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

■r: i:"r ^"Sr'r^xHSHrinr'''^ 










I 




ACTS 



RESOLVES 



PASSED liV THE 



(icncral dfmtrt nf JUassarhttsdts, 



IN THE YEAR 

1922, 

TOGETHER WITH 

THE CONSTITUTION, TABLES SHOWING CHANGES 
IN THE STATUTES, ETC., ETC. 



PDBLISHED BY THE 

SECRETARY OF THE COMMONWEALTH. 




BOSTON: 

WRIGHT & POTTER PRINTING CO., STATE PRINTERS, 

32 DERNE STREET. 

1922. 



A CONSTITUTION 



FORM OF GOVERNMENT 



®t)P (Eommonuipaltti of HJaaaarliuHrtta 



prea:\ible. 

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

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

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



\ 



CONSTITUTION OF THE 



an original, explicit, and solemn compact with 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 Gush. 104. 
12 Allen, 129. 
See amend- 
ments, Arts. 
XLVI and 
XL VIII. 



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



IjCgislature 
empowered to 
compel provi- 
sion for public 
worship. 



PART THE FIRST. 

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

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

II. It is the right as well as the duty of all men in 
society, publicly, and at stated seasons, to worship the 
Supreme Being, the great Creator and Preserver of the 
universe. And no subject shall be hurt, molested, or 
restrained, in his person, liberty, or estate, for worship- 
ping God in the manner and season most agreeable to the 
dictates of 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 invest their legislature wdth 
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 support and maintenance of public Protestant teachers 



to 
parochial 



COIM.AION WEALTH OF jNIASSACHUSETTS. 5 

of piety, religion, and morality, in all cases where such 
provision shall not he made voluntarily. 

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

Provided, notwithstanding, that the several towns, par- Exclusive right 

. .. ...of electin" reli- 

ishes, precincts, and other bodies politic, or religious socie- gious teadiers 
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 

, 'i<i' II- 1 f • 1 1 11 ^'honi par 

public worship, and ot the public teachers aforesaid, shall, taxes may be 
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- protected^ ^ 
wealth, shall be equally under the protection of the law: f/^^"*' ^^^:. 

, , , . .^ p , . . bubordination 

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, fecu^red™'^"^ 
sovereign, and independent state; and do, and forever 
hereafter shall, exercise and enjoy every pow^r, jurisdic- 
tion, and right, which is not, or may not hereafter be, by 

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

V. All power residing originally in the people, and Accountability 
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 pubL being 
and exclusive privileges, distinct from those of the com- pecuuif priyi-° 
munity, than what arises from the consideration of serv- [a?y offices'^are 
ices rendered to the public; and this title being in absurd and 

1- 'Ml 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 people 
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. 

See amend- 
ments, .4rts. 
XXXIX and 
XL VI I. 



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

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

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

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

employments. See amendments. Art. XLV. 122 Mass. 595, 596. 

Freedom of elections, not to be the subject of an initiative or referendum pyetition. 
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, 5.30. 



12 Allen, 223, 230. 
100 Mass. 544, 560. 
103 Mass. 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, 
,3.58, 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. 



COM.AIOXWEALTH OF MASSACHUSETi^i. 7 

XI. Every subject of the commonwealth ought to find r^JJJfrsno'the 
a certain remedy, by having recourse to the laws, for all eompSt^VncT' 
injuries or wrongs which he may receive in his person, prompt. 
proj)erty, 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! 4.34. 
or furnish evidence against himself. And every subject 2\Fet.''32^9*'' 
shall have a right to produce all proofs that may be favor- J^c^af^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 Aiien,'36i.' 
imprisoned, despoiled, or deprived of his property, immu- 240, 264,'4'39, 
nities, or privileges, put out of the protection of the law, ^l^AWen, no. 
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. XLVIH, The initiative, II, sect. 2. 

And the legislature shall not make any law that shall b'^uV°in"^^ 
subiect anv person to a capital or infamous punishment, criminal cases. 

• * • except etc 

excepting for the government of the army and navy, with- 8 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 vSnlty.'^ 
securities of the life, liberty, and property of the citizen. i2i''Mass;'6i, 62. 

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

,,^ , ,. i>i* !• and seizure 

unreasonable searches, and seizures, or his person, nis regulated. 
houses, his papers, and all his possessions. All warrants, Amend^tiv. 
therefore, are contrary to this right, if the cause or founda- g cush^seb. 
tion of them be not previously supported by oath or affir- {^^q^I^^-^^^ 
mation, and if the order in the warrant to a civil officer, }o AUen', 403. 

- . , Moo Mass. 13b, 

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

, J X • lu • 4. U ... 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, Art. XLVIII, The initiative, II, sect. 2. 



8 CONSTITUTION OF THE 

by^fury°slcfed, ^V. Ill all coiitroversies concerning property, and in 
Con^t^'o/u s ^^^ suits between two or more persons, except in cases in 
Amend 'tyi'i. ' which it has heretofore been otherways used and practised, 
7 Pick! 366! the parties have a right to a trial by jury; and this method 
8 Gray! 373! of proccdurc shall be held sacred, unless, in causes arising 
577'^^'^"' ^^^' on the high seas, antl such as relate to mariners' wages, 
102 Mass. 45, 47. ^^^ 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 jviry, not to be the subject of an initiative or referendum petition. 
See amendments, Art. XLVIII, The initiative, II, sect. 2. 

^^^"■^y^*^® 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, TI, sect. 2. 

Right to keep XVII. The people have a right to keep and to bear 

and bear arms. f 1 ai •• 

Standing armies arms for the commoii defence. And as, in time of peace, 
Military power armics are dangerous to liberty, they ought not to be 
su^_^r ina e o jjjgijj^gjjigfj witliout thc cousciit of the legislature; and 
5 Gray, 121. ^^^q military power shall always be held in an exact subor- 
dination to the civil authority, and be governed by it. 
Moral quaHfica- XVIII. A frcQuent rccurreuce to the fundamental 

tions for office. ... . , . . , , , 

principles or 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 
Moral obiiga- representatives: and they have a right to require of their 
givers and lawgivcrs and magistrates an exact and constant observance 
magis ra es. ^^ them, in the formation and execution of the laws neces- 
sary for the good administration of the commonwealth. 
tl'fnstract^p-*' XIX. The people have a right, in an orderly and peace- 
resentatiA^es j^blc mauucr, to assemblc to consult upon the common 

and petition . '. . . ^ . 

legislature. good ; give iiistructions to their representatives, and to 
request of the legislative body, by the way of addresses, 
petitions, or remonstrances, redress of the wrongs done 
them, and of the grievances they suffer. 

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

^encHhe laws ^^' '^^^ powcr of suspcuding the laws, or the execu- 

or their execu- ^[qy^ of the laws, ought ucvcr to bc exercised but by the 

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



COIVDIONWEALTH OF MASSACHUSETTS. 9 

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

Modified by the popular initiative and referendum. See amendments, Art. XIA'III, 
I, Definition. 

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

,.,,., . . , , bate, etc., and 

in 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- 

(..I 1 e • e i-"^^ii* sions, and ob- 

tor 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 established, fixed, laid, or levied, under any consent. ° 
pretext whatsoever, without the consent of the people or ^ ^^^^^' "^'^' 
their representatives in the legislature. 

XXrV. Laws made to punish for actions done before ex post facto 
the existence of such laws, and which have not been de- i2"AiiM, 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 guilt}' of treason or felony by the legis- tre^on,"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- 

I 1 • 1 ments, pro- 

cruei 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, II, 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 ^ny^^u^e^ 
in time of war, such quarters ought not to be made but ""^'^^s, 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, tiXunies^'^ete. 
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 



COXSTITUTIOX 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. XLVIII, 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. 

Tlw Frame of Government. 

The people, inhabiting the territory formerly called the 
Province of IMassachusetts 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 CommojSTw^ealth of Massachusetts. 



CHAPTER I. 

THE LEGISLATIVE POWER. 

Section I. 

The General Court. 

drartm'ent Articlo I. Thc department of legislation shall be 

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



COMMONWEALTPI OF MASSACHUSETTS. 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;] 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; For right of 

. . !• 1 1 1 1 Sovernor to 

and if he, upon such revision, approve thereof, he shall return bin or 

• 'XL rGsolvG for 

signify his approbation by signing the same. But if he amendment, 
have any objection to the passing of such bill or resolve, he ^n^t^^rt. 
shall return the same, together with his objections thereto, pj/^jga rovai 
in writing, to the senate or house of representatives, in or reduction of 
whichsoever the same shall have originated; who shall governor in 
enter the objections sent down by the governor, at large, ating^momjyT 
on their records, and proceed to reconsider the said bill or ^n^t^^Art. 
resolve. But if after such reconsideration, two-thirds of lxiii, sect. 5. 
the said senate or house of representatives, shall, notwith- passed by two- 

. !• ,1 • 1 i_ • J.* j_ ^^ 'j. thirds of each 

standing the said objections, agree to pass the same, it house, not- 
shall, together with the objections, be sent to the other withstanding. 
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 unnecessary delays, if any bill ,^'*case'^?*j|5^ 
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. IJamlni^^' 

III. The general court shall forever have full power g';^';,^^';^^\- 
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- sVray?!. 
mining of all manner of crimes, offences, pleas, processes, \l4^'^°'^'' ^*^' 
plaints, actions, matters, causes, and things, whatsoever, ^^^ntrTrl' 
arising or happening within the commonwealth, or between ^?;y([^' '^j^® 
or concerning persons inhabiting, or residing, or brought sect. 2, arid The 
within the same: whether the same be criminal or civil, iii%ect. 2.' 
or whether the said crimes be capital or not capital, and 



12 



CONSTITUTION OF THE 



Courts, etc., 
may administer 
oaths. 



General court 
may enact laws, 

9 Gray, 426. 
4 Allen, 473. 
12 Allen, 223, 
237. 

100 Mass. 544, 
557. 

lieMass. 467, 
470. 

For initiative 
and refer- 
endum, see 
amendments. 
Art. XLVIII. 

General court 
may enact 
laws, etc., not 
repugnant to 
the constitu- 
tion. 
6 Allen, 358. 

may provide 
for the election 
or appointment 
of officers. 
115 Mass. 602. 

may prescribe 
their duties. 



may impose 
taxes, etc. 
See amend- 
ments. 

Arts. XLI and 
XLIV. 
12 Mass. 252. 

5 Allen, 428. 

6 Allen, 558. 
SAUen, 247,253. 

10 Allen, 235. 

11 Allen, 268. 

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

100 Mass. 285. 

101 Mass. 575, 
585 

lOSMass. 267. 
114 Mass. 388, 
391. 

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

123 Mass. 493, 
495. 

127'Mass. 413. 

may impose 

taxes, etc., to 

bp dispo.sed of 



whether the said pleas be real, personal, or mixed; and 
for the awarding and making out of execution thereupon. 
To which courts and jutlicatories are hereby given and 
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. 

IV. And further, full power and authority are hereby 
given and granted to the said general court, from time to 
time to make, ordain, and establish, all manner of whole- 
some and reasonable orders, laws, statutes, and ordinances, 
directions and instructions, either with penalties or with- 
out; so as the same be not repugnant or contrary to this 
constitution, as they shall judge to be for the good and 
welfare of this commonwealth, and for the government 
and ordering thereof, and of the subjects of the same, and 
for the necessary support and defence of the government 
thereof; and to name and settle annualh, or provide by 
fixed laws for the naming and settling, all civil officers 
within the said commonwealth, the election and consti- 
tution of whom are not hereafter in this form of govern- 
ment otherwise provided for; and to set forth the se^•eral 
duties, powers, and limits, of the several civil and mili- 
tary officers of this commonwealth, and the forms of such 
oaths or affirmations as shall be respectively administered 
unto them for the execution of their several offices and 
places, so as the same be not repugnant or contrary to 
this constitution; and to impose and levy proportional 
and reasonable assessments, rates, and taxes, upon all the 
inhabitants of, and persons resident, and estates lying, 
within the said commonwealth; and also to impose and 
levy reasonable duties and excises upon any produce, 
goods, wares, merchandise, and commodities, whatsoever, 
brought into, produced, manufactured, or being within 
the same; to be issued and disposed of by warrant, under 
the hand of the governor of this commonwealtli for the 
time being, with the advice and consent of the council, 
for the public service, in the necessary defence and sup- 
port of the government of the said commonwealth, and 
the protection and preservation of the subjects thereof, 
according to such acts as are or shall be in force within 
the same. 

And w^hile the public charges of government, or any 
part thereof, shall be assessed on polls and estates, in the 



C'OM.AION^^T.ALTH OF ISIASSACHrSETTS. 13 

manner that has hitherto been practised, in order that fo'"fiefence, 

protection &tc. 

such assessments may be made with equaUty, there shall s Alien, 24V, 
be a valuation of estates within the commonwealth, taken valuation of 
anew once in ever\' ten \ears at least, and as much oftener estates once in 

• • ' ten years, at 

as the general court shall order. leasf while, etc. 

'^ SAllen, 24(. 

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 fmendment^^ 
to be councillors and senators for the year ensuing their ^hich^wis also 
election; to be chosen bv the inhabitants of the districts superseded by 

• . . amendments, 

into which the commonwealth may, irom 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 go\'ern 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 ^^nts, Art. 
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^^rlct^ unt'if, 
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 firet Wednes- 
day oi 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 tow^n 
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 ^Monday in April,] for 
the purpose of electing persons to be senators and coun- 
cillors; [and at such meetings every male inhabitant of 
twenty-one j-ears of age and upwards, 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 the secretary of 
the commonwealth for the time being, with a superscription, 
expressing the purport of the contents thereof, and delivered 
by the town clerk of such towns, to the sheriff of the county 
in which such town lies, thirty days at least before [the last 
Wednesday in May] [annually;] or it shall be delivered into 
the secretary's office seventeen days at least before the said 
[last Wednesday in May:] and the sherift' of each county 
shall deliver all such certificates by him received, into 
the secretary's office, seventeen days before the said [last 
Wednesday in May.] 

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



co:\j:\ionwealtii 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 ]\Ionday Timeofeiec- 
in April], at such place in the plantations, respectively, as by^amemf-^ 
the assessors thereof shall direct; which assessors shall have ™^"ts, Art. 
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 amiielnV' 
five of the council, for the time being, shall, as soon as may anTL^u^i^^' 
be, examine the returned copies of such records; and four- summonses. 
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- Art^'x™^'^ ^' 
ingly: provided, nevertheless, that for the first year the ^^^^^''^^/to 
said returned copies shall be examined bv the president and plurality by 

£« ,1 •! £ J.1 J? "I'j^ j^' e amendments, 

ve 01 the council or the former constitution or govern- Art. xiv. 

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 the final judge of the elections. Senate to be 
returns and qualifications of their own members, as pointed eilfnmsfltc., 
out in the constitution; and shall, [on the said last Wednes- mJmbeTs'! 
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 Majority 
for any district, the deficiency shall be supplied in the fol- '^^^"jfiit'^ ^^ 
lowing manner, viz.: The members of the house of repre- amendnients, 
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 w^anting, 
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 in 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.] 



CHAPTER I. 

Sectiox III. 

House of Representatives. 

?fThfSpfe°" Article I. There shall be, in the legislature of this com- 
monwealth, a representation of the people, annually elected, 
and founded upon the principle of equality. 

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



CO.ALAIOXWPl\LTn OF .ArASSACIIl^SETTS. 17 

II. [x\iul in order to provide for a representation of tlie Rcpresenta- 
citizens of this commonwealth, founded upon the principle chosen/^'*''" 
of equalitA , every corporate town containing one hundred amemiments'^^ 
and fifty ratable polls may elect one representative; every xm wh^ch *^ 
corporate town containinjij three hundred and seventy-five "''re also 

r^ '^ . • superseded by 

ratable polls may elect two representatives; every corporate iimendments, 
town containing six hundred ratable polls may elect three i Mass. .523. 
representatives; and proceeding in that manner, making two 
hundred and twenty-fi\e ratable polls the mean increasing 
number for every additional representative. 

Provided, nevertheless, that each town now incorporated, Proviso as to 

towns iiiivHiK 

not having one hundred and fifty ratable polls, may elect less than 150 

• • ratable Dolls 

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.l 

And the house of representatives shall have power from Towns liaWe 
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 ^awilinl to 
returning home, once in every session, and no more, shall ^eneraUourt 
be paid by the government, out of the public treasury, to how paifj. 
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^a'reprl^*'"^ 
be chosen bv written votes; [and, for one vear at least next sentative. 

1 •" 1 • I 11 1 1 •' 1 1 • s rvew provision 

preceding his election, shall have been an inhabitant 01, 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 p^perty quai- 
to represent, or any ratable estate to the value of two hun- jficatio^s aboi- 
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 se'ded^by'"^' 
estate within the said town of the annual income of three A™r1?i!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 xxxiiand 
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 t^ves.^when" 
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- 
ments. Art. XV. 



18 



CONSTITUTION OF THE 



House alone 
can impeach. 



House to origi- 
nate all money 
bills. 



Not to adjourn 
more than tw o 
days. 

See amend- 
ments, Art. LII. 

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 
councH may 
punish. 

General 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.] 

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 
authority to punish by imprisonment every person, not a 
member, who shall be guilty of disrespect to the house, by 
any disorderly or contemptuous behavior in its presence; or 
who, in the town where the general court is sitting, and 
during the time of its sitting, shall threaten harm to the 
body or estate of any of its members, for any thing said or 
done in the house; or who shall assault any of them therefor; 
or who shall assault, or arrest, any witness, or other person, 
ordered to attend the house, in his way in going or returning; 
or who shall rescue any person arrested by the order of the 
house. 

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

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. 



CO.AIMOXWEALTH 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 [annually;] 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- tions^sie*'^*''^' 
wealth for seven years next preceding; [and unless he shall irt®"Lxfv**' 
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 see\mend°"^" 
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 1 , n chosen, if he 

senators and representatives withm the several towns or haveamajor- 
this commonwealth shall, at a meeting to be called for that see anie*nd-' 
purpose, on the [first Monday of April] [annually,] give in xlT' ^^^' 
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"amemf-^ 
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^'lmLd^^^'^ 
j>ersons voted for, with the number of votes for each person ™^°ts, 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^'ii™'^" ^' 
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 amend^^l£\s, 
the same to be made to the office of the secretary of the ^^^- ^• 
commonwealth, seventeen days at least before the said day; 
and the secretary shall lay the same before the senate and 
the house of representatives on the [last Wednesday 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 
commajider-in- 
chief. 

This article 
aimulled and 
superseded by 
iunendments. 
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 heltl 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 ]\Iay.] 

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. [Tlie 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; 



COj\BIOX\VEALTII of :\IASSACHUSETTS. 21 

and, for the special defence and safety of the commonweal tli, 
to assemble in martial array, and put in warlike posture, the 
inJiabitants 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 whatsoe\er, 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 the militia in actual 
service, the law-martial, in time of war or invasion, and also 
in time of rebellion, declared by the legislature to exist, as 
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 

, •ipip 1 1 council may 

as persons may be convicted or berore 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 MiT."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'fetc° iiow 
solicitor-general, [all sheriffs,] coroners, [and registers of pro- appJhued!^°'^ 



22 



CONSTITLTIOX 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 officers, 
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 pro^-ision as to election of sheriffs, registers of probate, etc., see amendments. 
Art. XIX. 

For provision as to appointment of notaries public, 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 tlie 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 having a negative upon the 
other; and be commissioned by the governor. 

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

And if the electors of brigadiers, field officers, captains or 
subalterns, shall neglect or refuse to make such 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. 

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



COM]MONWEALTII OF J^IASSACHUSETTS. 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^rawn from the 
this commonwealth, and disposed of (except such sums as ^j^ceXetc. 
may be appropriated for the redemption of bills of credit is 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 quarterly 
ing to this commonwealth, and all commanding officers of '■®^'^™^- 
forts and garrisons within the same, shall once in every 

three months, officially, and without requisition, and at other 
times, when required by the governor, deliver to him an 
account of all goods, stores, provisions, 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 ; 
see amendments, Art. XLVIII, Tlie initiative, 11, sect. 2, and Tlie referendum, III, 
sect. 2. 

eniarged^if '^'^ And if it shall be found that any of the salaries aforesaid, 
insufficient. go 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. 



CHAPTER II. 



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 be 
acting gov- 
ernor, in case, 
etc. 

See aniend- 
ments. Art. LV, 



Section II. 

Lieutenant-Governor. 

Article I. There shall be [annuallyl 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 maimer 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. AYhenever 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. 



C0:MI\I0X WEALTH OF IMASSACHUSETl^S. 25 

CHAPTER II. 
Section III. 

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

Article I. There shall he a council for advising the council, 
governor in the executive part of the government, to consist coulTcifioM 
of [nine] persons besides the lieutenant-governor, whom the elglu^^'^ *^° 
governor, for the time being, shall have full power and ^^em^Arl' 
authority, from time to time, at his discretion, to assemble xvi. 
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 aflairs 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 Lw'^hosen. 
the last Wednesday in May, by the joint ballot of the sen- ^n^^dmenL, 
ators and representatives assembled in one room; and in Arte, x and 
case there shall not be found upon the first choice, the whole Superseded by 

, ,. . 1 Ml • 1 •! amendments, 

number or nme persons who will accept a seat ni 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 comrcouncu-" 

the persons thus elected from the senate, and accepting the ["""b'/^aiated*^ 

trust, shall be vacated in the senate.] 

III. The councillors, in the civil arrangements of the Rank of 

' p 1 !• councillors. 

commonwealth, sliall liave rank next after the lieutenant- 
governor. 

IV. [Not more than two councillors shall be chosen out hL°vemore *° 
of any one district of this commonwealtli.] t^^^'" t^o- 

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 

*■ exercise the 

governor shall be vacant, by reason of 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, annufied"and 
and execute, all and every such acts, matters, and things, as l^endments,^ 
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 IMay 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 chosen 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 public accounts, are 
their property, no man shall be eligible as treasurer and 
receiver-general more than five years successively.] 

For provision as to appointment of notaries public and the commissary-general, see 
amendments. Arts. IV and LVII. 

Treasurer and receiver-general ineligible to election for more than three successiv^e 
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 lie 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. 

SSmfssfonid Article I. The tenure, that all commission officers shall 
e^resse*d ''*' by law havc in their offices, shall be expressed in their 
Ju'^'ciai officers Fcspective commissions. All judicial officers, duly ap- 



COMMONWEALTH OF MASSACHUSETTS. 27 

pointed, commissioned and sworn, shall hold their offices during good 

, . Ill- . • 1 • I j^i behavior, ex- 

dunng good behavior, exceptmg such concernmg whom there cept, etc. 
is different provision made in this constitution: provided, removed on 
nevertheless, the governor, with consent of the council, may '^'^^''^ss- 
remove them upon the address of both houses of the legis- 
lature. 

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

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

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

, Mini xi -J. J. • preme judicial 

governor and council, shall have authority to require court to give 
the opinions of the justices of the supreme judicial court, ^^'qulr^d." 
upon important questions of law, and upon solemn occa- i26MS!557,' 
sions. ^^^• 

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

I . • 1 i> • ' • i« 1 I peace; tenure 

long continuance in place oi any justice oi 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 

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

* /. • • J 1 • i» 1 1 i ustices of the 

OI any commission, the same may, ii 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 y^''?y'^'°"^o°'" 
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 ^^i^oree^^and 
appeals from the judges of probate, shall be heard and j'j'}^'^"^;^ 
determined by the governor and council, until the legislature visions made 
shall, by law, make other provision. ne Mass. 317. k^s Mass. 327. 



congress. 



CHAPTER IV. 

DELEGATES TO CONGRESS. 

[The delegates of this commonwealth to the congress of Delegates to 
the United States, shall, some time in the month of June, 
annually, be elected by the joint ballot of the senate and 
house of representatives, assembled together in one room ; to 
serve in congress for one year, to commence on the first 
Monday in November then next ensuing. They shall have 



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 year, and others chosen and commissioned, in the 
same manner, in their stead.] 



Harvard 
College. 



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



All gifts, 
grants, etc., 
confirmed. 



CHAPTER V. 

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

Section I. 
The University. 

Article I. Whereas our wise and pious ancestors, so 
early as the year one thousand six hundred and thirty-six, 
laid the foundation of Harvard College, in which 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 



COI^IMONWEALTH 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 I852' 27*" 
deemed, their successors, who, with the president of Harvard }|^^| 212. 
College, for the time being, together with the ministers of J^^^'^^j^Ha. 
the congregational churches in the towns of Cambridge, isgiiiee". 
Watertown, Charlestown, Boston, Roxbury, and Dorchester, ma', m. 
mentioned in the said act, shall be, and hereby are, vested l902;243'. 
with all the powers and authority belonging, or in any way Jg}"; 593; 
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 legi'siatuxe. 
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 ^Massachusetts Bay. 



CHAPTER V. 

Section H. 

The Encourageinent of Literature, etc. 

Wisdom and knowledge, as well as virtue, diffused gen- outyofiegis- 
erally among the body of the people, being necessary for the mag^strarei in 
preservation of their rights and liberties; and as these depend perlods"^** 
on spreading the opportunities and advantages of education ^or further 

, . PI 1 I i-rv provisions as to 

in the various parts or the country, and among the dmerent public schools, 
orders of the people, it shall be the duty of legislatures and ments. Arts. 
magistrates, in all future periods of this commonwealth, to xlvi.^° 
cherish the interests of literature and the sciences, and all 503^'''*'^°''' 
seminaries of them ; especially the university at Cambridge, ^°^ ^^^^- ^^' ^^• 
public schools and grammar schools in the towns; to en- 
courage private societies and public institutions, rewards and 



30 



CONSTITUTION 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. 



CHAPTER 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 own right, of the property 
required by the constitution, as one qualification for the 
oflBce 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 INIassachu- 
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 defenvl 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 e\ery other foreign power whatsoever; and that no 
foreign i)rince, 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 L'nited 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 ment™Trt"\i. 
people called Quakers, and shall decline taking the said 
oath[s], he shall make his affirmation in the foregoing form, 
and subscribe the same, omitting the words, ["I do sivear," 
"and abjure," "oath or," "and abjuration," in the first oath, 
and in the second oath, the words] " sicear and," and [in 
each of them] the words "80 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 
subscribed by the governor, lieutenant-governor, and coun- howadminis- 
cillors, before the president of the senate, in the presence 
of the two houses of assembly; and by the senators and 
representatives first elected imder 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 — shall 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 MASSACHUSETTS. 33 

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

III. II n 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- 

. > I 1 • 1 p ' • ncations may 

be m the power ot the legislature, from time to time, to be increased. 

, ,.p . „ , See amend- 

increase such qualiiications, as to property, or the persons to ments, Arta. 
be elected to offices, as the circumstances of the common- xxxlv. 
wealth shall require.] 

IV. All commissions shall be in the name of the Com- Provisions 
monwealth of IMassachusetts, signed by the governor and con^isswns. 
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!l92"**' 
Massachusetts; they shall be under the seal of the court f3*Grayf"74. 
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, f^^^^^r'iaws? °^ 
used, and approved in the Province, Colony, or State of ^"^^^^^ ^g^g''- 
INIassachusetts Bav, and usuallv 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 2 Met. iis. 
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 secured, e.x- 
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 meST conUmied 
form of government, all officers, civil and military, holding "°*'^'®*''- 
commissions under the government and people of Massa- 
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 
constitution. 



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 governor for his approbation, and thereby if legislature 

. . . , , . , . . • I 1 L adjourn in the 

prevent his returning it with his obiections, as provided bv mean time. 

1 .• .• V 1 -11 1 I 11 \l L 1 3 Mass. 567. 

the constitution, such bill or resolve shall not become a law, see Const., ch. 
nor have force as such. , § , rt. 

Art. II. The general court shall have full power and e^mpowLXo 
authority to erect and constitute municipal or city govern- i2f''Mass'l54" 
ments, in any corporate town or towns in this common- seeamend- 
wealth, and to grant to the inhabitants thereof such powers, xlvi'i and' 
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- loveTnm!°'^ 
ship, who shall have resided within the commonwealth one governo"^' 
year, and -sNithin the town or district in which he may claim ^rre^e'^tl-'^ 
a right to vote, six calendar months next preceding any tives. 

,'%„,. ^ o . ggg amend- 

election or 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 npidv^^ss. 
shall, within two years next preceding such election, have ifpick. 341. 
been assessed upon him, in any town or district of this com- g^iet^^j-gf 298 
monwealth; and also every citizen who shall be, by law, 591, 594. ' 
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 i_ qualification. 

ators, and representatives; and no other person shall be seeamend- 

. , , '^ . II' ments, Art. 

entitled to vote in such election. xx. 

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

For absentee voting, see amendments. Art. XLV. 

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

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. 



Who may vote 
for captains and 
subalterns. 



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



Proviso. 

Quakers may 
affirm. 



Tests abol- 
ished. 



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.] 

[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. 

Art. V. [In the elections of captains and subalterns of 
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 ofiice, shall be required of the governor, lieutenant- 



COMMONWEALTH OF MASSACHUSETTS. 37 

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

Art. VIII. No iudge of anv court of this commonwealth, incompatibility 

• of OIllCGS 

(except the court of sessions,) and no person holding any 122 Mass! 445. 
office under the authority of the United States, (postmasters i23Mas3. 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 commonwealth, (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 
ticular amendment or amendments to the constitution be howmad^"' 
proposed in the general court, and agreed to by a majority J.l'.Juned'by 
of the senators and two-thirds of the members of the house c.ene^mo-' 
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. 
May; and the general court shall assemble every year on sion to '^'^"^ 
the said first Wednesday of January, and shall proceed, at ann™Uy"^ 
that session, to make all the elections, and do all the other ^''ent^Art? 
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 IVIay. And the general court shall be 
dissolved on the day next preceding the first Wednesday 
of January, without any proclamation or other act of the 
governor. But nothing herein contained shall prevent the 
general court from assembling at such other times as they 
shall judge necessary, or when called together by the 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 IVIay, 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.] 



CO.ABIONWEALTII OF MASSACHUSETTS. 39 

Art. XI. Instead of the third article of the bill of Sm' 
rights, the following modification and amendment thereof fee dS^o/ 
is substituted : — J^'gi>t«. J^rt. 

"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, iif 
ment; therefore, the several religious societies of this com- rrferlndumTm. 
monwealth, whether corporate or unincorporate, at any sect. 2. 
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 pa^Tnent 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 Census of rata- 

i» 1 • IIP II 1 . ble polls to be 

the Citizens or this commonwealth, rounded upon the prin- taken in 1837 
ciples of equality, a census of the ratable polls, in each city, thereafter. 
town, and district of the commonwealth, on the first day of wafsuperseded 
May, shall be taken and returned into the secretary's office, m^ntTfArt. 
in such manner as the legislature shall provide, within the ^is aiso^suDer- 
month of May, in the year of our Lord one thousand eight sededby 

*'' ^ , " 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 apportioned. 
preceding decennial census of polls, may elect one representa- 
tive, and for every 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 rtfabie^poUs, 
polls, at the last preceding decennial census of polls, shall be se°iued.^'^^ 
multiplied by ten, and the product divided by three hundred; 
and such town may elect one representative as many years 
within ten years, as three hundred is contained in the product 
aforesaid. 



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 fift\' 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, respecti\ely, 
called for that purpose, and held previous to the first day 
of July, in the year in which the decennial census of p>olls 
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 .AIASSACHUSETTS. 41 

Art. XIII. [A census of the inhabitants of each city and {^Smito'be 
town, on the first day of ^lay, shall be taken, and returned J^n'^f^ip"^,^^'--' 
into the secretary's office, on or before the last day of June, niiy thereafter, 
of the year one thousand eight hundred and forty, and of representation. 
every tenth year thereafter; which census shall determine to'^censuss^ 
the apportionment of senators and representatives for the amindment'e, 
term of ten years. 122 Mass. 595. and xxii. 

The several senatorial districts now existing shall be per- senatorial dis- 
manent. The senate shall consist of forty members; and in permanenr^ 
the year one thousand eight hundred and forty, and every fj°enat'OTs''^ 
tenth year thereafter, the governor and council shall assign l^'en^fj^e^tg^ 
the number of senators to be chosen in each district, accord- Art. 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 repre- 

. . I . .1 » 11 • TTi , ., sentatives, how 

apportioned m the loUowmg manner: Every town or city apportioned. 
containing twelve hundred inhabitants may elect one repre- fjpr'^Sntatfvel'' 
sentative; and two thousand four hundred inhabitants shall ame^'mimentsf 
be the mean increasing number, w^hich 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 sented. 
times within ten years as the number one hundred and sixty 
is contained in the number of the inhabitants of said tow^n. 
Such towns may also elect one representative for the year 
in which the valuation of estates within the commonwealth 
shall be settled. 

Anv two or more of the several towns mav, bv consent of Towns may 

'..,,, 1 1 1 ^ • • unite into 

a majority or the legal voters present at a legal meeting, in 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 andTa*tio^of°°' 
which shall entitle a town or city to elect more than one, i^^crease. 
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. 59,i, 
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 any 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 Monday 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 IVIonday 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 MASSAC Hl'SETTS. 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- "t^c." ®'^*'°"' 
tions, shall be the same as are required in the election of 
governor. [Whenever there shall be a failure to elect the Vacancies, how 
fuU number of councillors, the vacancies shall be filled in the For new pro- 
same manner as is required for filling vacancies in the senate ; vacancies! 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 ha^•e happened.] And that organization of 
there may be no delay in the organization of the government menf"^^"^"" 
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 go\'ernor, 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 W^ednesday 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- at"torney-^g"t- 
ernor; and each person then chosen as such, duly qualified ''g^'^J*'"' 
in other respects, shall hold his office for the term of [one For election 
year] from the third Wednesday in January next thereafter, see amend- 
and until another is chosen and qualified in his stead. The lxiv', secV. 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. 

12 Allen,. 500,. 508. 
103 Mass. 94, 96. 
1 his article was 
superseded by 
amendments, 
Art. XLVI. 
Legislature to 
prescribe for 
the election of 
sheriffs, 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 applied 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 expended; 
and such moneys shall never be appropriated to any religious 
sect for the maintenance, exclusively, of its own school.] 

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



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 office under the constitution of this common- English and 
wealth, who shall not be able to read the constitution in the mi?y qualified- 
English language, and write his name: provided, however, p°oviso/°''"^'*' 
that the provisions of this amendment shall not apply to For other quaii- 

r ... r r ^' hcations, see 

any person prevented by a physical disability from comply- ^T"n?'®°*^' 
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^amiild-'^'^ 

For absentee voting, see amendments, Art. XLV. virvn' *" 

Art. XXI. A census of the legal voters of each city and Census ofiegai 
town, on the first day of JNIay, shall be taken and returned inhabitants, 
into the office of the secretary of the commonwealth, on or Ttc!^ '^ *'"' 
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 II' 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- Legislature to 
tion as aforesaid, to the several counties of the common- 10 c'ray.'eis.*'' 
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, counties! 
the number of representatives to which each county shall be 
entitled, to the board authorized to divide each county into 
representative districts. The mayor and aldermen of the 
city of Boston, the county commissioners of other counties 
than Suffolk, — or in lieu of the mayor and aldermen of the 
city of Boston, or of the county commissioners in each county 
other than Suffolk, such board of special commissioners in 
each county, to be elected by the people of the county, or of 
the towns therein, as may for that purpose be provided by 



4(} 



COXSTITUTIOX OF THE 



Meeting for 
(li^'ision 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 
se^"eral 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 inhabitant 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 
tcnvn, 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 



COMINION^VEALTH OF IMASSACIIUSETTS. 47 

district to contain, as nearly as may be, an equal number of ars'trict!s'''ltc. 

legal voters, according to the enumeration aforesaid: pro- Seeamend- 

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 Qualifications 

1 n 1 I 1 11 1 1 • 1 1 • of senators. 

shall elect one senator, who shall haxe 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- ment™Trt" 
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 

1 11 1 1* M 1 rr- 1 1 1 n 1 two years re- 

to vote, or shall be eligible to omce, unless he shall have quired of natu- 
resided within the jurisdiction of the United States for two to entitle tcT ^' 
years subsequent to his naturalization, and shall be other- makellig^bie 
wise qualified, according to the constitution and laws of Th?i\Tticie 
this commonwealth: provided, that this amendment shall not l^t'^xxvi' 
affect the rights which any person of foreign birth possessed 
at the time of the adoption thereof; and, provided, furtJwr, 
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. Anv vacanc^' in the senate shall be filled Vacancies in 

. « « . . '•"® senate. 

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^Hde o"/^*'*^ 
amendment of the constitution of this commonwealth, which ^^^"fT"*^ 
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 



48 



CONSTITUTION OF THE 



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

Sup>erseded by 
Art. XXXI. 



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



Voters not dis- 
qualified by 
reason of 
change of re.si- 
dence until six 
months from 
time of removal. 
For absentee 
voting provi- 
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 ta.K. 



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 
within 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 words: — receiving or having received 
aid from any city or town, — and also by striking out in said 
fourth line the words " if a pauper ", so that the article as 
amended shall read as follows: Article XXVIII. No 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. 



CO:\IMOXWEALTII OF MASSACHUSETTS. 49 

Art. XXXII. So much of article three of the amend- Provisions of 
ments of tlie constitution of the commonwealth as is con- V*- m.^reial 
tained in the following words: " and who shall have paid, ment o/'aVax 
by himself, or his parent, master, or guardian, any state or ^uaiifi°ca"ion, 
county tax, which shall, within two years next preceding annulled. 
such election, have been assesse<l 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 the members of each branch Quorum, in 
of the general court shall constitute a quorum for the trans- the general 
action of business, but a less number may adjourn from day li^'^oi ^a ''°°' 
to day, and compel the attendance of absent members. All members."^ 
the provisions of the existing constitution inconsistent Avith 
the provisions herein contained are hereby annulled. 

Art. XXXIV. So much of article two of section one of ArrnTi"^ 
chapter two of part the second of the constitution of the c^ap ii, Part 
commonwealth as is contained in the following words : property quaii- 
"and unless he shall at the same time be seised, in his governV. 
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 ^rt"n°riii 
chapter one of the constitution of the commonwealth as is Chap. i, reia- 
contained in the following words: " The expenses of travelling of travelling to 
to the general assembly, and returning home, once in every L^mbiyljy 
session, and no more, shall be paid by the government, out we^annuiiS 
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 kmended.' 
contained in the following words: "commissioners of in- 
solvency ", is hereby annulled. 

Art. XXXVII. The governor, with the consent of the Removal of 
council, may remove justices of the peace and notaries public. "^'^ '^"^ ° '"''^' 

Art. XXXVIII. Voting machines or other mechanical machines may 
devices for voting may be used at all elections under such eieJtions''*' 
regulations as may be prescribed by law: provided, hoivever, votin°™se^*°'^ 
that the right of secret voting shall be preserved. amendments, 

Art. XXXIX. Article ten of part one of the constitu- Powers of the 
tion is hereby amended by adding to it the following J-elMve^'o the 
words : — The legislature may by special acts for the purpose ^^^'"^"^ ^^"'^' 
of lading out, widening or relocating highways or streets, ^^deningor 
authorize the taking in fee by the commonwealth, or by a highways, etc. 



50 



CONSTITUTION OF THE 



Proviso. 



Amendments, 
Art. Ill, 
amendeil. 



Taxation of 
wild or forest 
lands. 



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



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



Powers of tlie 
general court 
relative to 
imposing and 
levying a tax 
on income; 
exemptions, 
etc. 



county, city or town, of more land and property than are 
needed for the actual construction of such highway or street: 
jjrorided, however, that the land and property authorized to 
be taken are specified in the act and are no more in extent 
than would 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 b}' 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 pvower 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 uniform rate 



COMMONWEALTH OF MASSACHrSETTS. ol 

throiiglioiit the cximmonwealth 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 le\ying 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 
\ade by law for \'oting by qualified voters of the common- fo^wviTe^by 
wealth who, at the time of an election, are absent from the 'entervot^ng 
citv or town of which they are inhabitants in the choice of For compulsory 

•^ *- votinc; see 

any officer to be elected or upon any question submitted at amendments, 
such election. 

Art. XLVI. (In place of article X\TII of the articles xo law to pro- 
of amendment of the constitution ratified and adopted ciWof^elision. 
May 23, 1855, the following article of amendment, sub- ^'tXifnot 
mitted bv the constitutional convention, was ratified and be the subject 

* ' oi an initiative 

adopted November 6, 1917.) Article XVIII. Section 1. amendment. 

oG© amcntl- 

No law shall be passed prohibiting the free exercise of ments, Art. 

,. . i- I & XLVIII, The 

religion, initiative, II, 

Section 2. All monevs raised by taxation in the towns ^T'^Cv' 

• , •^ 1 ublic money 

and cities for the support of public schools, and all moneys ""^ to be ex- 
which may be appropriated by the commonwealth for the educational, 
support of common schools shall be applied to, and ex- reitgiousor 
pended m, no other schools than those which are conducted t/ons "of'*" 
according to law, under the order and superintendence of pubiico"wner- 
the authorities of the town or citv in which the monev is ship and 

* , . • , control, etc. 

expended; and no grant, appropriation or use of public Credit of the 
money or property or loan of public credit shall be made or wealth 
authorized by the commonwealth or any political division amendments, 
thereof for the purpose of founding, maintaining or aiding ^cV.k^^^' 
any school or institution of learning, whether under public 
control or otherwise, wherein any denomhiational doctrine 
is inculcated, or any other school, or any college, infirmary, 
hospital, institution, or educational, charitable or religious 
undertaking which is not publicly owned and under the 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 pa^'ing 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 
whole 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 eifect 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. 

I. 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 
laws, enacted by the general court, to the people for their 
ratification or rejection. 



COMMONWEALTH OF MASSACHUSETTS. 53 

The Initiative. 

II. Initiative Petitions. 

Section 1. Contents. — An initiative petition shall set co^.«^en^|of 
forth tlie 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 c^r't.^when^a 
court shall raise by taxation or otherwise and shall appro- by thVpe^o^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 tobes'ubjw^t 
provision for its protection, shall be the subject of an initia- amrndment. 
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 be^ 
laration of rights, shall be the subject of an initiative or fn^She^or 
referendum petition: The right to receive compensation pJtTtion."™ 
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 Further 
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 p^f^'fivg 
court in the constitution shall extend to the legislative power Umitationa 

« ,1 , • 1 1 1 extended. 

oi the people as exercised hereunder. 



54 



CONSTITUTION OF THE 



Initiative peti- 
tion, mode of 
originating, etc 



Secretary of 
the common- 
wealth 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 l)y 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 Wednesday 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. 



///. Legislative Action. General Provisions. 

k^isbt'ive *^° Section 1 . Reference to Committee. — If a measure is in- 

committeeand troduccd iuto the general court by initiative petition, it shall 

report thereon. '^ . i""** ii-- i 

be referred to a committee tnereoi, and the petitioners and 
all parties in interest shall be heard, and the measure shall 
be considered and reported upon to the general court with 
the committee's recommendations, and the reasons therefor, 
in writing. Majority and minority reports shall be signed 
by the members of said committee. 
Legislative Section 2. Legislative Substitutes. — The general court 

substitute for , i .• i i i j. -^i i 

initiative mav, by resolution passed by yea and nay vote, either by 

measure. ^|^^ ^^^^^ liouses Separately, or in the case of a constitutional 



COMMOMVEALTH OF MASSACIIUSEITS. 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. 

/['. 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, substuut'e"!*'^^ 
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 amenXi^nt 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, or ^^''M caii joint 
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 Proposed 

, „ . ' , ■^ . . . , , amendment 

proposal tor an amendment to the constitution introduced totheconsti- 
by initiative petition shall be voted upon in the form in in which°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 legisu- 
in the joint session upon any amendment shall be taken only b^aTen^by" 
by call of the yeas and nays, which shall be entered upon ^"^^ ^""^ °^^^- 
the journals of the two 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 
joint session a legislative amendment receiving the affirma- "oJ^t"*'"^'^''^ 



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 receiving 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 takes 
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 foUow^ing 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 

(lays after such state election or at sudi time after such elec- 
tion as may he provided in such law. 

Section 2. Amendment by Petitioners. — If the general of'^ro^ed'' 
court fails to pass a proposed law before the first Wednesday 1?^ ^y p^'^j- 

n T ••fin • i>i"''-'' t'o^ers and 

or June, a majority ot the first ten signers oi the initiative submission of 
petition therefor shall have the right, subject to certification the people by 
by the attorney-general, filed as hereinafter provided, to oflhrcom-^ 
amend the measure which is the subject of such petition, "'"""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 W^ednesday 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 andiuelnitive 
amendments or of laws approved by the people at the same ^h^^h'^f-'ii 
election are held to be in conflict, then the provisions con- govern when 
tained in the measure that received the largest number of thTi^opie, 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 

,n,i • ^ e • 1 1 • , • to provide for 

set forth, may provide lor grouping and designating upon grouping, etc, 

the ballot as conflicting measures or as alternative measures, bdlot^^^ 

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 §hall afford an opportunity to tlie voter to vote for 
each of the measures or for only one of the measures, as may 
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 
A'ote 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. 



How governor 
may cause 
certain laws 
to take effect 
forthwith. 



Exception. 



Thp: Referendum. 
/. When Statutes shall take Effect. 

No law pasbed 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. 

II. 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 tw'o-thirds 
of the members of each house votmg 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 herehiafter 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. 



COMMOXWEALTII OF .MASSACHUSETTS. 59 



ITT. Rejerendum Petitions. 
Skction 1. Contents.— A referendum petition may ask Contents of 

, ^ 111 refercnduni 

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

Section 2, E.vcluded Matters. — Ko law that relates to Certain mat- 
religion, religious practices or religious institutions; or to the be the subject 

• , , I'/j J.' J. 1 i." of a referendum 

appomtment, qualincation, tenure, removal or compeTisation 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 common\Aealth 
or for any of its departments, boards, commissions or insti- 
tutions shall be the subject of a referendum petition. 

Section ^. Mode of Petitioning for the Susperisioii 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 faw^and"/* 
such law be suspended, shall first be signed by ten qualified [hereon"^"™ 
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 the^common- 
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 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- 

s&rv lor 

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



Duties of tlie 
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 on an Emergency 
Law or a Law the Suspension of ivhich is not asked for. — A 
referendum petition may ask for the repeal of an emergency 
law or of a law which takes effect V)ecause 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. 



Identification 
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 



CO.ABIONW'EALTH OF ISIASSACHUSETTS. 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- 

I , 'iiiii^ ^ 1 ' late petitions 

general court may provide by law that no co-partnership circulated for 
or corporation shall undertake for hire or reward to circulate "^^ '"^ ^'^'"^'^ ' 
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. 

77. 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 ^'s'^^'''"^' 
county. 

777. Form of Ballot. 

Each proposed amendment to the constitution, and each Form of 

1 I'l 1 1 11111 -11 11 question on 

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 commouMealth 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 t^'pe, 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 J^oters. 

The secretary of the commonwealth shall cause to be Certain in- 
printed and sent to each registered voter in the common- vo'tTrs'toVe'^ 
wealth the full text of every measure to be submitted to the g^rew of 
people, together with a copy of the legislative committee's ^'^eauT"""'^" 
majority and minority reports, if there be such, with the 



YES. 




NO. 





YES. 




NO. 





62 



COXSTITITIOX OF THE 



names of the majority and minority members thereon, a 
statement of the votes of the g:eneral 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 
extend to 
certain 
measures. 



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



V. The Veto Poiver 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 
XLH, 
annulled. 



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



Regulation 
by law of ad- 
vertising on 
public ways, 
etc. 



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

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 pri\ate property within public view may be regulated 
and restricted bv law. 



C0MM0X\VP:ALTH of IMASSACHISETTS. 03 

Art. LI. The preservation and maintenance of ancient General court 

,,, ,J I'l'-i •• may prescribe 

landmarks and other property or historical or antiquarian for taking 
interest is a pubHc use, and tlie commonwealth and the cities nwk", 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 

.1 ,1 * i • X i may take a 

two houses, may take a recess or recesses amounting to not recess. 
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 II 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 \' of the articles of amendment are hereby annulled, 
and the following is adopted in place thereof: Article X. nivaf offices. 
All militarv and naval officers shall be selected and appointed ''°T appointed 

• . "t^ and removed, 

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 ofiicers who are entitled by law to receive commissions 
shall be commissioned by the governor. 

Art. LIV. Article VII of Section I of Chapter II of the Certain article 
constitution is hereby annulled and the following is adopted annuUed and'^ 
in place thereof: Article VII. The general court shall pro- Mijuar^id 
vide by law for the recruitment, equipment, organization, navaiforces, 
training and discipline of the military 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 \1 of Section III of Chapter II of the Certain article 
constitution is hereby annulled and the following is adopted annuOed and"^ 
in place thereof: Whenever the offices of governor and o"rde7ot'''^ 
lieutenant-governor shall both be vacant, by reason of death, smicession in 
absence from the commonwealth, or otherwise, then one governor, etc., 
of the following officers, in the order of succession herein vLcMcy! 



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 officers, 
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 be 
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 t:)f 
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 constitvition 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 
provide 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. 



COIMIMOXVVEALTII OF ISIASSACHUSETTS. 65 

Section 2. The commonwealth may borrow money to common- 

1 • • • , • I i? 1 xl wealth may 

repel invasion, suppress insurrection, detend the common- borrow money 
wealth, or to assist the United States in case of war, and pur^s^'.'' 
ma\' also borrow money m 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- requificf to"^' 
thirds of each house of the general court present and voting "^""o^ 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 nion°ey°Hmited. 
for the reduction or discharge of the principal of the loan. 

Art. LXIII. Section 1. Collection of Revenue. — AH c°"<'<'"o" °f 

f 1 111- revenue. 

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

Section 2. The Budget. — \Nith'm 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 form^etc.''^ 
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 Clformat^. 
department to furnish him with any information which he 
may deem necessary. 

Section 3. The General Approyriaiion Bill. — All ap- The general 
propriations based upon the budget to be paid from taxes or ^pp'^°p"^^"'° 
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. 



luire 
tion. 



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 provide 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 coimcillors 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 ]\Ion- 



C0M:M0NWEALTII of IMASSACHI'SETTS. 07 

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 Monday in November. 

Art. LXV. No person elected to the general court shall t^^|"^^^'/,°/ 
durins; the term for which he was elected be appointed to court not to 

*^ , IP' ,bo appointed 

any office created or the emoluments whereoi are mcreased to certain 
during such term, nor receive additional salary or compensa- receive com- 
tion for service upon any recess committee or commission ^"Iscom-" 
except a committee appointed to examine a general revision "4^"*"^^' ''^''^p'' 
of the statutes of the commonwealth when submitted to the 
general court for adoption. 

Art. LXVI. On or before eJanuary first, nineteen hun- organization 
dred twenty-one, the executive and administrative work of than twenty 
the commonwealth shall be organized in not more than to pertomthe 
twenty departments, in one of which every executive and adm^nilt'rat'ive 
administrative office, board and commission, except those ^^^^n}^ 
officers serving directly under the governor or the council, ""Jf '*'*!'• ^^^ 
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, tegun and held at Cambridge, on the 
first day of September, 1779, and continued by adjournments to 
the second day of March, 1780, when the convention adjourned to 
meet on the first Wednesday of the ensuing June. In the mean 
time the constitution was submitted to the people, to be adopted 
by them, provided two-thirds of the votes given should be in the 
affirmative. When the convention assembled, it was found that 
the constitution had been adopted by the requisite number of 
votes, and the convention accordingly Resolved, "That the said 
Constitution or Frame of Government shall take place on the last 
Wednesday of October next; and not before, for any purpose, 
save only for that of making elections, agreeable to this resolu- 
tion." The first legislature assembled at Boston, on the twenty- 
fifth day of October, 1780. 

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



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 re\ase 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 May, 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 ha\ing provided 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. 



C01\LArONWEALTH 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 day of November, 1885. 

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

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

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

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

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



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 daj^ 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 revise, 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 accordingly 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 spepial 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^ 



CO^DIOXWEALTH 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 fort3'-eight) at the state election 
of 191S, 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 fortj'-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. 

On Wednesday, June 12, 1918, the convention reassembled and 
resumed its work. Eighteen more articles (Articles forty-nine to 
sixty-six, inclusi^'e) were approved bj^ the convention and were 
ordered to be submitted to the people. On Wednesday, August 21, 
1918, the convention adjourned, "to meet, subject to call by the 
President or Secretary, not later than ^\^thin twenty days after the 
prorogation of the General Court of 1919, for the purpose of taking 
action on the report of the special committee on Rearrangement of , 

the Constitution." 

The forty-eighth Article 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. 

On Tuesday, August 12, 1919, pursuant to a call of its President, 
the Convention again convened. A rearrangement of the Constitu- 
tion was adopted, and was ordered to be submitted to the people for 
their ratification. On the following da,y, a sub-committee of the 
Special Committee on Rearrangement of the Constitution was "em- 
powered to correct clerical and typographical errors and establish 
the texi; of the rearrangement of the Constitution to be submitted 
to the people, in conformity with that adopted by the Convention." 

On Wednesday, August 13, 1919, the Convention adjourned, sine 
die. 

On Tuesday, November 4, 1919, the rearrangement was approved 
and ratified by the people. (As to the effect of this action, see Opin- 
ion of the Justices, 233 Mass. 603, and Loring v. Young, decided 
August 8, 1921.) 



72 CONSTITUTION OF MASSACHUSETTS. 



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. 



1 



INDEX TO THE CONSTITUTION. 



A. 

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

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



51 

53,59 
51 



61 



64 



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

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

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

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 coiu't, .......... 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 waj-s, 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 approved 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 

[75J 



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, ....... 51 

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

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

Api:)ointnients 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 bills, ....... 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 office 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, vacancj' 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 daj'S, ......... 44 

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

initiative i>etition, 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 



78 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- 
qualify 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 year 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. 



79 



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

articles IX and XLII of amendments to, annulled, 
provisions for revising, ....... 

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

rules governing initiative petitions for, .... 

matters excluded from initiative petition for, 

legi-slative 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 



r,52- 


-56 




55 




62 


4,37 
1 


55 


1 


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 

CJorruption 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 oresence 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, ......... 

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

to exercise the power of governor when office of governor and lieutenant 
governor is vacant; annulled, ...... 

authority to exercise powers of governor and lieutenant governor when 

both offices are vacant transferred to certain state officers, 
no property qualification required, ...... 

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

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

consent of, required to retire judicial officers for certain reasons, 
term of office; changed to biennial election, .... 

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 



25 
25 

32, 37 

25,63 

63 

42 

42 

43 

64 

38,66 



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 blinds 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 attorney-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, donominational, 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 lindertaking, 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 XLVl), ....... 

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 
63 
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, 

£'x posi/ac/o 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, ....... 



PAGE 

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 



Gleneral 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 CONSTITUTION. 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 j^ear 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 

27 
32 
33 
32 



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

penson convicted of bribery not to hold seat in, .... 

may increase property qualifications of persons to be elected to office, 
certain officers not to have seats in, . 
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 votei's 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 



INDEX TO THE CONSTITUTION. 



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 property 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, 

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

term of office, .......... 19, 

should have an honorable stated salary, 

the commander-in-chief of the army and navy, but may not oblige them 

to go out of the limits of the state; and annulled, . 
to appoint the adjutant general, .... 

may call together the councillors at any time, 
not to hold certain other offices, .... 

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

two houses of assembly, ....... SO, 



38, 66 

36,49 

38,66 

23 

21,63 
22,63 
20,25 
32,37 

31,36 



INDEX TO THE CONSTITUTION, 



87 



PAGE 

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 bo 

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 secretarj', 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 daj^s at a time, ..... 18 

may, by concurrent vote, take a recess of not more than thirty days, . 63 
quorum of, . . . . . . . . . 18, 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 CONSTITUTIOxX. 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 Monda}" 

of November, .......... 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 propo.sition 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, 
procedm-e 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 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 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 pubhcly 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 pubhc 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. 



91 



J. 

Judges, appointment, recall or removal of, not subjects for initiative or referen- 
dum petition, .......... 

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

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

to have honorable salaries established bv standing laws, . 10, 24, 

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

the governor and council, or either branch of legislature, 
not to hold certain other offices, ...... 

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

may administer oaths or affirmations, ..... 

Judicial decision, reversal of a, not a subject for initiative petition, 
Judicial department, not to exercise legislative or executive powers, 
Judicial officers, appointed by the governor with consent of council; nomina- 
tions to be made seven days prior to appointment, 
to hold office during good behavior, except when otherwise provided by 
the constitution, ........ 

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

may be retired on pension by governor with consent of council, for certain 
reasons, .......... 

Jm"y, right of trial by, not a subject for initiative or referendum petition, 
Jury, trial by, right secured, ........ 

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

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

judges may be appointed as, ...... . 



53, 59 
32, 37 

26, 27 

27 
32, 37 
11 
12 
53 
10 

21, 22 

26,27 

26,27 

64 
53 

7 

27 

49 

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 

33 



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 anj- 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 petitioiis, 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 tup: constitution. 



93 



M. 

PAGE 

Magistrates and courts not to demand excessive bail, impose excessive fines, 

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

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

Major generals, elected by senate and house of representatives by concurrent 

vote, ........... 22 

may appoint their aids, ......... 22 

Marriage, divorce and alimony, ........ 27 

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

actual service, subject to, except by authority of legislature, . . 9 

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

Matters, excluded, from initiative and referendum petitions, . . .53, 59 

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

Militia, not to be obliged by commander-in-chief to march out of the limits of 

the state, ........... 21 

captains and subalterns, elected by the train-bands, . . . . 22, 36 

all members of companies may vote, including minors, .... 36 

field officers, elected by captains and subalterns, ..... 22 

brigadiers, elected by field officers, ....... 22 

major generals, elected by senate and house of representatives by concur- 
rent vote, ........... 22 

mode of election of officers to be fixed by standing laws, ... 22 
if electors refuse to elect, governor with advice of council may appoint 

officers, ........... 22 

officers commissioned to command may be removed as may be prescribed 

bylaw, 22,36 

appointment of staff officers, ........ 22 

organization ; divisions, brigades, regiments and companies, . . . 22, 23 

Militia and naval forces, recruitment, etc., of, . . . . . .63 

Militia and naval officers, selection, appointment and removal of, . . 63 

Mineral resources and rights, conservation of, etc., ..... 62 

Minor, in publicly controlled reformatory, etc., not compelled to attend reli- 
gious services, etc., without consent of parent or guardian, . . 52 
Mode of originating initiative petitions, ....... 54 

Mode of petitioning for suspension of a law and a referendum thereon, . 59 

Money, issued from treasury by warrant of governor, etc., .... 23 

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

eight pence per ounce, ........ 33 

borrowed, expenditure of, limited, ....... 65 

borrowed in anticipation of receipts from taxes, when loan shall be paid, 65 

all, received on account of the commonwealth to be paid into the treasury, 65 
bills appropriating, governor may disapprove or reduce any items or parts 

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

certain appropriations of, from treasury of the commonwealth, excluded 

from initiative and referendum petitions, ..... 53, 59 

bills to originate in the house of representatives, ..... 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, pro.secutions 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 



PAGE 

Officers of the militia, etc., removal of, . . . . .22, 36, 63 

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

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

Organization of the general court, . . . . . . . . 16, 18 

Organization of the militia and naval forces, ...... 22, 63 

Originating, mode of, initiative petitions, ....... 54 



P. 

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

conviction, ......... 

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

reformatory, etc., attend religious services, etc.. 
Parts of items in bill appropriating money, governor may disapprove or 

reduce, .......... 

Peaceable assembly, the right of, not a subject for initiative or referendum 

petition, .......... 

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

opportunity of religious exerci.ses of his own faith, etc., . 
Pension, retirement of judicial officers upon, ..... 
People, to have the sole right to govern themselves as a free, sovereign and 

independent state, ........ 

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

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

their representatives, and to petition legislature, 
legislative power of the, limitations on, ..... 
submission of constitutional amendments, etc., to the, by popular initia 

tive and referendum, ........ 

Person and property, remedy for injuries to, should be in the laws, 
Petition, right of, ......... . 

initiative and referendum, definition of, mode of originating 

etc., 52, 53, 54, 

Petitions circulated by individuals for hire or reward, under initiative and 

referendum, license to be issued for, . . ... 

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

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

Plurality, of offices, ........... 

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

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

bhnd, 

Political year begins on the first Wednesday of January, 

Poll tax, payment of, as a prerequisite for voting, provision for, annulled, 

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

Popular government, rights of, . . . . 

Popular initiative and referendum, ....... 



21 

52 

66 

53 

52 
64 



53 

56 

7 
8 

59,60 

61 

14,15 

32,37 
42 



52 

38,66 

49 

39 

5,6 

52-62 



96 



INDEX TO THE CONSTITUTION. 



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

taking of land for relieving, ....... 50 

Postmaster may hold state office, ........ 37 

Power to submit constitutional amendments and laws to the people for ap- 
proval or rejection, ......... 52 

Preamble to constitution, . . 3 

Preamble, emergency laws to contain, ....... 58 

President of the senate, choice of, ........ 16 

to preside at joint session of the two houses on proposed constitutional 

amendments, .......... 55 

Press, freedom of the, not a subject for initiative or referendum petition, . 53 
Press, liberty of, essential to the security of freedom, ..... 8 

Private association, etc., not to be given credit of the commonwealth, . . 64 

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

Private property appropriated to public use, right to receive compensation 

for, not a subject for initiative or referendum petition, ... 53 
Private property within public view, advertising on, may be restricted, etc., . 62 
Privileges, no hereditary, ......... 5 

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

registers elected by the people of the several counties, . . .21, 22, 44 

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

Property, right of protection of, ....... . 6 

no initiative or referendum petition contravening protection, . . 53 

income derived from various classes of, rates upon, how levied, . . 50, 51 

of historical or antiquarian interest, preservation of, . . . .63 

Property qualification, may be increased by the legislature, ... 33 

partially abolished, .......... 42 

of governor, annulled, ......... 49 

Propositions, certain, not to be subject of an initiative or referendum pe- 
tition, . . . . . . . . 53, 59 

Prorogation of the general court, . . . . . . 20, 38 

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

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

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

denomination or society, . . . . . . . .51 

Public debts, contraction of, . . . . . . . . . 64, 65 

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

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

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

Public notary (see Notary public). 

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

all persons having the prescribed qualifications equally eligible, . . 6 

Pubhc religious worship, right and duty of, . . . . . 4, 52 

Public trading amendment, so-called, ....... 52 

Public use, right to receive compensation for private property appropriated 

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



INDEX TO THE CONSTITUTION. 



97 



Public use, in necessaries of life, ..... 

in natural resources, . . . ' . 

in historic sites, etc., ...... 

Public ways and places, advertising on, may be restricted, etc., 
Punishments, cruel and unusual, not to be inflicted, . 



PAQC 

52 
62 
63 
62 
9 



Q. 

Quakers may make affirmation. 

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

ture, ..... 

Qualification, property, of governor, abolished, 

partially abolished. 
Qualifications, of a voter, ..... 14, 17, 35, 



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 the 

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 suppress. 
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 



INDEX 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, . . .60, 

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 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-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 money, etc., not to be made 
to found any, ...... 

Religious denominations, equal protection secured to all, ... 5, 39, 
Religious institutions or practices, no measure that relates to, can be made 

subject of initiative petition or referendum, ..... 53, 

Religious sect or denomination, no subordination of one to another to be 

established by law, ......... 5, 

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

etc., not to be compelled to attend against his will, etc.. 
Religious societies, may elect their own pastors or religious teachers, . . 5, 

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

Religious society, appropriation of public money, 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, 

support of the ministry, and erection and repair of houses of worship, 4, 5, 
Remedies by recourse to the law, to be free, complete and prompt. 



50, 



32, 
22 
32^ 



58 
59 
59 
59 
59 
60 
61 

61 
61 
61 
62 

62 

62 

62 

52 

25 
37 
44 
37 
51 



53,59 

52 
51 



59 

39 

52 
39 
39 

52 

51 

4 

39 

7 



INDEX TO THE CONSTITUTION. 



99 



Removal of judges shall not be the subject of an initiative or referendum 
petition, ........... 

Repeal of an emergency law, etc., petition for referendum on, 
Representation, fines upon towns to enforce, ...... 

Representatives (see House of representatives). 

Residence, change of, not to disqualify voter until six months from time of 

removal, etc.. 
Residence qualification, of voters, . . . . . . 14, 17, 

of senators, 
of representatives, 
of governor, 
of lieutenant governor, 
of councillors, . 

of secretary, treasurer, auditor and attorney-general, 
Resolves (see Bills and resolves). 

Resources, natural, of the commonwealth, conservation of. 
Retirement of judicial officers forced, 
Returns of votes, ....... 

Revenue, all, to be paid into the treasury from whatever source collected, 
loan for money borrowed in anticipation of receipts from taxes, provision 
for payment from certain, ....... 

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

of the statutes, several members of general court may receive salary for 

service upon committee for, ... 

Revocation of charters, franchises and acts of incorporation, 

Reward, petitions for, circulation of, under initiative and referendum, to be 

regulated by general court. 
Right of peaceable assembly not a subject for initiative or referendum peti- 
tion, ...... 

Rights, declaration of, . 

certain individual rights as declared in, not 
or referendum petition, 
Rights, water and mineral, the taking of, . 



14, 19, 20 



to be subject of an initiative 



53,59 
60 
17 



48 
35,47 
47 
46 
19 
24 
43 
44 

62 

64 

43,44 

65 

65 
34,37 

67 
64 

61 

53 
4-10 

53 
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, . 
may 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 annually; amended, to be elected biennially, 

governor and at least five councillors, 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 days 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 

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 trj' 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 politic, 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, .......... 4 

of legislature, ........... 11 

of governor, ........... 19 

of lieutenant governor, ......... 24 

Subjects, certain, excluded from initiative or referendum petition, . . 53, 59 

Succession to vacancy in governorship, ...... 24, 25, 63 

Supplementary budgets, governor may recommend, ..... 65 

Supreme judicial court, judges to have honorable salaries fixed by standing 

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

judges to give opinions upon important questions of law, etc., when 
required by either branch of the legislature or by the governor and 
council, ........... 27 

judges not to hold certain other offices, . . . . . . 32, 37 

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

Suspension of laws, . . . . . , . . . . 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 laws enacted by 
the people, etc., ........ 

Taxes, not to be levied without the consent of the people or their representa^ 
fives, .......... 

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 
16,66 
19,66 
24,66 
25,66 
43,66 
27,35 
26,27 
26,66 

26 

65 
36 
10 



INDEX TO THE CONSTITUTION, 



103 



PAQB 

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 monej's raised by taxation, ... 51 
may provide food and shelter 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 years, . . . . . . . . 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 money 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. 



PAQB 



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 monej' 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 

Y. 

Vacancy in office of governor, powers to be exercised by lieutenant gov- 
ernor, ........... 24 

Vacancy in offices of both governor and lieutenant governor, powers 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 legi.slature 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 people, .... 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 

PAGE 

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 years of age, who have resided in the state one 
j'ear, and within the town or district six months, who have paid a 
state or county tax within two j'ears 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 apportionment of senators, . . . . . . . 46, 47 

census of, to be taken in 1865, and every tenth year after, . . . 45, 46 

referendum to, on acts and resolves of the general court (annulled), . 50 

specified number 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 secretary 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 time, 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. 

PAGE 

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 



ACTS AND RESOLVES 

OF 

MASSACHUSETTS 

1922 



^)C^ The General Court, which was chosen November 2, 1920, assembled 
on Wednesday, the fourth day of January, 1922, for its second annual 
session. 

His Excellency Channing H. Cox and His Honor Alvan T. Fuller 
continued to serve as Governor and Lieutenant-Governor, respectively, for 
the political year of 1922. 



ACTS. 



An Act authorizing the selectmen of the town of Chap. 1 

LEXINGTON TO ACT AS A BOARD OF PUBLIC WORKS EXER- 
CISING THE POWERS OF CERTAIN OTHER BOARDS AND 
TOWN OFFICERS. 

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

Section 1. The board of selectmen of the town of Lex- Selectmen of 
ington, as constituted from time to time, from and after the ton to°ac^^as"f' 
annual meeting held following the acceptance of this act, shall ^°rk^ and^ex-" 
also be a board of public works, and in said capacity shall and^'dutirs^of 
have and exercise, under the designation of selectmen, all certain other 

, 1 1 • p • • 11 boards and 

the powers and duties now or from time to time vested by town officers. 

general law in the following boards and officers in said town, 

to wit : — the road commissioners, overseers of the poor, 

water and sewer commissioners, park commissioners, board 

of health, board of survey, and tree warden, and such boards 

and officers shall thereupon be abolished. No contracts or 

liabilities then in force shall be affected by such abolition, 

but the selectmen, acting as said board, shall in all respects 

be the lawful successor of the boards and officers so abolished. 

At the first annual meeting of the town held after said ac- Number of 

ceptance, the number of the selectmen shall be increased to ifelncTeMed, 

five, subject to change, however, as provided by chapter ^'^^ 

forty-one of the General Laws. Such increase shall be effected 

by electing at said annual meeting one selectman for one 

year, one for two years and one for three years; and at each 

annual meeting thereafter the town shall elect their successor 

or successors for terms of three years. 

