by both 
such fine and imprisonment; but no corporation shall be 
liable to the said penalty if its resident manager or superin- 
tendent is duly licensed hereunder. 

Repeals. SECTION 10. Scctious thirty-six and thirty-seven of 

chapter one hundred and eight of the Revised Laws are 
hereby repealed. Approved July 1, 1919. 

Chap. 272 An Act to establish a special fund in the custody of 

THE TREASURER AND RECEIVER GENER.\L FOR THE PUR- 
POSE OF PAYING ADDITIONAL COMPENSATION TO CERTAIN 
INJURED EMPLOYEES. 

Be it enacted, etc., as follows: 
fo^puri^se1)f Section 1. For every case of personal injury resulting 
tionlTi^TOm'^'en- ^^ death, covcrcd by the provisions of chapter seven hundred 
sation to cer- aud fifty-ouc of the acts of nineteen hundred and eleven 
employees and acts in amendment thereof and in addition thereto, in 
IS e which there are no dependents, the insurance company 

insuring the liability of the employer shall pay into the treas- 
ury of the commonwealth the sum of one hundred dollars. 
S»tvergenemi AH payments hereunder shall constitute a special fund, of 
to be custodian, ^hich the treasurer and receiver general shall be the 
custodian. He shall make payments therefrom for the 
purposes specified in the following section upon the written 
order of the industrial accident board. 
whelTind'how Section 2. Whenever an employee who has previously 
to be made. suft'crcd a personal injury resulting in the loss by severance, 
or the permanent incapacity, of one hand, at or above the 
wrist, one foot at or above the ankle, or the reduction to 
one tenth of normal vision of one eye, with glasses, incurs 
further disability by reason of the occurrence of a subse- 
quent personal injury arising out of and in the course of his 



General Acts, 1919. — Chap. 273. 217 

employment, through the loss by severance, or the perma- 
nent incapacity, of either a hand, at or above the wrist, or 
a foot, at or abo\'e the ankle, or the reduction to one tenth 
of normal vision in an eye, with glasses, he shall be paid the 
compensation provided for by sections nine and ten of Part 
II of said chapter seven hundred and fifty-one; or if death 
results from such subsequent injury, his dependents shall 
be paid the compensation provided for by sections six and 
seven of said Part II, in the following manner: One half 
of such compensation shall be paid by the treasurer and 
receiver general from the fund established under section 
one, and the other half by the insurance company insuring 
the liability of the employer at the time of the subsequent 
injury; except that the additional compensation due under 
section eleven of said Part II for the specified injury so sus- 
tained, shall be paid solely by the company insuring liability 
at the time of the subsequent injury. 

Section 3. All cases not specifically provided for in the Payments in 
above section shall be covered by, and compensation shall specifically 
be paid under, the provisions of said chapter seven hundred ^™^' ^ 
and fifty-one and acts in amendment thereof and in addition 
thereto. Approwd July 1, 1919. 



An Act to regulate the mileage allow^\nce of Chap. 273 

MEMBERS AND CERTAIN EMPLOYEES OF THE GENERAL 
COURT. 

Whereas, The deferred operation of the following act under Emergency 
the pro^isions of article forty-eight of the amendments to ^'^^"^ 
the constitution would largely defeat its purpose, it is there- 
fore hereby declared to be an emergency law, necessary for 
the immediate preservation of the public convenience. 

Be it enacted, etc., as foUoics: 

Section 1. Each member of the general court, and each Mileage ai- 

, . lowance of 

doorkeeper, assistant doorkeeper, postmaster and assistant members and 
postmaster, messenger and page thereof, and the clerk and pioyeesof 
assistant clerks in the legislative document room, shall regukted""'^*' 
receive for each regular annual session three dollars for 
every mile of ordinary travelling distance from his place of 
abode to the place of the sitting of the general court. 

Section 2. Chapter tw^o hundred and two of the General Repeals. 
Acts of nineteen hundred and fifteen, chapter six of the Gen- 
eral Acts of nineteen hundred and seventeen, as amended 



218 



General Acts, 1919. — Chap. 274. 



Time of tsiking 
effect. 



by chapter sixty-six of the General Acts of nineteen hundred 
and eighteen, and so much of section eight of chapter three 
of the Revised Laws, as amended by section one of chapter 
six hundred and seventy-six of the acts of nineteen hundred 
and eleven, by chapter sixty-two of the General Acts of 
nineteen hundred and eighteen and by chapter two hundred 
and thirty-nine of the General Acts of the current }ear, as 
is inconsistent herewith, are hereby repealed. 

Section 3. This act shall take effect upon its passage as 
of the first Wednesday in January of the current year. 

Approved July 1, 1919. 



Chap. 27 4: An Act relatrt: to appeals from the probate courts. 
Be it enacted, etc., as follows: 



Persons may 
appeal from 
orders, decrees 
or denials of 
probate coiirts. 



Appeals from 
interlocutory 
decrees, etc., 
not to suspend 
certain pro- 
ceedings. 



Appeals, when 
to be pending, 
etc. 



Judge to report 
material facts, 
etc. 



Section 1. A person who is aggrieved by an order, 
decree or denial of a probate court or of a judge of that 
court, in any proceeding begun after this act takes effect, 
may, within twenty days after the entry thereof, appeal 
from the same to the supreme judicial court, and the appeal 
shall be heard and determined by the full court, which shall 
have the like powers and authority in respect thereto as 
upon an appeal in a suit in equity under the general equity 
jurisdiction. An appeal from an interlocutory order or 
decree shall not suspend proceedings under the same pend- 
ing the appeal, except as otherwise specially provided by 
statute, but an appeal from an order granting or refusing 
issues to be tried by a jury shall be heard and determined 
by the full court without awaiting further proceedings in 
the probate court. 

Section 2. The appeal shall be pending before the full 
court as soon as it has been filed in the probate court, and 
proper copies of papers in the proceeding, as specified in 
section twenty-one of chapter one hundred and fifty-se\en 
of the Revised Laws, shall be prepared by the register and 
transmitted to the supreme judicial court and entered in 
the docket of the full court. 

Section 3. Upon the appeal the judge by whom the 
order, decree or denial was made shall report the material 
facts found by him, if so requested by the appellant within 
four days after the appellant has notice of the order, decree 
or denial ; otherwise such report shall be in the discretion of 
the judge. 



General Acts, 1919. — Chap. 274. 219 

Section 4. No oral evidence shall be exliibited to the Reporting of 
full court upon the appeal, but the evidence and all ques- ''^' ^nce, e c. 
tions relating thereto shall be subject to the like provisions 
as are contained in section twenty-four of chapter one hun- 
dred and fifty-nine of the Revised Laws and section four 
of chapter seven hundred and sixteen of the acts of nineteen 
hundred and thirteen relating to suits in equity. 

Section 5. A judge of the probate court by whom a Judge may 
case or matter is heard for final determination may reserve report evi- 
and report the evidence and all questions of law therein for conskiera'tion"'^ 
the consideration of the full court, and thereupon like pro- °^ ^"'' *^*"''' 
ceedings shall be had as upon appeal. And if, upon making Proceedings 
an interlocutory decree or order, he is of opinion that it so "tayed^ 
affects the merits of the controversy that the matter ought, 
before further proceedings, to be determined by the full 
court, he may report the question for that purpose, and 
stay all fm-ther proceedings except such as are necessary to 
preserve the rights of the parties. 

Section 6. Sections twenty-six and twenty-eight of v^ions"ontw 
said chapter one hundred and fifty-nine shall be applicable to apply. 
to appeals in proceedings above mentioned. 

Section 7. The probate court in any such proceeding, issues of fact 
upon the application of a party and in accordance with the by jury, etc. 
practice established by the supreme judicial court in like 
cases, may direct that any issues of fact shall be tried by a 
jury in the superior court for the same county, or, if there 
shall not be any regular sitting for such trial, within three 
months after such order, or, by consent of the parties, in 
any other county. The form of such issues shall be settled 
in the probate court, and certified copies of the issues and 
other material papers in the case shall be entered by the 
applicant in the superior court forthwith, or within such 
time as the probate court may direct, but the same may be 
entered by any other party, and, in case the same shall not 
so be entered, the probate court may discharge the order 
for a trial. Upon the motion of any party in the superior 
court the issues shall be advanced for a speedy trial. 

Section 8. Questions of law arising upon the trial of o/'questioM of 
anv such issues mav be considered and determined hx the law by supreme 

,..,'., 1 • i" 1 judicial court, 

supreme judicial court in the same manner and with the etc. 
same effect as in actions at law tried in the superior court. 

Section 9. In the case of an estate of a deceased person Applicability 
which is represented insolvent after this act takes effect, if vent estates of 
the court, instead of appointing commissioners to receive persons. 



220 



General Acts, 1919. — Chap. 274. 



Proceedings 
in probate 
court not to be 
subject to cer- 
tiin provisions 
of law. 



Repeal. 



Appeals in cer- 
tain proceed- 
ings between 
husband and 
wife. 



Stenographers, 
appointment, 
duties, etc. 



Time of taking 
effect. 



and examine the claims of creditors against the estate, re- 
ceives and examines such claims itself, the foregoing pro- 
visions of this act shall be applicable to the proceedings for 
proof of the same and to appeals from the allowance or dis- 
allowance thereof, exclusively of the provisions of sections 
eleven and sixteen of chapter one hundred and forty-two of 
the Revised Laws, but shall not be applicable to such pro- 
ceedings or appeals in respect of the like claims against 
other estates previously represented insolvent. 

vSection 10. No proceeding begun in a probate court 
after this act takes effect shall be subject to anj^ provision 
of the sections next hereinafter specified of chapter one hun- 
dred and sixty-two of the Revised Laws or any amendments 
thereof respectively, namely, sections eight, nine, ten, 
eleven, thirteen, fourteen, eighteen, nineteen, twenty-five, 
twenty-six, twenty-eight, or to so much of section seven of 
chapter one hundred and forty-one of the Revised Laws as 
relates to proceedings upon an appeal. 

Section 11. Section twenty-seven of chapter two hun- 
dred and seventy-nine of the General Acts of nineteen hun- 
dred and seventeen is hereby repealed. 

Section 12. A decree or order of a probate court made 
in proceedings begun after this act takes effect under the 
provisions of section thirty-three or section thirty-seven of 
chapter one hundred and fifty-three of the Revised Laws 
shall, in case of appeal, be subject to the like provisions as 
are contained in section seventeen of said chapter one hun- 
dred and sixty-two. 

Section 13. At the trial of any issue of fact in the 
probate court the presiding judge may appoint a stenog- 
rapher, who shall be sworn and shall attend the trial, or 
such part thereof as the judge may direct, and perform 
the like duties and receive the like payments therefor as a 
stenographer appointed under the proA'isions of section 
eighty-three of chapter one hundred and sixty-five of the 
Revised Laws, and the sums so payable for his attendance 
at court and for any transcript of his notes or part thereof 
furnished to the judge by his direction shall be paid by the 
county upon the certificate of the judge. 

Section 14. This act shall take effect on the first day 
of January next after its passage. 

Approved July 1, 1919. 



General Acts, 1919. — Chaps. 275, 276. 221 



An Act relative to the publication of town by-laws. (Jii^j) 275 

Be it enacted, etc., as follows: 

Section twenty-six of chapter twenty-five of the Revised ^c^'amended. 
Laws, as amended by section one of chapter three hundred 
and forty-four of the acts of nineteen hundred and four, is 
hereby further amended by adding at the end thereof the 
words: — or, instead of such pubHcation, notice of the by- 
law shall be given by delivering a copy thereof at every 
occupied dwelling or apartment in the town, and affidavits 
of the persons delivering the said copies, filed with the town 
clerk, shall be conclusive evidence of proper notice here- 
under, — so as to read as follows : — Section 26. Before a Publication 
by-law takes effect it shall be approved by the attorney- by-iaws. 
general, and shall be published at least three times in one 
or more newspapers published in the town, if there be any 
such, otherwise in one or more newspapers published in the 
county in which the town is situated; or, instead of such How notice 
publication, notice of the by-law shall be given by delivering Ls'teador^" 
a copy thereof at every occupied dwelling or apartment in publication. 
the town, and affidavits of the persons delivering the said 
copies, filed with the town clerk, shall be conclusive evidence 
of proper notice hereunder. Approved Jidy 1, 1919. 



An Act relative to the compensation of certain em- Chap.27Q 

PLOYEES OF the COUNTIES OF THE COMMONWEALTH AND 
OF THE COURT OFFICERS OF THE MUNICIPAL COURT OF THE 
CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter two hundred and fl^'a^eniSd 
sixty of the General Acts of nineteen hundred and eighteen 
is hereby amended by striking out the words "until further 
action of the general court relative to the standardization of 
the salaries of judicial and county officers and employees", 
in the se\'enth, eighth, and ninth lines, and the word "tempo- 
rary", in the ninth line, by inserting after the word "them", 
in the eleventh line, the words : — -or by those holding the 
same or similar positions, — and by adding at the end 
thereof the following: — and the said additional compensa- 
tion shall also be granted to the court officers of the mu- 
nicipal court of the city of Boston, from and after January 



222 



General Acts, 1919. — Chap. 277. 



Compensation 
of certain 
county em- 
ployees and of 
court officers 
of Boston 
municipal 
court. 



Act, how 
construed. 



first in the year nineteen hundred and nineteen, — so as to 
read as follows: — Section 1. From and after the first day 
of July in the current year, all persons who are regularly in 
the employ of the several counties of the commonwealth 
whose annual compensation in full for all services rendered 
does not exceed twenty-five hundred dollars and whose 
salaries have not been increased by act of the general court 
passed during the current year, shall receive additional 
compensation equal to ten per cent of the salaries received 
by them or by those holding the same or similar positions on 
the first day of July in the year nineteen hundred and seven- 
teen, and the said additional compensation shall also be 
granted to the court officers of the municipal coiu-t of the 
city of Boston, from and after January first in the \'ear 
nineteen hundred and nineteen. 

Section 2. This act shall be construed as granting the 
additional compensation provided for in section one to those 
persons appointed after the first day of July, nineteen hun- 
dred and seventeen. Approved July 1, 1919. 



Number of 
children re- 
tarded in 
mental de- 
velopment to 
be determined. 



Chap. 211 An Act to detekmine the number of children re- 
tarded IN mental development and to provide for 
their instruction. 

Be it enacted, etc., as folloios: 

Section 1. The school committee of each city and town 
shall, within one year after the passage of this act, and 
annually thereafter, ascertain, under regulations prescribed 
by the board of education and the director of the commis- 
sion on mental diseases, the number of children three years 
or more retarded in mental development who are in attend- 
ance upon the public schools of its city or town, or who are 
of school age and reside therein. 

Section 2. At the beginning of the school year of nine- 
teen hundred and twenty, the school committee of each city 
and town in which there are ten or more children tlu-ee 
years or more so retarded shall establish special classes to 
give such children instruction adapted to their mental 
attainments, under regulations prescribed by the board of 
education. Approved Jidy 1, 1919. 



Instruction of 
children so 
retarded. 



General Acts, 1919. — Chaps. 278, 279. 223 



An Act authorizing the commission on mental dis- Chap.278 

EASES TO take LAND IN THE CITY OF WALTHAM FOR A 
SPUR TRACK. 

Be it enacted, etc., as follows: 

The commission on mental diseases is hereby authorized, o°™"nt|i°° 
with the approval of the governor and council, to purchase tlffg^^^^cThf 
or take in fee in behalf of the commonwealth, land in the cityofwai- 
city of Waltham for a spur track to connect land owned by spur track. 
the commonwealth, and now occupied by the Massachu- 
setts School for the Feeble-Minded, with the Central Mas- 
sachusetts Railroad, owned, operated or leased by the 
Boston and Maine Railroad. The commission shall have 
the same powers to acquire land under this act which are 
given to the metropolitan park commission by chapter four 
hundred and seven of the acts of eighteen hundred and 
ninety-three and acts in amendment thereof or in addition 
thereto; and any person aggrieved by a determination of 
damages made by the commission may have the same 
assessed by a jury of the superior court in the manner and 
subject to the limitations specified in said chapter four hun- 
dred and seven, as amended. Approved July 1, 1919. 



An Act authorizing the commission on mental dis- fhn^j 079 

EASES TO TAKE LAND IN THE TOWN OF NORTHBOROUGH 
for A SPUR TRACK. 

Be it enacted, etc., as follows: 

The commission on mental diseases is hereby authorized, on mTntaf" 
with the approval of the governor and council, to purchase takTfand hf 
or take in fee in behalf of the commonwealth, land in the t°"'",oJ 

„ ,_ ,, i(>i • fl I Northborough 

town or JNorthborough tor the construction or a spur track for a spur 
to connect land owned by the commonwealth, and now 
occupied by the Westborough state hospital, with the New 
York, New Haven and Hartford Railroad. For this purpose 
the commission shall have the same powers to acquire land 
which are given to the metropolitan park commission by 
chapter four hundred and seven of the acts of eighteen 
hundred and ninety-three and acts in amendment thereof 
and in addition thereto; and any person aggrieved by a 
determination of damages made by the commission may have 



224 



General Acts, 1919. — Chaps. 280, 281, 282. 



1917, 327 (G). 
Part I, § 24, 
amended. 



Salary in de- 
partment of 
adjutant 
general es- 
tablished. 



the same assessed by a jury of the superior court in the 
manner and subject to the limitations specified in said 
chapter four hundred and seven, as amended. 

Approved July 1, 1919. 

Chap. 280 An Act to establish a salary in the department of 

THE adjutant GENERAL. 

Be it enacted, etc., as follows: 

Section 1. Part I of chapter three hundred and twenty- 
seven of the General Acts of nineteen hundred and seven- 
teen is hereby amended by striking out section twent\'-four 
and substituting the following: — Section 24- The adjutant 
general shall receive a salary of thirty-six hundred dollars a 
year. An adjutant general, rank of lieutenant colonel, 
adjutant general's department, shall receive a salary of 
twenty-two hundred dollars a year. The adjutant general 
may employ such clerks and other assistants as may be 
necessary in his department at an expense not exceeding the 
amount annually appropriated therefor. 

Section 2. The increase in salary provided for by this 
act shall not take effect until a sufficient appropriation 
therefor has been made, and then as of the first day of June 
in the current year. Approved Jidy 2, 1919. 

Chap. 281 An Act relative to compulsory school attendance. 

Be it enacted, etc., as follows: 

Section one of chapter fort} -four of the Revised Laws, as 
amended by chapter three hundred and twenty' of the acts 
of nineteen hundred and five, by chapter three hundred and 
eighty-three of the acts of nineteen hundred and six, by 
section one of chapter seven hundred and seventy-nine of 
the acts of nineteen hundred and thirteen, and by section 
one of chapter eighty-one of the General Acts of nineteen 
hundred and fifteen, is hereby further amended by striking 
out the word "fourth", in the fifth line, and substituting the 
word: — sixth. Approved Jidy 2, 1919. 



Time of taking 
effect. 



R. L. 44, § 1, 
etc., amended. 
Compulsory 
school at- 
tendance. 



Chap. 282 An Act to establish the salary of the lieutenant 

GOVERNOR OF THE COMMONWEALTH. 

Be it enacted, etc., as follows: 

R. L. 4. §2. Section 1. Section two of chapter four of the Revised 

amended. L^ws is hereby amended by striking out the word "two", 



General Acts, 1919. — Chap. 283. 225 

in the second line, and inserting in place thereof the word: 

— four, — so as to read as follows : — Section 2. The salary of 

.' Ill* ii£r lieutenant 

lieutenant governor shall receive an annual salary oi tour governor es- 
thousand dollars; but if the office of governor shall be vacant 
for a period of more than thirty days he shall, for the time 
during which he performs the duties of governor, receive at 
the rate allowed to the governor. 

Section 2. The compensation established by this act J^^e of taking 
shall be allowed from the first day of January, nineteen hun- 
dred and twenty. Approved July 2, 1919. 

An Act to provide suitable recognition of those resi- Chav.2^?> 

DENTS of MASSACHUSETTS WHO SERVED IN THE ARMY 
AND NAVY OF THE UNITED STATES DURING THE WAR WITH 
GERMANY. 

Whereas, The deferred operation of this act would tend to Emergency 
defeat its purpose to pro^■ide prompt recognition of Massa- 
chusetts men upon their discharge from the military and 
naval forces of the United States, therefore it is declared to 
be an emergency law, necessary for the immediate preser- 
vation of the public convenience. 

Be it enacted, etc., as follows: 

Section 1. In order to promote the spirit of patriotism Payments in 
and loyalty, in testimony of the gratitude of the common- senlcis of"cer- 
wealth, and in recognition of the services of certain residents chusettTresi- 
of Massachusetts in the an\\\ and navv of the United States ^f".*/ i" the 

. • 1 /-^ ' "i (> 11 I" 1 United States 

during the war with Germany, to the full extent of the army and navy 
demands made upon them and of their opportunity, the man war 

. , • P, •£• 1 11 J.1 • J "^ authorized. 

payments hereinafter specmed are hereby authorized. 

Section 2. Upon application, as hereinafter provided, ^lomTo^be^" 
there shall be allowed and paid out of the treasury of the made. 
commonwealth, to each commissioned officer, enlisted man, 
field clerk and army or navy nurse duly recognized as such 
by the war or navy department, who was mustered into the 
federal service and reported for active duty subsequently to 
February third, nineteen hundred and seventeen and prior 
to November eleventh, nineteen hundred and eighteen, and 
to each commissioned officer, warrant officer, nurse and en- 
listed man, who enlisted or was enrolled in, or was mustered 
into the federal service and who had been called and reported 
for active duty in the United States Navy, United States 
Naval Reserve Forces, United States Marine Corps, United 



226 



General Acts, 1919. — Chap. 283. 



Provisos. 



Payments to 
dependents or 
heirs-at-law 
of deceased 
persons. 

Provisos. 



Applications 
to be filed 
with treasurer 
and receiver 
general, etc. 



Residence of 
claimants, 
evidence, etc. 