Section 2. The selectmen shall appoint, and fix the com- superintendent 
pensation of, a superintendent of public works, who shall ad- app^ntmrnt,''^' 
minister, under the supervision and direction of the selectmen, qu'^HScf^ons,' 
such departments of the town as the selectmen may desig- 1°^'^''^' '^'^^^^^' 



4 Acts, 1922. —Chap. 1. 

nate. He shall be responsible for the efficient administration 
of all departments within the scope of his duty, and shall 
hold office subject to the will of the selectmen. He shall be 
specially fitted by education, training, and experience to per- 
form the duties of said office, and may or may not be a resi- 
dent of the town. During his tenure he shall hold no other 
elective or appointive office, nor shall he be engaged in any 
other business or occupation. He shall give bond to the 
town for the faithful performance of his duties in such sum, 
upon such conditions and with such surety or sureties as the 
selectmen may require, and shall, subject to the approval of 
the selectmen, appoint such assistants, agents and employees 
as the performance of the duties of the various departments 
under his supervision may require. He shall keep full and 
complete records of the doings of his office, and render to the 
selectmen as often as they may require, a full report of all 
operations under his control during the period reported upon ; 
and annually, or from time to time as required by the select- 
men, he shall make a synopsis of all such reports for publica- 
tion. He shall keep the selectmen fully advised as to the 
needs of the town within the scope of his duties, and shall 
furnish to the selectmen on or before January fifteenth in 
each year, a carefully prepared and detailed estimate in 
writing of the appropriations required during the ensuing 
fiscal year for the proper conduct of all departments of the 
town under his super\-ision. 
Appointment Section 3. The acccptaucc of this act shall have the 
selectmen upon effcct of a vote by the town, under section twenty-one of said 
acceptance of ^j^j^p^gj. forty-ouc, that asscssors be appointed by the select- 
men. 
Town may Section 4. lu accordaucc with the provisions of section 

taken under tweuty-threc of Said chapter forty-one, the said town at any 
time after three years following the acceptance of this act, 
may rescind, in whole or in part, all action taken under its 
provisions. 
Time of taking Section 5. For the purpose of its submission to the 
sion^o^votTrs' votcrs, tWs act shall take effect upon its passage; but it shall 
not take further effect unless accepted by a majority of the 
voters of said town, present and voting thereon at a meeting 
called for the purpose not later than twenty days before the 
annual town meeting. Approved January 19, 1922. 



etc 



Acts, 1922. — Chaps. 2, 3. 



Ax Act validating certain acts of the town of Chap. 

(iREENFIELD. 

Be it enacted, etc., a^' folio its: 
Section 1. The vote of the inhabitants of the town of 7°"^'"°',, 

, •iiiTiTi 1 ijreennela, 

GreenneUi, at the annual to^^'n meeting held JNIarch second, certain acts 
nineteen hundred and fourteen, to accept chapter eight hun- 
dred and se\'en of the acts of nineteen hundred and thirteen 
is hereby ratified and confirmed and shall have the same force 
and effect as if all the requirements of law as to canvassing, 
posting and recording the same had been complied with. 

Section 2. The vote of the inhabitants of said town, at Same subject. 
the annual tovm meeting held March seventh, nineteen hun- 
dred and twenty-one and by adjournment ]\Iarch twelfth, 
nineteen hundred and twenty-one, to borrow the sum of 
forty-five thousand dollars in order to provide for an appro- 
priation of said sum made at said meeting for the purpose of 
erecting and equipping an isolation hospital, is hereby ratified 
and confirmed and shall have the same force and effect as if 
all the requirements of law as to said vote and the record 
thereof had been complied with. 

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

Approved January 20, 1922. 



An Act authorizing the city of fitchburg to borrow (JJidr) 3 

MONEY FOR SCHOOL PURPOSES. 

Be it enacted, etc., as follows. • 

Section 1. For the purpose of constructing a school P'*^-^' °^^.'*^^" 
building and originally equipping and furnishing the same, row money for 
the city of Fitchburg may, from time to time, borrow such ^° °° '^"'"p°*'®^' 
sums as may be necessary not exceeding, in the aggregate, 
two hundred and twenty-five thousand dollars and may issue 
bonds or notes therefor which shall bear on their face the 
words, Fitchburg School Loan, Act of 1922. Each authorized Fitchburg 

. Ill • 1 Till- 1 School Loan, 

issue shall constitute a separate loan. Indebtedness incurred Act of 1922. 
under this act shall be in excess of the statutory limit, but 
shall, except as provided in this act, be subject to chapter 
forty-four of the General Laws. 
Section 2. This act shall take effect upon its passage. 

Approved January 25, 1922. 



Acts, 1922. —Chaps. 4, 5, 6. 



Chap. 4 An Act authorizing the election of lewis h. jones 

TO MEMBERSHIP IN THE HAVERHILL FIRE DEPARTMENT. 

Be it enacted, etc., as follows: 

Section 1. The board of engineers of the fire department 
of the city of HaA'erhill may elect Lewis H. Jones a member 
of said department Avithout examination and certification 
under chapter thirty-one of the General Laws, and thereupon 
he shall have the same rating and rights as to retirement and 
pension as if he had become a member thereof September 
thirtieth, nineteen hundred and eighteen. 

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

Approved January 21, 1922. 



Haverhill fire 
department, 
election of 
Lewis H. Jones 
to member- 
ship, etc. 



City of Pitts- 
field may pay 
sum of money 
to widow of 
Edward F. 
Payne. 



To be sub- 
mitted to city 
council, etc. 

Proviso. 



Chap. 5 An Act altthorizing the city of pittsfield to pay a 

SUM of MONEY TO AGNES PAYNE, WIDOW OF EDWARD F. 
PAYNE. 

Be it enacted, etc., as follows: 

Section 1. The city of Pittsfield may pay to Agnes 
Payne, the widow of Edward F. Pajme, late a member of its 
fire department, the balance of the salary which he would 
have received had he li\ed and served as such until the end 
of the year nineteen hundred and twenty-one. 

Section 2. This act shall take efi^ect upon its acceptance 
by vote of the city council of said city, subject to the pro- 
visions of its charter; provided, that such acceptance occurs 
prior to December thirty-first in the current year. 

Approved January 27, 1922. 

Chap. 6 An Act providing for the appointment and removal 

OF DEPUTY ASSESSORS IN THE CITY OF BOSTON IN AC- 
CORD.ANCE with the laws AND RULES GOVERNING THE 
CLASSIFIED CIVIL SERVICE OF THE COMMONWEALTH. 

Be it enacted, etc., as follows: 

Section I. Chapter ninety-three of the Special Acts of 
nineteen hundred and eighteen, as amended by chapter 
ninety-two of the acts of nineteen hundred and twenty, is 
hereby further amended by striking out section three and 
inserting in place thereof the folloA\ing: — Section 3. The 
of Boston, civil mavor shall also appoint for an indeterminate term, under 

service appoint- , ', , , ^ ' . , , .,,,.., . „ , 

ment, salary, tlic Jaws and Tulcs goveriimg the classmed cnil service or the 
commonwealth, five deputy assessors and such appointees 



1918, 93 (S), S 3, 
etc., amended. 



Deputy as- 
sessors of city 



Acts, 1922. — Chaps. 7, 8. 7 

shall hold office in accordance Avith such laws and rules. Ap- 
pointments to fill vacancies shall be nuide in like manner. 
Each deputy assessor shall receive an annual salary of four 
thousand dollars and shall perform such duties as the board 
of assessors may prescribe. 

Section 2. Notwithstanding the passage of this act, Present 
every person holding the position of deputy assessor in the sessors to con- 
city of Boston at the time of its passage shall continue to office, etc.'' 
hold office without taking any ci\il service examination and 
shall thereafter hold office in accordance with and subject to 
the laws and rules governing the classified civil ser\ice of the 
commonwealth. 

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

Approved January 30, 1922. 

An Act authorizing the town of Warwick to incur CJiap. 7 

INDEBTEDNESS FOR REPAIRING THE TOWN HALL. 

Be it enacted, etc., as folio ws: 
Section 1. The town of Warwick may, for the purpose Town of 

» ... 1 11 1 , !• • Warwick may 

ot repairing its town riaii, borrow a sum not exceeding m borrow money 
the aggregate two thousand dollars, and may issue bonds town hai?"^ 
or notes therefor which shall bear on their face the words, 
Warwick Town Hall Loan, Act of 1922. Each authorized HairLoa^ Tt 
issue shall constitute a separate loan, and shall be payable in of i922. 
not more than four years from its date. Indebtedness in- 
curred under this act shall, except as provided herein, be 
subject to chapter forty-four of the General Laws. 
Section 2. This act shall take effect upon its passage. 

Approved January 30, 1922. 

An Act relative to^ the time of payment of compen- Chap. 8 

SATION FOR TRAVEL TO DOORKEEPERS, MESSENGERS AND 
certain OTHER EMPLOYEES OF THE SERGEANT-AT-ARMS OF 
THE GENERAL COURT. 

Be it enacted, etc., as folloivs: 

Section twenty of chapter three of the General Laws, as g. l. 3. § 20, 
amended by section two of chapter four hundred and ninety- ^ ^" ^™^° 
eight of the acts of nineteen hundred and twenty-one, is 
hereby further amended by adding at the end thereof the 
following: — Pajnients to persons authorized to receive com- 
pensation under this section shall be made from the treasury 
of the commonwealth in anticipation of an appropriation, 



8 



Acts, 1922. — Chaps. 9, 10. 



Travel com- 
pensation of 
certain legisla- 
tive employees. 



Time of 
payment. 



in the month of January of each year, upon the certificate of 
the sergeant-at-arms approved by the president of the senate 
and the speaker of the house of representatives, — so as to 
read as follows : — Section 20. Doorkeepers, assistant door- 
keepers, messengers and pages, the postmaster and assistant 
postmaster, and the clerk, assistant clerk and other assistants 
in the legislative document room shall each receive for each 
annual session three dollars and sixty cents for every mile 
of ordinary traveling distance from their places of abode to 
the place of the sitting of the general com-t. Payments to 
persons authorized to recei\'e compensation under this sec- 
tion shall be made from the treasury of the commonwealth 
in anticipation of an appropriation, in the month of January 
of each year, upon the certificate of the sergeant-at-arms ap- 
proved by the president of the senate and the speaker of the 
house of representatives. Approved January SO, 1922. 



Chap. 9 An Act exempting certain officers and inspectors 

OF THE department OF PUBLIC SAFETY FROM GIVING 
BONDS. 

Be it enacted, etc., as follows: 

Chapter twenty-two of the General Laws is hereby amended 
by striking out section eight and inserting in place thereof 
the following: — Section 8. Each officer or inspector shall, 
before entering upon the performance of his duties, be sworn 
to the faithful performance thereof, and unless his oath of 
office is taken within ten days after the date of his appoint- 
ment, the appointment shall be void. 

Approved February 1, 1922. 



G. L. 22, § 
amended. 



Officers, etc., 
of department 
of public 
safety to be 
sworn, etc. 



G. L. 29, § 34, 
amended. 



Chap. 10 An Act authorizing the treasurer and receiver gen- 
eral TO MAKE DEPOSITS IN THE CITY OF NEW YORK TO 
MEET OBLIGATIONS PAYABLE IN THAT CITY. 

Be it enacted, etc., as follows: 

Section thirty-four of chapter twenty-nine of the General 
Laws is hereby amended by inserting after the word 
"capital", in the sixth line the following: — For the purpose 
of paying the principal or interest due on any bond, note or 
other obligation of the commonwealth, which is payable in 
the city of New York, he may keep on deposit in any national 
bank or trust company in said city, approved for the purpose 
by the governor and comicil, a sum not exceeding in the 



Acts, 1922. —Chap. 11. 9 

aggregate twenty-five thousand dollars, provided that for a 
period of two weeks prior to the date of any such pajonent or 
])a>nnents, said amount may be increased by a sum or sums 
sufficient to cover the same, — so as to read as follows: — 
Section -U. The state treasurer mav deposit any portion of Deposit of 

, , ,/ • 1 • • "• 1 ,-111 public moneys 

the public moneys ni ms possession in such national banks, iiy state 
or trust comjianies, lawfully doing business in the common- 
wealth, as shall be approved at least once in three months 
b>' the governor and council; but the amount deposited in 
any one bank or trust com])any shall not at any one time 
exceed forty per cent of its paid up capital. For the purpose Certain de^ 
of paA-ing the principal or interest due on any bond, note or New^wk!*^ " 
other obligation of the commonwealth, which is payable in authorized, 
the city of New York, he may keep on deposit in any national 
bank or trust company in said city, approved for the purpose 
by the governor and council, a sum not exceeding in the 
aggregate twenty-five thousand dollars, provided that for a Proviso, 
period of two weeks prior to the date of any such payment 
or payments, said amount may be increased by a sum or 
sums sufficient to cover the same. A state treasurer making Penalty for 

1 •■• •!.• j?j^i^ • •• 1111 violation, etc. 

any deposit m violation or the loregomg provision shall be 
deemed guilty of misconduct and maladministration in his 
office within the meaning of the constitution; and any bank 
or trust company receiving any deposit in violation thereof 
shall be disqualified from receiving said moneys for the period 
of three years from the date of said deposit. All interest re- 
ceived on any deposits under this section shall be paid to 
the commonwealth. Approved February 1, 1922. 

An Act authorizing the city of Cambridge to pay a Chap. 11 

Stnvi OF MONEY TO THE WIDOW OF JAMES T. McCABE. 

Be it enacted, etc., as follows: 

Section 1. The city of Cambridge may pay to Louisa cityofCam- 
McCabe, widow of Janies T. McCabe, a sum of money equal pay sum o^ 
to the amount of salary to which said James T. McCabe wkio^of°jamea 
would have been entitled as a captain in its fire department, t. McCabe. 
had he lived and served in said capacity until March thirty- 
first, nineteen hundred and twenty-two. 

Section 2. This act shall take effect upon its acceptance to be sub- 
by vote of the city council of said city, subject to the pro- ™uncn,*et^!*^ 
visions of its charter; provided, that such acceptance occurs Proviso. 
prior to December thirty-first in the current year. 

Approved February 1, 1922. 



10 



Acts, 1922. — Chaps. 12, 13. 



Town of 
South Hadley 
may borrow 
money for 
bridge pur- 
poses. 



Chap. 12 An Act authorizing the town op south h.vdley to 

BORROW MONEY FOR BRIDGE PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of reconstructing that portion 
of the bridge across the Connecticut river between Holyoke 
and South Hadley, which is to be maintained by the town of 
South Hadley in accordance with a decree of the supreme 
judicial court, or to meet a temporary emergency loan made 
for the purpose, the town of South Hadley may borrow a sum 
of money not exceeding twenty-two thousand dollars, and 
may issue bonds or notes therefor which shall bear on their 
face the words, South Hadley Bridge Loan, Act of 1922. 
Each authorized issue shall constitute a separate loan, and 
shall be payable in not more than ten years. Indebtedness 
incurred under this act shall, except as herein provided, be 
in accordance with chapter forty-four of the General Laws. 

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

Approved February 3, 1922. 



South Hadley 
Bridge Loan, 
Act of 1922. 



Chap. 13 An Act constituting a special commission to provide 

FOR CLEARING THE WOODS OF THE METROPOLITAN PARKS 
OF FALLEN TREES AND BROKEN LIMBS AND BRANCHES, 
AND MAKING AN APPROPRIATION THEREFOR. 

Be it enacted, etc., as follows: 

Section L The commissioner of the metropolitan district 
commission, the commissioner of conservation, the commis- 
sioner of public welfare, the state commander of The American 
Legion and a person designated by the governor, who shall 
be the chairman of the Massachusetts committee to promote 
work, are hereby constituted a special commission for the 
purpose of clearing the forests of the metropolitan parks of 
fallen trees and broken limbs and branches. It may employ 
such persons as may be necessary for said purposes and fix 
their compensation. The work hereby authorized shall be 
done under the immediate supervision of the metropolitan 
district commission. Persons employed hereunder shall not 
be subject to civil ser\'ice laws or the rules and regulations 
made thereunder, except that only American citizens shall 
be employed by said special commission. The members of 
said special commission shall serve without compensation 
and shall continue in office until the first of December in 



Special com- 
mission to pro- 
vide for clear- 
ing woods of 
metropolitan 
parks of fallen 
trees and bro- 
ken limbs and 
branches, es- 
tablishment, 
etc. 



Supervision of 
work by metro- 
politan district 
commission. 
Employees not 
subject to civil 
^service, etc. 



Acts, 1922. —Chap. 14. 11 

tlie current year, unless sooner relieved of duty by the 
governor. 

Section 2. To provide for the expenditures herein au- Appropriation. 
thorized there is hereby appropriated the sum of fifty thou- 
sand dollars, of which twenty-five thousand dollars shall be 
paid from the general fund or ordinary re\'enue of the com- 
monwealth, and twenty-five thousand dollars shall be paid 
from the Metropolitan Parks Maintenance Fund and be ^ 

assessed upon the cities and towns of the metropolitan parks 
district, in accordance with the law relative to assessments 
for the maintenance of metropolitan parks. 

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

Approved February 3, 1922. 

An Act relative to the disposal of moneys received (jfiQ^jj j^ 

BY THE metropolitan DISTRICT COMMISSION ON ACCOUNT 
OF BUNKER HILL MONUMENT. 

Be it enacted, etc., as folloivs: 

Section forty-eight of chapter ninety-two of the General ^Q^^^fg^jj ^ *^' 
Laws is hereby amended by adding at the end thereof the 
follo\nng : — This section shall not apply to any moneys 
received by the commission from admissions, souvenir privi- 
leges or from any other source, in connection with the Bunker 
Hill monument; but all moneys so received shall be paid 
into the general revenue of the commonwealth, — so as to 
read as follows : — Section 48. All sums of money collected £rta°rmoneys 
or received by the commission in the exercise of its functions received by 

. '' , i-iT metropolitan 

m relation to reservations or boulevards, including current district com- 
receipts from the bath houses and sums received in the exer- 
cise of said functions for rentals, sales or use of property 
under its charge, and all fines recovered for violation of rules 
and regulations made by the commission, or for violation of 
the laws of the commonwealth within the limits of said reser- 
\'ations or boulevards, shall be accounted for and paid to the 
state treasurer, who shall receive the same and hold and in- 
vest the same, together with money collected or received by 
him in payment of betterments assessed by the commission 
in its exercise of said functions, as a fund known as the 
Metropolitan Parks Expense Fund. The commission may 
expend said fund and any proceeds therefrom for the main- 
tenance and improvement of the reservations and boulevards 
under its care, in addition to any loans or appropriations au- 
thorized for such purposes. This section shall not apply to Disposal of 



12 



Acts, 1922. —Chaps. 15, 16, 17. 



received on 
account of 
Bunker Hill 
monument. 



any moneys received by the commission from admissions, 
souvenir privileges or from any other source, in connection 
with the Bunker Hill monument ; but all moneys so received 
shall be paid into the general re\'enue of the commonwealth. 

Approved February 3, 1922. 



Chap. 15 An Act relative to appropriations for the mainte- 

N.ANCE OF THE STATE LIBRARY. 



G. L. 6, § 
amended. 



36, 



State library, 
appropriations 
for main- 
tenance. 



Be it enacted, etc., as follows: 

Chapter six of the General Laws is hereby amended by 
striking out section thirty-six and inserting in place thereof 
the following : — Section 36. The trustees of the state library 
may ex])end such sums annually as the general court may 
appropriate for permanent assistants and clerks, for books, 
maps, papers, periodicals and other material for the library 
and for binding the same and for incidental expenses in- 
cluding binding their report. 

Approved February 3, 1922. 



Chap, 16 An Act authorizing the city of haverhill to pension 

HARRY L. COOK. 

Be it enacted, etc., as folhws: 

Section 1. The city of Haverhill may retire Harry L. 
Cook, the present janitor of its city hall, on an annual pension 
equal to one half his present annual compensation. 

Section 2. This act shall take effect upon its acceptance 
by the municipal council of said city, subject to the provisions 
of its charter; provided, that such acceptance occurs prior to 
December thirty-first in the current year. 

Approved February 3, 1922. 



City of Haver- 
hill may 
pension Harry 
L. Cook. 

To be sub- 
mitted to mu- 
nicipal council, 
etc. 
Proviso. 



Chap. 17 An Act relative to the grading, storage and sale 

of fresh food fish. 

Be it enacted, etc., as follows: 

Section 1. Chapter ninety-four of the General Laws is 
hereby amended by striking out section seventy-four and in- 
serting in place thereof the following: — Section 74- All fresh 
food fish before being offered for sale or placed in cold storage 
shall be graded as follows: — 

First grade fish. Only fish known in the trade as "new 
fish." 



G. L. 94, § 74, 
amende<l. 



Fish to be 
graded, etc. 



First grade fish. 



Acts, 1922. — Chap. 18. 13 

Second grade fish. All other fish in suitable condition to Second grade 
be off'ered for sale as fresh fish. 

Third grade fish. Fish suitable only for splitting and JJjj"' ^'■^'^® 
salting or otherwise preserA-ing, but not suitable for sale as 
fresh fish. 

First grade fish shall be sold as "number one fish", "shore Designations 
fish", or under any other truthful designation. Second grade to brsoid.'' 
fish shall be sold as "number two fish" or "ofi^ shore fish". 
Third grade fish shall be sold as "number three fish". 

No person shall represent, sell, offer for sale or advertise Truthful and 
fresh or frozen fish of any grade under any but the truthful and^ade"tobe 
and correct name and grade or corresponding term for such ^^^ '" ^^^^' 
fish. 

Section 2. Said chapter ninety-four is hereby further g. l. 94, § 76, 
amended by striking out section seventy-six and inserting in ^™^° 
place thereof the following: — Section 76. No person shall ^'j^^^^g^" 
sell or offer or expose for sale at retail, for food, "number sale regulated. 
three fish". "Number three fish" shall be offered, exposed 
for sale or sold only at wholesale and then only for splitting 
and salting or otherwise preserving. 

Approved February 4, 1922. 

An Act to amend the charter of the city of fall QJiap, 18 
river in respect to the inauguration of the city 
government. 

Be it enacted, etc., as follows: 

Section eight of chapter three hundred and ninety-three of g^^'^^^n^^^ 
the acts of nineteen hundred and two, as amended by section 
two of chapter two hundred and twenty-five of the acts of 
nineteen hundred and three, is hereby further amended by 
inserting after the word "January" in the first line the 
words : — , except when said first Monday falls upon a legal 
holiday, in which event upon the following day, — so as to 
read as follows: — Section 8. On the first Monday of Jan- city of Fail 
uary, except when said first Monday falls upon a legal holiday, mtlon of'cit^^' 
in which event upon the following day, at ten o'clock in the tfm^ete^"*' 
morning, the mayor elect, if any there be, otherwise the 
mayor and aldermen and aldermen elect shall meet, and the 
mayor elect and aldermen elect shall be sworn to the faithful 
performance of their duties. At any time thereafter the oath 
may be administered to the mayor elect or to any alderman 
elect who was absent or was not then elected. After the 
mayor elect and the aldermen elect, or a majority thereof. 



14 



Acts, 1922. —Chap. 19. 



have been sworn the board of aldermen shall be called 
together by the mayor, and a president and vice president 
shall forthwith be elected from the board, in the order named. 
The mayor shall preside pending the election of a president, 
who, when elected, shall preside during the election of a vice 
president. No other business shall be transacted by the 
aldermen until the officers aforesaid have been elected. The 
city clerk shall be clerk of the board of aldermen. 

Approved February 4, 1922. 



Chap. 19 An Act authorizing the town of Greenfield to incitr 

INDEBTEDNESS FOR SCHOOLHOUSE PURPOSES AND VALI- 
DATING A VOTE OF THE TOWN OF GREENFIELD PASSED 
AT A SPECIAL MEETING. 

Be it enacted, etc., as follotos: 

Section 1. For the purpose of constructing a high school 
building on land owned by the town, the town of Greenfield 
may borrow from time to time such sums as may be necessary, 
not exceeding, in the aggregate, four hundred thousand dol- 
lars, of which amount two hundred thousand shall be outside 
the debt limit, and may issue bonds or notes therefor, which 
shall bear on their face the words, Greenfield School Loan, 
Act of 1922. Each authorized issue shall constitute a separate 
loan. Indebtedness incurred under this act shall, except as 
herein provided, be subject to chapter forty-four of the 
General Laws. 

Section 2. The action of the inhabitants of the town of 
Greenfield at a special town meeting held August third, nine- 
teen hundred and twenty-one, in \'oting to borrow the suni 
of four hundred thousand dollars to pro\'ide money to carry 
out a vote of said town at said meeting appropriating said 
sum for the construction of a new high school building upon 
land owned by said town according to plans then and there 
accepted by it, is hereby ratified and confirmed, and shall 
have the same effect and be valid to the same extent as if it 
had been in compliance with section ten of chapter forty-four 
of the General Laws, and as if section one of this act had 
been enacted prior to said vote. 

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

Approved February 4, 1922. 



Town of Green- 
field may bor- 
row money for 
schoolhouse 
purposes. 



Greenfield 
School Loan, 
Act of 1922. 



Certain vote 
of town ratified 
and confirmed. 



Acts, 1922. —Chaps. 20, 21. 15 



An Act authorizing the town of sunderland to incur Chap. 20 

INDEBTEDNESS FOR THE PURPOSE OF ERECTING A SCHOOL- 
HOUSE. 

Be it enacted, etc., (us follows: 

Section 1 . For the purpose of constructing and equipping Town of 
a school building, the town of Sunderland may borrow from may'^borroi 
time to time such sums as may be necessary, not exceeding, ^hJ^fhou^se 
in the aggregate, sixty-five thousand dollars, of which amount pi^rposes. 
fifty thousand dollars shall be outside the debt limit, and 
maj^ issue bonds or notes therefor, which shall bear on their 
face the words, Sunderland Schoolhouse Loan, Act of 1922. Sunderland 

. 1 II • 1 T Schoolhouse 

hach autnonzen issue shall constitute a separate loan. In- i oan, Act of 

1922 

debtedness incurred under this act shall, except as herein 
provided, be subject to chapter forty-four of the General 
Laws. 

Section 2. The vote passed bv the town of Sunderland Certain vote 
at its special meeting held JNovember nineteenth, nineteen idatedand 
hundred and twenty-one, authorizing the borrowing of sixty- 
five thousand dollars for schoolhouse purposes, is hereby 
validated and confirmed, and the town may borrow for the 
said purposes in accordance with the said vote, notwithstand- 
ing that the total amount authorized is in excess of the 
amount which might be borrowed in accordance with general 
laws. 

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

Approved February 4, 1922. 



An Act relative to the approval of expenses of the Chav. 21 

OFFICIALS AND EMPLOYEES OF THE DEPARTMENT OF CORPO- 
RATIONS AND TAXATION. 

Be it enacted, etc., as follows: 

Section five of chapter fourteen of the General Laws is g. l. h, § 5, 
hereby amended by inserting after the word "expenses" in ^^°'^®^- 
the fifth line the following: — , subject to section twenty-five 
of chapter thirty, — and also by striking out, in the sixth 
line, the words "and the governor and council", so as to 
read as follows : — Section 5. The commissioner, his depu- Department of 
ties, directors of divisions, assistants, appraisers, examiners amuLxaUon, 
and clerks, the supervisors of assessors, the assistants to the expe'^n Je^s °/ 
director of the income tax division, and the income tax officials and 

empioyeea. 



16 



Acts, 1922. — Chaps. 22, 23. 



assessors and their deputies, assistants and clerks shall be 
allowed such reasonable and necessary tra\'eling and other 
expenses, subject to section twenty-five of chapter thirty, as 
are approved by the commissioner. 

Approved February 6, 1922. 



G. L. 138, § 54, 
etc., amended. 



Analysis of 
liquor by 
department of 
public health. 



Chap. 22 An Act relative to the analysis of liquors by the 

DEPARTMENT OF PUBLIC HEALTH. 

Be it enacted, etc., as follows: 

Section fifty-four of chapter one hundred and thirty-eight 
of the General Laws, as amended by chapter four hundred 
and ninety-five of the acts of nineteen hundred and twenty- 
one, is hereby further amended by striking out, in the third 
line, the words "a chemical", and inserting in place thereof 
the word: — an, — and also by striking out, in the twelfth 
line, the word "chemical", so as to read as follows: — 
Section 54- The analyst or assistant analyst of the depart- 
ment of public health shall upon request make, free of charge, 
an analysis of all liquors sent to it by the licensing board of 
any city, the selectmen of any town, or by police officers or 
other officers authorized by law to make seizures of licjuors, 
if the department is satisfied that the analysis requested is 
to be used in connection with the enforcement of the laws of 
the commonwealth. The said department shall return to 
such licensing board, selectmen, police or other officers, as 
soon as may be, a certificate, signed by the analyst or assistant 
analyst making such analysis, of the percentage of alcohol 
by weight at sixty degrees Fahrenheit which such samples of 
liquor contain. Such certificate shall be prima facie evidence 
of the composition and quality of the liquors to which it re- 
lates, and the court may take judicial notice of the signature 
of the analyst or the assistant analyst, and of the fact that 
he is such. Approved February 8, 1922. 



Chap. 23 An Act authorizing the city of chelsea to pension 

THOMAS B. FROST. 

Be it enacted, etc., as folio ws: 

Section 1. Upon the acceptance of this act, the city of 
Chelsea shall forthwith retire Thomas B. Frost, the present 
city treasurer, on an annual pension equal to one half the 
annual compensation paid him at the time of his retirement. 



City of Chelsea 
may pension 
Thomas B. 
Frost. 



Acts, 1922. — Chap. 24. 17 

Section 2. This act shall take effect upon its acceptance Tobcsub- 

» , . •! I" 1 • 1 • 1 mitted to city 

by vote or the city council or such city, subject to the pro- council, etc. 
visions of its charter; provided, that such acceptance occurs Proviso. 
prior to December thirty-first in the current year. 

Approved February 8, 1922. 

An Act requiring state officers and heads of depart- Chap. 24 

MENTS to submit TO SENATE OR HOUSE COUNSEL DRAFTS 
OF BILLS ACCOMPANYING THEIR ANNUAL REPORTS FOR 
ADVICE ANT) ASSISTANCE AS TO THE FORM THEREOF. 

Be it enacted, etc., a^s follows: 

Section 1. Section fifty-three of chapter three of the g. l. 3, § 53. 
General Laws is hereby amended by adding at the end * ^° ^ ■ 
thereof the following: — They shall advise and assist as to 
the form of drafts of bills submitted to them in accordance 
with section thirty-three of chapter thirty, — • so as to read 
as follows: — Section 53. The said counsel may, from time Cjunseifor 
to time, submit to the general court such proposed changes house! duties, 
and corrections in the general statutes as they deem necessary ^^'^- 
or advisable. They shall, as early as practicable after pro- 
rogation, file in the office of the state secretary a copy of all 
amendments of and additions to the General Laws, which 
shall be open to public inspection. They shall advise and 
assist as to the form of drafts of bills submitted to them in 
accordance with section thirty-three of chapter thirty. 

Section 2. Section thirty-three of chapter thirty of the g. l. 30. § 33. 
General Laws is hereby amended by adding at the end thereof 
the following: — Such drafts of bills shall, seasonably before 
being deposited with the state secretary, be submitted to the 
counsel to the senate or counsel to the house of representatives 
for ad\'ice and assistance as to the form thereof, — so as to 
read as follows : — Section 33. State officers and departments Annual reports 
or heads thereof, except the supervisor, shall annually, on etc^, 'to'^be '^^^^' 
or before the first Wednesday in December, deposit with the St" oflelfsk^ 
state secretary such parts of their annual reports as contain tended"" 
recommendations or suggesticms for legislative action, accom- 
panied by drafts of bills embodying the legislation recom- 
mended; and the state secretary shall forthwith transmit 
them to the general court ; provided, that such recommenda- proviso, 
tions or suggestions for legislative action shall not include 
any requests for appropriations or any matters required to be 
covered by budget estimates submitted to the supervisor 
under section three or four of chapter twenty-nine. Such t^^be^submlued 



18 Acts, 1922. — Chaps. 25, 26. 



to senate or 
house counsel 



drafts of bills shall, seasonably before being deposited with 
for advice, etc. the State Secretary, be submitted to the counsel to the senate 
or counsel to the house of representatives for advice and 
assistance as to the form thereof. 

A2)proved February 8, 1922. 

Chap. 25 An Act amending the charter of the standish monu- 
ment ASSOCIATION. 

Be it enacted, etc., as follows: 

nlw'section*^' Chapter three hundred and thirty-eight of the acts of 
after §2. eighteen hundred and seventy-two, as amended by chapter 

sixty-five of the acts of eighteen hundred and seventy-seven, 
is hereby further amended by adding at the end thereof the 
standish Mon- following: — Sectiofi 3. Said corporation may purchase and 
tion may pur- hold tlic land iu Duxbury on which once stood the house of 
convey c°ertatn Captain Mylcs Staudisli and land contiguous thereto, may 
land, etc. ercct thcrcou a monument or marker and may convey said 

land to the town of Duxbury or to any association or corpo- 
ration, but in no event to the commonwealth of Massa- 
chusetts; and said corporation may provide for suitable care 
of said land and monument by gift or payment of money to 
the said grantee. Approved February 9, 1922. 

Chap. 26 An Act relative to the time during which the polls 

SHALL BE KEPT OPEN AT PRELIMINARY ELECTIONS IN 
the CITY OF LOWELL. 

Be it enacted, etc., as follows: 

i^i'383, §7, Section 1. Section seven of chapter three hundred and 

eighty-three of the acts of nineteen hundred and twenty-one 

is hereby amended by striking out all after the word "shall" 

in the seventeenth line and inserting in place thereof the 

words: — be open during such hours, not less than nine, as 

shall be designated by the election commission, — so as to 

City of Lowell, read as follows : — Section 7. The first city election under 

pre^imina°y^' this act shall bc held on the second Tuesday of December in 

timeof"ho!^ng ^^^ y^^^ nineteen hundred and twenty-one, and thereafter 

etc- city elections shall be held biennially in every odd numbered 

year. On the third Tuesday preceding every election at 

which any office mentioned in this act is to be filled, except 

as otherwise provided herein, there shall be held a preliminary 

election for the purpose of nominating candidates therefor. 

No special electi(m for mayor or any other officer shall be 

held until after the expiration of forty days from the calling 



Acts, 1922. — Chaps. 27, 28. 19 

of a preliminary election therefor, except as otherwise pro- 
vided herein. At every biennial and special election the polls PoiUng hours 
shall be opened at six o'clock in the forenoon, and shall close special eiec- 
not earlier than four o'clock, in the afternoon, and the laws ^'°"'* 
of the commonwealth relative to city elections shall apply 
thereto, except as is otherwise specifically proiided herein. 
At every preliminary election the polls shall be open during At preliminary 
such hours, not less than nine, as shall be designated by the *''«**'°°*'- 
election commission. 

Section 2. This act shall take effect upon its acceptance To be sub- 
by vote of the city council of the city of Lowell, subject to TOuncii, etc! ^ 
the pro\isions of its charter; pro\nded, that such acceptance Proviso. 
occurs prior to December thirty-first in the current year. 

Approved February 9, 1922. 

An Act authorizincx the town of Shrewsbury to Chap. 27 

INCUR indebtedness FOR SCHOOL PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of building a high school sh^^stury 
building in the central part of the town of Shrewsbury, and J^^y ^°Y^^ 
for the purchase of land and the building of new school school pur- 
buildings, or the enlargement of existing school buildings, in 
the west or other parts of said town, and for the purchase of 
furnishings and original equipment for said buildings or 
additions, the town of Shrewsbury may borrow from time to 
time a sum not exceeding in the aggregate two hundred 
thousand dollars, and may issue bonds or notes therefor, 
which shall bear on their face the words, Shrewsbury School fgh^rLoan 
Loan, Act of 1922. Each authorized issue shall constitute Act of 1922. ' 
a separate loan. Indebtedness incurred under this act shall 
be in excess of the statutory limit but shall, except as pro- 
vided herein, be subject to chapter forty-four of the General 
Laws. 

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

Approved February 9, 1922. 

An Act authorizing the borrowing of money by cities (Jhav 28 

TO MEET EXPENDITURES BY CITY OFFICIALS IN ANTICI- 
PATION OF APPROPRIATIONS. 

Be it enacted, etc., as follows: 

Chapter forty-four of the General Laws is hereby amended ^ctiontftTr"^ 
by inserting after section five the following new section: — §5. 



20 



Acts, 1922. — Chaps. 29, 30. 



officials in 
anticipation of 
appropriations. 



borrow'^oney 'S^c/io?? 5 A. To pro\ide the nccessary fuiids to meet liabilities 
to meet expend- authorized bv sectioH thirtv-four, the treasurer of a city, ^\^th 

iturcs Dv citv *■ *' -' «/ ' 

the approval of the official whose approval is required by the 
city charter in the borrowing of money, may borrow on notes 
of the city, dm-ing any one month between the beginning of 
the financial year and the time of passing the re\'enue loan 
order, a sum not exceeding one twelfth of the amount obtained 
by adding the previous year's tax levy to the sum received 
from the commonwealth on account of the income tax diu-ing 
the preceding year. The amount so borrowed shall be deemed 
a part of the amount which may be borrowed under section 
four. The proAisions of city charters relative to loan orders 
shall not otherwise apply to loans issued under this section. 

Apjjroved February 9, 1922. 



CJiap. 29 An Act authorizing the town of wtnchendon to 

BORROW MONEY FOR SEWERAGE PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. Chapter two hundred and forty-five of the 
acts of nineteen hundred and six is hereby amended by 
striking out section six and inserting in place thereof the 
following : ■ — ■ Section 6. For the purpose of paying the nec- 
essary expenses and liabilities incurred under this act, the 
town of Winchendon may borrow from time to time such 
sums as may be necessary, not exceeding in the aggregate 
two hundred thousand dollars, and may issue bonds or notes 
therefor, which shall bear on their face the words, Winchendon 
Sewer Loan. Each authorized issue shall constitute a sepa- 
rate loan. Indebtedness incurred under this act shall be in 
excess of the statutory limit, but, except as provided herein, 
shall be subject to chapter forty-four of the General Laws. 

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

Aiyproved February 9, 1922. 



1906, 245, § 6, 
amended. 



Town of Win- 
chendon may 
borrow money 
for sewerage 
purposes. 



Winchendon 
Sewer Loan. 



Chap. 30 An Act changing the harbor line in boston har- 
bor on the southerly and easterly sides of east 

BOSTON. 

Be it enacted, etc., as follows: 
Harbor lines on SECTION 1. The harbor lines on the northerlv side of 

nortiiGrly side ^ 

of Boston har- Bostou harbor are hereby changed and established as fol- 

and established, lows: — The locatioii of cacli of the angle points in the lines 

hereinafter described is fixed by a distance hereinafter called 



Acts, 1922. - Chap. 30. 21 

longitiulc, in feet from a meridian passing through the center same subject. 
of the apex of the dome of the state house in Boston, and by 
a distance hereinafter called latitude, in feet from a line at 
right angles to said meridian and passing through the said 
center of the apex of the state house dome, and the bearings 
refer to the true meridian passing through center of said apex. 
Beginning at point II in the pierhead line established by the 
secretary of war July twenty-seven, eighteen hundred and 
eighty-nine and located in latitude two thousand one hun- 
dred sixty-seven and five tenths feet north and longitude six 
thousand forty-eight and four tenths feet east; thence thir- 
teen thousand eight hundred ninety-seven and fom* tenths 
feet south, fifty-six degrees, forty-four minutes, four and 
four tenths seconds east to point I in latitude five thousand 
four hundred fifty-five and four tenths feet south and longi- 
tude seventeen thousand six hundred sixty-eight and five 
tenths feet east; thence two thousand six hundred fifty-six 
and nine tenths feet south, seventy-four degrees east to 
point J in latitude six thousand one hundred eighty-seven 
and eight tenths feet south and longitude twenty thousand 
two hundred twenty-two and five tenths feet east; thence 
one thousand six hundred thirt,V-one and two tenths feet 
north, nineteen degrees east to point K in latitude four thou- 
sand six hundred forty-fi\e and four tenths feet south and 
longitude twenty thousand seven hundred fifty-three and 
five tenths feet east; thence ten thousand fourteen feet 
north, forty-nine degrees, fourteen minutes, fifty-five seconds 
west to point L in latitude one thousand eight hundred 
ninety-one and five tenths feet north and longitude thirteen 
thousand one hundred sixty-seven and four tenths feet east; 
thence one thousand two hundred feet north, forty degrees, 
forty-five minutes, five seconds east to point M in latitude 
two thousand eight hundred and six tenths feet north and 
longitude thirteen thousand nine hundred fifty and eight 
tenths feet east; thence seven thousand six hundred feet 
south, forty-nine degrees, fourteen minutes, fifty-five seconds 
east to point N in latitude two thousand one hundred sixty 
and five tenths feet south and longitude nineteen thousand 
seven hundred eight and one tenth feet east; thence one 
thousand seven hundred ninety-nine and nine tenths feet 
south, seventy-four degrees east to point O in latitude two 
thousand six hundred fifty-six and six tenths feet south and 
longitude twenty-one thousand four hundred thirty-eight 
and three tenths feet east; thence two thousand seven hun- 



22 



Acts, 1922. —Chap. 31. 



Same subject. 



Harbor line, 
previously 
established, 
abolished. 



dred feet north, nineteen degrees east to point P in latitude 
one hundred three and seven tenths feet south and longitude 
twenty-two thousand three hundred seventeen and three 
tenths feet east; thence nine thousand six hundred eighty- 
five and two tenths feet north, fifty-six degrees, fifty-nine 
minutes, forty-one seconds west to point Q in latitude five 
thousand one hundred seventy-two feet north and longitude 
fourteen thousand one hundred ninety-five and one tenth 
feet east; thence three hundred fourteen and one tenth feet 
north, twenty-one degrees, six minutes, four and three tenths 
seconds east to point R in the harbor line established by 
chapter two hundred and ninety-three of the acts of eighteen 
hundred and fifty-six in latitude five thousand four hundred 
sixty-five feet north and longitude fourteen thousand three 
hundred eight and two tenths feet east. 

Section 2. The harbor line established by chapter one 
hundred and eleven of the acts of nineteen hundred and 
twenty-one is hereby abolished. 

Approved February 10, 1922. 



Chap. 31 An Act providing for returns to the commissioner 
OF civil service as to the employment of city 

EMPLOYEES SUBJECT TO THE CIVIL SERVICE LAWS AND 
REGULATIONS. 

Be it enacted, etc., as follows: 

Chapter thirty-one of the General Laws is hereby amended 
by striking out section thirty-one and inserting in place 
thereof the following : — Section 31 . The officer or board 
having power in any city to appoint or employ persons in 
any department thereof to which this chapter and the rules 
thereunder apply shall, within seven days after the receipt 
of a written request therefor made by the commissioner, 
make and file with the commissioner and with the auditor or 
officers whose duty it is to audit the accounts of such ap- 
pointing or employing officer or board, a report containing 
the names of all persons who have been appointed or em- 
ployed by such appointing or employing officer or board or 
who have received pay or rendered bills for services or labor 
rendered or performed during the calendar month next pre- 
ceding the date of the filing of such request. Said reports 
shall be made on oath and shall contain the following infor- 
mation: First, name of person appointed or employed, or 
rendering bill for services or labor; second, nature and brief 



G.L. 31, §31, 
amended. 



City officers or 
boards employ- 
ing persons 
under civil 
service laws 
and regulations 
to report to 
commissioner 
of civil service 
and city audit- 
ing officers. 



Acts,, 1922. —Chap, 32. 23 

description of the services or labor which such person has 
actually rendered or performed during said month; third, 
title of the office or employment of such person as stated in 
the pay rolls of the department; fourth, the regular salary 
or wages of the appointee or employee; fifth, all other pay- 
ments of any kind made to the appointee or employee during 
said month; provided, that such appointing or employing Proviso. 
officer or board shall not be required to file in any month 
more than one such report with the commissioner and one 
with the auditor or auditing officers. The reports in the Public inspeo- 
office of the auditor or auditing officers shall be open to ^^o^^ o^ ■"«?«'■*«• 
public inspection. 

The supreme judicial court by mandamus or other ap- Court may 

, . 1 . ' . . . . , . , . compel com- 

propriate remedy m law or ni equity, upon smt or petition piiancewith 
of the commissioner, may compel any such appointing or 
employing officer or board in any city to comply with this 
section. 

Every appointing or employing officer, or in the case of a Penalty, 
board every member thereof, who wilfully refuses to comply 
with this section shall be punished by a fine of not less than 
twenty-five nor more than one hundred dollars. 

Apjjroved February 10, 1922. 

An Act providing for the submission of certain votes Chav 32 

AND MOTIONS FOR REFERENDUM IN THE TOWN OF WIN- 
CHESTER. 

Be it enacted, etc., as folloivs: 

Section 1. At all town meetings and adjournments Town of 
thereof, held in the town of Winchester, except that part of offidaUefieVs 
the annual meeting held for the election of town officers, fngs^^appofnt- 
officers to be appointed for the purpose by the selectmen and ™ent, duties. 
to be known as official tellers, shall attend at the entrance 
or entrances to the place of meeting and shall permit only 
voters of the town to enter. Such officers shall determine by 
the use of check lists, or by other means approved by the 
selectmen, the number of voters admitted to each meeting. 
The official tellers shall forthwith make return in writing to 
the to\\'n clerk under oath, w^hich may be administered by 
the to\^Ti clerk, of the number of voters admitted to each 
meeting and shall file with their return any check list used 
by them. 

Section 2. Any vote passed or motion rejected at any submission of 
original or adjourned town meeting attended by one thousand ^d^motioM^or 

referendum. 



24 



Acts, 1922. — Chap. 32. 



Time of taking 
effect of votes 
subject to 
referendum. 



Provisions of 
act not appli- 
cable to certain 
votes and 
motions. 



Petition for 
referendum. 



Examination 
and certifica- 
tion by town 
clerk. 



Selectmen to 

call special 

town meeting 

etc. 

Vote to be 

taken by 

ballot, etc. 



What votes 
and motions 
to be acted 
upon, etc. 



Votes or mo- 
tions receiving 
majority of 
votes cast 
considered 
ratified, etc. 
Proviso. 



or more voters according to the official tellers' return as filed 
under the preceding section, shall, upon a petition filed under 
section three, be submitted to the voters for ratification or 
determination by official ballot at a subsequent town meeting 
called in the manner prescribed in said section three. No 
vote subject to ratification or determination shall take effect 
until the expiration of five days after the final adjournment 
or dissolution of such meeting, nor, if a petition for ratifica- 
tion has been filed, until such vote shall be ratified in the 
manner hereinafter provided. The provisions of this act shall 
not apply to votes for moderator or for any other town 
officer, to matters required by law to be voted upon by official 
ballot, to votes to incur debt for extreme emergency appro- 
priations under the provisions of section seven of chapter 
forty-four of the General Laws, or to such parliamentary or 
other votes or motions as may be hereafter designated by 
by-law. 

Section 3. If within five days after the final adjourn- 
ment or dissolution of any town meeting, a petition addressed 
to the selectmen shall be filed with the to^\Ti clerk, signed by 
at least one hundred registered voters, requesting that any 
vote or motion subject to ratification or determination and 
passed or rejected at such meeting be submitted to the voters 
of the town for ratification or determination by official ballot, 
then the to\vTi clerk shall forthunth examine said petition, 
and if it is correct shall so certify thereon and transmit the 
same forthwith to the selectmen, who shall thereupon call a 
special town meeting for the sole purpose, except as pro\'ided 
in this section, of submitting such vote or motion for ratifi- 
cation or determination by the voters at large. At such 
special meeting so called a vote shall be taken by official 
ballot and by use of the check list upon the question : " Shall 
the following (vote passed) (motion rejected) at 

the town meeting held on the day of 

nineteen himdred and be (ratified) (passed)? 

Vote 

All other votes passed and motions rejected at the same 
towTi meeting, petitions for the ratification or determination 
of which have been transmitted to the selectmen in accordance 
with this section, shall be acted upon as herein provided at 
such special meeting. Any vote or motion submitted as 
aforesaid, recei\ing a majority of the votes cast thereon, shall 
be considered to be ratified or passed; otherwise such vote 
or motion shall have no force or effect ; pro\'ided, that if any 



Acts, 1922. — Chap. 32. 25 

vote or motion required for its original passage more than a 
majority of the votes cast at any town meeting, then a Hke 
proportion of votes at such special town meeting shall be re- 
quired for ratification or passage. 

Section 4. The selectmen shall prepare ballots to be used prepa^^^baiiots, 
at such special meeting and the conduct of such meeting and o|'s''p^-°"'^"''* 
the time of opening and closing the polls shall be subject to meetings, etc. 
their direction but in accordance with such by-laws as the 
town mav adopt. In case two or more votes passed at a Referendum in 

". , , i-. ,, 1 ,•,• • case of two or 

town meeting relate to one subject-matter, and a petition is more votes 
filed as aforesaid for the ratification of one or more such fo ''one s'^^bj eel- 
votes, the selectmen may in their discretion submit, in addi- '"'^"er. 
tion to those for which petitions are filed, any or all of the 
votes relating to the same subject-matter; and for this 
purpose a vote to borrow mone^^ shall be held to relate to 
the same subject-matter as the vote or votes to appropriate 
the money to be borrowed. 

Section 5. The town clerk shall make a record of the Towncierkto 
official tellers' returns of the number of voters admitted to tellers' returns, 
each meeting in the records of the meeting and shall preser\^e pre'se^'rve copies 
such returns and all check lists filed as aforesaid until at of^petitions. 
least twenty days after the final adjournment or dissolution 
of the town meeting to which they relate or at which they 
were used and they shall be open to public inspection. The 
to\Mi clerk shall also make copies of all petitions, filed as 
aforesaid, exclusive of the names affixed thereto, in the 
records of the meeting for ratification or determination to 
which they relate, and shall preserve such copies for public 
inspection until at least twenty days after the dissolution of 
the meeting for ratification or determination. All records 
made as aforesaid by the town clerk shall have the same legal 
force and effect as other records of proceedings at town 
meetings. ' 

Section 6. This act shall be submitted to the voters of ^^t^'e^^to'^ 
the town of Winchester for their acceptance at the next voters, etc. 
annual meeting in the form of the following question, which 
shall be placed upon the official ballot used for the election 
of town officers: "Shall an act passed by the general court 
in the year nineteen hundred and twenty-two, entitled 'An 
Act proA-iding for the submission of certain votes and motions 
for referendum in the town of Winchester' be accepted?" 
If a majority of the voters voting thereon vote in the affirma- 
tive in answer to such question, thereupon said act shall 
take effect in such town, but not otherwise. 



26 Acts, 1922. — Chaps. 33, 34. 

Time of taking SECTION 7. So much of this act as authorizes its sub- 
mission to the voters of said town for their acceptance shall 
take effect upon its passage. Approved February 10, 1922. 

Chap. 33 An Act authorizing the town of gosnold to erect 

AND MAINTAIN A WHARF AND PUBLIC LANDING. 

Be it enacted, etc., as follows: 

Midm°iy^e°/ect Section 1. The towu of Gosuold may, in accordance 
and maintain a ^^-Jth a liccnsc issucd bv the department of public works, 

wharf and pub- , , . ., i • i i i i 

lie landing. dated April twenty-second, nineteen hundred and twenty- 
one, erect a wharf and public landing on land now owned 
or to be acquired by it and may maintain the same. The 
powers conferred by this act may be exercised by the select- 
men, who shall also have power to make rules and regulations 
governing the use of the said wharf as a public landing. 

money"'^'^'*'' Section 2. For thc purposc of acquiring said land and 

of erecting said wharf, the town of Gosnold may from time 
to time borrow, Mithin the statutory limit of indebtedness, 
such smns as may be necessary not exceeding, in the aggre- 
gate, three thousand dollars, and may issue bonds or notes 

Gosnold Wharf thcrcfor which shall bear on their face the words, Gosnold 

1922"' " ° Wharf Loan, Act of 1922. Each authorized issue shall consti- 
tute a separate loan and such loans shall be payable in not 
more than three years from their dates. Any indebtedness 
incurred under this act shall, except as herein provided, be 
subject to chapter forty-four of the General Laws. 

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

Approved February 11, 1922. 

Chap. 34 An Act providing for the abatement of uncollected 

taxes. 

Be it enacted, etc., as follows: 

M^eiid^wi * ^' Section eight of chapter fifty-eight of the General Laws is 
hereby amended by adding at the end thereof the words: — 
If in the opinion of the commissioner any such taxes should 
be abated, he may at any time after the expiration of said 
three years authorize the assessors, in writing, to abate any 
part or the whole of such taxes, either by items or by abate- 
ment of a sum total, stated in such written authorization. 
The assessors may thereupon make the abatement authorized 
and enter the same in their record of abatements, making 
reference in said record to such authorization as the cause 



Acts, 1922. — Chap. 35. 27 

or reason for th^ abatement, — ^ so as to read as follows: — 

Section S. Whenever it appears to the commissioner that Proceedings 

, , ,, , (• 1 • i> X against certain 

at the end or three years from the commitment or any warrant delinquent tax 
to a collector any taxes upon such warrant remain uncol- ^ 
lected, or if collected have not been turned over to the town 
treasurer, the commissioner shall within one year bring the 
matter to the attention of the attorney general, who may 
bring or cause to be brought an action of contract in the 
name of the town against the collector and upon his bond, 
in the superior coiu't for the county where the town lies. 
Any amount recovered under this section shall be paid into 
the treasury of the town in whose name the action is prose- 
cuted; but all reasonable expenses incurred by the attorney 
general in any such action shall be borne by the town, and 
may be recovered from it by the commonwealth in contract. 
If in the opinion of the commissioner any such taxes should ^n^^^ted"^ 
be abated, he may at any time after the expiration of said taxes. 
three years authorize the assessors, in writing, to abate any 
part or the whole of such taxes, either by items or by abate- 
ment of a sum total, stated in such written authorization. 
The assessors may thereupon make the abatement authorized 
and enter the same in their record of abatements, making 
reference in said record to such authorization as the cause 
or reason for the abatement. Approved February 11, 1922. 

An Act relative to l.\mplighters lighting the l.ajvips (Jhav- 35 

IN THE STREETS, ALLEYS, PUBLIC GROUNDS AND PARKS 
OF THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Section 1. Any person who was engaged in the occupa- Lamplighters 
tion of lamplighter lighting the gas lamps in the streets, !„ stJeet'!""^'' 
alleys, public grounds and parks of the city of Boston, on ground^^e^ti" 
Januarv first, nineteen hundred and twenty-two, and who ofcityof Bos- 
has lost or shall withm nve years from said January nrst appointed to 
lose his position by reason of a change in the street lighting positions with- 
methods employed by the city, may in the discretion of the examlnLtionr^" 
mayor of said city be appointed to a position as laborer or ^*^' 
skilled laborer in the labor service of any department of the 
city for which such lamplighter is qualified and fitted by 
previous training and experience, or subject to the approval 
of said mayor by the head of any such department of said 
city without being subject as to his appointment to civil 
service rules, and without undergoing a civil service exami- 



28 



Acts, 1922. — Chaps. 36, 37. 



To be sub- 
mitted to city 
council, etc. 

Proviso. 



nation, and thereupon he shall be registered upon the list 
in the class to which he has been appointed and shall be 
subject to civil service laws and rules. 

Section 2. This act shall take effect upon its acceptance 
by the city council of said city, subject to the provisions of 
its charter; pro^'ided, such acceptance occurs prior to Decem- 
ber thirty-first in the current yea'r. 

Approved February 11, 1922. 



G. L. 31, § 17, 
amended. 



Chap. 36 An Act giving the commissioner of civil service dis- 

CRETION.\RY AUTHORITY TO ALLOW THE APPOINTMENT OF 
PERSONS CONVICTED OF CERTAIN OFFENCES AGAINST THE 
LAWS RELATIVE TO MOTOR VEHICLES. 

Be it enacted, etc., as follows: 

Section seventeen of chapter thirty-one of the General 
Laws is hereby amended by adding at the end thereof the 
words: — ; pro\'ided, that the commissioner may in his 
discretion authorize the appointment or employment, within 
said year, of a person convicted of a violation of any rule or 
regulation made under section thirty-one of chapter ninety 
or of any of the provisions of said chapter ninety relating 
to motor ^•ehicles except those of sections twenty-three to 
twenty-five, inclusive, — so as to read as follows: — Section 
17. No person habitually using intoxicating liquors to excess 
shall be appointed, employed or retained in any position to 
which this chapter applies, nor shall any person be appointed 
or employed in any such position within one year after his 
conviction of any crime against the laws of the common- 
wealth; pro\ided, that the commissioner may in his dis- 
cretion authorize the appointment or employment, within 
said year, of a person convicted of a violation of any rule or 
regulation made under section thirty-one of chapter ninety 
or of any of the provisions of said chapter ninety relating to 
motor vehicles except those of sections twenty-three to 
twenty-five, inclusive. Approved February 11, 1922. 



Certain per- 
sons ineligible 
for appoint- 
ment under 
civil service 
laws, etc. 



Proviso as to 
persons con- 
victed of cer- 
tain offences 
against motor 
vehicle laws. 



Chap. 37 An Act establishing harbor lines in weymouth fore 

RIVER ABOVE QUINCY POINT BRIDGE. 

Be it enacted, etc., as follows: 
Harbor lines Harbor liucs OR the easterly side of Weymouth Fore river 

on easterly side . . . n i i i i i- i i 

of Weymouth abovc Quiucy Poiut bridge, so-called, are hereby established 
above Quincy as f ollows : Beginning at a point on the southerly side of the 

established. 



Acts, 1922. —Chap. 37. 29 

Quincy Point bridge, so-called, in latitude forty-two degrees, Same subject. 
fourteen minutes, forty and four tenths seconds north, and 
longitude seventy degrees, fifty-eight minutes, eighty-nine 
hundredths seconds west, thence south fifteen degrees, one 
minute, thirteen seconds west three hundred thirty-nine and 
six tenths feet to a point in latitude forty-two degrees, four- 
teen minutes, thirty-seven and sixteen hundredths seconds 
north and longitude seventy degrees, fift>'-eight minutes, 
two and six hundredths seconds W'est; thence south four 
degrees, seven minutes, twenty-one seconds w^est, one thou- 
sand four hundred eighty-five and eighty-four hundredths 
feet to a point in latitude forty-two degrees, fourteen minutes, 
twenty-two and fifty-two hundredths seconds north, and 
longitude seventy degrees, fifty-eight minutes, three and 
forty-eight hundredths seconds west; thence south seventy- 
four degrees, twenty-nine minutes, fifty-tlii'ee seconds east 
one thousand, two hundred and six tenths feet to a point in 
latitude forty-two degrees, fourteen minutes, nineteen and 
thirty-five hundredths seconds north, and longitude seventy 
degrees, fifty -seven minutes, forty-eight and one tenth seconds 
west; thence north eighty-five degrees, twenty-one minutes, 
twenty-six seconds east, one thousand, thi-ee hundred eighty- 
eight and sixty-nine hundredths feet to a point in latitude 
forty-two degrees, fourteen minutes, twenty and forty-six 
hundredths seconds north, and longitude seventy degrees, 
fifty-seven minutes, twenty-nine and seven tenths seconds 
west; thence south sixty degrees, fifty-seven minutes, fifty- 
nine seconds east eight hundred eight and five tenths feet 
to a point in latitude forty-two degrees, fourteen minutes, 
sixteen and fifty-eight hundredths seconds north and longi- 
tude seventy degrees, fifty-seven minutes, twenty and three 
tenths seconds west; thence south twenty-nine degrees, two 
minutes, seven and three tenths seconds west two thousand, 
two hundred ninety and fifty-four hundredths feet to a point 
at the northwest corner of a small wooden pier called the 
Idlewild Recreation Pier, in latitude forty-two degrees, 
thirteen minutes, fifty-six and eight tenths seconds north 
and longitude seventy degrees, fifty-seven minutes, thirty- 
five and eight hundredths seconds west. 

The bearings and geographical positions used in the fore- Basisfor 
going description are based on the elements of Clarke's ha?bo?iinea° 
spheroid and the astronomical data adopted by the United 
States Coast and Geodetic Survey in the year eighteen hun- 
dred and eighty. 



30 



Acts, 1922. — Chaps. 38, 39. 



Harbor line, 
previously 
established, 
abolished. 



The line hereby estabhshed supersedes the line on the 
easterly or Wejanouth side of the river established by. chapter 
two hundred and eighty of the General Acts of nineteen 
hundred and sixteen, which is hereby abolished. 

Approved February 11, 1922. 



Chap. 38 An Act extending the provisions of the civil service 

LAWS TO THE CHIEF OF THE FIRE DEPARTMENT OF THE 
TOW^N OF DEDHAM. 

Be it enacted, etc., as follows: 

Section 1. The pro\'isions of chapter thirty-one of the 
General Laws and the rules and regulations made there- 
under relating to permanent members of fire departments of 
towns shall hereafter apply to the chief of the fire depart- 
ment in the town of Dedham. 

Section 2. This act shall be submitted to the voters of 
said town at the annual meeting in the current year and shall 
take effect upon its acceptance by a majority of the voters 
voting thereon. 

Section 3. For the purpose of authorizing its submission 
to the voters of said town, this act shall take effect upon its 
passage. Approved February 13, 1922. 



Town of 
Dedham, civil 
service laws 
extended to 
chief of fire 
department. 



To be sub- 
mitted to 
voters, etc. 



Time of taking 
effect, etc. 



Chap. 39 An Act authorizing the town of falmouth to make a 

WATER MAIN EXTENSION AND PROVIDING FOR THE PAY- 
MENT THEREOF. 

Be it enacted, etc., as follows: 

TownofFai- SECTION 1. For the purposc of pacing the expense of 
make a water making a lurthcr extension or its water mains m hast x' al- 
and provide for moutli aiid tlirough the ^iIlage of Da\'is\Tille, the town of 
thereof"*^ Falmoutli may borrow such sums as may be necessary not 

exceeding twenty thousand dollars, and may issue notes or 
bonds therefor. Each authorized issue shall constitute a 
separate loan, and such loans shall be payable within fifteen 
years from their dates. Indebtedness incurred under this 
act shall, except as provided herein, be subject to chapter 
forty-four of the General Laws. 

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

Approved February I4, 1922. 



Acts, 1922. —Chaps. 40, 41. 31 



An Act relative to the repeal or modification of QJiaj) 40 

ORDINANCES OR BY-LAWS REGULATING THE CONSTRUC- 
TION AND X^SE OF BUILDINGS IN CITIES AND TOWNS. 

Be it enacted, etc., as follows: 

Section thirty of chapter forty of the General Laws is g. l. 40, §30. 
hereby amended by striking out, in the seventh Hne, the *'"''"''*''^- 
words "the city council" and inserting in place thereof the 
words : — a city council of less than ten members or by a 
three fourths vote of all the members of a city council of 
ten or more members, — so as to read as follows: — Section Repeal or 
SO. No ordinance or by-law enacted under section twenty- ^dfnances°or°^ 
five shall be repealed or modified except after reasonable hfg prrUcSar 
notice of the proposed repeal or modification, and an oppor- f^^^H ll^^^'^' 
tunitv to the obiectors to be heard thereon. If in a city anv ^ed districts or 

„ ,"' I'l 111 IV 11 ' '1 zones in cities 

owner or real estate which would be anected by the proposed and towns. 
repeal or modification objects thereto, it shall not be repealed 
or modified except by a unanimous vote of all the members 
of a city council of less than ten members or by a three 
fourths vote of all the members of a city council of ten or 
more members; and in no case shall such an ordinance or 
by-law be repealed or modified except by a two thirds vote 
of all the members of the city council, or by a two thirds 
vote of a town meeting. Approved February I4, 1922. 

An Act relative to sittings of the probate court in Chav. 41 

HAMPSHIRE COUNTY. 

Be it enacted, etc., as follows: 

Section sixty-two of chapter two hundred and fifteen of ^miiid^Jd' ^ ^^' 
the General Laws is hereby amended by striking out the 
paragraph contained in lines thirty-seven to forty-two, in- 
clusive, and inserting in place thereof the following: — 
Hampshire, at Northampton, the first Tuesday of each sittings of pro- 
month and the third Tuesdays of February, April, May, H^ampshLe" 
October and December; at Amherst, the third Tuesdays of '^°""*y- 
January, March and November; and at Ware, the third 
Tuesdays of June and September. 

Approved February I4, 1922. 



32 



Acts, 1922. — Chaps. 42, 43. 



City of Fall 
River, issue of 
licenses and 
permits. 



Chap. 42 An Act relative to the issue of licenses and permits 

IN the city of fall river. 

Be it enacted, etc., a^ follows: 

Section 1. The city of Fall River may by ordinance 
provide that all or any of the powers to grant or issue licenses 
and permits vested by law in the mayor and aldermen of said 
city, except such as may be granted under chapter one hun- 
dred and thirty-eight of the General Laws, shall be exercised 
by the city clerk, assistant city clerk, head of a municipal 
department, or by any municipal board, commission or com- 
missioners, and may regulate the manner of granting or 
issuing the same. This act shall not be construed to prevent 
said city at any time from revoking, in like mamier, in whole 
or in part, any authority conferred hereunder. 

Section 2. This act shall take effect upon its acceptance 
by the city council of said city, subject to the pro\'isions of 
its charter; provided, that such acceptance occurs prior to 
December thirty-first in the current year. 

Approved Febniary 14, 1922. 



Act, how 
construed. 



To be sub- 
mitted to city 
council, etc. 

Proviso. 



Chap. 43 An Act authorizing the turner's falls fire district 
to make an .additional water loan. 



Turner's Falls 
Fire District 
may make an 
additional 
water loan. 



Turner's Falls 
Fire District 
Water Loan, 
Act of 1922. 



Be it enacted, etc., as follows: 

Section 1. For the purpose of extending its water mains 
and improAing its water distribution facilities, the Turner's 
Falls Fire District may from time to time borrow such sums 
as may be necessary, not exceeding, in the aggregate, one 
hundred and ten thousand dollars, and may issue bonds or 
notes therefor which shall bear on their face the words. 
Turner's Falls Fire District Water Loan, Act of 1922. Each 
authorized issue shall constitute a separate loan, and such 
loans shall be payable in not more than twenty-five years 
from their dates. Any indebtedness incurred mider this act 
shall be outside the statutory limit, but shall, except as herein 
pro\dded, be subject to chapter fort>'-four of the General 
Laws. 

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

Approved February 15, 1922. 



Acts, 1922. — Chaps. 44, 45. 33 



An Act aithorizing the town of belchertown to Chap. 44 

INCUR INDEBTEDNESS FOR SCHOOLIIOUSE PURPOSES. 

Be it enacted, etc., as folio ivs: 

Section 1. For the purpose of acquiring land for school J^eTtown^may 
buildings, and for constructing and originally equipping and l;"''',"^^;^}^^^^^ 
furnisliing the same, the town of Belchertown may from purposes. 
time to time borrow such sums as may be necessary, not ex- 
ceeding, in the aggregate, forty thousand dollars, and may 
issue bonds or notes therefor, which shall bear on their face 
the words, Belchertown School Loan, Act of 1922. Each Belchertown 
authorized issue shall constitute a separate loan. Indebted- Act of 1922. ' 
ness incurred under this act shall be in excess of the statutory 
limit, but shall, except as herein pro\'ided, be subject to 
chapter forty-four of the General Laws. 

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

Approved February 15, 1922. 

An Act relative to appropriations by the town of Chap. 45 

BROOKLINE FOR THE USE OF ITS TREE PLANTING COM- 
MITTEE. 

Be it enacted, etc., as follows: 

Section 1." Section one of chapter fifty-seven of the acts isss, 57, § 1, 
of eighteen hundred and eighty-five, as amended by section ®*''' '*""''' 
one of chapter one hundred and six of the acts of eighteen 
hundred and ninety-eight and by section one of chapter 
three hundred and fifteen of the Special Acts of nineteen 
hundred and sixteen, is hereby further amended by striking 
out, in the fourth line, the word "two" and inserting in place 
thereof the word : — three, — so as to read as follows : — 
Sectum 1. The town of Brookline may at an annual meeting, Town of Brook- 
by a vote of two thirds of the legal voters present and voting appr^p'daUons'' 
thereon, appropriate a sum not exceeding three dollars for [°ee"p!antin| 
each of its ratable polls in the preceding year, to be expended committee. 
by a committee of three to be chosen by ballot, in setting 
out and maintaining shade trees, slu'ubs or vines upon the 
public squares and highways of said town, or in premimiis 
or in any other way which they may deem most effectual to 
encourage the planting of shade trees, shrubs or vines upon 
said public squares or highways by the owners of adjoining 
real estate, or upon said adjoining real estate, at a distance 
not exceeding twenty feet from said public squares or high- 



34 Acts, 1922. — Chaps. 46, 47. 

ways, for the purpose of shading or ornamenting the same. 
Committee to gaid Committee of three shall serve without compensation, 
compensation; aud shall huxe and may exercise all the powers and authority, 
powers, u les, ^^^^ shall pcrfomi all the duties, which now are or may here- 
after be conferred or imposed by law upon tree wardens or 
park commissioners of towns, in relation to shade trees in 
Proviso. ^]^g public ways in said town: j^rovMed, hoicemr, that the 

powers and duties of said committee shall not extend to any 
trees, shrubs or Amines witliin the limits of any public parks 
or public grounds of said town. 
Section 2. This act shall take effect upon its passage. 

Approved February 15, 1922. 

Chap. 46 An Act enabling the town of framingham to use 

CERTAIN FUNT)S FOR THE ACQUIREMENT OF LAND FOR 
SCHOOL PURPOSES AND THE ERECTION AND EQUIPMENT 
OF SCHOOLHOUSES THEREON. 

Be it enacted, etc., as follows: 
Town of Pram- Section 1. The towu of Framiugham may use for and 
use certain applv to thc acquirement of land for school purposes and 

funds for school ,^. . , i p • i • e 11 

purposes. thc crectioii, equipment and turnishmg or one or more school- 

houses thereon certain funds now in the treasury of said 
town, namely, the sum of six thousand eight hundred sixty- 
nine dollars and eighty-six cents, being an unexpended bal- 
ance of the proceeds of bonds issued by said town under 
chapter six hundred and twenty-seven of the acts of nineteen 
hundred and thirteen, and also the further sum of five thou- 
sand five hundred fifteen dollars and ninety-two cents, being 
an unexpended balance of the proceeds of bonds issued in 
the year nineteen hundred and thirteen by said town for the 
acquirement of playgrounds therein. 
Section 2. This act shall take effect upon its passage. 

Approved February 15, 1922. 

Chap. 47 An Act authorizing the cities of attleboro and 

TAUNTON and THE TOWNS OF MANSFIELD AND NORTON 
TO BORROW MONEY TO PURCHASE NOTES OF THE NORTON, 
TAUNTON AND ATTLEBORO STREET RAILWAY COMPANY. 

Be it enacted, etc., as follows : 
Norton Taun- Section 1. The Nortou, Tauutou and Attleboro Street 

ton ana Attle- ' . 

boro Street Railwav Compauv, herein designated as the company, may 

Railway Com- . • i- . ' '^ i- . x • r^. iU 

pany may issue issuc uotcs to RU amouut uot exceeding twenty-eignt tnou- 
ma^b^ pur- saud dollars, which may be subscribed for and purchased in 



Acts, 1922. —Chap. 48. 35 

equal amounts by the cities of Attleboro and Taunton and SmIw''^' 
the to\nLs of Mansfield and Norton; and the proceeds of *"^ to'^""g*°? 
such notes shall be applied by the company to the payment ^^|^^fj^''^ ^""^ 
of its indebtedness other than bonds outstanding. 

Section 2. For the purpose of subscribing for and pur- Said cities and 
chasing notes of the company, the cities of Attleboro and mw money to "^ 
Taunton and the towns of Mansfield and Norton may each ^tc!'^'^^ "°*''' 
borrow a sum not exceeding seven thousand dollars and may 
issue bonds or notes therefor which shall bear on their face 
the words, Street Railway Loan, Act of 1922. Each au- street Rail- 
thorized issue shall constitute a separate loan and such loans Act of 1922. 
shall be payable in not more than seven years from their 
dates. Indebtedness incurred under this section shall be in 
excess of the statutory limit prescribed for the aforesaid 
cities and towns, and, except as herein proxided, shall be 
subject to chapter forty-four of the General Laws. 

Section 3. Payments made by the company to the said faw™il"esand 
cities and towns on account of principal or interest on its ^mpanyon^ 
notes, purchased as authorized by section one, shall be applied ^^j°^"^°^ 
to the payment of principal or interest on bonds or notes applied. 
issued under section two, and contributions from other 
sources for the pajTiient of the principal or interest on such 
bonds or notes shall be applied to no other purposes. 

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

Ap2)roved February 15, 1922. 

An Act authorizing the town of burlington to incur Chap. 48 

INDEBTEDNESS FOR SCHOOL PURPOSES. 



Be it enacted, etc., as follows: 
Section 1. For the purpose of constructing an addition XownofBur- 

money 



to the schoolhouse at the corner of Center street and Sears bOTrow ™^^ 



street in the town of Burlington, thereby increasing the floor pur^^g^' 
space, of originally equipping and furnishing the same, and 
of installing a heating system for said building, the said 
town may, from time to time, borrow such sums as may be 
necessary, not exceeding, in the aggregate, thirty thousand 
dollars, and may issue bonds or notes therefor, which shall 
bear on their face the words, Burlington School Loan, Act of ^"{[^"^^"^ 
1922. Each authorized issue shall constitute a separate loan. Act of 1922. ' 
Indebtedness incurred under this act shall be in excess of the 
statutory limit, but shall, except as herein pro\'ided, be sub- 
ject to chapter forty-four of the General Laws. 

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

Approved February 15, 1922. 



36 



Acts, 1922. — Chaps. 49, 50. 



Cx. L. 63, § 
amended. 



53, 



Chap. 49 An Act relative to the annual returns of lists of 

SHAREHOLDERS OF CORPORATIONS. 

Be it enacted, etc., as follows: 

Section fifty-three of chapter sixty-three of the General 
Laws is hereby amended by inserting after the word "resi- 
dences" in the twenty-seventh Hne the words: — , by city 
or toAm and state, — so that so much of clause Fourth as is 
contained in lines twenty-six to thirty-two, inclusi\'e, "will 
read as follows : — Fourth. A complete list of the share- 
holders of the corporation, their residences, by city or town 
and state, the amount and class of stock, if more than one, 
belonging to each. If stock is held as collateral security, the 
list shall state the name and residence of the pledgor and of 
the pledgee. In lieu of such list a railroad, street railway, 
electric railroad, gas, electric, w^ater, telephone or telegraph 
corporation may file a statement of the number of its shares 
held by non-residents. Approved February 15, 1922. 



Annual returns 
of lists of 
shareholders of 
certain corpo- 
rations. 



by-laws. 



Chap. 50 An Act relative to the proprietors of the north 

MEETING house IN SALExM. 

Be it enacted, etc., as follows: 

TheNortT''^ Section 1. The Proprietors of the North Meeting House 
Meeting House in Salcm, a religious society duly incorporated by an act 
make certain passcd February fifth, in the year eighteen hundred and two, 
may, from time to time, notwithstanding an\i:hing contained 
in its charter, make by-laws pro\'iding for the enlargement 
of its membership so as to include any adult person in sym- 
pathy with the purposes and methods of said society, who 
shall agree to support it morally and financially in such a 
manner as may be determined by said society and as set 
forth in its by-laws, and who shall make to the clerk of said 
society a statement of such facts as may be required by its 
by-laws, requesting that he be admitted to membership 
Rights, powers, therein. Persons so admitted under this act, while members 
of said corporation, shall have the same rights and powers 
and be subject to the same liabilities as the present members 
of said corporation; and said corporation may also from 
time to time make such by-laws concerning other matters as 
it could make if organized under general laws relating to like 
corporations. 



etc., of 
members. 



Acts, 1922. —Chaps. 51, 52, 53. 37 

Section 2. Section one of said act of incorporation is Pr9vi8o in act 
hereby amended by striking out at the end thereof the words, tiolTstrucrout. 
" Provided that the annual income of the whole estate of said 
Corporation, beside the meeting House, shall not, any time, 
exceed the value of three thousand dollars." 

Section 3. This act shall take effect upon its acceptance xobesub- 

I ,1 ,• • J 'xi *i 1 i mitted to cor- 

by the corporation in accordance with its charter. poration, etc. 

Approved. February 15, 1922. 

An Act authorizing the cities of revere and malden Chap. 51 
TO contract with each other relative to sewage 
disposal and water supply. 

Be it enacted, etc., as follows: 

The cities of Revere and Maiden are hereby authorized and^Maidwr*^"^^ 

to contract with each other, upon such terms as may be may contract 

mutually agreed upon, for the disposal of the sewage of the relative to sew- 

respective cities and for the supplying of water to their in- and wX^ 

habitants; provided, that every such contract shall be ap- p"ov|^o 
proved by the department of public health. 

Approved February 15, 1922. 

An Act relative to false impersonation of a proba- QJid't) 52 

TION OFFICER. 

Be it enacted, etc., as follows: 

Section thirty-three of chapter two hundred and sixty- g. l. 268. § 33, 
eight of the General Laws is hereby amended by inserting '*'"^" ^ " 
after the word "officer" in the third line the words: — , 
probation officer, — so as to read as follows : — Section 33. Penalty for 
Whoever falsely assumes or pretends to be a justice of the ation of a pro- 
peace, special commissioner, sheriff, deputy sheriff, medi- et*c*."'"^ °^'^' 
cal examiner, associate medical examiner, constable, police 
officer, probation officer, or watchman, and acts as such or 
requires a person to aid or assist him in a matter pertaining 
to the duty of such officer, shall be punished by a fine of not 
more than four hundred dollars or by imprisonment for not 
more than one year. Approved February 15, 1922. 

An Act relative to rescripts filed in the probate (jhnj) 53 

COURT. 

Be it enacted, etc., as follows: 

Section twenty of chapter two hundred and twenty-one of ^n^dld' ^ ^'^' 
the General Laws is hereby amended by inserting after the 



38 Acts, 1922. — Chap. 54. 

word "court", the second time it occurs in the second line, 

the words: — , a probate court, — and also by inserting after 

the word "clerk" in the third line the word: — , register, — 

Notice of so as to read as follows : — Section 20. When a rescript is 

rescripts filed m nii- i-'i -I'-i i 

certain courts, nlecl m E casc or proceeding m the supreme judicial court, the 
superior court, a probate court, the land court, or the mu- 
nicipal court of the city of Boston, the clerk, register or re- 
corder of such court shall forthwith give notice thereof to an 
attorney of record of each party, and transmit a copj^ of 
such rescript to the reporter of decisions. 

Approved February 15, 1922. 



Chap. 54 An Act relative to the reimbursement of cities and 

TOWNS FOR LOSS OF TAXES, AND TO THE DISTRIBUTION OF 
CERTAIN T.AXES, BY THE COMMONWEALTH. 

Be it enacted, etc., as follows: 

Sniiided.^ '^' Section 1. Section seventeen of chapter fifty-eight of 

the General Laws is hereby amended by striking out, in the 

second line, the word "fifteenth" and inserting in place 

thereof the word : — twentieth, — so as to read as follows : — 

SlnTordties Section 17. The treasurer in e\^ery year, not later than 

commOTweaith Novcmber twentieth, shall reimburse each town in which 

for loss of cer- thc commonwcalth owns land for the purposes named in 

section thirteen an amount in heu of taxes upon the value of 

such land as reported to him by the commissioner under the 

preceding section, determined by multiplying each thousand 

dollars of valuation or fractional part thereof by the rate 

provided for under section fifty-eight of chapter sixty-three. 

G. L. 58, § 18, Section 2. Section eighteen of said chapter fifty-eight is 

hereby amended by striking out, in the third line, the word 

"fifteenth", and inserting in place thereof the word: — 

Distribution twentieth, — so as to read as follows: — Section 18. From 

of income taxes ii i i i i i • i 

to cities, towns thc taxcs colicctcd by the commonwealth on incomes under 
chapter sixty-two, the state treasurer shall annually on or 
before November twentieth distribute to each city, town and 
district the percentages hereinafter specified of an amount 
obtained by subtracting, from the average amount of the tax 
levied upon personal property in such city, town or district 
in the years nineteen hundred and fifteen and nineteen hun- 
dred and sixteen, the average amount, computed by the 
commissioner, that would be produced by a tax upon the 
personal property actually assessed in each city, town or dis- 



Acts, 1922. — Chap. 55. 39 

trict for tlie years nineteen hundred and seventeen and 
nineteen hundred and eighteen at an average of the same 
rates of taxation as prevailed therein in the years nineteen 
hundred and fifteen and nineteen hundred and sixteen, to 
wit: seventy per cent for nineteen hundred and twenty-one, 
sixty per cent for nineteen hundred and twenty-two, fifty 
per cent for nineteen hundred and twenty-tlu-ee, forty per 
cent for nineteen hundred and twenty-four, thirty per cent 
for nineteen hundred and twenty-five, twenty per cent for 
nineteen hundred and twenty-six, ten per cent for nineteen 
hundred and twenty-seven. 

The amount so collected in any of said years in excess of ^'^^s!'et°. 
the sura necessary to make said payments shall be distributed 
in proportion to the amount of the state tax imposed upon 
each town in that year, after deducting a sum sufficient to 
reimburse the commonwealth for the expenses incurred in 
the collection and distribution of said tax and for abated 
taxes repaid under said chapter during said year, which shall 
be retained by the commonwealth, and a sufficient sum to 
be distributed for school purposes under Part I of chapter 
seventy. 

In nineteen hundred and twenty-eight and thereafter all ,^'^1928 and" 
the taxes so collected shall, after making said deductions, be thereafter. 
distributed and paid to the several towns in proportion to 
the amount of the state tax imposed upon each of them in 
each year. Approved February 15, 1.9 



An Act authorizing the town of braintree to pay a Chap. 55 

SUM of money to the widow of LOUIS N. GOODHUE. 

Be it enacted, etc., as follows: 

Section 1. The town of Braintree may pay to Maude TownofBrain- 
Goodhue, widow of Louis N. Goodhue, who was killed by a sumXmoney 
fire truck operated by a member of the fire department of Lo^g^N^°^ 
said town, a sum not exceeding four thousand dollars as com- Goo'ihue. 
pensation for the death of her husband. 

Section 2. This act shall take effect upon its acceptance To be sub- 
by vote of said town; provided, that such acceptance occurs Pro^go^°*°^° 
prior to December thirty-first in the current year. 

Approved February 15, 1922. 



40 Acts, 1922. — Chaps. 56, 57, 58. 

Chap. 56 An Act changing the name of the east armory in the 

CITY OF BOSTON TO ONE HUNDRED AND FIRST INFANTRY 
ARMORY. 

Be it enacted, etc., as follows: 

ArXry^in^^* The East AriTiory located on East Newton street in the 
Boston changed ^ity of Boston shall hereafter be known as the One Hundred 

to One Hun- '^ . • i (• i 

dred and First and First Infantry Armory, m honor of the veterans of the 
Armory. one hundred and first infantry who died during the world 

war; and the change of name herein authorized shall be 
effected without expense to the commonwealth. 

Approved February 15, 1922. 

Chap. 57 An Act relative to the filling of vacancies in the 

OFFICE OF SENATOR IN CONGRESS. 

Be it enacted, etc., as follows: 
G. L. 54 § 139, Chapter fifty-four of the General Laws is herebv amended 

amended. .^ . '^ . i i i i i • • i • 

by striking out section one hundred and thirty-nine and in- 
Fiiiingof serting in place thereof the following: — Section 139. Upon 

offiSTofsenator failure to clioosc a senator in congress or upon a vacancy in 
in congress. g^j^j officc, the Vacaiicy shall be filled for the unexpired term 
Proviso. at the following biennial state election provided said vacancy 

occurs not less than sixty days prior to the date of the pri- 
maries for nominating candidates to be voted for at such 
election, otherwise at the biennial state election next follow- 
Ip^omtment ^^g. Pending such election the governor shall make a tempo- 
by governor. j-ary appointment to fill the vacancy, and the person so 
appointed shall serve until the election and qualification of 
the person duly elected to fill such vacancy. 

Approved February 15, 1922. 

Chap. 58 An Act dissolving the corporation known as the 

EAST boston waterfront FREIGHT RAILWAY COMPANY. 

Be it enacted, etc., as follows: 

East^ Boston SectionI. The East Bostou Watcrfrout Freight Railway 

Freight Rail- Compauy, iucorporatcd by chapter one hundred and eighty- 
dissolved. ' six of the Special Acts of nineteen hundred and nineteen, is 
hereby dissolved, subject to the pro\isions of sections fifty- 
one and fifty-two of chapter one hundred and fifty-five of 
the General Laws. 



Acts, 1922. — Chaps. 59, 60. 41 

Section 2. The state treasurer is hereby authorized and fo^cancerb^ti 
directed to cancel the bond fileci by said corporation in ac- etc. 
cordance with section nine of said chapter one hundred and 
eighty-six. 

Section 3. NotWng in this act shall be construed to Pending suits 
affect any suit pending by or against said corporation, or ^^°^^^'^ected, 
any suit now pending or hereafter brought for any liability 
now existing against the subscribers to the capital stock or 
the officers of said corporation, or to make valid any defect 
in the organization of said corporation. 

Section 4. Suits upon choses in action arising out of con- Proceedings in 
tracts sold or assigned by said corporation may be brought or chose^m" 
prosecuted in the name of the purchaser or assignee. The b^ought^*ete 
fact of sale or assigmnent and of purchase by the plaintiff 
shall be set forth in the \mt or other process; and the de- 
fendant may avail himself of any matter of defense of which 
he might have availed himself in a suit upon the claim by said 
corporation, had it not been dissolved by this act. 

Approved February 15, 1922. 



An Act relative to the issue of citations on probate Qfiaj) 59 

ACCOUNTS. 

Be it enacted, etc., as follows: 

Chapter two hundred and six of the General Laws is hereby g. l. 206, new 
amended by inserting after section twenty-three the following §^3!°° ^ ^""^ 
new section: — Section 23 A. When an account has been issue of cita- 
filed in the probate court and the accountant fails to take batT^TOu'Ss. 
out a citation, give notice as therein ordered and make return 
of ser\T[ce to the court, the court may, upon application of 
any person interested, order him to do so; or the court may, 
in its discretion, issue such citation to any party in interest 
who may request it. Approved February 15, 1922. 

An Act regulating the collection and transporta- qJiq^y) 60 

TION OF garbage, REFUSE AND OTHER OFFENSIVE MATTER 
IN THE CITY OF WORCESTER. 

Be it enacted, etc., as follows: 

Section 1 . No person shall collect or transport garbage, city of worces- 
offal, butchers' waste, soap grease, rough tallow or slaughter- Ihe'ToiTectioT 
house refuse or other offensive matter through the streets in trtln ofTa/- 
the city of Worcester unless licensed therefor by the board bage, etc. 



42 



Acts, 1922. —Chap. 61. 



Fee. 
Penalty. 



To be .sub- 
mitted to city 
council, etc. 

Proviso. 



of health, and in such case only to the extent so Hcensed. 
Such hcenses may be revoked at the pleasure of said board. 
A fee, not exceeding three dollars, may be charged for each 
license. Violation of any provision of this act shall be 
punished by a fine of not more than fifty dollars. 

Section 2. This act shall take efi'ect upon its acceptance 
by vote of the city council of the city of Worcester, subject 
to the provisions of its charter; provided, that such accept- 
ance occurs prior to December thirty-first in the current 
year. Approved February 15, 1922. 



1907, 550, § 69, 
amended. 



City of Boston, 
sanitary ar- 
rangements in 
tenement 
houses. 



Chap. 61 An Act relative to sanitary arrangements in tene- 
ment HOUSES IN THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Section sixty-nine of chapter five hundred and fifty of the 
acts of nineteen hundred and seven is hereby amended by 
striking out all after the word "apartment" in the third 
line, down to and including the word "rooms" in the sixth 
Kne, and by striking out, in the ninth line, the word "four" 
and inserting in place thereof the word : — nine, — so as to 
read as follows : — Section 69. In every tenement house 
hereafter erected there shall be a separate water-closet in a 
separate compartment within each apartment. Every such 
water-closet shall be placed in a compartment completely 
separated from every other water-closet, and such compart- 
ment shall be not less than two feet and nine inches wide, 
and shall be enclosed with plastered partitions, or some 
equally substantial material, which shall extend to the ceiling. 
Such compartment shall have a window, opening directly, or 
through a straight horizontal shaft of the same dimensions 
as the window and not more than four feet long, upon a street, 
a railroad right of way, cemetery or public park or a yard 
or alley or open passagew-ay not less than four feet wide, or 
upon a vent court or upon a co\'ered passageway not more 
than twenty feet long and at least twenty feet wide, and 
twenty feet high. Every such window^ shall be at least one 
foot by three feet between stop beads ; and the wiiole window- 
shall be made so as to open readily. When, however, such 
water-closet compartment is located on the top floor and is 
lighted and ventilated by a skylight over it, no window shall 
be necessary, provided that the roof of such skylight con- 
tains at least tliree square feet of glazed surface and is 
arranged so as to open readily. Nothing in this section in 
regard to the separation of water-closet compartments from 



Proviso. 



Provisions of 
section, when 
not applicable. 



Acts, 1922. —Chap. 62. 43 

each other shall ap])ly to a general toilet room containing 
several water-closets, hereafter placed in a tenement house, 
provided that such water-closets are supplemental to the Proviso, 
water-closet accommodations required by law for the use of 
the tenants of the said house. Nothing in this section in re- 
gard to the ventilation of water-closet compartments shall 
apply to a water-closet hereafter placed in an existing tene- 
ment house, to replace a defective fixture in the same position 
and location. No water-closet shall be maintained in the Permit from 
cellar of any tenement house without a permit in writing '^°^'"'^ «* *»''^'*^- 
from the board of health; and said board shall have power 
to make rules and regulations governing the maintenance of 
such closets. Every water-closet compartment in any tene- Lighting at 
ment house shall be pro\'ided with proper means for lighting "'^ *" ^^' 
the same at night. If fixtures for gas or electricity are not 
provided in such compartment, then the door of such com- 
partment shall be pro\ided with translucent glass panels, 
or \\'ith a translucent glass transom, not less in area than 
four square feet. The floor of every such water-closet com- waterproof 
partment shall be made waterproof \^^th asphalt, tile, stone °°^'^^- 
or some other waterproof material; and such waterproofing 
shall extend at least six inches above the floor on all sides 
of the compartment except at the door opening, so that the 
floor can be washed or flushed without leaking. No drip 
trays shall be permitted. No water-closet fixtures shall be 
inclosed with any woodwork. Approved February 16, 1922. 

An Act authorizing the town of saugus to pay a Chap. 62 

PENSION TO JUSTIN E. MANSFIELD. 

Be it enacted, etc., as folloivs: 

Section 1. The town of Saugus may retire Justin E. Town of 
Mansfield, for twenty-eight years janitor of its town hall, pension Justin 
on a pension not exceeding seven hundred and thirty dollars 
a year, to be paid in equal weekly instalments so long as he 
shall live. 

Section 2. This act shall be submitted to the voters of To besub- 

. nutted to 

the town of Saugus for their acceptance at the next annual voters, etc. 
town meeting on the official ballot used for the election of 
town officers, in the form of the follo\nng question : — " Shall 
an act passed by the general court in the year nineteen hun- 
dred and twenty-tw^o entitled 'An Act authorizing the town 
of Saugus to pay a pension to Justin E. Mansfield' be ac- 
cepted?" If a majority of the voters voting thereon vote in 
the aflSrmative, then this act shall take effect. 



44 



Acts, 1922. — Chaps. 63, 64. 



Time of taking 
effect. 



Section 3. For the purpose of authorizing its submission 
to the voters of said town, this act shall take effect upon its 
passage. Approved February 23, 1922. 



G. L. 218, § 10, 
etc., amended. 



District courts, 
assistant clerks, 
appointment, 
etc. 



Chap. 63 An A.ct establishing the office of second assistant 

CLERK FOR THE DISTRICT COURT OF SOUTHERN ESSEX. 

Be it enacted, etc., as follows: 

Section 1. Chapter two hundred and eighteen of the 
General Laws, as amended in section ten by chapter two 
hundred and eighty-seven of the acts of nineteen hundred 
and twenty-one, is hereby further amended by striking out 
said section and inserting in place thereof the f ollo\nng : — 
Section 10. The clerk of a district court may, subject to the 
approval of the justice, appoint one or more assistant clerks, 
who shall be removable at his pleasure or at the pleasiu-e of 
the court, for whose official acts the clerk shall be responsible 
and who shall be paid by him unless salaries payable by the 
county are authorized in this section or in section fifty-three. 
Any such assistant clerk may be a woman. Assistant clerks 
with salaries payable by the county may be appointed in 
the central district court of northern Essex, the municipal 
court of the Charlestown district, the district court of western 
Hampden, and in courts the judicial districts of which have, 
according to the national or state census last preceding, a 
population of sixty thousand or more. Second assistant 
clerks with salaries payable by the county may be appointed 
in the municipal court of the Roxbury district, the East 
Boston district court, the municipal court of the Charlestown 
district, and, subject to the approval of the county commis- 
sioners, in the first district court of eastern INIiddlesex, the 
third district court of eastern Middlesex and the district 
court of southern Essex. 

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

Approved February 24, 1922. 



Second assist- 
ant clerks, 
appointment, 
etc. 



Chap. 64 An Act authorizing the town of oak bluffs to erect 

A town hall on ni antic park. 

Be it enacted, etc., as follows: 

Section 1. The town of Oak Bluffs is hereby authorized 
to erect a town hall upon Niantic Park in said town. 

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

Approved February 25, 1922. 



Town of Oak 
Bluffs may 
erect a town 
hall on 
Niantic Park. 



Acts, 1922. — Chaps. 65, 66. 45 



An Act authorizing the town of northbridge to Chap. 65 

INCUR INDEBTEDNESS FOR SCHOOL PURPOSES. 

Be it enacted, etc., as folio ws: 

Section 1. For the purpose of acquiring land for and n°'^''??^ . 
constructing a junior high school building and of purchas- may borrow 
ing original equipment and furnishings for said building, ^hC^fpurposea. 
the to\m of Northbridge may borrow a sum not exceeding 
seventy-five thousand dollars, and may issue bonds or notes 
therefor which shall bear on their face the words, North- Northbridge 
bridge School Loan, Act of 1922. Each authorized issue i'ct'S' 1922"' 
shall constitute a separate loan. Indebtedness incurred 
mider this act shall be in excess of the statutory limit, but 
shall, except as herein provided, be subject to chapter forty- 
four of the General Laws. 

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

Approved February 25, 1922. 

An Act extending the time during which the cities Chav. 66 

' of LYNN, PEABODY, SALEM AND BEVERLY AND THE TOWN 
OF DANVERS MAY TAKE WATER FROM THE IPSWICH RIVER 
FOR EMERGENCY PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter one hundred and j'^/fk^fnled. 
fifteen of the Special Acts of nineteen hundred and nineteen 
is hereby amended by striking out, in the eleventh, twelfth 
and thirteenth lines, the words "nineteen hundred and nine- 
teen, nineteen hundred and twenty and nineteen hundred 
and twenty-one" and inserting in place thereof the words: — 
nineteen hundred and twenty-two, nineteen hundred and 
twenty-three and nineteen hundred and twenty-foui', — and 
also by striking out, in the fifteenth and sixteenth lines, the 
words "state department of" and inserting in place thereof 
the words : — department of public, — so as to read as fol- 
lows: — Section 1. The cities of Lynn, Peabody, Salem and Lynn, Pea- 
Beverly and the town of Danvers, authorized to take water Beveriy^n™' 
from the Ipswich river or its tributaries during the months therru?ho"rized 
from December to May, inclusive, under the provisions of from¥prw*c*h 
chapter five hundred and eight of the acts of nineteen hun- "'^*''' ■" ^^'^^ °^ 

111 11 • 1 1 1 1 • • 1 • emergency. 

area and one anrl chapters six hundred and ninety-eight, six 
hundred and ninety-nine and seven hundred of the acts of 
nineteen hundred and thirteen, are hereby further authorized, 



46 Acts, 1922. — Chaps. 67, 68. 

in case of emergency, to take water from said river or its 
tributaries during the months from June to November, in- 
clusive, in the years nineteen hundred and twenty-two, nine- 
teen hundred and twenty-three and nineteen hundred and 
twenty-four, or any of said years, in quantities not exceeding 
those wliich may be taken from December to May, inclusive, 
as set forth in said acts, whenever, in the opinion of the de- 
partment of public health, the taking of water during the 
months aforesaid in the years mentioned, or any of them, is 
necessary to pro\'ide an adequate water supply for the cities 
and town herein mentioned, subject otherwise to the re- 
maining provisions of said acts. 

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

Approved February 25, 1922. 

Chap. 67 An Act relative to the brookline police mutual 

AID ASSOCIATION. 

Be it enacted, etc., as follows: 

Poik'^'Mutuai Section 1. The Brookline Police IMutual Aid Assocla- 
Aid Associa- tiou, a corporatioii duly established bv law, is hereby au- 

tion mav pay i • i • i • i*^ i p !• ' " 

a sum of money thoHzcd, actiug by its board or directors, to pay or cause to 

upon^d^th of"^ be paid from its treasury to any member in good standing 

his wife. upon the death of his wife, the sum of one hundred dollars. 

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

Approved February 23, 1922. 

Chap. 68 An Act enlarging the objects of the andover village 

improvement society. 

Be it enacted, etc., as follows: 

1915, 139 (S) Section 1. Section two of chapter one hundred and 

g 2, amended. . . . , ^ 

thirty-nine of the Special Acts of nineteen hundred and fifteen 

is hereby amended by inserting after the word "grounds", in 

the eighth line, the words : — , and otherwise to improve 

and adorn said town and preserve its natural beauties, — so 

The Andover as to read as follows : — Section 2. The objects of said new 

provlment'so- corporatiou shall be to maintain Indian Ridge as a public 

eiJMged^'^^^ park or forest reservation in the town of Andover; to acquire 

other tracts of land for public pleasure grounds or forest 

reservations; to improve and ornament the streets and public 

grounds of said town by planting and culti\'ating trees, 

cleaning and repairing sidewalks, and doing such other acts 

as will tend to beautify and adorn said streets and grounds, 

and otherwise to improve and adorn said town and preserve 



Acts, 1922. — Chaps. 69, 70. 47 

its natural beauties, and in general to carry out the objects 
for Avhich the Indian Ridge Association and the Andover 
Village Improvement Society were incorporated. 
Section 2. This act shall take effect upon its passage. 

Approved February 25, 1922. 

An Act relative to notices of hearings before the QfiQ^ry gg 

COMMISSIONER OF INSURANCE AND OF THE REVOCATION 
OR SUSPENSION OF LICENSES. 

Be it enacted, etc., as follows: 

Chapter one hundred and seventy-five of the General ^c/ion ^^eT^ 
Laws is hereby amended by inserting after section one hun- § i74. 
dred and seventy-four the following new section: — Section Notices of hear- 
I74A. Notices of hearings required by section one hundred commfss^ioner 
and sixty-three, one hundred and sixty-six, one hundred and an'ro/revwa- 
sixty-seven, one hundred and seventy-two, one hundred and pension^ot 
seventy-three or one hundred and seventy-four or of the licenses. 
revocation or suspension of any license issued under any of 
said sections shall be deemed sufficient when sent postpaid 
by registered mail to the last business or residence address 
of the licensee appearing on the records of the commissioner. 
The affida\it of the commissioner or of any person authorized 
by him to send such notice that such notice has been sent 
in accordance ^^^th this section shall be prima facie evidence 
that such notice was duly given. 

Approved February 25, 1922. 

An Act authorizing the city of boston to pay a sum nhny yn 

OF MONEY TO THE MOTHER OF ARTHUR B. McGILL. 

Be it enacted, etc., as follows: 

Section 1. The city of Boston may pay to Louise city of Boston 
McGill a sum not exceeding four thousand dollars, in equal Cf^moTey^t'^ 
weekly payments not exceeding fifteen dollars each, as com- Arul'ur b. 
pensation for the death of her son, Arthur B. McGill, who McCiii. 
was killed by parties unknown during a street riot on the 
night of September tenth, nineteen hundred and nineteen, 
in consequence of the police strike in said city. 

Section 2. This act shall take effect upon its acceptance to be sub- 
by the city council of said city, subject to the provisions of ^uncn,*^etc.^^ 
its charter; provided, that such acceptance occurs prior to Proviso. 
December thirty-first in the current year. 

Approved February 25, 1922, 



48 Acts, 1922. — Chaps. 71, 72, 73. 



Chap. 71 Ax Act authorizing the American baptist foreign 

MISSION SOCIETY TO ACQUIRE AND HOLD ADDITIONAL 
REAL AND PERSONAL PROPERTY. 

Be it enacted, etc., as follows. ■ 

imended^ ^' Section two of chapter ninety-nine of the acts of nineteen 

hundred and ten is hereby amended by striking out, in the 
fifth hne, the word "three" and inserting in place thereof 
the word: — seven, — and by striking out, in the seventh 
hne, the word "five" and inserting in place thereof the 
American Bap- word : — ten, — SO as to read as follows : — Section 2. The 
MlssioTgk)^iety American Baptist Foreign IMission Society may, for the pur- 
hoWreafan°cf poscs of its iucorporatiou, take and hold in fee simple or 
pwsonai prop- othcrwisc, lauds, tenements or hereditaments by gift, grant, 
purchase or devise not exceeding in value seven million dol- 
lars, and may also take and hold by gift, grant, donation or 
bequest, personal estate to an amount not exceeding ten 
million dollars. Approved February 25, 1922. 

Chap. 72 An Act providing for cil\nging the name of the 

BARNSTABLE COUTSTTY INFIRMARY. 

Be it enacted, etc., as follows: ^ 

19^15. 153 (G), Section four of chapter one hundred and fifty-three of the 

amended. General Acts of nineteen hundred and fifteen, as amended 

by section two of chapter three hmidred and seventy-nine of 

the acts of nineteen hundred and twenty, is hereby further 

amended by adding at the end thereof the following:- — 

Provision for gg^j^j trustces shall from time to time determine the name by 

changing name ,.,.,. n i u i i 

of Barnstable which Said iiuirmary shall be known. 

mary. Approved February 25, 1922. 

Chap. 73 An Act alt^horizing the trustees of the Scottish rite 

OF FREEMASONRY TO HOLD .ADDITIONAL REAL AND PER- 
SONAL PROPERTY'. 

Be it enacted, etc., as follows: 

1891, 67, §2, Section two of chapter sixty-seven of the acts of eighteen 

hundred and ninety-one, as amended by chapter one hun- 
dred and fifty-six of the acts of nineteen hundred and seven, 
is hereby further amended by striking out, in the third and 
fourth lines, the words "one million fi\'c hundred thousand" 
and inserting in place thereof the words : — five million, — 



Acts, 1922. — Chaps. 74, 75. 49 

so as to read as follows: — Section 2. Said trustees may re- Trustees of the 

1 111 I j^ i j_ Supreme Coun- 

ceive, manage and convey such real and personal estate, not cii of the An- 
exceeding in all five million dollars, as may be deposited cepted ScottTsh 
with them by or for the supreme council of the ancient and nVasonry mty 
accepted Scottish rite for the northern iurisdiction of the hold additional 

TT • 1 -I 1 -1 -1 • 1 '■**'" '^"^ P®''" 

United States, to such uses as said council may appoint, and sonai property. 

shall report their doings to such supreme council, and submit 

their accounts and records to the inspection of said council. 

They may also receive and execute the trust of gifts and 

devises made to them for specific charitable objects of relief 

of aged, sick or decayed members of any of the associations 

or degrees of that rite depending on said supreme council, or 

for the relief of poor widows and orphans of members of any 

degree of said rite, whether said trusts are to be performed 

and executed in this or any other state of the United States 

where said rite is practised. Approved February 25, 1922. 

An Act extending the time for establishing the Chap. 74 

TEW^KSBURY FIRE AND WATER DISTRICT. 

Be it enacted, etc., as follows: 

Section thirteen of chapter two hundred and three of the i9i9, 203 (S), 
Special Acts of nineteen hundred and nineteen is hereby 
amended by striking out, in the tenth line, the word "three" 
and inserting in place thereof the word : — eight, — so as to 
read as follows: — Section 13. This act shall take effect Tewksbury 

, 1 ••, j_ s A^ 1 p'l Fire and Water 

upon its acceptance by a majority vote or the voters or said District, time 
district present and voting thereon by ballot at a district mentextended. 
meeting called in accordance mth the provisions of section 
eight, within three years after the passage of this act. The 
question of its acceptance may be voted on at as many 
meetings as may be called for the purpose: provided, however, Proviso, 
that not more than three such meetings shall be held in 
any one year. This act shall become void unless the district 
shall begin to distribute water to consumers mthin eight 
years after the acceptance of the act as aforesaid. 

Approved February 25, 1922. 

An Act relative to the contestability of life in- CJiaj) 75 

SURANCE policies. 

Be it enacted, etc., as follows: 

Section one hundred and thirty-two of chapter one hun- g. l. 175, § 132, 
dred and seventy-five of the General Laws is hereby amended '*"'®°*^^'^- 



50 Acts, 1922. —Chaps. 76, 77, 78. 

by striking out the provision numbered 2 and inserting in 
Conteetabiiity placc thereof the following: — 2. A provision that the policy 
poiicfei"*"'^'*^*'^ shall be incontestable after it has been in force during the 
lifetime of the insured for a period of two years from its 
date of issue except for non-payment of premiums or violation 
of the conditions of the policy relating to military or naval 
service in time of war. Approved February 25, 1922. 

Chap. 76 An Act dispensing with the filing of certain policy 

FORMS WITH THE COMMISSIONER OF INSURANCE, 

Be it enacted, etc., as follows: 

re' eaied^' ^ ^^' Scctiou fifty-three of chapter one hundred and seventy-five 
of the General Laws is hereby repealed. 

Approved February 25, 1922. 

Chap. 77 An Act relative to the qualification of officers of 

MUTUAL LIFE INSURANCE COMPANIES. 

Be it enacted, etc., as follows: 

Sn^nckd' ^ ^*' Section ninety-four of chapter one hundred and seventy- 
five of the General Laws is hereby amended by adding at 
Qualification the cud thcrcof the following new paragraph : — The pro- 
mutuaf ufe in- ^isious of scctiou sixty shall apply to the officers of every 
such company. Approved February 25, 1922. 



surance com- 
panies. 



Chap. 78 An Act relative to the episcopal parish in marble- 
head. 

Be it enacted, etc., as follows: 

i^nnTiarb^' Section 1. All baptized persons of the age of twenty-one 
head, certain ycars or ovcr who havc signed the constitution and by-laws 
powers granted of the Episcopal Parish in Marblehead, and who have aided 
of app?opril7ed iu maintaining public worship therein for a period of twelve 
pews, etc. months by regular attendance on such public worship and by 

pecuniary aid therefor, shall have all the powers granted to 
the proprietors of the appropriated pews by chapter twenty- 
nine of the acts of seventeen hundred and ninety-nine, in- 
corporating said parish, and granted to the communicants 
of said parish by chapter one hundred and forty-four of 
the acts of eighteen hundred and eighty-four, and shall be 
subject to all the liabilities imposed upon said proprietors 
and said communicants by said acts. 



Acts, 1922. —Chap. 79. 51 

Section 2. The annual meeting of said parish shall be Annual meeting 
held at the time and place proxided in the by-laws. 

Section 3. This act shall take effect upon its acceptance Acceptance by 
by the corporation in accordance with its charter. *^® corporation. 

Approved February 25, 1922. 

An Act relative to the policies and to the distri- Chap. 79 

BUTION OF NET PROFITS OF SAVINGS AND INSURANCE 
BANKS. 

Be it enacted, etc., as follows: 

Section 1. Section eleven of chapter one hundred and ^nlnde^d' ^ "' 
seventy-eight of the General Law^s is hereby amended by 
striking out, in the sixth line, the words "its option" and 
inserting in place thereof the words: — the option of the 
insured, — so as to read as follows: — Section 11. No policy Policies, etc., 
of life or endowment insurance or annuity contract issued fMurancfb^nlcs 
by any sa\ings and insurance bank shall become forfeit or "e°ted*after°'^" 
void for non-payment of premium after six full months' l^^^l'^l^^' 
premiums have been paid thereon; and in case of default premiums, 
in the payment of any subsequent premium, then, without Effect of de- 
any further stipulation or act, such policy shall be binding ^enVof subse- 
upon the bank at the option of the insured, either (a) for the ®®j.^JJi^y*nig 
cash surrender value or (6) for the amount of paid-up in- 
surance which the then net value of the policy and all divi- 
dend additions thereon, less any indebtedness to the bank 
on account of said policy, and less a surrender charge of not 
more than one per cent of the face value of the policy, will 
purchase as a net single premium for life or endowment in- 
surance, maturing or terminating at the time and in the 
manner provided for in the original policy contract, or (c) 
for the amount of paid-up term insurance which such net 
value would purchase. 

Section 2. Section twenty-one of said chapter one hun- g. l. i78, 5 21, 
dred and seventy-eight, as amended by chapter four hundred ^^^" ^^^^ ^^' 
and sixteen of the acts of nineteen hundred and twenty-one, 
is hereby further amended by striking out all after the word 
"made", in the twentieth line, and inserting in place thereof 
the following: — at the option of the policy holder in ac- 
cordance with section one hundred and forty of chapter one 
hundred and seventy-five, — so as to read as follows: — • 
Section 21. Each savings and insurance bank shall annually Percentage of 
set apart as a surplus from the net profits, if any, which ancedepan-''"^ 
have been earned in its insurance department, an amount ^nd Infu^lni 



ngs 
insurance 



52 



Acts, 1922. — Chap. 80. 



banks to be set 
apart as an 
emergency 
fund, etc. 



Proviso. 



Distribution of 
balance of 
profits. 



not less than twenty nor more than se\'enty-fi\'e per cent 
thereof, until such fund equals ten per cent of its net insurance 
reserve, or the amount of its special insurance guaranty fund, 
whichever is the greater. Thereafter each such bank may 
add in any year to its said surplus fund not more than fifteen 
per cent of the net profits, if any, which have been earned 
in its insurance department in such year; provided, that no 
such bank shall so add to its said surplus fund if it equals 
ten per cent of the net insurance reserve of said bank. Such 
surplus fund shall thereafter be maintained and held or 
used so far as necessary to meet losses in its insiu-ance de- 
partment whether from unexpectedly great mortality, de- 
preciation in its securities, or otherwise, and for the mainte- 
nance of a stable dividend scale. The balance of the net 
profits of each year shall annually be distributed equitably 
among the holders of its policies and annuity contracts, such 
distribution to be made at the option of the policy holder in 
accordance with section one hundred and forty of chapter 
one hundred and seventy-five. 

Approved February 25, 1922. 



Chap. 80 An Act relative to the issuing of permits for the 

TAKING OF SHELLFISH BY UNNATURALIZED FOREIGN BORN 
PERSONS. 

Be it enacted, etc., as follows: 

Chapter one hundred and thirty of the General Laws is 
hereby amended by inserting after section eighty-four the 
following new section:- — Section 84A. No permit for the 
taking of shellfish for commercial purposes shall be issued 
under the preceding section to an unnaturalized foreign born 
person unless he has been a resident of the county, wherein 
the city or town to the officials of which he applies for a 
permit is situated, for at least five years next preceding the 
date of his application therefor, or has taken shellfish as an 
article of commerce for said period. This section shall not 
prohibit any such person from taking for his own family use 
the shellfish allowed for such use to all inhabitants of the 
commonwealth under the preceding section. 

Approved February 25, 1922. 



G. L. 130, new 
section after 
§84. 

Permits for 
taking of shell- 
fish by un- 
naturalized 
foreign born 
persons. 



Acts, 1922. — Chaps. 81, 82. 53 



An Act relative to the assets of certain insurance Chap. 81 

COMPANIES. 

Be it enacted, etc., as follows: 

Section one hundred and fifty-six of chapter one hunched p;,V ^^^' a a 

1 c pii-i IT '11 111^ '^^' amended. 

and seventy-nve or the Lrenerai Laws is hereby amended by 
inserting after the word "trustees" in the tenth Hne, the 
words: — ■, and all assets held by or for such company 
within the United States for the benefit of its policy holders 
and creditors in the United States, — so as to read as fol- 
lows: — Section 156. Any such company may appoint insurance com- 
trustees, who are citizens or corporations of the 'United Foreign "country 
States and approved by the commissioner, to hold funds in wtei's^to"* 
trust for the benefit of its policy holders and creditors in the I'undJ'forXne- 
United States. Said trustees shall be named by the directors {^S°/ p°''^/ . 

•fi i>i ipi holders, etc., in 

of the company, and a certified copy of the record of the United states. 

appointment of such trustees and a duplicate original of the 

deed of trust on a form approved by him shall be filed with 

the commissioner, who may examine such trustees and the 

assets in trust and all books and papers relative thereto in 

the same manner as he may examine the officers, agents, 

assets and affairs of companies. The funds so held by such Assets of said 

trustees, and all assets held by or for such company within pu?po''8e'of ^°'^ 

the United States for the benefit of its pohcy holders and ^tat'^^^l^lnTsT' 

creditors in the United States, so far as the same are in se- commissioner 

' . .of insurance, 

curities, money or credits admissible as sound assets in the «<«• 
financial accounts of companies, shall, with its deposits 
made in accordance with the preceding section, constitute 
the assets of such company for the purpose of making its 
annual statements to the commis.sioner. Such company shall ^atementto 
file with the annual statement required by section twenty- 
five a statement of the trustees executed as prescribed in the 
preceding section, in such form and detail as the com- 
missioner requires, showing the funds held by them. 

Approved February 25, 1922. 



commissioner. 



An Act authorizing the town of Greenfield to appro- Qfidj) §2 

PRIATE money for BAND CONCERTS. 

Be it enacted, etc., as follows: 

Section 1 . The town of Greenfield may at any town Town of 
meeting appropriate a sum of money, not exceeding fifteen ^pproprfa'te'"*^ 
hundred dollars in any year, to be expended for public band SLTd concerts. 
concerts or for music furnished for public celebrations. 



54 



Acts, 1922. — Chaps. 83, 84. 



m?t^^/totown. Section 2. This act shall take effect upon its acceptance 

etc. by the town of Greenfield at a town meeting called for the 

purpose, but, for the purpose of such acceptance, shall take 



effect upon its passage. 



Approved February 25, 1922. 



Chap. 83 An Act relative to the assessment of poll taxes and 

THE MAKING OF CERTAIN LISTS IN THE CITY OF SOMER- 
VILLE. 

Be it enacted, etc., as follows: 

Section 1. In the making of Hsts under sections four to 
fourteen, inclusiv^e, of chapter fifty-one of the General Laws, 
the board of assessors of Somerville may, with the approval 
of the mayor, have the assistance of the police department 
in \isiting buildings and residences and performing the 
duties of assistant assessors in securing the information re- 
quired by said sections. 

Section 2. This act shall take effect upon its acceptance 
by the city council of said city, but for the purposes of such 
acceptance shall take effect upon its passage. 

Approved February 25, 1922. 



City of Somer- 
ville, assess- 
ment of poll 
taxes and mak- 
ing of certain 
lists. 



To be sub- 
mitted to city 
council, etc. 



Chap. 84 An Act relative to payments by town treasurers on 

warrants approved by THE SELECTMEN. 

Be it enacted, etc., as follows: 

Section fifty-six of chapter forty-one of the General Laws 
is hereby amended by striking out all after the word "same" 
in the eighth line and inserting in the place thereof the 
words: — , and the treasurer shall pay no money from the 
treasury except upon such warrant approved by the select- 
men, — so as to read as follows: — Section 56. The select- 
men and all boards, committees, heads of departments and 
officers authorized to expend money shall approve and trans- 
mit to the town accountant as often as once each month all 
bills, drafts and orders chargeable to the respective appro- 
priations of which they have the expenditure. The town 
accountant shall examine all such bills, drafts or orders, and, 
if found correct and approved as herein provided, shall draw 
a warrant upon the treasurer for the payment of the same, 
and the treasurer shall pay no money from the treasury 
except upon such warrant approved by the selectmen. 

Approved February 25, 1922. 



G. L. 41, § 56, 
amended. 



Warrants by 
town account- 
ants for pay- 
ment of bills, 
etc. 



Town treasu- 
rers not to pay 
money except 
upon warrants, 
etc. 



Acts, 1922. —Chaps. 85, 86, 87, 88. 55 



An Act repealing the law relating to the taking of (^fm-p 35 

SALMON FROM LAKE QUINSIGAMOND, 

Be it enacted, etc., as follows: 

Chapter two hundred and eighteen of the General Acts of H^^^J^^ ^^^' 
nineteen hundred and fifteen, relative to the taking of salmon 
from Lake Qiiinsigamond, is hereby repealed. 

Approved February 25, 1922. 

An Act relative to the certification of appropria- Chap. 86 

TION ORDERS BY CITY AND TOWN CLERKS. 

Be it enacted, etc., as follows: 

Chapter forty-one of the General Laws is hereby amended ^tkin aftL^' 
by inserting after section fifteen the following new section : — 5 is. 
Section 15 A. City and town clerks shall, as soon as an Certification of 
order or vote appropriating money becomes effective, certify, o^deTi'by^city 
in a city to the treasurer, assessors and auditor or similar cieri^"'^" 
officer, and in a town to the town accountant, if any, other- 
wise to the treasurer, each appropriation in detail, and the 
provision made for meeting the same, if specified in the ap- 
propriation order or vote. Approved February 25, 1922. 

An Act authorizing the city of beverly to pay a sum Chap. 87 

OF money to the estate of PATRICK GALLAGHER FOR 
T.^J^ES ERRONEOUSLY ASSESSED AND COLLECTED. 

Be it enacted, etc., as follows: 

Section 1 . The city of Beverly may pay to the estate of city of Beverly 
Patrick Gallagher the sum of three hundred ninety-seven estate of Pat- 
dollars and forty-one cents to reimburse said estate for taxes fo*I- taxes m^' 
erroneously assessed and collected, and for interest thereon. se*s°sed%tT 

Section 2. This act shall take effect upon its acceptance To be sub- 
by vote of the city council of said city, subject to the pro- SuncU.^etc!*^ 
\dsions of its charter; provided, that such acceptance occurs Proviso, 
prior to December thirty-first in the current year. 

Approved February 25, 1922. 

An Act authorizing the registration of certain Chap 88 

PERSONS AS CHIROPODISTS. 

Be it enacted, etc., as follows: 

The board of registration in medicine is hereby authorized fratf^n^n"^^' 
to register Lillian B. Valliere, Janet MacAdam, Elinor Cope- medicine may 

' r- register certam 



56 Acts, 1922. — Chaps. 89, 90. 

persons as Jand and Rena Drake, or any of them, as chiropodists, 

chiropodists . . /' p i i i i 

without exam- without examination, upon satisiactory proor that they had 
been engaged in the practice of chiropody in this common- 
weahh for a period of two years next prior to the passage of 
chapter fifteen of the General Acts of nineteen hundred 
and eighteen, and without proof of further compHance with 
chapter one hundred and twelve of the General Laws; and 
thereupon they shall have and enjoy the same rights and 
privileges as if registered as chiropodists as provided by 
said chapter one hundred and twelve. 

Approved February 25, 1922. 

Chap. 89 An Act prohibiting, until the year nineteen hundred 

AND twenty-five, THE TAKING OF QUAIL IN THE COUNTIES 
OF DUKES, ESSEX, HAMPDEN, MIDDLESEX AND NANTUCKET. 

Be it enacted, etc., as follows: 

hfcount^es*!)"^'' ^^ shall bc uulawful, before the beginning of the open 
g^^es,^ Essex, scason for quail throughout the commonwealth in the year 
Middiesex'and nineteen hundred and twenty-five, to hunt, pursue, take or 

Nantucket . . . . ' i ' 

prohibited until kill a quail in the counties of Dukes, Essex, Hampden, 
^^^'^ Middlesex and Nantucket, or to have quail or any part 

thereof in possession taken in said counties, except quail 
propagated under the provisions of section eighty-two or 
eighty-three of chapter one hundred and thirty-one of the 
Penalty. General Laws. Violation of any provision of this act shall 

be punished by a fine of twenty dollars for each bird or part 
thereof in respect to which the violation occurs. 

Approved February 25, 1922. 

Chap. 90 An Act relative to the payment of burial benefits 

BY CERTAIN FRATERNAL BENEFIT SOCIETIES. 

Be it enacted, etc., as follows: 

amended' ^ ^^' Scction forty-fivc of chapter one hundred and seventy-six 
of the General Laws is hereby amended by inserting after 
the word "applicable", in the tenth fine the word: — , 
Domestic fra- twcuty-two, — SO as to read as follows : — Section 45- Do- 
corporatlons luestlc fraternal benefit corporations governed by direct vote 
membeTshtp, ^f their uiembcrs and limiting their membership as provided 
orburi'S"^^"' ^^^ section four and domestic fraternal benefit corporations 
benefits, etc. limiting their membership to the permanent employees of 
cities or towns, the commonwealth or the federal government, 
and not paying death benefits, but paying annuities or gra- 
tuities contingent upon disability or long service, may con- 



Acts, 1922. —Chap. 91. 57 

tliuio to transact business in the commonwealth. Such cor- 
{XM'ations and like societies incorporated under this chapter 
shall be governetl by sections four to eleven, inclusive, four- 
teen and twenty-one, so far as the same are applicable, 
twenty-two, twenty-nine, thirty, thirty-two, thirty-six to 
thirty-eight, inclusive, and forty-eight of this chapter and 
section five of chapter fifty-nine, and in addition by the 
following pro\isions: The officers of such limited corpora- 
tions shall be elected by ballot by the members as often as 
once in two years. Proxies shall not be used in voting. No Proxies not 
person untler sixteen shall be admitted to membership. The hi voting^ etc. 
recording officer of such a corporation shall file with the 
commissioner amendments to its by-laws, in English, within 
thirty days after their adoption. Such equitable assessments, 
either periodical or otherwise, shall be made upon the mem- 
bers as shall be necessary to carry out the purposes of the 
organization. Paid agents shall not be employed in soliciting 
or procuring members, except that corporations which limit 
their certificate holders to a particular fraternity may pay 
members for securing new members, and any corporation 
may pay local collectors. No corporation formed after Jan- 
uary first, nineteen hundred and twelve, unless it confines 
its membership to that of a particular fraternity in any one 
county or to a lodge of some fraternity, shall contract to pay 
benefits to its members until it shall satisfy the commissioner 
that it has received at least five hundred bona fide applica- 
tions for membership. With the written approval of the 
commissioner and the consent of each corporation expressed 
by vote at a duly called meeting, any corporation governed 
by this section may transfer its membership and funds to 
any authorized similar corporation. 

Approved February 25, 1922. 

An Act authorizing the city of brockton to reim- ni^nry ni 

BURSE certain PERSONS FOR MONEY RECEIVED BY SAID 
CITY FOR SALES OF LAND TO WHICH ITS TITLE WAS DE- 
FECTIVE. 

Be it enacted, etc., as follows: 

Section 1. The city of Brockton may expend a sum, CityofBrock- 
not exceeding two thousand dollars, for the purpose of reim- bJTrse'certaiT" 
bursing Joseph Johnson, Harry I. Snow, Edith M. Blanchard, ^'oney%eceived 
Alliert C. Blanchard, Edward F. Leahy, Ernest Johnson, \°''T}^^°l-u 

All -r\ x^ 1 T TT T-\ 1 TT i Tk land to which 

Albert r. Nelson, James H. Drohan, Horace A. Poole, Alva itsutiewas 
P. Poole, Axel Johnson and the executors or administrators 



58 



Acts, 1922. — Chaps. 92, 93. 



To be sub- 
mitted to city 
council, etc. 

Proviso. 



of Elmer E. Blood for money severally paid by the above- 
named persons to said city for certain parcels of land which 
were sold at tax sales or private sales and the title to which 
has been adjudged defective by the land court. 

Sfx'TION 2. This act shall take effect upon its acceptance 
by vote of the city council of said city, subject to the pro- 
visions of its charter; provided, that such acceptance occurs 
prior to December thirty-first in the current year. 

Approved February 25, 1922. 



Chap. 92 An Act authorizing a conveyance of cemetery land 

BY the city of WOBURN. 

Be it enacted, etc., as follows: 

Section 1. The city of Woburn may sell and convey a 
certain lot of land, about nineteen hundred and seventy 
square feet in area, situated on the southerly side of Mont- 
vale avenue in said city, and being a portion of land held by 
said city for cemetery purposes and no longer required 
therefor. 

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

Approved February 27, 1922. 



City of Woburn 
may sell and 
convey certain 
cemetery land. 



Chap. 93 An Act relative to the time within which trustees 

SHALL file answers IN CIVIL CASES IN THE MUNICIPAL 
COURT OF THE CITY OF BOSTON. 



Be it enacted, etc., as follows: 



G. L. 246, § 10, 
amended. 



Section ten of chapter two hundred and forty-six of the 
General Laws is hereby amended by inserting after the word 
"days" in the second line, the words: — , or in the municipal 
court of the city of Boston within two days, — and by strik- 
ing out, in the third line, the article "a" and inserting in 
place thereof the words : — any other, — so as to read as 
Answers of f ollows : — Scction 10. A pcrsoii summoned as trustee in 

trustees, tiling, . ,. . , ^ . ,111 1 ni 

etc, in supreme the suprcme judicial or superior court shall appear and nle 
superior courts, liis answcr \nthin ten days, or in the municipal court of the 
city of Boston within two days, or in any other district 
court within three days, after the return day of the writ, 
unless further time is allowed by the court. The answer shall 
disclose plainly, fully and particularly what goods, effects or 
credits, if any, of the defendant were in the hands or posses- 
sion of the trustee when the writ was served upon him. 

Approved February 27, 1922, 



In municipal 
court of city of 
Boston. 
In other 
district courts. 



Acts, 1922. — Chaps. 94, 95. 59 



An Act enlarging the corporate powers of the Chap. 94 

NORTHERN BAPTIST EDUCATION SOCIETY. 

Be it enacted, etc., as follows: 

The Northern Baptist Education Society, which was in- Northern Bap- 
corporated by chapter eighty-fi\'e of the acts of eighteen soci?ty"cor-°'^ 
hundred and thirty, is hereby authorized, at its discretion, ^niTrled""^^" 
to use both principal and interest of donations, grants, de- 
vises, bequests, subscriptions, and contributions, hereafter 
received by it, where not otherwise directed by the giver, 
for the aid of worthy young men and women in acquiring 
an adequate education for efficient ser\ice in any of the 
recognized rehgious activities of the Christian church in the 
baptist denomination at home or abroad. 

Approved February 27, 1922. 

An Act relative to the board of license commissioners Qhav 95 

IN the city of CAMBRIDGE. 

Be it enacted, etc., as follows: 

Chapter eighty-three of the Special Acts of nineteen hun- 1919. 83 (S), § 1, 
dred and nineteen is hereby amended by striking out section ^"^•'°^'^'^- 
one and inserting in place thereof the following: — Section 1. Board ofUcense 
There is hereby established in the city of Cambridge a board in city of Cam- 
of license commissioners, to consist of the chiefs of the police lisLment! mem- 
and fire departments of the city and a third commissioner to '^^''^^^p- ^^■ 
be appointed by the mayor, subject to the provisions of the 
city charter, for a term of three years. 

The authority now vested by law in cities or towns, or in Powers 
the city of Cambridge or any official thereof, to grant, sus- *^^^°®'^- 
pend or revoke any of the licenses hereinafter mentioned, 
shall upon its organization be exercised in said city by said 
board exclusively, except that nothing herein contained 
shall affect the authority of the state fire marshal in respect 
to the performance of his duties pertaining to the metro- 
politan fire prevention district. The commissioner appointed ^^''^sation 
by the mayor shall be chairman of the board and shall receive etc. 
such compensation as the mayor and city council shall de- 
termine. 

This act shall affect the follo\\'ing licenses only, namely: — List of licenses 
To be innholders or common \'ictuallers; to maintain lodging ^^^^^^ ^^ ^^■ 
houses, public lodging houses, intelligence offices, coffee 
houses or tea houses, vehicles for the sale of food in a public 



60 Acts, 1922. —Chap. 96. 

List of licenses wav) to be colIectors of, dealers in or keepers of shops for 
y ac . ^^^ purchase, sale or barter of junk, old metals or second 
hand articles; to engage in the business of buying, selHng, 
exchanging or assembling second hand motor vehicles or 
parts thereof; to carry on the business of pawnbrokers; to 
sell, rent or lease firearms; to keep a billiard, pool or sippio 
table or a bowling alley for hire, gain or reward; to establish, 
keep open and maintain skating rinks, carousels, incHned 
railways, Ferris wheels and outdoor exliibitions of fire fight- 
ing; to establish, let, keep open and maintain a grove to be 
used for picnics or other lawful gatherings and amusements 
for hire, gain or reward; to retail dealers to keep open their 
place of business on the Lord's Day for the sale of ice cream, 
confectionery, soda water or fruit; to be hawkers and ped- 
lers, or auctioneers; to use a building for the manufactiu^ 
of fireworks or firecrackers; to use a building or other struc- 
ture for the keeping, storage, manufacture or sale of articles 
named in section ten of chapter one hundred and forty-eight 
of the General Laws, except fireworks, firecrackers and 
torpedoes; said board shall have exclusive authority to grant 
licenses under the authority of section twenty-two of chapter 
forty of the General Laws, and under the authority of chap- 
ter one hundred and thirty-eight of the General Laws. 

Approved February 27, 1922. 

Chap. 96 An Act relative to the salary of the member of the 

COMMISSION ON WAYS AND DRAINAGE IN THE CITY OF 
LYNN WHO IS ELECTED BY AND FROM THE CITY COUNCIL. 

Be it enacted, etc., as follows : 
1917, 340 fs) Section 1. Section nineteen of chapter three hundred 

8 19, amendea. . , ^ 

and forty of the Special Acts of nineteen hundred and seven- 
teen is hereby amended by adding at the end thereof the 
following : — ; except that the member of the commission 
on ways and drainage who is elected by and from the city 
council, shall, in addition to the salary paid him as a member 
of the city council, receive the sum of five hundred dollars a 
year while he is a member of the said commission, — so as 
City of Lynn, to Tcad as f ollows : — Sectiou 19. Neither the mayor nor 

certain officials i e ^^ 'a •! i ii i • ii ^ i! 

not to hold any member of the city council shall, during the term tor 

offices^i^c""''^ which he is elected, hold any other office or position the 

salary or compensation for Avhich is payable from the city 

treasury; nor shall he act as counsel or attorney before the 

city council or any committee thereof, or before any board 



Acts, 1922. - Chaps. 97, 98. 61 

or department of the vitr; except that the member of the Exception as to 

.. "ii- I'liiu J certain member 

commission on ways and draina«;e who is elected by ana of commission 
from the city comicil, shall, in addition to the salary paid drahSse.''" 
him as a member of the city council, receive the sum of five 
hundred dollars a year while he is a member of the said 
commission. 

Section 2. This act shall be submitted to the voters of il^tt^'edTo^ 
the city of Lynn at the state election in the current year, ^o^^^rs, etc. 
and if accepted by a majority of the qualified voters voting 
thereon shall thereupon take effect; otherwise it shall not 
take effect. Approved February 27, 1922. 

An Act aithorizing the city of lynn to sell certain Chap. 97 
LTsrusED cemetery land. 

Be it enacted, etc., as follows: 

Section 1. The city of L\Tm, by its proper authorities, cityofLynn 
may improA'e, lay out, subdiA'ide \nth streets and sell any unused ceme- 
part or parts or the whole of that unused portion of Pine *®''y'^°^- 
Grove cemetery in said city, lying on the northwesterly side 
of Parkland avenue extension; provided, that the board of Proviso, 
cemetery commissioners of said city shall, by vote at a 
regular meeting of said board, assent to such sale. Any 
moneys from the sale of the above mentioned property shall 
become a part of the funds of Pine Grove cemetery, to be 
expended by the said board for the purposes of said ceme- 
tery. 

Section 2. This act shall take effect upon its acceptance to be sub- 
by vote of the city council of said city, subject to the pro- ^uncU,*etc'*^ 
visions of its charter; provided, that such acceptance occurs Proviso, 
prior to December thirty-first in the current year. 

Approved February 27, 1922. 



An Act relative to the authority of district courts p/,^^ nc 
TO allow the marriage of minors. ^' 

Be it enacted, etc., as follows: 

Section twenty-five of chapter two hundred and seven of g.l 207, §25, 
the General Laws is hereby amended by inserting after the 
word "where", in the first line, the words: — , or a district 
court within the judicial district of which, — and by inserting 
after the word "probate" in the ninth line the words: — 
or district, — so as to read as follows: — Section 25. The Marriage 9f 
probate court for the county where, or a district court within afiowTnS^'by'^^' 



62 



Acts, 1922. — Chap. 99. 



probate or 
district courts, 
proceedings, 
etc. 



Court order 
may issue, etc. 



the judicial district of which, a minor under the age specified 
in the preceding section resides may, after hearing, make an 
order allowing the marriage of such minor, if the father of 
such minor or, if he is not living, or if he hves out of the com- 
monwealth or has deserted his family, the mother or, if 
neither parent is ahve, and resident in the commonwealth, 
a legal guardian has consented to such order. If the parent 
whose consent would be required if living in the common- 
w^ealth lives outside thereof and the address of such parent 
is knowTi, such notice of the proceedings shall be given him 
as the probate or district court may order; but no notice 
need be given to a parent w^ho has deserted his family. Said 
comt may also after hearing make such order in the case of 
a person w^hose age is alleged to exceed that specified in the 
preceding section, but who is unable to produce an official 
record of birth, whereby the reasonable doubt of the clerk 
or registrar, as exercised under section thirty-five, may be 
removed. Upon receipt of a certified copy of such order by 
the clerk or registrar of the tow^n where such minor resides, 
he shall receive the notice required by law and issue a cer- 
tificate as in other cases. Approved February 27, 1922. 



Chap. 99 An Act relative to the venue of actions for small 

CLAIMS. 

Be it enacted, etc., as follows: 

Section 1. Section twenty-one of chapter two hundred 
and eighteen of the General Laws is hereby amended by 
adding at the end thereof the following: — Actions under 
this and the four following sections shall be brought in the 
judicial district where the defendant lives or has his usual 
place of business. 

Section 2. Section two of chapter two hundred and 
twenty-three of the General Laws is hereby amended by in- 
serting at the beginning thereof the following: — Except as 
provided in section twenty-one of chapter two hundred and 
eighteen, — so as to read as follows: — Section 2. Except 
as provided in section twenty-one of chapter two hundred 
and eighteen, a transitory action in a district court shall be 
brought in the county where one of the defendants lives or 
has his usual place of business, or, if commenced by trustee 
process, in the county where all persons named in the writ 
as trustees live or have their usual places of business, and, 
in either case, in a com't within whose judicial district one 



G. L. 218, § 21, 
amended. 



Venue of ac- 
tions for small 
claims. 



G. L. 223, § 2. 
amended. 



Venue of 
transitory ac- 
tions in district 
courts. 



Acts, 1922. —Chaps. 100, 101, 102. 63 

of the parties lives or has his usual place of business, except 
that an action commenced by trustee process may be brought 
in the municipal court of the city of Boston if any trustee 
resides or has his usual place of business in Suffolk coimty. 

Said courts shall have jurisdiction of a transitory action jurisdiction 
against a defendant who is not an inhabitant of the com- dlfen^LnTa*^'"" 
monwealth, if personal serxice or an effectual attacliment of inhabitants. 
property is made within the commonwealth; and such 
action may be brought in any of said courts in the county 
where the service or attachment was made. 

Approved February 27, 1922. 

An Act directing the election commissioners of the Qfidj) JOO 

CITY of CA.MBRIDGE TO DIVIDE THE CITY INTO WARDS. 

Be it enacted, etc., as follows: 

In the year nineteen hundred and twenty-four, and every Election com- 
tenth year thereafter, the election commissioners of the city cSridge°to 
of Cambridge shall make a new division of the territory of hltol^aTd^. 
said city into such number of wards as may be fixed by law. 
Such di\ision shall be made in accordance with the pro- 
visions of chapter fifty-four of the General Laws, so far as 
the same are not inconsistent here^\^th. 

Approved February 27, 1922. 

An Act authorizing the election commissioners of Q^dj) \{)\ 

THE CITY of CAMBRIDGE TO RE.\DJUST THE VOTING PRE- 
CINCTS IN SAID CITY. 

Be it enacted, etc., as follows: 

In the citv of Cambridge, whenever in the iudgment of Election com- 

I . * . . p . , . "^ . . . missioners of 

the election commissioners of said citv a new dnision of Cambridge 

, . i» ,1 ' I , P • • may readjust 

precincts is necessary tor the proper conduct or primaries voting precincts 
and elections, they may make a new division of the wards '" ''' ^' 
into voting precincts. Such di\'ision shall be made in ac- 
cordance \nth the proxisions of chapter fifty-four of the 
General Laws, so far as the same are not inconsistent here- 
N\ith. • Approved February 27, 1922. 

An Act providing for biennial municipal elections (Jjidj) 1Q2 

IN THE CITY OF MELROSE. 

Be it enacted, etc., as follows: 

Section 1. Beginning with the second Tuesday of B'enniai mu- 

-^-~^ t * 1 • 1 1 1 A niClp9.i 6l6CtlOIlS 

December m the year mneteen hundred and twentv-two, i" city of 

" '^ ' Melrose. 



64 



Acts, 1922. — Chap. 102. 



Terms of mayor 
and aldermen. 



Aldermen 
elected in 1921 
to continue to 
hold office 
until, etc. 



Inauguration 
meeting, when 
held. 

Provi.so. 