States Coast Guard, or the National Navy Volunteers, sub- 
sequently to said February third, and prior to said November 
eleventh, and to every man who served during the war in 
the regular army, navy or marine corps, or to the dependents 
or heirs at law of the persons above enumerated, as pro- 
vided in section three, the sum of one hundred dollars: 
promded, that every person on account of whose service the 
application is filed had been a resident of the commonwealth 
for a period of not less than six months immediately prior to 
the time of his entry into service; and further 'provided, that 
no benefits shall accrue under this act because of the service 
of any person appointed to or inducted into the military or 
naval forces who had not reported for duty on or prior to 
November eleventh, nineteen hundred and eighteen at the 
military cantonment or the naval station to which he was 
ordered, or who was discharged from service or relieved from 
active duty and not recalled to the colors prior to January 
fifteenth, nineteen hundred and eighteen, but in all cases of 
death in service or discharge for physical incapacity recei\ed 
in the line of duty the full amount of one hundred dollars 
shall be payable notwithstanding the provisions of this 
section. 

Section 3. In the case of the decease of any person 
who would if alive be entitled to the benefits of this act, the 
sum named therein shall be paid to his dependents, if any, 
and otherwise to his heirs-at-law: provided, that if there is 
more than one dependent, or heir-at-law, payments shall in 
either case be made in such proportions as the treasurer and 
receiver general shall determine, and in determining the 
order of precedence so far as practicable the following order 
shall be observed: wife and children, mother or father, 
brother or sister, other dependents; lyrovided, hotcever, that 
no right or payment under this act shall be subject to the 
claims of creditors, capable of assignment, regarded as assets 
legal or equitable of the estate of the deceased or made the 
basis for administration thereof. 

Section 4. Applications hereunder shall be filed with 
the treasurer and receiver general, upon forms to be fur- 
nished by him, on or before November thirtieth, nineteen 
hundred and nineteen, or, in the case of an applicant whose 
final discharge from service is received after the date of the 
passage of this act, within six months after the date of such 
discharge. The treasurer and receiver general may accept 
the written statement of an assessor of a city or town that 



General Acts, 1919. — Chap. 283. 227 

a person claiming pay or on whose account pay is claimed 

by a dependent or heir-at-law, under the provisions of this 

act, was a resident thereof on the first day of April, in any 

year, as prima facie evidence of the fact of such residence, 

and he may accept such other evidence of residence as he 

may consider adequate. The assessors of the several cities Assessors to 

and towns shall, at the request of the treasurer and receiver mation/et".'^" 

general, forthwith furnish such information relative to such 

residence as their records may disclose. 

Section 5. No person shall be eligible for any benefit no['2i''ib!eTo']^ 
accruing under this act who (1) shall have received a dis- benefits. 
honorable discharge from the service of the United States, 
or (2) shall have, at any time during the period of the war 
with Germany, sought to avoid service because of con- 
scientious objection thereto, or because of alienage, or (3) 
who shall have been at any time guilty of any fraud or wilful 
violation or evasion of the selective service act or of the 
rules and regulations of the war department in force there- 
under. 

Section 6. The adjutant general shall certify to the Adjutant 
treasurer and receiver general the dates of service and any ILT hifo?ma-' 
other military information necessary to carry out the pro- *'°"' 
visions of this act. 

Section 7. Whoever knowingly makes a false state- Penalty for 
ment, oral or written, relating to a material fact in support- "tat'emlnts^^ 
ing a claim under the provisions of this act, shall be punished 
by a fine of not more than one thousand dollars, or by im- 
prisonment for not more than three years, or by both such 
fine and imprisonment. Offences under this section may be 
prosecuted by the attorney-general, or under his direction 
in any court within the commonwealth, and all fines collected 
hereunder shall be paid into the treasury of the common- 
wealth. 

Section 8. The treasurer and receiver general shall act Treasurer 

,,,.,. 1 ■, , ■. , p and receiver 

upon all applications made hereunder, and may expend tor general to act 
clerical assistance and for such other expenses such sums as ti'ons.^e^pkfy 
may be necessary in carrying out the provisions of this act, ancerito^'*'^*" 
not exceeding the sums appropriated by the general court 
for the purpose. 

Section 9. For the purpose of meeting the expenditures May is^sue 
authorized by this act the treasurer and receiver general is °" ^' ^ "" 
hereby authorized, xvith the approval of the governor and 
council, to issue bonds or notes from time to time, as they 
are needed, to an amount not exceeding twenty million 



228 



General Acts, 1919. — Chap. 283. 



Massachusetts 
Military Serv- 
ice Loan, 
Act of 1919. 



Assessment of 
civilian war 
poll tax and 
other taxes, 
etc., to provide 
for payment of 



Tax commis- 
sioner may 
make regula- 
tions. 

Beneficiaries 
may receive 
abatement of 
war poll tax. 



1909, 490, Part 
I. §1. 
amended. 



Assessment of 
poll taxes, 
amount tem- 
porarily in- 
creased. 



dollars, for such terms as the governor shall recommend to 
the general court in accordance with section three of Article 
LXII of the amendments to the constitution. Such bonds 
or notes shall be designated on the face thereof Massachusetts 
Military Service Loan, Act of 1919, shall be countersigned 
by the governor, and shall be deemed a pledge of the faith 
and credit of the commonwealth; and the principal and 
interest thereof shall be paid at the times specified on said 
bonds or notes in gold coin of the United States, or its 
equivalent. Said bonds or notes shall be disposed of in such 
manner as shall be deemed best by the treasurer and receiver 
general, who shall, when issuing any of said bonds or notes, 
provide for the payment of the same in the manner pre- 
scribed by chapter three of the acts of nineteen hundred 
and twelve. The amount necessary to pay the principal 
of said loan as it matures, and the interest as it accrues, shall 
be raised by the assessment of a civilian war poll tax suflBcient 
to provide not less than one half of the said amount, and 
the balance of such amount shall be raised by the imposition 
and levy of such assessments, rates and taxes, and of such 
duties and excises as the general court may hereafter deem 
just and expedient and may by law provide. All tax bills 
for the collection of taxes imposed to meet the amount of 
said principal and interest shall show on the face thereof 
that said taxes are imposed for the purpose of raising funds 
to provide for the payments hereby authorized to the soldiers 
and sailors of Massachusetts who served in the war with 
Germany. The tax commissioner shall have authority to 
make suitable regulations for enforcing this provision. Any 
person entitled to the benefits of this act shall, upon appli- 
cation to the board of assessors of the city or town in which 
he resides, receive an abatement of the additional war poll 
tax assessed upon him under the provisions of this section. 
Section 10, Section one of Part I of chapter four hun- 
dred and ninety of the acts of nineteen hundred and nine is 
hereby amended by inserting before the words "A poll tax", 
the words: — In and for the years nineteen hundred and 
twenty, nineteen hundred and twenty-one, nineteen hun- 
dred and twenty-two and nineteen hundred and twenty- 
three a poll tax of five dollars and thereafter, — so as to 
read as follows: — Section 1. In and for the years nineteen 
hundred and twenty, nineteen hundred and twenty-one, 
nineteen hundred and twenty-two and nineteen hundred and 
twenty-three a poll tax of five dollars and thereafter a poll 



General Acts, 1919. — Chap. 283. 229 

tax of two dollars shall be assessed on every male inhabitant 
of the commonwealth above the age of twenty years, whether 
a citizen of the United States or an alien. 

Section 11. Poll taxes assessed by the assessors of the Assessment of 
Shelburne Falls Fire District pursuant to the provisions of a°ses*sorrof ^ 
chapter two hundred and sixty-two of the acts of eighteen lan^l^Frre dis- 
hundred and fifty-five, and acts in amendment thereof and ^"'^*- 
in addition thereto, shall be assessed at two dollars on each 
poll. 

Section 12. In and for the years nineteen hundred and Collectors of 
twenty, nineteen hundred and twenty-one, nineteen hun- t9taxcommis- 
dred and twenty-two and nineteen hundred and twenty-three of°po[is'!"ete. ^"^ 
every collector of taxes who shall receive a certificate or 
warrant from any board of assessors for the collection of 
poll taxes of said years shall in each year, respectively, 
verify to the tax commissioner, on or before the twentieth 
day of October, in such form and detail as he may require, 
the total number of polls so certified or committed to him, 
including those assessed pursuant to the provisions of chapter 
eight hundred and thirty-five of the acts of nineteen hundred 
and thirteen and acts in amendment thereof and addition 
thereto and thereafter, if any poll taxes for any of said years 
shall be committed to him as aforesaid, he shall forthwith 
certify, in like manner, the number of polls so committed. 

Section 13. The tax commissioner shall, in the years Taxcommis- 
nineteen hundred and twenty, nineteen hundred and twenty- sp°"iai*t°a!f^^ 
one, nineteen hundred and twenty-two and nineteen hundred an,°'towM^ 
and twenty-three, on or before the first day of November, •'t'' 
assess and levy upon each city and town a special tax on 
account of the polls taxable therein, at the rate of three 
dollars for each poll. Such tax shall be computed upon the 
information at the time of assessment in his possession, and, 
in lieu of better information, may be assessed upon the 
number of polls of the preceding year, as shown in the 
"Table of Aggregates" deposited in the office of the tax 
commissioner, pursuant to the provisions of section sixty of 
Part I of chapter four hundred and ninety of the acts of 
nineteen hundred and nine. 

Section 14. The tax commissioner shall, on or before Taxcommis- 
the tenth day of November in each year, respectively, certify cwtTfy To 
and commit to the treasurer and receiver general the taxes 
assessed pursuant to the provisions of section thirteen and fpeciT/ta^xes 
the taxes so certified and committed shall thereupon be due •«y.'eti upon 
and pa\'able bv each citv and town and the treasurer thereof, towns, etc. 



treasurer and 
receiver 



230 



General Acts, 1919. — Chaps. 284, 285. 



Additional 
taxes to be 
levied upon 
cities and 
towns, etc. 



Rate of in- 
terest on securi- 
ties, how fixed. 



Yeomen (F) 
not entitled to 
benefits of act. 



respectively. The provisions of section forty of Part I of 
chapter four hundred and ninety of the acts of nineteen 
hundred and nine shall apply to the enforcement of taxes 
assessed pursuant to the provisions of this act. 

Section 15. The tax commissioner shall from time to 
time assess and levy upon each city and town, and certify 
and commit to the treasurer and receiver general, additional 
taxes with respect to any polls not included in the assess- 
ment laid pursuant to section thirteen and taxes so assessed 
shall be payable and may be enforced in the same manner 
as those originally assessed. 

Section 16. The rate of interest on securities issued 
under section nine shall be fixed by the treasurer and receiver 
general, with the approval of the governor and council. 

Section 17. Yeomen (F) shall not be entitled to the 
benefits of this act. 

Section 18. This act shall take effect upon its passage. 

Approved July 3, 1919. 



C hap. 2S4: An Act relative to the salary of the deputy tax 

commissioner. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter two hundred and 
sixty-one of the General Acts of nineteen hundred and seven- 
teen is hereby amended by striking out the words "four 
thousand", in the second line, and inserting in place thereof 
the words: — forty-eight hundred, — so as to read as fol- 
lows: — Section 1. The salary of John W. Locke, deputy 
tax commissioner, shall be forty-eight hundred dollars a 
year. 

Section 2. This act shall not take effect until a sufficient 
appropriation has been made therefor, and then as of the 
first day of June in the current year. 

Approved July 3, 1919. 



1917, 261 (G), 
§ 1, amended. 



Deputy tax 
commissioner, 
salary es- 
tablished. 



Time of taking 
effect. 



Chap. 285 An Act to provide for the exchange of certain lands 

AND RIGHTS IN LAND BETWEEN THE UNITED STATES AND 
THE commonwealth, SITUATED IN WATERTOWN AND TO 
COMPLETE THE CONSTRUCTION OF NORTH BEACON STREET 
IN SAID TOWN. 



Emergency 
preamble. 



Whereas, The deferred operation of this act would incon- 
venientlv delav the final settlement of certain matters 



General Acts, 1919. — Chap. 285. 231 

pending between the federal government and the common- 
wealth; therefore it is hereby declared to be an emergency 
law, necessary for the immediate preservation of the public 
convenience. 

Be it enacted, etc., as follows: 

Section 1. The metropolitan park commission, without Metropolitan 
the concurrence of any local authority, and in the name and si'on may ex- 
behalf of the commonwealth, may convey to the United unufd states 
States so much of the land under control of said commission andl-'ightr^"* 
in Charles river reservation in the town of Watertown, atedln'^'*^^ 
between Arsenal street and the Cambridge cemetery as, in Watertown. 
the judgment of the commission, may so be conveyed without 
substantially interfering with the future development and 
public use of said reservation and the control by the com- 
monwealth of the banks of the river, and after such con- 
veyance the United States and the commonwealth shall 
have such concurrent jurisdiction over the land so conveyed 
as is now held by said governments, respectively, over 
neighboring land in said town ceded by the commonwealth 
for forts, magazines, arsenals, dock yards and other buildings 
by chapter fifteen of the acts of eighteen hundred and six- 
teen; provided, however, that as a consideration for such Proviso. 
conveyance, and concurrently therewith, the secretary of 
war of the United States, acting under authority of an act 
of congress, approved on April twenty-eight, nineteen hun- 
dred and four, authorizing the secretary of war to grant the 
commonwealth certain rights in lands of the Watertown 
arsenal, shall convey to the commonwealth, for public use 
as a park and park drive in continuation of other parks and 
drives laid out and constructed by the commonwealth, a 
right of way through and over that part of the lands of 
the Watertown arsenal bounded northeasterly by the north- 
easterly side line of North Beacon street, as relocated by 
the county commissioners of Middlesex county by decree 
dated September twenty-six, nineteen hundred and sixteen; 
southeasterly, southerly and southwesterly by Charles river; 
and northwesterly by the northwesterly boundary line of 
land of the Watertown arsenal at the junction of School 
street and said North Beacon street, including the situation 
of the bridge constructed under authority of chapter seven 
hundred and eighty of the acts of nineteen hundred and 
fourteen. 



232 



General Acts,- 1919. — Chap, 285. 



Treasurer and 
receiver gen- 
eral to make 
payment to 
Watertown as 
part of cost of 
constructing 
North Beacon 
street in said 
town. 



Metropolitan 
park commis- 
sion to have 
powers and 
authority over 
lands con- 
veyed, etc. 



Proviso. 



Section 2. When the exchange of land and rights 
therein between the United States and the commonwealth 
shall have been made as above provided, the treasurer and 
receiver general is hereby directed to pay to the town of 
Watertown the sum of thirty thousand dollars as a part of 
the cost of constructing and surfacing that part of North 
Beacon street in said town lying between the easterly line of 
School street and the approach to the new North Beacon 
street bridge, in accordance with the location of said North 
Beacon street as relocated by the county commissioners of 
Middlesex county by a decree dated September twenty-six, 
nineteen hundred and sixteen. Said payment shall be made 
in instalments upon certificates of the metropolitan park 
commission as the work progresses, the final payment to be 
made upon the completion of the work; and said payments 
shall be assessed upon the metropolitan parks district as a 
part of the cost of the maintenance of reservations under 
chapter four hundred and seven of the acts of eighteen hun- 
dred and ninety-three. 

Section 3. Upon and after the exchange of land and 
rights therein as herein authorized, the metropolitan park 
commission shall have and exercise over the rights in lands 
conveyed to the commonwealth by the United States all the 
powers and authority conferred upon said commission by 
said chapter four hundred and seven. When said work of 
constructing and surfacing North Beacon street, as provided 
in section two of this act, shall have been completed by the 
town of Watertown as determined by said commission, the 
commission shall also have over said part of North Beacon 
street, and over the bridge and approaches thereto, con- 
structed under said chapter seven hundred and eighty, all 
the power and authority which the commission now has 
over roads and ways constructed by it in open spaces for 
exercise and recreation under said chapter four hundred and 
seven; and the cost of maintenance of said bridge and said 
part of North Beacon street shall be paid from the Metro- 
politan Parks Maintenance Fund: provided, however, that 
said bridge and street shall be maintained for use as a public 
highway to the same extent as hitherto required by law of 
the city of Boston and the town of Watertown. 

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

Approved July 5, 1919. 



General Acts, 1919. — Chap. 286. 233 



An Act relative to the taxation of persons engaged (^/^^^j 286 
IN the business of dealing in intangible personal 

PROPERTY. 

Be it enacted, etc., as follows: 

Section three of chapter two hundred and sixty-nine of the iqig, 269 (o. 
General Acts of nineteen hundred and sixteen is hereby ' '^'"°" 
amended by adding at the end of paragraph (a) the words: 
— other than gold bullion, — by striking out the words 
"either class (a) or", in the fourth line of the fom*th para- 
graph, and by adding at the end of said section the following 
paragraph : — Persons described in paragraph (a) of this 
section may, if the deductions allowed by paragraphs (a), 
(b), (c), (d), (e) and (f) of section six exceed the total income 
taxable under sections five (b) and five (c), deduct such 
excess from their taxable interest and dividends, after de- 
ducting the aforesaid interest deduction, — so as to read as 
follows: — Section 3. From the income taxable under sec- Determination 
tion two of this act the taxpayer may, under the conditions deduct"ons*aii- 
prescribed in this section and in section seven, receive a de- [a-^'f^eTts'""^ 
duction on account of interest paid by him during the year 
on debts of the following classes: 

(a) Debts, except those secured by mortgage or pledge of 
real estate or tangible personal property, owed by persons 
engaged in the business of buying, selling, or otherwise 
dealing in intangible personal property, provided that such Proviso. 
business, if it includes other classes of dealings, does not 
include buying, selling, improving or otherwise dealing in 

or with real estate or buying, selling, manufacturing or other- 
wise dealing in or with tangible personal property other 
than gold bullion. 

(b) Debts owed by other persons, except debts secured by 
such mortgage or pledge and debts on account of which the 
taxpayer is entitled to claim a deduction under sections five 
and six. 

In determining as hereinafter provided the deduction no deduction 
authorized in the preceding paragraph, no deduction shall be '" '^'^''^ain cases. 
allowed in respect of interest upon any debt belonging to 
class (b) above enumerated which arises from loans or open 
accounts directly or indirectly secured by intangible personal 
property, except to an amount not exceeding eighty per cent 
of the income returned by the taxpayer for taxation under 
section two on account of intangible personal property which 
secured such loans or open accounts. 



234 



General Acts, 1919. — Chap. 286. 



Deductions, 
how deter- 
mined, etc. 



Certain deter- 
minations to 
be made from 
returns, etc. 



Deduction of 
certain part- 
nerships, etc. 



Penalties for 
fraudulent 
return, etc. 



Deduction of 
persons en- 
gaged in busi- 
ness of dealing 
in intangible 



The said deduction shall be determined in the following 
manner : 

A taxpayer who claims the benefit of the said deduction 
shall file with the tax commissioner or the income tax assessor 
of his district a return, in such form as the tax commissioner 
shall from time to time prescribe, of his entire income from 
all sources, together with such other information as the 
tax commissioner may deem necessary for the determination 
of the amount of said deduction. The tax commissioner 
may, in lieu of such return, accept a sworn duplicate of the 
annual return of income made under the pro\isions of the 
act of congress of the United States, approved October 
third, nineteen hundred and thirteen, and acts in amend- 
ment thereof and in addition thereto; he may also, in any 
case where he shall deem it necessary, require the tax-payer 
to file such a sworn duplicate. 

From the said return and information the tax commis- 
sioner or the income tax assessor shall determine the amount 
of interest paid during the year by the taxpayer on debts of 
classes (a) or (b) above enumerated, for which deduction is 
authorized by this section, which interest for the purpose 
of this section shall be called the net interest. He shall also 
determine the total net income of the taxpayer, exclusive of 
income taxable under section five, as such total net income 
would be if no deduction were made for interest paid during 
the year. The taxpayer may deduct from his income taxable 
under section two an amount of interest paid by him during 
the year which shall bear the same proportion to the net 
interest paid as his income taxable under section two bears 
to his total net income as above determined. 

A partnership, association or trust, the beneficial interest 
in which is represented by transferable shares, paying to the 
commonwealth a tax upon income subject to taxation under 
section two of this act, as provided in said section, may 
receive the deduction authorized by this section on the same 
terms as an individual inhabitant. 

Any person filing a fraudulent return or giving fraudulent 
information to the tax commissioner or the income tax 
assessor under this section, shall be subject to the penalties 
set forth in section thirteen of this act in the case of fraudu- 
lent returns. 

Persons described in paragraph (a) of this section may, if 
the deductions allowed by paragraphs (a), (b), (c), (d), (e) 
and (f) of section six exceed the total income taxable under 



General Acts, 1919. — Chap. 287. 



235 



sections five (b) ana fi\e (c), deduct such excess from their personal 

. .. 'in property. 

taxable interest and dividends, after deducting the afore- 



said interest deduction. 



Approved July 5, 1919. 



An Act to establish the salaries of sheriffs in Chap. 2^1 

CERTAIN counties. 

Be it enacted, etc., as follows: 
Section 1. The salaries of sheriffs of the several counties, salaries of 

BfiGrins in ccr" 

unless otherwise provided herein, shall be adjusted by the tain counties 



officer paying the salary on the basis of population, accord- 
ing to the following schedule: — 

Counties under 40,000 population, . 
Counties of 40,000 but not exceeding 45,000, 
Counties of 45,000 but not exceeding 50,000, 
Counties of 50,000 but not exceeding 55,000, 
Counties of 55,000 but not exceeding 60,000, 
Counties of 60,000 but not exceeding 65,000, 
Counties of 65,000 but not exceeding 70,000, 
Counties of 70,000 but not exceeding 75,000, 
Counties of 75,000 but not exceeding 80,000, 
Counties of 80,000 but not exceeding 85,000, 
Counties of 85,000 but not exceeding 90,000, 
Counties of 90,000 but not exceeding 95,000, 
Counties of 95,000 but not exceeding 100,000, 
Counties of 100,000 but not exceeding 125,000, 
Counties of 125,000 but not exceeding 150,000, 
Counties of 150,000 but not exceeding 175,000, 
Counties of 175,000 but not exceeding 200,000, 
Counties of 200,000 but not exceeding 250,000, 
Counties of 250,000 but not exceeding 300,000, 
Counties of 300,000 but not exceeding 340,000, 
Counties of 340,000 but not exceeding 400,000, 
Counties of 400,000 but not exceeding 475,000, . 
Counties having a population of 475,000 and over, $4,200 
additional for each 75,000 population above 475,000. 



established. 



$2,000 
2,100 
2,200 
2,300 
2,400 
2,500 
2,600 
2,700 
2,800 
2,900 
3,000 
3,100 
3,200 
3,300 
3,400 
3,500 
3,600 
3,700 
3,800 
3,900 
4,000 
4,100 
plus $100 



Section 2. Said salaries shall be adjusted by the officer Salaries to be 
paying the salary on the basis of the census returns of the basis of census 
latest state census in the year nineteen hundred and fifteen '"''^^°^' ^^•'• 
in accordance with the provisions of section one of this act, 
and the salaries when so adjusted shall be paid as of June 
first in the current year; and thereafter the said salaries 
shall be readjusted by such officer in the year succeeding 
each state and national census, in accordance with the classi- 
fication set forth in section one, and the salary so readjusted 
shall be allowed from the first day of January in the year of 
adjustment. 



236 



General Acts, 1919. — Chap. 288. 



Salaries to be 
in full compen- 
sation for all 
services ren- 
dered, etc. 



Certain sheriffs 
entitled to rent, 
heat, light, etc. 



Act not to 
apply to cer- 
tain counties. 

Act, how 
construed. 



Section 3. Salaries paid to sheriffs in the counties 
affected bj' the provisions of this act shall be in full com- 
pensation for all services rendered both as sheriff and as 
master and keeper of the jail or house of correction. In 
cases where the sheriff shall elect not to act as master and 
keeper of the jail or house of correction, a sum of one thou- 
sand dollars per annum shall be deducted from the salary as 
adjusted or readjusted under the proA-isions of this act, and 
that amount shall be allowed toward the salary of the person 
appointed to act as master and keeper of the house of correc- 
tion or jail. 

Section 4. Sheriffs who also act as master and keeper of 
the jail or house of correction shall be entitled to rent, heat 
and light, and such subsistence as they may desire out of 
the regular subsistence rations purchased for prisoners, and 
the said allowance shall not be deducted from their salary. 
Sheriffs shall also be entitled to actual travelling expenses 
incurred when on official business of the county. 

Section 5. This act shall not apply to the counties of 
Suffolk, Dukes County and Nantucket. 

Section 6. The provisions of this act shall not be con- 
strued to reduce the salar}' of any present incumbent. 

Approved July 5, WW. 



C hap. 28S An Act to provide for the travelling expenses of 

THE JUSTICES OF THE SUPREME JUDICIAL AND SUPERIOR 
COURTS. 

Be it enacted, etc., as follows: 

Section 1. In addition to the sum of five hundred dol- 
lars now allowed by law, the justices of the supreme judicial 
and superior courts shall be paid from the treasury of the 
commonwealth, upon the certificate of their respective chief 
justices, the amount of the expenses incurred by them in 
the discharge of their duties, to the extent that the said 
expenses exceed the said sum of five hundred dollars. 

Section 2. Retired justices of the superior court shall 
receive their expenses actually incurred while holding court 
in places where they do not reside upon the certificate of the 
chief justice of the court. 

Section 3. This act shall take effect as of the first day 
of July of the current year, provided that the necessary 
appropriation is made at the current session of the general 
court. Approved July 5, WW. 



Travelling ex- 
penses of jus- 
tices of the 
supreme ju- 
dicial and 
superior 
courts. 



Expenses of re- 
tired justices 
of the superior 
court, while 
holding court. 



Time of taking 
effect. 



Proviso. 



General Acts, 1919. — Chap. 289 237 



An Act to permit absent voters to vote at state Qjidj) 289 

ELECTIONS. 

Be it enacted, etc., as follows: 

Section 1. Any voter who on the day of the annual may vote*af^ 
state election is absent from the city or town in v/hich he is state elections. 
registered, under the circumstances specified in section 
seven, may vote in accordance with the provisions herein- 
after set forth. 

Section 2. Prior to each annual state election the secre- Secretary of 

f, ,-, 1,1 1 11 • 1 x-i* commonwealth 

tary or the commonwealth shall prepare m such quantities to prepare cer- 
as he may deem necessary the following papers : — ^"^ papers. 

(a) Official absent voting ballots, similar in all respects ^^fjj^'^^']f "* 
to the official ballot to be used at such election, but printed 

on paper differing in color from that used for official or 
sample ballots. 

(b) Blank forms of application for such ballots, worded of appikation. 
as follows : — 

I, , hereby apply for an official absent Noting 

ballot. I am a legal resident of the city or town of , 

a duly qualified ^•oter, and, as I believe, entitled to \ote at 
the next state election at precinct , ward , 

in said city or town. 

My address on April first in the current year was 
My present address is 

(If in the service of the United States, the applicant will 
fill out the following) 

I am in the military, naval, civil service of the United 
States, and my rank or official position is 
(date) 
(Signature) 

We the undersigned, a majority of the registrars of voters 
of the of , 

hereby certify that the abo\'e signature, to the best of our 
knowledge and belief, appears to be genuine, and that we 
believe said is a duly regis- 

tered voter in said precinct , ward , 

city or town of 

Registrars of voters of the 
of 



238 



General Acts, 1919. — Chap. 289. 



rontem'bLiots ^^^ Envclopes of Sufficient size to contain the ballots 
and affidavit, specified in clause (a), bearing on their reverse the following 
affidavit : — 

State of , 

County of , ss. 

I, , do solemnly swear that I am a regis- 

tered voter in the city or town of , 

Massachusetts, in precinct , ward , that 

there are at least two municipalities inter^•ening between 
the municipalit;\' in which I am a registered ^'oter and the 
place in which I now am; that I have carefully read the 
instructions forwarded to me with the ballot herein enclosed, 
and that I have marked, enclosed and sealed the within 
ballot as stated hereon by the person taking my oath. 

(Signature) 

Subscribed and sworn to before me by the above affiant, 
personally known to me, this day of 

,19 , in the city or town of 

, state of , and I hereby 

certify that when I was alone with the affiant he showed 
me the ballot herein enclosed, unmarked, and then in my 
presence marked the same without my seeing how he marked 
it, after which he sealed said ballot in this envelope. I had 
no communication with the affiant as to how he was to vote, 
(seal, if any) Name 

Residence 

Official title or military or naval 
rank 



Envelopes ad- 
dressed to 
clerks of cities 
and towns, etc. 



Copies of act, 

instructions, 

etc. 



Clerks of cities 
and towns to 
be supplied 



(d) Envelopes of size sufficient to contain the preceding, 
addressed to the clerks of the several cities and towns within 
the commonwealth, upon which shall be printed, "Enclosed 
is the ballot of an absent voter", and at the top thereof 
blank spaces for the name, address and voting place of the 
sender with the words "name", "address", "ward" and 
"precinct" appropriately printed thereon. 

(e) Copies of this act, with such explanatory matter and 
instructions as the secretary of the commonwealth, with the 
approval of the attorney-general, shall deem appropriate to 
carry into effect the purposes of this act. 

Section 3. The secretary of the commonwealth shall 
retain for his own use so many of the papers provided for in 



General Acts, 1919. — Chap. 289. 239 

the preceding section as he may deem sufficient, and shall gj^'' p'^^p^", 
supply each city and town clerk in the commonwealth with 
as many of them as he may deem necessary. 

Section 4. The papers mentioned in clauses (b) and (e) ^®ij-',f ^of"*^ 
of section two shall, as soon as they can be prepared, be papers to ap- 
delivered to any person who by mail or otherwise applies 
therefor to the secretary of the commonwealth or to any 
city or town clerk. All other papers described in said section 
shall be mailed by city and town clerks, postage prepaid, to 
all voters who seasonably file the application set forth in 
clause (b) of said section. 

Section 5. The secretary of the commonwealth shall forwlwPpapera 
obtain as soon as practicable the names, addresses, official *°4^tfj.ed 
rank or title, and the places where they are entitled to vote, voters in miii- 
of all registered voters in the military or naval service of the service of 
United States, or in the civil or official service of the United orTn'^civiior^^'. 
States or of this commonwealth, who by reason of such oPunltef ^'"^ 
service are absent from the commonwealth. The adjutant Massachusetts. 
general and all city and town officials are hereby required 
to give him all reasonable assistance that he may request for 
this purpose. To such voters he shall forward as soon as 
practicable the papers mentioned in clauses (b) and (e) of 
section two, with return envelopes addressed to liimself. 
All applications received from such voters shall be forwarded 
by him to the clerks of the several cities or towns in which 
such voters assert the right to vote. 

Section 6. When an application for an official absent Registrars of 

voters to 

voting ballot is received by the clerk of a city or town, examine ap- 
whether from the voters directly or through the secretary of 
the commonwealth, it shall be transmitted by him to the 
registrars of voters of such city or town, who shall examine 
the same and, if they believe the signature thereon to be 
genuine and the person executing the signature to be a duly 
registered voter, shall execute the certificate thereon and 
return the application to said clerk. The city clerk shall ^^eStais 
cause to be placed on the voting list, opposite the name of A- Y. »" ^'°*- 

, ^ . , o J- 1 1 _ j^g iig(g oppo- 

each person registered as an absent voter, the letters m site names of 
capitals A. V. If they find the person signing the applica- tered as absent 
tion not to be a duly registered voter, they shall send him ^°*'^''^- 
written notice to that effect and shall preserve the appli- Applications 
cation until the time set by law for the destruction of ballots persont"to be 
cast in the coming election, at which time said application '''^^^''^i'^'^- 
shall also be destroyed. The clerk shall keep lists of the cierka to post 
names and addresses, arranged by voting precincts, of all canla°^ ^^^''" 



240 



General Acts, 1919. — Chap. 289. 



Manner of 
voting by 
absent voters. 



Ballots, whon 
to be maileil. 



City and town 
clerks to de- 
liver envelopes 
containing bal- 
lots to election 
officials upon 
election day, 
etc. 



voters filing applications for absent voting ballots, and shall 
post copies of the same for public inspection. 

Section 7. A voter who has executed and filed an appli- 
cation for an official absent voting ballot with the clerk of 
the city or town in which he is a registered voter, or, in the 
case of voters coming within the provisions of section five, 
with such city or town clerk or the secretary of the com- 
monwealth, may, after his application is certified as pro- 
vided in the preceding section, vote by mailing to such city 
or town clerk an official absent voting ballot, prepared 
under the provisions of section two. He shall mark said 
ballot in the presence of an official authorized by law to 
administer oaths, and of no other person, in a municipality 
which is separated by at least two municipalities from the 
city or town wherein the voter is registered. Before marking 
the ballot he shall exhibit it to said official, who shall satisfy 
himself that it is unmarked, but he shall not allow said 
official to see how he marks it. Said official shall hold no 
communication with the voter, nor he with said official, as 
to how he is to vote. Thereafter the voter shall enclose and 
seal the same in the envelope provided for in clause (c) of 
section two. He shall then execute before said official the 
affidavit on said envelope as set forth in said clause (c), and 
shall enclose and seal the envelope with the ballot in the 
envelope provided for in clause (d) of section two, endorse 
thereon his name, address and voting place, and mail the 
same within the time prescribed in the following section, 
postage prepaid, at a post office in a municipality which is 
separated by at least two municipalities from the city or 
town wherein the voter is registered. 

Section 8. All ballots cast under the provisions of the 
preceding section shall be mailed on or prior to the day of 
election. The postmark, if legible, shall be conclusive evi- 
dence of the time and place of mailing. 

Section 9. Upon receipt of an envelope purporting to 
contain an official absent voting ballot, the clerk of the city 
or to\\ai shall attach thereto the application for an official 
absent voting ballot executed by the voter whose name 
appears thereon and certified by the registrars of voters. 
All such envelopes shall be preserved unopened. Upon 
election day before the hour for the closing of the polls the 
said clerk shall deliver all envelopes received by him to the 
election officials in the several voting precincts in which the 
voters named therein assert the right to vote. 



General Acts, 1919. — Chap. 289. 241 

Section 10. Immediately after the closing of the polls, wardens or 
and after the ballots cast have been removed from the open^en^v^opes, 
ballot box, the warden or his deputy in each polling place ?^^,''etc!'^"''" 
shall open all envelopes delivered to him under the provi- 
sions of the preceding section, and shall compare the signa- 
tures on the envelopes therein enclosed with the signatm'es 
on the applications attached thereto, except in the case of 
ballots prepared under the provisions of section thirteen, 
and shall examine the postmarks and affidavits. If the 
affidavits are properly executed, and if the postmarks and 
affidavits, or, in case the postmarks are illegible, if the affi- 
davits sufficiently disclose that the ballots were executed 
and mailed in accordance with the provisions of this act, and 
if the signatures on the affidavits appear to be executed by 
the same persons who signed the applications, and to be the 
signatures of duly registered voters who have not voted at 
the election, he shall make public announcement of the 
names of the absent voters, open the envelopes in such 
manner as not to destroy the affidavits thereon, take out the 
ballots without unfolding them, or permitting them to be 
opened or examined, and, after checking the names of the Ballots to be 
absent voters on the voting list, shall deposit the ballots in bXf tol.'" 
the ballot box. If he finds an envelope to bear an affidavit Rejection of 
improperly executed, or not signed by the person who 
signed the accompanying application, or if the voter whose 
name appears thereon is not a registered voter or has voted 
in person, he shall not open the envelope, but shall mark 
across the face thereof "Rejected as defective", "Rejected 
as not a voter", "Voted in person", as the case may be. 
All envelopes, opened or unopened, shall be retained with Envelopes to 
the ballots cast at the election, and preserved and destroyed etc!^^ ^'"^ ' 
in the manner provided by law for the retention, preserva- 
tion or destruction of official ballots. The tally sheets in Envelopes to be 
use at elections shall provide in convenient form for the tan°y sheets, 
recording thereon of all envelopes, as well as all accepted or **'*'■ 
rejected ballots of absent voters. 

Section 11. All ballots received by mail shall be subject Baiiotatobe 
to challenge when and as cast for non-compliance with this challenge" 
act or for any reason allowed by applicable provisions of 
existing law, and if challenged shall be disposed of in accord- 
ance with the provisions of section three hundred of chapter 
eight hundred and thirty-five of the acts of nineteen hun- 
dred and thirteen, as amended by chapter forty-one of the 
General Acts of nineteen hundred and eighteen, provided Proviso. 



242 



General Acts, 1919. — Chap. 289. 



Ballots not to 
be rejected for 
immaterial 
irregularities, 
etc. 



Marking of 
ballots of ab- 
sent voters 
unable to write. 



Belated enve- 
lopes contain- 
ing ballots not 
to be opened, 
etc. 



Voters mailing 
ballots may 
vote in person. 

Mailed ballots 
not to be 
counted if voter 
died prior to 
opening of 
polls. 



Soldiers, 
sailors or ma- 
rines, without 
the United 
States, may 
substitute for 
required jurat 
a written 
statement, 
etc. 



Secretary to 
distribute 
printed infor- 
mation, in- 
structions, etc. 



that so much of said section as involves the administering of 
an oath shall not apply thereto, and the A\Titing of the name 
and address of the voter upon the ballot shall be performed 
by the officer charged with depositing the ballot in the 
ballot box. 

Section 12. No ballot transmitted under the provisions 
of this act shall be rejected for any immaterial addition, 
omission or irregularity in the preparation or execution of 
any writing or affidavit required herein. 

Section 13. An absent voter who is unable to mark his 
ballot may have it marked for him by the clerk of a court of 
record, who shall add in writing to the jurat a statement of 
the fact that the voter is unable to ^\Tite, stating the reason 
therefor, and shall sign the voter's name on both envelopes. 

Section 14. All envelopes received by clerks of cities 
and towns after the hour fixed for the closing of the polls on 
the day of election shall be retained by them unopened until 
the time set by law for the destruction of ballots cast at the 
state election, at which time the envelopes shall likewise be 
destroyed, unopened and unexamined. 

Section 15. Nothing herein contained shall prevent a 
voter who has mailed a ballot under the provisions hereof 
from voting in person. No ballot mailed under the provi- 
sions hereof shall be counted if the officers charged with the 
duty of counting the same are cognizant of the fact that 
the voter has died prior to the opening of the polls on the 
day of election. 

Section 16. Any soldier, sailor or marine, without the 
United States, voting as herein permitted, may substitute 
for the required jurat and transmit with the sealed ballot, a 
WTitten statement in such form as the secretary of the com- 
monwealth shall pr'escribe, setting forth the facts required, 
made by any one of his superior officers of a rank in the 
army higher than first lieutenant, and in the navy higher 
than lieutenant of the second grade. 

Section 17. The secretary of the commonwealth shall 
prepare for the use of election officials, city and town clerks 
and registrars of voters such printed information and in- 
structions, subject to approval b,y the attorney-general, as 
he may deem proper to facilitate the operation of this act. 
Such printed matter shall be transmitted to said officials 
prior to each state election. The secretary is further au- 
thorized to prepare and distribute subject to like approval, 



General Acts, 1919. — Chap. 289. 243 

such general information relative to this act as he may 
deem expedient. 
Section 18. The terms "citv clerk" and "registrars of Application of 

.,..,. ' ii«i' certain terms 

voters shall m Boston apply to the board of election com- used in the act. 
missioners. The words "annual state election" shall, after 
the taking effect of the constitutional amendment providing 
for biennial state elections, refer to the biennial state elec- 
tion. 

Section 19. The supreme judicial court and the superior jurisdiction of 
court shall have jurisdiction in equity to require the certifi- cik'i'^^^d'' ^"'^'" 
cation of any application for an absent voting ballot which superior courts. 
the registrars of voters have unreasonably^ refused to certify; 
to order the counting of any ballots improperly rejected, or 
to enjoin the counting of any ballot which cannot reasonably 
be identified as the ballot of a person la^vfully entitled to 
vote as herein provided, or which was not cast in accordance 
with the provisions of this act, provided that no proceeding Proviso. 
under this act shall be begun later than the date fixed by 
law for the final canvass of an}^ votes cast under this act for 
candidates for state offices. 

Section 20. Section ninety-seven of said chapter eight 1913. 835, § 97. 
hundred and thirty-five is hereby amended by striking out °'"^'^^ 
the word "sixth", in the first line, and substituting the 
word: — eighth, — so as to read as follows: — Section 97. f^'p°^^t^ 
State primaries shall be held on the eighth Tuesday pre- 
ceding state elections, city primaries on the third Tuesday 
preceding city elections, town primaries on the second 
Tuesday preceding town elections, and presidential primaries 
on the last Tuesday in April; except that primaries before 
a special election shall be held on the second Tuesday pre- 
ceding the special election. 

In Boston they shall be held by precincts as established p°ednc^ts'fn^^ 
for elections; elsewhere, wholh' or partly by wards, pre- certain places. 
cincts or towns, as the board of aldermen or selectmen may 
from time to time determine. 

Section 21. Chapter eight hundred and thirty-five of etc^'jSfended' 
the acts of nineteen hundred and thirteen, as amended by 
section thirty-three of chapter two hundred and ninet^'-three 
of the General Acts of nineteen hundred and eighteen, is 
hereby further amended by striking out section two hundred 
and three and substituting the following: — Section ^05. Certificates of 
Certificates of nomination of candidates for oSices to be and nomination 
filled by all the voters of the commonwealth, except for fiUng. ' 



244 



General Acts, 1919. — Chap. 289. 



In certain 
cities. 



Nomination 
papers in 
Boston. 



Certificates of 
nomination in 
towns. 



Last hour for 
filing. 



Penalties for 
illegal voting. 



Repeals. 



presidential electors, shall be filed on or before the seventh 
Monday, and of all other candidates for offices to be filled 
at a state election, including presidential electors, on or 
before the fifth Thursday, and nomination papers of all 
candidates for offices to be filled at a state election, on or 
before the sixth IMonday preceding the day of the election; 
but if there is a special election to fill any state office, certifi- 
cates of nomination shall be filed on or before the twelfth 
day, and nomination papers on or before the eleventh day 
preceding the day of such election. 

In cities, except where city charters provide otherwise, 
certificates of nomination for city offices shall be filed on or 
before the third Monday, and nomination papers on or 
before the second Wednesday preceding the day of the elec- 
tion. 

In Boston, nomination papers for all municipal offices 
shall be filed on or before the twenty-first day prior to the 
municipal election. 

In towns, certificates of nomination for town offices shall 
be filed on or before the second Wednesday, and nomination 
papers, on or before the second Thursday preceding the day 
of the election; but if such Wednesday or Thursday falls on 
a legal holiday, the said certificates of nomination or nomina- 
tion papers shall be filed on or before the succeeding day; 
but if a town election is held on a day of the week other 
than Monday, such certificates of nomination and nomina- 
tion papers shall be filed, respectively, on the twelfth and 
eleventh days preceding the day of the election. 

Certificates of nomination and nomination papers shall be 
filed before five o'clock in the afternoon of the last day fixed 
for the filing thereof. 

Section 22. Whoever, not being entitled to vote under 
the pro^'isions of this act votes or attempts to vote under the 
provisions hereof, or whoever, being entitled to vote under 
the provisions of this act, knowingly votes or attempts to 
vote in violation of the terms thereof, or whoever being an 
official trusted with the execution of this act wilfully violates 
any provision thereof shall be punished by a fine of not 
more than five hundred dollars and by imprisonment in jail 
for not more than one year. 

Section 23. Sections one to thirty-two, inclusive, and 
section thirty-four of chapter two hundred and ninety-three 
of the General Acts of nineteen hundred and eighteen, and 



General Acts, 1919. — Chap. 290. 245 

amendments thereof, and chapter two hundred and ninety- 
five of the General Acts of said year are hereby repealed. 

Section 24. Section twenty-three of this act shall take T|me of taking 
effect ninety days after the passage thereof; otherwise this 
act shall take effect on the first day of January, nineteen 
hundred and twenty. Approved July 7, 1919. 

Ax Act rei^^tre to state and military aid and to the Chav.2^0 

BURIAL OF INDIGENT SOLDIERS AND SAILORS. 