School com- 
mittee, election, 
terms, etc. 



1899, 162, § 51, 
etc., amended. 



Vacancy in 
office of mayor, 
filling, etc. 



municipal elections in the city of Melrose for the choice of 
mayor, members of the board of aldermen and members of 
the school committee, shall be held biennially, on the second 
Tuesday of December in every even-numbered year. 

Section 2. The terms of the mayor and the members of 
the board of aldermen of said city shall be for two years and 
until their successors are duly elected and qualified in their 
stead. The aldermen elected in nineteen hundred and 
twenty-one shall continue to hold office until the election 
and qualification of their successors who shall be elected at 
the biennial election in the year nineteen hundred and 
twenty-four. The inauguration meeting of the city govern- 
ment shall be held on the first Monday of January follow- 
ing the election of its members; provided that, if the first 
Monday of January falls on a holiday, the said meeting shall 
take place on the following day. 

Section 3. At the biennial municipal election to be held 
in nineteen hundred and twenty-two and at every biennial 
election thereafter, except as otherwise provided in this sec- 
tion, all members of the school committee to be elected shall 
be chosen for terms of four years each. The members of 
said committee elected in nineteen hundred and twenty' shall 
continue to hold office until the election and qualification of 
their successors, who shall be elected at the biennial election 
in the year nineteen hundred and twenty-four. At the mu- 
nicipal election to be held in the year nineteen hundred and 
twenty-four, six members of the school committee shall be 
elected to fill the vacancies occurring in the following Jan- 
uary, and of the members so elected two shall be elected for 
terms of two years each and four for terms of four years each. 

Section 4. Chapter one hundred and sixty-two of the 
acts of eighteen hundred and ninety-nine, as amended in 
section fifty-one by section one of chapter two hmidred and 
thirty-five of the acts of nineteen himdred and two, is hereby 
further amended by striking out said section fifty-one and 
inserting in place thereof the following: — Section 51. If 
there is no choice of a mayor, or if the person elected mayor 
shall refuse to accept the office, or shall die before qualifjing, 
or if in the first eighteen months of the term of office, a 
vacancy in said office shall occur, the board of aldermen shall 
forthwith call a meeting for a new election, and the same 
proceedings shall be had in respect thereto as are hereinbefore 
provided for the election of mayor, and shall be repeated 
until the election of a mayor is completed. But if such 
vacancy in the office of mayor shall occur in the last six 



Acts, 1922. —Chap. 103. 65 

months of tlic term for which he is elected, such vacancy 
shall be filled by the board of aldermen by a majority vote 
of all its members. If the full number of members of the Vacancy in 
board of aldermen has not been elected, or if a vacancy in meX'fuiin^^'^" 
the office of alderman shall occur in the first six months of "'*'• 
the term for which aldermen are elected, it shall be filled by 
an election by the voters of the whole city in the case of an 
alderman at large, or by an election by and from the voters 
of the ward entitled to such representative in the case of a 
ward alderman, and the board of aldermen shall forth\nth 
call a meeting for a new election. But if such vacancy shall 
occiu" in the last eighteen months of the term for which 
aldermen are elected, it shall be filled by the board of alder- 
men by a majority vote of all its members. 

Section 5. The pro\'isions of chapter one hundred and Repeal, 
sixty-two of the acts of eighteen hundred and ninety-nine, 
and acts in amendment thereof and in addition thereto, that 
are inconsistent with this act are hereby repealed. 

Section 6. A vote on the question of granting licenses Biennial vote 
for the sale of certain non-intoxicating beverages as required quesUon of 
by the provisions of chapter one hundred and thirty-eight of ucense"^ 
the General Laws, or by any other general provision of law, 
as long as said provisions shall be in effect, shall, beginning 
^\'ith the year nineteen hundred and twenty-two, be taken 
biennially in the city of Melrose at the biennial election 
herein provided for. 

Section 7. This act shall be submitted to the voters of mtued to' 
the city of Melrose for their acceptance at the state election voters, etc. 
in the current year in the form of the following question to 
be printed on the official ballot : " Shall an act passed by the 
general court in the year nineteen hundred and twenty- 
two entitled 'An Act providing for biennial municipal elec- 
tions in the city of Melrose' be accepted?" If a majority of 
the voters voting thereon vote in the affirmative in answer 
to said question, then this act shall take effect in said city; 
otherwise it shall not take effect. 

Approved February 27, 1922. 

An Act validating the election of clarence e. (^/^ap.lOS 

SHERMAN AS MEMBER OF THE SCHOOL COMMITTEE OF 
THE CITY OF LYNN. 

Be it enacted, etc., as follows: 

Section 1. The election of Clarence E. Sherman as a cityofLynn, 
member of the school committee of the city of Lynn at the cfarence°E. 



66 



Acts, 1922. — Chaps. 104, 105. 



Sherman as 
member of 
8chool com- 
mittee, vali- 
dated. 



Certain acts 
and vote of 
school com- 
mittee ratified, 
etc. 



city election in nineteen hundred and twenty is hereby vali- 
dated and confirmed. He may, during the term for which 
he was so elected, hold the office of member of said school 
committee and also the office of city librarian and may re- 
ceive compensation as such librarian, notwithstanding the 
pro\isions of chapter tlu"ee hundred and forty of the Special 
Acts of nineteen hundred and seventeen or any general law 
to the contrary. 

Section 2. All acts done and votes passed by said school 
committee between the first Monday of January, nineteen 
hundred and twenty-one and the date this act takes effect 
are hereby ratified and confirmed to the same extent as 
though said Clarence E. Sherman was legally acting as a 
member of said committee. 

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

Approved March 2, 1922. 



Chap.104: An Act relative to certain reports required to be 

MADE TO THE GENERAL COURT BY THE COMMISSIONER OF 
BANKS. 

Be it enacted, etc., as follows: 

G. L 1^, § 9, Section nine of chapter one hundred and sixty-seven of 
the General Laws is hereby amended by striking out the 
word "incorporated", wherever it occurs, and also by striking 
out, in the sixth and seventh lines, the words "receivers, 
from which a report has been received for the preceding 
year", and inserting in place thereof the words: — the com- 
missioner, — so as to read as follows: — Section 9. Annually, 
on or before the third Wednesday in January, the commis- 
sioner of banks. gjQj^gj. ^\^q\\ commuuicate to the general court an abstract of 
his report and such suggestions as he considers expedient 
relative to the general conduct and condition of banks, and 
on or before March fifteenth a statement of the condition of 
every bank, including banks in the hands of the commissioner, 
together with such other information relative to the aft'airs 
of the said banks, as, in his opinion, the pubHc interest may 
require. Approved March 2, 1922. 



Reports to 
general court 
by commis- 



C/iap.l05 An Act authorizing the city of holyoke to pay a sum 

OF MONEY TO THE WIDOW OF EDWARD W. CLANCY. 

Be it enacted, etc., as follows: 

City of Holyoke SECTION 1. The city of Holyokc may pay, in equal 
of money to Weekly instalments, to the widow of Edward W. Clancy, 



Acts, 1922. — Chaps. 106, 107, 108. 67 

late a member of its fire department, the balance of the ^.^°^9L 
salary to which he Avonld have been entitled had he continued ciancy. 
to serve as such member until the end of the present fiscal 
year. 

Section 2. This act shall take efl^ect upon its acceptance To be sub- 
by vote of the city council of said city, subject to the pro- SunciL^etc. ^ 
\nsions of its charter; provided, that such acceptance occurs Proviso, 
prior to December thirty-first in the current year. 

Approved March 2, 1922. 

An Act authorizing the city of holyoke to pay a sum C/iap. 106 

OF MONEY TO THE WIDOW OF JEREMIAH J. LENNEHAN. 

Be it enacted, etc., as follows: 

Section 1. The city of Holyoke may pay, in equal CityofHoiyoke 
weekly instalments, to the widow of Jeremiah J. Lennehan, of money to 
late a patrolman in its police department, the balance of the Jeremiah j. 
salary to which he would have been entitled had he con- ^°"^ ^^' 
tinned to serve as such patrolman until the end of the present 
fiscal year. 

Section 2. This act shall take effect upon its acceptance To be sub- 
by vote of the city council of said city, subject to the pro- TOuncii,*ete. ^ 
visions of its charter; provided, that such acceptance occurs Proviso. 
prior to December thirty-first in the current year. 

Approved March 2, 1922. 

An Act authorizing the city of holyoke to pay a Chav.107 

pension to anna keyes. 

Be it enacted, etc., as follows: 

Section 1. The city of Holyoke may pay to x\nna Keyes, CityofHoiyoke 
for thirty years a janitress in its service an annual pension Anna^'IPeyer. 
of two hundred and sixty dollars, payable in equal weekly 
'instalments. 

Section 2. This act shall take effect upon its acceptance to be sub- 
by vote of the city council of said city, subject to the pro- Muncii *etc'. ^ 
\isions of its charter; provided, that such acceptance occurs Proviso. 
prior to December thirty-first in the current year. 

Approved March 2, 1922. 

An Act relative to fishing with floats in fresh (7/ia».108 

WATER PONDS. 

Be it enacted, etc., as follows: 

Chapter one hundred and thirty of the General Laws is o. l. i30. new 
hereby amended by inserting after section seventy-seven the IT?!"" * ^' 



68 



Acts, 1922. — Chaps, 109, 110. 



Fishing with 
floats in fresh 
water ponds, 
prohibited. 



Proviso. 



Word "float", 
defined. 



following new section: — Section 77 A. Whoever fishes vdth 
floats, otherwise known as toggle fishing, in any fresh water 
pond in the commonwealth shall be punished by a fine of 
ten dollars; provided, that the foregoing provision shall not 
prohibit the use of traps for ice fishing in accordance with 
law. For the purpose of this section, a "float" shall mean 
any device floating with a line and hook attached, baited 
with natural or artificial bait and not under the direct control 
of the hands of the person fishing. 

Approved March 2, 1922. 



CJictp-^Od An Act relative to the water department of the 

CITY OF HOLYOKE. 



1901,319, §4, 
amended. 



City of Hol.voke, 
board of water 
commissioners 
to collect from 
fire department 
rental for 
hydrants. 



To be sub- 
mitted to city 
council, etc. 

Proviso. 



Be it enacted, etc., as follows: 

Section 1. Section four of chapter three hundred and 
nineteen of the acts of nineteen hundred and one is hereby 
amended by striking out, in the third line, the word "eight" 
and inserting in place thereof the word: — sixteen, — so as 
to read as follows : — Section 4- The board of water com- 
missioners is also hereby authorized and directed to collect 
from the fire department an annual rental, not exceeding 
sixteen dollars for each public fire hydrant. This rental 
shall include the cost of all water used by the fire depart- 
ment for fire or other purposes, including the cost of furnish- 
ing and maintaining the hydrants. 

Section 2. This act shall take effect upon its acceptance 
by vote of the city council of the city of Holyoke, subject to 
the provisions of its charter; provided, that such acceptance 
occurs prior to December thirty-first in the current year. 

Approved March 2, 1922. 



Chap. 110 An Act authorizing the police commissioner of 

MALDEN TO PENSION NICHOLAS A. CONRAD. 

Be it enacted, etc., as folloivs: 

Section 1. The pohce commissioner of the city of Maiden 
may retire, on an annual pension of nine hundred and twelve 
dollars and fifty-one cents, payable by said city, Nicholas A. 
Conrad who has performed faithful serAace in the police de- 
partment of said city for nearly ten years, and who is now 
physically unfit for useful service therein, said sum being 
one half of his present annual compensation. 



Police com- 
missioner of 
Maiden may 
pension 
Nicholas A. 
Conrad. 



Acts, 1922. —Chaps. Ill, 112, 113. 69 

Section 2. This act shall take effect upon its acceptance To be sub- 
by vote of the city council of said city, subject to the pro- council, etc. 
visions of its charter; proAided, that such acceptance occurs Proviso. 
prior to December thirty-first in the current year. 

Approved March 2, 1922. 

An Act authorizing the city of malden to pension Chary 111 

GEORGE W. BARRETT. 

Be it enacted, etc., as follows: 

Section 1. The city of Maiden may retire George W. city of Maiden 

-r, e 1 • r> • p - ^ • "^^y Pension 

Barrett, tor thirty-nve years water registrar or said city, on George w. 
an annual pension not to exceed one thousand dollars. 

Section 2. This act shall take effect upon its acceptance To be sub- 
by vote of the city council of said city, subject to the pro- Muncii, ete. ^ 
A-isions of its charter; provided, that such acceptance occurs Proviso, 
prior to December tliirty-first in the current year. 

Approved March 2, 1922. 

An Act authorizing the town of cohasset to vote to QJiaj) 112 

REVOKE ITS acceptance OF THE CIVIL SERVICE LAWS AS 
APPLICABLE TO ITS POLICE DEPARTMENT. 

Be it enacted, etc., as follows: 

Section 1. The town of Cohasset may, at its next town Town of 
meeting, vote to revoke its acceptance of the provisions of yote'Tofevok^ 
the civil ser\ice laws applicable to its police department. oulvH^se 
If the town so votes to revoke such acceptance, then the cabLToX' 
members of the police department of said town shall not police depart- 
continue to hold office under cixil ser\dce or the rules and 
regulations made thereunder. Nothing herein contained shall 
prevent the town from hereafter accepting the provisions of 
chapter thirty-one of the General Laws appHcable to its 
police department. 

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

Approved March 3, 1922. 

An Act to amend the charter of the milford water Chav 113 

company. 

Be it enacted, etc., as follows: 

Section 1. Section five of chapter seventy-seven of the issi, 77, §5. 
acts of eighteen hundred and eighty-one is hereby amended ^™^°^^'*- 



ance 
service 



70 



Acts, 1922. —Chap. 114. 



by striking out, in the third Une, the word "sixty", and in- 
serting in place thereof the words: — one hundred and fifty, 
— and by striking out, in the fourth Une, the word "one" 
and inserting in place thereof the word : — three, — so as 
to read as follows : — Section 5. Said corporation, for the 
hold rearestate, purposcs sct forth iu this act, may hold real estate not ex- 
ceeding in amount one hundred and fifty thousand dollars; 
and the whole capital stock shall not exceed three hundred 
thousand dollars, to be divided into shares of fifty dollars 
each. 
Section 2. This act shall take effect upon its passage. 

Approved March 4, 1922. 



Milford Water 
Company may 



Amount of 
capital stock 



G. L. 167, § 12. 
etc., amended. 



Unauthorized 

banking 

prohibited. 



Chap.W^ An Act relative to the business of foreign banking 

CORPORATIONS OR ASSOCIATIONS. 

Be it enacted, etc., as follows: 

Section twelve of chapter one hundred and sixtj^-seven of 
the General Laws, as amended by section one of chapter 
seventy-eight of the acts of nineteen hundred and twenty-one, 
is hereby further amended by inserting after the word 
"association" in the twenty-third and twenty-fourth lines 
the words: — except as provided in section thirty -seven and, 
— so as to read as follows: — Section 12. No corporation, 
domestic or foreign, and no person, partnership or associa- 
tion except savings banks and trust companies incorporated 
under the laws of this commonwealth, or such foreign banking 
corporations as were doing business in this commonwealth, 
and were subject to examination or supervision of the com- 
missioner on June first, nineteen hundred and six, shall 
hereafter make use of any sign at the place where its business 
is transacted having thereon any name, or other words indi- 
cating that such place or office is the place or office of a 
savings bank; nor shall such corporation, person, partner- 
ship or association make use of or circulate any wTitten or 
printed or partly written and partly printed paper whatever, 
having thereon any name or other words, indicating that 
such business is that of a savings bank; nor shall any such 
corporation, person, partnership or association, or any agent 
of a foreign corporation not haxnng an established place of 
business in this commonwealth, solicit or receive deposits or 
transact business in the way or manner of a savings bank, or 
in such a way or manner as to lead the public to believe, or 
as in the opinion of the commissioner might lead the public 



Acts, 1922. —Chap. 115. 71 

to believe, that its business is that of a saxings bank; nor words "bank" 
shall any person, partnership, corporation or association etc., o"foreign 
except as provided in section thirty-seven and except co- therllf'.Testric- 
operative banks incorporated under the laws of this com- ^'ons mwu use. 
monwealth and corporations described in the first sentence 
of this section hereafter transact business under any name or 
title which contains the word "bank" or "banking", or any 
word in a foreign language having the same or similar mean- 
ing, as descriptive of said business, or, if he or it does a bank- 
ing business or makes a business of receiving money on de- 
posit, under any name or title containing the word "trust", 
or any word in a foreign language having the same or similar 
meaning, as descriptive of said business. 

Approved March 4, 1922. 

An Act establishing a parks and recreation commis- Qjidj) 115 

SIGN IN THE CITY OF HOLYOKE. 

Be it enacted, etc., as follows: 

Section 1. There is hereby established a commission to cityofHoiyoke, 
be known as the Parks and Recreation Commission of the RMreatkfn 
city of Holyoke, to consist of seven members, who shall be ^atrbiishment. 
appointed in the manner and for the terms hereinafter pro- ^^'^^'^^ '•"^'ee. 
vided. Said commission shall be vested with all the powers 
and duties heretofore exercised and performed by the board 
of park commissioners and the playground commission of the 
city of Holyoke, and said board of park commissioners and 
playground commission are hereby abolished. 

Section 2. Prior to July first, nineteen hundred and Appointment 

, . . t>y mayor, 

twenty-two, the mayor of said city shall appoint, subject to terms, etc. 
confirmation by the board of aldermen, three members of 
said new commis.sion to serve for three years, two for two 
years and two for one year, from the first Monday of July, 
and thereafter as the term of any member expires, his suc- 
cessor shall be appointed for three years. Vacancies shall be vacancies, etc. 
filled in like manner for unexpired terms. The members shall 
in all cases hold office until their successors are appointed and 
confirmed and shall serve without compensation. 

Section 3. This act shall take effect upon its acceptance To be sub- 
by vote of the city council of said city, subject to the pro- TOuncii,*^t".*^ 
visions of its charter; provided, that such acceptance occurs Proviso. 
prior to June first in the current year. For the purpose of ^^L°effect 
submitting this act for acceptance by said city, it shall take 
effect upon its passage. Approved March 4, 1922. 



72 



Acts, 1922. — Chaps. 116, 117. 



G. L. 160. § 128, 
amended. 



Chap.116 An Act regulating the abandonment of passenger 

STATIONS BY RAILROAD CORPORATIONS. 

Be it enacted, etc., as follows: 

Section one hundred and twenty-eight of chapter one 
hundred and sixty of the General Laws is hereby amended 
by striking out all after the word " railroad" in the sixth line 
and inserting in place thereof the following : — , except with 
the written approval of the department after notice posted 
in and on said station for a period of thirty days immedi- 
ately preceding a pubHc hearing thereon, — so as to read as 
follows: — Section 128. A railroad corporation which has 
established and maintained a passenger station throughout 
the year for five consecutive years at any point upon its 
railroad shall not abandon such station, unless it is relocated 
under the following section, nor substantially dimmish the 
accommodation furnished by the stopping of trains thereat 
as compared with that furnished at other stations on the 
same railroad, except with the written approval of the de- 
partment after notice posted in and on said station for a 
period of thirty days immediately preceding a public hearing 
thereon. Approved March ^, 1922. 



Abandonment 
of passenger 
stations by 
railroad cor- 
porations, 
regulated. 



Chap.117 An Act relative to the importation of live hares 

AND rabbits for PURPOSES OF PROPAGATION OR LIBERA- 
TION. 

Be it enacted, etc., as follows: 

Section 1. Chapter one hundred and thirty-one of the 
General Laws is hereby amended by inserting after section 
forty-six the following new section: — Section JfiA. A person 
licensed under section eighty-two or the holder of a permit 
granted under section eighty-two A, may, at any time, im- 
port into this commonwealth live hares or rabbits for the 
purpose of propagation or liberation; provided, that they 
have been legally taken in and exported from the state or 
country from which they are exported. 

Section 2. Section forty-six of said chapter one hun- 
dred and thirty-one, as amended by chapter one hundred 
and fifty-two of the acts of nineteen hundred and twenty- 
one, is hereby further amended by inserting after the word 
"sections" in the second line the words: — forty-six A, — so 



G. L. 131, new 
section after 
§46. 

Importation of 
live hares and 
rabbits for 
purposes of 
propagation or 
liberation. 

Proviso. 



G.L. 131, §46, 
etc., amended. 



Acts, 1922. —Chap. 118. 73 

as to read as follows: — Section J^G. No person, except as Protection of 
provided in sections forty-six A, forty-nine, fifty-three and rabbits!"^ 
eighty-two to eighty-eight, inclusive, shall hunt, take, kill or 
have in possession a hare or rabbit in Dukes or Nantucket 
county except between November fifteenth and February 
fifteenth, both dates inclusive, or in any other county except 
between October twentieth and January thirty-first, both 
dates inclusive, or during the open season take or kill more 
than two northern varying hares, otherwise known as Canada 
hares, snow-shoe rabbits or white rabbits, or more than 
five rabbits in any one day, or have in possession more than 
two of the said hares or fiv^e of the said rabbits taken or 
killed in any one day; nor shall any person at any time buy, 
sell, offer for sale or have in possession for the purpose of 
sale a hare or rabbit taken or killed in this commonwealth, 
but during the open season in this commonwealth hares or 
rabbits lawfully taken without the commonwealth may be 
sold; provided, that the sale thereof is lawful in the state or Proviso. 
country in which they were taken. This section shall not Section not 
apply to European hares in the county of Berkshire which ESopean^ hares 
may be taken or killed at any time. wu^'ty'!^''''^^ 

Approved March 4, 1922. 

An Act requiring assessors to notify the finan- rhd^ 118 

CIAL officers of CITIES AND TOWNS OF AMOUNTS TO 
BE RAISED BY TAXATION AND FROM RECEIPTS, AND OF 
AMOUNTS OF ABATEMENTS GRANTED. 

Be it enacted, etc., as follows: 

Chapter fifty-nine of the General Laws is hereby amended g^uons^'aFteT 
by inserting after section twenty-three the following new §23. 
sections: — Section 23 A. The assessors, as soon as the tax Assessors to 
rate is fixed for the year, shall notify the auditor or similar "fficers^oT''*"*^ 
officer in cities and in towns, the town accountant, if any, towns^'o"'^ 
otherwise the town treasurer, of the amount to be raised for r^s°Tby*^° ^^ 
state, county, and city or town purposes, and for overlay, ^^^^^°^^f 
specifying the amounts to be levied on real and personal 
property, on polls, and to accrue from estimated receipts. 
Section 23B. The assessors shall, as often as once a month, Assessors to 
notify the auditor or similar officer in cities and in towns, offiLrs o" ^c^ties 
the town accountant, if any, otherw^ise the town treasurer, amounTs^o"^ 
of the amounts of abatements of taxes, specifying whether ^^nt^^''*^ 
granted on account of assessments on property or on polls. 

Approved March 4, 1922. 



74 Acts, 1922. —Chaps. 119, 120. 



Chap.119 An Act authorizing posts of the veterans of foreign 

WARS of the united STATES TO PARADE WITH MUSIC 
ON MEMORIAL SUNDAY. 

Be it enacted, etc., as follows: 

amended. '°' Sectioii ten of chapter one hundred and thirty-six of the 
General Laws is hereby amended by striking out, in the 
second Hne, the word "or" and inserting in place thereof a 
comma, and by inserting after the word "Legion" in the 
same line the words : — or post of the Veterans of Foreign 
Wars of the United States, — so as to read as follows : — 
wkh m^usfr"^'' Section 10. Any post of the Grand Army of the Republic, 
me°mor1aT ^^^"P ^^ ^^c United Spanish War Veterans, post of the 
Sunday. American Legion or post of the Veterans of Foreign Wars of 

the United States may parade with music on the day desig- 
nated by the national encampment of the grand army as 
memorial Sunday next preceding Memorial Day, for the 
special purpose of attending divine service on that day; 
Proviso. provided, that the music shall be suspended while passing 

within two hundred feet of any place of public worship 
where services are being held. Approved March 4, 1922. 

Chap. 120 An Act relative to medical inspection in the public 

SCHOOLS. 

Be it enacted, etc., as follows: 

Snl'nd'e'd^^^' Chapter seventy-one of the General Laws is hereby 

amended by striking out section fifty-five and inserting in 

Medical inspec- place thcrcof the following : — Section 55. The school com- 

tion in public ^ . in i i» i i i i • • /• 

schools. mittee shall cause to be referred to a school physician tor 

examination and diagnosis every child returning to school 
\\nthout a certificate from the board of health after absence 
on account of illness from infectious or contagious disease. 
Every child attending school who shows signs of ill health or 
of suffering from infectious or contagious disease shall be re- 
ferred to a school physician, unless at once excluded from 
the school by the teacher. But in the case of schools re- 
motely situated, the committee may make such other arrange- 
ments as m,ay best accompUsh the purposes of this section. 

Approved March 7, 1922. 



Acts, 1922. —Chaps. 121, 122. 75 



An Act relative to the agent or secretary appointed Chap.l2l 

BY the board of FREE PUBLIC LIBRARY COMMISSIONERS 
FOR WORK AMONO ALIENS. 

Be it enacted, etc., as follows: 

Section eleven of chapter fifteen of the General Laws is o. l. is, § n, 
hereby amended by striking out, in the seventh line, the 
words "to direct educational work" and inserting in place 
thereof the words: — who shall also direct work in libraries, 
— so as to read as follows: — Section 11. The library board, Board offree 

*^ . public library 

with the consent ol the governor and council, may appoint a commissioners, 

, ^ 1 1 • i? i T ii general secre- 

general secretary and adviser tor not exceeding three years, taryand 
whose salary shall be paid from the appropriation authorized ap^lntoent, 
bv the preceding section. The library board, with the consent f **■ , . . 

J. t' o .7 > _ Agent, appoint- 

or the governor and council, may also appoint an agent tor ment. etc. 

not exceeding five years, at a salary to be fixed by it, and, 

with the consent of the governor and council, an agent or Agent or secre- 

secretary who shall also direct work in libraries for the benefit ment.^d^e"!" 

of the alien population of the commonwealth, at such salary ^**'- 

as it may fix. The hbrary board, by a majority vote of its 

members, may remove from office any person appointed 

under this section. Approved March 7, 1922. 

An Act relative to the borrowing of money by Chap. 122 

COUNTIES AND TO THE USE OF PROCEEDS AND PRE- 
MIUMS. 

Be it enacted, etc., as follows: 

Chapter thirty-five of the General Laws is hereby amended g. l. 35, new 
by inserting after section thirty-seven the following new §37. 
section: — Section 37 A. Counties shall not issue any bonds Borrowing of 
or notes payable on demand, and they shall provide for the ^untL^^ 
payment of all debts, except those incurred in anticipation of payments,^' 
revenue or in anticipation of reimbursement from cities and «*''• 
towns, by such annual payments as will extinguish the same 
at maturity, and so that the first of such annual payments on 
account of any loan shall be made not later than one year 
after the date of the bond or note issued therefor, and so 
that the amount of such annual payment in any year on 
account of such debt, so far as issued, shall not be less than 
the amount of the principal payable in any subsequent year. 
The proceeds of any sale of bonds or notes, except premiums, use of proceeds 
shall be used only for the purposes specified in the original "r Mte8?^etc°'^^ 
authorization of the loan; provided, that unexpended amounts Proviso. 



76 



Acts, 1922. —Chap. 123. 



Use of 
premiums. 



may be applied to maturing annual payments of the same 
loan. Any premium received upon sucli bonds or notes, less 
the cost of preparing, issuing and marketing them, shall be 
appHed to the payment of the principal of the first bond or 
note to mature. Approved March 7, 1922. 



Chap. 12S An Act defining the records of county commissioners. 
Be it enacted, etc., a.? follows: 



G. L. 34, new 

sections after 
§9. 

Records of 
county com- 
missioners, 
contents, defi- 
nitions, etc. 

Docket. 



Files. 



Record of 
payments 
ordered. 



Extended 
record. 



Chapter thirty-four of the General Laws is hereby amended 
by inserting after section nine the following new sections: — 
Section 9 A. The records of the commissioners shall consist 
of a docket, the files, a record of payments ordered, the ex- 
tended record, and a complete record of proceedings at all 
meetings as provided in section ten. Section 9B. The 
docket is hereby defined as a record wherein their clerk shall 
register, by its title or by an abstract, and numbered con- 
secutively, every action, suit and proceeding commenced be- 
fore or transferred or appealed to the commissioners, and 
also contracts recorded as required by section seventeen. 
He shall note therein, according to the date thereof, the 
filing or return of any paper or process, the making of any 
decree, adjudication, order, rule or other direction, or any 
amendment thereof, in or concerning such matter. Section 
9C. The files are hereby defined as all papers and processes 
filed with or by the clerk in any action, suit, proceeding or 
contract, before, by or \\ath the commissioners. All such 
papers, processes and contracts shall be numbered consecu- 
tively in each case, as entered. Section 9D. The record of 
payments ordered shall be in such form as the commissioners, 
with the approval of the director of accounts, may determine. 
It shall contain the name of each person to whom payment 
is ordered made, together with its amount, both of which 
shall be classified under a heading specifying the appropria- 
tion from which such payment is to be made. Section 9E. 
The extended record shall be in abridged form. It shall com- 
prise an abbreviated chronicle of all matters entered upon 
the docket, under the same or a similar title or an abstract 
thereof, and under the same number, and shall contain a 
brief and concise narrative of the essential features of the 
matter. Any final judgment, decree or order affecting the 
title to land shall be copied therein at length. But contracts 
and amendments thereof shall not be copied unless so ordered 
by the commissioners. Approved March 7, 1922. 



Acts, 1922. — Chaps. 124, 125. 77 



An Act aithortzino fish and game wardens and dep- Chap. 124: 

UTY FISH AND GAME WARDENS TO ENTER UPON PRIVATE 
LANDS. 

Be it enacted, etc., as folloivs: 

Chapter one hundred and thirty of the General Laws is g. l. i3o. § 22, 
hereby amended by striking out section twenty-two and in- ^'"''" ^ 
serting in place thereof the following: — Section 22. The Director of 
director, his wardens and deputies, may, in the performance fisherTM and 
of their duties, enter upon and pass through or over private w^Sde^s and 
lands. Approved March 7, 1922. ^Xr^u^JT^'' 

private lands. 

An Act authorizing the city of brockton to pay Chap. 12b 

CERTAIN CL.\IMS FOR DAMAGES ARISING FROM AN ACCIDENT 
CAUSED BY ITS FIRE APPARATUS. 

Be it enacted, etc., as follows: 

Section 1. The city of Brockton may pay to Evelyn M. gity of 
Sullivan, sister and heir-at-law oi Willis K. Sullivan, who pay certain 
died from injuries received from an accident caused by its damages arising 
fire apparatus on October seventeenth, nineteen hundred and cauTedTby fire 
twenty, a sum not exceeding one thousand dollars. apparatus. 

Section 2. Said city may pay to James and Delia A. same subject. 
Johnson, father and mother of John F. Johnson, who died 
from injuries received from said accident, a sum not exceeding 
one thousand dollars. 

Section 3. Said city may pay to Esther Bergman, to same subject. 
compensate her for injuries sustained from said accident, a 
sum not exceeding two thousand dollars. 

Section 4. Any sums of money authorized to be paid ^gfj^'^JJ^^" 
under this act shall be paid in equal weekly instalments, and 
no assignment of any right in or to said sums shall be valid. 

Section 5. This act shall take effect upon its acceptance To be sub- 
by vote of the city council of said city, subject to the pro- touhcU, etc'. ^ 
\asions of its charter; pro\aded, that such acceptance occurs Proviso. 
prior to December thirty-first in the current year. 

Approved March 7, 1922. 



78 Acts, 1922. —Chap. 126. 



Chap.126 An Act autiiorizing the conversion of certain single 

AND TWO-FAMILY DWELLING HOUSES IN THE CITY OF 
BOSTON INTO DWELLING HOUSES OF THE THREE-FAMILY 
TYPE. 

Be it enacted, etc., as follows: 

et^^' amended SectioTi nine of chapter five hundred and fifty of the acts 
of nineteen hundred and seven, as amended by section one 
of chapter seven hundred and eighty-two of the acts of nine- 
teen hundred and fourteen, by section one of chapter three 
hundred and fifty-two of the Special Acts of nineteen hun- 
dred and fifteen and by section two of chapter one hundred 
and seventy-nine of the Special Acts of nineteen hundred and 
eighteen, is hereby further amended by adding at the end 
thereof the following : — For a period of three years after 
April first, nineteen hundred and twenty-two, any single or 
two-family dwelling of third-class construction situated in 
any part of said city not included within the building limits 
of said city, as they existed prior to said twenty-second day 
of September, may be converted by such changes, alterations 
or additions as may be necessary, into dwellings for the 
occupation of not more than three families; provided, that 
such changes, alterations or additions are otherwise in con- 
formity with the building laws of said city at the time thereof, 
City of Boston. — SO as to read as follows: — Section 9. The building limits 
^m jng imi s, ^^ ^^^ ^j^^ ^^ Bostoii as they now exist shall continue until 
changed by ordinance, and the city council may by ordinance 
from time to time extend and define them, and may establish 
other limits in any part of the city within which every building 
built after the establishment thereof shall be of the first or 
Restriction not sccoud class. This restriction shall not apply to wharves, 
certamcases. uor to buildiugs uot exceeding twenty-seven feet in height 
on wharves, nor to market sheds or market buildings not 
exceeding the said height, nor to elevators for the storage of 
coal or grain, if the external parts of such buildings, elev^ators 
or other structures are covered with slate, tile, metal, or 
other equally fireproof material, and the mode of construction 
and the location thereof are approved by the commissioner. 
Temporary structures to facilitate the prosecution of any 
authorized work may be erected under such conditions as 
Construction the commissiouer may prescribe. Single and two-family 
two-family dwelHugs not to be occupied and not intended, arranged, 
or designed to be occupied, by more than two families, may 



Acts; 1922. —Chap. 127. 79 

be built of third-class construction or of composite construc- 
tion in all ])arts of the city of Boston not inchidefl in the 
building limits of the city as they existed prior to the twenty- 
second day of September in the year nineteen hundred and 
thirteen; but no such building shall occupy more than sixty 
per cent of the area of the lot upon which it is situated, and 
all such buildings shall be constructed with pitched roofs 
not less than thirty degrees with the horizontal. 

Buildings of the third class in the city of Boston may be Buildings of 
reconstructed, altered, enlarged, repaired and extended so constructfonr 
as to cover a greater area of land: provided, that the recon- ^**'- . 

, . , . J, 1 rovisos. 

structioQ, alteration, enlargement, or extension contorms to 
the requirements of the law in respect to new buildings of 
like character; and, 'provided, also, that not more than sixty 
per cent of the lot is covered. 

For a period of tlu-ee years after April first, nineteen hun- Conversion of 
dred and twenty-two, any single or two-family dwelling of and wfamliy 
third-class construction situated in any part of said city not dwellings p"'** 
included within the building limits of said city, as they type^"^^™*'^ 
existed prior to said twenty-second day of September, may 
be converted by such changes, alterations or additions as 
may be necessary, into dwellings for the occupation of not 
more than three families; provided, that such changes, altera- Proviso, 
tions or additions are otherwise in conformity with the 
building laws of said city at the time thereof. 

Approved March 7, 1922. 

An Act providing for county taxes to meet maturing (Jfidj) \27 

DEBT AND INTEREST. 

Be it enacted, etc., as follows: 

Section thirty of chapter thirty-five of the General Laws g.l. 35. §30, 
is hereby amended by adding at the end thereof the follow- ^^^'^ ® ' 
ing: — The commissioners shall also levy annually as a 
county tax a sum sufficient to meet the debt and interest 
maturing in that year, if no other provision therefor has been 
made, — so as to read as follows: — Section 30. The amount County tax, 
which the county commissioners shall levy as the county tax reguia'ted. 
shall be as authorized annually by the general court, and as 
computed by adding together the amounts of the annual 
appropriation and of any new special appropriation, so far 
as the money therefor is to be raised by taxation, and de- 
ducting therefrom so much of the probable receipts from all 
sources, except loans, and of the unappropriated balance in 



80 Acts, 1922. — Chaps. 128, 129. 

the county treasury at the closing of the treasurer's books for 

the previous year as the general court deems ad\'isable. 

Levy to meet 'pj^g commissiouers shall also lev^^ annually as a county tax 

maturing debt . 11/ 1 • " • • 

and interest. a suui suihcient to meet the debt and mterest maturing m 
that year, if no other provision therefor has been made. 

Approved March 7, 1922. 

Chap. 128 An Act relative to the use of rifles, revolvers or 

PISTOLS, or of dogs, IN HUNTING DURING THE OPEN 

season on deer. 
Be it enacted, etc., as follows: 
G. L. 131 § 66, Chapter one hundred and thirty-one of the General Laws 

amended. • , , i i i -i • • • • i • 

is hereby amended by striking out section sixty-six and m- 

Huntingof scrtiug ill placc thereof the following: — Section 66. Who- 

riflel.'r^evo'i'^re^ cvcr, in auy county except Dukes or Nantucket, during the 

dunng*op'en opcu scasou for dccr, hunts, wounds or kills a bird or quad- 

^rohibited^^*"^' I'uped with a rifle, revolver or pistol or by the aid of a dog, 

except, etc! or in pursuit of birds or quadrupeds has in his possession or 

under his control in any wood or field, or on any highway, 

a rifle, revolver or pistol, or, while so armed, a dog adapted 

to the hunting or pursuing of birds or quadrupeds, shall be 

punished by a fine of not less than ten nor more than fifty 

dollars. Approved March 7, 1922. 

Chap.129 An Act making appropriations for the maintenance 
OF departments, boards, commissions, institutions 
and certain activities of the commonwealth, for 
interest, sinking funt) and serial bond require- 
ments, AND FOR certain PERMANENT IMPROVEMENTS. 

Be it enacted, etc., as follows: 

k)? mafnttnance Section 1 . To pro\'ide f or thc maintenance of the several 

etc'^^and ""'"*''' departments, boards, commissions and institutions, of sundry 

interest sinking other ser\ices, and for certain permanent improvements, 

requirements, and to mcct ccrtaiu requirements of law, the sums set forth 

fmprovements. iu scctiou two, for the scvcral purposes and subject to the 

conditions therein specified, are hereby appropriated from 

the general fund or revenue of the commonwealth unless 

some other source of revenue is expressed, subject to the 

provisions of law regulating the disbursement of public 

funds and the appro\al thereof, for the fiscal year ending 

November thirtieth, nineteen hundred and twenty-two, or 

for such other period as may be specified. 



Section 2. 



Item 



Acts, 1922. —Chap. 129. 81 



Service of the Legislative Department. 



1 For the compensation of senators, the sum of Legislative 

sixty-one thousand five hundred dollars . . $61,500 00 Department. 

2 For the compensation for travel of senators, a 

sum not exceeding fifty-four hundred dollars . 5,400 00 

3 For the compensation of representatives, the 

sum of three hundred sixty-one thousand five 

hundred dollars 361,500 00 

4 For the compensation for travel of representa- 

tives, a sum not exceeding thirty-two thousand 

and forty dollars 32,040 00 

5 For the salaries of Henry D. Coolidge, clerk of 

the senate, and James W. Kimball, clerk of 
the house of representatives, the sum of ten 
thousand dollars . 10,000 00 

6 For the salaries of William H. Sanger, assistant 

clerk of the senate, and Frank E. Bridgman, 
assistant clerk of the house of representatives, 
the sum of seven thousand dollars . . 7,000 00 

7 For such additional clerical assistance to, and 

with the approval of, the clerk of the senate, 
as may be necessary for the proper despatch 
of public business, a sum not exceeding fifteen 
hundred dollars . •. • . • 1,500 00 

8 For such additional clerical assistance to, and 

with the approval of, the clerk of the house of 
representatives, as may be necessary for the 
proper despatch of public business, a sum not 
exceeding four thousand dollars . . . 4,000 00 

9 For the salary of the sergeant-at-arms, a sum 

not exceeding thirty-five hundred dollars . 3,500 00 

10 For clerical assistance, office of the sergeant-at- 

arms, a sum not exceeding forty-four hundred 

and forty dollars 4,440 00 

11 For compensation for travel of doorkeepers, as- 

sistant doorkeepers, messengers, pages and 
other employees of the sergeant-at-arms, au- 
thorized by law to receive the same, a sum 
not exceeding forty-six hundred and forty- 
four dollars 4,644 00 

12 For the salaries of the doorkeepers of the senate 

and house of representatives, and the post- 
master, with the approval of the sergeant-at- 
arms, a sum not exceeding fifty-eight hundred 
dollars 5,800 00 

13 For the salaries of assistant doorkeepers and 

messengers to the senate and house of rep- 
resentatives, with the approval of the ser- 
geant-at-arms, a sum not exceeding thirty- 
eight thousand one hundred dollars . . . 38,100 00 



82 Acts, 1922. —Chap. 129. 



Item 

D^'artment ^^ ^^^ Compensation of the pages of the senate and 
house of representatives, with the approval 
of the sergeant-at-arms, a sum not exceeding 
seventy-two hundred dollars .... $7,200 00 

15 For the salaries of clerks employed in the legis- 

lative document room, a sum not exceeding 

forty-three hundred and fifty dollars . 4,350 00 

16 For certain other persons employed by the ser- 

geant-at-arms, in and about the chambers and 
rooms of the legislative department, a sum not 
exceeding twenty-five hundred dollars 2,500 00 

17 For the salaries of the chaplains of the senate and 

house of representatives, the sum of fifteen 

hundred dollars 1,500 00 

18 For personal services of the senate counsel and 

assistants, a sum not exceeding twelve thou- 
sand two hundred dollars 12,200 00 

19 For personal services of the house counsel and 

assistants, a sum not exceeding twelve thou- 
sand one hundred and fifty dollars . . 12,150 00 

20 For clerical and other assistance of the senate 

committee on rules, a sum not exceeding 

thirty-five hundred dollars .... 3,500 00 

21 For clerical and other assistance of the house 

committee on rules, a sum not exceeding 
twenty-nine hundred dollars .... 2,900 00 

22 For authorized traveling and other expenses of 

the committees of the present general court, 
with the approval of a majority of the com- 
mittee incurring the same, a sum not exceed- 
ing seven thousand dollars .... 7,000 00 

23 For expenses of advertising hearings of the com- 

mittees of the present general court, including 
expenses of preparing and mailing advertise- 
ments to the various newspapers, with the 
approval of the auditor of the commonwealth, 
a sum not exceeding two thousand doUars 2,000 00 

24 For expenses of summoning witnesses, and for 

fees of such witnesses, with the approval of 
the sergeant-at-arms, a sum not exceeding 
one hundred dollars 100 00 

25 For printing and binding ordered by the senate 

and house of representatives, or by concur- 
rent order of the two branches, with the ap- 
proval of the clerks of the respective branches, 
a sum not exceeding fifty-two thousand dollars 52,000 00 

26 For printing and binding the manual for the 

general court, under the direction and with the 
approval of the clerks of the senate and house 
of representatives, a sum not exceeding two 
thousand dollars 2,000 00 



Acts, 1922. — Chap. 129. 



83 



Item 

27 



28 



29 



30 



For expenses in connection with the publication 
of the bulletin of committee hearings, with the 
approval of the joint committee on rules, a 
sum not exceeding nineteen thousand two 
hundred dollars $19,200 00 

For stationerj^ for the senate, purchased by and 
with the approval of the clerk, a sum not ex- 
ceeding six hundred dollars .... 600 00 

For stationery for the house of representatives, 
purchased by and with the approval of the 
clerk, a sum not exceeding twelve hundred 
dollars 1,200 00 

For contingent expenses of the senate and house 
of representatives, and necessary expenses in 
and about the state house, with the approval 
of the sergeant-at-arms, a sum not exceeding 
nineteen thousand five hundred dollars . . 19,500 00 

Total $689,324 00 



Legislative 
Department. 



Service of the Judicial Department. 

Supreme Judicial Court, as follows: 

31 For the salaries of the chief justice and of the six 

associate justices, a sum not exceeding seventy 
thousand five hundred dollars .... 

32 For traveling allowance and expenses, a sum not 

exceeding forty-five hundred dollars 

33 For the pensions of retired justices, a sum not ex- 

ceeding thirty thousand dollars 

34 For the salary of the clerk for the commonwealth, 

a sum not exceeding thirty-five hundred dollars 

35 For clerical assistance to the clerk, a sum not ex- 

ceeding eight hundred dollars .... 

36 For clerical assistance to the justices, a sum not 

exceeding four thousand dollars 

37 For the services of stenographers to the justices, 

a sum not exceeding fifteen thousand dollars . 

38 For office supplies, services and equipment of 

the supreme judicial court, a sum not exceed- 
ing twenty-five hundred dollars 

39 For the salaries of the officers and messengers, a 

sum not exceeding thirty-one hundred and 
forty dollars 

40 For the salary of the clerk for the county of Suf- 

folk, a sum not exceeding fifteen hundred 
dollars 

Reporter of Decisions : 

41 For the salary of the reporter of decisions, a sum 

not exceeding six thousand dollars . 



Judicial 
Department. 

^70,500 00 JudiciriCourt, 

4,500 00 
30,000 00 

3,500 00 
800 00 

4,000 00 
15,000 00 

2,500 00 

3,140 00 



1,500 00 



6,000 00 



Reporter of 
Decisions. 



84 



Acts, 1922. — Chap. 129. 



Item 



Reporter of 
Decisions. 



42 For clerk hire and ofRce supplies, services and 
equipment, a sum not exceeding eight thou- 
sand dollars $8,000 00 



Superior Court, aq 



44 



45 



46 



47 



Total $149,440 00 

Superior Court, as follows: 

For the salaries of the chief justice and of the 
twenty-seven associate justices, a sum not ex- 
ceeding two hundred seventy thousand five 
hundred dollars $270,500 00 

For traveling allowance and expenses, a sum not 
exceeding fifteen thousand dollars . . . 15,000 00 

For the salary of the assistant clerk, Suffolk 
county, a sum not exceeding one thousand 
dollars 1,000 00 

For printing, transportation of papers and docu- 
ments, and office supplies, services and equip- 
ment, a sum not exceeding fifteen hundred 
dollars . •.-.•. 1,500 00 

For pensions of retired justices, a sum not exceed-" 

ing eighteen thousand dollars .... 18,000 00 

Total $306,000 00 



Probate and 

Insolvency 

Courts. 



Registers of 
Probate and 
Insolvency, 
clerical 
assistance. 



48 



49 



50 



51 



52 



53 
54 



Probate and Insolvency Courts, as follows: 
For the salaries of judges of probate of the sev- 
eral counties, a sum not exceeding eighty-seven 

thousand dollars . $87,000 00 

For pensions of retired justices, a sum not exceed- 
ing seventy-eight hundred dollars . . . 7,800 00 

For the compensation of judges of probate when 
acting outside of their own county for other 
judges of probate, a sum not exceeding two 
thousand dollars 2,000 00 

For the salaries of registers of the several coun- 
ties, a sum not exceeding fifty-three thousand 
one hundred dollars 53,100 00 

For the salaries of assistant registers, a sum not 
exceeding fifty-two thousand five hundred and 
eighty dollars 52,580 00 



Total $202,480 00 

For clerical assistance to Registers of the sev- 
eral counties, as follows: 
Barnstable, a sum not exceeding one thousand 

dollars $1,000 00 

Berkshire, a sum not exceeding fifteen hundred 

dollars 1,500 00 



Acts, 1922. — Chap. 129. 



85 



Item 

55 



56 
57 
58 
59 
GO 
61 
62 
63 
64 
65 
66 



67 



68 



69 



70 



71 



72 



Bristol, a sum not exceeding sevonty-three hun- 
dred eighty-three dollars and thirty-three 
cents 

Dukes county, a sum not exceeding four hundred 
thirty-three dollars and thirty-three cents 

Essex, a sum not exceeding eleven thousand 
dollars 

Franklin, a sum not exceeding seven hundred 
and twenty dollars 

Hampden, a sum not exceeding seventy-one hun- 
dred dollars 

Hampshire, a sum not exceeding eleven hundred 
dollars 

Middlesex, a sum not exceeding twenty-two 
thousand six hundred and seventy dollars 

Norfolk, a sum not exceeding fifty-nine hundred 
and ninety dollars 

Pl\Tnouth, a sum not exceeding twenty-one hun- 
dred and ninety-two dollars .... 

Suffolk, a sum not exceeding forty-four thousand 
one hundred and seventy dollars 

Worcester, a sum not exceeding ten thousand 
four hundred and ninety dollars 

For the salary of the clerk to the register for the 
county of Middlesex, a sum not exceeding two 
thousand dollars 

For the salary of the clerk to the register for the 
county of Suffolk, a sum not exceeding fifteen 
hundred dollars 



Registers of 
Probate and 
Insolvency, 

$7,383 33 ^^''^^'^'*' 



assistance. 



433 33 

11,000 00 

720 00 

7,100 00 

1,100 00 

22,670 00 

.5,990 00 

2,192 00 

44,170 00 

10,490 00 

2,000 00 

1,500 00 



Total $119,248 66 

District Attorneys, as follows: 

For the salaries of the district attorney and as- 
sistants for the Suffolk district, a sum not ex- 
ceeding thirty-seven thousand dollars . $37,000 00 

For the salaries of the district attorney and as- 
sistants for the northern district, a sum not ex- 
ceeding fourteen thousand seven hundred and 
fifty dollars . . 14,750 00 

For the salaries of the district attorney and as- 
sistants for the eastern district, a sum not ex- 
ceeding ten thousand two hundred and fifty 
dollars ......... 10,250 00 

For the salaries of the district attorney, deputy 
district attorney and assistants for the south- 
eastern district, a sum not exceeding ten thou- 
sand six hundred dollars 10,600 00 

For the salaries of the district attorney and as- 
sistants for the southern district, a sum not 
exceeding eighty-two hundred dollars . . 8,200 00 



District 
Attorneys. 



86 



Acts, 1922. — Chap. 129. 



District 
Attorneys. 



Land Court. 



Item 

73 



74 



75 



76 



77 



78 



79 



Commission on 
Probation. 



80 



81 



For the salaries of the district attorney and as- 
sistants for the middle district, a sum not ex- 
ceeding ten thousand two hundred and fifty 
dollars '. $10,250 00 

For the salaries of the district attorney and as- 
sistants for the western district, a sum not ex- 
ceeding forty-five hundred dollars . . 4,500 00 

For the salary of the district attorney for the 
northwestern district, a sum not exceeding 
two thousand dollars 2,000 00 

For traveling expenses necessarily incurred by 
the district attorneys, except in the Suffolk 
district, a sum not exceeding six thousand 
dollars 6,000 00 

Total $103,550 00 

Service of the Land Court. 

For salaries of the judge, associate judge, the re- 
corder and court officer, a sum not exceeding 
twenty-eight thousand six hundred dollars $28,600 00 

For engineering, clerical and other personal serv- 
ices, a sum not exceeding nineteen thousand 
dollars . . . . . 19,000 00 

For personal services in the examination of titles, 
for publishing and serving citations and other 
services, traveling expenses, supplies and office 
equipment, and for the preparation of sec- 
tional plans showing registered land, a sum 
not exceeding thirty-two thousand dollars 32,000 00 



Total $79,600 00 

Service of the Commission on Probation. 

For personal services of the deputy commis- 
sioner, clerks and stenographers, a sum not 
exceediiag eleven thousand four hundred dol- 
lars . . . $11,400 00 

For services other than personal, including print- 
ing the annual report, traveling expenses, office 
supplies and equipment, a sum not exceeding 
twenty-six hundred dollars .... 2,600 00 

Total $14,000 00 



Board of Bar 

Examiners. 



Service of the Board of Bar Examiners. 

82 For personal services of the members of the 
board, a sum not exceeding sixty-three hun- 
dred dollars 



$6,300 00 



Acts, 1922. —Chap. 129. 



87 



Item 

83 



For other services, including printing the annual 
report, traveling expenses, office supplies and 
equipment, a sum not exceeding twenty-four 
hundred dollars 



Total 



Board of Bar 

Examiners. 



$2,400 00 
$8,700 00 



Service of the Executive Department. 

84 For the salary of the governor, the sum of ten 

thousand dollars $10,000 00 

85 For the salary of the lieutenant governor, the 

sum of four thousand dollars .... 4,000 00 

86 For the salaries of the eight councillors, the sum 

of eight thousand dollars 8,000 00 

87 For the salaries of officers and employees of the 

department, a sum not exceeding nineteen 

thousand six hundred and sixty dollars . 19,660 00 

88 For travel and expenses of the lieutenant gov- 

ernor and council from and to their homes, a 

sum not exceeding fifteen hundred dollars . 1,500 00 

89 For postage, printing, office and other contingent 

expenses, including travel, of the governor, a 

sum not exceeding eleven thousand dollars . 11,000 00 

90 For postage, printing, stationery, traveling and 

contingent expenses of the governor and coun- 
cil, a sum not exceeding thirty-five hundred 
dollars 3,500 00 

91 For expenses incurred in the arrest of fugitives 

from justice, a sum not exceeding one thou- 
sand dollars 1,000 00 

92 For payment of extraordinary expenses and for 

transfers made to cover deficiencies, with the 
approval of the governor and council, a sum 
not exceeding one hundred thousand dollars . 100,000 00 

Total $158,660 00 



Executive 
Department. 



Service of the Adjutant General. 

93 For the salary of the adjutant general, a sura not 

exceeding forty-one hundred dollars . $4,100 00 

94 For the personal services of office assistants, a 

sum not exceeding twenty-two thousand dol- 
lars . 22,000 00 

95 For personal services of members of the intelli- 

gence bureau, a sum not exceeding ten thou- 
sand one hundred and seventy dollars . . 10,170 00 

96 For personal services in the division of records 

of the world war, a sum not exceeding ninety- 
two hundred dollars 9,200 00 



Adjutant 
Generid. 



88 Acts, 1922. — Chap. 129. 

Item 

Genera?* ^^ ^^^ sefvices other than personal, printing the 
annual report, and for necessary office sup- 
plies and expenses, a sum not exceeding eighty- 
five hundred dollars S8,500 00 

98 For expenses not otherwise provided for in con- 

nection with military matters and accounts, a 
sum not exceeding seventy-five hundred dol- 
lars 7,500 00 

99 For services other than personal, and for neces- 

sary office supplies and expenses of the intelli- 
gence bureau, a sum not exceeding six thou- 
sand dollars 6,000 00 

100 For services other than personal and for neces- 

sary office supplies and expenses of the division 
of records of the world war, a sum not exceed- 
ing twenty-three hundred dollars . . . 2,300 00 

101 For premium on bonds for officers, a sum not 

exceeding six hundred dollars .... 600 00 

102 For expenses of maintenance and operation of an 

automobile for any use directed by the gov- 
ernor or adjutant general, a sum not exceed- 
ing fifty-seven hundred dollars .... 5,700 00 



Total 176,070 00 

Service of Reorganized Militia. 

Mmtfa"*^^*^ 103 For allowances to companies and other admin- 
istrative units, a sum not exceeding one hun- 
dred twenty-eight thousand dollars . . . $128,000 00 

104 For pay and transportation of certain boards, a 

sum not exceeding seventy-five hundred dol- 
lars . . 7,500 00 

105 For pay and expenses of certain camps of in- 

struction, a sum not exceeding ten thousand 

dollars . 10,000 00 

106 For pay and transportation in making inspec- 

tions and surveys, and for escort duty, a sum 

not exceeding five thousand dollars . . . 5,000 00 

107 For transportation of officers and non-commis- 

sioned officers for attendance at military 
meetings, a sum not exceeding fifteen thou- 
sand dollars ....... 15,000 00 

108 For transportation to and from regimental and 

battalion drills, a sura not exceeding eight 

thousand dollars . . . . . . 8,000 00 

109 For transportation when appearing for exami- 

nation, a sum not exceeding one thousand 

dollars 1,000 00 

110 For expenses of rifle practice, a sum not exceed- 

ing twenty thousand dollars .... 20,000 00 



Acts, 1922. —Chap. 129. 89 

Item 

111 For compensation, and transportation at, and ex- Reorganized 

peiises in the preparation for camp duty ma- Mihtia. 

neuvers, a sum not exceeding twenty-seven 

thousand doUars .?27,000 00 

112 For maintenance of horses, a sum not exceeding 

thirty-one thousand dollars . . . 31,000 00 

113 For expense of maintaining and operating cer- 

tain trucks, a sum not exceeding seven hun- 
dred dollars 700 00 

114 For compensation for special and miscellaneous 

dutv, a sum not exceeding twelve thousand 

dollars 12,000 00 

115 For transportation and other expenses of the 

United States instructors, a sum not exceed- 
ing five hundred dollars 500 00 

116 For compensation for accidents and injuries sus- 

tained in the performance of military duty, a 

sum not exceeding twenty-five hundred dollars 2,500 00 

117 For reimbursement for death and injuries to 

horses, a sum not exceeding one thousand 

dollars . . . . . ■.•..- • 1,000 00 

118 For expenses of organizing and maintaining an 

aero squadron, a sum not exceeding four thou- 
sand dollars 4,000 00 

Total $273,200 00 

Service oj the Property and Disbursing Officer. 

119 For clerical services and other expenses for the • Property and 

office of the property and disbursing officer, a Officer!^"*^ 

sum not exceeding fifty-four hundred dollars . $5,400 00 



Mexican Border Service. 

120 For the expense of furnishing certificates of honor b^'h^'^'s ■ 

for service on the Mexican border, as author- ce'rtificates^f'^' 

ized by law, a sum not exceeding two hundred honor, 

dollars, the same to be in addition to any sum 
heretofore appropriated for the purpose . . $200 00 

Service for the Publication of Records of Massachusetts Soldiers 
and Sailors of the Civil War. 

121 For services for the publication of records of Publication of 

Massachusetts soldiers and sailors who served Massachiietts 

in the civil war, a sum not exceeding seventy- go}diersand 

-__-_- Sailors of Cjvil 



one hundred dollars $7,100 00 yvar 



90 



Acts, 1922. — Chap. 129. 



ChiefQuarter- 
master. 



Service of the Chief Quartermaster. 

Item 

122 For personal services of the chief quartermaster, 

superintendent of armories and superintendent 
of arsenal, a sum not exceeding sixty-eight 
hundred dollars $6,800 00 

123 For personal services of other employees of the 

chief quartermaster, a sum not exceeding four- 
teen thousand seven hundred dollars 14,700 00 

124 For expert assistance, the employment of which 

may be exempt from civil service rules, in the 
disbursement of certain money to the officers 
and enlisted men of the militia for compensa- 
tion and allowances, a sum not exceeding 
twelve hundred dollars ..... 1,200 00 

125 For the salaries of armorers and assistant ar- 

morers of first class armories, a sum not ex- 
ceeding one hundred twelve thousand dollars . 112,000 00 

126 For certain incidental military expenses of the 

quartermaster's department, a sum not ex- 
ceeding twenty-five hundred dollars . 2,500 00 

127 For office and general supplies and equipment, a 

sum not exceeding ten thousand dollars . . 10,000 00 

128 For the care and maintenance of the camp ground 

and buildings at Framingham, a sum not ex- 
ceeding five thousand dollars .... 5,000 00 

129 For the maintenance of armories of the first class, 

a sum not exceeding one hundred forty-five 

thousand dollars 145,000 00 

130 For reimbursement for rent and maintenance of 

armories of the second class, a sum not exceed- 
ing three thousand dollars 3,000 00 

131 For reimbursement for rent and maintenance of 

armories of the third class, a sum not exceed- 
ing twenty-seven hundred dollars . . 2,700 00 

132 For an allowance for a mechanic for each battery 

of field artillery, a sum not exceeding ninety- 
six hundred dollars 9,600 00 

133 For the rental of stables, including water and 

certain other incidental services, for the hous- 
ing of horses and mules, a sum not exceeding 
fourteen thousand dollars 14,000 00 



Total $326,500 00 



Service of the Chief Surgeon. 

Chief Surgeon. 134 For personal services of the chief surgeon and 
regular assistants, a sum not exceeding six 
thousand dollars 



$6,000 00 



Acts, 1922. —Chap. 129. 91 

Item 

135 For services other than personal, and for neces- Chief Surgeon. 

sary medical and office supplies and equipment, 

a sum not exceeding three thousand dollars . S3,000 00 

136 For the examination of recruits, a sum not ex- 

ceeding eight thousand dollars .... 8,000 00 

Total '. $17,000 00 

Service of the Supervisor of Administration. 

137 For the salaries of the supervisor and deputy, a Supervisor of 

sum not exceeding ten thousand five hundred Administration. 

doUars $10,500 00 

138 For other personal services, a sum not exceeding 

twenty-one thousand dollars .... 21,000 00 

139 For services other than personal and for travel- 

ing expenses, office supplies and equipment, a 
sum not exceeding twenty-three hundred and 
seventy dollars 2,370 00 

Total $33,870 00 

Service of the Armory Commission. 

140 For compensation of members, a sum not ex- Armory 

ceeding twenty-three hundred doUars $2,300 00 Commission. 

141 For office and traveling expenses, a sum not ex- 

ceeding three hundred dollars .... 300 00 

141 y For the construction of a wagon shed at the com- 

monwealth armory, a sum not exceeding four 

thousand dollars . . . . . . 4,000 00 

141 1 For alterations in certain armories to accommo- 
date additional units, a sum not exceeding 
fifty-five thousand dollars . . . . 55,000 00 

142 For the purchase of lockers and certain furniture, 

a sum not exceeding eighty-four hundred 

dollars 8,400 00 



Total $70,000 00 

Service of the Board of Appeal from Decisions of the Com- 
missioner of Corporations and Taxation. 

143 For expenses of the board, a sum not exceeding Board of 

two hundred and seventy-five dollars . . $275 00 ^^^^^' «**=• 



Service of the Commissioner of State Aid and Pensions. 

For personal services of the commissioner and 
deputy, a sum not exceeding sixty-seven hun- 
dred dollars $6,700 00 



92 



Acts, 1922. —Chap. 129. 



Commissioner 
of State Aid 
and Pensions. 



Item 

145 



146 



Expenses on 
Account of 

Wars. 

Reimbursement 
of cities and 
towns for state 
and military 
aid, etc. 



Massachusetts 
Soldiers' Home. 



Grand Army of 
the Republic of 
the Department 
of Massa- 
chusetts. 



Commission 
for aiding re- 
turned .soldiers, 
etc., in finding 
employment. 



147 



148 



149 



150 



For personal services of agents, clerks, stenog- 
raphers and other assistants, a sum not ex- 
ceeding thirty-one thousand dollars . . . $31,000 00 

For services other than personal, including print- 
ing the annual report, traveling expenses of 
the commissioner and his employees, and 
necessary office supplies and equipment, a 
sum not exceeding five thousand dollars . . 5,000 00 

Total $42,700 00 

For Expenses on Account of Wars. 

For reimbursing cities and towns for money paid 
on account of state and military aid to Massa- 
chusetts soldiers and their families, the sum 
of four hundred ninety-five thousand dollars, 
the same to be paid on or before the fifteenth 
day of November in the year nineteen hun- 
dred and twenty-two, in accordance with the 
provisions of existing law^s relative to state 
and military aid $495,000 00 

For the maintenance of the Massachusetts Sol- 
diers' Home, with the approval of the trustees 
thereof, a sum not exceeding one hundred 
sixty-five thousand dollars .... 165,000 00 

For the Grand Army of the Republic of the de- 
partment of Massachusetts, the sum of one 
thousand dollars, as authorized by chapter 
fifteen of the resolves of nineteen hundred and 
twenty-one . 1,000 00 

For expenses of continuing the work of the com- 
mission for aiding returned soldiers, sailors and 
marines in finding employment, a sum not 
exceeding ten thousand five hundred dollars, 
the same to be in addition to any amount 
heretofore appropriated for the purpose . 10,500 00 



Total $671,500 00 



Art Com- 
mission. 



Ballot Law 
Commission. 



Service of the Art Commission. 

151 For expenses of the commission, a sum not ex- 

ceeding one hundred dollars .... $100 00 

Service of the Ballot Laiv Commission. 

152 For compensation of the commis.sioners, a sum 

not exceeding fifteen hundred dollars . . $1,500 00 

153 For expenses, including travel, supplies and 

equipment, a sum not exceeding two hundred 

dollars 200 00 



Total $1,700 00 



Acts, 1922. —Chap. 129. 93 



Service of Commissioners on Uniform State Laws. 

Item 

154 For expenses, for the current fiscal year, of the Commissioners 

commissioners on uniform state laws, a sum staVe'LawT 

not exceeding six hundred and fifty dollars . $650 00 

Service of the State Library. 

155 For personal services of the librarian, a sum not State Library. 

exceeding five thousand dollars . . . $5,000 00 

156 For personal services of the regular library as- 

sistants, temporary clerical assistance and for 
services for cataloguing, a sum not exceeding 
twenty-seven thousand three hundred dollars 27,300 00 

157 For services other than personal, including print- 

ing the annual report, office supplies and 
equipment, and incidental traveling expenses, 
a sum not exceeding twenty-seven hundred 
dollars . . 2,700 00 

158 For books and other publications and things 

needed for the library, and the necessary bind- 
ing and rebinding incidental thereto, a sum 
not exceeding twelve thousand five hundred 
dollars 12,500 00 



Total $47,500 00 

Service of the Swperintendent of Buildings. 

159 For personal services of the superintendent and Superintendent 

office assistants, a sum not exceeding nineteen ° ^ '"^^' 

thousand five hundred dollars .... $19,500 00 

160 For personal services of engineers, assistant en- 

gineers, firemen and helpers in the engineer's 
department, a sum not exceeding sixty-two 
thousand five hundred dollars .... 62,500 00 

161 For personal services of watchmen and assistant 

watchmen, a sum not exceeding thirty-eight 

thousand dollars 38,000 00 

162 For personal services of porters, a sum not ex- 

ceeding twenty thousand dollars . . . 20,000 00 

163 For other personal services incidental to the care 

and maintenance of the building, a sum not 
exceeding fourteen thousand three hundred 
dollars 14,300 00 



Total $154,300 00 

Other Annual Expenses. 

164 For contingent, office and other expenses of the other annual 

superintendent, a sum not exceeding eighteen expenses, 

hundred dollars $1,800 00 



94 



Acts, 1922. —Chap. 129. 



Superintendent 
of Buildings. 
Other annual 
expenses. 



Item 

165 



166 



167 



For telephone service in the building, and ex- 
penses in connection therewith, a sum not 
exceeding thirty-seven thousand dollars . . $37,000 00 

For services, supplies and equipment necessary 
to furnish heat, light and power, a sum not 
exceeding fifty thousand dollars . . . 50,000 00 

For other services, supplies and equipment neces- 
sary for the maintenance and care of the state 
house and grounds, including repairs of furni- 
ture and equipment, a sum not exceeding 
ninety thousand dollars 90,000 00 

Total $178,800 00 



Old State 

House, 

maintenance. 



For the Maintenance of the Old State House. 

168 For the contribution of the commonwealth 
toward the maintenance of the old provincial 
state house, the sum of fifteen hundred dollars $1,500 00 



Pilgrim 

Tercentenary 

Commission. 



169 



Commission 
to Destroy 
Obsolete 
Records, etc. 



170 



Secretary of the 171 
Common- 
wealth. 



172 



Service of the Pilgrim Tercentenary Commission. 

For expenses of the pilgrim tercentenary com- 
mission there is hereby appropriated the sum 
of seventy-four hundred twenty-eight dollars 
and twenty-two cents, being the receipts of 
said commission from the sale of certain build- 
ings and other property upon land purchased 
in connection with the placing of memorials . 



r,428 22 



Service of the Commission to Destroy Obsolete and Worthless 
Records, Books and Documents 

For services and expenses of the commission, a 
sum not exceeding fifty dollars .... 



$50 00 



Service of the Secretary of the Commonwealth. 

For the salaries of the secretary and officers and 
employees holding positions established by 
law, a sum not exceeding twenty-one thousand 
one hundred dollars 

For services of additional clerks and other as- 
sistants, a sum not exceeding seventy-six 
thousand dollars 

173 For services other than personal, traveling ex- 

penses, office supplies and equipment, a sum 
not exceeding thirteen thousand dollars . 