Be it enacted, etc., as follows: 

Section 1. The commissioner of state aid and pensions, Commissioner 
appointed under the provisions of chapter one hundred and and pensions, 
ninety-two of the acts of nineteen 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 payments 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 the said pur- 
poses and for all other expenses necessary to the proper 
performance of his duties such sums 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 Deputy com- 
appointed under the provisions of said chapter one hundred ITSr^. 
and ninety-two shall be subject to the direction and control 
of the commissioner. In case the commissioner is tempo- 
rarily absent or unable from any cause to perform the duties 
of his office, the deputy shall perform the duties of the com- 
missioner until such absence or disability ceases. The Salaries, 
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 cierks, agents, 
commissioner may, with the approval of the governor and merit and 
council, appoint a chief clerk and not more than five other ^^"^■ 
clerks and stenographers and twelve agents. The salaries 



246 General Acts, 1919. — Chap. 290. 

of said chief clerk, clerks, stenographers and agents shall be 
fixed in accordance with the provisions of chapter two hun- 
dred and twenty-eight of the General Acts of nineteen hun- 
dred and eighteen and within the limit of the amount annu- 
all}^ appropriated therefor by the general court. 
Swnsma' SECTION 2. A city or town may raise money, and, under 

pay state and ^hc dircctiou of the may Or and aldermen or officers or board 
etc. ' having the powers of mayor and aldermen, or selectmen, or, 

in Boston, subject to the order of the city council, as to the 
amounts to be paid to beneficiaries, but under the direc- 
tion of the soldiers' relief commissioner, pay state or military 
aid to, or expend it for, any worthy person, subject to the 
Interference couditious spccificd iu this chaptcr. Whenever money is 
^L'idS^dden expended for any person within the provisions of this act, no 
astoexpendi- Qfg^er of Ruy city or town shall, directly or indirectly, solicit, 
direct, or in any way interfere with the recipient of such 
aid in the matter of the person, partnership or corporation 
to whom or to which, or the place at which the recipient shall 
Penalty. givc his custom; and whoever violates this provision shall 

be subject to a fine of not less than twenty-five nor more 
Names of bene- than fivc huudrcd dollars. No city or town, and no depart- 

ficiaries not to , fr> • i p *j_ j_ ' j-l^' lj.1- 

be published ment or official of any city or town in this commonwealth 
distribution. shall publish in any annual or other report for general dis- 
tribution to the public or to the citizens of any city or town 
the names of any persons receiving aid under the provisions 
of the following sections. 

State Aid. 

ftairaiS ciuaii- Section 3. The recipient of state aid shall have a resi- 
ficatior'et^c'''Tf' dence, and shall actually reside, in the city or town from 
recipients. ' which such aid is received, shall not receive aid from any 
other city or town in the commonwealth or from any other 
state, shall be in such needy circumstances as to require 
public assistance, and, if a soldier, sailor or nurse, shall have 
been honorably discharged from all appointments and en- 
listment in the army or navy, shall be so far disabled, as the 
result of his service in the army or navy, as to pre^'ent him 
from following his usual occupation, and shall belong to one 
of the following classes: 

First Class. 

First Class. Invalid pensioners of the United States who served in the 

Civil war. j^j.j^^y Qj, ^^^y Qf ^}^g United States to the credit of this com- 
monwealth in the civil war, between the nineteenth day of 



General Acts, 1919. — Chap. 290. 247 

April In the year eighteen hundred and sixty-one and the First ciass. 
first day of September in the j^ear eighteen hundred and civiiwar. 
sixty-five; or who served in such army or navy in the mifi- 
tary organizations of this commonwealth known as three 
months' men, ninety days' men or one hundred days' men 
mustered into the service of the United States in April, May, 
June or July in the year eighteen hundred and sixty-one, or 
in April, May, July or August in the year eighteen hundred 
and sixty-four, or who, having their residence and actually 
residing in this commonwealth at the time of their enlist- 
ment, either served to the credit of some other state in such 
army or navy, between the nineteenth day of April in the 
year eighteen hundred and sixty-one and the eighteenth 
day of March in the year eighteen hundred and sixty-two, 
or served in such army or navy, having been mustered into 
the service of the United States at some time between the 
first day of May and the first day of October in the year 
eighteen hundred and sixty-two, while having a residence 
and actually living in this commonwealth and while a mem- 
ber of one of the organizations of the volunteer militia, 
known as the Boston Cadets, the Salem Cadets, the Eighth 
Battery of Light Artillery, or Company B of the Seventh 
Regiment of Infantry; or who served in said navy, being 
one of the persons included in the list of officers, sailors and 
marines prepared by the adjutant general in accordance 
with chapter fifteen of the resolves of eighteen hundred and 
seventy-five and chapter eight of the resolves of eighteen 
hundred and eighty, having been appointed or mustered 
into and having served in the naval service of the United 
States while an actual resident of this commonwealth; or 
who served in the regular army or navy of the United States 
during the civil war, having been appointed or having en- 
listed in said army or navy, while a citizen of this common- 
wealth, ha^'ing a residence and actually residing therein; 

Invalid pensioners of the United States who served in the war with Spain. 
army or navy of the United States to the credit of this com- 
monwealth in the war with Spain, which for the purposes of 
this chapter is defined as having begun on the fifteenth day 
of February in the year eighteen hundred and ninety-eight 
and as having ended on the twelfth day of August in said 
3^ear; or who served in the regular army or navy of the 
United States during said war, having been appointed or 
having enlisted in said army while a citizen of this com- 
monwealth, having a residence and actually residing therein; 



248 



General Acts, 1919. — Chap. 290. 



First CIass. 

Mexican 

border. 



War with 
Germany. 



Provisos. 



Second Class 
Dependent 
relatives, etc. 



Civil war. 



Soldiers mustered into the military service of the United 
States as part of the quota of this commonwealth called for 
service on the IVIexican border in the year nineteen hundred 
and sixteen, and who are in receipt of pension or compensa- 
tion from the United States for disability or illness incurred 
in such service, which for the purposes of this chapter shall 
be deemed to have begun on the nineteenth day of June in 
the year nineteen hundred and sixteen, and as having ended 
on the third day of February in the year nineteen hundred 
and seventeen, having been mustered Into such service 
while an inhabitant of a city or town in this commonwealth 
and actually residing therein; 

Any soldier, sailor, or nurse who served In the army or 
navy of the United States in the war with Germany, which 
for the purposes of this chapter shall be defined as having 
begun on the third day of February, nineteen hundred and 
seventeen, and as having ended on the eleventh day of 
November in the year nineteen hundred and eighteen: 'pro- 
vided, that such soldier, sailor, or nurse, receives a pension or 
compensation from the United States government for dis- 
ability incurred In such service, and was mustered into such 
service while an Inhabitant of a city or town in the com- 
monwealth and actually residing therein; and provided, 
further, that such soldier, sailor, or nurse was honorably dis- 
charged from such service by reason of illness or disability 
Incurred therein. 

Second Class. 



Dependent relatives of invalid pensioners and of soldiers 
or sailors who served In the manner and under the limitations 
described for such service under class one who did not die in 
the service above defined and who were honorably discharged 
therefrom, as follows: 

The wives and widowed mothers of invalid pensioners who 
served In the civil war, and the widows and widowed mothers 
of soldiers or sailors dying In such service or after honorable 
discharge therefrom. 
War with Spain, 'pj^g wIdows and widowcd mothers of soldiers or sailors 
who served In the war with Spain dying in such service or 
dying after their honorable discharge therefrom, or dying 
while in receipt of a pension from the United States or of 
state aid from this commonwealth, and the wife and widowed 
mother of any invalid pensioner of the Spanish war service. 



General Acts, 1919. — Chap. 290. 249 

The widow and children under sixteen years of age of any second ciaas. 
person who incurred disability during service on the Mexican gh'/,j^'^""g'[^, 
border as defined in class one and has died from such dis- j^^^"''^" 
ability, either while in the service or after an honorable 
discharge therefrom: jnovided, that only such children Proviso. 
whose birth occurred prior to said discharge or to the first 
day of January nineteen hundred and eighteen may receive 
state aid under this chapter. 

The dependent widow, dependent widowed mother and Dependent 
dependent children up to the age of sixteen of any soldier, German waV. 
sailor, or nurse who died while in such service during the 
German war as defined in class one, or who shall die after 
an honorable discharge from such service from injuries re- 
ceived or disabilities or illness incurred therein, or any child 
dependent by reason of physical or mental incapacity; yro- Proviao. 
vided, that the children were in being prior to his or her dis- 
charge or prior to the termination of said war as herein 
defined, or any person who stood to him or her in the relation- 
ship of a parent for five years prior to such service. 

There shall also be included in this class the crippled or Certain 
otherwise helpless children, whether minors or adults, of chndren. 
soldiers or sailors who served in either the civil war or the 
war with Spain, jnovided, that such children are in receipt Proviso. 
of a pension from the United States. 

Third Clo^.f. 

Dependent wives, and children up to sixteen years of age, Third ciasg. 
widows and widowed mothers of soldiers, sailors, and nurses, p|nd*Jnt wVes, 
entitled to state aid as defined in class one of this section, etc. 
who appear on the rolls of their regiments or companies in 
the office of the adjutant general to be missing or to have 
been captured by the enemy, and who were not exchanged 
and have not returned from captivity, and whom the city 
or town officers granting such aid have good reason to believe 
to be dead. 

Fourth Class. 

Fathers or mothers, the fathers being living, of soldiers or Fourth Class, 
sailors who served in the war with Spain, in the manner and f^th^i^or 
under the limitations described for the service of said invalid mothers; 

J , J. J . , . .„ , Spanish war. 

pensioners, and who died in such service, it such parents 
were receiving aid on the eighteenth day of May in the 
year eighteen hundred and ninety-nine. 



250 



General Acts, 1919. — Chap. 290. 



Fourth Class. 
Certain fathers 
or mothers; 
German war. 



Certain 
officials to be 
satisfied as to 
necessity of aid. 



Fathers or mothers, the fathers being living, of soldiers 
or sailors who served in the German war, in the same manner 
and under the same limitations described herein for the 
service of said soldiers or sailors, and who died in such 
service, if such parents had been in receipt of state war 
allowance between February third nineteen hundred and 
seventeen and November eleventh nineteen hundred and 
eighteen. No aid shall be granted to persons in this class 
unless in each case the mayor and aldermen, or officers or 
board having the powers of mayor and aldermen, selectmen, 
or, in Boston, the soldiers' relief commissioner, are satisfied, 
on evidence first reported to the commissioner of state aid 
and satisfactory to him, that justice and necessity require a 
continuance of the aid to prevent actual suftering. 



Fifth Class. 
Certain 
nurses in army 
or navy 
hospitals. 



Commissioner 
to determine 
amount and 
duration of aid. 

Restrictions as 
to wife or 
widow of a dis- 
charged soldier 
or sailor. 



Fifth Class. 

Women who served not less than three months as nurses 
in the army hospitals of the United States between the nine- 
teenth day of April in the year eighteen hundred and sixty- 
one and the first day of September in the year eighteen hun- 
dred and sixty-five, or who served not less than three months 
as nurses in the army or navy hospitals of the United States 
between the fifteenth day of February in the year eighteen 
hundred and ninety-eight, and the twelfth day of April in 
the year eighteen hundred and ninety-nine, or who served 
in the war with Germany for not less than three months as 
nurses in the army or navy hospitals between the third day 
of February nineteen hundred and seventeen, and the 
eleventh day of November in the year nineteen hundred and 
eighteen, and who for three consecutive years next prior to 
the date of application for aid, shall have been actually 
resident in this commonwealth, and who shall not be in 
receipt of an annuity from this commonwealth, if the mu- 
nicipal authorities are satisfied, on evidence first reported to 
and found satisfactory by the commissioner of state aid, 
that the service was actually rendered and that justice and 
necessity require the granting of aid. The amount of such 
aid and its duration shall be determined by the commis- 
sioner of state aid. 

Section 4, The wife of a discharged soldier or sailor 
shall not be held to belong to any of the foregoing classes, 
nor shall receive state aid unless, if the service of the soldier 
or sailor was in the war with Spain, she was married to 



General Acts, 1919. — Chap. 290. 251 

him before his final discharge from such service, and, if his 
widow, before the eleventh day of April in the year nineteen 
hundred and five, and if his service was in the civil war 
unless she was, if his wife, married to him prior to his final 
discharge from such service; and, if his widow, prior to the 
twenty-seventh day of June in the year eighteen hundred 
and ninety, and if the service of the soldier or sailor was on 
the Mexican border or in the war with Germany unless she 
was married to him prior to his final discharge from the 
service or release from active duty therein, and, if his 
widow, prior to July first, in the year nineteen hundred 
and nineteen. 

Section 5. Of the persons to or for whom state aid is classification 
paid under any special act or resolve, designating them b}' cLrrer^' 
name, and passed after the first day of June in the year 
eighteen himdred and seventy-nine, or to or for whom state 
aid was then being paid under any special act or resolve 
then repealed, all soldiers and sailors shall be held to belong 
to the first class, and all dependent relatives of soldiers and 
sailors to the second class, of section three, notwithstanding 
the limitations of the said classes; and state aid may be 
paid to or for such persons in the same manner and with 
the same limitations as it is paid to or for other persons of 
their respective classes; but no aid shall be paid to or for 
any person under the provisions of this section contrary to 
any limitation or condition of the original special act or 
resolve authorizing state aid to be paid to or for him. 

Section 6. No state aid shall be paid to or for a person Limit of 
of the first class of section three exceeding in any one month able"" ^ ^^^ 
three fourths of the monthly amount of his United States 
pension or compensation, nor exceeding six dollars in any 
one month; or to or for a person of the second, third, fourth 
or fifth class of said section exceeding six dollars in an}^ one 
month; and no more than twelve dollars shall be paid to or 
for all dependent relatives of any one soldier or sailor in any 
one month. State aid shall not be paid to or for any soldier 
or sailor on account of service in the war with Spain, or to 
his dependent relatives, unless he enlisted or was appointed 
in the service of the United States after the fourteenth day 
of February and prior to the twelfth day of August in the 
year eighteen hundred and ninety-eight; but it may be 
allowed to or for volunteers mustered into the service of the 
United States in Massachusetts regiments after said twelfth 
day of August but prior to the first da}- of January, eighteen 



252 



General Acts, 1919. — Chap. 290. 



Applications 
for state aid, 
eontents, etc. 



Commissioner 
to determine 
all con- 
troversies, etc. 



Appeal to 
governor and 
council. 



hundred and ninety-nine, who shall otherwise be qualified to 
receive the same, and to or for their dependent relatives. 

Section 7. Applicants for state aid shall, before any 
payment thereof to them, state in ^\Titing under oath the 
name, age and residence of the person for whom such aid is 
sought, his relation to the person who rendered the service 
entitling the applicant to aid, the company, regiment or 
vessel in or to which the officer, soldier or sailor enlisted or 
was appointed and in which he last served; the date and 
place of such enlistment, if known; the duration of such 
service and the reason upon which the claim for aid is founded; 
and shall furnish such official certificates of record, evidence 
of enlistment, service and discharge as may be required. 
The original papers in each case shall be filed with the com- 
missioner of state aid, who shall from time to time provide 
each city and town with blank formes for the use of appli- 
cants for aid. 

Section 8. Said commissioner shall determine all con- 
troversies between invalid pensioners and city and town 
authorities relative to claims for state aid. He may refuse 
to decide on the necessity of a claimant for aid, but if he 
shall determine that a claimant is entitled thereto he may 
authorize its payment to him monthly for not more than 
one year, under such limitations as he may impose. An 
appeal may be taken from his determination to the governor 
and council, whose decision shall be final. 



Military aid, 
qualifications, 
etc., of 
recipients. 



First Class. 



Military Aid. 

Section 9. The recipient of military aid shall belong to 
and have the qualifications of one of the four following 
classes: — 

First Class. 

Each person of the first class shall have his settlement in 
the city or town aiding him; shall have served as a soldier, 
sailor, marine, nurse, or commissioned officer in the manner 
and under the limitations prescribed in the first class of 
section three; shall have been honorably discharged or 
released from active duty in such United States service and 
from all appointments and enlistments therein; shall be 
poor and indigent and, by reason of sickness or other physical 
disability, in such need as would entitle him to relief under 
the pauper laws; shall not be, directly or indirectly, in 
receipt of any other state or military aid, or of any pension 



General Acts, 1919. — Chap. 290. 253 

for services rendered or disabilities incurred either in the 
Civil or Spanish wars, Mexican border service or German 
war service. The disability must have arisen from causes 
independent of his military or naval service aforesaid. 

Second Class. 

Each person of the second class shall have his settlement Second ciaaa. 
in the city or town aiding him, and shall be an invalid 
pensioner, entitled to receive state aid, whose income from 
pension or government compensation and state aid is inade- 
quate for his relief, and who would otherwise receive relief 
under the pauper laws. 

Third Class. 

Each person of the third class shall have all the qualifica- Third ciass. 
tions of persons of the first class except settlement, and shall 
have been a continuous resident of this commonwealth 
during the three years last preceding his receipt of military 
aid, and he or she shall be a resident of the city or town 
granting the aid. 

Fourth Class. 

Each person of the fourth class shall have all the qualifica- Fourth Class. 
tions of persons of the second class except settlement, and 
shall have been a continuous resident of this commonwealth 
during the three years last preceding his or her receipt of 
military aid, and shall be a resident of the city or town 
granting aid. 

Section 10. A city or town shall not render military aid p^der required 

n 1 1 • 1 (• 11 M • 1 i> • 1 1 payment of 

to a person or the thu-d or fourth class until it has furnished miutary aid by 

. ., . . i> J , • 1 1 -1 1 cities or towns. 

to the commissioner or state aid such evidence as may be 
required that the applicant is entitled to receive aid and 
has received from said commissioner an order fixing the 
maximum amount which may be paid a month and the 
period during which aid may be allowed, and stating such 
other conditions as the commissioner may impose relative 
to such aid. The said order may be revoked or modified by 
the commissioner by giving written notice to the city or 
town which procures it. 

Section 11. No person shall be compelled to receive Receipt of 
military aid without his consent, nor shall any person be ^t''com-*"^ 
compelled to receive military aid in an almshouse or other p'^'^°''>'- 
public institution unless his physical or mental condition 
requires it, and, except in such case, it shall be paid to or 



254 



General Acts, 1919. — Chap. 290. 



military aid, 
etc. 



expended for those persons only who live separate from 
Certain persons receiving support as paupers. The mayor and alder- 

?^iveand men, selectmen, soldiers' relief commissioner or the commis- 
itatrs'pYrl^i'o^ns ^ioncr of statc aid may require a person to whom military 
^f .r^]pjent^3 of aid is granted to pay over his or her United States pension 
or compensation to them to be expended for his or her 
relief before receiving such aid. In all cases where an appli- 
cant for military aid has a settlement outside the city or 
town in which application is made, the official required to 
act thereon shall, within three days, notify the correspond- 
ing official in the city or town of the applicant's settlement, 
and also the commissioner of state aid and pensions. 



Receipt of aid 
limited. 



Application of 
aid. 



Not to be paid 
to certain per- 
sons, unless. 



State aid not 
subject to trus- 
tee process or 
assignable. 



General Provisions. 

Section 12. No person shall at the same time receive 
both state and military aid. 

Section 13. State and military aid shall be paid to or 
applied solely for the benefit of the person for whom it is 
intended, and only so much shall be paid to or for him as 
may be necessary to afford him reasonable relief or support. 
It shall not be paid to or for any person who is able to support 
himself, or who is in receipt of income or o"wtis property 
sufficient for his support, nor to an amount in excess of such 
amount as is necessary, in addition to his income and prop- 
erty, for his personal relief or support, nor to or for any 
soldier, sailor, pensioner, dependent relative or nurse if the 
necessity therefor is caused by the voluntary idleness or 
continuous vicious or intemperate habits of the soldier, 
sailor, nm-se or pensioner on whose account such aid is 
sought, nor to or for any person who has been dishonorably 
discharged from any national soldiers' or sailors' home or 
from the Soldiers' Home in this commonwealth, unless the 
commissioner of state aid, after a hearing, shall otherwise 
determine. Nor shall state or military aid be paid to any 
person who at the time of entering the federal service was a 
subject or citizen of a neutral country, had filed his intention 
to become a citizen of the United States, and afterward 
withdrew such intention under the provisions of the act of 
congress approved on the ninth day of July in the year 
nineteen hundred and eighteen, nor to any person desig- 
nated upon his discharge as a conscientious objector. State 
aid shall not be subject to the trustee process, and no assign- 
ment thereof shall be valid. No back state aid shall be 



General Acts, 1919. — Chap. 290. 255 

paid, nor shall state aid be paid to or for any person con- certain 
victed of crime unless the municipal authorities and the paymeToT" 
commissioner of state aid otherwise determine, nor shall state aid. 
state or military aid be paid if the pensioner, soldier, sailor 
or nurse deserted from the service of the United States either 
in the war of the rebellion, the war with Spain, the Mexi- 
can border or the German war service, or is wilfully absent 
from his family and neglects to render them such assistance 
as he is able to give. 

Section 14. The full amount expended for state or Returns of 
military aid by any city or town, the names of the persons by^dtiesamT ° 
aided and the classes to which they severally belong, the *°"°^' 
amounts paid to or for each person, the reasons therefor, the 
names of the persons on account of whose services the aid 
was granted, the names, if any, of the companies, regiments 
or vessels in which they respectively enlisted, or to which 
they were appointed, and in which they last served, and the 
relationship of each person who was aided to the soldier or 
sailor on account of whose service the aid was granted, and 
such other details as the commissioner of state aid may 
require, shall, within the first ten days of the month follow- 
ing the month in which the expenditure was made, be certi- 
fied, under oath, by the mayor, treasurer and city clerk of 
any city or a majority of the selectmen of any town dis- 
bursing the same, to said commissioner on blank forms to 
be provided by him, and in a manner approved by him. The Allowance, etc.. 
commissioner shall examine the certificates thereof and sioner of state 
allow and endorse thereon such amounts as, in his judg- ^'^' 
ment, have been paid and reported according to the provi- 
sions of this act, and shall transmit the certificates to the 
auditor. The commissioner may decide upon the necessity 
of the amount paid in each case, and may allow any part 
thereof which he may deem proper and lawful and which, in 
cases of payment to or for persons of the third or fourth 
class entitled to receive military aid, he shall also find to 
have been made according to his orders; but he shall allow 
and endorse the amounts which he has specifically authorized 
to be paid under and according to his decisions made under 
section eight of this act. The whole of the amounts legally Reiniburse^ 
paid as aforesaid and so allowed for state aid, and all pay- and towns by 
ments to or for persons of the third or fourth class entitled 
to military aid, and one half of all payments made to persons 
of the first or second class entitled to military aid, but none 
of the expenses attending the payment of state or military 



256 



General Acts, 1919. — Chap. 290. 



Investigation 
of claims. 



Allowance of 
reasonable 
expenses, etc. 



Terms defined. 



aid, shall be reimbursed by the commonwealth to the several 
cities and towns on or before the tenth day of November in 
the year after such expenditure. 

Section 15. The commissioner may, with the consent 
of the governor, appoint, as occasion may require, one or 
more disinterested persons who shall investigate any claims 
against the commonwealth for state or military aid, may 
examine any persons to or for whom such aid has been 
paid, investigate the reasons therefor and all matters relating 
to the granting of such aid, and shall report their doings to 
the commissioner. The reasonable expenses of the commis- 
sioner, and the expenses and compensation of any such 
disinterested person, approved by the commissioner, and 
allowed by the governor and council, shall be paid by the 
commonwealth. Municipal authorities charged with the 
disbursing of state or military aid shall from time to time, 
after its original allowance, make such investigations of the 
necessities and qualifications of the person aided as to pre- 
vent any payment thereof contrary to the provisions of this 
act. 

Section 16. The words "pensioner", "soldier", and 
"sailor", as used in this act, shall be held to include a com- 
missioned officer, and the word "sailor" shall be held to 
include a marine. 



Burial agents, 
duties, etc. 



Proviso. 



Burial of Indigent Soldiers, etc. 

Section 17. The mayor of each city and the selectmen 
of each town or, in Boston, the soldiers' relief commissioner, 
shall designate a burial agent, who shall not be one of the 
overseers of the poor or be employed b}' them, and who 
shall, under regulations established by the commissioner 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 the 
United States and Spain or the Philippine insurrection after 
the fourteenth day of February, in the year eighteen hun- 
dred 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 nine- 
teen hundred and seventeen, or in the present war with 
Germany: provided, that the soldier, sailor or marine dies 
in such service or after an honorable discharge therefrom or 



General Acts, 1919. — Chap. 290. 257 

release from active duty therein, and also the bodj^ 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 hun- 
dred 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 Jan- 
uary in the year nineteen hundred and ten; and no wife or 
widow of any soldier, sailor or marine of the Mexican in- 
surrection or of the present war with Germany unless she 
was married to him prior to his final discharge from such 
service. If an interment has taken place without the knowl- Application to 
edge of the burial agent, application may be made to him afte'Awfemient 
within thirty days after the date of the death, or after final fol^r^^*'"'' 
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 following section. 

Section IS. The expense of a burial as aforesaid shall ^g^eof *^' 
not exceed sixty dollars, two dollars of which shall be paid burials, etc. 
as compensation to the burial agent who caused the inter- 
ment to be made; but if the total expense of the burial, by 
whomsoever incurred, shall exceed the sum of one hundred 
and thirty-five dollars, no payment therefor shall be made 
by the commonwealth. The burial shall not be made in any 
cemetery or burial ground which is used exclusively for the 
burial of the pauper dead, or in any part of any cemetery or 
burial ground so used. Relatives of the deceased who are 
unable to bear the expense of burial may be allowed to 
conduct the funeral. The full amount so expended, the name Returns of ex- 
of the deceased soldier, sailor or marine, the regiment, com- ci^res'lnT ^^ 
pany or vessel in which he served, the date of death, place *°"'"* 
of interment, and in case of a wife or widow the name of 
the husband and date of marriage, and such other details as 
the commissioner of state aid may require, shall be certified 
under oath to him, in such manner as he may approve, by the 
burial agent and the treasurer of the city or town expend- 
ing the amount, within ninety days after the burial; and 
the commissioner shall endorse upon the certificate his 



258 



General Acts, 1919. — Chap. 291. 



Reimburse- 
ment by com- 
monwealth. 



Act, how 
construed. 



Time of taking 
effect. 



allowance of such amounts as, in his judgment, have been 
paid, and reported according to the foregoing provisions, 
and shall transmit the certificate to the auditor. The 
amounts legally paid and so allowed, with no expense for 
disbursement, shall be reimbursed by the commonwealth to 
the several cities and towns on or before the tenth day of 
November in the year after the expenditures have been 
made. 

Section 19. So far as the provisions of this act are the 
same as those of existing laws, they shall be construed as a 
continuation thereof and not as new enactments. 

Section 20. This act shall take effect on the first day 
of January in the year nineteen hundred and twenty. 

Approved July 7, 1919. 



R. L. 44, § 4, 
etc., amended. 



Chap.2^\ An Act relative to the attendance of a child at 

SCHOOL IN SOME CITY OR TOWN OTHER THAN THAT IN 
WHICH THE PARENT OR GUARDIAN RESIDES. 

Be it enacted, etc., as follows: 

Section four of chapter forty-four of the Revised Laws, as 
amended by chapter three hundred and seventy-five of the 
acts of nineteen hundred and five, by section two of chapter 
two hundred and sixty-eight of the acts of nineteen hundred 
and eleven, by section four of chapter seven hundred and 
seventy-nine of the acts of nineteen hundred and thirteen, 
and by chapter seventy-eight of the General Acts of nineteen 
hundred and fifteen, is hereby fm*ther amended by striking 
out the said section and substituting the following: — Section 
If., (a) It shall be the duty of the school committee of each 
city or town to provide for the attendance of all children 
of compulsory school age actually residing therein, and to 
enforce the same under the provisions of section one of this 
chapter; but if such a child resides temporarily in a city or 
town other than that of the legal residence of his parent or 
guardian for the special purpose of attending school there in 
preference to the place of such legal residence, the said city 
or town may, for the tuition of such child during the period 
of such attendance, recover from the parent or guardian, 
whether he resides within or without the commonwealth, a 
sum computed at the regular rate of tuition established by 
the school committee for non-resident pupils, but in no case 
exceeding the average ex'pense per pupil of such school for 



Attendance of 
children at 
schools in 
places other 
than residence 
of parents or 
guardians, etc. 



General Acts, 1919. — Chap. 291. 259 

that period unless, under the provisions of chapter one hun- 
dred and ninety-eight of the General Acts of nineteen hun- 
dred and eighteen, or of section five of this chapter, such 
tuition is recoverable from the city or town in which the 
parent or guardian resides. 

(6) For the tuition in the public schools in any city or Tuition of 
town of any child over five years of age who shall be placed f,i cHie" Tnd'^'^ 
elsewhere than in his own home by the state board of charity {,°^°J ^j^ ^^'^^^ 
or by the trustees of the Massachusetts training schools, or charity or by 

o •' trust GCs oi 

kept under the control of either of said boards in such city Massachusetts 
or town, the commonwealth shall pay to the city or town, schools, etc. 
and for such tuition of any such child so placed by the 
trustees for children of the city of Boston, or so kept under 
control of said trustees, the city of Boston, from its appro- 
priation for school purposes, shall pay to said city or town, 
seventy-five cents for each week of five days, or major part 
thereof, of attendance of the child in the public elementary 
schools; and for every such child attending a public junior 
or senior high school the commonwealth or the city of 
Boston, as the case may be, shall pay tuition at the regular 
rate established by the school committee for non-resident 
pupils and filed by the school committee, as may be required 
by the board of education for the approval of high schools 
for tuition purposes. 

(c) For the transportation to and from a public elementary Reimburse^ 

IIP 1*111 J. 'j.' • ui i_ ment of cities 

or grammar school or any child whose tuition is payable by and towns for 
the commonwealth or by the city of Boston under the pro- o?noI^r'e*sYdent 
visions of this section, the commonwealth or the city of children. 
Boston, as the case may be, shall pay to the city or town 
furnishing such transportation, for each week of five days or 
major part thereof, an amount equal to the average amount 
for each child paid by the city or town per week for the 
transportation of children to and from school over the route 
by which such child is conveyed, 

(d) A child placed by the state board of charity or trustees Tuition and 
of the Massachusetts training schools, or trustees for chil- ornon°'Sdent 
dren of the city of Boston in a town which does not main- ^ownrnot" 
tain a public high school offering four years of instruction, p{fb"icii1gh^ * 
may attend the high school of another city or town under school. 

the same conditions that apply to a child whose parent or 
guardian resides in such town, except that the tuition of 
such child shall be paid as provided in paragraph (b) of 
this section, and that the commonwealth or the city of 
Boston, as the case may be, may reimburse the town in 



260 



General Acts, 1919. — Chap. 292. 



Settlements of 
accounts to be 
made annu- 
ally, eto. 



Tuition in 
towHB of cer- 
tain inmates of 
institutions. 



Tuition of 
non-resident 
children in 
cities or towns 
not maintain- 
ing an agri- 
cultural or 
household arts 
school, etc. 



which the child is placed for the whole cost of his transporta- 
tion. 

(e) Settlements of the accounts of the several cities and 
towns with the commonwealth and with the city of Boston 
shall be made annually on the first day of April, and the 
amounts found due shall be paid within three months there- 
after. 

(/) For the tuition in the public schools in any town of 
less than ten thousand inliabitants of any child between the 
ages of five and fifteen years not theretofore resident in such 
town, who is an inmate of an institution containing more 
than six inmates, the town may recover from the institution 
the additional school expense incurred, as may be determined 
jointly by the school committee of the town and the trustees 
or managers of the institution, or, in case of disagreement 
between said school committee and said trustees or managers, 
as may be decreed by the probate court; but no demand 
shall be made upon said trustees or managers without a vote 
of the town instructing the school committee accordingly, 

(g) A child placed by the state board of charity, or trustees 
of the Massachusetts training schools, in a city or town in 
Massachusetts which does not maintain an approved, inde- 
pendent, agricultural or household arts school, oflFering the 
type of training which he desires, may attend such a school 
maintained by another city or town under the same condi- 
tions as to admission and the payment of tuition fees that 
apply to a resident of a city or town not maintaining such a 
school, as provided in chapter four hundred and seventy-one 
of the acts of nineteen hundred and eleven and the amend- 
ments thereof, except that the commonwealth shall reimburse 
in full all sums paid by any city or town for the tuition of 
such child. Approved July 7, 1919. 



Chap. 2^2 An Act to make certain corrections in and additions 

TO THE LAWS RELATING TO THE PUBLIC SCHOOLS. 

Be it enacted, etc., as folloios: 

Section 1. Chapter forty-two of the Revised Laws is 
hereby amended by striking out section four and substituting 
the following: — Section 4- Two or more towns may vote 
to form a union high school district, subject to the approval 
of the board of education, for the purpose of establishing 
and maintaining a high school. 



R. L. 48. I 4. 

jimended. 



Union high 
school districts 
in towns. 



General Acts, 1919. — Chap. 292. 261 

Section 2. Section eight of said chapter forty-two is R l. 42. § s, 
hereby amended by striking out the words "governed by ™ 
the provisions of the three preceding sections", in the seventh 
and eighth lines, and substituting the words: — determined 
by the school committees of the towns involved, — so as to 
read as follows: — Section 8. Two or more towns may Union schooia 
severally vote to establish union schools for the accommoda- tabHrhme^i 
tion of such contiguous portions of each as shall be mutually maintenance. 
agreed upon. The management and control of such schools, 
the location of the same or of the schoolhouses therefor, and 
the apportionment of the expenses of erecting such school- 
houses and of the support and maintenance of said schools, 
with all expenditures incident to the same, shall be determined 
by the school committees of the towns involved. 

Section 3. Section nine of said chapter forty-two is R. l. 42, § 9, 
hereby amended by inserting after the word "training", in *"'*" 
the second line, the words: — and household arts, — ■ so as 
to read as follows: — Section 9. Every city and town con- Certain cities 
taining twenty thousand inhabitants or more shall maintain ?'rath°manu*ai 
the teaching of manual training and household arts as part ho^'usehlid^artB. 
of both its elementary and its high school system. 

Section 4. Chapter two hundred and fifty-one of the 1906, 251, § 1, 
acts of nineteen hundred and six is hereby amended by '*'"®"'^®'^- 
striking out section one and substituting the following : — 
Section 1. The school committee may supervise and con- Suiservisipn of 
trol all athletic and other organizations composed of pupils com^sedTf* 
of the public schools and bearing the name of the school, or *'''"^' ^"'''^"' 
organized in connection with the school. 

Section 5. Section one of chapter four hundred and amenf^.* '' 
eighty-three of the acts of nineteen hundred and three is 
hereby amended by inserting after the word "school", where 
it first occurs in the third line, the words: — or board in 
place thereof, — so as to read as follows: — Section 1. The Transportation, 
state board of education is hereby authorized to furnish or children living 
provide transportation to and from school, or board in not"proWded 
place thereof, for such children of school age as may be ^''^ schools. 
living upon islands within the commonwealth which are not 
provided with schools, in cases where the city or town 
within the limits of which such islands are situated is not 
required by law to provide such transportation. 

Section 6. Section one of chapter seven hundred and etc'.'^'endld. 
thirty-one of the acts of nineteen hundred and eleven, as 
amended by chapter three hundred and sixty-eight of the 
acts of nineteen hundred and thirteen, is hereby further 



262 



General Acts, 1919. — Chap. 292. 



Applications 
for employment 
as school 
teachers. 



Proviso. 



Duties of 
board of edu- 
cation, etc. 



R. L. 42. § 34, 
etc., amended. 



Military exer- 
cises, etc. 



Not compul- 
Bory. 



R. L. 42, § 36, 
amended. 



Pupils may 
purchase te.xt 
books. 



R. L. 42, § 49, 
amended. 



amended by striking out the last sentence, so as to read as 
follows: — Section 1. Any graduate of any high school or 
normal school in this commonwealth, or of any other school 
considered b}^ the board of education to be of equal grade, 
or the graduate of any reputable college, provided that such 
graduate is a person of good character, may file an applica- 
tion with the board of education for a position as school 
teacher upon the payment of a fee of two dollars. The 
application shall set forth the name, address, and, briefly, 
the experience and qualifications of the applicant. It shall 
be the duty of the board of education to communicate with 
the school committees in the cities and towns of the com- 
monwealth, and with persons who have made application 
for a position as school teacher in accordance with the pro- 
visions of this section, and to procure positions for them so 
far as may be possible, free of expense to the applicant 
beyond the aforesaid fee, and without ex-pense to the various 
school committees. 

Section 7. Said chapter forty-two, as amended by 
chapter two hundred and one of the acts of nineteen hundred 
and ten, is hereby further amended by striking out section 
thirty-four and substituting the following : — Section 34. 
The exercises in the public schools may include calisthenics, 
gymnastics and military drill; but no person shall be required 
to take part in any military exercise if his parent or guardian 
is of any religious denomination conscientiously opposed to 
bearing arms; or if the parent or guardian is himself con- 
scientiously scrupulous of bearing arms, and so notifies the 
school committee in wa-iting; or if a physician of good 
standing shall certify in writing that in his opinion such 
exercises would be injurious to the pupil's health. 

Section 8. Said chapter forty-two is hereby further 
amended by striking out section thirty-six and substituting 
the following: — Section 36. Pupils in the public schools 
may, if the committee so votes, purchase from the city or 
town, under such regulations as the committee may pre- 
scribe, any text-books which are to be, or have been, used 
by them in the public schools. 

Section 9. Section forty-nine of said chapter forty-two 
is hereby amended by inserting after the word "schools", in 
the fourth line, the following: — In case a child lives more 
than two miles from the school which he is entitled to attend, 
and the school committee declines to furnish transportation, 
the parent or guardian of the child may appeal to the board 



General Acts, 1919. — Chap. 292. 263 

of education, who, upon reviewing the case, maj' require the 
town to furnish transportation for a part or all of the dis- 
tance from the home of the child to the school, — so as to 
read as follows: — Section 4-^. Every town shall provide Towns to 
and maintain a sufficient number of schoolhouses, properly schooihouses, 
furnished and conveniently located for the accommodation 
of all children therein who are entitled to attend the public 
schools. In case a child lives more than two miles from the Transportation 
school w^hich he is entitled to attend, and the school com- dren to school, 
mittee declines to furnish transportation, the parent or 
guardian of the child may appeal to the board of education, 
who, upon reviewing the case, may require the town to 
furnish transportation for a part or all of the distance from 
the home of the child to the school. A town which for one Penalty for 
year refuses or neglects to comply with the requirements of 
this section shall forfeit not less than five hundred nor more 
than one thousand dollars, to be paid and applied as provided 
in sections twenty-three and twenty-four. The school com- Duties of school 
mittee, unless the town otherwise directs, shall have general 
charge and superintendence of the schoolhouses therein, 
shall keep them in good order, and shall prociu*e a suitable 
place for the schools, if there is no schoolhouse, and provide 
fuel and all other things necessary for the comfort of the 
pupils therein, at the expense of the town. 

Section 10. The school committee of anv city or town '>ie of lunches 

I . , 111*1 '°'' pupils and 

may cause to be prepared and may sell lunches at one or teachers. 
more school buildings for the pupils and teachers of the 
public schools at such prices as it may deem reasonable. 

Section 11. Said chapter forty-two is hereby further r. l. 42, 
amended by inserting after section fifty-tlu'ee the following added'a'ft°e'r§o3. 
new section: — Section 54. The superintendent of schools closing of 
may, unless the school committee votes otherwise, direct the teachers^U)'' °^^ 
closing of schools under his supervision in order that teach- meotilgT*^'" 
ers may attend a meeting of a county association of teachers 
or an institute held under the direction of the board of 
education. 

Section 12. Chapter five hundred and fourteen of the 1900. 514, § 57. 
acts of nineteen hundred and nine, as amended by section '^^°" '^""'^^ 
fifteen of chapter seven hundred and seventy-nine of the 
acts of nineteen hundred and thirteen, and by section two 
of chapter ninety-five of the General Acts of nineteen hun- 
dred and sixteen, is hereby further amended by striking out 
section fifty-seven and substituting the following: — Section ^^'^J|J.°^'^;^°* °^ 
57. No child between fourteen and sixteen years of age shall factories, etc. 



264 



General Acts, 1919. — Chap. 292. 



Proriso. 



Return of em- 
ployment 
certificate, 
when. 



1909, 514, § 60, 
etc., amended. 



Limited em- 
ployment cer- 
tificates for cer- 
tain minors. 



Proviso. 

1911, 471, § 1, 
par. 6, etc., 
amended. 



"Evening 
class", term 
defined. 



be employed or be permitted to work in, about or in con- 
nection with any factory, workshop, manufacturing, me- 
chanical or mercantile establishment unless the person, 
firm or corporation employing such child procures and keeps 
on file accessible to the attendance officers of the city or 
town, to agents of the board of education, and to the state 
board of labor and industries or its authorized agents or 
inspectors, the employment certificate as hereinafter pro- 
vided issued to such child, and keeps a complete list of the 
names and ages of all such children employed therein con- 
spicuously posted near the principal entrance of the building 
in which such children are employed: provided, that pupils 
in co-operative courses in public schools, as defined in section 
seventeen of this act, may be employed by any co-operating 
factory, manufacturing, mechanical or mercantile establish- 
ment or workshop upon securing from the superintendent of 
schools a special certificate covering this t^pe of employ- 
ment. On termination of the employment of a child whose 
employment certificate is on file, said certificate shall be 
returned by the employer within two days after said termi- 
nation to the office of the superintendent of schools from 
which it was issued. 

Section 13. Section sixty of said chapter five hundred 
and fourteen, as amended by section four of chapter two 
hundred and fifty-seven of the acts of nineteen hundred and 
ten, and by section eighteen of chapter seven hundred and 
seventy-nine of the acts of nineteen hundred and thirteen, 
is hereby further amended by inserting after the word "it", 
in the twenty-first line, the words: — A limited certificate 
authorizing employment only upon days when school is not 
in session, but subject to all the other restrictions imposed 
by this act, may be issued to a minor over fourteen who 
lacks the educational qualification for a full employment 
certificate: provided, that he or she is otherwise qualified. 

Section 14. Paragraph six of section one of chapter 
four hundred and seventy-one of the acts of nineteen hun- 
dred and eleven, as affected by section one of chapter two 
hundred and six of the General Acts of nineteen hundred 
and eighteen, is hereby amended by striking out the words 
"agricultural or household arts", in the first and second 
lines, so as to read as follows: — 6. "Evening class" in an 
industrial school shall mean a class giving such training as 
can be taken by persons already employed during the work- 
ing day, and which, in order to be called vocational, must 



General Acts, 1919. — Chap. 292. 265 

in its instruction deal with the subject-matter of the day 
employment, and be so carried on as to relate to the day 
employment. 

Section 15. Paragraph seven of said section one of said ^^^^-f^' ^ '• 
chapter four hundred and seventy-one is hereby amended by amended. 
striking out the words "or continuation", in the first line, 
so as to read as follows: — 7. "Part-time class" in an "Part-time 
industrial, agricultural or household arts school shall mean definsd/"^"* 
a vocational class for persons giving a part of their working 
time to profitable employment, and receiving in the part- 
time school, instruction complementary to the practical 
work carried on in such employment. To give "a part of 
their working time" such persons must give a part of each 
day, week or longer period to such part-time class during * 
the period in which it is in session. 

Section 16. Said chapter four hundred and seventy-one, i9ii, 471, § 3, 
as amended by section five of chapter two hundred and ® " ' ^'^^^ ^ ' 
fifteen of the General Acts of nineteen hundred and seven- 
teen, and as affected by section two of chapter two hundred 
and six of the General Acts of nineteen hundred and eighteen, 
is hereby further amended by striking out section three and 
substituting the following: — Section S. In order that in- instruction in 
struction in the principles and practice of the arts may go Lgncuiturki 
on together, independent industrial, agricultural and house- art'^ IXc^isf*^ 
hold arts schools may offer instruction in day, part-time and ®''' 
evening classes. Attendance upon such day or part-time 
classes shall be restricted to those over fourteen ;sears of 
age; and upon such evening classes, to those over sixteen 
years of age. 

Section 17. Section ten of said chapter four hundred imindld.^ ^'^' 
and seventy-one is hereby amended by striking out the word 
"December", in the fourth and eleventh lines, and substitut- 
ing in each case the word : — September, — so as to read as 
follows: — Section 10. On or before the first Wednesday Board of 
of January of each year the board of education shall present make s°ate-° 
to the general court a statement of the amount expended j,^^e^t^o general 
previous to the preceding first day of September by cities 
and towns in the maintenance of approved local or district 
independent vocational schools, or in payment of claims for 
tuition in such schools, for which such cities and towns 
should receive reimbursement, as provided in this act. On 
the basis of such a statement the general court may make 
an appropriation for the reimbursement of such cities and 
towns up to such first day of September. 



266 



General Acts, 1919. — Chap. 292. 



1913, 832, § 3, 
par. (2), etc., 
amended. 



Certain teachers 
may become 
members of 
state teachers' 
retirement 
association, etc. 



1913, 832, § 7, 
etc., amended. 



Withdrawal 
from teachers' 
retirement 
associations. 



Refund. 



Payment to the 
estate of certain 
members. 



Annuity may 
be received in 
place of refund 
upon with- 
drawal, etc. 