174 For postage and expressage on public documents, 

and for mailing copies of bills and resolves to 
certain state, city and to\vn officials, a sum not 
exceeding forty-five hundred dollars 

175 For the arrangement and preservation of state 

records and papers, a sum not exceeding one 
thousand dollars 



$21,100 00 



76,000 00 



13,000 00 



4,500 00 



1,000 00 



Acts, 1922. —Chap. 129. 95 

Item 

17G For printing registration books and blanks and Secretary of the 

niaoxing returns, a sum not exceetlnig tive wealth, 

thousand dollars $5,000 00 

177 For the purchase of copies of certain town records 

prior to eighteen hundred and fifty, a sum not 

exceeding seven thousand dollars . . 7,000 00 

178 For printing the history of certain regiments in 

the civil war and in the world war, the sum 

of three thousand dollars . . . . . 3,000 00 

179 For the purchase of certain supplies and equip- 

ment, and for other things necessary in con- 
nection with the reproduction of the manu- 
script collection designated "Massachusetts 
Archives", a sum not exceeding thirty-one 

hundred dollars 3,100 00 

ISO For the purchase and distribution of copies of 
certain journals of the house of representa- 
tives of Massachusetts Bay from seventeen 
hundred and fifteen to seventeen hundred and 
eighty, as authorized by chapter four hundred 
and thirteen of the acts of nineteen hundred 
and twenty, a sum not exceeding twelve hun- 
dred and fifty dollars 1,250 00 



Total $134,950 00 

For indexing vital statistics : 

181 For the preparation of certain indexes of births, indexing vital 

marriages and deaths, a sum not exceeding statistica. 
ten thousand dollars, the same to be in addi- 
tion to the amount appropriated in the pre- 
ceding year $10,000 00 

For printing laws, etc. : 

182 For printing the pamphlet edition of the acts Printing laws, 

and resolves of the present year, a sum not "*•'• 

exceeding ten thousand dollars .... $10,000 00 

183 For the printing of a cumulative index to the 

acts and resolves, a sum not exceeding one 

thousand dollars 1,000 00 

184 For printing and binding the blue book edition 

of the acts and resolves of the present year, 

a sum not exceeding twenty thousand dollars . 20,000 00 

185 For the purchase of reports of decisions of the 

supreme judicial court, a sum not exceeding 

five thousand dollars 5,000 00 

186 For the purchase of paper used in the execution 

of the contract for the state printing, a sum 
not exceeding one hundred seventy-five thou- 
sand dollars 175,000 00 

187 For printing and binding public documents, a sum 

not exceeding twenty-eight thousand dollars . 28,000 00 

Total $239,000 00 



96 



Acts, 1922. — Chap. 129. 



Election 
matters. 



Item 



188 



189 
190 



191 



192 



193 



194 



195 



Supervisor of 196 

Public 

Records. 

197 



198 



Census 
Division. 



For matters relating to elections : 

For personal and other services necessary for 
preparing and printing ballots for the primary 
elections, a sum not exceeding seventy-three 
thousand five hundred dollars .... 

For the printing and distribution of ballots, a 
sum not exceeding fifty-five thousand dollars . 

For the printing of blanks for town officers, elec- 
tion laws and blanks and instructions on all 
matters relating to elections, a sum not ex- 
ceeding sixty-five hundred dollars 

For furnishing cities and towns with ballot 
boxes, and for repairs to the same, a sum not 
exceeding three thousand dollars 

For expenses of publication of lists of candi- 
dates and forms of questions before state 

' elections, a sum not exceeding five thousand 
dollars 

For the purchase of apparatus to be used at 
polling places in the canvass and counting of 
votes, a sum not exceeding fifteen hundred 
dollars 

For administering the law to permit absent 
voters to vote at state elections, a sum not 
exceeding fifteen thousand dollars . 

For expenses of compiling and publishing infor- 
mation to voters, as required by section fifty- 
four of chapter fifty-four of the General Laws, 
a sum not exceeding forty thousand dollars . 



Supervisor of Public Records : 

For personal services of the supervisor, a sum 

not exceeding three thousand dollars . . $3,000 00 

For the purchase of ink for public records of the 
commonwealth, a sum not exceeding nine 
hundred dollars 900 00 

For traveling expenses of the supervisor of pub- 
lic records, a sum not exceeding thirteen hun- 
dred dollars 1,300 00 



Total $5,200 00 

Summer Census: 
199 For personal services and expense of taking 
a special census in towns having an in- 
creased resident population during the sum- 
mer months, to be covered by assessments 
upon the towns in which the work is done, 
a sum not exceeding one thousand dollars . $1,000 00 



Acts, 1922. —Chap. 129. 



97 



Item 



200 



201 



Decennial Census: 

For personal services of the census division of 
the department of the secretary of the com- 
monwealth, a sum not exceeding forty-eight 
hundred dollars 

For expenses of the census division of the de- 
];)artment of the secretar}^ of the common- 
wealth, a sum not exceeding five hundred 
dollars 

Total 



Medical Examiners' fees: 

202 For medical examiners' fees, as provided by law, 

a sum not exceeding one thousand dollars 

Refunding fees : 

203 For the refunding of certain fees under a ruling 

of the courts, with the approval of the secre- 
tary of the commonwealth, a sum not exceed- 
ing thirty thousand dollars .... 



Decennial 
Census. 



$4,800 00 



500 00 



$5,300 00 



Medical 
[,000 00 feer'"""'' 



Refunding fees. 



$30,000 00 



204 



205 



206 



207 



208 



Service of the Treasurer and Receiver General. 

For the salary of the treasurer and receiver 
general and other officers and employees hold- 
ing positions established by law, a sum not 
exceeding forty thousand five hundred fifty- 
three dollars and thirty-four cents . . . $40,553 34 

For services of additional clerical and other as- 
sistance, a sum not exceeding eleven thousand 
seven hundred and fifty dollars 11,750 00 

For services other than personal, traveling ex- 
penses, office sujjplies and equipment, a sum 
not exceeding nine thousand dollars . . . 9,000 00 

For the expenses of administering chapter two 
hundred and eleven of the General Acts of 
nineteen hundred and seventeen, a sum not 
exceeding twenty-five hundred and twenty 
dollars, to be paid from the receipts from 
taxes levied under authority of chapters two 
hundred and eighty-three and three hundred 
and forty-two of the General Acts of nine- 
teen hundred and nineteen .... 2,520 00 



Treasurer and 

Receiver 

General. 



Total 



Massachusetts State Firemen's Association: 
For relief disbursed, with the approval of the 
commissioners on firemen's relief, subject to 
the pro\dsions of law, a sum not exceeding 
seventeen thousand five hundred dollars 



J,823 34 



Massachusetts 
State Firemen's 
Association. 



$17,500 00 



98 



Acts, 1922. —Chap. 129. 



Item 

Commissioners 209 
on Firemen's 
ReUef. 



Payments to 
soldiers. 



For expenses of administration by the commis- 
sioners on firemen's relief, a sum not exceed- 
ing five hundred dollars 



$500 00 



Total S18,000 00 

Payments to soldiers: 

210 For personal services and other expenses in ad- 
ministering the provisions of chapter two 
hundred and eighty-three of the General Acts 
of nineteen hundred and nineteen, relative to 
suitable recognition of residents of Massachu- 
setts serving in the army or navy of the 
United States during the war with Germany, 
a sum not exceeding ninety-nine hundred and 
eighty dollars, the same to be payable from 
the receipts from taxes levied under said chap- 
ter and chapter three hundred and forty-two 
of the General Acts of nineteen hundred and 
nineteen, the same to be in addition to any 
amount heretofore appropriated for the pur- 
pose . $9,980 00 

210J For expenses and payments to persons in the 
military service authorized by chapter two 
hundred and eleven of the General Acts of 
nineteen hundred and seventeen, a sum not 
exceeding ten thousand dollars, to be paid 
from the receipts from taxes levied under 
authority of chapters two hundred and eighty- 
three and three hundred and forty-two of the 
General Acts of nineteen hundred and nine- 
teen 10,000 00 



Total $19,980 00 



State Board of 
Retirement. 



State Board of Retirement: 

211 For personal services in the administrative office 

of the state board of retirement, a sum not 

exceeding seventy-eight hundred dollars $7,800 00 

212 For services other than personal, printing the 

annual report, and for office supplies and 
equipment, a sum not exceeding thirtj'-four 
hundred and seventy-five dollars 3,475 00 

213 For requirements of annuity funds and pensions 

for employees retired from the state service 
under authority of law, a sum not exceeding 
eighty-five thousand dollars .... 85,000 00 



Total 



),275 00 



Acts, 1922. —Chap. 129. ' 99 



Requirements for Extinguishing the State Debt. 

Item 

214 For sinking fund requirements and for certain Requirements 

serial bonds maturing during the present year, imitate Debt'. 

the sum of one milHon eight hundred sevent^y- 
one thousand one humh-ed one dollars and 
twenty-eight cents, of which sum thirty-four 
thousand dollars for serial bonds for the aboli- 
tion of grade crossings shall be paid from the 
balance now in the treasury of the proceeds of 
the last loan for said purpose; two hundred 
and twenty-five thousand dollars for the de- 
velopment of the port of Boston loan shall be 
paid from the balance of the proceeds of the 
sale of the Boston dry dock out of the appro- 
priation made by section four of chapter two 
hundred and twentj^-five of the acts of nine- 
teen hundred and twenty, and sixty thousand 
dollars for serial bonds for the harbor im- 
provement loan shall be paid from the unex- 
pended balance now in the treasury of the 
proceeds of said loan $1,871,101 28 

Interest Requirements. 

215 For the payment of interest on the direct debt interest 

and temporary loans of the commonwealth, a Requirements, 

sum not exceeding one million seven hundred 
seventy-five thousand dollars . . . $1,775,000 00 

Service of the Auditor of the Commonwealth. 

216 For the salary of the auditor and other officers Auditor of the 

and employees holding positions established weait'h°°" 

by law, a sum not exceeding thirty-two thou- 
sand one hundred and forty dollars . . . $32,140 00 

217 For services of such additional clerical and other 

assistance as may be necessary, a sum not 

exceeding forty-two thousand dollars . . 42,000 00 

218 For services other than personal, traveling ex- 

penses, office supplies and equipment, a sum 

not exceeding eight thousand dollars . 8,000 00 



Total $82,140 00 

Unclassified Accounts and Claims. 
219 For the compensation of veterans of the civil Unclassified 

,',.,, I. I • j^i • Accounts and 

war and certam others formerly m the service Claims. 

of the commonwealth, now retired, a sum not 

exceeding seventy-five thousand dollars . . $75,000 00 



100 Acts, 1922. —Chap. 129. 

Item 

Unclassified 220 For the compensation of any veteran who may 
Claims '^ ^^'^ ^^ retired by the governor under the provisions 

of sections fifty-six to sixtj', inclusive, of chap- 
ter thirty-two of the General Laws, a sum not 
exceeding five hundred dollars .... $500 00 

221 For the compensation of certain prison officers 

and instructors formerly in the service of the 
commonwealth, and now retired, a sum not 
exceeding twenty-four thousand dollars . . 24,000 00 

222 For the compensation of state police officers 

formerly in the service of the commonwealth, 
and now retired, a sum not exceeding seven 
thousand dollars ....... 7,000 00 

223 For the compensation of certain women formerly 

employed by the sergeant-at-arms in cleaning 
the state house, and now retired, a sum not 
exceeding fifteen hundred and sixty dollars . 1,560 00 



Total $108,060 00 

For certain other aid : 

224 For the compensation of certain public em- 

ployees for injuries sustained in the course 
of their emplojmient, as provided by section 
sixtj^-nine of chapter one hundred and fifty- 
two of the General Laws, a sum not exceeding 
seventeen thousand dollars .... $17,000 00 

225 For the payment of certain annuities and pen- 

sions of soldiers and others under the pro- 
visions of certain acts and resolves, a sum 
not exceeding eighty-three hundred and four- 
teen dollars 8,314 00 



Total $25,314 00 

226 For expenses incurred in the construction and 

repair of roads in the town of Mashpee during 
the year nineteen hundred and tw^enty-one, 
the sum of three hundred dollars . . $300 00 

227 For maintenance of boulevards and parkways, 

with the approval of the metropolitan district 
commission, a sum not exceeding two hun- 
dred ten thousand five hundred dollars, repre- 
senting the state's portion or one half of the 
estimated cost of maintenance, to be paid 
from receipts in the Motor Vehicle Fees Fund 210,500 00 

228 For maintenance of Wellington bridge, with 

the approval of the metropolitan district com- 
mission, a sum not exceeding thirty-seven 
hundred and fifty dollars, representing the 
state's portion or one quarter of the estimated 
cost of maintenance 3,750 GO 



Acts, 1922. — Chap. 129. 101 

Item 

229 For reimbursing officials for prGmiums paid for Unclassified 

procuring sureties on their bonds, as provided C^m*^ *°^ 

bv existing laws, a sum not exceeding three 

hundred dollars $300 00 

230 For pajancnt in accordance with law of such 

claims as may arise in consequence of the 
death of firemen and of persons acting as fire- 
men, from injuries received in the discharge 
of their duties, a sum not exceeding eighteen 
thousand dollars . . . . _ . . 18,000 00 

231 For payment of any claims, as authorized by sec- 

tion eighty-seven of chapter thirty-two of the 
General Laws, for an allowance to the families 
of policemen killed or fatally injured in the 
discharge of their duties, a sum not exceeding 
one thousand dollars 1,000 00 

232 For small items of expenditure for which no ap- 

propriations have been made, and for cases in 
which appropriations have been exhausted or 
have reverted to the treasury in previous years, 
a sum not exceeding one thousand dollars . 1,000 00 

233 For reimbursement of persons for funds pre- 

\dously deposited in the treasury of the com- 
monwealth on account of unclaimed savings 
bank deposits, a sum not exceeding three thou- 
sand dollars .• • ■ ^,000 00 

234 For expenses incurred for the preparation of pre- 

liminary studies and estimates, as required by 
section nine of chapter twenty-nine of the 
General Laws, where no appropriation is 
made to carry out the improvement requested, 
a sum not exceeding five thousand dollars . 5,000 00 

235a For Arthur W. Scott in reimbursement on ac- 
count of a refund of salary representing an 
increase approved by the governor and coun- 
cil under a misapprehension, the sum of four 
hundred four dollars and nineteen cents . . 404 19 

235b For Frank M. Johnson of Gloucester, in full 
payment for certain damages sustained on 
account of his automobile having been run 
into by horses attached to a gun carriage in 
charge of members of the National Guard, 
battery A, second regiment, field artillery, the 
sum of one thousand dollars, said payment to 
, be made only upon the filing of satisfactory 
releases, or other evidence, that the payment 
is accepted in full compensation for all lia- 
bility for compensation on the part of the 
commonwealth 1,000 00 

235c For the Darrow-Mann Coal Company, the sum 
of one thousand thirteen dollars and nine 
cents, to be paid from the Port of Boston 
Fund, with the approval of the department 
of public works 1,013 09 



102 



Acts, 1922. — Chap. 129. 



Unclassified 
Accounts and 
Claims. 



Item 

235d For The American Legion, in reimbursement for 
certain expenses incurred in finding employ- 
ment for returned soldiers in accordance with 
the methods adopted by the commission ap)- 
pointed under chapter one hundred and 
twenty-five of the General Acts of nineteen 
hundred and nineteen, for aiding returned 
soldiers, sailors and marines in finding em- 
plojanent, the sum of fortj^-two hundred and 
forty-six dollars 

235e For Jane H. Hixon of Arlington, the sum of six 
hundred thirty-three dollars and thirty-three 
cents, being the remainder of the compensa- 
tion to which her husband, Charles F. Hixon, 
would have been entitled had he lived and 
continued as an elevator operator until the 
end of the fiscal year nineteen hundred and 
twenty-one 



S4,246 00 



Attorney 
General's 
Department. 



236 
237 



238 



633 33 



Total $250,146 61 

Service of the Attornsi/ General's Department. 

For the salary of the attorney general, the sum 

of eight thousand dollars $8,000 00 

For the compensation of assistants in his office, 
and for such other legal and personal services 
as may be required, a sum not exceeding 
eighty-two thousand dollars .... 82,000 00 

For services other than personal, traveling ex- 
penses, office supplies and equipment, a sum 
not exceeding twelve thousand dollars . 12,000 00 



Total $102,000 00 



Department 
of Agri- 
culture. 



Service of the Department of Agriculture. 

239 For the salary of the commissioner, a sum not 

exceeding five thousand dollars . $5,000 00 

240 For personal services of clerks and stenographers, 

a sum not exceeding twelve thousand eight 

hundred dollars . . ■ .• . ■ 12,800 00 

241 For trtfv'eling expenses of the commissioner, a 

sum not exceeding seven hundred and fifty 

dollars 750 00 

242 For services other than personal, printing the 

annual report, office supplies and equipment, 
and printing and furnishing trespass posters, 
a sum not exceeding sixty-two hundred dollars 6,200 00 

243 For compensation and expenses of members of 

the advisory board, a sum not exceeding 

twenty-two hundred dollars .... 2^200 00 



Acts, 1922. —Chap. 129. 



103 



Item 

244 



For services and expenses of apiary inspection, a 
sum not exceeding fifteen lumdred dollars 



SI, 500 00 



Division of Agricultural Information: 

245 For personal services, a sum not exceeding sixty- 

five hundred dollars 

246 For other expenses and for disseminating useful 

information in agi'iculture, a sum nut exceed- 
ing seventy-two hundred dollars 



Division of 
6,500 00 Aericultoral 
' Information. 

7,200 00 



Division of Dairying and Animal Husbandrj^ : 

247 For personal services, a sum not exceeding nine 

thousand dollars 

248 For other expenses, including the enforcement 

of the dairy laws of the commonwealth, a sum 
not exceeding forty-eight hundred dollars 

249 For expenses of demonstration sheep farms, a 

sum not exceeding forty-three hundred dollars 



Division of 
9,000 00 Dairying and 
' Animal 

Husbandry. 

4,800 00 
4,300 00 



Di\'ision of Plant Pest Control: 

250 For personal services, a sum not exceeding ten 

thousand seven hundred dollars 

251 For other expenses, a sum not exceeding sixty- 

three hundred dollars 



Division of 
10,700 00 Pl'^f Pest 



Control. 



6,300 00 



Division of Ornithology: 

252 For personal services, a sum not exceeding thirty- 

seven hundred dollars 

253 For other expenses, a sum not exceeding four 

hundred and fifty dollars 



Division of 
3,700 00 Ornithology. 

450 00 



Division of Markets: 

254 For personal services, a sum not exceeding four- 

teen thousand dollars 14,000 00 

255 For other expenses, a sum not exceeding five 

t.housand dollars 5,000 00 



Division of 
Markets. 



Di\nsion of Reclamation, Soil Survey and 
Fairs : 

256 For personal services, a sum not exceeding 

twelve thousand five hundred dollars 

257 For travel and other expenses, a sum not exceed- 

ing fifty-eight hundred and fifty dollars . 

258 For state prizes and agricultural exhibits, a sum 

not exceeding twenty-seven thousand dollars, 
the same to be in addition to any amount 
heretofore appropriated for this purpose, and 
any unexpended balance remaining at the end 
of the current fiscal year may be used in the 
succeeding year 

259 (This item omitted.) 



Division of 
12,500 00 Reclamation. 
Soil Survey 
and Fairs. 

5,850 00 



27,000 00 



104 



Acts, 1922. —Chap. 129. 



Item 

Department of 260 

Agriculture. 

Specials. 



261 



262 



262^ 



Specials: 

For work in protecting the pine trees of the 
commonwealth from white pine bhster rust, 
a sum not exceeding eight tliousand dollars, 
the same to be expended in co-operation with 
the federal authorities $8,000 00 

For quarantine and other expenses in connec- 
tion with the work of suppression of the 
European corn-borer, so-called, a sum not 
exceeding six thousand dollars .... 6,000 00 

For payments of claims on account of currant 
and raspberry bushes destroyed in the work 
of suppressing white pine blister rust, a sum 
not exceeding two hundred and fifty dollars . 250 00 

(This item omitted.) 

Total $160,000 00 



Drainage 
Board. 



Service of the Drninage Board. 

263 For expenses of the board, a sum not exceeding 
one thousand dollars 



S1,000 00 



Department 
of Con- 
servation. 



Division of 
Forestry. 



Service of the Department of Conservation. 

Administration : 

264 For the salary of the commissioner, a sum not 

exceeding five thousand dollars . . $5,000 00 

265 For traveling expenses of the commissioner, a 

sum not exceeding two hundred and fifty 

dollars 250 00 

Total $5,250 00 

Division of Forestry: 

266 For personal services of office assistants, a sum 

not exceeding ten thousand six hundred dol- 
lars . . . . . . . $10,600 00 

267 For services other than personal, including print- 

ing the annual report, and for traveling ex- 
penses of the secretary and necessary office 
supplies and equipment, a sum not exceeding 
fifty-five hundred dollars 5,500 GO 

268 For the salaries and expenses of foresters and 

necessary labor, supplies and equipment in 
maintaining forest tree nurseries, a sum not 
exceeding eleven thousand dollars . . . 11,000 00 

269 For the purchase of land and reforesting the 

same (as authorized by section ten of chapter 
one hundred thirty-two of tiie General Laws), 
a sum not exceeding ten thousand dollars . 10,000 00 



Acts, 1922. —Chap. 129. 105 

Item 

270 For aiding towns in the purchase of equipment Division of 

for extinguishing forest fires and for making Forestry. 

protective belts or zones as a defense against 

forest fires, a sum not exceeding one thousand 

dollars $1,000 00 

271 For the personal services of the state fire warden 

and his assistants, and for other services, in- 
cluding traveling expenses of the fire warden 
and his assistants, necessary supplies and 
equipment and materials used in new con- 
struction in the forest fire prevention service, 
a sum not exceeding forty-eight thousand dol- 
lars, the same to be in addition to any funds 
allotted to Massachusetts by the federal 
authorities 48,000 00 

272 For the suppression of the gypsy and brown tail 

moths, and for expenses incidental thereto, a 
sum not exceeding one hundred sixty-five 
thousand dollars, the same to be in addi- 
tion to any amount heretofore appropriated 
for this purpose, and any unexpended balance 
remaining at the end of the current fiscal year 
may be used in the succeeding year . . 165,000 00 

273 For the planting and maintenance of state 

forests, a sum not exceeding twenty-five 

thousand dollars 25,000 00 

274 For the purchase and development of state 

forests, and for the maintenance of nurseries 
for the growing of seedlings for the planting 
of state forests, as authorized by section thirty- 
six of chapter one hundred and thirty-two of 
the General Laws, a sum not exceeding two 
hundred thousand dollars, the same to be in 
addition to any amount heretofore appropri- 
ated for this purpose, and any unexpended 
balance remaining at the end of the current 
fiscal year may be used in the succeeding year 200,000 00 

275 (This item omitted.) 

276 For the maintenance of the Standish monument 

reservation, a sum not exceeding fifteen hun- 
dred dollars 1,500 00 

277 For the maintenance of Mount Grace state 

forest, a sum not exceeding one thousand 

dollars 1,000 00 

278 For reimbursement to certain towns, as author- 

ized by section twenty-four of chapter forty- 
eight of the General Laws, a sum not exceed- 
ing one thousand dollars 1,000 00 



Total $479,600 00 



106 



Acts, 1922. —Chap. 129. 



Item 

Division of '?7Q 

Fisheries and •^'•^ 
Game. 

280 



281 



282 



Enforcement of 2SS 
laws. 



284 



Biological work. 285 



286 



Propagation of 987 

game birds, 

etc. 



Marine fisheries. 288 

289 



Division of Fisheries and Game: 

For the salary of the director, a sum not exceed- 
ing four thousand dollars $4,000 00 

For personal service of office assistants, a sum 

not exceeding eighty-six hundred dollars . . 8,600 00 

For services other than personal, including print- 
ing the annual report, traveling expenses and 
necessary office supplies and equipment, a 
sum not exceeding eleven thousand eight hun- 
dred dollars . 11,800 00 

For expenses of exhibitions and other measures 
to increase the interest of the public in the 
protection and propagation of fish and game, 
a sum not exceeding one thousand dollars . 1,000 00 

Enforcement of laws: 

For personal services of fish and game wardens, 
a sum not exceeding fifty-seven thousand five 
hundred dollars 57,500 00 

For traveling expenses of fish and game wardens, 
and for other expenses necessary for the en- 
forcement of the laws, a sum not exceeding 
twenty-four thousand three hundred dollars . 24,300 00 

Biological work: 

For personal services to carry on biological work, 
a sum not exceeding forty-three hundred dol- 
lars . 4,300 00 

For traveling and other expenses of the biologist 
and his assistants, a sum not exceeding twenty- 
four hundred dollars 2,400 00 

Propagation of game birds, etc.: 
For the maintenance of game farms and fish 
hatcheries, and for the propagation of game 
birds and animals and food fish, a sum not 
exceeding eighty-five thousand dollars . . 85,000 00 

Marine fisheries: 

For personal services for regulating the sale and 
cold storage of fresh food fish, a sum not ex- 
ceeding seven thousand dollars .... 7,000 00 

For other expenses for regulating the sale and 
cold storage of fresh food fish, a sum not ex- 
ceeding twenty-one hundred dollars . 2,100 00 



For certain 290 

improvements. 

291 



Total $208,000 00 

For certain improvements to be made under 
the direction of the Division of Fisheries 
and Game, as follows : 

At the Montague rearing station, a sum not ex- 
ceeding twenty-five hundred dollars . . . $2,500 00 

At the Palmer hatchery, a sum not exceeding 

twelve hundred dollars 1,200 00 



Acts, 1922. —Chap. 129. 



107 



Item 

292 

292§ 

293 
294 

295 

295i 

2951 



296 



297 



298 
299 



300 



301 



302 



303 



At the Marshfiold bird fann, a sum not exceed- 
ing fifteen hundred and fifty dohars 

At the Martlia's Mneyard reservation, a sum 
not exceeding three hundred and fifty dollars . 

(This item omitted.) 

At the Sandwich fish hatchery, a sum not exceed- 
ing two thousand dollars 

At the Sandwicli bird farm, a sum not exceeding 
one thousand dollars 

At the Sutton hatchery, a sum not exceeding 
twelve hundred dollars 

At the Wilbraham game farm, a sum not exceed- 
ing twenty-one hundred and fifty dollars 



Division of 
ei ecn f\f\ Fis'iories and 
!S> 1,550 00 Game. 

For certain 
350 00 '™P'"''vement8. 



2,000 00 
1,000 00 
1,200 00 
2,150 00 



Total 111,950 00 

Claims for Damages by Wild Deer: 
For the payment of damages caused by wild deer 
and wild moose, for the present year and pre- 
vious years, as provided by law, a sum not 
exceeding six thousand dollars .... 



Bounty on Seals : 
For bounties on seals, a sum not exceeding one 
hundred dollars 

Division of Animal Industry: 

For the salary of the director, a sum not exceed- 
ing thirty-five hundred dollars .... 

For personal services of clerks and stenographers, 
a sum not exceeding eighty-one hundred dol- 
lars 

For services other than personal, including print- 
ing the annual report, traveling expenses of 
the director, and office supplies and equip- 
ment, a sum not exceeding fifty-two hundred 
dollars 

For personal services of veterinarians and agents 
engaged in the work of extermination of con- 
tagious diseases among domestic animals, a 
sum not exceeding forty-seven thousand dol- 
lars 

For the traveling expenses of veterinarians and 
agents, a sum not exceeding twenty-three 
thousand dollars 

For reimbursement of owners of cattle and 
horses killed during the present and previous 
years, travel, when allowed, of inspectors of 
animals, incidental expenses of killing and 
and burial, ciuarantine and emergency serv- 
ices, and for laboratory and veterinary sup- 
plies and equipment, a sum not exceeding 
seventy-one thousand dollars .... 



Claims for 
Damages by- 
Wild Deer. 



$6,000 00 



Bounty on 

$100 00 ^«'*''- 



Division of 
J, 500 00 Industry. 



8,100 00 

5,200 00 

47,000 00 
23,000 00 



71,000 00 



Total $157,800 00 



108 



Acts, 1922. —Chap. 129. 



Item 



Reimbursement 304 

of towns 

for Inspectors 

of Animals. 



Reimbursement of towns for Inspectors of 

Animals : 

For the reimbursement of certain towns for 

compensation paid to inspectors of animals, 

a sum not exceeding seven thousand dollars . 



$7,000 00 



Department 305 

of Banking and 

Insurance. 

Division of 306 

Banks and 

Loan Agencies. 



307 



Service of Department of Banking and Insurance. 

Di\asion of Banks and Loan Agencies: 
For salary of the commissioner, the sum of six 

thousand dollars . . . . . . . $6,000 00 

For services of directors, examiners and assist- 
ants, clerks, stenographers and experts, a sum 
not exceeding two hundred sixty-two thou- 
sand dollars . . 262,000 00 

For services other than personal, printing the 
annual report, traveling expenses, office sup- 
plies and equipment, a sum not exceeding one 
hundred and eight thousand dollars . 108,000 00 

Total $376,000 00 



Supervisor of 308 
Loan Agencies. 



309 



310 



Registration 
of Public 
Accountants. 



311 



Division of 
Insurance. 



312 
313 



Supervisor of Loan Agencies: 

For salary of the deputy appointed supervisor, 
a sum not exceeding thirtv-five hundred dol- 
lars . . . . ' $3,500 00 

For services of assistants in the supervisor's 
office, a sum not exceeding thirtj^-nine hundred 
and sixty dollars 3,960 00 

For services other than personal, printing the 
annual report, office supplies and equipment, 
a sum not exceeding eight hundred dollars . 800 00 



Total 



$8,260 00 



Registration of Public Accountants: 
For examinations and registration of public ac- 
countants, including personal services of ex- 
aminers, other services and necessary supplies 
and equipment, the said expenses to be in- 
curred under the direction and with the ap- 
proval of the commissioner of banks, a sum 
not exceeding twenty-three hundred dollars . $2,300 00 

Division of Insurance : 

For personal services of the division, a sum not 

exceeding ninety-six thousand dollars . $96,000 00 

For other services, including printing the annual 
report, traveling exjienses, and necessary office 
supplies and equipment, a sum not exceeding 
twenty-five thousand five hundred dollars . 25,500 00 



Total $121,500 00 



Acts, 1922. —Chap. 129. 109 

Item 

Board of Appeal on Fire Insurance Rates: 

314 For expenses of the board, a sum not exceeding Board of 

two hundred dollars $200 00 ^,l^^^J^l'^ ^'^« 

_^... . ri • T-> T-i-T Rates. 

Division of Savings Banks Liie Insurance: 

315 For personal services of officers and employees, Division of 

a sum not exceeding eighteen thousand nine Lifrinsurance 

hundred dollars ....... $18,900 00 

316 For publicity, including traveling expenses of one 

person, a sum not exceeding fifteen hundred 

dollars .■ . • • I'-'^OO 00 

317 For services other than personal, printing the 

annual report and traveling expenses, office 
supplies and equipment, a sum not exceeding 
forty-five hundred dollars 4,500 00 

318 For encouraging and promoting old age annui- 

ties and the organization of mutual benefit 
associations among the employees of indus- 
trial plants in the commonwealth, a sum not 
exceeding three thousand dollars . 3,000 00 

Total $27,900 00 

Service of the Department of Corporations and Taxation. 

319 For the salaries of the commissioner and certain Department of 

positions filled by the commissioner, with the and^Taxation 

approval of the governor and council, a sum 

not exceeding forty-six thousand one hundred 

and fifty-five dollars ' $46,155 00 

320 For the services of additional clerical and other 

assistance, a sum not exceeding ninety-five 

thousand dollars 95,000 00 

321 For traveling expenses, a sum not exceeding 

sixty-five hundred dollars 6,500 00 

322 For other services and for necessary office sup- 

plies and equipment, and for printing the an- 
nual report, other publications and valuation 
books, a sum not exceeding twenty-eight thou- 
sand dollars 28,000 00 

(The above item is substituted for items Nos. 
322 and 323.) 

323 (This item omitted.) 



Total $175,055 00 

Income Tax Division (the following appro- 
priations are to be made from the receipts 
from the income tax) : 
324 For personal services of the deputy, assistants, income Tax 

assessors, assistant assessors, clerks, stenog- Division. 

raphers and other necessary assistants, a sum 

not exceeding three hundred fifteen thousand 

dollars $315,000 00 



110 



Acts, 1922. — Chap. 129. 



Income Tax 
Division. 



Item 

325 



326 



Division of 
Accounts. 



327 
328 



329 



330 



Reimbursement qqi 
to cities and 
towns for loss 
of certain taxes. 



Department of 009 
Education. '^'^'^ 



333 



334 



For traveling expenses of members of the di- 
vision, a sum not exceeding nine thousand 
dollars $9,000 00 

For services other than personal and for office 
supplies and equipment, a sum not exceeding 
one hundred thirty-five thousand dollars 135,000 00 

Total $459,000 00 

Division of Accounts : 

For personal services, a sum not exceeding fortj'- 

two thousand dollars $42,000 00 

For other expenses, a sum not exceeding eleven 

thousand dollars 11,000 00 

For services and expenses of auditing and in- 
stalling municipal accounts, the cost of which 
is to be assessed upon the municipalities for 
which the work is done, a sum not exceeding 
fifty thousand dollars 50,000 00 

For the expense of certain books, forms and other 
material, which may be sold to cities and towns 
requiring the same for maintaining their sys- 
tem of accounts, a sum not exceeding five thou- 
sand dollars 5,000 00 

Total $108,000 00 



For reimbursing cities and towns for loss of taxes 
on land used for state institutions, as certified 
by the commissioner of corporations and taxa- 
tion, for the fiscal year ending November thir- 
tieth, nineteen hundred and twenty-two, a 
sum not exceeding seventy-one thousand dol- 
lars 



$71,000 00 



Service of the Department of Education. 

For the personal services of officers, agents, 
clerks, stenographers and other assistants, but 
not including those employed in university 
extension work, a sum not exceeding eighty- 
seven thousand five hundred dollars. 

For the training of teachers for vocational schools 
to comply with the requirements of federal 
authorities under the provisions of the Smith- 
Hughes act, so-called, a sum not exceeding 
thirty thousand eight hundred and twenty- 
five dollars 

For traveling expenses of members of the board 
and of agents and employees when required 
to travel in discharge of their duties, a sum 
not exceeding nine thousand dollars . 



$87,500 00 

30,825 00 
9,000 00 



Acts, 1922. —Chap. 129. Ill 

Item 

335 For services other than personal, necessary office Department of 

supphes, and for ])rintin,<z; the annual report Education. 

and bulletins as provided by law, a sum not 

exceeding sixteen thousand three hundred 

dollars $16,300 00 

336 P\)r expenses incidental to furnishing school 

committees with rules for testing the sight 
and hearing of pupils, a sum not exceeding 
twenty-three hundred dollars .... 2,300 00 

337 For printing school registers and other school 

blanks for cities and towns, a sum not ex- 
ceeding twenty-four hundred dollars . 2,400 00 
33S For assisting small towns in providing them- 
selves with school superintendents, as pro- 
vided by law, a sum not exceeding one hun- 
dred eighteen thousand dollars .... 118,000 00 

339 For the reimbursement of certain towns for the 

payment of tuition of children attending high 
schools outside the towns in which they reside, 
as provided by law, a sum not exceeding one 
hundred fiftv-two thousand three hundred 
dollars . ^ 152,300 00 

340 For the reimbursement of certain towns for the 

transportation of pupils attending high schools 
outside the towns in which they reside, as pro- 
vided by law, a sum not exceeding ninety-two 
thousand nine hundred dollars .... 92,900 00 

341 For the reimbursement of certain cities and 

towns for a part of the expense of maintain- 
ing agricultural and industrial vocational 
schools, as provided by law, a sum not ex- 
ceeding one million seven thousand four hun- 
dred eighty-five dollars and seven cents . . 1,007,485 07 

342 For the promotion of vocational rehabilitation 

and co-operation with the federal government, 
Avith the approval of the department of edu- 
cation, a sum not exceeding fifteen thousand 
dollars 15,000 00 

343 For the education of deaf and blind pupils of the 

commonwealth, as provided by section twenty- 
six of chapter sixty-nine of the General Laws, 
a sum not exceeding three hundred fifteen 
thousand dollars 315,000 00 

344 For expenses of holding teachers' institutes, a 

sum not exceeding two thousand dollars . . 2,000 00 

345 For aid to certain pupils in normal schools under 

the direction of the department of educa- 
tion, a sum not exceeding four thousand dol- 
lars, 4,000 00 



Total 11,855,010 07 



112 



Acts, 1922. — Chap. 129. 



English Speak- 
ing Classes for 
Adults. 



Item 



346 



347 
348 



English Speaking Classes for Adults: 
For personal services of administration, a sum 
not exceeding eleven thousand four hundred 
dollars . . . . . . . . $11,400 00 

For other expenses of administration, a sum not 

exceeding seven thousand dollars . . . 7,000 00 
For reimbursement of certain cities and towns, 
a sum not exceeding one hundred thirty thou- 
sand dollars 130,000 00 



Total $148,400 00 



University 
Extension 
Courses. 



University Extension Courses: 

349 For personal services, a sum not exceeding one 

hundred thirty-eight thousand dollars . $138,000 00 

350 For other expenses, a sum not exceeding fifty 

thousand dollars 50,000 00 



Total $188,000 00 



Division of 
Immigra- 
tion and 
Americaniza- 
tion. 



351 



352 



Division of 

Public 

Libraries. 



353 



354 



Division of Immigration and Americanization : 
For personal services, a sum not exceeding 

twenty-nine thousand seven hundred and fifty 

dollars . $29,750 00 

For other expenses, a sum not exceeding eight 

thousand dollars 8,000 00 



Total $37,750 00 

Division of Public Libraries: 

For personal services of regular agents and office 
assistants, a sum not exceeding ninety-four 
hundred dollars ....... $9,400 00 

For other services, including printing the annual 
report, traveling expenses, necessary office 
supplies, and expenses incidental to the aiding 
of public libraries, a sum not exceeding thir- 
teen thousand seven hundred and ninety 
dollars 13,790 00 

Total $23,190 00 



Division of 
the Bhnd. 



Division of the Blind: 
355 For general administration, furnishing informa- 
tion, industrial and educational aid, and for 
carrying out the other provisions of the laws 
establishing said division, a sum not exceed- 
ing sixty-seven thousand seven hundred dol- 
lars 



$67,700 00 



Acts, 1922. —Chap. 129. 113 

Item 

356 For inaintcnancc of industries under the control Biind'°" °^ ^^^ 

of said division, a sum not exceeding sixty-two 
thousand dollars, the same to be in addition 
to the income collected by the division from 
sales of products . . . . . . . $62,000 00 

357 For instruction of the adult blind in their homes, 

a sum not exceeding ninety-seven hundred 

dollars . . . . . . . 9,700 00 

358 For expenses of providing sight-saving classes, 

with the approval of the division of the blind, 

a sum not exceeding ten thousand dollars 10,000 00 

359 For aiding the adult blind, subject to the condi- 

tions provided by law, a sum not exceeding 

eighty-six thousand three hundred dollars . 86,300 00 

360 For payment of certain invoices for materials 

for manufacture used in the industries of the 
division, and purchased in previous years, a 
sum not exceeding thirty thousand dollars . 30,000 00 

Total $265,700 00 

Teachers' Retirement Board: 

361 For personal services of employees, a sum not Teachers' 

exceeding eighty-one hundred dollars . . $8,100 00 g°^|.'"|'"^°* 

362 For services other than personal, including print- 

ing the annual report, traveling expenses and 
office supplies and equipment, a sum not ex- 
ceeding twenty-four hundred dollars . . 2,400 00 

363 For payment of pensions to retired teachers, a 

sum not exceeding two hundred forty-eight 

thousand dollars . •.-.•. • • • 248,000 00 

364 For reimbursement of certain cities and towns 

for pensions to retired teachers, a sum not 
exceeding fifty-seven thousand forty-five dol- 
lars and ninety-three cents .... 57,045 93 



Total . . . . • $315,545 93 

Massachusetts Nautical School: 

365 For personal services of the secretary and office Massachusetts 

assistants, a sum not exceeding four thousand School 

dollars $4,000 00 

366 For services other than regular clerical services, 

including printing the annual report, rent, 
office supplies and equipment, a sum not ex- 
ceeding twenty-six hundred dollars . . . 2,600 00 

367 For the maintenance of the school and ship, a 

sum not exceeding eighty-six thousand dollars 86,000 00 

Total . . . . ' $92,600 00 



114 



Acts, 1922. — Chap. 129. 



Massachusetts 

Agricultural 

College. 



Item 



368 



369 



370 
371 
372 



Maintenance 
of state 
normal schools. 



373 



374 
375 



376 
377 



378 



379 



Massachusetts Agricultural College: 

For maintenance and current expenses, a sum 
not exceeding eight hundred thirty-six thou- 
sand two hundred and eighty-five dollars 

For the construction of a building for a chemical 
laboratory, including the expense of all pipe 
lines and other service connections and equip- 
ment and furnishings, at a cost not to exceed 
three hundred thousand dollars, of which 
amount one hundred and fifty thousand dol- 
lars is hereby appropriated in anticipation of 
a further sum of one hundred and fiftj^ thou- 
sand doUars to be appropriated in the fiscal 
year nineteen hundred and twenty-three, pro- 
vided, however, that no contract shall be let 
for the erection of the building until plans 
have been prepared and submitted for the 
completion of the building and its connec- 
tions and equipment and furnishings, for a 
sum not exceeding three hundred thousand 
dollars 

For certain improvements at power plant, a sum 
not exceeding sixty-nine thousand dollars 

For certain improvements at Tillson farm, a sum 
not exceeding five thousand dollars . 

For the purchase of Brooks farm, a sum not ex- 
ceeding fifteeu thousand dollars 

Total 



$836,285 00 



150,000 00 
69,000 00 



5.000 00 



15,000 00 
$1,075,285 00 



For the maintenance and improvement of the 
state normal schools, and the boarding halls 
attached thereto, with the approval of the 
commissioner of education, as follows: 

Bridgewater normal school, a sum not exceeding 
one hundred twenty-one thousand and fifty 
dollars $121,050 00 

Bridgewater normal school iDoarding hall, a sum 

not exceeding eighty-four thousand dollars . 84,000 00 

Fitchburg normal school, a sum not exceeding 
one hundred forty-one thousand four hundred 
and fifty dollars 141,450 00 

Fitchburg normal school boarding hall, a sum 

not exceeding forty-one thousand dollars . 41,000 00 

For the construction and equipment of a central 
heating plant at the Fitchburg normal school, 
a sum not exceeding sevent}^ thousand dollars 70,000 00 

Framingham normal school, a sum not exceeding 
one hundred twenty-four thousand seven hun- 
dred dollars ........ 124,700 00 

Framingham normal school boarding hall, a sum 
not exceeding one hundred three thousand 
dollars 103,000 00 



normal schools. 



Acts, 1922. —Chap. 129. 115 

Item 

380 Hyannis normal school, a sum not exceeding Maintenance 

fortv-two thousand two hundred and sevent}'^ nfrma?? 

dollars $42,270 00 

381 Hyannis normal school boarding hall, a sum not 

exceeding twenty-nine thousand nine hundred 

and thirty dollars 29,930 00 

382 Lowell normal school, a sum not exceeding fifty- 

"nine thousand dollars 59,000 00 

383 North Adams normal school, a sum not exceed- 

ing sixtv-one thousand seven hundred and 

fifty dollars 61,750 00 

384 North Adams normal school boarding hall, a sum 

not exceeding twenty thousand six hundred 

dollars 20,000 00 

385 Salem normal school, a sum not exceeding one 

hundred eighteen thousand and fifty dollars . 118,050 00 

386 \Vestfield normal school, a sum not exceeding 

sixty-two thousand five hundred and ninety 

dollars 62,590 00 

387 Westfield normal school boarding hall, a sum 

not exceeding twenty-five thousand seven 

hundred dollars 25,700 00 

388 Worcester normal school, a sum not exceeding 

sixty-four thousand seven hundred and ten 

dollars 64,710 00 

389 Worcester normal school boarding hall, a sum 

not exceeding seventy-seven hundred dollars . 7,700 00 

390 Normal art school, a sum not exceeding seventy- 

three thousand five hundred and twenty-five 

dollars 73,525 00 



Total $1,251,025 00 

Textile schools : 

391 For the maintenance of the Bradford Durfee Bradford 

Textile School of Fall River, a sum not ex- Te^me 

ceeding sixty-five thousand six hundred and School^ 

seventy-five dollars, of which sum ten thou- 
sand dollars is to be contributed by the city 
of Fall River, and the city of Fall River is 
hereby authorized to raise by taxation the said 
sum of ten thousand dollars .... $65,675 00 

392 For the purchase of six looms with twenty har- 

ness dobbies for the Bradford Durfee Textile 
School of Fall River, a sum not exceeding 
twelve hundred dollars 1,200 00 

393 For the maintenance of the Lowell textile school, Lowell 

a sum not exceeding one hundred sixty-nine sT''''f 

thousand six hundred dollars, of which sum 

ten thousand dollars is to be contributed by 

the city of Lowell, and the city of Lowell is 

hereby authorized to raise by taxation the / 

said sum of ten thousand dollars . . 169,600 00 



116 



Acts, 1922. —Chap. 129. 



New Bedford 

Textile 

School. 



Item 

394 For the maintenance of the New Bedford textile 

school, a sum not exceeding seventy-five thou- 
sand two hundred dollars, of which sum ten 
thousand dollars is to be contributed by the 
city of New Bedford, and the city of New 
Bedford is hereby authorized to raise by taxa- 
tion the said sum of ten thousand dollars 
394^ For the construction of an addition to the pres- 
ent building of the New Bedford textile school, 
a sum not exceeding fifty thousand dollars, 
providing said sum shall not be available for 
expenditure until the city of New Bedford 
shall have purchased certain land for its site, 
and said city is hereby authorized to make 
the purchase and cause the title to said land 
to be transferred to the commonwealth . 

395 For renovating the toilet room at the New Bed- 

ford textile school, a sum not exceeding fifteen 
hundred dollars 



S75,200 00 



50,000 00 



1,500 00 



Total S363,175 00 



Department 
of Civil 
Service and 
Registration. 



Service of the Department of Civil Service and Registration. 

396 For personal services of telephone operator for 
the department, a sum not exceeding eight 
hundred and forty dollars $840 00 



Division of 
Civil Service. 



Division of Civil Service: 

397 For personal services of the division, a sum not 

exceeding seventy-nine thousand five hundred 

dollars . . $79,500 00 

398 For other services and for printing the annual 

report, and for office supplies and equipment, 
a sum not exceeding thirty-five thousand 
dollars . . . . . 35,000 00 

399 For services and traveling expenses in conduct- 

ing investigations, as provided by sections 
thirty-three and thirty-four of chapter thirty- 
one of the General Laws, a sum not exceeding 
one thousand dollars 1,000 00 

Total $115,500 00 



Division of 
Registration. 



Division of Registration: 

400 For the salary of the director, a sum not exceed- 

ing fifteen hundred dollars $1,500 00 

401 For expenses of the director, a sum not exceed- 

ing twelve hundred and fifty dollars . . 1,250 00 



Total 



^2,750 00 



Acts, 1922. — Chap. 129. 



117 



Item 



402 



403 



404 



405 



Board of Registration in Medicine: 

For services of the members of the board, a sum 
not exceeding forty-three Jiundred dcjllars 

For services of office assistants, a sum not ex- 
ceeding eighteen hundred and sixty dollars . 

For personal services of members of the board 
and examiners for the registration of chiropo- 
dists, a sum not exceeding six hundred dollars 

For services other than personal, including print- 
ing of the annual report, traveling expenses, 
rent of office, office supplies and equipment, 
a sum not exceeding three thousand dollars . 

Total 



Board of 
$4,300 00 Kesistration 
' in Medicine. 

1,860 00 



GOO 00 



3,000 00 



),760 00 



Board of Dental Examiners: 

406 For services of the members of the board and 

clerical assistance, a sum not exceeding thirty- 
five hundred dollars 

407 For other services, including printing the an- 

nual report, and for rent, traveling expenses, 
office supplies and equipment, a sum not ex- 
ceeding twenty-five hundred dollars 

Total 



5,500 00 



2,500 00 



Board of 

Dental 

Examiners. 



5,000 00 



Board of Registration in Pharmacy: 

408 For personal services of members of the board, 

a sum not exceeding thirty-eight hundred 

dollars $3,800 00 

409 For services of the agent and office assistants, a 

sum not exceeding thirty-eight hundred dollars 3,800 00 

410 For services other than personal, printing the 

annual report, traveling expenses, office sup- 
plies and equipment, a sum not exceeding 
forty-four hundred dollars 4,400 00 



Board of 
Registration 
in Pharmacy. 



Total $12,000 00 



Board of Registration of Nurses: 

411 For services of members of the board, a sum not 

exceeding twenty-one hundred dollars 

412 For services of clerical assistants in their office, 

a sum not exceeding fifteen hundred dollars . 

413 For services other than personal, printing the 

annual report, office rent, traveling expenses 
and office supplies and equipment, a sum not 
exceeding twenty-one hundred and twenty-five 
dollars 



Board of 
$2,100 00 otfursel"" 



1,500 00 



2,125 00 



Total 



>,725 00 



118 



Acts, 1922. — Chap. 129. 



Board of 
Re<!;istration 
in Embalming. 



Item 



414 



415 



Board of Registration in Embalming: 
For compensation of members of the board and 
services of their clerk, a sum not exceeding 

fourteen hundred dollars $1,400 00 

For services other than personal, including trav- 
eling expenses, supplies and office equipment, 
a sum not exceeding fifteen hundred dollars . 1,500 00 



Total $2,900 00 



Board of 
Registration 
in Optometry. 



416 



417 



418 



Board of 
Kee;istration in 
Veterinary 
Medicine. 



419 



420 



Board of Registration in Optometry: 
For personal services of members of the board, 

a sum not exceeding nineteen hundred dollars $1,900 00 
For clerical services, a sum not exceeding fiftv 

dollars ........". 50 00 

For other services, printing the annual report, 
office supplies and equipment, and traveling 
expenses of the members of the board, a sura 
not exceeding seven hundred and fifteen dollars 715 00 

Total $2,665 00 

Board of Registration in Veterinary Medicine: 
For services of the members of the board and 
secretary, a sum not exceeding six hundred 
dollars . . . . . . . . $600 00 

For other services, printing the annual report, 
traveling expenses, office supplies and equip- 
ment, a sum not exceeding four hundred dol- 
lars 400 00 



State 

Examiners of 
Electricians. 



421 



422 



Total $1,000 00 

State Examiners of Electricians: 
For personal services of the secretary and as- 
sistants, a sum not exceeding five thousand 
and fifty dollars . . . $5,050 00 

For other expenses, including printing the an- 
nual report, traveling expenses, office supplies 
and equipment, a sum not exceeding three 
thousand dollars 3,000 00 



Total 



>,050 00 



Department of 

Industrial 

Accidents. 



423 



424 



Service of the Departinent of Industrial Accide^its. 

For personal services of members of the board, 
secretaries, medical adviser and inspectors, a 
sum not exceeding fifty-four thousand nine 
hundred and sixty dollars . . . $54,960 00 

For personal services of clerks and office assist- 
ants, a sum not exceeding seventy thousand 
five hundred dollars 70,500 00 



Acts, 1922. —Chap. 129. 119 

Item 

425 For expenses of impartial examinations, a sum Department of 

not exceeding twenty-five thousand dollars . $25,000 00 Accident. 

426 For traveling expenses, a sum not exceeding 

fifty-nine hundred and forty dollars 5,940 00 

427 For other services, printing the annual report, 

necessary office supplies and equipment, a 
sum not exceeding eleven thousand three 
hundred dollars 11,300 00 



Total $167,700 00 

Service of the Department of Labor and Industries. 

428 For salarv of the commissioner, assistant and Department of 

• r • • , J • Labor and 

associate commissioners, a sum not exceeding industries, 

twent}' thousand five hundred dollars . . $20,500 00 

429 For clerical and other assistance to the commis- 

sioner, a sum not exceeding forty-five hundred 

and thirty dollars 4,530 00 

430 For personal services for the inspectional service, 

a sum not exceeding one hundred thousand 

seven hundred dollars . . . . 100,700 00 

431 For personal services for the statistical service, 

a sum not exceeding thirty-four thousand 

three hundred and ten dollars .... 34,310 00 

432 For clerical and other personal services for the 

operation of free employment offices, a sum 
not exceeding forty-five thousand five hun- 
dred dollars . . _ 45,500 00 

433 For clerical and other assistance for the board • 

of conciliation and arbitration, a sum not ex- 
ceeding si.xteen thousand dollars . . . 16,000 00 

434 For personal services of investigators, clerks and 

stenographers for the minimum wage service, 

a sum not exceeding twelve thousand dollars . 12,000 00 

435 For compensation and expenses of wage boards, 

a sum not exceeding thirty-seven hundred and 

fifty dollars 3,750 00 

436 For personal services for the division of stand- 

ards, a sum not exceeding twenty thousand 

six hundred dollars 20,600 00 

437 For personal services of inspectors in surveying 

lumber, a sum not exceeding thirty-four thou- 
sand one hundred and sixty dollars . 34,160 00 

438 For traveling expenses of the commissioner, as- 

sistant commissioner, associate commissioners 
and inspectors of labor, a sum not exceeding 
fifteen thousand four hundred dollars . . 15,400 00 

439 For services other than personal, printing the 

annual report, rent of district offices, and 
office supplies and equipment for the inspec- 
tional service, a sum not exceeding thirteen 
thousand dollars 13,000 00 



120 



Acts, 1922. — Chap. 129. 



Department of 
Labor and 
Industries. 



Item 

440 



441 



442 



443 



444 



445 



For senaces other than personal, printing reports 
and publications, traveling expenses and office 
supplies and equipment for the statistical serv- 
ice, a sum not exceeding ten thousand five 
hundred dollars $10,500 00 

For rent, necessary office supplies and equip- 
ment for the free employment offices, a sum 
not exceeding sixteen thousand six hundred 
dollars 

For other services, printing, traveling expenses 
and office supplies and equipment for the 
board of conciliation and arbitration, a sum 
not exceeding six thousand dollars 

For services other than personal, printing, trav- 
eling expenses and office supplies and equip- 
ment for minimum wage service, a sum not 
exceeding thirty-five hundred dollar^ 

For other services, printing, traveling expenses 
and office supplies and equipment for the 
division of standards, a sum not exceeding 
eleven thousand six hundred dollars . 

For travel and expenses of the inspectors for sur- 
veying lumber, a sum not exceeding forty- 
eight hundred and ninety dollars 



16,600 00 



6,000 00 



3,500 00 



11,600 00 



4,890 00 



Total 



$373,540 OO 



Commission on 446 
Foreign and 
Domestic 
Commerce. 

447 



Commission on Foreign and Domestic Com- 
merce : 

For personal services of employees of the com- 
mission, a sum not exceeding thirty-five hun- 
dred dollars 

For other expenses of the commission, a sum 
not exceeding fifteen hundred dollars 

Total 



53,500 00 
1,500 00 



$5,000 00 



Department 
of Mental 
Diseases. 



Service of the Department of Mental Diseases. 

448 For personal services of the director, officers and 

employees, a sum not exceeding eighty-two 

thousand dollars . . _. . $82,000 00 

449 For transportation and medical examination of 

state paupers under its charge for the present 
year and previous years, a sum not exceeding 
fifteen thousand dollars . . _ . 15,000 00 

450 For the support of insane paupers l:)oarded in 

families under its charge, or temporarily ab- 
sent under authority of the same, for the 
present year and previous years, a sum not 
exceeding seven thousand dollars . . . 7,000 00 



Acts, 1922. —Chap. 129. 



121 



Item 

451 



452 



453 



For the support of state paupers in the Hospital 
Cottages for Children, a sum not exceeding 
eigliteen thousand dollars .... • SI 8,000 00 

For the expenses of an investigation as to the 
nature, causes, results and treatment of men- 
tal diseases and defects, and the publication 
of the results thereof, a sum not exceeding 
three thousand doUars ..... 3,000 00 

For other services, including printing the annual 
report, traveling and office su implies and equip- 
ment, a sum not exceeding eighteen thousand 
dollars 18,000 00 



Department 
of Mental 
Diseases. 



Total $143,000 00 



454 

455 
456 



457 



458 
459 



460 



461 
462 



463 



464 



465 



For the maintenance of and for certain im- 
provements at the following institutions 
under the control of the Department of 
INIental Diseases: 

Boston state hospital, a sum not exceeding seven 
hundred sixteen thousand six hundred dollars 

(This item omitted.) 

For the construction of a veranda, C building, 
east group, Boston state hospital, a sum not 
exceeding eight thousand dollars 

For the construction of a veranda, G building, 
east group, Boston state hospital, a sum not 
exceeding five thousand dollars 

(This item omitted.) 

For the construction of an addition to the bakery, 
and the purchase of new ovens and equipment 
at the Boston state hospital, a sum not ex- 
ceeding thirty-six thousand dollars . 

For the construction of an addition to the refrig- 
erating room and the purchase of additional 
machinery at the Boston state hospital, a sum 
not exceeding twenty-three thousand dollars . 

(This item omitted.) 

Boston psychopathic hospital, a sum not exceed- 
ing two hundred nine thousand eight hundred 
and eighty dollars 

Dan vers state hospital, a sum not exceeding five 
hundred forty-three thousand six hundred and 
sixty-five dollars 

For the construction of two sheds in salvage 
yard at the Dan vers state hospital, a sum not 
exceeding twenty-seven hundred and fifty 
dollars 

Foxborough state hospital, a sum not exceeding 
two hundred seventy-three thousand nine 
hundred dollars 



Institutions 
(BTic «AA nn under control 
.l/lt3,bUU UU of Department 
of Mental 
Diseases. 



8,000 00 



5,000 00 



36,000 00 



Boston state 
hospital. 



23,000 00 



209,880 00 



Boston 

psychopathic 

hospital. 

Danvers state 
hospital. 



543,665 00 



2,750 00 



Foxborough 
state hospital. 



273,900 00 



122 



Acts, 1922. — Chap. 129. 



Item 

Foxborough 466 

state hospital. An-j 



468 



469 



470 



Gardner state 471 
colony. 



472 

473 

474 

Grafton state 475 
hospital. 

476 

477 
478 



Massachusetts 479 
School for the 
Feeble-Minded. 

480 



(This item omitted.) 

For the construction of two male ward buildings 
with service connections and equipment at the 
Foxborough state hospital, a sum not exceed- 
ing two hundred fifty thousand dolhirs . . $250,000 00 

For the purchase of engine room equipment for 
the Foxborough state hospital, a sum not ex- 
ceeding twentv-four thousand five hundred 
dollars . / . . . . . 24,500 00 

For the purchase of certain land and buildings 
thereon for the Foxborough state hospital, a 
sum not exceeding forty-five hundred dollars 4,500 00 

For furnishings for certain new buildings at the 
Foxborough state hospital, a sum not exceed- 
ing seventy-five hundred dollars . . . 7,500 00 

Gardner state colony, a sum not exceeding three 
hundred thirteen thousand one hundred and 
eleven dollars 313,111 00 

For the construction of a hospital building with 
the necessary service connections and equip- 
ment at the Gardner state colony, a sum not 
exceeding one hundred thirty-four thousand 
doUars 134,000 00 

For extension of the water supply at the Gard- 
ner state colony, a sum not exceeding five 
thousand dollars 5,000 00 

For the construction and equipment of a laundry 
building at the Gardner state colony, a sum 
not exceeding twenty-three thousand dollars . 23,000 00 

Grafton state hospital, a sum not exceeding five 

hundred twenty thousand one hundred dollars 520,100 00 

For installing additions to the water distribution 
system at the Grafton state hospital, a sum 
not exceeding forty-five thousand dollars . . 45,000 00 

For the construction of a cottage for the steward 
at the Grafton state hospital, a sum not ex- 
ceeding five thousand dollars .... 5,000 00 

For the construction of certain barns at the 
Grafton state hospital, a sum not exceeding 
fifteen thousand dollars 15,000 00 

Massachusetts School for the Feeble-Minded, a 
sum not exceeding five hundred fifty-nine 
thousand seven hundred and eighty dollars . 559,780 00 

For the construction and equipment of a new 
central heating and power station at the Mas- 
sachusetts School for the Feeble-Minded, at 
a cost not exceeding one hundred eighty-five 
thousand dollars, of which sum one hundred 
thousand dollars is hereby appropriated in 
anticipation of a further sum of eighty-five 
thousand dollars to be appropriated in the 
fiscal year nineteen hundred and twenty-three 100,000 00 



Acts, 1922. —Chap. 129. 



123 



Item 
481 



482 



483 



484 



485 



486 



487 



488 



4S9 



490 



491 



492 



493 



494 



495 
496 



497 



For the construction of additional quarters for 
employees at the Massachusetts School for the 
Feeble-Minded, a sum not exceeding twenty- 
seven thousand dollars ,|27,000 00 

Medfield state hospital, a sum not exceeding five 
hundred twenty-seven thousand two hundred 
and thirty dollars . _ 527,230 00 

For the reconstruction and improvement of the 
central kitchen and dining room unit at the 
Medfield state hospital, a sum not exceeding 
ninety-five thousand dollars .... 95,000 00 

For the purchase of land and buildings for the 
Medfield state hospital, a sum not exceeding 
seven thousand dollars 7,000 00 

Monson state hospital, a sum not exceeding 
three hundred sixtv-six thousand four hundred 
and eighty-five dollars 366,485 00 

For additions and alterations to the farm cottage 
at the Monson state hospital, a sum not ex- 
ceeding nine thousand dollars .... 9,000 00 

For remodeling a certain building for employees' 
cottage at the Monson state hospital, a sum 
not exceeding fifteen hundred dollars . . 1,500 00 

For the purchase of a certain cottage and repairs 
thereto for the Monson state hospital, a sum 
not exceeding three thousand dollars . . 3,000 00 

Northampton state hospital, a sum not exceed- 
ing three hundred thirty thousand five hun- 
dred and fifty dollars 330,550 00 

Taunton state hospital, a sum not exceeding 
four hundred forty-two thousand six hundred 
and ninety dollars 442,690 00 

For the construction of a dam on Mill river at 
the Taunton state hospital, a sum not exceed- 
ing nine thousand dollars 9,000 00 

For the extension of a coal trestle and building 
a coal pocket at the Taunton state hospital, 
a sum not exceeding twelve thousand dollars 12,000 00 

Westborough state hospital, a sum not exceed- 
ing four hundred ninety-nine thousand six 
hundred dollars 499,600 00 

For the construction and furnishing of a new 
dining room and kitchen building at the War- 
ren colony, Westborough state hospital, a sum 
not exceeding fifty-three thousand dollars . 53,000 00 

(This item omitted.) 

Worcester state hospital, a sum not exceeding 
six hundred ninety-two thousand two hundred 
and eighty-five dollars 692,285 00 

Wrentham state school, a sum not exceeding four 
hundred forty thousand one hundred and fifty 

- dollars 440,150 00 



Massachusetts 
School for the 
Feeble-Minded. 



Medfield state 
hospital. 



Monson state 
hospital. 



Northampton 
state hospital. 



Taunton state 
hospital. 



Westborough 
state hospital. 



Worcester 
state hospital. 



Wrentham 
state school. 



124 Acts, 1922. — Chap. 129. 

Item 

\yrentham 495 YoY the Construction of a boys' industrial build- 

state scnooi. . • 1 1- ,1 

ing, includuig the necessary service connec- 
tions and equipment, at the Wrentham state 
school, a sura not exceeding forty thousand 
dollars $40,000 00 

499 (This item omitted.) 

500 For the building of three sewer beds at the 

Wrentham state school, a sum not exceeding 
seventy-eight hundred dollars .... 7,800 00 

?tate\xhwr 501 Belchertown state school, a sum not exceeding 

fifty thousand dollars . . • . ■. ■ 50,000 00 

502 For the construction of two dormitorj' buildings, 

including the necessary service connections 
and equipment, at the Belchertown state 
school, a sum not exceeding one hundred fifty- 
five thousand dollars 155,000 00 

503 For building two dormitories for employees at 

the Belchertown state school, a sum not ex- 
ceeding thirty thousand dollars . . . 30,000 00 

504 For the construction of a service building, in- 

cluding the necessary service connections and 
equipment, at the Belchertown state school, 
a sum not exceeding forty thousand dollars . 40,000 00 

505 For the construction and equipment of a dairy 

barn at the Belchertown state school, a sum 

not exceeding thirty thousand dollars . . 30,000 00 

506 For the construction and equipment of a house 

for the superintendent at the Belchertown 
state school, a sum not exceeding fifteen thou- 
sand dollars 15,000 00 

507 For the extension of spur track, and the construc- 

tion of a trestle and coal pocket at the Belcher- 
town state school, a sum not exceeding twenty- 
six thousand dollars 26,000 00 

508 For the building of a water tower, payment of 

land damages and other expenses for the water 
system, and for certain expenses of a sewerage 
system at the Belchertown state school, a sum 
not exceeding sixty-five thousand dollars . 65,000 00 

509 For the construction of tunnels, conduits, roads 

and walks, and for grading, at the Belcher- 
town state school, a sum not exceeding thirty- 
four thousand dollars ...... 34,000 00 

510 For certain furnishings and equipment at the 

Belchertown state school, a sum not exceeding 

fifty thousand dollars 50,000 00 

511 For the purchase of certain parcels of land for 

the Belchertown state school, a sum not ex- 
ceeding ten thousand dollars .... 10,000 00 



Total $7,893,576 00 



Item 



Acts, 1922. —Chap. 129. 125 



Service of the Department of Correction. 



512 For personal services of the commissioner, depu- Department 

ties and members of the board of parole and °^ Correction, 

advisory board <^f pardons, a sum not exceed- 
ing nineteen thousand dollars .... $19,000 00 

513 For personal services of clerks, stenographers 

and agents, a sum not exceeding forty-one 

thousand dollars '. 41,000 00 

514 For services other than personal, including print- 

ing the annual report, necessarv' office supplies 
and equi]iment, a sum not exceeding sixty- 
two hundred dollars 6,200 00 

515 For traveling expenses of officers and employees 

of the department when required to travel in 
the discharge of their duties, a sum not ex- 
ceeding ten thousand dollars .... 10,000 00 

516 For the removal of prisoners to and from state 

institutions, a sum not exceeding seven thou- 
sand dollars 7,000 00 

517 For assistance to prisoners discharged from the 

state prison, Massachusetts reformatory, 
prison camp and hospital and state farm, 
and to discharged female prisoners, a sum 
not exceeding eleven thousand dollars . . 11,000 00 

518 For services of guards and for the purchase of 

equipment needed for the employment of 
prisoners, as defined in chapter one hundred 
and twenty-nine of the General Acts of nine- 
teen hundred and seventeen, a sum not ex- 
ceeding seven thousand dollars .... 7,000 00 

519 For the relief of the families or dependents of 

inmates of state penal institutions, a sum not 

exceeding five hundred dollars .... 500 00 

Total $101,700 00 

For the maintenance of the following institu- 
tions under the control of the Department 
of Correction: 

520 State farm, a sum not exceeding four hundred Institutions 

eleven thousand six hundred and seventy orDepTrtment 

five dollars $411,675 00 of Correction. 

521 (This item omitted.) state farm. 

522 State prison, a sum not exceeding two hundred state prison. 

eighty-one thousand dollars . . . . 281,000 00 

523 Prison camp and hospital, a sum not exceeding Prison camp 

seventy thousand five hundred dollars . . 70,500 00 ^"^ hospital. 

524 Massachusetts reformatory, a sum not exceed- Massachusetts 

ing three hundred nine thousand one hundred reformatory, 

and fifty dollars 309,150 00 



126 



Acts, 1922. —Chap. 129. 



Reformatory 
for women. 



Department of 
Public Welfare. 



Item 

525 



526 



527 



528 



529 



Division of Aid 
and Relief. 



530 
531 



532 



Reimbursement 533 
of cities and 
towns for pay- 
ment of certain 
aid, etc. 

534 



535 



Reformatory for women, a sum not exceeding 
one hundred fifty-eight thousand and fifty 
dolhirs $158,050 00 

For the town of Framingham, according to a 
contract for sewage disposal at the reforma- 
tory for women, the sum of six hundred dol- 
lars 600 00 

(This item omitted.) 



Total 



$1,230,975 00 



Service of the Department of Public Welfare. 

For personal services of officers and employees 
and supervision of homesteads and planning 
boards, a sum not exceeding twenty-seven 
thousand four hundred dollars .... $27,400 00 

For services other than personal, printing the 
annual report, traveling expenses, including 
expenses of auxiliary visitors, office supplies 
and expenses, and contingent expenses for the 
supervision of homesteads and planning boards, 
a sum not exceeding eighty-six hundred dollars 8,600 00 



Total 



$36,000 00 
$96,000 00 



Division of Aid and Relief: 

For personal services of officers and employees, a 
sum not exceeding ninety-six thousand dollars 

For services other than personal, including trav- 
eling expenses and office supplies and equii> 
ment, a sum not exceeding twenty-two thou- 
sand seven hundred dollars .... 22,700 00 

For the transportation of state paupers under 
the charge of the department, for the present 
year and previous years, a sum not exceeding 
sixteen thousand dollars 16,000 00 

The following items are for reimbursement of 
cities and towns: 

For the payment of suitable aid to mothers with 
dependent children, for the present year and 
previous vears, a sum not exceeding eight 
hundred fifty thousand dollars . . . . 850,000 00 

For the burial of state paupers by cities and 
towns, for the present year and previous years, 
a sum not exceeding forty-five hundred dollars 4,500 00 

For expenses in connection with smallpox and 
other diseases dangerous to the pul^lic health, 
for the present year and previous years, a 
sum not exceeding one hundred thousand dol- 
lars 100,000 00 



Acts, 1922. — Chap. 129. 127 

Item 

536 For the support of sick paupers by cities and (^■liTiSsan™""* 

towns, for the jiresent vcav and previous years, towns for pay- 

the same to include cases of wife settleuKuit, aid"et°/ '''''^'" 

a sum not exceeding eiglity thousand doUars . $80,000 00 

537 For temporary aid j^iven to state paupers and 

shipwrecked seamen l)y cities and towns, for 
the present year and previous years, a sum 
not exceeding four hundretl twenty-five thou- 
sand dollars 425,000 00 



Total $1,594,200 00 

Di\'ision of Child Guardianship: 

538 For personal services of officers and employees, ^^Ch?d 

a sum not exceeding one hundred fortv thou- Guardianship 

sand dollars ' . . $140,000 00 

539 For services other than personal, office supplies 

and equipment, a sum not exceeding fifty-five 

hundred dollars . . . . . 5,500 00 

540 For tuition in the public schools, including trans- 

portation to and from school, of children 
boarded or bound out bj'- the department, a 
sum not exceeding one hundred twelve thou- 
sand dollars . • • . : • 112,000 00 

541 For the care and maintenance of indigent and 

neglected children and juvenile offenders, for 
the present year and previous years, a sura 
not exceeding eight hundred twenty thousand 
dollars . 820,000 00 

542 For the care, maintenance and transportation 

of unsettled pauper infants, for the present 
year and previous years, a sum not exceeding 
eighty-four thousand five hundred dollars 84,500 00 



Total $1,162,000 00 

543 (This item omitted.) 