Section 18. Chapter eight hundred and thirty-two of 
the acts of nineteen hundred and thirteen, as affected bj- 
chapter four hundred and ninety-four of the acts of nineteen 
hundred and fourteen, is hereby amended by striking out 
the word "board", in the ninth line of paragraph (2) of 
section three, and substituting the words: — association 
before attaining the age of seventy, — so that said para- 
graph will read as follows: — (2) All teachers, except those 
specified in paragraph (3) of this section, who shall have 
entered the service of the public schools before June thirtieth, 
nineteen hundred and fourteen, may at any time between 
July first, nineteen hundred and fom-teen, and September 
thirtieth, nineteen hundred and foiu^teen, upon application 
in writing to the commissioner of education, become mem- 
bers of the retirement association. Any teacher failing to 
do so may thereafter become a member of the retirement 
association before attaining the age of seventy by paying an 
amount equal to the total assessments, together with regular 
interest thereon, that he would have paid if he had joined 
the retirement association on September thirtieth, nineteen 
hundred and fom-teen. 

Section 19. Section seven of said chapter eight hundred 
and thirty-two, as amended by section three of chapter one 
hundred and ninety-eight of the General Acts of nineteen 
hundred and fifteen, and by sections one and two of chapter 
sixty, and by chapter two hundred and thirty-eight of the 
General Acts of nineteen hundred and sixteen, is hereby 
fm-ther amended by striking out the said section and substi- 
tuting the following: — Section 7. (1) Any member of the 
retirement association withdrawing from service in the 
public schools, except for the purpose of entering the service 
of the commonwealth, before becoming eligible to retire- 
ment shall be entitled to receive from the annuity fund all 
amounts contributed as assessments, together with regular 
interest thereon in one sum, or, if the retirement board shall 
so elect, the refund shall be made in four quarterly pay- 
ments. If a member who is receiving his contributions with 
interest in quarterly installments, as provided by this para- 
graph, shall die before receiving the total amount to which 
he is entitled, the balance shall be paid to his estate. 

(2) If such withdrawal shall take place after ten annual 
assessments have been paid, the member may, if he shall so 
elect, instead of recei\'ing a refund as provided in paragraph 
(1) of this section, receive an annuity for life, as determined 



General Acts, 1919. — Chap. 292. 267 

by the retirement board, of such amount as the sum of his 
assessments under section five, paragraph (2), with regular 
interest thereon, shall entitle him to receive, with the pro- 
vision that if he dies before receiving payments equal to the 
amount used to purchase the annuity the difference shall be 
paid to his estate. 

(3) Any member of the retirement association who shall u^n^J^m-^"* 
have withdrawn from service in the public schools shall, on f^^g"h^*^" 
being re-employed in the public schools, be reinstated in the 
retirement association in accordance with such plans for 
reinstatement as the retirement board shall adopt. 

(4) If a member of the retirement association who is not ^g'J^^g "f ^er- 
receiving pavments in accordance with the provisions of tain members 
paragraphs (1) and (2) of this section, shall die before retire- retirement. 
ment, the full amount of his contributions to the annuity 

fund with regular interest thereon shall be paid to his estate. 

(5) All amounts due the estate of a deceased member Payment to 
from the annuity and pension funds of the association shall tain deceased 
be paid to his legal representatives: provided, that if the pensToner's' ^""^ 
amount due the estate does not exceed three hundred dollars Proviso. 
and if there has been no demand upon the retirement board 

by a duly appointed executor or administrator, the payment 
may be made, after the expiration of three months from the 
date of death, to such person or persons as appear in the 
judgment of the retirement board to be entitled to the pro- 
ceeds of the estate, and such payment shall be a bar to re- 
covery by any other person. 

Section 20. Section thirteen of said chapter eight hun- i^^^.^^^^, § i3, 
dred and thirty-two is hereby amended by inserting after 
the word "shall", in the fourteenth line of paragraph (1), 
the words: — -be granted unless the retirement shall have 
been approved by the teachers' retirement board, and the 
amount of said reimbursement shall not, — so that the said 
paragraph will read as follows: — (1) Whenever, after the Reimbur^i^- 
first day of July, nineteen hundred and fourteen, a town or tain cities and 
city retires a teacher who is not eligible to a pension under tochers' pen- 
the provisions of section six, paragraph (4) of this act, and ^**'°^' 
pays to such teacher a pension in accordance with chapter 
four hundred and ninety-eight of the acts of the year nine- 
teen hundred and eight, or chapter five hundred and eighty- 
nine of the acts of the year nineteen hundred and eight, as 
amended by chapter six hundred and seventeen of the acts 
of the year nineteen hundred and ten, and the school com- 
mittee of said town or city certifies under oath to the retire- 



268 



General Acts, 1919. — Chap. 293. 



Proviso. 



Repeal. 



Time of taking 
effect. 



ment board to the amount of said pension, said town or city 
shall be reimbui'sed therefor annually by the common- 
wealth: provided, that no such reimbursement shall be 
granted unless the retirement shall have been approved by 
the teachers' retirement board, and the amount of said 
reimbursement shall not be in excess of the amount, as de- 
termined by the retirement board, to which said teacher 
would have been entitled as a pension, had he become a 
member of the retirement association under the provisions 
of section three, paragraph (2) of this act. 

Section 21. Chapter five hundred and seventy-five of 
the acts of nineteen hundred and thirteen is hereby repealed. 

Section 22. Section eighteen of this act shall take effect 
October first, nineteen hundred and twenty. 

Approved July 8, 1919. 



C hap. 29S An Act relative to the granting of degrees by 

COLLEGES AND OTHER INSTITUTIONS OF LEARNING. 



Emergency 
preamble. 



Whereas, It is hereb}' declared to be the policy of the 
commonwealth that no educational institution should be 
incorporated with power to grant degrees nor should the 
charter of an existing educational institution be so amended 
as to give it such power, unless the educational equipment 
and the maintenance provisions of the institution have been 
approved by the board of education; therefore, for the 
purpose of carrying the said policy into effect. 



Petitions by 
educational 
institutions for 
power to grant 
degrees to be 
deposited with 
board of 
education. 



Notice of peti- 
tion to be 
published, etc. 



Be it enacted, etc., as follows. • 

Section 1. Whoever intends to present to the general 
court a petition for the incorporation of a college, university 
or other educational institution with power to grant de- 
grees, or for an amendment to the charter of any existing 
educational institution which will give it such power, shall 
on or before the first day of November prior to its intended 
presentation, deposit the same in the office of the board of 
education. 

Section 2. The petitioners shall give notice of the 
petition by publishing a copy thereof once in each of three 
successive weeks in such newspapers as the commissioner of 
education may designate, the last publication to be made at 
least fourteen days before the session of the general court 
at which the petition is to be presented, and the petitioners 
shall, on or before the first day of January, file with the said 



General Acts, 1919. — Chap. 294. 269 

commissioner satisfactory evidence that the petition has so 
been published. 

Section 3. If the petition is approved bv the board of Board of cdu- 

,..,,, ^ . , f "■ I cation to trans- 

education, it shall transmit the same to the general court mit petition to 

during the first week of the following session, together with if approved. 

its recommendations relative thereto. 

Section 4. No individual, school, association, corpora- Restriction. 
tion or institution of learning not holding degree-conferring ofthe^designa- 
powers under a special charter granted by the general com-t slty or wliege." 
shall use the designation of university or college, but nothing 
herein shall deprive any educational institution whose name 
now includes the word "universit}'" or "college" of the 
right to continue the use thereof. Violation of this section Penalty. 
shall be punished by a fine of one thousand dollars. 

Section 5. Section six of chapter three of the Revised i^^peai*. 
Laws, section one of chapter four hundred and eighty-one 
of the acts of nineteen hundred and twelve, as amended by 
chapter fifty-six of the acts of nineteen hundred and four- 
teen, and so much of section seven of said chapter three as 
is inconsistent herewith, are hereby repealed. 

Approved July 0, 1010. 

An Act relative to registration fees for motor nfiQT, 294 
trucks, trailers and comjmercial motor vehicles. 

Be it enacted, etc., as follows: 

Section 1. Chapter five hundred and thirty-fom* of the looo, 534, § 2. 
acts of nineteen hundred and nine, as amended by chapter " °" *°^°" 
four hundred of the acts of nineteen hundred and twelve, 
and as affected by section one of chapter four hundred and 
twenty of the acts of nineteen hundred and fourteen, is 
hereby further amended by striking out section two and 
substituting the following: — 

application for license. 

Section 2. Application for the registration of motor Application 
vehicles and commercial trailers may be made by the owner o7mo?o^r'^^''°' 
thereof, by mail or otherwise, to the IMassachusetts highway e^mmerebi'^ 
commission or any agent thereof designated for that pur- {^^'"^^0°"' 
pose, upon blanlvs prepared under its authority. The appli- 
cation shall contain in addition to such other particulars as 
may be required by the commission, a statement of the 
name, place of residence and address of the applicant, with 
a brief description of the motor vehicle or trailer, including 



270 



General Acts, 1919. — Chap. 294. 



Foo to accom- 
pany applica- 
tion. 



tlie name of the maker, the number, if any, affixed by the 
maker, the character of the motor power, the amount of the 
motor power stated in figures of horse power, and, in respect 
to motor trucks and trailers, the carrying capacity. The 
registration fee as required in section twenty-nine shall ac- 
company such application. 



-egii 
id I 



and certificate. 



lleduced fee. 



Transfer of 

ownership 

terminates 

registration, 

etc. 



REGISTRATION AND CERTIFICATE. 

The commission, or its duly authorized agents, shall regis- 
ter in a book or upon suitable index cards to be kept for the 
purpose the motor vehicle or trailer described in the applica- 
tion, giving to the vehicle or trailer a distinguishing mark or 
number to be known as the register number for that vehicle 
or trailer, and shall thereupon issue to the applicant a certifi- 
cate of registration. The certificate shall contain the name, 
place of residence and address of the applicant and the 
register number or mark, and shall be in such form and 
contain such further information as the commission may 
determine. 

REDUCED FEE. 

An applicant for the registration of a motor vehicle or 
trailer who does not file his application until after the thirtieth 
day of September in any year shall be entitled to a reduction 
in the fee for such registration as provided in section twenty- 
nine. 

TRANSFER OF OWNERSHIP. 

Upon the transfer of ownership of any motor vehicle or 
trailer its registration shall expire, and the person in whose 
name such motor vehicle or trailer is registered shall forth- 
with return the certificate of registration to the commission 
with a WTitten notice containing the date of the transfer of 
ownership and the name, place of residence and address of 
the new owner. 



Fee for certain 

additional 

registrations. 



Proviso. 



FEE FOR CERTAIN ADDITIONAL REGISTRATIONS. 

A person who transfers the ownership of a registered 
motor vehicle or trailer owned by him to another, upon the 
filing of a new application and upon payment of the proper 
fee, may have registered in his name another motor vehicle 
or trailer for the remainder of the calendar year: provided, 
that the horse power or carrying capacity of such motor 
vehicle or trailer is the same as that of the vehicle first regis- 



General Acts, 1919. — Chap. 294. 271 

tered by him, or if the \-ehicIe sought to be registered is a 
motor cycle; but if the horse power or carrying capacity of 
the motor vehicle or trailer is greater than that of the vehicle 
first registered by him, the applicant shall pay, in addition 
to the said fee, the difference between the fee paid by him 
for the vehicle first registered and the fee for the registration 
of the vehicle of higher horse power or carrying capacity, as 
provided in section twenty-nine. 



REBATES AND HALF FEES. 

A person who before the first day of August in any year Rebates and 
transfers the ownership or loses possession of any vehicle '^^'^ ''^'^^• 
registered in his name and who applies for the registration 
of another vehicle of less horse power or carrying capacity 
than that of the vehicle so transferred or lost, shall be en- 
titled, upon payment of the proper fee set forth in section 
twenty-nine, to a rebate equivalent to one half the difference 
between the fee for the higher and the fee for the lower 
horse power or carrying capacity, and a person under like 
conditions who does not apply for the registration of another 
vehicle, but who, on or before the first day of September in 
the same calendar year, files in the office of the commission 
a written application for a rebate shall be entitled to a 
rebate of one half the fee paid for the registration of such 
vehicle: lirovided, however, that no such rebate shall be paid Provisos. 
except upon a certificate, filed with the auditor of the com- 
monwealth, setting forth the facts, and signed by the com- 
mission; and provided, also, that the rebate shall be paid 
out of the fees received for the registration of motor vehicles 
and trailers. The commission, at its discretion, may assign Commission 
to the vehicle of any person who surrenders his registration regbfer'nunXr 
certificate as herein provided, and who desires to register l°hrde. ^^ 
another vehicle, the register number of the vehicle described 
in the surrendered certificate. 



NUMBER PLATES. 

The commission shall furnish at its office, without charge, Number plates. 
to every person whose vehicle is registered under this act 
two number plates of suitable design, each number plate to 
have displayed upon it the register number assigned to that 
vehicle. The number plates so furnished shall be valid only 
for the calendar year for which they are issued. 



272 



General Acts, 1919. — Chap. 294. 



RegistratioH 
may be 
refused or 
rsvokod. 



Applications 
to ba sworn to. 



Fee. 

Expiration of 
registrations. 



1909, 534, § 29, 
eto., amended. 



Fee for regiB- 
tration of 
motor trucks, 
commercial 
trailers and 
commercial 
motor vehicles. 



REVOCATION OF LICENSE. 

If the commission shall determine at any time that, for 
any reason, a motor vehicle or trailer is unsafe or improperly 
equipped or otherwise unfit to be operated it may refuse to 
register the vehicle, and the commission may for like reasons 
revoke any registration already made. The horse power or 
carrying capacity of every motor vehicle or trailer sought to 
be registered shall be determined by the commission, and its 
determination shall be final and conclusive. Every applica- 
tion filed under the provisions of this section shall be sworn 
to by the applicant before a justice of the peace or a notary 
public. The fee for the oath shall not exceed twenty-five 
cents. The registration of every motor ^'ehicle and trailer 
shall expire at midnight upon the thirty-first day of Decem- 
ber in each year. 

Section 2. Section twenty-nine of said chapter five 
hundred and thirty-four, as amended by section one of 
chapter six hundred and ninety-five of the acts of nineteen 
hundred and fourteen, by section two of chapter ten and by 
section eight of chapter sixteen of the General Acts of nine- 
teen hundred and fifteen, and by chapter one hundred and 
forty of the General Acts of nineteen hundred and sixteen, 
is hereby further amended by striking out the third para- 
graph, and substituting the following: — For the registra- 
tion of motor trucks, commercial trailers and commercial 
motor vehicles used solely as such, a fee based on carrying 
capacity according to the following schedule: — 



Capacity of 1 ton or less, .... 

Capacity of 2 tons and over 1 ton, 

Capacity of 3 tons and over 2 ton.s, 

Capacity of 4 tons and over 3 tons, 

Capacit}' of 5 tons and over 4 tons, 

For any capacit}^ over 5 tons, $50 for the first five tons and 
an additional amount of $10 for each additional ton or part 
thereof. 

For all commercial trailers equipped with non-resiUent metal 
tires, double the above fees shall be collected, and for electric 
motor trucks and electric conmiercial vehicles used solely 
as such, and for all connnercial trailers equipped with pneu- 
matic or resiUent metal tires, one half of the above fees shall 
be collected. For thepurposeof this act, the teiTn "trailer" 
shall not include a pair of wheels commonly used as an im- 
plement for other purposes than transportation. 



20 
30 
40 
50 



General Acts, 1919. — Chap. 295. 273 

Section 3. No trailer as above described shall be op- Trailers not to 
erated upon the ways of the commonwealth, as defined in unless regTs- 
section one of said chapter five hundred and thirty-four, and *'^'^® " 
amendments thereof, unless the same is registered in accord- 
ance with the provisions of this act. 

Section 4. The provisions of sections three, four, five Certain pro- 
and eleven of said chapter five hundred and thirty-four, and to apply. 
amendments thereof, shall, so far as applicable, apply to the 
registration and operation of trailers registered in accordance 
with the provisions of this act. Approved July 9, 1919. 

An Act to promote Americanization through the edu- Chap. 295 

CATION OF adult PERSONS UNABLE TO USE THE ENGLISH 
LANGUAGE. 

Whereas, The deferred operation of this act would tend to Emergency 
defeat its purpose by making it impossible to put its pro- ^''^'^ ®- 
visions in force at the beginning of the next school year; 
therefore it is hereby declared to be an emergency law, 
necessary for the immediate preservation of the public con- 
venience. 

Be it enacted, etc., as follows: 

Section 1. The board of education, hereinafter called ^a°t?on ^itc'^lo 
the board, acting through the department of university ex- promote edu- 
tension, established by chapter two hundred and ninety-four persons unable 
of the General Acts of nineteen hundred and fifteen, is hereby langukge"^ ^^ 
authorized, with the co-operation of the several cities and 
towns, to promote and provide for the education of persons 
over twenty-one years of age who are unable to speak, read 
and write the English language, and to provide teachers and 
supervisors in Americanization work. 

Section 2. Any city or town desiring to obtain the cities and 
benefits of this act may apply therefor to the board, shall condScTedu- 
conduct the educational work herein provided for in con- and°be'rdm^ 
junction with the board and shall be entitled to receive ^^X'^'ifh''"'"' 
from the commonwealth, at the expiration of each school etc. 
year and on the approval of the board one half of the sums 
expended by it in carrying out the provisions hereof. 
Teachers and supervisors who are employed by cities and choice, etc., 

1 . of teachers. 

towns for the above purpose shall be chosen and their com- 
pensation shall be fixed by the local school committee, sub- 
ject to the approval of the board. 



274 



General Acts, 1919. — Chap. 296. 



Curriculum of 
schools and 



Places of 
holding. 



Expenditur»s 
authorized. 



Section 3. In the schools and classes conducted here- 
under, such instruction shall be given in the English language, 
in the fundamental principles of government, and in other 
subjects adapted to fit the scholars for American citizenship, 
as shall receive the joint approval of the local school com- 
mittee and of the board. The said schools and classes may 
be held in public school buildings, in industrial establish- 
ments or in such other places as may be approved by the 
local school committee and by the board. 

Section 4. For the purposes of this act the board may 
expend during the present fiscal year such sum, not exceeding 
ten thousand dollars, as may hereafter be appropriated, and 
thereafter may expend such sums as may annually be appro- 
priated. 

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

Approved July 10, 1919. 



Chap. 296 An Act relative to hunting and fishing licenses. 
Be it enacted, etc., as follows: 



Certificates of 
registration 
required for 
hunting and 
fishing in cer- 
tain places. 



Act not ap- 
plicable to cer- 
tain persons. 



Proviso. 



City and town 
clerks to 
register per- 
sons and 
issue certifi- 
catee. 



Section 1. It shall be unlawful for any person to hunt, 
pursue, take or kill any bird or quadruped, or to fish, except 
as hereinafter provided, in any of the inland waters of the 
commonwealth which have been stocked by the board of 
commissioners on fisheries and game, hereinafter called the 
commissioners, since January first, nineteen hundred and 
ten, without having first obtained a certificate of registra- 
tion as hereinafter pro^'ided, but nothing in this act shall be 
construed as affecting in any way the general laws relating 
to trespass or as authorizing the hunting, pursuing, taking, 
v,^ounding or killing or possession of birds or quadrupeds 
now or hereafter contrary to law, nor shall the possession of 
the said certificate of registration grant or confer any privi- 
lege not enjoyed prior to the taking effect of this act, except 
as is otherwise provided herein. This act shall not prohibit 
any person who is a legal resident of Massachusetts from 
hunting on land owned or leased by him, or from fishing in 
any inland waters bordered by such land: provided, that he 
is actually domiciled thereon, and that the land is used 
exclusively for agricultural, and not for club, shooting or 
fishing purposes. 

Section 2. The clerk of any city or town shall, upon the 
application of any person entitled to receive a certificate of 
registration under this act, and upon payment of the regis- 



General Acts, 1919. — Chap. 296. 275 

tration fee hereinafter specified and the furnishing of an 
affidavit by any person who desires to be classified under 
clauses one, two or three of section five, register such person 
and issue to him a certificate in the form prescribed and 
upon a blank to be furnished by the commissioners, which 
certificate shall bear the name, age, occupation, place of 
residence, signature and identifying description of the reg- 
istrant, and shall authorize him to hunt birds and quadru- 
peds and to fish, subject to such conditions as are provided 
by law. The certificate shall be valid only until January Certificates, 
first next following the date of issue, shall not be transferable vaUd, l°tc^'' "^' 
and shall be produced for examination upon the demand 
of any person. Failure or refusal to produce the certificate Evidence of 
upon demand shall be prima facie evidence of the violation "^'°'^*»on- 
of this act. 

Section 3. Certificates of registration to fish only may Certificates of 
be granted in any city or town by any resident thereof desig- fTsh^onty ma*^ 
nated for the purpose by the city or town clerk. A person dep^uT" regis-^ 
so designated shall be known as deputy registrar for fish- ^''^'"3- 
ing licenses, hereinafter called the deputy registrar, and shall 
hold office for the term of one year. The deputy registrars Deputy 
may exercise in their respective cities and towns all the powtrs'^^'uties, 
powers of city or town clerks in respect to fishing certificates, ®*''' 
and all the provisions of this act in relation to the issue of 
such certificates by city or town clerks shall apply to their 
issue b}^ deputy registrars. Upon issuing a certificate every 
deputy registrar shall forthwith make return thereof with 
the fee, to the city or town clerk. 

Section 4. Every unnaturalized, foreign-born resident Registration of 
of the commonwealth owning real estate situated therein nrturaiized, 
which is assessed for taxation at not less than five hundred resfdlms"©? 
dollars may be registered hereunder upon payment of a fee fee'T^c"'^'^'''^''' 
of fifteen dollars to the clerk of the city or town in which 
he resides, or for a license to fish only, a fee of one dollar to 
the clerk or to a deputy registrar. 

Section 5. Every citizen of the United States, not a res- Registration of 
ident of this commonwealth, or not having resided therein cufzenrof"* 
for a period of six months preceding his application for regis- f^^'ell^^''*'^' 
tration hereunder, shall pay for said registration a fee of ten 
dollars to the clerk of the city or town from whom he pro- 
cures his certificate, except as hereinafter provided. If such 
citizen desires a license' to fish onl}^ he shall pay to said 
clerk or to a deputy registrar the sum of one dollar, or if he 
comes within one of the following classes and resides in a 



276 General Acts, 1919. — Chap. 296. 

state extending similar exemption to citizens of this com- 
monwealth, he shall be charged the same fees as are charged 
to citizens thereof under the provisions of section six. 

Class 1- 1. A non-resident citizen of the United States who owns 

real estate in this commonwealth which is assessed for taxa- 
tion at not less than five hundred dollars. The provisions 
of this section shall apply to the minor child or children of 
any such non-resident, subject to the provisions of section 
eight. 

c^^''^- 2. A non-resident citizen of the United States who is a 

member of an association incorporated prior to the year 
nineteen hundred and seven for the purpose of hunting or 

Provisos. fishing upon land owned by such corporation: yrovided, that 

the corporation owns real estate in this commonwealth 
which is assessed for taxation at a sum equal to five hundred 
dollars for each member; and further 'provided, that the 
membership list of the association shall be filed with the 
clerk of the town or towns in which said real estate is situated. 

Class 3. 3. A non-resident citizen of the United States who, on the 

written invitation of a member of an association incorporated 
under the laws of this commonwealth, attends the meeting 
of the association for the purpose of hunting foxes only, 

Proviso. during a period not exceeding six days: provided, that the 

membership list of the association shall be filed with the 
clerk of the town in which the hunt takes place. 

Registration SECTION 6. Evcry citizcu of the United States who has 

zens of United bccu a rcsidcut of this commonwealth for six months next 

States, fee, etc. •j.j.iij.^l,' I'j.* 1.11 S 1. 

prior to the date or his application, shall pay tor such regis- 
tration a fee of one dollar to the clerk of the city or town 
from whom he procures his certificate, except that if he 
desires a license to fish only shall pay for his registration the 
sum of fifty cents to the said clerk, or to a deputy registrar. 
Part of fees to Section 7. Out of the fccs paid under the provisions of 

be retained by • i i • p • i i • i p 

city and town ttiis act, includiug iccs paid to deputy registrars, the sum or 
fifteen cents shall be retained by the clerk of the city or 
town in which the registration is recorded. 
to'bi^ ra*nted°* Section 8. No Certificate of registration shall be granted 
to certain to miuors uudcr the age of fifteen, nor, as a matter of right, 

to minors between the age of fifteen and eighteen, but any 
city or town clerk may in his discretion issue a certificate to 
any minor authorizing him to take wild quadrupeds by trap 
only, in conformity with law. Every application hereunder 
from a minor under the age of eighteen shall be in writing 



minors, etc. 



General Acts, 1919. — Chap. 296. 277 

and shall be accompanied by the WTitten consent thereto of 

the parent or guardian, which shall be preserved by the 

clerk. Women and minors under the age of eighteen shall ^rSfn m?nors 

not be required to take out a license to fish. ircen'se''to°fish 

Section 9. Whoever loses, or by a mistake or accident Duplicate cer- 
destroys his certificate of registration may, upon application ofbss?eUi!^^ 
to the commissioners, accompanied by an affidavit fully 
setting forth the circumstances of the loss, receive without 
charge a duplicate certificate for the remainder of the year 
covered by the original certificate. 

Section 10. Every city and town clerk shall record all ^^rkJ^to r^"'" 
registrations hereunder in books kept for that purpose, cord registra- 
including records of licenses issued by deputy registrars and 
reported under the provisions of section three, one coupon of 
which shall be retained by the clerk or deputy registrar as 
his record. The said books shall be supplied by the com- 
missioners, shall remain the property of the commonwealth, 
shall be open to public inspection during the usual office 
hours of the clerk, and shall be subject at all times to audit 
and inspection by the commissioners, by the state auditor, or 
by their agents; and every such clerk shall, on the first Moneys re- 
Monday of every month, pay to the commissioners all paicftocom- 
moneys received by him for the said registrations issued fTsheriM and"^ 
during the month preceding, except the recording fee, ^'*™''- 
together with a receipted bill for fees retained in accordance 
with section seven. All remittances shall be made by certified 
check, United States post office money order, express money 
order or in lawful money of the United States; and every 
city and town clerk shall, within thirty days succeeding 
January first of each year, return to the commissioners all 
registration books used during the year preceding, including 
all stubs and unused and void certificates. The commis- Commission- 
sioners shall, in accordance with the provisions of section tr^*^ufeT^a^ 
fifty-six of chapter six of the Revised Laws, pay to the treas- J^onlys rt"""^ 
urer and receiver general all money received by them for ceived, etc. 
the said registrations issued during the previous month, and 
shall furnish him with a list of the number and kind of 
registrations recorded by each city and town clerk during 
the said month. 

Section 11. A non-resident hunting and fishing license carrying from 
shall entitle the licensee to carry from the commonwealth, o? biTdsT^^*^ 
and into any other state according similar privileges not res'jdent'"'"' 
more than ten birds of all kinds, the exportation of which is licensees. 



278 



General Acts, 1919. — Chap. 296. 



Proviso. 



Penalty for 
making false 
representations. 



Certificates of 
persons vio- 
lating fish and 
game laws, etc. 
to be void, etc. 



Cancellation. 



Commissioners 
to furnish list 
of waters 
stocked by 
them with fish. 



Repeals. 



otherwise prohibited by law, and ten pounds of brook trout 
in any one calendar year: provided, that the licensee shall 
carry them open to view for inspection, shall present his 
certificate for inspection upon demand of any person, and 
shall have informed by letter or otherwise the commissioners, 
or the deputy in whose district he is hunting or fishing, as 
to the number and kinds of birds and fish which he intends 
to carry from the commonwealth. 

Section 12. Any person who makes a false representa- 
tion as to birthplace or requirements of identification, or of 
facts relative to property qualifications or naturalization, or 
otherwise violates any provision of this act, or is in any wise 
directly or indirectly a party to such violation, shall be 
punished by a fine of not less than ten nor more than fifty 
dollars, or by imprisonment for not more than thirty days, 
or by both such fine and imprisonment. The certificate of 
any person who shall be convicted of a violation of any of 
the fish and game laws or of any provision of this act shall 
be void, and his certificate shall immediately be surrendered 
to the officer who secures such conviction, and the officer 
shall forthwith forward the same to the commissioners, who 
shall cancel it and notify the clerk in whose city or town the 
certificate was recorded, of its cancellation; and no person 
shall be entitled to receive a certificate during the period of 
one year after the date of such conviction. A certificate 
issued to any person within one year after such a conviction 
shall be void, and shall be surrendered on demand of any 
officer authorized to enforce the fish and game laws. No 
fee received for a certificate cancelled under the provisions of 
this section shall be returned. 

Section 13. It shall be the duty of the commissioners to 
furnish all city and town clerks with a list of all inland waters 
stocked by them with fish since January first, nineteen hun- 
dred and ten, and hereafter, on or before January first of 
each year, to furnish to said clerks a list of inland waters 
stocked with fish by the commissioners during the preceding 
year. 

Section 14. Chapter six hundred and fourteen of the 
acts of nineteen hundred and eleven, as amended by chapter 
thi-ee hundred and seventy-nine of the acts of nineteen hun- 
dred and twelve, by chapters two hundred and forty-nine 
and four hundred and seventy-nine of the acts of nineteen 
hundred and thirteen, by chapter two hundred and twelve of 
the General Acts of nineteen hundred and fifteen, and by 



General Acts, 1919. — Chaps. 297, 298. 279 

chapter twenty-six of the General Acts of nineteen hundred 
and seventeen, and chapter seventy-four of the General 
Acts of nineteen hundred and sixteen, are hereby repealed. 

Approved July 10, 1919. 

An Act to provide that the assessors' valuation Chap. 297 

SHALL be evidence OF THE VALUE OF REAL ESTATE IN 
certain PROCEEDINGS RELATING TO THE REGISTRATION OF 
LAND. 

Be it enacted, etc., as folloios: 

Section one of chapter four hundred and one of the acts of amend^.^ '" 
nineteen hundred and thirteen is hereby amended by insert- 
ing after the word "injured", in the seventh line, the follow- 
ing: — and in a suit brought under the provisions of sec- 
tions ninety-three to one hundred and two, inclusive, of 
chapter one hundred and twenty-eight of the Revised Laws 
to recover for loss or damage for deprivation of land or of 
any estate or interest therein, — so as to read as follows : — 
Section 1. The valuation made by the assessors of a city or Assessors- 
town for the purposes of taxation for the three years next evidenc°eVf° ^^ 
preceding the date of the taking of or injury to real estate es't^te'in cct- 
by the commonwealth or bv a county, city or town under t^in proceed- 

^ , " . ^.'7,/ jjjgg relating to 

the authority of any law may, m a siut to recover the damages registration of 
to such real estate, the whole or part of which is so taken or 
injured, and in a suit brought under the provisions of sec- 
tions ninety-three to one hundred and two, inclusive, of 
chapter one hundred and twenty-eight of the Revised Laws 
to recover for loss or damage for deprivation of land or of 
any estate or interest therein, be introduced as evidence of 
the fair market value of the real estate by any party to the 
suit: provided, hoivever, that if the valuation of any one year Proviso. 
is so introduced, the valuations of all three j'ears shall be 
introduced in evidence. Approved Jidy 10, 1919. 

An Act relatfve to maintaining or increasing un- (jjiny 298 

REASONABLY THE PRICE OF ANY NECESSARY OF LIFE. 

Be it enacted, etc., as foUoics: 

Section 1. Maintaining or increasing unreasonably the Persons agree- 
price of any necessary of life is hereby declared to be un- tafn or?nc?Jase 
lawful. Whoever, in combination or association with "heTr^ro'f'any 
another or others, enters into any agreement or understand- Jl^'fo^iJ^^ °^ 
ing to maintain or increase or cause to be maintained or deemed guilty 

o of criminal 

conspiracy. 



280 



General Acts, 1919. — Chap. 299. 



Penalty. 



Prosecutions to 
be conducted 
by attorney- 
general or by 
an assistant, 
etc. 



increased unreasonably the price of any necessary of life 
shall be deemed guilty of criminal conspiracy, and upon 
conviction thereof shall be punished by imprisonment in 
the house of correction for a term of not more than two 
years, or by a fine of not more than one thousand dollars, or 
by both such fine and imprisonment. 

Section 2. Prosecutions under this act shall be under 
the control of and shall be conducted by the attorney- 
general of the commonwealth or by an assistant designated 
by him for the purpose. Approved July 10, 1919. 



Act declared an 
emergency law 
by the 
governor. 



The Commonwealth of Massachusetts, 
Executive Depaktment, Boston, September 5, 1919. 

I, Calvin Coolidge, by virtue of and in accordance with the pro- 
visions of the Forty-eighth Amendment to the Constitution, "The 
Referendum. II. Emergency Measures", do declare that in my 
opinion the immediate preservation of the public peace, health, 
safety and convenience requires that the law passed on the tenth 
day of July, in the year nineteen hundred and nineteen, entitled 
"An Act relative to maintaining or increasing unreasonably the 
price of any necessary of Ufe" should take effect forthwith, that 
it is an emergency law, and that the facts constituting the emergency 
are as follows : — 

Serious injury might result to the public from the deferred opera- 
tion of this act. 

CALVIN COOLIDGE. 



The Commonwealth of Massachusetts, 
Office of the Secretary, Boston, September 5, 1919. 

Certification I hereby certify that the above statement was filed in this office 

oahe^c^-*'^^ by His Excellency the Governor of the Commonwealth of Massa- 
monweaith chusetts at oue-five o'clock P.M. on the above date, and in accord- 
^eiatyre^tojiing ^^^^ ^j^|^ Article Forty-eight of the Amendments to the Constitu- 
nor's deciara- tion said chapter takes effect forthwith. 

tion, etc. 

ALBERT P. LANGTRY, 

Secretary of the Commonwealth. 



Chav 299 ^ ^^'^ relative to the salaries of the members, 

SECRETARY AND MEDICAL ADVISER OF THE INDUSTRIAL 
ACCIDENT BOARD. 

Be it enacted, etc., as follows: 

Section 1. The salary of the chairman of the industrial 
accident board shall be fifty-five hundred dollars a year, and 



Industrial ac- 
cident board, 
salaries of 



t^^and mSI!" that of cach of the other members of said board five thou- 
^biilhS sand dollars a year. The members of the board shall devote 



General Acts, 1919. — Chaps. 300, 301. 281 

their whole time in business hours to the work of the board. 
The salary of the secretary of the board shall be forty-five 
hundred dollars a year and that of the medical adviser 
forty-five hundred dollars a year. 

Section 2. The increases in salary provided for by this Time of taking 
act shall not take effect until an appropriation has been 
made sufficient therefor, and then as of the first day of June 
in the current year. 

Section 3. From and after the expiration of the terra Board reduced 
of the first retiring member of said board, the board shall ^"' ^ '^* 
consist of six members. In case of a resignation or other 
vacancy in the meantime such vacancy shall not be filled. 

Approved July 11, 1919. 



Aii Act to provide for the laying out by the county C hap. SOO 

OF WORCESTER AND THE CONSTRUCTION BY THE MASSA- 
CHUSETTS HIGHWAY COMMISSION OF A HIGHWAY AROUND 
LEICESTER HILL IN THE TOWN OF LEICESTER, 

Be it enacted, etc., a^ follotcs: 

The Massachusetts highway commission is hereby au- Worcester 
thorized and directed to prepare plans for the laying out lay oit, and 
and construction of a highway around Leicester hill in the highway^^ 
town of Leicester, to be constructed over the best and most ^^^"0^3^ 
practicable route, and to be of such width as the commission ^^^n'^of*' ^'^ 
may determine. As soon as the plans are completed the Leicester, 
commission shall send them to the county commissioners of 
Worcester county who are hereby authorized and directed 
to lay out the said highway according to the said plans, 
and to pay all land and grade damages that may be occa- 
sioned thereby. As soon as is practicable after the said lay- 
out is made by the county commissioners, the Massachu- 
setts highway commission shall construct a state highway 
in accordance therewith. Approved July 11, 1919. 



An Act to make certain corrections in the statutes Chav.^^^ 

TO CONFORM TO THE CONSTITUTION AS AMENDED. 

Be it enacted, etc., as follows: 

Section 1. Chapter eight of the Revised Laws is hereby r. l. s, § 4, 
amended by striking out section four and substituting the ^™®'^'^^- 
following: — Section 4- In construing statutes the following Rules for con- 
rules shall be observed, unless their observance would in- statitfs. 



282 



General Acts, 1919. — Chap. 301. 



Repeal not to 

revive any 
previous 
statute except. 

Repeal not to 
affect penal- 
ties, etc., pre- 
viously in- 
curred. 



Words and 
phrases, how 
to be con- 
strued. 



Number and 
gender of 
words. 



Words pur- 
porting to give 
joint authority, 
how to be con- 
strued. 

1913, 835, § 301, 
amended. 



Elections, 
state blanks 
and apparatus 
to be used, 
etc. 



Proceedings 
when impos- 
sible to use. 



volve a construction inconsistent with the manifest intent 
of the law-making body, or repugnant to the context of the 
same statute : — 

First, The repeal of a statute, except by Aote of the people 
upon its submission by referendum petition after having 
become law, shall not revive any previous statute. 

Second, The repeal of a statute shall not affect any pun- 
ishment, penalty or forfeiture incurred before the repeal 
takes effect, or any suit, prosecution or proceeding pending 
at the time of the repeal for an offence committed, or for the 
recovery of a penalty or forfeiture incurred under the statute 
repealed. 

Third, Words and phrases shall be construed according 
to the common and approved usage of the language; but 
technical words and phrases and such others as may have 
acquired a peculiar and appropriate meaning in the law shall 
be construed and understood according to such meaning. 

Fourth, Words importing the singular number may ex- 
tend and be applied to several persons or things, words 
importing the plural number may include the singular, and 
words importing the masculine gender may be applied to 
females and to corporations. 

Fifth, Words purporting to give a joint authority to three 
or more public officers or other persons shall be construed as 
giving such authority to a majority of such officers or persons. 

Section 2. Chapter eight hundred and thirt}'-fi^'e of 
the acts of nineteen hundred and thirteen is hereby amended 
by striking out section three hundred and one and substi- 
tuting the following: — Section SOL The blank forms and 
apparatus provided by the secretary of the commonwealth 
shall be used in ascertaining the result of the election or 
vote in state elections in cities and towns, in city elections, 
in elections of tow^i officers in towns in which official ballots 
are used, and also in taking the vote upon any proposed 
amendment to the constitution, upon any law or proposed 
law submitted to the voters by referendum or initiative 
petition, upon the question of granting licenses for the sale 
of intoxicating liquors, and upon any other question sub- 
mitted by statute to the voters of any senatorial or repre- 
sentative district, or of any city or town in which official 
ballots are used. If it is impossible to use such blank forms 
or apparatus, the canvass of the votes shall be made as the 
presiding officer shall direct; and the clerk shall record the 
facts relating to the failure to use such blank forms or appa- 



General Acts, 1919. — Chap. 301. 283 

ratus, and shall enclose an attested copy of such record in 
the envelope with the ballots cast. 

Section 3. Said chapter eight hundred and thirty-five, lois, 835, § 309, 
as amended in section three hundred and nine by section 
one of chapter one hundred and nine of the General Acts of 
nineteen hundred and seventeen, is hereby further amended 
by striking out said section three hundred and nine, and 
substituting the following: — Section 309. The clerk of e^ftafnloles 
each city and town, within ten days, and in Boston the ^"iJfedTorec- 
election commissioners, within fifteen days, after the day of 'etary of the 

. ' . '' ' "^ . commonwealth. 

any election therein tor a senator in congress, representative 
in congress, governor, lieutenant governor, councillor, secre- 
tary, treasurer and receiver general, auditor of the common- 
wealth, attorney-general, clerk of courts, register of probate 
and insolvency, sheriff, district attorney, or senator, or for 
presidential electors, shall transmit to the secretary of the 
commonwealth copies of the records of votes for such officers, 
together with the records of votes cast on any constitutional 
amendment, law or proposed law, and on any question sub- 
mitted to them by statute in any senatorial or representative 
district or in two or more cities or towns. Said record shall 
be certified by the aldermen or the selectmen, or by the 
election commissioners, and attested and sealed by the clerk 
or by said commissioners. The city or town clerk shall, S®n"^otefto^'^" 
within ten days after an election for county treasurer or mi"sk3ner°J^"nd 
register of deeds, transmit to the countv commissioners, and <='erk8 of 

* . „ 1 • 1 " • c courts, etc. 

Within ten days after an election therein tor county com- 
missioners or associate commissioners, transmit to the clerk 
of the coiu"ts the records of votes for such officers, certified, 
attested and sealed as aforesaid; except that in Chelsea, For register of 
Revere and Winthrop the records of votes for register of c^unt'y." ° 
deeds shall be transmitted to the election commissioners of 
Boston, and that in Revere and Winthrop the records of 
votes for county commissioner and associate commissioners For county 
shall be transmitted to the clerk of the courts for the county ^^,"Reve"e*and 
of Middlesex. Such copies shall be transmitted in envelopes, T^^J^f^g!'"" 
upon which shall be stated the offices for, and questions mitted in env&- 
on which and the districts in which the votes were cast. endorsed. 

Section 4. Said chapter eight hundred and thirty-five is i9i3, sas, §§ 270, 
hereby further amended by striking out sections two hun- amelTded. 
dred and seventy, two hundred and seventy-one and two 
hundred and seventy-three, and substituting the following: 
— Section 270. Whenever an}' law submitted for acceptance Notice to be 
to the voters of a city is to be placed upon the ballot at any vo\e?s Tn 



284 



General Acts, 1919. — Chap. 301. 



cities of referen- 
dum measures. 



Statement of 
general pur- 
port of referen- 
dum measures 
may be sub- 
stituted in cer- 
tain cases. 



Certain pro- 
visions of law 
may be sus- 
pended. 



1917, 327 (G) 
§ 105, amended. 



Certain per- 
sons to be 
placed on 
militia officers' 
eligible list 
without ex- 
amination. 



1917, 327 (G), 
§ 209, amended 



Cadet school 
graduates to 
be placed on 
naval militia 
officers' eligible 
list without 
examination. 

R. L. 158, § 10, 
etc., amended. 



Resignation or 
retirement of 
judges, etc. 



election, it shall be the duty of the city clerk in every city 
where such law is to be voted upon, except as hereinafter 
provided, to cause to be sent to each of the registered voters 
in his city entitled to vote thereon a copy thereof, with 
the statement that such law is to be voted on at said elec- 
tion. Section 271. Upon a vote of the city council of any 
city, with the approval of the mayor, there may be substi- 
tuted for a copy of such law a statement of the general 
purport thereof, which statement shall be prepared by the 
city solicitor of the city and shall be approved by the mayor 
and city council. Section 273. By vote of the city council 
of any city, with the approval of the mayor, the provisions 
of the three preceding sections ma.y be suspended and made 
inapplicable as to a particular law submitted for acceptance. 
Section 5. Section one hundred and five of chapter 
three hundred and twenty-seven of the General Acts of 
nineteen hundred and seventeen is hereby amended by 
striking out subsection (j) and substituting the following 
subsection : — (j) Subject to Article LIII of the articles of 
amendment of the constitution, any person certified as 
eligible for any specified grade in the national guard under 
the laws of the United States shall be placed on the eligible 
list by the military service commission without professional 
examination. The commission shall prepare the final exami- 
nation of the training school, and its graduates shall be 
placed on the eligible list. 

Section 6. Section two hundred and nine of said chapter 
three hundred and twenty-seven is hereby amended by 
adding at the end of subsection {g) the words: — but the 
board shall prepare the final examination of said school, — 
so that said subsection will read as follows: — {g) Grad- 
uates of the cadet school shall be placed on the eligible list 
by the naval militia service board, upon certificate of the 
superintendent, without examination; but the board shall 
prepare the final examination of said school. 

Section 7. Chapter one hundred and fifty-eight of the 
Revised Laws, as amended in section ten by chapter one 
hundred and seventy-nine of the acts of nineteen hundred 
and eight, by chapter five hundred and forty of the acts 
of nineteen hundred and ten, and by section ninety-five of 
chapter two hundred and fifty-seven of the General Acts of 
nineteen hundred and eighteen, is hereby further amended 
by striking out said section ten and substituting the follow- 
ing: — Section 10. A justice of the supreme judicial or 



General Acts, 1919. — Chap. 301. 285 

superior court, or any judge of the land court or of probate 
and insolvency, who, having 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, or retires from 
active service, or is retired by the governor, with the con- 
sent of the council, because of advanced age or mental or 
physical disability, shall during the remainder of his life 
receive an amount equal to three fourths of the salary which 
was by law payable to him at the time of his resignation or 
retirement, 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 who has attained the age and ^hen retired 

justice OI 

performed the service required by this section may retire superior court 
from active service and may thereafter perform service with 
his own consent on the written request 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 8. So much of chapter one hundred and seventy- Repeal. 
three of the acts of nineteen hundred and seven as adds to 
chapter three hundred and eighty-five of the acts of nine- 
teen hundred and six a new section numbered ten is hereby 
repealed. 