544 (This item omitted.) 

Di\asion of Juvenile Training, Trustees of 
Massachusetts Training Schools: 

545 For services of the executive secretary and ste- X''"®*''^^ °^ 

1 i. ]• ^Ci. • u Massacnuset 

nographer, a sum not exceedmg fitty-six hun- Training 

dred dollars $5,600 00 Schools. 

546 For services other than personal, including print- Division of 

ing the annual report, traveling and other ex- Tmf^ng. 

penses of the members of the board and em- 
ployees, office supplies and eciuipment, a sum 
not exceeding twenty-six hundred dollars . 2,600 00 



128 



Acts, 1922. — Chap. 129. 



Item 



Boys' Parole. tiA'j 



548 



549 



Boys' Parole: 

For personal services of agents in the division 
for boys paroled and boarded in families, a 
sum not exceeding twenty-eight thousand 
three hundred and fifty dollars .... $28,350 00 

For services other than personal, including trav- 
eling expenses of the agents and boys, and 
necessary office supplies and equipment, a 
sum not exceeding eighteen thousand two 
hundred dollars . 18,200 00 

For board, clothing, medical and other expenses 
incidental to the care of boj's, a sum not ex- 
ceeding twentv-six thousand five hundred 
dollars . / 26,500 00 



GirLs' Parole: 
Girls' Parole. 550 For personal services of agents in the division 
for girls paroled from the industrial school 
for girls, a sum not exceeding twenty-three 
thousand three hundred and fiftj' dollars . 23,350 00 

551 For traveling expenses of said agents for the 

girls paroled, for board, medical and other 
care of girls, and for services other than per- 
sonal, office supplies and equipment, a sum 
not exceeding eleven thousand six hundred 
dollars 11,600 00 

552 For reimbursement of cities and towns for tuition 

of children attending the public schools, a 

sum not exceeding twenty-five hundred dollars 2,500 00 



Total 



1118,700 00 



553 



554 



Institutions 
under control 
of trustees of 
Massachusetts 
Training 
Schools. 
Industrial 
school for boys. 



Industrial 55o 

school for girls. 



556 



For the maintenance and certain improve- 
ments of the institutions under the control 
of the trustees of the Massachusetts train- 
ing schools, with the approval of said trus- 
tees, as follows: 
Industrial school for boys, a sum not exceeding 
one hundred forty-four thousand six hundred 
and fifty dollars . . . . . . $144,650 00 

For the construction, including service connec- 
tions and equipment and furnishings for an 
infirmary and hospital building at the indus- 
trial school for boys, a sum not exceeding 

forty thousand dollars 40,000 00 

Industrial school for girls, a sum not exceeding 
one hundred forty-seven thousand five hun- 
dred dollars . . 147,500 00 

For the installation of heating systems for cer- 
tain cottages at the industrial school for girls, 
a sum not exceeding eighteen thousand dollars 18,000 00 



Acts, 1922. —Chap. 129. 



129 



Item 
557 

558 



Lyman scliool for l^oys, a sum not oxcoeding two 
lunulred eighteen thousand eij^ht lunuh'ed and 
twenty-five dollars 

For the construction, including service connec- 
tions and e(iuipment iind furnishings of a fire- 
proof kitchen and storehouse building at the 
Lyman school for boj's, a sum not exceeding 
seventv-five thousand dollars .... 



Lyman school 
for boys. 



218,825 00 



75,000 00 



559 



560 



561 



562 



563 



564 



Total $643,975 00 

Massachusetts Hospital School: 
For the maintenance of the Massachusetts hos- 
pital school, to be expended with the approval 
of the trustees thereof, a sum not exceeding 
one hundred fifty-six thousand five hundred 

and fifty dollars . $156,550 00 

For constructing and furnishing complete a hos- 
pital building for state minor wards, a sum 
not exceeding fifty thousand dollars, the same 
to be in addition to any amount heretofore 
appropriated for the purpose .... 50,000 00 



Massachusetts 

Hospital 

School. 



Total 



206,550 00 



State Infirmary: 

For the maintenance of the state infirmary, to 
be expended with the approval of the trus- 
tees thereof, a sum not exceeding eight hun- 
dred fifty-one thousand nine hundred dollars . .$851,900 00 

For the construction, including service connec- 
tions and equipment and furnishings, of addi- 
tional hospital accommodations, a sum not 
exceeding one hundred thousand dollars . 

For the construction, including service connec- 
tions and equipment and furnishings, of addi- 
tional employees' cjuarters, a sum not exceed- 
ing thirty-five thousand dollars 

For the construction of an addition to the pres- 
ent administration building to provide wait- 
ing-room accommodations, a sum not exceed- 
ing forty-nine hundred and forty-four dollars . 



State 
Infirmary. 



100,000 00 



35,000 00 



4,944 00 



Total $991,844 00 



Service of the Department of Public Health. 

Division of Administration : 
565 For personal services of the commissioner, health 
council and office assistants, a sum not exceed- 
ing nineteen thousand six hundred dollars 



$19,600 00 



Department 
of Public 
Health. 
Division of 
Administration. 



130 



Acts, 1922. — Chap. 129. 



Division of 
Administration. 



Division of 
Hygiene. 



Item 

566 



567 



568 



Division of ^QQ 

Communicable 

Diseases. 



570 



Division of 

Venereal 

Diseases. 



571 
572 



Manufacture 
and Distribu- 
tion of 
Arsphenamine. 



573 



574 



For services other than personal, including print- 
ing the annual report, traveling expenses, office 
supplies and equipment, a sum not exceeding 
seventy-five hundred dollars .... $7,500 00 

Division of Hygiene: 

For personal services of the director and assist- 
ants, a sum not exceeding twenty-two thou- 
sand two hundred dollars 22,200 00 

For services other than personal, traveling ex- 
penses, office supplies and equipment, a sum 
not exceeding twenty-one thousand five hun- 
dred dollars 21,500 00 

Division of Communicable Diseases: 
For personal services of the director, district 
health officers and their assistants, epidemi- 
ologist, bacteriologist and assistants in the 
diagnostic laborator.y, a sum not exceeding 
fifty-six thousand seven hundred and seventy 

dollars . 56,770 00 

For services other than personal, traveling ex- 
penses, laboratory, office and other necessary 
supplies, including the purchase of animals 
and equipment, and rent of certain offices, a 
sum not exceeding twenty-one thousand six 
hundred dollars 21,600 00 

The appropriations made in the following six 
items are to be in addition to any federal 
funds now in the treasury, or hereafter 
received, which may be used for these pur- 
poses : 

Division of Venereal Diseases: 

For personal services of the division, a sum not 

exceeding seventy-eight hundred dollars . 7,800 00 

For services other than personal, traveling ex- 
penses, office supplies and equipment, a sum 
not exceeding eighteen thousand seven hun- 
dred dollars 18,700 00 

Manufacture and Distribution of Arsphena- 
mine : 

For personal services necessary for the manu- 
facture of arsphenamine or other similar prep- 
arations, a sum not exceeding eighty-five hun- 
dred and twenty dollars 8,520 00 

For the purchase of chemicals and other mate- 
rials, including equipment and supplies neces- 
sary for the preparation and manufacture of 
arsphenamine, or its equivalent, a sum not 
exceeding eleven thousand five hundred dollars 1 1,500 00 



Acts, 1922. — Chap. 129. 



131 



Item 



575 



576 



Wassermann Laboratory: 

For personal f^erviccs of the Wassermann labora- 
tory, a sum not exceeding seventy-five liundred 
and fiftj^-seven dollars $7,557 00 

For expenses of the Wassermann laboratory, a 
sum not exceeding forty-seven hundred dollars 4,700 00 



Wassermann 
Laboratory. 



577 



578 



579 



580 



581 



582 



583 



584 



585 



Antitoxin and Vaccine Lymph: 

For personal services in the investigation and 
production of antitoxin and vaccine IjTnph 
and other specific material for protective in- 
oculation, diagnosis of treatment, a sum not 
exceeding thirty thousand seven hundred dol- 
lars 

For other services, supplies, materials and equip- 
ment necessar^y for the production of anti- 
toxin and other materials as enumerated 
above, a sum not exceeding twenty-nine thou- 
sand four hundred dollars 

Inspection of Food and Drugs: 

For personal services of the director, analysts, 
inspectors and other assistants, a sum not 
exceeding thirty-one thousand dollars 

For other services, including traveling expenses, 
supplies, materials and ecjuipment, a sum not 
exceeding eleven thousand dollars . 

Water Supply and Disposal of Sewage, Engi- 
neering Division: 

For personal services of the director, engineers, 
clerks and other assistants, a sum not exceed- 
ing thirty-eight thousand four hundred and 
sixty dollars 

For other services, including traveling expenses, 
supplies, materials and eciuipment, a sum not 
exceeding eighty-six hundred dollars 

Water Supply and Disposal of Sew^age, Divi- 
sion of Laboratories : 

For personal services of laboratory director, 
chemists, clerks and other assistants, a sum 
not exceeding twenty-eight thousand nine 
hundred dollars 

For other services, including traveling expenses, 
supplies, materials and equipment, a sum not 
exceeding seventy-five hundred dollars . 



Antitoxin and 

Vaccine 

Lymph. 



30,700 00 



29,400 00 



31,000 00 



Inspection of 
Food and 
Drugs. 



11,000 00 



Water Supply 
and Disposal 
of Sewage, 
Engineering 
38,460 00 Division. 



8,600 00 



Water Supply 
and Disposal 
of Sewage, 
Division of 
28,900 00 Laboratories. 



7,500 00 



State Examiners of Plumbers: 
For personal and other services and necessary 
supplies and equipment for the state exam- 
iners of plumbers, a sum not exceeding five 
thousand dollars 5,000 00 



state 

Examiners of 
Plumbers. 



132 



Acts, 1922. —Chap. 129. 



Penikese 
Island. 



Item 



586 



5S7 



Penikese Island : 

For services of a caretaker and other expenses 
incidental to the care of property on Penikese 
island, a sum not exceeding fifteen hundred 
dollars 

(This item omitted.) 



SI, 500 00 



Total S400,007 00 



Division of 
Tuberculosis. 



588 



589 



590 



Division of Tuberculosis : 
For personal services of the director, stenog- 
raphers, clerks and other assistants, a sum 
not exceeding fourteen thousand five hundred 
dollars $14,500 00 

For services other than personal, including print- 
ing the annual report, traveling expenses and 
office supplies and equipment, a sum not ex- 
ceeding thirtj^-five hundred dollars . . . 3,500 00 

To cover the payment of certain subsidies for 
the maintenance of hospitals for tubercular 
patients, a sum not exceeding one hundred 
fifty-six thousand five hundred fifty-five dol- 
lars and twenty-two cents 156,555 22 



Sanatoria, 
maintenance 
and improve- 
ments. 
I^akeville 
state 
sanatorium. 



591 



592 



North Reading coQ 

state 

sanatorium. 



594 



595 
596 



Rutland state 597 
sanatorium. 



Total $174,555 22 

For the maintenance and certain improve- 
ments of the sanatoria, as follows: 

For the Lakeville state sanatorium, a sum not 
exceeding one hundred eightv-eight thousand 
eight hundred and fifty dollars .... $188,850 00 

For the construction of an addition to the chapel 
and laboratory at the Lakeville state sana- 
torium, a sum not exceeding ninety-three hun- 
dred dollars 9,300 00 

For the North Reading state sanatorium, a sum 
not exceeding one hundred forty-nine thou- 
sand nine hundred and twenty-five dollars 149,925 00 

For additions and improvements in locker rooms 
and pavilions at the North Reading state 
sanatorium, a sum not exceeding thirty-nine 
thousand seven hundred dollars . . 39,700 00 

For repairs and improvements in the insulation 
of underground mains, a sum not exceeding 
four thousand dollars 4,000 00 

For necessary improvements and the purchase 
of equipment necessary for the installation of 
an X-ray outfit, a sum not exceeding forty- 
three hundred dollars 4,300 00 

Rutland state sanatorium, a siun not exceeding 
two hundred eighty-one thousand two hun- 
dred dollars 281,200 00 



Acts, 1922. — Chap. 129. 



133 



Item 

598 



599 



For the construction, including service connec- 
tions and equipment, of an employees' build- 
ing, a sum not exceeding fifty-five thousand 
dollars . . $55,000 00 

Westfield state sanatorium, a sum not exceeding 
one hundred seventy-seven thousand dollars . 



Rutland state 
sanatorium. 



Westfield 
177,000 00 state 

sanatorium. 



Total $909,275 00 



Service of the Department of Public Safety. 

Administration : 

600 For the salary of the commissioner and for per- 

sonal services of clerks and stenographers, a 
sum not exceeding thirty-two thousand four 
hundred and fifty dollars 

601 For contingent services, including printing the 

annual report, rent of district offices, supplies 
and equipment, and all other things necessary 
for the investigation of fires and moving-pic- 
ture licenses, as required by law, a sum not 
exceeding twenty-seven thousand dollars 

Division of State Police : 

602 For the salaries of oflScers, a sum not exceeding 

seventy-one thousand two hundred and twenty 
dollars 

603 For traveling expenses of the division, a sum not 

exceeding twenty-eight thousand dollars . 

604 For maintenance and operation of the police 

steamer "Lotis", a sum not exceeding ten 
thousand dollars 

605 For personal services, rent, supplies and equip- 

ment necessary in the enforcement of statutes 
relative to explosives and inflammable fluids 
and compounds, a sum not exceeding forty- 
five hundred dollars 

Division of Inspections : 

606 For the salary of the chief of inspections, a sum 

not exceeding thirty-six hundred dollars . 

607 For the salaries of officers for the building in- 

spection service, a sum not exceeding forty- 
five thousand eight hundred and eighty dollars 

608 For traveUng expenses of officers for the build- 

ing inspection service, a sum not exceeding 
twelve thousand dollars 

609 For the salaries of officers for the boiler inspec- 

tion service, a sum not exceeding sixty-one 
thousand six hundred and eighty dollars . 

610 For traveling expenses of officers for the boiler 

inspection service, a sum not exceeding sixteen 
thousand dollars 



Department 
of Public 
Safety. 



Division of 
State Police. 



$32,450 00 

27,000 00 

71,220 00 
28,000 00 

10,000 00 
4,500 00 



Division of 

3,600 00 Inspections. 



45,880 00 
12,000 00 
61,680 00 
16,000 00 



134 



Acts, 1922. —Chap. 129. 



Division of 
Inspections. 



Board of 

Elevator 
Regulations. 



Board of 
Boiler Rules. 



Item 

611 



612 



613 



614 
615 



For services, supplies and equipment necessary 
for investigations and inspections by the divi- 
sion, a sum not exceeding one thousand dollars $1,000 00 

Board of Elevator Regulations : 
For compensation of the board of elevator regu- 
lations, a sum not exceeding four hundred and 

twenty dollars 420 00 

For expenses of the board, a sum not exceeding 

five hundred dollars 500 00 

Board of Boiler Rules : 

For personal services of members of the board, 

a sum not exceeding one thousand dollars . 1,000 00 

For services other than personal and the neces- 
sary traveling expenses of the board, office 
supplies and equipment, a sum not exceeding 
six hundred dollars 600 00 



Total 



. $315,850 00 



Fire Preven- 
tion District 
Service. 
State fire 
marshal. 



616 
617 
618 



State Boxing 
Commission. 



619 



620 



state Police 
Patrol. 



621 
622 



Fire Prevention District Service (the mainte- 
nance of this service, as provided in the fol- 
lowing appropriations, is to be assessed 
upon certain cities and towns making up 
the fire prevention district, as provided by 
law): 
For the salary of the state fire marshal, a sum 

not exceeding thirty-six hundred dollars . $3,600 00 

For other personal services, a sum not exceeding 

fifteen thousand eight hundred and ten dollars 15,810 00 
For other services, office rent and necessary office 
supplies and equipment, a sum not exceeding 
four thousand dollars 4,000 00 

Total $23,410 00 

State Boxing Commission : 

For compensation and clerical assistance for the 
state boxing commission, a sum not exceeding 
ten thousand two hundred and eighty dollars . $10,280 00 

For other expenses of the commission, a sum not 
exceeding twelve thousand two hundred and 
forty dollars 12,240 00 

Total $22,520 00 

State Police Patrol: 

For personal services, a sum not exceeding sixty- 
five thousand three hundred and ninety dollars $65,390 00 

For other services and expenses, a sum not ex- 
ceeding ninety-three thousand dollars . 93,000 00 



Total $158,390 00 



Acts, 1922. —Chap. 129. 135 



Service of the Department of Public Works. 

Item 

623 For the salaries of the commissioner and the four Department 

. , ■ . , 1 • of Public 

associate commissioners, a sum not exceeding Works, 

thirty-one thousand five hundred dollars . . $31,500 00 

624 For personal services of clerks and assistants to 

the commissioner, a sum not exceeding twelve 

thousand six hundred dollars . . _ . 12,600 00 

625 For traveling expenses of the commissioner, a 

sum not exceeding fifteen hundred dollars . 1,500 00 

Total 145,600 00 

Division of Highways (the following appro- 
priations for the operation and mainte- 
nance of this division, except as otherwise 
provided, are made from the receipts in the 
Motor Vehicle Fees Fund) : 

626 For the personal services of the chief engineer, Division of 

engineers and office assistants, including cer- Highways, 
tain clerks and stenographers, a sum not ex- 
ceeding fifty-four thousand five hundred dol- 
lars $54,500 00 

627 For traveling expenses of the associate commis- 

sioners, when traveling in the discharge of 
their official duties, a sum not exceeding 
twenty-five hundred dollars .... 2,500 00 

628 For ser\aces other than personal, including print- 

ing the annual report and necessary office sup- 
plies and equipment, a sum not exceeding 
thirteen thousand five hundred dollars . . 13,500 00 

629 For the care, repair and storage, replacement 

and purchase of road-building machinery and 
tools, a sum not exceeding three hundred fifty 
thousand dollars 350,000 00 

630 For the suppression of gypsy and brown tail 

moths on state highways, a sum not exceeding 

fifteen thousand dollars 15,000 00 

631 For the construction and repair of town and 

county ways, a sum not exceeding six hundred 
seventy-five thousand dollars .... 675,000 00 

632 For aiding towns in the repair and improvement 

of public ways, a sum not exceeding five hun- 
dred twenty-five thousand dollars . . . 525,000 00 

633 For the maintenance and repair of state high- 

ways, a sum not exceeding two million two 
hundred thousand dollars, of which sum three 
hundred seventy-two thousand three hundred 
forty-nine dollars and thirty-seven cents rep- 
resents the receipt from assessments upon cer- 
tain cities and towns for the maintenance of ' 
state highways, and the balance from receipts 
in the Motor Vehicle Fees Fund . . 2,200,000 00 



136 



Acts, 1922. — Chap. 129. 



Division of 
Highways. 



Item 

634 



For the maintenance and operation of the New- 
buryport bridge and the Briglitman street 
bridge in Fall River, in accordance with the 
provisions of existing laws, a sum not exceed- 
ing twenty thousand dollars .... 



Total 



$20,000 00 
J,855,500 00 



Registration 
of Motor 

Vehicles. 



635 



636 



Registration of Motor Vehicles: 
For personal services, a sum not exceeding three 
hundred forty-five thousand dollars, from re- 
ceipts in the Motor Vehicle Fees Fund . . 1345,000 00 
For services other than personal, including trav- 
eling expenses, purchase of necessary supplies, 
equipment and materials, including cartage 
and storage of the same, and for work inciden- 
tal to the registration and licensing of owners 
of motor vehicles, a sum not exceeding three 
hundred nine thousand dollars from receipts 
in the Motor Veliicle Fees Fund . . 309,000 00 



Total $654,000 00 



Federal aid for 637 
construction of 
highways. 



Care of snow 638 
on highways. 



State Highways: 

For the purpose of enabling the department of 
public works to secure federal aid for the con- 
struction of highwa.ys, a sum not exceeding 
one million eight hundred thousand dollars in 
addition to any other funds which the depart- 
ment has available for the purpose; of the 
said sum one million five hundred thousand 
dollars shall be payable from receipts in the 
Motor Vehicle Fees Fund, and the balance 
from receipts from counties for assessments 
on highways previously constructed, or from 
the general fund . . . . . $1,800,000 00 

For the care of snow on highways, as provided 
by section eleven of chapter eighty-four of the 
General Laws, a sum not exceeding fifty thou- 
sand dollars, from receipts in the Motor Ve- 
hicle Fees Fund 50,000 00 



Advertising 
signs. 



Advertising signs : 
639 For administering the law relative to advertising 
signs near highways, a sum not exceeding fif- 
teen thousand dollars, to be paid from the gen- 
eral fund 15,000 00 

Total $1,805,000 00 



Acts, 1922. —Chap. 129. 



137 



Item 



640 



Special Improvement : 
For comi)Ieting the construction of certain high- 
ways in the five western counties, as author- 
ized by and subject to the conditions of chap- 
ter five hundred and seventy-two of the acts 
of nineteen hundred and twenty, a sum not 
exceeding six hundred thousand dollars, the 
same to be in addition to any sum heretofore 
appropriated for the purpose .... 



Special 
improvement 
of highways 
in five western 
counties. 



$600,000 00 



Division of Waterways and Public Lands: 

641 For personal services of the chief engineer and 

assistants, a sum not exceeding fifty-two thou- 
sand dollars 

642 For necessary traveling expenses of the associate 

commissioners, a sum not exceeding one thou- 
sand dollars 

643 For services other than personal, including print- 

ing and binding the annual report, and for 
necessary office and engineering supplies and 
equipment, a sum not exceeding six thousand 
dollars 

644 For the care and maintenance of the province 

lands, a sum not exceeding five thousand 
dollars 

645 For the maintenance of structures, and for re- 

pairing damages along the coast line or river 
banks of the commonwealth, and for the re- 
moval of Avrecks and other obstructions from 
tidewaters and great ponds, a sum not exceed- 
ing twenty-five thousand dollars 

646 For the improvement, development and protec- 

tion of rivers and harbors, tidewaters and fore- 
shores within the commonwealth, as provided 
by chapter two hundred and thirty-one of the 
General Acts of nineteen hundred and nine- 
teen, and of great ponds, a sum not exceeding 
two hundred fifty thousand dollars . 

647 For re-establishing and permanently marking 

certain triangular points and sections, as re- 
quired by order of the land court in accordance 
with section thirty-three of chapter ninety-one 
of the General Laws, a sum not exceeding one 
thousand dollars 

648 For the supervision and operation of common- 

wealth pier five, including the salaries or other 
compensation of employees, and for the repair 
and replacement of equipment and other prop- 
erty, a sum not exceeding eighty-eight thou- 
sand dollars 



Division of 
Waterways 

J,000 00 tan^"'"" 



1,000 00 



6,000 00 
5,000 00 

25,000 00 



250,000 00 



1,000 00 



88,000 00 



138 



Acts, 1922. — Chap. 129. 



Division of 
Waterways 
and Public 
Lands. 



Item 

649 
650 



651 



652 



653 



654 



Certain ex- 
penses, etc., 
to be paid from 
port of 
Boston 
receipts. 



655 



656 



657 



658 



659 



For the maintenance of pier one, at East Boston, 
a sum not exceeding eleven thousand dollars . $11,000 00 

For the maintenance and improvement of com- 
monwealth property under the control of the 
division, a sum not exceeding fifty thousand 
doUars 50,000 00 

For the operation and maintenance of the New 
Bedford state pier, a sum not exceeding six 
thousand dollars . . ... . . 6,000 00 

For the compensation of dumping inspectors, a 
sum not exceeding three thousand dollars, to 
be paid from the XVaterways Fund . . 3,000 00 

For the inspection of state monuments, a sum 
not exceeding nine hundred twenty-one dol- 
lars and thirty-eight cents 921 38 

For continuing the work in gauging the flow of 
water in the streams of the commonwealth, 
a sum not exceeding three thousand dollars . 3,000 00 

Total 1501,921 38 

For expenses on account of the dr}^ dock arbi- 
tration board, a sum not exceeding twenty- 
two hundred and fifty dollars, to be paid from 
the port of Boston receipts $2,250 00 

For expenses of dredging channels and filling 
marsh lands, a sum not exceeding three hun- 
dred thousand dollars, to be paid from the 
port of Boston receipts or ordinary revenue . 300,000 00 

For the extension of the East Boston bulkhead, a 
sum not exceeding one hundred thousand dol- 
lars, to be paid from the port of Boston receipts 100,000 00 

For dredging minor channels in Boston harbor, 
a sum not exceeding fifty thousand dollars, to 
be paid from the port of Boston receipts . . 50,000 00 

For making rail connections in East Boston, a 
sum not exceeding eighty thousand dollars, the 
same to be in addition to any amount hereto- 
fore appropriated for the purpose and to be 
paid from the port of Boston receipts . 80,000 00 



Total $532,250 00 



Department 660 
of Public 
Utilities. 



Service of the Department of Public Utilities. 

For personal services of the commissioners, a 
sum not exceeding thirty-six thousand dollars, 
of which one half shall be assessed upon the 
gas and electric light companies in accordance 
with the provisions of law 



$36,000 00 



Acts, 1922. —Chap. 129. 139 

Item 

661 For personal services of secretaries, employees Department 

of tlie acct)uiiting department, enj^ineering de- Utilities" 

partment and rate and tariff department, a 
sum not exceeding tiiirty-two thousand dol- 
lars, of which sum ninety-six hundred and 
fifty dollars shall be assessed upon the gas 
and electric light companies in accordance 
with the provisions of law . . . . . $32,000 00 

662 For the inspection dejiartment, personal services, 

a sum not exceeding thirty-two thousand nine 

hundred dollars 32,900 00 

663 For personal services of clerks, messengers and 

office assistants, a sum not exceeding ten thou- 
sand seven hundred dollars, of which one half 
shall be assessed upon the gas and electric light 
companies in accordance with the provisions 
of law . 10,700 00 

664 For personal services of the telephone and tele- 

graph division, a sum not exceeding eleven 

thousand five hundred dollars .... 11,50000 

665 For personal services and expenses of legal as- 

sistants and experts, a sum not exceeding two 

thousand dollars . . . . 2,000 00 

666 For stenographic reports of hearings, a sum not 

exceeding two 'thousand dollars .... 2,000 00 

667 For traveling expenses of the commissioners and 

employees, a sum not exceeding five thousand 

dollars 5,000 00 

668 For services other than personal, printing the 

annual report, office supplies and equipment, 

a sum not exceeding seven thousand dollars . 7,000 00 

669 For stenographic reports of evidence at inquests 

held in cases of death by accident on or about 
railroads, a sum not exceeding three thousand 
dollars 3,000 00 



Total $142,100 00 

The following items are to be assessed upon 
the gas and electric light companies: 

670 For personal services of the inspector of gas and items to be 

gas meters, assistant inspectors and deputy assessed upon 

inspectors of meters, a sum not exceeding Ikcfric light 

eighteen thousand four hundred dollars . 118,400 00 oompanies. 

671 For expenses of inspectors and deputies, includ- 

ing office rent, traveling and other necessary 
expenses of inspection, a sum not exceeding 
seven thousand dollars 7,000 00 

672 For services and expenses of expert assistants, as 

authorized by law, a sum not exceeding five 

thousand dollars 5,000 00 



140 



Acts, 1922. — Chap. 129. 



Items to bo 
assessed upon 
gas and 
electric light 
companies. 



Smoke abate- 
ment in 
Boston and 
vicinity. 



Item 

G73 



674 



675 



For other service.^;, printing the annual report, 
for rent of offices and for necessary office sup- 
plies and equipment, a sum not exceeding 
twelve thousand eight hundred dollars . . $12,800 00 

For the examination and tests of electric meters, 

a sum not exceeding six hundred dollars . . 600 00 

Total 143,800 00 

Smoke Abatement : 
For services and expenses in connection with the 
abatement of smoke in Boston and vicinity, 
under the direction and with the approval of 
the department of public utilities, a sum not 
exceeding eight thousand dollars, the same to 
be assessed upon the cities and towns of the 
district named in section one of chapter six 
hundred and fifty-one of the acts of nineteen 
hundred and ten $8,000 00 



Administration QJQ 
of law relative 
to sale of 
securities. 



6Z7 



Sale of Securities : 

For personal services in administering the law 
relative to the sale of securities, a sum not ex- 
ceeding fourteen thousand seven hundred 
dollars . 14,700 00 

For expenses other than personal in administer- 
ing the law relative to the sale of securities, a 
sum not exceeding ninety-three hundred dol- 
lars 9,300 00 



Bunker Hill 
monument and 
adjacent 
property, 
maintenance 
and improve- 
ments. 



Metropolitan 

District 

Commission. 



678 



678^ 



Total $24,000 00 

Miscellaneous. 

For the maintenance of Bunker Hill monument 
and the property adjacent, to be expended by 
the metropolitan district commission, a sum 
not exceeding ten thousand dollars . $10,000 00 

For improvements at the Bunker Hill monu- 
ment and the property adjacent, to be ex- 
pended by the metropolitan district commis- 
sion, a sum not exceeding ten thousand dollars 10,000 00 



679 



Total $20,000 00 

Metropolitan Didrid Commission. 

The following items are to be assessed upon 

the several districts in accordance with the 

methods fixed by law, and to be expended 

under the direction and with the approval 

of the Metropolitan District Commission: 

For maintenance of the Charles river basin, a 

sum not exceeding one hundred seventy-nine 

thousand two hundred dollars .... $179,200 00 



Acts, 1922. —Chap. 129. 141 

Item 

6S0 For maintonanoo of park roservations, a sum Metropolitan 
not oxt'ocdino; six lumdred iiiuoty-niiie thou- Commission, 
sand eight hunch-od tlu'co dollars and twenty- 
five cents ■ . $699,803 25 

681 For the exi)ens(> of holdinjj; band concerts, a sum 

not excectlinfi; twenty thousand dollars . 20,000 00 

682 (This item omitted.) 

683 For maintenance of the Nantasket beach reser- 

vation, a sum not exceeding seventy-five thou- 
sand five hundred dollars 75,500 00 

684 For maintenance of the Cambridge parkway, a 

sum not exceeding fifty-one tliousand five hun- 
dred dollars, same to be paid from the Metro- 
politan Parks Maintenance Fund . . 51,500 00 

685 For the construction of a sanitary at Magazine 

beach, a sum not exceeding fifteen thousand 
dollars, same to be paid from the Metropolitan 
Parks Maintenance Fund 15,000 00 

686 For maintenance of the Wellington bridge, a 

sum not exceeding eleven thousand two hun- 
dred and fifty dollars, the same to be in addi- 
tion to the amount appropriated from the 
general fund 11,250 00 

687 For maintenance of boulevards and parkways, 

a sum not exceeding two hundred six thou- 
sand five hundred dollars, the same to be in 
addition to the amount appropriated from 
the general fund 206,500 00 

688 (This item omitted.) 

689 For the purchase of certain road-building ma- 

chinery and equipment, a sum not exceeding 
eight thousand dollars, of which amount four 
thousand dollars shall be assessed upon the 
district as a part of the assessment for metro- 
politan boulevards maintenance, and the bal- 
ance is appropriated in item two hundred and 
twenty-seven 4,000 00 

690 For the maintenance and operation of a system 

of sewage disposal for the north metropolitan 
sewerage district, a sum not exceeding three 
hundred fifteen thousand eight hundred dol- 
lars 315,800 00 

691 For the maintenance and operation of a system 

of sewage disposal for the south metropolitan 
sewerage district, a sum not exceeding one 
hundred eighty-eight thousand seven hundred 
dollars 188,700 GO 

692 For the maintenance and operation of the met- 

ropolitan water system, a sum not exceeding 
seven hundred eighty-four thousand eight hun- 
dred dollars 784,800 00 

Total $2,552,053 25 



142 



Acts, 1922. —Chap. 129. 



Deficiencies. 



Legislative 
Department. 



Item 



Deficiencies. 

For deficiencies in certain appropriations of 
previous years, in certain items, as follows: 

Legislative Department. 

For stationery for the house of representatives, 
the sum of one hundred forty-four dollars 

For expenses of a recess committee to continue 
the investigation of matters relative to county 
government, the sum of eighty-six dollars and 
twelve cents 



S144 00 



86 12 



Judicial 
Department. 
Supyerior Court. 



Land Court. 



Reorganized 
Militia. 



Chief Surgeon. 



Secretary 
of the 
Common- 
wealth. 



Attorney 
General. 



Judicial Department. 

Superior Court : 
For traveling allowances and expenses, the sum 
of one hundred fourteen dollars and twenty- 
nine cents 114 29 

Land Court: 
For personal services in the examination of titles, 
for publishing and serving citations and other 
services, traveling expenses, supplies and office 
equipment, the sum of one hundred one dol- 
lars and six cents 101 06 

Reorganized Militia. 

For compensation, transportation and expenses 
in the preparation for camp duty or maneu- 
vers, the sum of seventy-seven hundred 
twenty-nine dollars and seventy cents . . 7,729 70 

Chief Surgeon. 

For examination of recruits, the sum of three 
hundred thirty-seven dollars and eighty-five 
cents 337 85 

Department of the Secretary of the Commonxoealth. 

For services other than personal, traveling ex- 
penses, office supplies and equipment, the 
sum of fourteen hundred eight dollars and 
seventy cents 1,408 70 

For printing and binding public documents, the 
sum of twenty-nine hundred twenty-three 
dollars and fifty-nine cents .... 2,923 59 

Attornetj General. 

For the compensation of assistants in his office, 
and for such other legal and personal services 
as may be required, the sum of six hundred 
seventy dollars and sixty cents .... 670 60 



Acts, 1922. —Chap. 129. 



143 



Item 



For services other than personal, traveHng ex- 
penses, office supplies and equipment, the 
sum of two hundred eighty dollars and thirty- 
two cents 



Attorney 
General. 



1280 32 



Division of Animal Industnj. 

For services other than personal, including print- 
ing the annual report, traveling expenses of the 
director, and office supplies and equipment, 
the sum of six dollars and seventy cents . 



Division of 

Animal 

Industry. 



6 70 



Departinent of Banking and hisnrance. 

For examinations and registration of public ac- 
countants, including personal services of e.x- 
aminers, other services and necessary supplies 
and equipment, the sum of twenty-seven hun- 
dred and seventy dollars 2,770 00 

Division of Insurance: 
For other services, including printing the annual 
report, traveling expenses, and necessary office 
supplies and equipment, the sum of thirty-one 
hundred seventeen dollars and thirty-three 
cents 3,117 33 



Department 
of Banking and 
Insurance. 
Examination, 
etc., of public 
accountants. 



Division of 
Insurance. 



Department of Education. 

English Speaking Classes for Adults : 
For other expenses of administration, the sum 
of two hundred sixty-five dollars and forty- 
eight cents 



Department 
of Education. 



265 48 



For printing school registers and other school 
blanks for cities and towns, the sum of three 
hundred sixty-five dollars and fifty-one cents 365 51 

For expenses incidental to furnishing school 
committees with rules for testing the sight 
and hearing of pupils, the sum of one hun- 
dred sixty-four dollars and thirty-six cents . 164 36 

For the reimbursement of certain towns for the 
payment of tuition of children attending high 
schools outside the towns in which they reside, 
the sum of eighty-eight hundred twenty-three 
dollars and seventy-five cents .... 8,823 75 

For the reimbursement of certain towns for the 
transportation of pupils attending high schools 
outside the towns in which they reside, the 
sum of eleven thousand one hundred eighty- 
seven dollars and forty cents . , . . 11,187 40 



144 



Acts, 1922. — Chap. 129. 



Department 
of Civil 
Service and 
Registration. 
Board of Regis- 
tration in 
Embalming. 

Board of Regis- 
tration in 
Pharmacy. 



Item 



Department of Civil Service and Registration. 

Board of Registration in Embalming: 
For compensation of members of the board and 
services of their clerk, the sum of sixteen dol- 
lars and fifty-eight cents $16 58 

Board of Registration in Pharmacy: 
For services other than personal, printing the 
annual report, traveling expenses, office sup- 
plies and equipnaent, the sum of three hun- 
dred sixty-four dollars and eighty-two cents . 364 82 



Department of 

Industrial 

Accidents. 



Department of 
Public Safety. 



Department of Industrial Accidents. 

For expenses of impartial examinations, the 
sum of eight hundred twenty-four dollars and 
eighty-four cents 824 84 

Department of Public Safety. 

For the maintenance and operation of the police 
steamer "Lotis", the sum of fifteen dollars 
and six cents 15 06 



Department of 
Public Works. 
Division of 
Waterways 
and Public 
Lands. 



Department of 

Public 

Utilities. 



Reappropria- 
tions. 



Department of Public Works. 

Division of Waterways and Public Lands : 
For the supervision and operation of common- 
wealth pier five, the sum of one hundred sixty- 
two dollars and twenty cents . . . . 162 20 

Department of Public Utilities. 

For stenographic reports of hearings, the sum of 
three hundred twenty dollars and fifty-three 
cents 320 53 

For other services of the gas and electric light 
division, including printing the annual report, 
rent of offices, and necessary office supplies 
and eciuipment, the sum of four hundred fifty- 
four dollars and ten cents, to be paid from the 
gas and electric light assessment fund . 454 10 



Total $42,654 89 

Unexpended balances of appropriations made 
in previous years are hereby reappropriated 
for the purposes as originally specified: 



Department of 
Mental 
Dise:ises. 
Foxboroncili 
State Hospital. 



Department of Mental Diseases. 

Foxborough State Hospital: 
For construction of filter bed for sewage dis- 
posal, the sum of thirty-nine hundred six dol- 
lars and forty-four cents 



S3,906 44 



Acts, 1922. — CiiAr. 129. 



145 



Item 



Grafton State Hospital: 

For an additional water supply, the sum of 
ninety-seven thousand four hundred twcnity- 
one dollars and eighty-five cents . . . $97,421 85 

For hydrotherapeutic equipment, the sum of 
five hundred seventeen dollars and seventy- 
eight cents 517 78 

For additional fire protection, the sum of one 

thousand thirty-nine dollars and fifty cents . 1,039 50 

Medfield State Hospital: 
For repairing beds for sewage disposal, the sum 
of twelve thousand eight hundred forty-one 
dollars and sixty-nine cents .... 12,841 69 

Westborough State Hospital: 
For renovation of wards two and five, the sum 
of four hundred seventy-six dollars and thirty- 
four cents 476 34 



Grafton State 
Hospital. 



Medfield State 
Hospital. 



Westborough 
State Hospital. 



Worcester State Hospital: 
For remodeling heating systems, the sum of 
thirtj^-one hundred fourteen dollars and 
twenty-four cents 3,114 24 



Worcester State 
Hospital. 



Wrentham State School: 
For the purchase of land, the sum of two hun- 
dred and thirty dollars 



, Wrentham 

230 00 ^^^^ School. 



Belchertown State School: 
For the construction of certain buildings, the 
sum of twelve thousand thirty-nine dollars 
and twenty-eight cents 12,039 28 



Belchertown 
State School. • 



Department of Public Works. 
Division of Waterways and Public Lands: 
For railroad track connections and certain road- Department of 

ways at South Boston, the sum of one hun- Public Works, 

dred thirty-one thousand dollars . . . 131,000 00 S™"°f . 

T-, , • ■ , , TT It 1 W aterways and 

lor certam nnprovements at Hayward s creek. Public Lands, 

the sum of thirty thousand five hundred 
ninety-six dollars and twenty-two cents . . 30,596 22 

Total $293,183 34 

General Fund $41,951,615 60 

Metropolitan- District 2,562,053 25 

Grand Total $44,513,668 85 



Section 3. No payment shall be made or obligation in- No payment to 



be made which 



curred under the authority of an appropriation made for exxeeds^aUot 
construction of public buildings under this act in cases where pendit^iL-Tmade 



146 



Acts, 1922. — Chap. 130. 



for certain 
purposes. 



Written ap- 
proval of 
governor and 
council required 
for certain 
expenditures. 



Supervisor of 
administration 
to send copies 
of two foregoing 
sections to 
heads of depart- 
ments, etc. 



the bid for contracts, proposed for acceptance, exceeds the 
allotment of expenditure upon which the appropriation is 
based. 

Section 4. No expenditures in excess of appropriations 
pro\ided for under this act shall be incurred by any depart- 
ment or institution, except in cases of emergency, and then 
only upon the prior written approval of the governor and 
council. 

Section 5. The supervisor of administration is hereby 
directed to send a copy of the two foregoing sections to each 
departmental, di^dsional and institutional head immediately 
following the passage of this act. 

Section 6. This act shall take effect upon its passage. 

Approved March 8, 1922. 



Chap.130 An Act reducing the penalty for operating certain 
motor vehicles without mirrors. 



G. L. 90, § 20, 
amended. 



Penalties and 
punishments 
for violations 
of motor 
vehicle laws. 



Proviso. 



Placing on file 
of certain 
complaints. 



Be it enacted, etc., as folloivs: 

Section twenty of chapter ninety of the General Laws is 
hereby amended by striking out, in the tenth and eleventh 
lines, the words "operating a motor vehicle without a mirror, 
as required by section seven, for", so as to read as follows: — 
Section 20. Any person con^^cted of a violation of any pro- 
vision of this chapter the punishment for which is not other- 
wise provided, or of a violation of any rule or regulation of 
the registrar made under authority of section thirty-one, or 
of a violation of a special speed regulation lawfully made 
under authority of section eighteen, shall be punished by a 
fine of not more than twenty-five dollars for the first offence, 
not less than twenty-five nor more than fifty dollars for a 
second offence, and not less than fifty nor more than one 
hundred dollars for subsequent offences committed during 
any period of twelve months; provided, that any person 
convicted of using a spot light, as prohibited by section 
sixteen, shall be punished by a fine of not less than twenty 
nor more than one hundred dollars, and that any person 
convicted of operating a motor vehicle or trailer in violation 
of the preceding section or of the terms of any permit granted 
thereunder shall be punished by a fine of not more than one 
hundred dollars. A complaint against a person for the viola- 
tion of section eleven or seventeen or of a regulation made 
under section eighteen may be placed on file at the discretion 
of the court or trial justice if the violation appears to have 



Acts, 1922. — Chaps. 131, 132. 147 



been iniiiiteiitional or if no person or property coukl have 

been endangered thereby. Upon a third or snbsequent con- Revocation of 

.,..,, "^ i? • 1 x* e J.- J. license, etc. 

viction ni tlie same year ot a Mohition or section seventeen 
or of a reguhxtion made under section eighteen the registrar 
shall forthwith revoke the license of the person so convicted, 
and no new license shall be issued to such person for at least 
thirty days after the date of such conviction, nor thereafter 
except in the discretion of the registrar. 

Approved March 8, 1922. 

An Act relative to special police officers in the ChavAZX 

TOWN OF WATERTOWN. 

Be it enacted, etc., as follows: 

Section 1. The town of Watertown is hereby authorized waTe^rtown may 
through its selectmen to appoint from time to time, for a p^n^e^officlrl*' 
term not exceeding one year, but removable at the pleasure 
of the selectmen, police officers to be known as special police 
officers, who shall have all the powers, immunities and privi- 
leges of the regular or permanent police officers in cities and 
towns except as herein otherwise provided and shall receive 
such compensation as the selectmen may determine. 

Section 2. The said special police officers shall not be Not to be 
subject to or have the benefit of any of the provisions of service or 
chapter thirty-one of the General Laws relating to civil lawsf etc" 
service, or any rule or regulation made thereunder, or of 
chapter thirty-two of the General Laws relating to retire- 
ment systems and pensions, or any rule or regulation made 
thereunder. 

Section 3. The provisions of any special law or laws special lawa, 
hitherto enacted relating to the police of said town shall in fimi't'^wers, 
no way limit or constitute an abridgement of the powers and ®*^*'' 
authority granted under this act. Approved March 8, 1922. 

An Act reviving certain corporations. Chap.132 

Whereas, The deferred operation of this act would cause Emergency 
inconvenience and expense, therefore it 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. The Glades Association, a corporation whose GiadesAsso- 
charter expired March twenty-second, nineteen hundred and retive"d. 



148 



Acts, 1922. —Chap. 133. 



Certain other 

corporations 

revived. 



sixteen, by virtue of chapter one hundred and eightj-eight 
of the acts of nineteen hunch-ed and six, is hereby revived 
with the same powers, duties and obHgations as if the period 
mentioned in said chapter had not expired, and shall be and 
remain a body corporate for the period of fifty years after 
the said date of expiration; and all acts and proceedings of 
the stockholders, directors and officers acting as such which 
would be legal and valid but for the expiration of said charter 
are hereby ratified and confirmed. 

Section 2. The following named corporations, which 
were dissolved by the chapters set opposite their respective 
names, are hereby revived with the same powers, duties and 
obligations as if the said chapters had not been passed. 



Name. 



Dissolved by — 



F. B. Taylor and Son, Incorporated 

The Lynn Hebrew Ladies' Helping- ] 
Hand Society. 

Carolina Industrial School . 

Gibson Game Company 

T. H. Jones Shoe Company 

J. R. Whipple Company 
Holyoke Hotel Company 
Aberdeen Realty Corporation 
Square Deal Publishing Company 



Chapter one hundred and twelve, Special Acts 
of nineteen hundred and sLxteen. 



Chapter one hundred and fifty-seven. Special 
Acts of nineteen hundred and seventeen. 



Chapter one hundred and nine, Special Acts of 
nineteen hundred and eighteen. 

Chapter one hundred and eleven. Special Acta 
of nineteen hundred and nineteen. 

Chapter tv,-o hundred and twelve, acts of nine- 
teen hundred and twenty. 



Chapter two hundred and forty-three, acts of 
nineteen hundred and twenty-one. 



Approved March 10, 1922. 



Chap.lSS An Act relative to the publishing of lists of officla.ls 

AND EMPLOYEES OF THE CITY OF BOSTON AND COUNTY 
OF SUFFOLK. 

Be it enacted, etc., as follows: 

Section 1. Section twenty-seven of chapter four hun- 
dred and eighty-six of the acts of nineteen hundred and nine, 
as amended by section one of chapter one hundred and 
sixty-eight of the Special Acts of nineteen hundred and nine- 
teen, is hereby further amended by inserting after the words 
"pay rolls" in the twelfth line the words: — and to keep a 
copy of said lists open for public inspection, — and also by 



1909, 486, § 27, 
etc., amended. 



Acts, 1922. —Chap. 134. 149 

iitlding at the end tliereof the words: — in the year nineteen 
hundred and t\vent>'-three and every two years thereafter, 
— so as to reatl as follows: — Section 27. Every officer and f'"'^H'""J 9^, 
board ni eharffe of a department of the city of Boston or and employees 

^~ of citv of 

county of Suffolk shall on or before the sixth day of June in Boston and 
each year prepare and furnish to the city auditor a list of the suMk" 
officials and employees under said officer or l)oard and paid 
by the city or county on the first day of Jiuie preceding. 
Such lists shall give the names, residence by street and ward, 
designation, compensation, and date of election or appoint- 
ment of each of said officials and employees and the date 
when each first entered the employ of the city or county. 
It shall be the duty of the city auditor to verify said lists by 
the pay rolls and to keep a copy of said lists open for public 
inspection; and when verified the said lists shall be printed 
by the superintendent of printing as a city document in the 
year nineteen hundred and twenty-three and every two years 
thereafter. 

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

Apinoved March 10, 1922. 

An Act relative to the pensions payable to retired nhnj) 134 

EMPLOYEES OF THE BOSTON PROTECTIVE DEPARTMENT. 

Be it enacted, etc., as follows: 

Section one of chapter two hundred and thirty-three of the i904, 233, § 1, 
acts of nineteen hunrlred and four is hereby amended by '*"'®"'^®'^- 
striking out all after the word "tlian" in the tenth line and 
inserting in place thereof the following: — twenty-five con- 
secutive years and who is fifty-five years of age or over. In 
case of permanent incapacity from injuries received in the 
actual performance of duty, the annual pension shall be an 
amount not exceeding two thirds of the compensation which 
the injured employee was receiving at the time of his retire- 
ment, except that a member of the auxiliary force shall re- 
ceive an amount not exceeding tw^o thirds of the compensa- 
tion payable in the regular fifth grade. The compensation 
of employees who are retired after having served twenty-five 
or more years, as aforesaid, and after reaching the age of 
fifty-five years, shall be an amount not exceeding one half of 
their compensation at the time of retirement, — so as to read 
as follows: — Section 1. The board of directors of the Boston Boston Pro- 
Protective Department, by a majority vote, shall have au- ^nTnmy''*'^*" 
thority to retire and place upon a pension roll any employee pens?on"em- 

ployees, etc. 



150 Acts, 1922. —Chaps. 135, 136. 

of the department who is certified in writing by the medical 
officer of the department to be permanently incapacitated, 
either mentally or physically, from performing his duties as 
such employee by reason of injuries received in the actual 
performance of duty; or any employee who has performed 
faithful service in the department for not less than twenty- 
five consecutive years and who is fifty-five years of age or 
over. In case of permanent incapacity from injuries received 
in the actual performance of duty, the annual pension shall 
be an amount not exceeding two thirds of the compensation 
which the injured employee was receixing at the time of his 
retirement, except that a member of the auxiliary force shall 
receive an amount not exceeding two thirds of the compen- 
sation payable in the regular fifth grade. The compensation 
of employees who are retired after having served twenty-five 
or more years, as aforesaid, ant! after reaching the age of 
fifty-five years, shall be an amount not exceeding one half of 
their compensation at the time of retirement. 

Approved March 10, 19 



Chap. 135 An Act requiring notification to the assessors by 

CERTAIN CITY AND TOWN OFFICIALS OF THE RECEIPTS OF 
THE PRECEDING YEAR. 

Be it enacted, etc., as follows: 

ScUon aft!f7 Chapter forty-one of the General Laws is hereby amended 
§54. by inserting after section fifty-four the following new sec- 

Certaincity tiou: — Sectiou 54A. The auditor or similar officer in cities 
officiairto and the town accountant, if any, otherwise the town treasurer 
ofri^efpts X^ in towns, shall notify the assessors, not later than May first 
preceding year, j^^ ^fich year, of the total rcccipts of the preceding financial 
year, except from taxes, loans and trust funds, and shall 
specify in detail the source of such receipts. 

Approved March 10, 1922. 

Chap. 136 An Act rel.\tive to the bar association of the city 

OF BOSTON. 

Be it enacted, etc., as folloios: 

imendy ^' Scctlou two of cliaptcr twenty-two of the acts of eighteen 

hundred and eighty-six is hereby amended by inserting after 
the word "by", in the second line, the word: — erection, — 
and by inserting after the word "corporation", in the third 
line, the words: — with authority to sell, lease or rent the 
same or any part thereof, — and by striking out, in the 



Acts, 1922. —Chaps. 137, 138. 151 

thirteenth Hue, the words "five hundred thousand" and in- 
serting in place thereof the words: — one miUion, — so as to 
read as follows : — Section 2. Said corporation shall have The Bar 

1 .• 1 1 -J. 1 1 Association of 

power to acquire, by erection, lease or purchase, a suitable theCityof 
building, library, and furniture for the use of the corporation ^°j*u?r",'^en, 
with authority to sell, lease or rent the same or any part pe^rso^nai' ^"'^ 
thereof; to borrow money for such purposes and issue bonds property. 
therefor, and to secure the same by mortgage; and generally 
to acquire and take by purchase, gift, devise, bequest, subject 
to the provisions of law relating to devises and bequests by 
last will and testament, or otherwise, and to hold, transfer 
and convey all or any such real or personal property as may 
be necessary for attaining the objects and carrying into effect 
the purposes of such corporation: lyrovided, it shall not hold Proviso, 
any real estate the \-alue of which shall exceed in the aggre- 
gate one million dollars. Ajjproved March 10, 1922. 

An Act providing for certain requirements in case Chap. 1S7 
OF the transfer of possession of bovine animals 

WHICH have reacted TO A TUBERCULIN TEST. 

Be it enacted, etc., as follows: 

Chapter one hundred and twenty-nine of the General Laws g. l. 129, new 
is hereby amended by inserting after section thirty-three the f 3!!°" ^^^^'" 
following new section: — Section 33 A. Any bovine animal Requirements 
to which a tuberculin test has been applied may be marked transferor 
for identification by the insertion into its external ear of a boviM^animais 
metal tag provided by the director. Any person who sells, Tealfted'tot 
exchange* or otherwise disposes of an animal which to his tuberculin test. 
knowledge has reacted to a tuberculin test shall, at the time 
said reacting animal leaves his possession, furnish the new 
owner or person into whose charge the animal is transferred 
with a true copy of the record of said test or a written state- 
ment of the fact of such reaction, signed by him and witnessed. 
Failure to comply with any provision of this section shall be Penalty. 
punished by a fine of not more than one hundred dollars or 
by imprisonment for not more than thirty days. 

Approved March 10, 1922. 

An Act authorizing the county of hampden to pen- C/iap. 138 

SION GEORGE LEONARD. 

Be it enacted, etc., as follows: 

Section 1. The county commissioners of the county of County of 
Hampden may retire George Leonard, for thirty-eight years pension George 



152 



Acts, 1922. — Chaps. 139, 140. 



To be sub- 
mitted to 
county com- 
missioners, etc. 



clerk of the district court of Springfield and now seventy-two 
years of age, on an annual pension equal to one half the 
annual compensation received by him in said capacity at 
the time of his retirement, payable by said county in monthly 
instalments. 

Section 2. This act shall take effect upon its acceptance 
prior to December thirty-first in the current year by the 
county commissioners of the county of Hampden. 

Approved March 10, 1922. 



Chap. 139 An Act authorizing the city of woburn to pension 

ROBERT T. SPENCER. 

Be it enacted, etc., as follows: 

Section 1. The city of Woburn may pay to Robert T. 
Spencer, who after a service of more than thirty years as an 
employee in its water department retired in nineteen hun- 
dred and twenty on account of disability, an annual pension 
for the remainder of his life equal to one half the annual 
compensation paid him at the time of his retirement. 

Section 2. This act shall take effect upon its acceptance 
by vote of the city council of said city, subject to the pro- 
visions of its charter; proxided, that such acceptance occurs 
prior to December thirty-first in the current year. 

Approved March 10, 1922. 



City of Woburn 
may pension 
Robert T. 
Spencer. 



To be 

submitted to 
city council, 
etc. 
Proviso. 



Chap.l4:0 ^^ ^^^ providing for a preliminary election for 
the choice of municipal officers in the* city of 

BEVERLY. 



Preliminary 
elections for 
choice of 
municipal 
officers in city 
of Beverly. 



Polling hours. 



Be it enacted, etc., as follows: 

Section 1. On the third Tuesday preceding every mu- 
nicipal election in the city of Beverly at which any elective 
municipal office is to be filled, except as is otherwise provided 
in section eight, there shall be held a preliminary election for 
the purpose of nominating candidates therefor. The mu- 
nicipal election in the current year shall be held on the third 
Tuesday in December. No special election for mayor or any 
other officer shall be held until after the expiration of forty 
days from the calling of a preliminary election, except as is 
otherwise provided herein. At every annual, preliminary 
and special election the polls shall be opened at six o'clock in 
the forenoon, and shall remain open until four o'clock in the 



Acts, 1922. —Chap. 140. 153 

afternoon, and tlie hnvs of the commonwealth relative to Certain election 
city elections shall a]^ply thereto, except as is otherwise ''*""' *" '^'''*'^' 
specifically proNitled herein. 

Section 2. Except as other\A-ise provided herein, there Names of 
shall not be printed on the official ballot to be used at any l^ppeTo""* *° 
annual or special election the name of any person as a candi- of gpedai'*"""''' 
date for anv office unless such person has been nominated as elections unless 

• , . ^ t- ^ ^ noniHiatecl at 

such at a preliminary election for nommation, held as pro- preliminary 

M t- ' clGCtlOUS etc 

nded herein. Tiiere shall not be printed on the official 
ballot for use at such preliminary election the name of any 
candidate for nomination at such preliminary election, un- 
less he shall have filed, within the time limited by section 
three, the statement therein described. 

Section 3. Any person who is qualified to vote for a who may be 
candidate for any elective municipal office, and who is a *''*" ' ^^^^' 
candidate for nomination thereto, shall be entitled to have 
his name as such candidate printed on the official ballot to 
be used at a preliminary election; provided, that at least Proviso, 
ten days prior to such preliminary election he shall file with 
the city clerk a statement in writing of his candidacy, and 
with it the petition of at least fifty voters, qualified to vote 
for a candidate for the said office. Said statement and pe- 
tition shall be in substantially the following form : — 



STATEMENT OF CANDIDATE. 

I, ( ), on oath declare that I reside at ^°™°p*^*''' 

(number if any) on (name of street) in the city of Beverly; candidate. 
that I am a voter therein, qualified to vote for a candidate 
for the hereinafter mentioned office; that I am a candidate 
for the office of (name of office) for (state the term) to be 
voted for at the preliminary election to be held on Tuesday, 
the day of , nineteen hun- 

dred and , and I request that my name be 

printed as such candidate on the official ballot for use at 
said preliminary election. 

(Signed) 
Commonwealth of Massachusetts, Essex ss. 

Subscribed and sworn to on this day 

of nineteen hundred antl 

before me, 
(Signed) 
Justice of the Peace, 
or (Notary Public). 



154 



Acts, 1922. — Chap. 140. 



Petition 
accompanying 
statement of 
candidate. 



Acceptance 
and oath not 
required. 



Names of 
candidates, 
when to be 
posted. 



Ballots to be 
printed. 



Drawings for 
position on 
ballot. 

Blank spaces 
to be left on 
ballots, etc. 



PETITION ACCOMPANYING STATEMENT OF CANDIDATE. 

Whereas (name of candidate) is a candidate for nomi- 
nation for the office of (state the office) for (state the term), 
we the undersigned, voters of the city of Beverly, duly 
qualified to vote for a candidate for said office, do hereby 
request that the name of said (name of candidate) as a 
candidate for nomination for said office be printed on the 
official ballot to be used at the preliminary election to be 
held on the Tuesday of , 

nineteen hundred and 

We further state that we believe him to be of good moral 
character and qualified to perform the duties of the office. 

No acceptance by a candidate for nomination named in 
the said petition shall be necessary to its validity or its 
filing, and the petition, which may be on one or more papers, 
need not be sworn to. 

Section 4. On the first day, other than Sunday or a 
legal holiday, following the expiration of the time for filing 
the above described statement and petition, the city clerk 
shall post in a conspicuous place in the city hall the names 
and residences of the candidates for nomination who have 
duly qualified as candidates for nomination, as they are to 
appear on the official ballots to be used at the preliminary 
election, except as to the order of the names, and shall cause 
the ballots which shall contain said names, in theii- order as 
drawn by the clerk, and no others, with a designation of 
residence, and of the office and term of service, to be printed, 
and the ballots so prmted shall be official atid no others shall 
be used at the preliminary election. In drawings for position 
on the ballot the candidates shall have an opportunity to be 
present in person or by one representative. Blank spaces 
shall be left at the end of each list of candidates for nomi- 
nation for the different offices equal to the number to be 
nominated therefor, in which the voter may insert the name 
of any person not printed on the ballot for whom he desires 
to vote for nomination for such office. There shall be printed 
on such ballots such directions as will aid the voter, as, for 
example: "vote for one", "vote for two", and the like, and 
the ballots shall be headed as follows : — 



Acts, 1922. —Chap. 140. 155 



OFFICIAL PRELIMINARY BALLOT. 

Candidates for noinlnatioii for the offices of ( ) Official 

in the city of Beverly. At a prehminary election to be held batiX'heading. 
on the day of in the year 

nineteen hundred and 

(The heading shall be varied in accordance with the offices 
for which nominations are to be made.) 

Section 5. No ballot used at any preliminary, special or Party or 
annual election shall have printed thereon, or appended to designations, 
the name of any candidate, any party or other political *''*=• prohibited. 
designation or mark, or anything showing how any candidate 
was nominated, or indicating his views or opinions. 

Section 6. The election officers shall, immediately upon Counting of 
the closing of the polls at preliminary elections, count the ^e'turnoTvotes. 
ballots and ascertain the number of votes cast in the several 
voting places for each candidate, and forthwith make return 
thereof upon blanks to be furnished, as in annual elections, 
to the city clerk who shall canvass said returns and shall 
forthwith determine the result thereof, publish the same in 
one or more newspapers published in the city, and post the 
same in a conspicuous place in the city hall. 

Section 7. The two persons receiving at a preliminary Nominations, 
election the highest number of votes for nomination for an m°ined^*^'^ 
office shall be the sole candidates for that office whose names 
may be printed on the official ballot to be used at the annual 
or special election at which such office is to be filled, and no 
acceptance of a nomination at a preliminary election shall 
be necessary to its validity. 

If two or more persons are to be elected to the same office Candidates* 
at such annual or special election the several persons in prhitedon^ 
number equal to twice the number so to be elected receiving ^^^'^^ ballots. 
at such preliminary election the highest number of votes for 
nomination for that office, or all such persons, if less than 
twice the number of those so to be elected, shall be the sole 
candidates for that office whose names may be printed on 
the official ballot. 

If the preliminary election results in a tie vote among Results of tie 
candidates for nomination receiving the lowest number of ^°*^' 
votes, which, but for said tie vote, would entitle a person 
receiving the same to have his name printed upon the official 
ballot for the election, all candidates participating in said 
tie vote shall have their names printed upon the official 



156 



Acts, 1922. —Chap. 141. 



When in- 
sufficient 
number of 
statements 
have been filed 
candidates 
filing state- 
ments to be 
deemed to 
have been 
nominated, etc. 



Preliminary 
elections, when 
not to be held. 



To be 

submitted to 
voters, etc. 



ballot, although in consequence there be printed thereon 
candidates to a number exceeding twice the number to be 
elected. 

Section 8. If at the expiration of the time for filing 
statements of candidates to be voted for at any preliminary 
election not more than twice as many such statements have 
been filed with the city clerk for an office as are to be elected 
to said office, the candidates whose statements have thus 
been filed shall be deemed to have been nominated to said 
office and their names shall be printed on the official ballot 
to be used at such annual or special election, and the city 
clerk shall not print said names upon the ballot to be used at 
said preliminary election, and no other nomination to said 
office shall be made. If it shall appear that no names are to 
be printed upon the official ballot to be used at any prelimi- 
nary election, no preliminary election shall be held, or, if no 
candidate is to be voted on at any such election in any ward, 
no preliminary election shall be held in such ward. 

Section 9. This act shall be submitted to the voters of 
the city of Beverly at the state election in the year nineteen 
hundred and twenty-two in the form of the following ques- 
tion, to be placed upon the official ballot: — "Shall an act 
passed by the general court in the current year entitled 'An 
Act proxading for a preliminary election for the choice of 
municipal officers in the city of Beverly' be accepted?" If 
a majority of the votes cast thereon are in the affirmative, 
this act shall take effect, but not otherwise. 

Approved March 10, 1922: 



1867, 333, § 2, 
etc., amended. 



Chap.\4:\ An Act increasing the number of trustees of the 

EPISCOPAL THEOLOGICAL SCHOOL IN CAMBRIDGE AND AL- 
LOWING THEM TO HOLD ADDITIONAL REAL AND PERSONAL 
ESTATE. 

Be it enacted, etc., as follows: 

Section 1. Section two of chapter three hundred and 
thirty-three of the acts of eighteen hundred and sixty-seven, 
as amended by chapter thirty-seven of the acts of eighteen 
hundred and eighty-nine, by chapter one hundred and twenty 
of the acts of nineteen hundred and ten and by chapter 
eighty-seven of the acts of nineteen hundred and thirteen, is 
hereby further amended by striking out, in the second line, 
the word "nine" and inserting in place thereof the word: 
Trustees of the — clcvcn, — SO as to Tcad as follows: — Section 2. The 

Episcopal 
Theological 



Acts, 1922. —Chap. 142. 157 

numlxn- of said tnistot's shall bo eleven, and in case of any Rchooi, number 

, , , , , . . , ,, '^ of trustees, etc. 

vacancy caused by tiic death, resignation or removal ot any 
trustee, a new trustee shall be elected by the stirviving or 
remaining trustees; and any trustee may be removed from 
office by the unanimous vote of all the remaining trustees. 
Said trustees may ap])oint such officers as they think fit for 
the management of the afi'airs of the corporation, and they 
shall appoint all professors, lecturers, tutors and instructors 
in the said school, prescribe their duties, and fix their salaries 
and tenure of office. 

Section 2. The Trustees of the Episcopal Theological ^nd^p^eiJnaf* 
School at Cambridge are hereby authorized to hold real and estate, etc. 
personal estate to the amount of tliree million dollars for the 
purposes named in their act of incorporation; and no gift, 
devise, bequest or conveyance of real or personal estate here- 
tofore made to said corporation shall be invalid by reason of 
the limit heretofore imposed by law upon the amount of 
such estate allowed to be held by it. 

Apjjroved March 10, 1922. 

An Act providing for the filling of certain vacancies (7/j,(2X) 142 

IN THE house of REPRESENTATIVES. 

Be it enacted, etc., as follows: 

Section one hundred and forty-one of chapter fifty-four of ^niiicfed ^ '*^' 
the General Laws is hereby amended by inserting after the 
word "vacancy" in the twelfth line the following: — ; pro- 
vided, that if such vacancy occurs during a recess between 
the first and second annual sessions of the same general 
court, the speaker may fix the time for an election to fill 
such vacancv, — -so as to read as follows: — Section i/i. Failure to elect 

' , ... , or vacancy in 

Lpon railure to choose a representative in the general court house of 
at the biennial state election, a certificate thereof shall be tives."*^" ^' 
transmitted forthwith to the state secretary bv the officers 
required to transmit certificates of election, and another 
election to fill the vacancy for such representative shall be 
held on the fourth Monday of the same month of Nov^ember. 

Upon a vacancy in the office of representative in the speaker to issue 
general court or upon failure to elect on the fourth Monday when!'*^' 
of November, the speaker of the house of representatives 
shall issue precepts to the aldermen of each city and the 
selectmen of each town comprishig the district or any part 
thereof, appointing such time as the house of representatives 
may order for an election to fill such vacancy; provided, Proviso. 



158 



Acts, 1922. — Chap. 143. 



that if such vacancy occurs during a recess between the first 
and second annual sessions of the same general court, the 
speaker may fix the time for an election to fill such vacancy. 
Upon receipt of such precepts, the aldermen or the selectmen 
shall call an election, which shall be held in accordance with 
the precepts. Approved March 10, 1922. 



G. L. 62, § 37, 
amended. 



Assessments 
with interest, 
under income 
tax law, after 
return is 
verified, etc. 



C/iap.l43 An Act authorizing the charging of interest on be- 
lated ASSESSMENTS UNDER THE LAW RELATIVE TO THE 

taxation of income. 

Be it etiaded, etc., as follows: 

Section thirty-seven of chapter sixty-two of the General 
Laws is hereby amended by inserting after the word "same" 
in the fifth line the words : — , with interest at six per cent 
from the date when such tax was due under section thirty- 
nine, — by inserting after the word "tax" in the thirteenth 
line the words: — , with interest as aforesaid, — and by in- 
serting after the word "tax" in the twenty-first line the 
words : — and interest aforesaid, — so as to read as follows : 
— Section 37. If the commissioner finds from the verifica- 
tion of a return, or otherwise, that the income of any person 
subject to taxation under this chapter or any portion thereof, 
has not been assessed, he may, at any time within two years 
after September first of the year in which such assessment 
should have been made, assess the same, with interest at six 
per cent from the date when such tax was due under section 
thirty-nine, first giving notice to the person so to be assessed 
of his intention, and such person shall thereupon have an 
opportunity within ten days after such notification to confer 
with the commissioner in person or by counsel or other 
representative as to the proposed assessment. After the ex- 
piration of ten days from such notification the commissioner 
shall assess the income of such person subject to taxation, or 
any portion thereof, which he believes has not theretofore 
been assessed, and he shall thereupon give notice under 
section thirty-nine to the person so assessed, and the tax, 
with interest as aforesaid, shall be payable fourteen days 
after the date of such notice. The pro\asions of this chapter 
in respect to the abatement and collection of taxes shall apply 
to a tax so assessed. Whenever, in the course of a verifica- 
tion of the returns of a taxpayer under section thirty, the 
commissioner finds that an overpayment of the total amount 



Offset of taxes 

erroneously 

paid. 