Section 9. Section three of chapter two hundred and amended.^ ^' 
eighteen of the acts of nineteen hundred and twelve is 
hereby amended by striking out the words "for the use of 
the said station", in the fifteenth and twenty-first lines, so 
as to read as follows: — Section 3. No inspector of milk or certificates 
cream, and no person in any milk inspection laboratory, '/^torof^Mllssa- 
shall manipulate the Babcock or other centrifugal machine cuiTuraf^x-" 

for the piu-pose of determining the composition of milk or pcrimentsta- 
p p ' • 1 • .ii *'0" *o opera- 

cream for purposes of mspection, and no person in any milk tors of ma- 
depot, creamery, cheese factory, condensed milk factory, or testing miik 
other place in this commonwealth shall manipulate the d"sposft1on of 
Babcock or other centrifugal machine for the purpose of f^^ received, 
determining the composition or value of milk or cream as a 
basis for payment in buying or selling, without first obtain- 
ing a certificate from the director of the Massachusetts 
agricultural experiment station, or his duly designated dep- 
uty, that he is competent to perform such work. The fee 
for such certificate shall be two dollars, and shall be paid by 
the applicant therefor to the said director. In case any 
holder of a certificate is notified by the director, or by his 
duly designated deputy, to correct his use of a Babcock or 
other centrifugal machine, the actual cost of making an 



286 



General Acts, 1919. — Chap. 302. 



When authority 
is revoked, 
holiier of certifi- 
cate shall not 
thereafter ma- 
nipulate any 
centrifugal 
machine, etc. 



R. L. 9, § 13, 
amended. 

Distribution of 
laws, etc., to 
members of 
general court 
by secretary of 
the common- 
wealth. 



inspection to ascertain if the said person has corrected his 
use of the said machine shall be paid by the said person 
or by his employer to the director. No holder of a certificate 
whose authority to manipulate a Babcock or other centrifugal 
machine has been revoked by the director of the Massachu- 
setts agricultural experiment station, or by his duly desig- 
nated deputy, shall thereafter manipulate in this common- 
wealth any centrifugal machine for the purposes aforesaid. 

Section 10. Chapter nine of the Revised Laws is hereby 
amended by striking out section thirteen and substituting 
the following: — Section 13. The secretary of the common- 
wealth, in the distribution of laws and documents to mem- 
bers of the general court, shall effect such exchanges among 
members as they shall direct; and he is hereby authorized 
to employ such additional clerical or other assistance as may 
be necessary for the purpose. Copies of the laws and docu- 
ments apportioned to members of the general court which 
remain undisposed of for three months after the end of the 
calendar year in which they were issued, shall revert to the 
commonwealth and be subject to general distribution, 

Ajjproved July 11, 1919. 



Chap.302 An Act authorizing the county commissioners of the 

COUNTY OF ESSEX TO CONSTRUCT A BRIDGE OVER IPSWICH 
RIVER IN THE TOWN OF TOPSFIELD. 

Be it enacted, etc., as folloivs: 

Section 1. The county commissioners of the county of 
Essex, subject to the provisions of chapter ninety-six of the 
Revised Laws and the amendments thereof and additions 
thereto, and of all other laws which may be applicable, are 
hereby authorized and directed to construct a bridge over 
Ipswich river on High street in the town of Topsfield. 

Section 2. The cost and expense incurred under this 
act shall not exceed the sum of thirty thousand dollars, and 
shall be paid, in the first instance from the treasury of the 
county of Essex. The said commissioners are hereby au- 
thorized to borrow on the credit of the county, such sum, 
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 treasury of the county, 
and the treasurer 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 



County com- 
miseioners of 
Essex county 
may construct 
a bridge over 
Ipswich river 
in Topsfield. 



Cost and ex- 
pense limited, 
etc. 



May borrow 
money. 



General Acts, 1919. — Chap. 302. 287 

provisions of this act, including interest. Upon the com- statement of 
pletion of the bridge the county commissioners shall file in mld.etc^ 
the office of the clerk of the courts for the county a detailed 
statement, certified under their hands, of the actual cost of 
its construction, and they shall give notice to the town of ^own of 

' ' . , ° , . Topsfield to be 

1 opsneid and assess upon said town a sum not exceedmg assessed, etc. 
forty per cent of the cost, and the said town shall pay into 
the treasury of the county the amount so assessed within 
sixty days thereafter; and if the town shall refuse or neglect 
to pay the amount assessed, the commissioners shall, after 
due notice, issue a warrant against the town for its propor- 
tion with interest and the cost of the notice and warrant, 
and the same shall be collected and paid into the treasury 
of the county to be applied in payment of the expense 
aforesaid. 

Section 3. For the purpose of paying the sixty per cent Essex county 
of the total cost which shall be borne by the county of Essex issue bonds, 
the county treasurer, with the approval of the county com- 
missioners, is hereby authorized to borrow a sum not ex- 
ceeding eighteen thousand dollars, and to issue bonds or 
notes of the count}' therefor. Such bonds or notes shall be 
payable by such annual payments, beginning not more than 
one year after the date thereof, as will extinguish the loan 
within ten j'ears from its date, and the amount of such 
annual payment in any year shall not be less than the amount 
of the principal of the loan payable in any subsequent year. 
The town of Topsfield, for the purpose of meeting its part ^oTseid ma 
of the cost of said bridge, may borrow a sum not exceeding issue bonds, 
twelve thousand dollars, and may issue bonds or notes 
therefor. Such bonds or notes shall be payable by such 
annual payments, beginning not 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 in 
any year shall not be less than the amount of the principal 
of the loan payable in any subsequent year. The said ^^Iff 
securities shall bear such rates of interest as may be de- 
termined by the county treasurer, with the approval of the 
county commissioners, for the county, and by the town 
treasurer, with the approval of the selectmen, for the town. 
The said county and said town may sell the said securities 
at public or private sale upon such terms and conditions as 
it may deem proper, but not for less than their par value, 
and the proceeds of the loan issued by the county shall be 
used only to pay loans issued in accordance with the pro- 



288 



General Acts, 1919. — Chaps. 303, 304. 



visions of section two of this act or for the construction of 
said bridge, and the proceeds of the loan issued by the town 
shall be paid into the county treasury to be applied to the 
payment of loans issued in accordance with section two of 
this act. 

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

Approved July 12, 1919. 



Chap.303 An Act relatii-e to the use of tanks or containers 

FOR THE STORAGE OF FLUIDS OTHER THAN "WATER. 

Be it enacted, etc., as follows: 

Section 1. No person shall hereafter construct, main- 
tain or use any tank or container of more than ten thousand 
gallons capacity, unless constructed principally of wood, for 
the storage of any fluid other than water unless the same is 
underground, without first securing a permit therefor from 
the chief of the district police or, in the metropolitan dis- 
trict, from the fire prevention commissioner. 

Section 2. The chief of the district police and the fire 
prevention commissioner within their respective jurisdictions 
are hereby directed to make rules and regulations governing 
the construction, use and maintenance of tanks to which 
this act applies. Such rules and regulations shall not take 
effect until approved by the governor and council, and filed 
in the office of the secretary of the commonwealth. 

Section 3. Any person who constructs, maintains or 
uses a tank to which this act applies without securing a 
permit as provided in this act, and any person who violates 
any other provision of this act, or any rule or regulation 
made as aforesaid, shall be punished by a fine of not less 
than fifty nor more than one thousand dollars. 

Approved July 12, 1919. 



Permits re- 
quired for con- 
struction or 
use of certain 
tanks or con- 
tainers. 



Chief of dis- 
trict police 
and fire pre- 
vention com- 
missioner to 
make rules and 
regulations. 



Penalty. 



C/iap. 304 An Act to provide for the admission to certain state 
institutions of persons affected WYin incurable 
diseases. 

Be it enacted, etc., as folloics: 

Section 1. Any person who has been a resident of the 
commonwealth for a period of not less than two years, and 
who is affected with any incurable disease except mental 
defect or leprosy, may be admitted to such state institution 
or infirmary under the supervision of the state board of 



Admission to 
certain state 
institutions of 
persons af- 
fected with 
incurable 



General Acts, 1919. — Chaps. 305, 306. 289 

charity as may be designated by the board for that purpose: 
'provided, that his admission shall be only upon the certificate Proviso. 
of the board of health of the city or town from which he is 
sent. The state board of charit}^ is hereby empowered to state board of 
make rules and regulations for such admission and to facili- make rules, 
tate the operation of this act. 

Section 2. The expense of the maintenance of such a Payment of 
patient shall be paid by him or by any person or kindred maintenance 
bound by law to maintain him. In case he and his kindred ° p^*'®"*^- 
are unable to pay for his maintenance, the city or town in 
which the patient is found to have a legal settlement shall 
be liable to the commonwealth for his support, or, if the pa- 
tient is without settlement in this commonwealth, the expense 
of his maintenance shall be paid by the commonwealth. 

Approved July 12, 1919. 



Chap.S05 



An Act relative to the recovery of land by the 
commonwealth for breach of condition. 

Be it enacted, etc., as folloivs: 

Section two of chapter one hundred and eighty-eight of |iii^de^|' ^ ^' 
the Revised Laws is hereby amended by striking out the 
words "an order of the general court", in the fifth line, and 
substituting the words : — direction of the governor, with 
the advice and consent of the council, — so as to read as 
follows : — Section 2. If the title of the commonwealth is Recovery of 
founded on a forfeiture for the breach of a condition in a monweaitwor 
grant or conveyance made by the commonwealth or by conduioi. 
the province or colony of Massachusetts Bay, no action for 
the recovery of such land shall be commenced unless by 
direction of the governor, with the advice and consent of 
the council; but in all other cases the attorney-general or 
district attorney may prosecute an action therefor if he has 
good reason to believe that the claim of the commonwealth 
can be established. Approved Jidy 12, 1919. 

An Act to regulate the use of aircraft. C hap. S06 

Be it enacted, etc., as follows: 

Section 1. It shall be unlawful for any person to operate Aircraft to be 
aircraft of any kind in this commonwealth unless he is op^Jrafora ^"^ 
licensed and the aircraft is registered, either by the Massa- iklnTed!° ^^ 
chusetts highway commission, the joint army and navy 
board on aeronautic cognizance, or a federal board or de- 



290 



General Acts, 1919. — Chap. 306. 



Proviso. 



Issuing of 
licenses to 
United States 
army or naval 
aviators and 
persons skilled 
in flying of air- 
craft, etc. 



Lives of 
persons not to 
be endangered. 



Restrictions 
upon per- 
formance of 
dangerous 
maneuvers, etc. 



Landings in 
highways 
or public 
grounds with- 
out permission 
prohibited. 

Landing 
places to be 
designated, etc. 



partment established by congress: provided, however, that 
the provisions of this section shall not apply to militan- or 
naval aviators while in the service of the United States, or 
of this commonwealth, nor to aircraft owned by the United 
States government or by this commonwealth, nor to un- 
licensed civilians when accompanied by a person licensed as 
aforesaid or by a military or naval aviator, but such licensed 
person or military or naval aviator shall be liable for the 
violation of any provision of this act committed by such 
unlicensed person. 

Section 2. The Massachusetts highway commission may 
issue without examination a license hereunder to any person 
who was at any time commissioned as an a\iator in the 
United States army or navy or naval reserve corps, or to 
any applicant who has passed an examination satisfactory 
to the commission and proved that he is skilled in the flying 
of aircraft, whether such examination is held by the com- 
mission or by some other officer or board approved by the 
commission. 

Section 3. No person shall operate aircraft over build- 
ings, persons or animals in such a manner or at such an 
altitude as to endanger his own life, or the lives or safety of 
those below him, or the safety of himself and his passengers, 
if he be carrying passengers, nor shall any person operate 
aircraft over the thickly settled district of any city or town 
except for the purpose of embarking from or alighting on 
designated landing places. 

Section 4. No person shall operate aircraft in such a 
manner as to endanger the lives or safety of the public by 
the performance of unusual or dangerous maneuvers over 
any massed assembly of one hundred or more persons in the 
open, whether such persons be grouped in a grandstand or 
massed in an open field; nor shall any person throw or drop 
any missile or other article from any aircraft in flight, except 
over grounds temporarily or permanently devoted to flying, 
or over open water. 

Section 5. Except in a case of emergency no person 
shall land aircraft in highways or public parks or other 
public grounds without permission from the authorities in 
charge thereof. 

Section 6. Landing places for aircraft may, from time 
to time, be designated, set apart and marked, by the com- 
mission, or other public officials who are in charge of any 
land owned or controlled by the commonwealth, or by any 



General Acts, 1919. — Chap. 307. 291 

city or town, or by the metropolitan park commission, and 
said officials are hereby authorized to make reasonable rules 
and regulations governing the use of such landing places by 
aviators and other persons, and may change the same from 
time to time. All aviators and other persons using such 
landing places shall at all times comply with the rules and 
regulations made as aforesaid. 

Section 7. The IMassachusetts highway commission may Highway 

, , 1 • p . , . commission 

prepare rules and regulations, irom time to time, governing may prepare 
the use and operation of aircraft and relative to the licensing regulations. 
of operators thereof. Such rules and regulations shall take 
eflfect when approved by the governor and council and 
published in at least one newspaper printed and published 
in each county of the commonwealth, and such publication 
shall be sufficient notice to all persons. 

Section 8. The fee for a license to operate aircraft shall ^®®*- 
be five dollars. The fee for the registration of aircraft shall 
be two dollars. 

Section 9. Whoever violates any provision of this act Penalties. 
or any rule or regulation made hereunder shall be punished 
by a fine of not less than ten nor more than five hundred dol- 
lars, or by imprisonment for not less than one month nor more 
than six months, or by both such fine and imprisonment. 

Section 10. Chapter six hundred and sixty-three of the Repeal, 
acts of nineteen hundred and thirteen is hereby repealed. 

Approved July 12, 1919. 

An Act relative to the term of the bonds to be issued C hap. S07 
to provide suitable recognition of those residents 

of MASSACHUSETTS WHO SERVED IN THE ARMY AND NAVY 
OF THE UNITED STATES DURING THE WAR WITH GERMANY. 

Whereas, A delay in the taking effect of this act would pr'^ambiT^ 
cause great inconvenience in the issue of notes and bonds 
to carry out the purpose of chapter two hundred and eighty- 
three of the General Acts of the current year, therefore it is 
declared to be an emergency law necessary for the immediate 
preservation of the public convenience. 

Be it enacted, etc., as follows: 

Section 1. In accordance with the recommendations of ^"^i^sil'eTfo 
the governor contained in his second supplemental budget P'"°^'^n/°''f 
message of the present year the bonds to be issued under the gratuities to 
provisions of chapter two hundred and eighty-three of the and mari^nes^^ 

etc. 



292 General Acts, 1919. — Chaps. 308, 309, 310. 

General Acts of the present year shall be for a term not ex- 
ceeding five years. The treasurer and receiver general is 
hereby authorized in his discretion to issue notes under the 
provisions of said act in anticipation of the permanent notes 
or bonds, and said notes in anticipation shall be payable 
within not more than one year from issue. 
Section 2. This act shall take effect upon its passage. 

Approved July 14, 1919. 

Chap. 308 An Act to establish the salary of the treasurer 

AND receiver GENERAL. 

Be it enacted, etc., as follows: 

^ecetv^gen-"^ SECTION 1. The auuual salary of the treasurer and 
Mtabifshed receiver general shall be six thousand dollars. 
Time of taking SECTION 2. This act shall uot take effect until a sufficient 
^^^^' appropriation therefor is made at the current session of the 

general court, and then as of the first day of June in the 
current year. Approved July 15, 1919. 

C hap. S09 An Act to establish the salary of the auditor of the 

COMMONWEALTH. 

Be it enacted, etc., as follows: 
Auditor of the SECTION 1. The annual salarv of the auditor of the com- 

commonwealth, i i i ii i • i i i 11 

salary mouwcalth shall be six thousand dollars. 

Time of taking SECTION 2. This act shall uot take effect until a sufficient 
effect. appropriation therefor is made at the current session of the 

general court, and then as of the first day of June in the 
current year. Approved July 15, 1919. 



Chap. 310 An Act to authorize the register of probate and 

INSOLVENCY FOR THE COUNTY OF BRISTOL TO EMPLOY 
ADDITIONAL CLERICAL ASSISTANCE. 

Be it enacted, etc., as follows: 

^T^atl^ld '^^^ register of probate and insolvencj^ for the county of 

insolvency, Bristol shall be allowed for clerical assistance, in addition to 

Bristol county, , ii i i i i- 

may employ the amouut now aliowed by law, a sum not exceedmg twenty- 
caUssistance!'^' ouc hundred dollars annually, to be paid from the treasury 

of the commonwealth upon the certificate of the judge of 

probate and insolvency for said county. 

Approved July 15, 1919. 



General Acts, 1919. — Chap. 311. 293 



An Act relative to the establishment and mainte- Chap, 311 

NANCE OF CONTINUATION SCHOOLS AND COURSES OF IN- 
STRUCTION FOR EMPLOYED MINORS. 

Be it enacted, etc., as follows: 

Section 1. (1) Every city and town in which, during a Establishment 
calendar year ending December thirty-first, two hundred or nance of 

• 1 • , a 11 continuation 

more mmors under SLxteen years or age are regularly em- schools and 
ployed not less than six hoiu-s per day by authority of em- s°mc\Ton^for' 
ployment certificates or home permits described in section ^^0°^'^'^ 
one of chapter forty-four of the Revised Laws, as amended, 
shall, and any other city or town may, through its school 
committee, local board of trustees for vocational education, 
or both, establish at the beginning of the next school year 
and maintain continuation schools or courses of instruction 
for the education of such minors under sixteen years of age 
who are regularly employed not less than six hours per day 
at home or elsewhere within the city or town, and for such 
others as may be required to attend as provided in section 
three. In determining the cities or towns required to estab- 
lish continuation schools, or courses of instruction, minors 
who are employed during vacations by authority of employ- 
ment certificates or home permits shall not be counted. * 
The said schools or courses shall be in session during the 
same number of weeks in each year as the high schools of 
the city or town. 

(2) When a city or town shall have established the said SSncef 
schools or courses, it shall, subject to the provisions of ®**'- 
chapter forty-four of the Revised Laws, and amendments 
thereof not inconsistent herewith, and in accordance with 

the provisions of paragraphs three and four of this section, 
require the attendance thereat of every minor under sixteen 
years of age who is engaged within the limits of the city or 
town in regular employment or business under the authority 
of an employment certificate, or in profitable employment 
at home under the authority of a home permit: provided, Proviso, 
however, that upon application of the parent or guardian of 
the minor involved, instruction in the regular schools shall 
be accepted as instruction equivalent to that provided for 
by this act. 

(3) The required attendance at said schools or courses Hours of 
shall be at the rate of not less than four hours per week for 
minors regularly employed not less than six hours per day 



294 



General Acts, 1919. — Chap. 311. 



Proviso. 



Cities and 
towns may 
take advantage 
of established 
educational 
agencies, etc. 



Time spent in 
continuation 
school, how to 
be reckoned. 



Reimbursement 
of cities and 
towns. 



Compulsory 
attendance 
of minors 
temporarily 
unemployed. 



Duplicate em- 
ployment cer- 
tificates of 
minors em- 
ployed in 
places other 
than residence. 



Employers to 
cease employ- 
ing minors fail- 
ing to attend 
school, etc. 



at home or elsewhere, and at the rate of not less than twenty 
hours a week for minors who have secured employment 
certificates, and who are temporarily out of regular employ- 
ment or business, pro\ided the school or course is in session 
twenty hours a week, and shall be between the hours of eight 
o'clock in the morning and five o'clock in the afternoon of 
any working day or days except Saturday. 

(4) In the establishment and conduct of said continua- 
tion schools or courses of instruction, any city or town may 
take advantage of established educational agencies, and may 
utilize any suitable quarters which meet with the approval 
of the board of education; but, when established, the said 
continuation schools or courses shall be considered a part 
of the public school system of the municipality wherein the 
minors attending the same are employed. 

(5) The time spent by a minor in a continuation school 
or course of instruction shall be reckoned as a part of the 
time or number of hours minors are permitted by law to 
work. 

Section 2. Cities and towns maintaining such contin- 
uation schools or courses of instruction as are approved 
by the board of education as to organization, control, situa- 
tion, equipment, courses of study, qualifications of teachers, 
methods of instruction, conditions of admission, employment 
of pupils and expenditures of money, shall recei\e reimburse- 
ment from the treasury of the commonwealth to an amount 
equal to one half the total sum raised by local taxation and 
expended for the maintenance of such schools or courses of 
instruction. 

Section 3. (1) Any minor under sixteen years of age 
who has been regularly employed in a city or town other than 
that of his residence, and who is temporarily unemployed, 
may be required, under conditions approved by the board 
of education, to attend such a continuation school or such 
courses of instruction in the city or town of his residence. 

(2) Whenever an employment certificate is issued to a 
minor under sixteen years of age, authorizing employment 
in a city or town other than that of his residence, a duplicate 
thereof shall be sent forthwith to the superintendent of 
schools of the city or town in which the employment is 
authorized. 

Section 4. The employer of any minor betw^een fourteen 
and sixteen years of age who is required to attend a continua- 
tion school or course of instruction as defined in this act, 



General Acts, 1919. — Chap. 312. 295 

shall cease forthwith to employ such minor when notified in 
writing by the superintendent of schools, or by his repre- 
sentative duly authorized in writing, having jurisdiction over 
such minor's attendance, of his non-attendance in accordance 
with the compulsory attendance regulations as defined in 
this act. Any employer who fails to comply with the pro- Penalty, 
visions of this section shall be punished by a fine of not less 
than ten nor more than one hundred dollars for each offence. 

Section 5. The superintendent of schools having juris- Employment 

!•,• jI'111*" •,• 1 certificates or 

diction, or a person authorized by nim in MTiting, may revoke home permits 
the employment certificate or the home permit of any minor Invoked. 
who fails to attend the said schools or courses of instruction 
when so required by the provisions of this act. 

Section 6. (1) A city or town which refuses or neglects Forfeiture by 
to raise and appropriate money for the establishment and townVnotes- 
maintenance of continuation schools or courses of instruc-