Acts, 1922. —Chap. 144. 159 

of taxes due from such taxpayer has been made on any year's 
return subject to \enficatIon, the amount of such over])ay- 
ment sliall be dechictcd from tJie amount of any additional 
tax and interest aforesaid found to be due on any other 
year's return so verified, and only the net amount thus de- 
termined to be due shall be assessed additionally. 

Approved March 10, 1922. 



An Act providing for the appointment of a building (7/.^^ \aa 
commissioner in the city of brockton. 

Be it enacted, etc., as follows: 

Section 1. The superintendent of public buildings in the cityof 
city of Brockton shall hereafter be known as the building buUdinTcom- 
commissioner. He shall be appointed in the month of ^''*'^'°n'tment 
December by the mayor, subject to the approval of the term, etc. 
board of aldermen, for the term of two years from the first 
Monday of the follo^^^ng January and shall hold office until 
the appointment and qualification of his successor. Any 
vacancy in said office shall be filled for the unexpired term in 
the same manner as an original appointment. 

Section 2. The city council may, by ordinance, provide Board of 
for the appointment by the mayor, subject to the approval pomtmen'ti 
of the board of aldermen, of a board of appeal, consisting of SuS ^""^ 
three members. Said board shall have power to review the 
acts and decisions of the building commissioner and to annul, 
modify or confirm the same, notwithstanding the provisions 
of chapter one hundred and forty-three of the General Laws. 
Said board shall have such powers and duties not inconsistent 
with general law as may be prescribed by ordinance. 

Section 3. Except in cases in which other pro\ision is Penalties for 
made by statute, the city may prescribe penalties not ex- ce?tain°° °^ 
ceeding one hundred dollars for violation of ordinances made ordinances, 
hereunder. 

Section 4. So much of chapter three hundred and Repeal. 
thirty-five of the acts of eighteen hundred and ninety-three 
as is inconsistent herewith is hereby repealed. 

Section 5. This act shall take effect upon its acceptance To be sub- 
by vote of the city council of said city, subject to the pro- Suncfi^etc.*^ 
visions of its charter; provided, that such acceptance occurs Proviso. 
prior to December thirty-first in the current year. 

Approved March 10, 1922. 



160 



Acts, 1922. — Chaps. 145, 146, 147. 



Chap. 14:5 An Act increasing the amoitnt of money that may be 

EXPENDED BY THE TOWN OF OAK BLUFFS FOR -ADVER- 
TISING THE TOWN AND FOR PUBLIC AMUSEMENTS. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter one hundred and 
twelve of the acts of nineteen hundred and ten. is hereby 
amended by striking out, in the fourth line, the word "one" 
and inserting in place thereof the word : — three, — so as to 
read as follows : — Section 1 . The town of Oak Bluffs may, 
by a two thirds vote, at its annual town meeting, after due 
legal notice thereof in the warrants under which said meetings 
are called, annually appropriate a sum not exceeding three 
thousand dollars for the purpose of advertising the advan- 
tages of the town and for providing amusements or enter- 
tainments of a public character. 

Section 2. This act shall take effect upon its acceptance 
by a majority of the voters of said town present and voting 
thereon at an annual meeting called for the purpose; and 
for the purpose of being submitted to the voters as aforesaid, 
this act shall take effect upon its passage. 

Approved March 13, 1922. 



1910. 112, § 1, 
amended. 



Town of Oak 
Bluffs may 
appropriate 
nioney for 
advertising the 
town and for 
public amuse- 
ments. 



To be sub- 
mitted to 
voters, etc. 



C/ia7).146 An Act regulating the establishment of permanent 

memorials in the state house. 

Be it enacted, etc., as follows: 

Chapter eight of the General Laws is hereby amended by 
adding at the end thereof the following new section : — Sec- 
tion 21 . No tablet, statue or other memorial of a permanent 
character shall be placed in the state house without the ap- 
proval of the general court. Approved March 13, 1922. 



G. L. 8, new 
section after 
§20. 

Establishment 
of permanent 
memorials in 
state house, 
regulated. 



Chap.Ul 



G. L. 171, § 2, 
amended. 



Credit unions, 
incorporation, 
etc. 



An Act rel.\tive to credit unions. 

Be it enacted, etc., as follows: 

Section 1. Section two of chapter one hundred and 
sevent;s'-one of the General Laws is hereby amended by 
adding at the end thereof the following: — A credit union 
shall organize and commence business within six months 
from the date of its incorporation, other^\^se its charter shall 
become void, — so as to read as follows: — Section 2. Seven 



Acts, 1922. — Chap. 147. 161 

or more persons, resident in tlio commonwealth, who have 
associated thenisehes by a written ajjreement \\'ith the in- 
tention of forming a corporation for the purpose of accumu- 
lating and investing the savings of its members and making 
loans to members for provident purposes, may, with the con- Consent of 
sent of tlie board of bank incorporation, become a corpora- inpirporatitu. 
tion upon complnng with the following section. The board 
of bank incorporation may grant such consent when satisfied 
that the proposed field of operation is favorable to the success 
of such corporation, and that the standing of the proposed 
incorporators is such as to give assurance that its affairs will 
be administered in accordance with the spirit of this chapter. 
A credit union shall organize and commence business within To organize 
six months from the date of its incorporation, otherwise its busiMs'^ within 
charter shall become void. '''^ '^°''^^^' «*"• 

Section 2. Section thirteen of said chapter one hundred ^j^^^-Ph ^ ^'• 
and se\'enty-one is hereby amended by inserting after the 
word "treasurer" in the third line the words: — , and such 
other officers as may be necessary for the transaction of 
the business of the credit union, — by adding at the end of 
the first paragraph the following: — All officers handhng the 
funds of a credit union shall give bond to the directors in 
such amounts and with such sureties and conditions as the 
commissioner may prescribe, and shall file with him an at- 
tested copy thereof, with a certificate of its custodian that 
the original is in his possession, — and by striking out, in 
the ninth and tenth lines, the words "fix the amount of the 
surety bond required of any officer having custody of funds", 
so as to read as follows: — Section 13. The directors, at their Credit unions, 
first meeting after the annual meeting, shall elect from their officers! ° 
own number a president, a vice president, a clerk and a 
treasurer, and such other officers as may be necessary for the 
transaction of the business of the credit union, who shall be 
the executive officers of the corporation, and who shall hold 
office until their successors have qualified. The offices of 
clerk and treasurer may be held by the same person. All S'giw^to^d^'^^ 
officers handling the funds of a credit union shall give bond 
to the directors in such amounts and with such sureties and 
conditions as the commissioner may prescribe, and shall file 
with him an attested copy thereof, with a certificate of its 
custodian that the original is in his possession. 

The board of directors shall have the general direction of dutiefort^ard 
the affairs of the corporation, and shall meet as often as may of directors. 
be necessary. They shall act upon all applications for mem- 



162 



Acts, 1922. — Chap. 147. 



G. L. 171, § 14, 
amended. 



Credit unions, 
supervisory 
committee, 
powers and 
duties. 



Verification of 
pass books. 



Suspension of 
officers. 



bership and upon the expulsion of members, determine the 
rate of interest on loans and deposits, fill vacancies in the 
board of directors until new members have qualified, make 
recommendations to the members of the credit union relati\'e 
to the amount of entrance fee to be charged new members, 
the maximum amount to be loaned any one member, the ad- 
visability of declaring a diN-idend and the amount to be de- 
clared, the need of amendments to the by-laws, and any 
other matters upon which, in their opinion, the members 
should act at any annual or special meeting. When author- 
ized so to do by the members at any annual meeting or at a 
special meeting called for the purpose, the board of directors, 
with the approval of the commissioner, may borrow money 
for the purpose of lending to members. 

Section 3. Section fourteen of said chapter one hun- 
dred and seventy-one is hereby amended by inserting after 
the word "officers" in the fourth line the following: — and, 
under regulations prescribed by the commissioner, shall cause 
to be verified the pass books of the credit union at least 
once every three years, beginning with the year nineteen 
hundred and twenty-two. The supervisory committee shall 
hold meetings at least once each month and shall keep records 
thereof, — so as to read as follows: — Section 14- The super- 
visory committee shall inspect from time to time the se- 
curities, cash and accounts of the corporation and shall keep 
fully informed of its financial condition and shall supervise 
the acts of its board of directors, credit committee and officers 
and, under regulations prescribed by the commissioner, shall 
cause to be verified the pass books of the credit union at least 
once every three years, beginning with the year nineteen 
hundred and twenty-two. The supervisory committee shall 
hold meetings at least once each month and shall keep records 
thereof. At any time the supervisory committee, by a unani- 
mous vote, may suspend any officer of the corporation or any 
member of the credit committee or of the board of directors, 
and, by a majority vote, may call a meeting of the share- 
holders to consider any violation of this chapter or of the 
by-laws, or any practice of the corporation which, in the 
opinion of the committee, is unsafe or unauthorized. Within 
seven days after the suspension of any officer, or any member 
of the credit committee or of the board of directors, the 
supervisory committee shall cause notice to be given of a 
special meeting of the members of the credit union to take 
such action relative to such suspension as may seem necessary. 



Acts, 1922. —Chap. 147. 163 

The supennsory committee may make temporary appoint- vacancies in 
ments to fill ^'a(•allcies caused by the absence, illness or sus- ° 
pension of any officer, director, or member of any committee, 
and shall fill any vacancies in its own number until new 
members have qualified. The board of directors and the 
supervisory connnittee, acting; jointly, shall make appoint- 
ments to fill vacancies in the credit committee until new 
members of the committee have qualified. 
Section 4. Section fifteen of said chapter one hundred ^- ^'Fh ^ ^^' 

•11 iii'*pi amended. 

and seventy-one is hereby amended by msertmg after the 
word "committee" in the fourth line the follo^^^ng: — , or 
the treasurer, or the assistant treasurer if there be one, — so 
that the first paragraph of said section will read .as follows: 

— Section 15. No member of the board of directors or of Credit umons. 
either the credit or supervisory committee shall receive any not to receive 

oi- • ' 1 o .-, 'II 'i compensation, 

compensation tor his services as a member or the said board etc. 
or of such committee, nor shall any member of the credit or 
super\'isory committee, or the treasurer, or the assistant 
treasurer if there be one, directly or indirectly, borrow from 
the corporation or become surety for any loan or advance 
made by it. 

Section 5. Section seventeen of said chapter one hun- g. l. i7i, § i7, 
dred and seventy-one is hereby amended by adding at the ^™®°*^^'^- 
end thereof the following : — Investments, other than loans, 
shall be made only with the approval of the board of directors, 

— so as to read as follows: — Section 17. The capital, de- Credit unions, 
posits and surplus funds of a credit union shall be invested in funds*™^"* "^ 
loans to members, with the approval of the credit committee 

as provided in the following section; and any capital, de- 
posits or surplus funds in excess of the amount for which 
loans shall be approved by the credit committee may be 
deposited in savings banks or trust companies incorporated 
under the laws of the commonwealth, or in national banks 
located therein, or may be invested in the bonds of any other 
credit union, or in any securities which are at the time of 
their purchase legal investments for savings banks in the 
commonwealth, or, with the approval of the commissioner, 
may be deposited in other credit unions or may be invested 
in the shares of other credit unions or co-operative banks in- 
corporated in the commonwealth; pro\ided, that the total p^viso. 
amount invested in the shares of other credit unions or co- 
operative banks shall not exceed thirty per cent of the capital 
and surplus, and that not more than twenty per cent shall 
be invested in the shares of other credit unions, nor more 



164 



Acts, 1922. — Chap. 148. 



Approval of 
board of 
directors. 



than twenty per cent in co-operative bank shares. Invest- 
ments, other than loans, shall be made only ^nth the approval 
of the board of directors. Approved March 13, 1922. 



G. L. 130, § 61, 
amended. 



Restrictions on 
taking of 
white perch. 



C/iap. 148 An Act establishing a close season on white perch 

IN certain waters. 

Be it enacted, etc., as follows: 

Section sixty-one of chapter one hundred and thirty of the 
General Laws is hereby amended by inserting after the word 
"perch" the first time it occurs in the second line the follow- 
ing: — since nineteen hundred and ten any white perch be- 
tween March first and June first in any year, or sell or offer 
or expose for sale or hav^e in possession a white perch so 
taken between said dates, nor shall he take from such waters, 
— and by inserting after the word "taken" in the fifteenth 
line the words: — , sold, offered or exposed for sale, — so as 
to read as follows: — Section 61. No person shall take from 
waters stocked by the director or his predecessors with 
white perch since nineteen hundred and ten any white perch 
between March first and June first in any year, or sell or 
offer or expose for sale or have in possession a white perch so 
taken between said dates, nor shall he take from such waters 
any white perch otherwise than by angling or less than seven 
inches long or have the same in possession nor shall he take 
therefrom a total of more than ten pounds in any day, except 
that if the last fish caught increases the total weight of the 
fish caught to more than ten pounds, the last fish so taken 
may be kept; provided, that when two or more persons are 
angling from the same boat or raft they shall not take more 
in the aggregate than fifteen pounds, except that if the last 
fish caught increases the total weight of the fish caught by 
such persons to more than fifteen pounds, the last fish so 
taken may be kept. This section shall not apply to waters 
now or hereafter held under lease by the commonwealth or 
by the commissioner of conservation. Violation of any pro- 
vision of this section shall be punished by a fine of not more 
than twenty-five dollars and five dollars additional for every 
fish so unlawfully taken, sold, offered or exposed for sale, or 
had in possession. Approved March 14, 1922. 



Proviso. 



Penalties. 



Acts, 1922. — Chaps. 149, 150. 165 



An Act aitthorizing the town of siiaron to refund C/ta».149 

TO THE PETTEE COMPANY CERTAIN TAXES ILLEGALLY 
ASSESSED. 

Be it enacted, etc., as follows: 

The town of Sharon may pay to the Pettee Company, a Town of 
corporation organized under the laws of this commonwealth, refun^d cTrtain 
the sum of five hundred and fifty-six dollars and eighty-five assllsed^^*"^ 
cents, being the aggregate amount illegally assessed on the 
personal property of said company and collected from it in 
the years nineteen hundred and eighteen and nineteen hun- 
dred and nineteen. Approved March 14, 1922. 



An Act establishing the acushnet fire and water nfidj) 159 

DISTRICT. 

Be it enacted, etc., as follows: 

Section 1. The inhabitants of the town of Acushnet, ^nd wate/'*^^ 
liable to taxation in said town and residing within the terri- Diatriet, estab- 
tory enclosed within the following boundary lines : — Start- 
ing at the extreme southwesterly point of the Fairhaven and 
Acushnet boundary line from the Acushnet river, thence run- 
ning easterly along the Fairhaven and Acushnet boundary 
line approximately seven thousand seven hundred feet to the 
boundary monument, a stone post at the intersection of a 
private road ; thence following the general line of said private 
road in a northwesterly direction to the intersection of the 
Mattapoisett road approximately six thousand three hun- 
dred and seventy-five feet; thence running northerly and 
westerly about three thousand seven hundred and fifty feet 
to the intersection of White's Factory road and Main street 
or Long Plain road, so-called; thence following the general 
line of White's Factory road in a westerly direction to the 
intersection of the Middle road approximately six thousand 
feet; thence running northerly one thousand feet to Nyes 
Lane; thence running westerly in the general line of Nyes 
Lane to the boundary line between New Bedford and Acush- 
net; thence running southerly and easterly twelve thousand 
feet or more following the boundary line between New Bed- 
ford and Acushnet to the point of beginning, — shall consti- 
tute a water district and are hereby made a body corporate 
by the name of the Acushnet Fire and Water District, for the 



166 



Acts, 1922. —Chap. 150. 



May take over 
certain property 
rights, etc., of 
town of 
Acushnet. 

May contract 
with city of 
New Bedford 
for water 
supply, etc. 



May incur 
indebtednesB. 



May take 
certain waters, 
etc. 



Proviso. 



May take 
certain lands, 
etc. 



Proviso. 



May construct 
dams, reser- 
voirs, etc. 



purpose of supplying themselves with water for the extin- 
guishment of fires and for domestic and other purposes. 

Section 2, Said district is hereby authorized to take 
over all property rights and assume all obligations of the 
town, so far as the same relate to the water supply established 
by the town of Acushnet. Said district may contract with 
the city of New Bedford and said city may furnish said dis- 
trict with water in the manner set forth by chapter one hun- 
dred and twenty-nine of the Special Acts of nineteen hundred 
and fifteen; and said district may incur indebtedness in the 
manner authorized by general law and in the manner and to 
the extent authorized for said town by chapter one hundred 
and eighty-three of the acts of nineteen hundred and twenty- 
one, in so far as such authority has not already been exercised 
by the town of Acushnet. 

Section 3. For the purposes aforesaid, said district, 
acting by and through its water commissioners hereinafter 
provided for, may take by eminent domain under chapter 
seventy-nine of the General Laws, or acquire by purchase or 
otherwise, and hold, the water of any pond or stream or of 
any ground sources of supply by means of driven, artesian or 
other wells within the limits of the town of Acushnet; pro- 
vided, that the amount of water which may be taken shall 
from time to time be determined by vote of the district. 
Said district, acting by and through said water commissioners, 
may also so take, or acquire by purchase or otherwise, and 
hold, all lands, rights of way and easements necessary for 
collecting, storing, holding, purifying and preserving the 
purity of the water and for conveying the same to any part 
of said district; provided, that no source of water supply and 
no lands necessary for preserving the quality of the water 
shall be taken or used without first obtaining the advice and 
approval of the department of public health, and that the 
location of all dams, reservoirs and wells to be used as sources 
of water supply under this act shall be subject to the approval 
of the said department. Said district may construct on the 
lands acquired and held under this act proper dams, reservoirs, 
stand-pipes, tanks, buildings, fixtures and other structures, 
and may make excavations, procure and operate machinery 
and provide such other means and appliances, and do such 
other things as may be necessary for the establishment and 
maintenance of complete and effective water works; and 
for that purpose may construct wells and reservoirs and 
establish pumping works, and may construct, lay and main- 



Acts, 1922. —Chap. 150. 167 

tain aqueducts, conduits, pipes and other works, under or 
over any lands, water courses, railroads, railways anfl public 
or other ways, and along such ways in the town of Acushnet, 
in such manner as not unnecessarily to obstruct the same. 
For the purpose of constructino-, layinjej, maintaining, opera- 
ting and repairing such aqueducts, conduits, pipes and other 
works, and for all proper purposes of this act, said district 
may dig up or raise and embank any such lands, highways or 
other ways in such manner as to cause the least hindrance to 
public travel on such ways; and all things done upon any 
such way shall be subject to the direction of the selectmen of 
the town of Acushnet. Said district shall not enter upon, Requirements 

, ... , I .1 . to enter upon 

construct or lay any conduits, pipes or other works within railroad loca- 
the location of any railroad corporation, except at such time 
and in such manner as it may agree upon with such cor- 
poration, or, in case of failure so to agree, as may be ap- 
proved by the department of pubUc utilities. 

Section 4. Any land taken or acquired under this act Land taken or 
shall be managed, improved and controlled by the board of managed, etc.. 
water commissioners hereinafter provided for, in such manner water wm"- 
as they shall deem for the best interest of the district. missioners. 

Section 5. Any person injured in his property by any Damages for 
action of said water commissioners under this act may recover property, re- 
damages from said district under said chapter seventy-nine; •^^'"■y- e*^". 
provided, that the right to damages for the taking of any Proviso. 
water or water right, or any injury thereto, shall not vest 
until the water is actually withdrawn or diverted by said 
district under authority of this act. 

Section 6. Whenever a tax is duly voted by said district ^^i^^^-^^^of*"*^ 
for the purposes of this act, the clerk shall send a certified taxes. 
copy of the vote to the assessors of the town of Acushnet who 
shall assess the same on said district in the same manner in 
all respects in which town taxes are required by law to be 
assessed. The assessment shall be committed to the town 
collector who shall collect the tax in the manner provided for 
the collection of town taxes, and shall deposit the proceeds 
with the district treasurer for the use and benefit of the dis- 
trict. The district may collect interest on overdue taxes in 
the same manner in which interest is authorized to be col- 
lected on town taxes. 

Section 7. After the acceptance of this act by said town, }|''''^'p^jf|^'°^' 
a meeting of the voters of the territory included within the etc. 
boundaries set forth in section one shall be called, on petition 
of ten or more legal voters therein, by a warrant from the 



168 



Acts, 1922. —Chap. 150. 



Question of 
acceptance of 
the act. 



District clerk, 
district treas- 
urer and board 
of water com- 
missioners, 
election, 
powers, etc. 



Vacancy in 
board, etc. 



To fix water 
rates, etc. 



Net surplus, 
how used. 



selectmen of the town of Acushnet, or from a justice of the 
peace, directed to one of the petitioner.s, requiring him to 
give notice of the meeting by posting copies of the warrant 
in two or more pubHc places in the district seven days at 
least before the time of the meeting. One of the petitioners 
shall preside at the meeting until a clerk is chosen and sworn, 
and the clerk shall preside until a moderator is chosen. After 
the choice of a moderator, the question of the acceptance of 
this act shall be submitted to the voters, and if it shall be 
accepted by a majority of the voters present and voting 
thereon it shall take full effect, and the meeting may then 
proceed to act upon the other articles contained in the 
warrant. 

Section 8. Said district shall, at the same meeting at 
which this act is accepted and after such acceptance, elect by 
ballot a district clerk and a district treasurer, who may be 
the same person, to hold office until one year from the next 
succeeding annual meeting, and at each annual meeting 
after the first, their successors shall be elected by ballot for 
one year; and there shall also be elected by ballot three 
persons to hold office, one until three years, one until two 
years, and one until one year, from the next succeeding 
annual meeting, to constitute a board of water commissioners. 
At each annual meeting after the first, one such commissioner 
shall be elected by ballot for three years. All officers of the 
district shall hold office until their successors are elected 
and qualified. All the authority granted to said district by 
this act, and not otherAnse specifically pro\-ided for, shall be 
vested in the board of water commissioners, who shall be 
subject, however, to such instructions, rules and regulations 
as the district may impose by its vote. Any vacancy oc- 
curring in said board from any cause may be filled for the 
remainder of the unexpired term by the district at any legal 
meeting called for the purpose. No money shall be drawn 
from the district treasury except upon the written order of a 
majority of the board. 

Section 9. Said commissioners shall fix just and equitable 
prices and rates for the use of water, and shall prescribe the 
time and manner of payment. The income of the water 
works shall be used to defray all operating expenses, interest 
charges and payments on principal as they become due upon 
any bonds or notes issued under authority of this act. If 
there should be a net surplus remaining after providing for 
the aforesaid charges, it shall be used for such new construe- 



Acts, 1922. —Chap. 150. 169 

tion as said commissioners may determine upon, and in case 
a surplus should remain after pannent for such new con- 
struction the water rates shall be reduced proportionately. 
No money shall be expended in new construction by said 
commissioners except from the net sur])lus aforesaid, unless 
the district appropriates and prcA'ides money therefor. All 
authority vested in said commissioners by the foregoing pro- 
visions of this section shall be subject to the provisions of 
section eight. Said commissioners shall annually, and as Annual report, 
often as the district may require, render to the district a re- 
port upon the condition of the works under their charge and 
an account of their doings, including an account of receipts 
and expenditures. 

Section 10. Said district may adopt by-laws prescribing Adoption of 
by whom and how meetings may be called and notifiefl ; and of meetings, "^^ 
upon the application of ten or more legal voters in the district, ^^^' 
meetings may also be called by warrant from a justice of the 
peace as provided in section sev^en. Said district may also 
choose such other officers, not provided for in this act, as it 
mav deem necessarv or proper. Said district shall have all To have certain 

•' , . ', rights, etc. 

the rights and privileges conferred by law upon water and 
fire districts. 

Section 11. Whoever wilfully or wantonly corrupts, pol- Penalty for 

^ 1 ' 1 tx)lliitiiii!i wfttcr 

lutes or diverts any water obtained or supplied under this etc. 
act, or wilfully or wantonly injures any reservoir, stand-pipe, 
aqueduct, pipe or other property, owned or used by said 
district for the purposes of this act, shall forfeit and pay to 
the district three times the amount of damages assessed 
therefor, to be recovered in an action of tort; and upon con- 
viction of am- of the above wilful or wanton acts shall be 
punished by a fine of not more than one hundred dollars or 
by imprisonment for not more than six months. 

Section 12. The board of water commissioners, estab- Certain board 

, ' of water com- 

lished under chapter two hundred and fifty-eight of the "?|^p°j"^^^' ^ 
Special Acts of nineteen hundred and sixteen, is hereby 
abolished, and all the rights, powers, duties and obligations 
conferred or imposed upon said commissioners shall, upon the 
acceptance of this act by the town of Acushnet and the 
Acushnet Fire and Water District herein established, termi- 
nate. 

Section 13. For the purpose of submission to the voters to be submit- 
of the town this act shall take effect upon its passage. It ^^*°^°'e'"S' 
■ shall fir.st be submitted to the voters of the town of Acushnet 
at a meeting duly called for the purpose; and if accepted by 



170 



Acts, 1922. —Chaps. 151, 152, 153. 



a majority of the voters of said town present and voting 
thereon, it shall take effect for the purpose of submission to 
the voters of the territory included within the boundaries 
set forth in section one. Approved March 16, 1922. 

Chap.151 An Act relative to the filing and recording in the 

OFFICE OF THE STATE SECRETARY OF CERTAIN CERTIFI- 
CATES, ARTICLES AND AFFIDAVITS. 



Be it enacted, etc., as follows: 



G. L. 4, new 
section after 
§7. 



Filing and re- 



tary of certain 
certificates, etc 



Time of taking 
effect. 



Section 1. Chapter four of the General Laws is hereby 
amended by inserting after section seven the following new 
section: — Section 7 A. The certificates, articles of organiza- 
of st'ate sec^e-"" tiou and amendment and affidavits relating to corporations, 
labels and limited partnerships, and to the insignia, ribbons, 
badges, rosettes, buttons and emblems of any society, associa- 
tion or labor union, required by law to be filed and recorded 
in the office of the state secretary shall by the act of filing be 
deemed and taken to be recorded within the meaning of the 
statute requiring such record to be made, and when so filed 
shall be preserved in form convenient for reference. 

Section 2. This act shall take effect as of January first 
in the current year. Approved March 16, 1922. 

Chap. 152 An Act relative to assessors' lists for enrolment in 

the militia. 

Be it enacted, etc., as follows: 

Chapter thirty-three of the (reneral Laws is hereby 
amended by striking out section six and inserting in place 
thereof the following: — Section 6. Assessors shall annually, 
in April or May, make a report of the number of persons 
living within their respective limits liable to enrolment, and 
shall place a certified copy thereof in the hands of the clerks 
of their respective towns, who shall place it on file with the 
records of such town, and annually, in May, June or July, 
transmit reports of the number of such persons to the adjutant 
general. Approved March 16, 1922. 

Chap.l5S An Act authorizing the city of brockton to pension 

erastus w. gorham. 

Be it enacted, etc., as follows: 

ton^m°Iy^pen-' Section 1. The city of Brockton may pay, in equal 
w^Gwham^ weekly instalments, to Erastus W. Gorham, who was care- 



G. L. 33. § 6. 
aniended. 

Assessors' lists 
for enrolment 
in militia. 



Acts, 1922. — Chaps. 154, 155. 171 

taker of the public reading room in its public library for 
thirty-nine years and who is now retired on account of 
physical incapacity, an annual pension not exceeding the 
sum of four hundred dollars. 

Section 2. This act shall take effect upon its acceptance to be sub- 
by vote of the city council of said city, subject to the pro- wuncii.'^etc!*^ 
visions of its charter; provided, that such acceptance occurs Proviso, 
prior to December thirty-first in the current year. 

Approved March 16, 1922. 



An Act authorizing the city of brocIcton to pension Qhav-^^^ 

WALDO V. HOWARD. 

Be it enacted, etc., as follows: 

Section 1. The city of Brockton may pay, in equal cityof^^ ^^ 
weekly instalments, to Waldo V. Howard, an employee of its pension waido 
building department for more than thirty years and who is 
to be retired on account of physical incapacity, an annual 
pension not exceeding the sum of four hundred dollars. 

Section 2. This act shall take effect upon its acceptance To be sub- 
by vote of the city council of said city, subject to the pro- Suncii.^^tc.*^^ 
visions of its charter; provided, that such acceptance occurs Proviso, 
prior to December thirty-first in the current year. 

Approved March 16, 1922. 



An Act authorizing the city of beverly to pay a sum Chap. 155 

OF money to the widow of JAMES J. FAGAN. 

Be it enacted, etc., as follows: 

Section 1 . The city of Beverly may pay, in equal weekly city of Beverly 
instalments, to Henrietta F. Fagan, the widow of James J. SoLy^to 
Fagan, the remainder of the salary to which he would have "'FagM."^""*^ 
been entitled, had he lived and continued to serve as a mem- 
ber of its police department throughout the year nineteen 
hundred and twenty-two. 

Section 2. This act shall take effect upon its acceptance To be sub- 
by vote of the city council of said city, subject to the pro- wuncii.^^tc!*^ 
visions of its charter; provided, that such acceptance occurs Proviso. 
prior to December thirty-first in the current year. 

Apprmed March 16, 1922. 



172 Acts, 1922. —Chaps. 156, 157. 



Chap.l5() An Act relative to the compensation of temporary 

ASSISTANT CLERKS OF DISTRICT COURTS. 

Be it enacted, etc., as follows: 

Sii^ded.' ^ "' Section eleven of chapter two hundred and eighteen of the 
General Laws is hereby amended by striking out, in the 
eighth line, the word "twenty" and inserting in place thereof 

t^m^fa^""^^^' the word: — thirty, — so as to read as follows: — Section 11. 

assistant clerks, jj^ ^j^gp q{ ^}^g abscucc, death or removal of a salaried assistant 

appointment, . . , . . 

compensation, clerk of a district court, other than the municipal court of 
the city of Boston, the clerk, subject to the approval of the 
justice, may appoint a temporary assistant clerk, to act until 
such assistant clerk resumes his duties or until the vacancy 
is filled. A temporary assistant clerk shall be paid by the 
county for each day's service an amount equal to the rate 
by the day of the salary of such assistant clerk; but com- 
pensation so paid to a temporary assistant clerk for service, 
in excess of thirty days in any one year, shall be deducted by 
the county treasurer from the salary of such assistant clerk. 

Approved March 16, 1922. 

Chap. 157 An Act confirming and establishing the union of the 

IMMANUEL-VVALNUT AVENUE CONGREGATIONAL CHURCH OF 
ROXBURY WITH THE ELIOT CONGREGATIONAL CHURCH OF 
ROXBURY. 

Be it enacted, etc., as follows: 

^tT^^ifim-^^' Section 1. The votes and proceedings whereby the 

manuei-wainut mcmbcrs of the Immanucl-Walnut Avenue Congregational 

gregationai Cliurch of Roxburv' bccamc members of The Eliot Congre- 

of Roxbury, gatioiial Cliurch of Roxbury, Boston, Massachusetts, are 

confirmed. i i .-n j j n j 

hereby ratined and conhrmed. 
Same subject. SECTION 2. The votcs and proceedings whereby the 
Immanuel- Walnut Avenue Congregational Church of Rox- 
bury has constituted its deacons a legal body corporate in 
accordance with the provisions of chapter sixty-eight of the 
General Laws are hereby ratified and confirmed. 
^tc'^!to'blSme' Section 3. All papers, records and archives of said 
Stot^Con^r^^" Immanuel-Walnut Avenue Congregational Church of Rox- 
gationai Church bury shall become the property of The Eliot Congregational 
Boston, ' Church of Roxbury, Boston, IVIassachusetts. 

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

Approved March 17, 1922. 



Acts, 1922. —Chaps. 158, 159. 173 



An Act at'tiiorizing the Northampton co-operative QJidj) 158 

BANK to acquire REAL ESTATE FOR THE ACCOMMODATION 
OF ITS BUSINESS. 

Be it enacted, etc., as follows: 

Section 1. The Northampton Co-operative Bank may The North- 
invest a sum not exceeding forty thousand dolkirs in the Co'-Sp°e'rative 
purchase of a suitable site and the erection or preparation of quh-ereaf^' 
a suitable building for the convenient transaction of its busi- ^^^'^*®' ^^''■ 
ness. 

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

Approved March 17, 1922, 



Chap.159 



An Act rel.\tive to investments by savings banks. 

Be it enacted, etc., as follows: 

Section 1. The clause entitled "Sixth" of section fifty- g. l. les, §54, 
four of chapter one hundred and sixty-eight of the General etcrimiiided. ' 
Laws, as amended by chapter two hundred and twenty- nine 
of the acts of nineteen hundred and twenty-one, is hereby 
further amended by adding at the end thereof the following 
new sentence : — A list of the companies whose securities 
prima facie comply with the requirements of this clause shall 
be fm-nished to the commissioner annually, at such time after 
June sixteenth in any year as he shall designate, by the proper 
authorities of the commonwealth having supervasion over 
such companies, — so that said clause will read as follows: — 
Sixth. In the bonds of a gas, electric or water company investments by 
secured by a first mortgage of the franchise and property of fn'tonds'^orgL, 
the company; provided, that the net earnings of the com- ^'ater'*' ^"'^ 
pany, after payment of all operating expenses, taxes and companies. 
interest, as reported to, and according to the requirements 
of, the proper authorities of the commonwealth, have been 
in each of the tliree fiscal years preceding the making of such 
investment equal to not less than four per cent on all its 
capital stock outstanding in each of said years; and, pro- 
vided, that the gross earnings of the company in the fiscal 
year preceding the making of the investment have been not 
less than one hundred thousand dollars. A list of the com- List of 
panics whose securities prima facie comply with the require- to'belu'mshtd' 
ments of this clause shall be furnished to the commissioner tocommis- 

. p T • 1 • sioner of banks. 

annually, at such time after June sixteenth in any year as 



174 



Acts, 1922. — Chap. 159. 



G. L. 168. § 54, 
clause 

"Ninth", sub- 
div. (c), 
amended. 



Investments 
by savings 
banks in bonds 
or notes of gas, 
electric light, 
telephone or 
street railway 
corporations. 
Provisos. 



List of com- 
panies, etc., 
to be furnished 
to commis- 
Bioner of banks. 



G. L. 168, I 54, 
clause 

"Ninth", sub- 
div. (e), par. 
(3), amended. 



Investments 
by savings 
banks in 
certain notes 
secured by 
savings banks 
deposit books 
or co-operative 
bank shares. 



he shall designate, by the proper authorities of the common- 
Avealth having supervision o\'er such companies. 

Section 2. Subdivision (c) of the clause entitled "Ninth" 
of said section fifty-four, contained in lines five hundred and 
sixty to five hundred and seventy, inclusive, of said section, 
is hereby amended by adding at the end thereof the follow- 
ing: — A list of the companies whose securities prima facie 
comply with the requirements of this subdi\'ision shall be 
furnished to the commissioner annually, at such time after 
June sixteenth in any year as he shall designate, by the proper 
authorities of the commonwealth ha\-ing supervision over 
such companies, — so that said subdivision will read as fol- 
lows: — (c) A bond or note of a gas, electric light, telephone 
or street railway corporation incorporated or doing business 
in this commonwealth and subject to the control and super- 
vision thereof: provided, that the net earnings of said corpo- 
ration, 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 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 pro- 
vided, that the gross earnings of said corporation in the fiscal 
year preceding the making or renewing of such loan have 
been not less than one hundred thousand dollars. A list of 
the companies whose securities prima facie comply with the 
requirements of this subdi\ision shall be furnished to the 
commissioner annually, at such time after June sixteenth 
in any year as he shall designate, by the proper authorities 
of the commonwealth having supervision over such com- 
panies. 

Section 3. Paragraph (3) of subdivision (e) of the said 
clause entitled "Ninth", contained in lines five hundred and 
ninety-two and five hundred and ninety -three of said section 
fifty-four, is hereby amended by in.serting after the word 
"therein" in said line five hundred and ninety-three the 
words: — and unpledged shares of co-operative banks at not 
more than ninety per cent of their \nthdrawal value, — so 
that the said paragraph will read as follows : — (5) Deposit 
books of depositors in savings banks at no more than ninety 
per cent of the amount of deposits shown therein and un- 
pledged shares of co-operati\'e banks at not more than ninety 
per cent of their withdrawal value; or. 

Approved March 17, 1922. 



Acts, 1922. —Chaps. 160, 161. 175 



An Act extending the open season on hares and Chap 160 

RABBITS. 

Be it enacted, etc., as follows: 

Chapter one hundred and thirty-one of the General Laws, g. l. i3i, § 46. 
as amended in section forty-six by chapter one hundred and ^ ''■•*"*''° 
fifty-two of the acts of nineteen hundred and twenty-one and 
by section two of chapter one hundred and seventeen of the 
acts of nineteen hundred and twenty-two, is hereby further 
amended by striking out said section forty-six and inserting 
in place thereof the following : — Section 4^. No person, Close season 
except as provided in sections forty-six A, forty-nine, fifty- ^^bbitT 
three and eighty-two to eighty-eight, inclusive, shall hunt, 
take, kill or have in possession a hare or rabbit except be- 
tAveen October twentieth and the last day of February, both 
dates inclusive, or during the open season take or kill more 
than two northern varying hares, otherwise known as Canada 
hares, snow-shoe rabbits or white rabbits, or more than five 
rabbits in any one day, or have in possession more than two 
of the said hares or five of the said rabbits taken or killed 
in any one day; nor shall any person at any time buy, sell, 
offer for sale or have in possession for the purpose of sale a 
hare or rabbit taken or killed in this commonwealth, but 
during the open season in this commonwealth hares or rabbits 
lawfully taken without the commonwealth may be sold; 
provided, that the sale thereof is lawful in the state or country Proviso, 
in which they were taken. This section shall not apply to when not 
European hares in the county of Berkshire which may be 
taken or killed at any time. Approved March 17, 1922. 

An Act relative to the granting of licenses to cer- C/iap. 161 
tain aliens for the catching of lobsters. 

Be it enacted, etc., as follows: 

Section one hundred and four of chapter one hundred and ^tc.^amended*' 
thirty of the General Laws, as amended by section one of 
chapter one hundred and sixteen of the acts of nineteen hun- * 

dred and twenty-one, is hereby further amended by striking 
out, in the fifteenth and sixteenth lines, the words "therein, 
for five years next preceding the date of the Hcense" and in- 
serting in place thereof the words: — in the waters of any 
of the aforesaid counties, for five years next preceding 
December first, nineteen hundred and twenty, — so as to 



176 



Acts, 1922. —Chap. 161. 



Clerks of 
certain cities 
and towns to 
grant licenses 
to catch 
lobsters, etc. 



Libenses for 
aliens. 



Proviso. 



Licenses for 
certain non- 
resident 
citizens. 



Expiration 
of licenses. 



Color, etc., 
of buoys to be 
stated, etc. 



Licenses to be 
exhibited. 



read as follows: — Section IO4. The clerk of any town in 
Essex, Middlesex, Suffolk, Norfolk, Plymouth, Barnstable, 
Bristol, Dukes or Nantucket county, situated on the shores 
of the commonwealth, shall grant licenses in the form pre- 
scribed and upon a blank furnished by the director, to catch 
or take lobsters from the waters of the commonwealth within 
three miles of the shores of the county where the town lies. 
Except as hereinafter provided, such licenses shall be granted 
only to individuals who are citizens of the commonwealth 
and who have resided therein for at least one year next pre- 
ceding the date of the same. The clerk of any such town 
may grant such a license to an,y individual who is an alien 
and who resides in the county where the town lies; provided, 
that such alien has resided in said county, and has been 
actually engaged in lobster fishing in the waters of any of 
the aforesaid counties, for five years next preceding December 
first, nineteen hundred and twenty. A non-resident citizen 
of the United States temporarily residing in any town grant- 
ing such licenses may, during June, July, August and Sep- 
tember in each year, upon payment of the fee required by 
this section procure a hcense to take lobsters for consumption 
by the licensee and his family only. Licenses, except those 
granted to non-residents, shall expire on November thirtieth 
next succeeding the granting of the same unless sooner re- 
voked as provided in the following section. The town clerk 
granting a license shall collect therefor a fee of one dollar, 
which, less fifteen cents to be retained by him, shall be for- 
warded to the director on the first Monday of the following 
month, together with coupons provided by the director for 
a description of the licensee and his buoys, and for such other 
information as may be required. All books of forms furnished 
to town clerks under this section shall be returned to the 
director on January first of each year. Each applicant for a 
license shall state the color scheme or other special markings 
of the buoys to be used by him which shall be set forth in his 
license, and all buoys used by him shall be marked accord- 
ingly and also with the licensee's initials or name which shall 
be branded or cut into the surface of the buoy. A licensee 
under this section shall at all times, while acting in pursuance 
of the license, exhibit his license upon the demand of any 
officer qualified to serve criminal process. 

Approved March 17, 1922. 



Acts, 1922. —Chaps. 162, 163, 164. 177 



An Act relative to the powers of the Jewish Chav. 162 
children's bureau of boston, inc. 

Be it enacted, etc., as follows: 

The Jewish Children's Bureau of Boston, Inc., a corpora- Jewish chii- 
tion organized under chapter one hundred and eighty of the ofBoston,'^*''" 
General Laws, may be appointed guardian of any minor enhiriLT*"^^ 
child in its care, with the same powers and duties as are pre- 
scribed for guardians of minor children h}^ chapter two hun- 
dred and one of the General Laws. 

Approved March 17, 1922. 



An Act aitthorizing the consolidation of the first Qfidj) lg3 

CHURCH IN ROXBURY AND THE ALL SOULS UNITARIAN 
CHURCH OF ROXBURY. 

Be it enacted, etc., as follows: 

Section 1. The All Souls Unitarian Church of Roxbury ah souis 
and the First Church in Roxbury, religious corporations, are chirTh^of Rox- 
herebv authorized to unite under the name of the First chTrclTof^"^^' 
Church in Roxbury. ^ Saf unite. 

Section 2. The said F'irst Church in Roxbury is hereby First Church 
authorized to hold, in addition to real estate used for may hold 
church and parsonage purposes, personal property the in- p'""^^''*^' ^*''' 
come whereof is devoted to the support of the said First 
Church in Roxbury to an amount not exceeding two hun- 
dred thousand dollars. 

Section 3. This act shall take effect upon its acceptance Time of taking 
by both said corporations in accordance with their respective 
charters. An attested copy of the vote of acceptance by Copy of vote 
each corporation shall be filed with the state secretary within to be filed 
one year thereafter. Approved March 17, 1922. I^cretlr^y!' 

An Act reducing the number of copies of the journals (jjidj) 154 

OF THE house OF REPRESENTATIVES OF MASSACHUSETTS 
BAY FROM SEVENTEEN HUNDRED AND FIFTEEN TO SEVEN- 
TEEN HUNDRED AND EIGHTY TO BE PURCIMSED AND DIS- 
TRIBUTED BY THE STATE SECRETARY. 

Be it enacted, etc., as follows: 

Section one of chapter four hundred and thirteen of the 1020, 413 § 1, 
acts of nineteen hundred and twenty is hereby amended by '*™''° ^ ' 



178 



Acts, 1922. — Chaps. 165, 166. 



Purchase of 
journals of 
house of 
representatives 
of Massachu- 
setts Bay from 
1715 to 1780. 



Proviso. 



striking out, in the ninth line, the word "five" and inserting 
in place thereof the word : — three, — and also by striking 
out, in the twelfth line, the word "twelve" and inserting in 
place thereof the word : — seven, — so as to read as follows : 
— Section 1, Whenever the journals of the house of repre- 
sentatives of Massachusetts Bay from seventeen hundred and 
fifteen to seventeen hundred and eighty, inclusive, in volumes 
covering three years, more or less, shall be reprinted accu- 
rately by the Massachusetts Historical Society, in the manner 
and form of volume one, seventeen hundred and fifteen to 
seventeen hundred and seventeen, inclusive, now in the press, 
and approved by the secretary of the commonwealth, the 
secretary shall purchase from the society three hundred copies 
of the said journals at a price not exceeding two dollars and 
fifty cents a volume, but in no year shall there be expended 
more than seven hundred and fifty dollars; provided that if 
the copies are plated, the plates shall be subject to use by the 
commonwealth. Approved March 17, 1922. 



Chap.lQd An Act authorizing the city of Cambridge to pension 

CATHERINE E. STEVENS. 

Be it enacted, etc., as follows: 

Section 1 . The city of Cambridge may pay to Catherine 
E. Stevens, for fifteen years a matron in its police depart- 
ment, an annual pension equal to one half the rate of com- 
pensation received by her during the last year of her em- 
ployment by said city; provided, that she is retired prior to 
December thirty-first in the current year. 

Section 2. This act shall take effect upon its acceptance 
by vote of the city council of said city, subject to the pro- 
visions of its charter; provided, that such acceptance occurs 
prior to December thirty-first in the current year. 

Approved March 17, 1922. 



City of 
Cambridge 
may pension 
Catherine E. 
Stevens. 



To be sub- 
mitted to city 
council, etc. 



Proviso. 



C/iap. 166 An Act relative to the examination of applicants for 

REGISTRATION AS VOTERS. 

Be it enacted, etc., as follows: 

Section forty-four of chapter fifty-one of the General Laws 
is hereby amended by striking out, in the ninth and tenth 
lines, the Avords "double small pica type" and inserting in 
place thereof the words: — type of a size not less than twenty- 



G. L. 51, § 44, 
amended. 



Acts, 1922. —Chap. 167. 179 

four point, — so as to read as follows: — Section 44- The Examination 
rc[:istrars shall examine on oath an applicant for registration for reKistiation 
relative to his qualifications as a voter, and shall, unless he "** ^°*'^'''*- 
is prevented by ])liysical disability, or unless he had the right 
to vote on ]\Iay first, eighteen hundred and fifty-seven, require 
him to write his name in the general register and to read in 
such manner as to show that he is neither prompted nor re- 
citing from memory. Registrars shall be provided by the Constitution 
state secretary with a copy of the constitution of the com- li]^%[typ^.^^' 
monwealth printed in English on uniform pasteboard slips, app1iclnts%tc. 
each containing five lines of said constitution printed in type 
of a size not less than twenty-four point, and with a box so 
constructed as to conceal them from view. The registrars 
shall place said slips in the box, and shall require each appli- 
cant to draw one of said slips from the box and read aloud, 
in full view and hearing of the registrars, the five lines printed 
thereon. Each slip shall be returned to the box immediately 
after the test is finished, and the contents of the box shall be 
shaken up by a registrar before another drawing is made. 
No person failing to read the constitution as printed on the 
slip thus drawn shall be registered as a voter. The registrars 
shall keep said slips in said box at all times. The state 
secretary shall upon request provide new slips to replace those 
worn out or lost. Approved March 17, 1922. 



An Act authorizing the county of Suffolk to pension Chap. 1^7 

ADELINE F. D. ELKINS. 

Be it enacted, etc., as follows: 

Section 1. AdeHne F. D. Elkins, for thirty years a county of 
faithful clerical assistant in the office of the clerk of the pens°ion Adeline 
superior court for ci\il business for the county of Suffolk, ^' °' ^''""^• 
shall, at her request and with the approval of the chief 
justice of said court, be retired on a pension equal to one 
half the annual compensation received by her in said capacity 
at the time of her retirement, payable by said county in 
monthly instalments. 

Section 2. This act shall take effect upon its acceptance To be sub- 
by vote of the city council of the city of Boston, subject to Boston dty 
the pro\asions of its charter; provided, that such acceptance p^J'^f^ ^**'" 
occurs prior to December thirty-first in the current year. 

Approved March 17, 1922. 



180 Acts, 1922. —Chaps. 168, 169. 



Chap.lQS An Act authorizing the city of brockton to make an 

ADDITIONAL WATER LOAN. 

Be it enacted, etc., as foUoics: 

tonVly^make SECTION 1. For the purpose of enlarging or improving 
waterloan"'*' ^^^ watcr \vorks svstem, the city of Brockton may borrow 
from time to time such sums as may be necessar}', not ex- 
ceeding, in the aggregate, two hundred thousand dollars, and 
mav issue bonds or notes therefor, which shall bear on their 
wt Act^f "' face the words, Brockton Water Loan, Act of 1922. Each 
^^22. authorized issue shall constitute a separate loan, and such 

loans shall be payable in not more than twenty years. In- 
debtedness incurred under this act shall be in excess of the 
statutory limit, but shall, except as herein provided, be sub- 
ject to chapter forty-four of the General Laws. 
ofSTn!** Section 2. Said cit}- shall, at the time of authorizing the 

said loan, provide for the payment thereof in accordance 
with section one; and when a vote to that effect has been 
passed, a sum which, with the income derived from \vater 
rates, will be sufficient to pay the annual expense of operating 
its water works and the interest as it accrues on the bonds or 
notes issued as aforesaid, and to make such payments on 
the principal as may be required under this act shall, without 
further vote, be assessed by the assessors of said city annually 
thereafter, in the same manner as other taxes, until the debt 
incurred hereunder is extinguished. 

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

Approved March 17, 1922. 

Chap.lQQ An Act authorizing the city of new Bedford to 

SUPPLY water to ITIE TOWN OF FREETOWN. 

Be it enacted, etc., as foUoics: 

fiidfofd^mry Section L The city of New Bedford may furnish and 
supply water gg}} by meter water to the town of Freetown, or to the in- 
Freetown. habitants thereof, by and under an agreement to be made 

between said city and town, and at a rate which shall not be 

less than that prevailing in said city. 
U)Tn"ma.v'^''''' Section 2. The town of Freetown may, at its own ex- 
i'tc*'^" '"'^'"^' pense, install mains, service pipes and all other equipment 

in the highways and other ])laces in the town necessary to 

receive and distribute water purchased from said city. 
Section 3. This act shall take effect upon its passage. 

Approved March 17, 1922. 



Acts, 1922. —Chaps. 170, 171. 181 



An Act AmioRiziNo the county of Hampshire to con- Chap. 170 

TRIBITE TOWARD THE RECONSTRUCTION OF A PORTION OF 
THE BRIDGE OVER THE CONNECTICUT RIVER BETWEEN 
HOLYOKE AND SOUTH 1I.\DLEY. 

Be it enacted, etc., as follows: 

Section 1. The county of Hampshire may, with the ap- County of 
proval of its county commissioners, contribute a sum not ex- may'TOntHbufc 
ceeding fi\-e thousand dollars, and pay the same to the town ^rlictfon'^"' 
of South Hadley, for the reconstruction of that portion of b?idi°e"over 
the bridge over the Connecticut river between Holvoke and Connecticut 

o 1 TT 11 1-11 • 1 -1 1 '• • "^'^'' between 

bouth Hadley, which the said town is bound to maintain. S°'\°^? '^n'^ 
Section 2. This act shall take effect upon its passage. 

Approved March 17, 1922. 



An Act exempting the holders of certain federal Chap,171 

LICENSES FROM THE PROVISIONS OF LAW RELATIVE TO 
THE PROPAGATION OR REARING AND SALE OF CERTAIN 
BIRDS. 

Be it enacted, etc., as follows: 

Section 1. Section thirty-seven of chapter one hundred ^^nd^!^^^' 
and thirty-one of the General Laws is hereby amended by 
striking out, in the first and second lines, the word "eighty- 
nine" and inserting in place thereof the following: — eighty- 
two to eighty-nine, inclusive, — and also by adding at the 
end thereof the following : — This section shall not prohibit 
the buying, selling, offering for sale or having in possession 
of wild geese, brant, ducks or teal, or any part thereof, by a 
person licensed under federal law so to do, — so as to read 
as follows: — Section 37. Whoever, except as provided in close season 
sections forty and eighty-two to eighty-nine, inclusive, kills gees^*diclL. 
a swan at any time, or pursues, hunts, takes or kills any ^^^' 
other of the anatidse, commonly known as wild geese, brant, 
ducks and teal, between January sixteenth and September 
thirtieth, both inclusive, in Barnstable, Bristol, Dukes or 
Nantucket county, or between December thirty-first and 
September fifteenth in any other county, or buys, sells, offers 
for sale or has in possession any such bird or part thereof 
during the time when the taking or killing of them is pro- 
hibited by law, whenever or wherever said birds may be 
taken or killed, shall be punished by a fine of not less than 
twenty dollars. This section shall not prohibit the buying, 



182 



Acts, 1922. — Chap. 172. 



Exemption 
of certain fed- 
eral licensees. 



G. L. 131, § 81, 
amended. 



Sale, etc., of 
certain wild 
birds and game 
forbidden. 



Exemption of 
certain federal 
licensees. 



selling, offering for sale or having in possession of wild geese, 
brant, ducks or teal, or any part thereof, by a person licensed 
under federal law so to do. 

Section 2. Section eighty-one of said chapter one hun- 
dred and thirty-one is hereby amended by adding at the end 
thereof the following : — This section shall not prohibit 
buying, selling, bartering, exchanging, or in any way dealing 
in or trading with respect to, the dead or liA-ing bodies, or 
any part thereof, of wild geese, brant, ducks or teal by a 
person licensed under federal law so to do, — so as to read 
as follows: — Section 81. No person, except as provided in 
sections forty-six, fifty-two and eighty-two to eighty-nine, 
inclusive, shall buy, sell, barter, exchange, or in any way 
deal in or trade with respect to, the dead or living bodies, or 
any part thereof, of wild birds or game quadrupeds, pro- 
tected by law in any part of the United States, whenever and 
wherever taken or killed. This section shall not prohibit 
buying, selling, bartering, exchanging, or in any w^ay dealing 
in or trading with respect to, the dead or living bodies, or 
any part thereof, of wild geese, brant, ducks or teal by a 
person licensed under federal law so to do. 

Approved March 17, 1922. 



Chap. 172 An Act making further provision for signboards and 

MILESTONES IN CERTAIN CITIES AND TOWNS. 

Be it enacted, etc., a^ follows: 

Section 1. For the purposes specified in section one of 
chapter tliree hundred and ninety-two of the acts of nine- 
teen hundred and twenty, the Pilgrim tercentenary com- 
mission may expend from the treasury of the commonwealth 
such further sums, not exceeding four thousand dollars, as 
may hereafter be appropriated. All smns so expended shall 
be apportioned and assessed upon the cities and towns de- 
scribed in said chapter three hundred and ninety-two in ac- 
cordance with section two thereof. 

Section 2. Said cities and towns, acting through the city 
council or selectmen, shall, at their own expense, keep the 
signs and milestones, erected mider authority of said chapter 
three hundred and ninety-two and of this act, within their 
respective limits, in good condition and repair, and in case 
of their destruction, shall replace the same after the manner 
and style of the originals. Approved March 17, 1922. 



Pilgrim ter- 
centenary com- 
mission may 
expend further 
sums for sign- 
boards and 
milestones in 
certain cities 
and towns. 



Cities and 

towns to keep 
signs, etc., in 
repair, etc. 



Acts, 1922. — Chaps. 173, 174. 183 



An Act establishing a municipal gas and electric Chav 173 

COMMISSION IN THE CITY OF HOLYOKE. 

Be it enacted, etc., a^ follows: 

Section 1 . There is hereby estabhshed an unpaid com- city of 
mission to be known as the municipal gas and electric com- ^ic'pauLsTnd 
mission of the city of Holyoke, to consist of three members, mtssfon^^ab- 
who shall be appointed in the manner and for the terms ''^|j,"y'"^ ,• 
hereinafter provided. Said commission shall be vested with etc. 
all the powers and duties heretofore exercised by the mayor 
of said city under the provisions of chapter one hundred and 
sixty-four of the General Laws, and in addition thereto shall 
have such powers and duties as are now conferred or im- 
posed by said chapter upon municipal light boards in towns. 

Section 2. The mayor of said city shall, subject to con- Terms of office. 
firmation by the board of aldermen, appoint prior to July vacancies, etc. ' 
first, nineteen hundred and twenty-two, one member of said 
commission to serve for two years, one for four years and 
one for six years, from the first Monday of July, and there- 
after as the term of any member expires, a successor shall be 
appointed for the term of six years. Vacancies shall be filled 
in like manner for unexpired terms. The members shall in 
all cases hold office until their successors are chosen and 
qualified. 

Section 3. This act shall take effect upon its acceptance To be sub- 
by the board of aldermen of said city; provided, that such ^f'aidirme'S'."*^ 
acceptance occurs prior to June first in the current year. So p'' . 
much of this act as authorizes its acceptance by said board 
of aldermen shall take effect upon its passage. 

Approved March 18, 1922. . 



An Act relative to the height of buildings in the Phnj. 174 

CITY OF BOSTON. ^' 

Be it enacted, etc., as folio ivs: 

Section four of chapter three hundred and eighty-three of i905. 383. § 4, 
the acts of nineteen hundred and five, as amended by chapter ^ ^'' ^™^° ' 
one hundred and fifty-six of the Special Acts of nineteen 
hundred and nineteen, is hereby further amended by inserting 
after the word "buildings" in the first line the words: — , 
or of the roofs thereof, — and by inserting after the word 
"cupolas" in the third line the words: — , arched or vaulted 



184 



Acts, 1922. —Chap. 174. 



Limitations of 
height of 
buildings, etc., 
in Boston not 
to apply to 
churches, 
steeples, etc. 



Roof houses, 
bulkheads, etc., 
above roof line, 
dimensions, 
use, etc. 



Roof houses, 
bulkheads, etc. 
how to be 
constructed. 



Provieo. 



roofs, — and by striking out, in the seventh and eighth Hnes, 
the words "not exceeding twelve feet square and twelve 
feet high" and inserting in place thereof the words: — , 
ornamental glass coverings or structures for roof garden res- 
taurants or gjTnnasia, — and by striking out the second 
paragraph of said section and inserting in place thereof the 
following paragraph: — Roof houses, pent houses, bulkheads 
and skylights above the roof line used to enclose elevator 
machinery or shafts may be of such dimensions as approved 
by the building commissioner. The area so enclosed for ele- 
vator shafts shall not be used for any purpose except the 
storage of tools and appliances used for the maintenance of 
the elevators, — so as to read as follows : — Section 4.. No 
limitations of the height of buildings, or of the roofs thereof, 
in the city of Boston shall apply to churches, steeples, towers, 
domes, cupolas, arched or vaulted roofs, belfries or statuary 
not used for purposes of habitation, nor to chimneys, gas 
holders, coal or grain elevators, open balustrades, skylights, 
ventilators, flagstaffs, railings, weather vanes, soil pipes, 
steam exhausts, signs, roof houses, ornamental glass coverings 
or structures for roof garden restaurants or gymnasia, nor to 
other similar constructions such as are usually erected above 
the roof line of buildings. 

Roof houses, pent houses, bulkheads and skylights above 
the roof line used to enclose elevator machinery or shafts 
may be of such dimensions as approved by the building 
commissioner. The area so enclosed for elevator shafts shall 
not be used for any purpose except the storage of tools and 
appliances used for the maintenance of the elevators. 

Roof houses, pent houses and bulkheads in first class build- 
ings may be constructed of angle iron and four-inch blocks, 
plastered on the inside and outside, or covered inside and 
outside with metal covering or angle iron, and two-inch solid 
metal lath and plaster walls may be used, the door to be of 
metal frame covered with metal. For second and third class 
buildings, roof houses, pent houses and bulkheads may be of 
wood frame covered with metal on the outside and plastered 
on metal lathing on the inside: provided that the door is 
covered with metal on both sides. 

Approved March 18, 1922. 



Acts, 1922. —Chap. 175. 185 



An Act relative to preferences madf, by persons Chap. 17 5 

DYING INSOLVENT. 

Be it enacted, etc., as follows: 

Section 1. Chapter one hundred and ninety-eight of the g. l. i98. new 
General Laws is hereby amended by inserting after section |ection after 
seven the following new section: — Section 7 A. The claims Surrenderor 
of creditors who ha\'e received preferences voidable under crecUto"ifo^f ^ 
section ten B shall not be allowed unless such creditors shall estates o'f de- 
first surrender such preferences. ''^'^^'^ persons. 

Section 2. Said chapter one hundred and ninety-eight is g. l. i98 new 
hereby further amended by inserting after section ten, under § lo. 
the heading "Preferences", the following new sections: — 



preferences. 

Section 10 A. A person shall be deemed to have given a when persons 
preference if, being insolvent, he has, within four months atfaii^e'deemed 
before his decease, procured or suffered a judgment to be ^^rll^j-^Zl^ 
entered against himself in favor of any person, or made a ^*'=- 
transfer of any of his property, and the effect of the enforce- 
ment of such judgment or transfer will be to enable any one 
of his creditors to obtain a greater percentage of his debt 
than any other of such creditors of the same class. Where 
the preference consists in a transfer, such period of four 
months shall not expire until four months after the date of 
the recording or registering of the transfer, if by law such 
recording or registering is required. Section 10 B. If a person Certain judg- 
shall have procured or suffered a judgment to be entered "rlnsfers^of 
against him in favor of any person or has made a transfer of voidable by ^^ 
any of his property, and if, at the time of the transfer, or of executors, etc. 
the entry of the judgment, or of the recording or registering 
of the transfer if by law recording or registering thereof is 
required, and being within four months before his decease, 
the person be insolvent and the judgment or transfer then 
operate as a preference, and the person receiving it or to be 
benefited thereby, or his agent acting therein, shall then have 
reasonable cause to believe that the enforcement of such 
judgment or transfer would effect a preference, it shall be 
voidable by the executor or administrator of the debtor, and 
he may recover the property or its value from such person. 
Section IOC. If a creditor has been preferred, and after- Amount of 
wards in good faith gives the debtor further credit without cr^u^by^"^ 



186 



Acts, 1922. —Chap. 176. 



preferred cred- 
itors may be 
set off, etc. 



security of an^^ kind for property which becomes a part of 
the debtor's estate, the amount of such new credit remaining 
unpaid at the time of his decease may be set off against the 
amount wliich would otherwise be recoverable from him. 

Approved March IS, 1922. 



G. L. 114. § 45, 
amended. 



Permits for 
burial or other 
disposal of 
human bodies. 



Chap. 17 6 An Act relative to the disposal of human bodies. 

Be it enacted, etc., as follows: 

Section 1. Chapter one hundred and fourteen of the 
General Laws is hereby amended by striking out section 
forty-five and inserting in place thereof the following: — 
Section 1^5. Except as provided in sections forty-four and 
forty-six, no undertaker or other person shall bury or other- 
wise dispose of a human body in a town, or remove therefrom 
a human body which has not been buried, until he has re- 
ceived a permit from the board of health or its agent ap- 
pointed to issue such permits, or if there is no such board, 
from the clerk of the town where the person died; and no 
undertaker or other person shall exhume a human body and 
remove it from a town, or from one cemetery to another, 
until he has received a permit from the board of health or its 
agent aforesaid or from the clerk of the town where the body 
is buried. No such permit shall be issued until there shall 
have been delivered to such board, agent or clerk, as the 
case may be, a satisfactory written statement containing the 
facts required by law to be returned and recorded, which 
shall be accompanied, in case of an original interment, by 
a satisfactory certificate of the attending physician, if any, 
as required by law, or in lieu thereof a certificate as herein- 
after provided. If there is no attending physician, or if, for 
sufficient reasons, his certificate cannot be obtained early 
enough for the purpose, or is insufficient, a physician who is 
a member of the board of health, or employed by it or by 
the selectmen for the purpose, shall upon application make 
the certificate required of the attending physician. If death 
is caused by violence, the medical examiner shall make such 
certificate. The board of health or its agent, upon receipt 
of such statement and certificate, shall forthwith countersign 
it and transmit it to the clerk of the town for registration. 
The person to whom the permit is so given and the physician 
certifying the cause of death shall thereafter furnish for regis- 
tration any other necessary information which can be ob- 



Acts, 1922. —Chap. 177. 187 

tained as to the deceased, or as to the manner or cause of the 
death, which the clerk or registrar may require. 

Section 2. Section fifty of said chapter one hundred anJnded' ^ ^°' 
and fourteen is hereby amended by striking out, in the first 
Ime, the word "forty-five" and inserting in place thereof the 
word : — forty-four, — so as to read as follows: — Section 60. Penalty for 
Violations of any of the provisions of sections forty-four Kaws'rSatinK 
to forty-eight, inclusive, shall be punished by a fine of not {mmaiftodfis. 
more than fifty dollars. Approved March 18, 1922. 

An Act rel.\.tive to the acquisition of settlements (Jhnrf 177 

BY soldiers and SAILORS. 

Be it etiacted, etc., as folloivs: 

Section one of chapter one hundred and sixteen of the g. l. iie, § 1.^ 
General Laws is hereby amended by striking out all after amended^'"'' * 
the word "town" in the twenty-seventh line down to and 
including the word "enemy" in the thirtieth line, by insert- 
ing after the word "not" in the thirty-ninth line the words: 
— , or who enlisted and served in said forces during the 
Philippine insurrection, — and by striking out, in the fortieth 
line the words ", subject to the same proviso,", so that 
clause Fifth will read as follows: — Fifth, A person who en- Acquisition of 
listed and was mustered into the military or naval service of soidllrnnd ''^ 
the United States, as a part of the quota of a town in the ^^^^°^- 
commonwealth mider any call of the president of the United 
States during the war of the rebellion or any war between 
the United States and any foreign power, or who was assigned 
as a part of the quota thereof after having enlisted and been 
mustered into said service, and his wife or widow and minor 
children, shall be deemed thereby to have acquired a settle- 
ment in such town; and any person who would otherwise be 
entitled to a settlement under this clause, but who was not 
a part of the quota of any town, shall, if he served as a part 
of the quota of the commonwealth, be deemed to have ac- 
quired a settlement, for himself, his wife or widow and minor 
children, in the place where he actually resided at the time 
of his enlistment. Any person who was inducted into the 
military or naval forces of the United States under the federal 
selective service act, or who enlisted in said forces in time of 
war between the United States and any foreign power, 
whether he served as a part of the quota of the common- 
wealth or not, or who enlisted and served in said forces 
during the Philippine insurrection, and his wife or widow 



188 Acts, 1922. — Chaps. 178, 179. 

and minor children shall be deemed to have acquired a 
settlement in the place where he actually resided in this 
commonwealth at the time of his induction or enlistment. 
t^^oertSn"'^'''^ -^^^ thcsc provisions shall not apply to any person who en- 
persons, listed and received a bount^^ for such enlistment in more 
than one place unless the second enlistment was made after 
an honorable discharge from the first term of ser\'ice, nor to 
any person who has been proved guilty of wilful desertion, 
or who left the service otherwise than by reason of disability 
or an honorable discharge. Approved March 18, 1922. 

Chap. 11^ An Act authorizing the town of mattapoisett to 

INCUR INDEBTEDNESS FOR SCHOOL PURPOSES. 

Be it enacted, etc., as follows: 
Town of Mat- SECTION 1. For the Durposc of acquiring land for and 

tapoisett may „ , . „ ^ , „ .■'.,. , 

incur indebt- for thc constructiou 01, aud tor the original equipment and 
school purposes, fumisliing of, a school building, the town of Mattapoisett 
may from time to time borrow such sums as may be necessary, 
not exceeding in the aggregate the sum of twenty-five thou- 
sand dollars, and may issue bonds or notes therefor, which 
Mattapoisett sliall bear on their face the words, Mattapoisett School Loan, 
Act'^f 1922"' Act of 1922. Each authorized issue shall constitute a separate 
loan. Indebtedness incurred under this act shall be in excess 
of the statutory limit, but shall, except as herein provided, be 
subject to chapter forty-four of the General Laws. 
Section 2. This act shall take effect upon its passage. 

Approved March 24, 1922. 

Chap. 11^ An Act authorizing the boston and maine railroad 
to acquire the franchises and property of the 

proprietors of PORTSMOUTH BRIDGE. 

p^amWe^^ Whcrcas, The deferred operation of this act would defeat 

its purpose to provide with the least possible delay for certain 
economies in railroad transportation, 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: 
Boston and ^\^q Bostou aud Maine Railroad may acquire bv transfer 

Maine Railroad „ , i r i • e 

may acquire or mcrgcr all or any part oi the property and iranchises or 
pro'pertyof^the the Proprietors of Portsmouth Bridge, a corporation organ- 
porfs^wuTh" ized under the laws of the state of Maine and of the state of 

Bridge. 



Acts, 1922. —Chap. 180. 189 

New Hampshire, the entire capital stock of which is owned 
by said Boston and Maine Railroad, on such terms as may 
be agreed to by the respective boards of directors of the 
acquiring and transferring corporations and approved at 
meetings called for the purpose by a majority in interest of 
the stockholders of the acquiring and transferring corpora- 
tions, and also approved by the department of public utilities 
as consistent with the public interest. After said acquisition Property, etc., 
of said property and franchises has been effected, the same to be merged, 
shall be deemed to be merged into said Boston and Maine ^^'^' 
Railroad, and said Boston and Maine Railroad shall have Boston and 
and enjoy all the rights, privileges, franchises and property ^'have^certSn'^ 
of the transferring corporation, shall be subject to all its ^wers.'^etc!^^' 
duties, debts and liabilities, and may discontinue the use of 
its bridges to the extent and in the manner provided by the 
laws of the state of Maine and of the state of New Hamp- 
shire. A copy of the agreement of transfer or merger, certified menl°it^'^to' 
by the clerk of the Boston and Maine Railroad, shall be fi^/of'^g^"^^" 
filed in the office of the state secretary and shall become secretary. 
effective upon such filing. Approved March 24, 1922. 



An Act dissolving certain corporations. C/iap.lSO 

Whereas, It is jiecessary that certain delinquent corpora- Emergency 
tions be dissolved before April first in the current year, there- ^^"^^ 
fore this act is hereby declared to be an emergency law, 
necessary for the immediate preservation of the public con- 
venience. 

Be it enacted, etc., cus follows: 

Section 1. Such of the following named corporations as certain 
are not already legally dissolved are hereby dissolved, subject ail^rved""^ 
to the provisions of sections fifty-one and fifty-two of chapter 
one hundred and fifty-fi\^e of the General Laws: — 

A. A. Martin, Russo Company 

A. & A. Raincoat Company 

A. B. Lewis Company, The 

A. B. Young Co. 

A. E. Jebb Refinishing Co. 

A. E. Jones Company 

A. H. Geuting Company 

A. H. Steele Co. 

A. Himmel Company 



190 Acts, 1922. —Chap. 180. 

Certain A. J. Evcnson Companv 

corporations . . o t^ rp t 

dissolved. A. L. King & DuiTee, Inc. 

A. P. Gorman Company 
A. Rangos Company 
A. S. Brock Rubber Company 
A. S. Lowden & Son, Incorporated 
A. W. Cheney Transfer Company 
Abedi Importing & Exporting Company 
Acme Automatic Scale Company 
Acme Hotel & Restaurant Sales Co. 
Acme Manufacturing Company 
Acme Stain and Blacking Co. 
Acme Trucking Company 
Af-Ford-Able Truck Sales Co. of Mass. 
Agawam Live Stock Company 
Albert R. Lee & Company, Inc. 
Alden-Giardino Cement & Rubber Co. 
Allen and Endicott Building Company, The 
Alsatian Machine Company 
Alton Bay Healthatorium, Inc. 
American Art Leather Company 
American Beef Co. 
American Binding Company 
American Consolidated Oil Co. 
American Constructive Accounting Company, Inc. 
American De Greasing Co. 
American Decorating Company, Inc. 
American Dyeing and Cleaning Corporation 
American Eagle Shoe Manufacturing Corporation, The 
American Electric Tool Company 
American International Novelty Co. 
American Loan Company 
American Maritime Company 
American Metal Doll Company 
American Model & Instrument Co. 
American Overall Manufacturing Company, Inc. 
American Pictograph Manufacturing Company 
American Shoe Company 
American SubChromatic Company 
American Trading Company 
American Yarn Company 
Amesbury De\'elopment Company 
Amesbury Fibre Company 
Amesbury Theatre Company 



Acts, 1922. —Chap. 180. 191 

Amherst Waxed Paper Mills Certain 

. , _-, ' corporations 

AiKirews-Was^att ( t)in])any dissolved. 

Anton Kriefj;lu)rt' C()ni])any 

Anton Leather Co. 

Antrim Safety Lock Company Inc. 

Army Surplus Supply Exchange, Inc. 

Arnold Electric Company 

Artcraft Manufacturing Company, The 

Arthur E. Wolfe Leather Company, Ltd., The 

Atlantic Fish Distributing Company 

Atlas Machine and Tool Company 

Auburn Last Company (1912) 

Auditorium Amusement Company (1909) 

Augustus Nickerson Inc. 

Auto Metal Body Co. 

Auto Motors Service Co., Inc. 

Automobile Appliance Company 

Ava-Lon Laboratories Company 

Ayer Farmers' Co-operative Exchange 

B. & F. Realty Corporation, The 

B. M. Jewelry Company 

Back Bay Bakery Company 

Bahan Extract Company 

Bailey, Barnes Company, Inc. 

Baker Rubber Cement Co. 

Baltic Trading Company 

Bancroft Razor Corporation 

Barnett Argentine Company, The 

Baniett Shoe Co., The (1919) 

Barr Sanatorium, Inc., The 

Bassett Storage Battery Company 

Bay Fish Company 

Bay State Airplane Company 

Bay State Foreign Trade Company, Inc. 

Bay State Glove Company 

Bay State Hide and Leather Company 

Bay State Products Company 

Bay State Smelting and Refining Co. 

Bay State Wholesale Company 

Beach Mfg. Co. 

Beacon Public Warehouse and Storage Company 

Bedford Cooperative Corporation 

Beggs & Cobb Tanning Company 

Bell Tire Co. 



192 Acts, 1922. —Chap. 180. 

Certain Benoit-Rvan and Parsons Corporation 

corporations t» t-» i m- /-i 

dissolved. iJerg Ketread lire Co. 

Berkshire Bakeries, Inc. 
Berkshire Buiklers, Incorporated 
Berkshire Leather Company- 
Bethlehem Motors Corporation of New England 
Bill & Maurice Company, The 
Blodgett Lakiii Boyden Company 
Blue Hill Avenue Theatre Corporation 
Bon Ton Garage, Inc. 
Boston Asbestos Company 
Boston Concert Bureau Inc. The 
Boston Dry Goods Company 
Boston Elite Quality Shop, Inc. 
Boston Golf Shop, Inc. 
Boston Hebrew Publishing Company- 
Boston Hotel and Apartment House Trust, Inc. 
Boston Hygienic Institute, Inc. (March 17, 1920) 
Boston Hygienic Institute, Inc. (April 29, 1919) 
Boston Marine Works 
Boston Paper Manufacturing Company 
Boston Saw and Tool Company 
Boston-Texas Oil Company 
Boston Watch Company 
Boulevard Garage Company 
Boutwell Bros. Incorporated 
Breckwood, Incorporated 
Brennan Boot and Shoe Company 
Bridgew^ater Shoe Factory Company 
Brimfield Brick Company 
Brittain Dental Show Case Company 
Broadway Storage Company 
Broadway Theatre Co. of Somerville 
Brockton Bread Co. 

Brockton Manufacturing Company (1919) 
Broheco Farm Company 
Broma-Mist Company 
Brookmede Farm Company 
Brooks Barley Company 
Brophy Barrabee Company 
Brown & Company, Inc. 
Browne Apparatus Company 
Browne-Mandile Company 



Acts, 1922. —Chap. 180. 193 

Bryant & Stratton Commercial School of Rhode Island, S-Si„„, 

Jijr. dissolved. 

Building Association Ideal Inc., The 
Bureau of University Travel (Inc.), The 
Burt and Packard Company 
Butterfield & Company Inc. 
C. A. Ketchuin and Company, Inc. 
C. A. Nichols Company 
C and C Leather Company Incorporated 
C & I\I Tire Company 
Calypto Company, Incorporated, The 
Cape Fish Company 
Capeverdean Trading Co. 
Capitol Extract & Syrup Co. 
Carbokill Company 
Carolina Company, The 

Catalogue Equipment and Supply Company, The 
Central Cape Cod Cranberry Company 
Central Garage, Inc. 
Central Laboratories, Inc. 
Central Shoe Repairing Co. 
Certified Checoupon Co. 
Chain Hosiery & Underwear Stores Co. 
Champlain Valley Lime Co. (1914) 
Chandler & Cleveland Co. of Fitchburg, Inc. 
Chapin Banking and Trust Company of Springfield 
Charette & Kiernan Inc. 
Charles A. Jackson, Inc. 
Charles A. Reisig & Co. Inc. 
Charles Baker Company- 
Charles D. Redmond Company 

Charles E. Wilson Optical Manufacturing Company Inc. 
Chas. H. RossKam's Enterprises Inc. 
Charles Knight & Company Incorporated 
Chase, Harlow Co., Inc. 
Chemical Specialties, Inc. 
Chemung Candy Company, Inc. 
Chicago Tanning Company 
Chicopee Press, Inc. 
City Associates Inc. 

Clearing House Delivery & Express Company Inc. 
Clearola Mfg. Company 
Coaster Construction Company 



194 Acts, 1922. —Chap. 180. 



Certain 
corporations 



Codman Farm, Inc. 
dissolved. Codman Realty Corporation 

Cohannet Company, The 
Cohen-Newton Company 
Cold Spring Brewing Company 
Coleman, Son Company 
Colonial Brass and Bronze Company 
Colonial Shoe Mfg. Co. Inc. 
Colored American Securities Corporation 
Columbia Electric Engineering Company 
Columbia Ice Cream Horn Company, The 
Columbia Tire and Top Company 
Commercial Auto Co., The 
Commercial Progress Company, The 
Commonwealth Curtain Company 
Commonwealth Sales Company Inc. 
Community Service Inc. 
Conant's Lunch Inc. 
Congress Hall Lunch Company 
Continental Stores Inc. 
Converse Tire Company (April 28, 1921) 
Cook-Mandell, Inc. 

Co-operative Commerciale SiciHana Association 
Co-operative File Company 
Copithorn Demountable Rim Company 
Cornhill Company, The 
Corrigan and Hoag Construction Co. 
Court Square Hotel Company 
Credit-Guide and Guaranty Company 
Crescent Ice Company 
Cronin Lumber Company 
Cronkhite Chemical Corporation 
Crosby Bros. Co. 
Cuban Coal Company of America 
Cushing Hospital Inc. 
D. & C. Shoe Company 
D. P. Williams Manufacturing Company 
Dairy Products Co. 
Daly Plmnbing Supply Co., Inc. 
Da\is & Young Company, The 
Davlok Manufacturing Co., The 
DeBats Special Tool Steel Company 
Dedham Electric Company 
Deering Lumber Company 



Acts, 1922. — Chap. 180. 195 

Delisco Corporation Limited (1919) SSrations 

Delmar Compain- dissolved. 

Dempsey Bros. Co. 

Diamond Finish Starch Company 

Dr. Earl S. Sloan Incorporated 

Dr. Swett Root Beer Bottling Company 

Donald MacDonald Company, Inc. 

Dorchester Trust Building Corporation 

Dorchester Woman's Club House Association 

D\nght W. Sleeper & Co. Inc. 

E & R Laundry Company, The 

E. J. Callahan Co. 

E. W. Palmer Company 
Eagle Suit Case Company, Inc. 
Eagle Tanning Company, The 

East Cambridge Drying and Milling Co. 

Eastern De^•elopment & Construction Company, Inc. 

Eastern Investment Company 

Eastern Metal and Refining Company 

Eastern Refrigerating Company 

Eastern Varnish & Oil Co. 

Eco Manufacturing Company 

Economy Public Market Inc. 

Edson Manufacturing Company 

Egypt Trucking Company 

Eigner Shoe Company 

Electric Automobile Service, Inc. 

Electric Cigar Company 

Eliot Theatre Co. of Roxbury 

Elson Shoe and Leather Company 

Empire Chemical Co. 

Empire Distributing Company, Inc. 

Enterprise Company, The 

Equity Watch Company 

Essex County F'inance Corporation 

Essex Manufacturing Company 

Essex Plumbing Supply Company 

Essex Waist Mfg. Co. 

Eugene E. Reed Company 

Eureka Specialty Co. 

Everett Italian Co-operative Association, Inc. 

Everett Machine & Manufacturing Company 

Everett Warehouse & Terminal Company 

F. A. Phelps Company, The 



196 Acts, 1922. —Chap. 180. 



Certain 
corporations 



F. & D. Shoe Company, Inc. 
dissolved. "F" &"F" Manufacturing Co. 

F. H. Gilson Company (1898) 
F. L. Hewes & Company (Incorporated) 
F. L. O'Bryan Company, The 
F. O. Small Company 

F. T. Mussey Towel Supply Company 
Fall River Banking and Trust Company 
Family Co-operative Co, 
Farquhar, Lea\itt & Company, Inc. 
Farrington & Orr, Inc. 

Fashionable Cloak & Suit Company, Inc., The 
Federal Bond and Securities Company of Boston, Massa- 
chusetts 

Federal Coat Co. 

Federal Engineering Corporation, The 

Federal Paper Box Machinery Company 

Federal Trade Acceptance Bureau, Inc., The 

Fidelis Sales Corporation 

Fidelity Steamship Co. 

Finnlander Stock Co., The 

Fisher Polish Company 

Fisherman's Net and Twine Company 

Fitchburg Housing Corporation 

Fitrite Garter Company 

Forelook Publishing Corporation 

Founders' Corporation, The 

Framingham Farmers' Exchange 

Framingham Gas Fuel and Power Company, The 

Framingham Housing Association, Inc. 

Franco-American Association of Chicopee, Inc., The 

Frank N. Rand Insurance Agency, Inc. 

Frank Tilton-Martin Incorporation 

Franklin Coal and Wood Company 

Franz Yahn Service, Incorporated 

Fred H. Paris Co. 

Friend Brothers Incorporated 

Fulton Iron Foundry Company 

G. Wildes Smith, Inc. 
Gainaday Company of Maine, The 
Garden Theatres Company 
Gekco Company of Pueblo, The 
Gekco Company of Sacramento, The 



Acts, 1922. —Chap. 180. 197 

General Reclaiming & Refining Company of Massa- Certain 

, , , o ± V corporationa 

ChllSettS dissolved. 

George A. Dossas Co. Inc. 

Geo. A. Weld Co. 

George Grow Automobile Company 

Geraldine Company, The 

Giant Heater Company, The 

Gilbert Farms, Inc. 

Gilbert Paint & Wall Paper Company, The 

Gile INIarine Engine Company 

Gillis Lumber Co. 

Globe Gas Light Company 

Globe Yarn Company 

Golden Brothers Company 

Golden Grain Farming Company 

Golden Pink Quarry Corporation 

Goodvear Tire & Rubber Company of Massachusetts, 

The 
Graham-Bell Co. 
Grant Motor Sales Company 
Graves Garage Company 
Gray Nickerson Company 
Great River Realty Corporation 
Greenwood Chemical Company 
Grocers Finance Co. 
Grove Investment Company 
Guild Webric Company 
H. Charles, Inc. 
H. Cutler & Co. Inc. 
H. F. Derby Drug Company, Inc. 
H. F. Shepard Company 
H. L. Handy Lumber Company Incorporated 
H. M. Ripley, Inc. 

H. W. Dunning & Co. (Incorporated) 
Hale's Grocery' Corporation 
Hall Textile Manufacturing Co. 
Halpern Shoe Company 
Halstead Machine Company 
Hampden Insurance Agency, Inc. 
Hampshire Optical Company 
Hampshire Road Improvement Society, Incorporated, 

The 
Handy Manufacturing Co. 



198 Acts, 1922. —Chap. 180. 

SSftions Hanlon Company, The 

dissolved. Hanover Realty Company, Inc. 

Harcourt Bindery, Incorporated, The 

Harmony Pubhshing Co. 

Harold L. Bond Company 

Harper XL Products Co., Inc., The 

Harrington Shoe Company 

Harvard Square Studio, Inc. 

Harvey-Brooks Company (Inc.) 

Hastings, Bridgwood & Ward, Inc. 

Haverhill Merchandise Company 

Hawthorne Cafe, Inc. 

Hajinarket Square Fish Co. 

Healene Co. 

Healey Phelan Shoe Company 

Healey, Seaver Company (1907) 

Henry A. Pierce Co. 

Henry Bolton Peek Corporation, The 

Henry Gray Company 

Hermes Oriental and Domestic Produce Co. 

Hershon Bros. & Co., Inc. 

Higginson-Gibson Manufacturing Company, Inc. 

High Grade Delicatessen and Dining Room Company 

Hill Powder Company 

Hinsman Machine & Tool Company 

Hodgson-Nickerson, Inc. 

Hoffman's Theatres Company 

Holder-Perkins Company 

Holland-Hoyt Sales Company 

Home Theatre Co. of Everett 

Homecraft Food Products Co. 

Horke Vino Medical Corporation 

Hosmer-Haid Co., Inc. 

Hotel Colony Company 

Houde Company, The 

Hub Storage Warehouse Company 

Hub System, Inc. 

Hull Gas Company 

Humphrey Coal Company 

Hunt Rubber Company 

Hyde Square Pharmacy Inc. 

Hygienic System of Window Bakeries, Inc. 

I. Miselman, Inc. 

I. N. Chase Lumber Co. 



Acts, 1922. —Chap. 180. 199 

I. S. Bessin & Co., Inc. S-Sions 

Ideal Provision Market Co. dissolved. 

Ideal Ventilator ('ompany 

Imported Rug Coini)any 

Independent Button Fastener Machine Company 

Independent Jobbing Co. 

Independent Wire Nail Manufacturing Company, Inc. 

Indian Bridge Farm Co. 

Intercontinental Truck Corporation 

International Asbestos Company 

International Shoe Co., The 

Inter-trust Security Company 

Italian Economical Grocery Company 

Italian ]\Iacaroni Manufacturing Company, Inc. 

Iverson Piano Player Company 

J. A. Gagnon Company, Incorporated 

J & G Manufacturing Company 

J. C. Welton Company 

J. C. Williams Leather Company 

J. E. Bowers Chemical Co. 

J. L. & E. C. Boucher, Incorporated 

J. S. Bixby, Inc. 

J. T. Harris Co., Inc. 

J. W. Bowman Company, The (1907) 

J. W. Hunnewell & Co., Incorporated 

J. W. Stamford Co. 

Jacobson & Hoe nig Co. Inc. 

Jager Engine Company 

James F. Connor Company 

James H. Earle Company 

James H. Wyeth Company 

James J. Coughlan Company 

John W. Luce and Company, Incorporated 

John Whalen Company Incorporated, The 

Jones, McDuffee & Stratton Co. (1896) 

Josselyn Furniture Co. 

Jukola Co-operative Association 

Kaleva Co-operative Association 

Kandle-Born Company 

Kaplan & Shapiro Co. 

Kaplan-Nieburg, Inc. 

Kazigian & Company, Inc. 

Kelley Furniture Co., Inc. 

Kenmore Company, Inc., The 



200 Acts, 1922. — Chap. 180. 

Swationa KilUaii & Yanccy Company, Inc. 

dissolved. Kinetic Motor Co. 

King, Simons & King, Inc. 

Kinnell Manufacturing Company, The 

Koral Photo Supply Company 

L. B, Taylor Company 

L. C. S. Garage Company 

L. Jacobs & Son, Inc. 

L-M-L Company 

La Chapelle Co. 

Lady Beatrice. Co. 

Lafayette Motors Company 

Lanash Refining Company 

Larkin Company 

L' Association Progressive Franco- Americaine de Spring- 
field, Massachusetts 

Lawrence Development Corporation 

Le-Rex Products Co. 

Lee Service Incorporated 

Leon I. Chester Company, The 

Levonen Kosher Wine Company 

Lew Rosenbaum Co. 

Liberty Clothing Co. 

Liberty Lace & Braid Co. 

Liberty Provision Market, Inc. 

Liberty Shoe & Leather Company 

Liberty Square Warehouse Company 

Lincoln Knitting Mills Inc. 

Lincoln Shoe & Rubber Company 

Lindens Garage & Machine Co., The 

Lithuanian Co-operative Association, Hudson, Mass., 
Inc. 

Littlefield-Whitten Company 

Lord Farms Incorporated 

Louis Finn Company 

Louis Silberman & Sons Inc. 

Lowell Automobile Corporation 

Lowell News Publishing Company 

Lundstrom Surgical Supply Company 

Luther C. Leavitt Co. 

L>Tin Investment and Securities Company, The 

L\Tm Mutual Shoe Company 

M. & H. Leather Co. 

M & K Auto Supply Company 



Acts, 1922. —Chap. 180. 201 

M. Fred Hirsch Company &rSa"tion8 

M. K. Smith Company, The dissolved. 

M. L. Barnett, Inc. 
M. Shields Company 
M. T. Sheahan Company 
MacDonald & JosHn Company 
MacLeod Manufacturing Company 
Magrane Houston Company 
INIanchester Elite Quality Shop, Inc. 
]\Iann Tent Company 
Mansfield Company 
Mansfield Hospital, Inc. 
Manufacturers' Ser\'ice Bureau, Incorporated 
^laple Meadow Farm Inc. 
Marden & Morgan Lumber Co. Inc., The 
Maria & Bohlman Argentine Company 
Marine Fuel & Chartering Co. (1919) 
Marine Scaling Company of New England 
Market Beef Co. 

Mason, Sanborn and Ramsdell Company 
Massachusetts Edible Oil Company 
Massachusetts Gas-Switch Company 
Massachusetts HighAvay Service Company 
Massachusetts Milk Company 

Massachusetts Sales and Garage Association Incorpo- 
rated 
Massachusetts Shipping Corporation 
Massachusetts Toy Manufacturing Co. 
Massachusetts X Ray Service, Inc. 
Master Photo Play Company 
Master Truck Sales Company, Inc., The 
Mattapan Painting & Decorating Co. 
McGaughey Riordan Company, The 
McLaughlin & Freeman Co. 
McMahan and Marshall Company 
McQuary & DeLorme Company, Incorporated 
McRae The Tailor, Inc. 
Medfield Water Company 
Medford Dress Co. 
Medical Associates Inc., The 
Medomak River Shipbuilding Company 
Mercantile Realty Company 
Mercer Coated Paper Co. 
Merchandise & Laundry Tag Co. 



202 Acts, 1922. — Chap. 180. 

TO/i^rations Merchants and Manufacturers Finance Corporation 

dissolved. Merchants' Cooperative Express Company of Lawrence 

Merchants' Finance Corporation 

Merchants Furniture Exchange Inc. 

Merrill Textile Co. 

Merrimac Box Company 

Merrimac IMattress Manufacturing Company, The 

Merrimack Valley Auto Service, Inc. 

Metropolitan Bus Lines, Inc. 

Metropolitan Pictures Corporation 

Mica Condenser Company, Ltd. 

Middlesex Chemical Company 

Middlesex Transportation and Trading Company 

Miles Mercantile Co. 

Milford Realty Company 

Miller Hotel Company 

Milliken Machine Company 

Millman & Litant, Inc. 

Milton Light and Power Company 

Minah Development Company, The 

Mitchell Sawyer Company 

Model Service & Sales Company 

Modern Chocolate Company 

Modern Music Publishing and Advertising Company, 
The 

Mog Biscuit Company 

Mohawk Transportation Co. 

Monahan's Inc. 

Moore & Hale Co. 

Morse and Buffum Company 

Moses Ehrlich Iron and Metal Co., Inc. 

Motor Service Company Inc. 

Motor Truck Transportation Clearing House of New 
England, Inc. 

Munson-Whitaker Company 

Murphy & Co., Inc. 

Mutual Credit Association, Inc. 

Mystic Company, The 

Mystic Wharf and Storage Company 

N.'^E. Auto Parts Co. 

National Acceptance Corporation 

National Automobile Owners of America, Inc. 

National Beef Company 

National Bond Company, The 



Acts, 1922. — Chap. 180. 203 

National IMetal & Rubber Co. S-Stions 

National Securities Corporation dissolved. 

National Self- Winding Clock Co. 

Nature's Fertilizer Company 

Nature's Plant Food Company 

Neill Real Estate Inc. 

Neponset Co-operative Stores, Inc., The 

Nettleton Company, The 

New Bedford Clothing and Jewelry Company 

New Bedford Polish Association, Inc. 

New Bedford Progressive Corporation, The 

New England Bureau of Department Reports, Inc. 

New England Concrete Pipe Company 

New England Corset Company Inc. (1911) 

New England Doll Company 

New England Fruit Company 

New England Fruit Growers' Exchange 

New England Grape Company, The 

New England Hide Corporation 

New England Investment Company 

New England Retail Grocers Association, Inc., The 

New England Tool and Machine Company (Feb. 17, 

1920) 
New England Tool Company, Inc. 
New England Trunk Co. 
New England Waste Paper Company 
New Era Supply Co. Inc. 
New Premier Lunch Company 
New Springfield Hotel Company 
New York and Long Island Improvement Corporation 
Newark Sales Co. 
Nobracon Automotive Engine Co. 
Nonotuck Manufacturing Company 
Norcross Auto Specialty Company 
Norcross Construction Company 
Norfolk and Bristol Street Railway Company 
North Sedgwick Canning Co., The 
North Shore Roofing Company 
Northern Mining Company 
Norton Grinding Company 
Novelty Dress Co. 
O. L. Lorentzen Company 
Oak Palace Company 
Oak Square Realty, Inc. 



204 Acts, 1922. — Chap. 180. 

SfrSations Oakland valc Farm, Incorporated 

dissolved. Oakmoimt Land Co. 

Oceanic Trading Corporation 

Old Colony Military Shop, Inc. 

Old Colony Tailoring Company 

Old Dock Public Storage and Warehouse Company 

Oldsmobile Company of New England 

Oljanpia Candy Company 

Orchards, Inc., The 

Orpheum Theatre Co. of Somerville 

Orr Company Limited 

Overland Fall River Corp. 

OAvren Casting Company 

P. Dempsey Co., The 

P. Galassi Corporation 

P. J. McGourthy Company 

P. Rielly & Son Leather Company • 

Page, Bailey & Wilbur (Incorporated) 

Palmer Water Company 

Pamet Fisheries Inc. 

Park Building Company 

Parker Rubber Company 

Passamaquoddy Land Corporation 

Peerless Realty Co. 

Penobscot Amusement Company 

Perfection Jar Opener Company 

Peter Deschamps, Inc. 

Peter Mosher, Incorporated 

Petersen & Ne\-eux, Inc. 

Phelps Company, The 

Pilgrim Fruit Co., The 

Pilgrim Manufacturing Co. 

Pilgrim Rubber Footwear Company 

Piper Land Company 

Plum Island Development Company 

Portable Electric Searchlight Company, Inc. 

Portage Rubber Company, The 

Premier Motion Picture Service, Inc. 

Prentiss Junk Company 

Priscilla Mills Company 

Priscilla Yarn and Blanket Company 

Producers Oil Company Limited, The 

Progress Wood Heel Company 

Projecta Company, The 



Acts, 1922. —Chap. 180. 205 

Publishers Printing Corpn. SrSions 

Punch & Predniore Incorporated dissolved. 

Puritan Chemical Company 

Puritan Grocery and Provision Co. Inc. 

Purity Ice Company (1914) 

Quako Bottling Company of New England 

Quincy Macaroni Manufacturing Company 

R. A. Wood Company Incorporated 

R. E. Kidder Company 

R. H. Long Autobody Co. 

R-J-R Exterminating^ Company, Inc., The 

Ralph A. Crosby Company, The 

Ramopa Company 

Ravenel Company, The 

Ray Oil Burning Systems Company 

Reece Automotive Products Company 

Reed Gauge Company 

Reed-Judge Co. 

Reed Lunch Company 

Reely-Trooly Co. 

Regal Shoe Company 

Regent Theatre Co. of Arlington 

Republic Rubber Company, of Massachusetts 

Republic Truck Company of Boston 

Revere Auto Sales Company Inc. 

Revere Distilling Company 

Richards Leather Company, Inc. 

Richardson & Company, Inc. 

Robinson Bramley Co., Inc. 

Robinson-Brockway Manufacturing Company 

Robinson Trading Co. (Inc.) The 

Rockingham Milk Company 

Rockland Tack and Nail Company 

Roeder-Hayes Company 

Rose Brook Bog Company 

Rosener & Kelley, Inc. 

Rotherham Bros. Inc. 

Roxbury Burial Association, Inc. 

Roxbury Flour Mills 

Royal Restaurant Company 

Royal Wine and Cigar Company, The 

Roy's Everett & Brown's Chelsea Express, Inc. 

Rush Fish Co. 

Russell Furniture Company 



206 Acts, 1922. —Chap. 180. 

Certain^. ^ S. & C. Mcdical Co. Inc. 

dissolved. S. & S. Dress Mfg. Co. 

S. D. AUchin & Company, Incorporated 

S. Silk, Incorporated 

S. W. Card Manufacturing Company 

Salem Manufactiiring Company 

Salem Tanning Company 

Sam Goldman Co. Inc. 

Samoset Confectionery Corporation 

Samson Tire Patch Laboratories, Inc. 

Samuel S. Vinal & Company, Inc. 

Sanborn Express Company 

Sanford Street Garage Company 

Saphro Publishing Company 

Satin Manufacturing Co. 

Scarborough Brook Club (incorporated), The 

Scott's Laundry Company 

Seaboard Motors Corporation 

Security Restaurant Company 

Shore Fish Company 

Sickels & Skean Inc. 

Sidmar, Incorporated 

Silent Salesman, Inc. 

Silver Bell Pictures Corporation, The 

Simon Box Company 

Simplex Novelty Company 

Skalon Whip Company, The 

Smith & Fitzgerald, Inc. 

Smith Chemical Specialties Company 

Smith System of Bakeries, Inc. 

Specialty Shoe Company 

Spoflford Apartments, Inc. 

Sportsmen's Club of Greater Boston Company, The 

Springfield Aircraft Corporation 

Springfield Automobile Headquarters, Inc. 

Springfield Banking and Trust Company 

Springfield Business School, Incorporated, The 

Springfield Finance Co. (1919) 

Springfield Motor Specialties Company, Incorporated 
(1918) 

Springfield Union Cigarmakers' Co-operative, Inc. 

Square Deal Flour, Feed & Grain Company, The 

Stanley Company, The 

Star Fish Company 



Acts, 1922. — Chap. 180. 207 

Star Woolen Company, Inc., The ^r^-tion. 

State Shoe Company dissolved. 

Static Carbonating Company 
Steere Organ Company, The (1919) 
SterUng Baking Company 
Stetson-Mead Company 
Stewart Tire & Rubber Co. 
Stone Leather Company 

Suffolk Mutual Loan and Accumulating Fund Associa- 
tion. 
Sullivan Company, The 

Sunderland Electric Light and Power Company 
Superior Flour Co. 
Sure-Step Auto Mat Co. 
Sutton Cressy Incorporated 
Swain Ice Cream Co., Inc. 
Syra-Cord Tire and Rubber Company 
Tappan Service Company 
Taunton Evening Press, Inc. 
Taylor & Mayo Company 
Telephone Workers Co-operative Society 
Textile Exchange, Inc. 
Thinking Machines, Inc. 
Thomas Walsh Co. 
Tile Pattern Roofing Co. Inc. 

Tileston and Livermore Company , 

Times Newspaper Company 

Times Printing Company » 

Tioga Co., The 
Townsend Realty Co. 
Toy-Kraft Co. 

Transocean Mercantile Company Inc. 
Trimount Commercial Co. 
Trimount Investment Company 
Truckers and Shippers Bureau, Inc., The 
Tuck & Richter Manufacturing Co., Inc. 
Twenty Associates of Gloucester, Incorporated 
Twenty Five Associates, Inc. 
Tyler Cloak and Suit Company 
U. S. Industrial Service Company Incorporated, The 
Union Butter Company, The 
Union Hospital, Inc. of New Bedford, The 
Union Twist Drill Company (1910) 
United Bias Binding Co. 



208 Acts, 1922. —Chap. 180. 

Certain United CVanberrv Compan\', The 

corporationa tt • i t^ i " r^ 

dissolved. L'nited Development L orporation 

United Distributing Company 
United Inventions Company 
United Mail Order Company 
United Printing Plants Corporation 
Universal Jewelry Company 
Utility Shoe Company 
Uxbridge Auto Company 
Victory Building Corporation 
Victory Heel Co. 
Victorv' Paper Can Company 
Villa Hog Farms, Incorporated, The 
Vitrified Wheel Company (1917) 
W. A. Worthen Shoe Co". 
W. & M. Shoe Manufacturing Co., Inc. 
W. D. Fulton Grain Co. Inc., The 
W. E. Shiels Company 
W. H. & Webster Jones Company 
W. H. P. Gilmore Co. 
W. H. Pevear & Co., Inc. 
W. H. Wood & Sons Co. 
W. Irving Peirce & Son, Inc. 
W. L. Palmer Company 
W. P. Ross Inc. 
W. S. Cruickshank Co. 
Wakefield Conservatories, Inc., The 
Waldorf Lunch of Lawrence Inc. 
W^alker Carriage Companv, Inc. 
Walker Wool Company (i913) 
Walter H. Turner (Inc.) 
Walter L. Libby, Inc. 
Waltham Machine Tool Company 
Wamesit Shoe Company, Inc. 
Wanda Export & Import, Inc. 
Ware Coal Co. 

W^arren Grocer\' Company, Inc. 
Waste Reco\'ery Company 
Waterford Realty Company 
Waterford Yarn Company 
Watson Brothers, Inc. 
Webb, Kendall & Bruce, Inc. 
West Everett Auto & Electric Supply Co. 
Western Shoe M'f'g Co., Inc. 



Acts, 1922. —Chap. 180. 209 

Weston Water Compaiiy Sorations 

Whiddeii & Co., Incorporated dissolved. 

White Drug Store, Inc., The 

White Pine Box Company, The 

Whitehead Building, Incorporated 

Wight Brothers (Inc.) 

Wilkins, Stamme & Co., Inc. 

Will & Baumer Candle Co., (Inc.) 

William E. INIarks Coal Company 

Wm. P. McCorkindale Company, Inc. 

William W. Diehl Co. 

Winchester Laundry Company, The 

Windsor Products Company, The 

Winnier, Erickson Engine Co. 

Winthrop Auto Express, Incorporated 

Wolfe Tavern Company, The (1915) 

Woodman Hutchinson Company 

Wooleather, Inc. 

Worcester Enameling Company In,c. 

Worcester Gazette Company, The 

Worcester Manufacturing Company 

Worcester Shock Absorber Co. 

Yelovitz Brothers, Incorporated 

Zina Goodell, Inc. 

Charitable and other Corporations. 
Blind Welfare Union Inc. ?:^l!ZfoLr 

Boston Newsboys Club corporations 

Business and Professional Men's Rifle Club of Boston 
Chapell Memorial Rest Home Corporation, The 
City Hospital of Medford 
Gardner War Chest Association, Inc. 
Girls Trade Education League 
Ladies' Aid Society of Hull 
M. A. C. Alumni Athletic Association 
Maiden Boy's Industrial Club 
New Bedford War Fund Association 
Somerville Children's Home and Day Nursery Associa- 
tion 

Section 2. Nothing in this act shall be construed to Pending suits 
afl'ect any suit now pending by or against any corporation erc.^*^^*^'^ ' 
mentioned herein, or any suit now pending or hereafter 



210 



Acts, 1922. —Chap. 181. 



Proceedings in 
suits upon 
choses in 
action, how 
brought, etc. 



No relief 
from obligation 
to file tax 
return, etc. 



When to take 
effect. 



brought for any liability now existing against the stock- 
holders or officers of any such corporation, or to revive any 
charter previously annulled or any corporation previously 
dissolved, or to make valid any defective organization of any 
of the supposed corporations mentioned herein. 

Section 3. Suits upon choses in actions arising out of 
contracts sold or assigned by any corporation dissolved by 
this act may be brought or prosecuted in the name of the 
purchaser or assignee. The fact of sale or assigimient and of 
purchase by the plaintiff shall be set forth in the writ or 
other process; and the defendant may avail himself of any 
matter of defence of which he might have availed himself in 
a suit upon the claim by the corporation, had it not been dis- 
solved by this act. 

Section 4. Nothing in this act shall be construed to 
relieve the last person who was the treasurer or assistant 
treasurer, or, in their absence or incapacity, who was any 
other principal officer, of each of the corporations named in 
this act, from the obligation to make a tax return as of April 
first following the date of dissolution and swear to the same 
as required by section thirty-five of chapter sixty-three of 
the General Laws. The tax liability of each of the corpora- 
tions named in this act shall be determined in accordance 
with the existing laws of this commonwealth. 

Section 5. This act shall take effect as of March thirty- 
first in the current year. Approved March ^4^ 1922. 



Boundary line 
between towns 
of Belmont 
and Watertown, 
established. 



C/iap. 181 An Act establishing certain boundary lines between 

the towns of BELMONT AND WATERTOWN AND BETWEEN 
THE TOWN OF WATERTOWN AND THE CITY OF CAMBRIDGE. 

Be it enacted, etc., as follows: 

The following described line shall hereafter be in part the 
boundary line between the towns of Belmont and Watertown : 
— Beginning at a granite monument set five tenths of a foot 
below the surface of the ground on the most westerly bound- 
ary line between the towns of Watertown and Belmont, north 
thirty-four degrees and thirty-four minutes west and twelve 
and ninety-six one hundredths feet distant from a granite 
monument standing near Lexington street and marking an 
angle in the existing line between the towns of Watertown 
and Belmont, thence extending easterly by a line parallel 
with and eight feet northerly from the southerly line of 
Belmont street, as established by the county commissioners 



Acts, 1922. —Chap. 181. 211 

of IMiiKllesex county on June eighteenth, nineteen hundred 
and ten, to a granite monument set five tenths of a foot 
below the surface and situated eight feet northerly from the 
southerly line of Belmont street, said monument being a 
point of curvature with a radius of eight hundred eight and 
ninety-two himdredths feet which radial line extended to 
the southerly line of Belmont street would be eighteen and 
seventy-tliree himdredths feet westerly from a point of 
curvature that marks the southerly line of Belmont street, 
as relocated and established by said county commissioners 
by their return and order on June fourteenth, eighteen hun- 
dred and ninety-eight; thence extending easterly by a curve 
one hundred seventy-two and tweh'e hundredths feet in 
length and having a radius of eight hundred eight and ninety- 
two hundredths feet to a granite monument which is a point 
of tangency and set five tenths of a foot below the surface 
and situated ten feet northerly from the southerly line of 
Belmont street on a radial line which is coincident with the 
radial line of the said southerly line of Belmont street, and 
with the proposed boundary line between the towns of Bel- 
mont and Watertown; thence extending easterly by a line 
parallel with and ten feet northerly from the southerly line 
of Belmont street, as established by said county commis- 
sioners, to a granite monument situated on the boundary 
line between the towns of Watertow^n and Belmont which 
monument is set five tenths of a foot below the macadamized 
surface and ten and fiifteen hundredths feet northerly from 
the granite monument marking the southerly line of Belmont 
street. 

The boundary line between the city of Cambridge and be"we1rn''citr 
the town of Waterto\\Ti shall be as follows : — Beginning at of Cambridge 

11 I !• 1 T 1 1 and town of 

a stone monument on the boundary line, as now established, Watertown, 

• • established 

between the towns of Watertowoi and Belmont set six inches 
below the surface of Belmont street three and twenty-six 
hundredths feet southerly from a stone monument number 
ten, also set six inches below the surface of the street and 
which marks the angle where the present boundary lines 
of WatertowTi, Belmont and Cambridge meet, and ten and 
fifteen hundredths feet northerly from a stone monument 
situated on the southerly line of Belmont street, as estab- 
lished by said county commissioners on June fourteenth, 
eighteen hundred and ninety-eight ; thence extending easterly 
by a curve to the right forty-six and ninety hundredths feet 
in length and having a radius of twelve hundred forty-three 



212 



Acts, 1922. —Chap. 181. 



Boundary line 
shown upon 
certain plan on 
file in office of 
state secretary. 



Copy to be 
filed in registry 
of deeds, etc. 



Part of town 
of Belmont 
annexed to 
town of 
Watertown. 



Part of town 
of Watertown 
annexed to city 
of Cambridge. 



Part of city 
of Cambridge 
annexed to 
town of 
Watertown. 



and twenty-four hundredths feet to a point of tangency; 
thence extending south sixty-nine degrees thirty-five minutes 
twenty seconds east eight hundred seventy-two and fifty 
hundredths feet in length to a stone bound set below the 
surface of the street, which bound forms a point of curvature; 
thence extending easterly by a curve to the right forty-two 
and twenty-four hundredths feet in length to a point of 
tangency and having a radius of four hundred thirty-four 
and ninety-seven hundredths feet; thence extending easterly 
one hundred ten and sixty-five hundredths feet parallel with 
and ten feet from the southerly line of Belmont street ; thence 
extending easterly in a straight line ninety-two and forty- 
eight hundredths feet to a drill hole in a granite cap stone 
of the westerly abutment of the bridge over the Watertown 
branch of the Fitchburg division of the Boston and Maine 
Railroad; thence extending southwesterly in the general di- 
rection of the bridge abutment eighty-nine feet to a drill 
hole in a cap stone of the abutment on the southerly side of 
Mount Auburn street on the existing boundary line as estab- 
lished under chapter one hundred and fifty-one of the acts 
of eighteen hundred and ninety-eight. 

Said new boundary line is shown by a red line upon a plan 
drawn by Wilbur F. Learned, consulting engineer of Water- 
town, dated April twenty-sixth, nineteen hundred and 
twenty-one, entitled "Town of Watertown, Plan showing the 
proposed relocation of the boundary line between the Town 
of Watertown and the Town of Belmont, and also the City 
of Cambridge", on file in the office of the state secretary, 
and a copy of the same shall be filed by the town of Water- 
town in the registry of deeds for the southern district of the 
county of Middlesex within thirty days after the passage of 
this act. 

All that part of the town of Belmont between the line 
above described and the present boundary line between the 
towns of Watertown and Belmont is hereby set oft' from the 
town of Belmont and annexed to the town of Watertown; 
and all that part of the town of Watertown between the 
line above described and the present boundary line of the 
city of Cambridge on the northerly side of the proposed new 
line is hereby set off from the said town of Watertowni and 
annexed to the said city of Cambridge, and also all that part 
of the city of Cambridge on the southerly side of the pro- 
posed new line between the line above described and the 



Acts, 1922. — Chaps. 182, 183, 184. 213 

present boundary line between the town of Watertown and 
the city of Cambridge is hereby set off from the city of Cam- 
bridge and amiexed to the said town of Watertown. 

Approved March 24, 1922. 

An Act rel,a.tive to the fee for testing poultry. (7/ia».182 

Be it enacted, etc., as follows: 

Section twenty-one of chapter seventy-five of the General ^^^Ih^ ^^' 
Laws is hereby amended by striking out, in the fii-st line, the 
word "seven" and inserting in place thereof the word: — 
ten, — so as to read as follows: — Section 21. A fee of not Fee for testing 
more than ten cents may be charged for each test of poultry 
made mider section seventeen. Approved March 24, 1922. 

An Act further regulating the use of scented bait (7/iap.l83 

IN TRAPS AND SNARES. 

Be it enacted, etc., as follows: 

Chapter one hundred and thirty-one of the General Laws g. l. i3i. i 6i, 
is hereby amended by striking out section sixty-one and in- '^^" 
serting in place thereof the following : — Section 61 . Who- use of scented 
ever sets, places, locates, maintains or tends a trap or snare and snares^ 
of any kind with scent or scented bait upon the premises of regulated. 
another shall be punished by a fine of not more than fifty 
dollars or by imprisonment for not more than one month, or 
both. Approved March 24, 1922. 

An Act relative to appropriations for the mainte- Qfidj) 134 

NANCE of municipal LIGHT PLANTS. 

Be it enacted, etc., as follows: 

Chapter one hundred and sixty-four of the General Laws o. l. i64. new 
is hereby amended by inserting after section fifty-seven the §^7!°" "^^'^ 
following new section: — Section 57 A. Any city or town Appropriations 
having a mmiicipal light plant may appropriate money for !fan™eof"m^nioi- 
the maintenance and operation of such plant, specif ^nng that ^^^ ''^^* p'*°'^- 
the same shall be taken from the receipts of the department ; 
and where such appropriations are made, the city or town 
treasiu"er may, in advance of the collection of said receipts, 
pay bills on accomit of the said appropriations, and any 
sum so advanced shall be repaid to the city or town from 
such receipts, when collected, and shall be applied as reim- 



214 



Acts, 1922. —Chaps. 185, 186. 



bursement to the city or town, or to the payment of any 
temporary loan made by the city or town in anticipation of 
revenue of that year. Approved March 24, 1922. 



G. L. 132, § 30, 
amended. 



Chap. 185 An Act permitting the state forester to acquire 

LAND FOR FIRE OBSERVATION TOWERS. 

Be it enacted, etc., as follows: 

Section thirty of chapter one hundred and thirty-two of 
the General Laws is hereby amended by inserting after the 
word "commonwealth" in the fourth line the words: — or 
any land necessary for the erection and operation of forest 
fire observation towers, — and l)y striking out the word 
"purpose" in the tenth line and inserting in place thereof 
the word: — purposes, — so as to read as follows: — Section 
30. The commissioner may, subject to the approval of the 
advisory council of the department of conservation, acquire 
for the commonwealth, by piuchase or othervvise, and hold, 
any woodland or land suitable for timber cultivation within 
the commonwealth or any land necessary for the erection and 
operation of forest fire observation towers, and, with the 
approval of the governor and council, may take such lands 
in fee by eminent domain under chapter se\'enty-nine. The 
commissioner may, subject to the approval of the advisory 
council of the department of conservation, after a public 
hearing, sell or exchange any land thus acquired which in 
his judgment can no longer be used advantageously for such 
purposes. The average cost of land so purchased by the 
commissioner shall not exceed five dollars an acre. 

Approved March 24, 1922. 



Commissioner 
of conservation 
may acquire 
land suitable 
for timber cul- 
tivation and 
land for fire 
observation 
towers. 



May sell or ex- 
change land 
thus acquired, 
etc. 



C/iap. 186 An Act relative to the weight of loaves of bread. 



G. L. 94, § 7, 
amended. 



Bread to be 
manufactured 
for sale, sold, 
etc., by weight, 
etc. 



Be it enacted, etc., as follows: 

Section 1. Chapter ninety-four of the General Laws is 
hereby amended by striking out section seven and inserting 
in place thereof the following : — Section 7. Except as pro- 
vided in the following section, bread shall not be manufac- 
tured for sale, sold, or offered or exposed for sale otherwise 
than by weight, and shall be manufactured for sale, sold, or 
offered or exposed for sale only in units of one pound, one 
and one half pounds, or multiples of one pound. When mul- 
tiple loaves are baked, each unit of the loaf shall conform 
to the weight required by this section. The weights herein 



Acts, 1922. —Chap. 186. 215 

specified shall mean net weights not more than twelve hours 
after baking, or not more than twelve hours after the sale 
and delivery of such loaves by the manufacturer or by his 
servant or agent. Such weights shall be determined by the 
average weight of not less than six loaves; provided, that Provisos, 
such average weights shall be determined by the weight of 
at least twelve loaves whenever such number of loaves is 
available at the time and place of such Aveighing; and pro- 
vided further, that bread found upon any premises occupied 
for the manufacture of bread for sale, or any bread found 
in the wagons, trucks, baskets, boxes, or other delivery 
vehicles or receptacles owned or controlled by the manu- 
facturer of such bread, and being transported or delivered 
for sale, shall for the purposes of this section be deemed to 
have been baked within twelve hours unless such bread is 
marked, designated or segregated as stale bread, under regu- 
lations prescribed by the director of standards. 

Section 2. Section eight of said chapter ninety-four, as g. l. 94, § 8, 
amended by chapter ninety-four of the acts of nineteen hun- ^ " ^™^° 
dred and twenty-one, is hereby further amended by adding 
at the end thereof the following : — When an inspection of 
bread is made at any bakery by the director or any inspector 
of standards or sealer of weights and measures, the manu- 
facturer of such bread, or his servants or agents, shall, upon 
request of the official making such inspection, inform him 
whether such bread is manufactured for sale in any of the 
standard unit weights prescribed by the preceding section 
and, if not so manufactured for sale in such standard unit 
weights, shall furnish such official with samples of the labels 1 

or wrappers intended to be used on all such loaves of other 
than standard unit weights, — so as to read as follows: — 
Section 8. Unit weights, as defined in the preceding section. Special provi- 
shall not apply to rolls or to fancy bread weighing less than fancy bread, 

» ,, i*'i* 'i* 1* and certain 

lour oimces, nor to loaves bearmg m plam position a plain baves. 
statement of the weight of the loaf and the name of the 
manufacturer thereof. Such information shall be stated in 
case of wTapped bread, upon the wrapper of each loaf, and 
in the case of unwrapped bread by means of a pan impression 
or other mechanical means or upon a label not larger than 
one by one and three quarters inches nor smaller than one 
by one and one half inches. No label, attached to an un- 
wrapped loaf, shall be larger than provided herein, nor shall 
any such label be affixed in any manner or with any gum or 
paste which is unsanitary or unwholesome. When an in- Manufacturers. 

etc., to give ia- 



216 



Acts, 1922. —Chap. 186. 



formation and 
furnish samples 
of labels, etc., 
to certain 
officials. 



G. L. 94, § 
amended. 



Establishment 
and enforce- 
ment of certain 
rules, etc., by 
director of 
standards, etc. 
Proviso. 



Seizure of bread 
for use as evi- 
dence of viola- 
tion of law. 



Parties con- 
cerned to be 
notified and 
heard before 
prosecution. 



spection of bread i.s made at any bakery by the director or 
any inspector of standards or sealer of weights and measures, 
the manufactm'er of such bread, or his servants or agents, 
shall, upon request of the official making such inspection, 
inform him whether such bread is manufactured for sale in 
any of the standard unit weights prescribed by the preceding 
section and, if not so manufactured for sale in such standard 
unit weights, shall furnish such official with samples of the 
labels or wrappers intended to be used on all such loaves of 
other than standard unit weights. 

Section 3. Section nine of said chapter ninety-four is 
hereby amended by striking out all after the word "enforced" 
in the seventh line and inserting in place thereof the follow- 
ing: — They may seize without warrant any bread which 
they may deem necessary to be Used as evidence of violation 
of law, giving a receipt therefor, and such bread shall be re- 
tiu-ned to the owner or forfeited as the court may direct. 
Before any prosecution is begun under this section by any 
inspector of standards, the parties concerned shall be notified 
and given an opportunity to be heard before the director. 
Before any prosecution is begun under this section by any 
sealer or deputy sealer of weights and measures, the parties 
concerned shall be notified and given an opportunity to be 
heard before the sealer and shall have the right of appeal to 
the director of standards; provided, that such appeal is 
filed with said director in writing within five days from the 
finding of the local sealer. When such appeal has been 
entered no prosecution shall be begun until the charges have 
been reviewed by said director, — so as to read as follows: — 
Section 9. The director of standards shall prescribe such 
rules and regulations as are necessary to enforce the two 
preceding sections, including reasonable tolerances or varia- 
tions within which all weights shall be kept; provided, that 
such tolerances or variations shall not exceed one ounce per 
pound under the standard unit or marked weight. The said 
director, and under his direction the local sealers of weights 
and measures, shall cause this section to be enforced. They 
may seize without warrant any bread which they may deem 
necessary to be used as evidence of violation of law, giving a 
receipt therefor, and such bread shall be returned to the 
owner or forfeited as the court may direct. Before any 
prosecution is begun under this section by any inspector of 
standards, the parties concerned shall be notified and given 
an opportunity to be heard before the director. Before any 



Acts, 1922. — Chap. 187. 217 

prosecution is begun inider this section by any sealer or 
deputy sealer of weights and measures, the parties concerned 
shall be notified and given an opportunity to be heard before 
the sealer and shall have the right of appeal to the director Appeal, 
of standards; provided, that such appeal is filed with said Proviso, 
director in writing within five days from the finding of the 
local sealer. \Vhen such appeal has been entered no prosecu- 
tion shall be begun until the charges have been reviewed by 
said director. 

Section 4. Section ten of said chapter ninety-four is g. l. 94, § 10. 
hereby amended by striking out, in the first line, the words ^'"^" 
"Violation of" and inserting in place thereof the words: — 
Whoever \'iolates, — and also by inserting after the word 
"thereunder", in the second fine, the words: — , or whoever 
fails or refuses to comply with any request for information 
made under authority of said sections, — so as to read as 
follows: — Section 10. Whoever violates any provision of ^fJJ^J^y^^^o^j 
sections two to nine, inclusive, or of any rule or regulation laws etc.. as 

' ^ p •^ f 1 to bakeries and 

adopted thereunder, or whoever rails or refuses to comply bakery 
with any request for information made under authority of 
said sections, shall be punished by a fine of not more than 
one hundred dollars. Approved March 24, 1922. 



An Act authorizing the possession of game or fish Chap.lS7 

AFTER THE END OF AN OPEN SEASON OR WHEN LEGALLY 
BROUGHT INTO THE COMMONWEALTH. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter one hundred and ^^^^'g^^; ^ '• 
thirty of the General Laws is hereby amended by adding at 
the end thereof the two following paragraphs : — In con- Certain persons 
struing this chapter, the fact that possession of various species ™rfam Ip'iSes 
of fish is forbidden thereby during certain periods of the year eLd o^f an open 
shall not be held to prohibit a resident of the commonwealth reason, etc. 
who has legally taken or come into possession of such fish 
from having the same or parts thereof in possession, for his 
own personal use and not for sale, during the first ten days 
of the closed season for such species; but the burden shall 
be on him to prove that such possession was lawful in its 
origin. 

In construing this chapter, the fact that possession of ^I'^^'bH P®^n°o* 
various species of fish is forbidden thereby during certain commonwealth 

1 i> 1 1 11 1 1 1 1 i 1 •! •, certain species 

periods or the year shall not be held to prohibit a person of fish after 



218 



Acts, 1922. — Chap. 187. 



end of an op>en 
season, etc. 



Provisos. 



G. L. 131. § 1, 
amended. 



Certain persons 
may possess 
certain species 
of birds and 
game after end 
of an open 
season, etc. 



Certain persons 
may bring into 
the common- 
wealtli certain 
species of birds 
and game after 
end of an open 
season, etc. 



Provisos. 



from bringing into this commonwealth, for his owti personal 
use and not for sale, game fish or parts thereof which were 
lawfully taken in another state, pro\ance or country, or from 
having such game fish or parts thereof in possession for the 
aforesaid purpose for ten days after the arrival thereof in this 
commonwealth; provided, that before any such game fish 
or parts thereof are so imported they shall be tagged or 
marked in accordance with the laws of such other state, 
province or country and with the federal laws relative to 
interstate commerce, and pro\ided that no person shall so 
import more game fish at one time than is permitted by the 
laws of such other state, province or comitr^' to be exported 
therefrom. 

Section 2. Section one of chapter one hundred and 
thirty-one of the General Laws is hereby amended by adding 
at the end thereof the two following paragraphs : — In con- 
struing this chapter, the fact that possession of various species 
of birds and quadrupeds is forbidden thereby during certain 
periods of the year shall not be held to prohibit a resident of 
the commonwealth who has legally taken, killed or come into 
possession of such birds or quadrupeds from having the same 
or parts thereof in possession, for his own personal use and 
not for sale, during the first ten days of the closed season for 
such species, or in the case of deer during the first thirty 
days of the closed season thereon; but the burden shall be 
on him to prove that such possession was lawful in its origin. 

In construing this chapter, the fact that possession of 
various species of birds and quadrupeds is forbidden thereby 
during certain periods of the year shall not be held to prohibit 
a person from bringing into this commonwealth, for his own 
personal use and not for sale, birds or quadrupeds or parts 
thereof which were lawfully taken or killed in another state, 
province or country, or from having such birds or quadrupeds 
or parts thereof in possession for the aforesaid purpose for 
ten days after the arrival thereof in this commonwealth; pro- 
vided, that before any such birds or quadrupeds or parts 
thereof are so imported they shall be tagged or marked in 
accordance with the laws of such other state, province or 
country and with the federal laws relative to interstate com- 
merce, and provided, that no person shall so import more 
birds or quadrupeds at one time than is permitted by the 
laws of such other state, province or country to be exported 
therefrom. Approved March 24, 1922. 



Acts, 1922. — Chap. 188. 219 



An Act providing for biennial municipal elections C^p.188 
AND abolishinc; the board of commissioners of the 
sinking fund in the city of pittsfield. 

Be it enacted, etc., as follows: 

Section 1. Part I of chapter seven hundred and thirty- 1911,732, 
two of the acts of nineteen hundred and eleven, as affected etc"^' Imended. 
by chapter one hundred and seven of the acts of nineteen 
hundred and twelve, is hereby amended by striking out sec- 
tion four and inserting in place thereof the following : — 
SectioJi L Beginning with the vear nineteen hundred and 9'*y I^P'^*-, 

, P . , , • *^ 1 11 1 1 • . 11 "6'"' biennial 

twenty-two, the municipal election shall take place biennially municipal eiec- 
on the first Tuesday of December in every even numbered pai year, etc. 
year, and the municipal year shall begin on the first Monday 
of January in each year. All meetings of the citizens for 
municipal purposes shall be called by warrants issued by 
order of the mayor and board of aldermen, which shall be in 
such form and be served and returned in such manner and 
at such times as the city council may by ordinance direct. 

Section 2. Said Part I is hereby further amended by 1911. 732, 
striking out section five and inserting in place thereof the rmended.^' 
following : — Section 5. At such municipal election the Election of 
qualified voters shall give in their votes by ballot for mayor, men?rommon 
aldermen, common councilmen and school committee, in ac- ^hooi TOm-*°^ 
cordance with the provisions of this act and the laws of the ™'"ee. 
commonwealth. Any person recei\'ing the highest number 
of votes for any office shall be deemed and declared to be 
elected to such office; and whenever two or more persons 
are to be elected to the same office the several persons, to 
the number required to be chosen, receiving the highest 
number of votes shall be deemed and declared to be elected. 
Each person so elected shall be notified of his election in Notice toper- 
writing by the city clerk. If there is no choice for mayor, or vaTaSl^t 
if the person elected mayor shall refuse to accept the office h*'^''^fiii j^^"""' 
or shall die before qualifying, or if a vacancy in said office 
shall occur subsequently, the city council shall in joint con- 
vention elect by ballot a qualified voter of said city, who 
shall be a member of the same poUtical party as the candidate 
for mayor who received the highest number of votes for said 
office at the preceding biennial city election, or as the mayor, 
as the case may be, to serve as mayor until his successor is 
duly elected at the next biennial city election and has duly 
qualified therefor. If the full number of members of either 



220 



Acts, 1922. — Chap. 188. 



Vacancies in 
city council, 
how filled, etc. 



1911, 732, 

Part I, § 9, etc., 

amended. 



Mayor, elec- 
tion, term, 
pwwers, duties, 
salary, etc. 



1911, 732, 
Part I, § 11, 
amended. 

President of 
board of alder- 
men as "acting 



branch of the city council shall fail to be elected, or a vacancy 
shall occur in either branch, such branch shall declare a 
vacancy or vacancies to exist; thereupon the city council 
shall fill the vacancy by ballot. The person thus elected to 
fill a vacancy in the city council shall be of the same poHtical 
party and be a qualified voter of the same ward as his prede- 
cessor, and shall hold office for the remainder of the term. 

Section 3. Said Part I, as affected by section one of 
chapter one hundred and seven of the acts of nineteen hun- 
dred and twelve, and as amended in section nine by section 
one of chapter one hundred and fifty-four of the Special Acts 
of nineteen hundred and nineteen, is hereby further amended 
by striking out said section nine and inserting in place thereof 
the following : — Section 9. The maj^or shall be elected by 
the qualified voters of the entire city and shall hold office for 
two years beginning with the first Monday in January next 
succeeding his election, and until his successor is elected and 
quahfied. He shall be the chief executive officer of the city, 
and it shall be his duty to be active and x-igilant in causing 
the laws, ordinances and regulations of the city to be en- 
forced, and to keep a general supervision over the conduct 
of all subordinate officers. He shall have the power of veto 
proA'ided by general law. He may suspend any officer, and 
may suspend any work or payment whether on contract or 
otherwise for a period not exceeding seven days, but in such 
case he shall report his action with his reasons therefor to 
the city council, which shall take immediate action thereon. 
He may call special meetings of the city council or either 
branch thereof, when in his opinion the interests of the city 
require it, by causing notices to be left at the Usual place of 
residence of each member of the board or boards to be con- 
vened. He shall from time to time communicate to the city 
council or either branch thereof such information and recom- 
mend such measures as the business and interests of the city 
may in his opinion require. He shall, when present, preside 
in the board of aldermen and in convention of the two 
boards, but shall have no vote. He shall receive a salary 
not exceeding eighteen hundred dollars a year, and the same 
shall be payable at stated periods. He shall receive no other 
compensation for his services. 

Section 4. Said Part I is hereby further amended by 
striking out section eleven and inserting in place thereof the 
following: — Section 11. Pending the election of a mayor 
by the city council as provided in section five, or in case of 



Acts, 1922. — Chap. 188. 221 

the mayor's absence from the citv or of his inabiUty from mayor" 

I * p ^ ^ ' ' i> 1 • IT' 1 •! powers, duties, 

other cause to periorm the duties or his om^, the president etc. 
of the board of aldermen shall, under the style of acting 
mayor, exercise the powers and perform the duties of 
mayor, except that he shall not, unless authorized thereto 
in a special instance by the city council, make any per- 
manent appointment or removal from office; nor shall he, 
unless such inability of the mayor has continued at least 
nine days, or unless the office of mayor is vacant, have power 
to approve or disapprove any ordinance, order, resolution or 
vote of the city council. 

Section 5. Said Part I is hereby further amended by J9ii, 732. 
striking out section twelve and inserting in place thereof the amended. "' 
following: — Section 12. One alderman shall be elected ^•'^^'■'"''" '^"^ 

o _ _ common coun- 

from the qualified voters of each ward by the qualified voters cjimen, ^ec- 
of the entire city after nomination by the qualified voters of qualifications, 
the ward from which he is elected, and shall hold office for 
two years from the first Monday of January next succeeding 
his election. The members of the common council elected 
in December, nineteen hundred and twenty-one, to hold 
oflSce until the first Monday of January, nineteen hundred 
and twenty-four, shall continue to hold office until the first 
]\Ionday of January, nineteen hundred and tAventy-five. At 
the biennial municipal election in the year nineteen hundred 
and twenty-two, three members of the common council shall 
be elected by and from the qualified voters of the entire city,, 
to serve for two years from the first Monday of January 
following, and at the biennial municipal election in the year 
nineteen himdred and twenty-four and at each such election 
thereafter, one common councilman shall be elected by and 
from the voters of each ward, and three common councilmen 
shall be elected at large, to serve for two years from the fol- 
lowing first Monday of January. No person shall be eligible 
for election as alderman or common councilman who is not 
at the time of his election a resident of the w^ard from which 
he is chosen, except councilmen at large, but a subsequent 
removal to another ward of said city shall not disqualify any 
such officer from discharging the duties of his office. The 
aldermen and common councilmen shall be sworn to the 
faithful discharge of their duties, and shall receive no com- 
pensation for their serAaces. A majority of each board shall 
constitute a quorum for the transaction of business. 

Section 6. Section thirteen of said Part I is hereby laii, 732, 
further amended by inserting after the word "January" in § la, amended. 



222 



Acts, 1922. — Chap. 188. 



Meeting of 
mayor, alder- 
men and com- 
mon council- 
men elect, 
administration 
of oath, etc. 



Organization of 
city council, 
board of alder- 
men, etc. 



1911, 732, 
Part I, I 26, 
repealed, etc. 



1911, 732, 
Part I, § 34, 
amended. 



the first line the words: — next succeeding a biennial mu- 
nicipal election, — by striking out, in the thirteenth line, the 
words "municipal year" and inserting in place thereof the 
words: — two years for which the council is elected, — and 
by inserting after the word "president", in the sixteenth 
line the words : — who shall serve for the two years for which 
the board is elected and, — so as to read as follows: — Section 
13. On the first Monday of January next succeeding a 
biennial municipal election, at ten o'clock in the forenoon, 
the mayor, aldermen and common councilmen elect shall 
meet in joint convention, when they shall be sworn to the 
faithful discharge of the duties of their respective offices. 
The oath may be administered by the city clerk or by any 
justice of the peace, and a certificate of such oath having 
been taken shall be entered on the journals of the board of 
aldermen and of the common council by their respective 
clerks. After the oath has been administered as aforesaid 
the two boards shall separate. The common council shall 
be organized by the choice of a president and clerk, to hold 
their offices respectively during the two years for which the 
council is elected. The clerk shall be sworn to the faithful 
discharge of his, duties, and his compensation shall be fixed 
by concurrent vote of the city council. The board of aldermen 
shall choose a president, who shall serve for the two years 
for which the board is elected and who shall preside at the 
meetings of the board of aldermen and of the two councils in 
joint convention in the absence of the mayor. In case of 
the absence of the mayor-elect on the first Monday of Jan- 
uary, or if the mayor shall not have been elected, the city 
council shall organize itself in the manner hereinbefore pro- 
vided, and may proceed to business in the same manner as 
if the mayor were present, and the oath of office may at any 
time thereafter be administered to the mayor and any 
member of the city council who has been previously absent 
or has been subsequently elected, and every oath shall be 
duly certified as aforesaid. Each board shall keep a record 
of its own proceedings and be the judge of the election of its 
own members. 

Section 7. Section twenty-six of said Part I, providing 
for a board of commissioners of the sinking fund of said city, 
is hereby repealed, and the said board is hereby abolished. 

Section 8. Said Part I is hereby further amended by 
striking out section thirty-four and inserting in place thereof 



Acts, 1922. —Chap. 188. 223 

the foWow'mg: — Section 34. The school committee shall |^^*^'^Xtion. 
consist of the mayor, ex officio, who shall be chairman of the ^eims, etc. 
board, and fourteen other persons, inhabitants of said city, 
of whom two shall be elected by ballot froni each ward by 
the qualified voters in said ward. x\t the biennial municipal 
election in the year nineteen hundred and twenty-two and 
at each su(^h election thereafter, as many members of the 
school committee shall be elected as there are members 
whose terms expire on the first Monday of January next 
following, to serve for four years beginning with said first 
Monday. The members of said committee elected in the 
year nineteen hundred and twenty, to serve until the first 
Monday in January, nineteen hmidred and twenty-four, shall 
continue to serve until the first Monday in January, nineteen 
hundred and twenty-five, and their successors shall be elected 
for terms of foiu* years at the biennial municipal election in 
the year nineteen hundred and twenty-four. Any vacancy Vacancies, 
occurring in said committee may be filled for the period 
ending on the first Monday of January following the next 
biennial municipal election by the joint ballot of the city 
council and school committee in convention ; and for the un- 
expired term thereafter shall be filled at such biennial mu- 
nicipal election. The members of the committee shall serve 
\nthout compensation. Said committee shall biennially elect 
one of their number as chairman, to serve in the absence of 
the mayor. Said committee shall annually appoint one of ^^Ittlnd^m^eet- 
their number to attend the meetings of the board of aldermen ings of board 
and common council for the purpose hereinafter mentioned, and common 
and said committee shall annually appoint a secretary, one *^""''' ' ^ "' 
of their number, who shall be under their direction and 
control. They shall annually appoint, but not of their own Superintendent 
number, a superintendent of schools. The committee shall ^fnti^nt.Xc. 
fix the salaries of such secretary and superintendent and may 
remove them for sufficient cause. 

Section 9. A vote on the question of granting licenses vote on ques^ 
for the sale of certain non-intoxicating beverages, required licelisesYor^aafe^ 
by the pro\isions of chapter one hundred and thirty-eight of beveragL". 
the General Laws or by any other general provision of law, 
so long as said provisions shall be in effect, shall hereafter 
be taken biennially in said city at the biennial election herein 
provided for. 

Section 10. This act shall be submitted to the voters of ^"tt^eY^" 
said city of Pittsfield at the state election to be held in nine- ^o*®'"^' ^*c- 



224 



Acts, 1922. —Chaps. 189, 190. 



teen hundred and twenty-two, in the form of the following 
question to be placed upon the ballot : — " Shall an act of 
the general court, passed in the current year, providing for 
biennial municipal elections and aboHshing the board of 
commissioners of the sinking fund in the city of Pittsfield, 
be accepted?" If a majority of the votes cast upon said 
question are in the affirmative, this act shall take effect, but 
not otherwise. Approved March 24, 1922. 



G. L. 51. § 59, 
amended. 



Voting at 
primaries, cau- 
cuses or elec- 
tions by 
persons whose 
names have 
been omitted 
from voting 
list. 



C/iap. 189 An Act relative to voting at primaries and caucuses 

BY persons whose NAMES HAVE BEEN OMITTED FROM 
THE VOTING LIST. 

Be it enacted, etc., as follows: 

Section fifty-nine of chapter fifty-one of the General Laws 
is hereby amended by striking out, in the first line, the word 
"an" and inserting in place thereof the words: — a primary, 
caucus or, — so as to read as follows : — Section 59. On the 
day of a primary, caucus or election, registrars shall give to 
a voter whose name has been omitted from the voting list, 
or in whose name or residence, as placed on the voting list, 
a clerical error has been made, a certificate of his name and 
residence, as stated on the annual register, signed by a ma- 
jority of the registrars. On presentation thereof to the pre- 
siding election officer of the ward, voting precinct or town 
in which the voter was registered, he shall be allowed to vote, 
and his name shall be checked on the certificate, which shall 
be attached to and considered a part of the voting list and 
returned and preserved therewith. 

Approved March 24, 1922. 

Chap.190 An Act relative to reimbursement of towns on ac- 
count OF TEACHERS EMPLOYED IN PRACTICE SCHOOLS 
connected WITH STATE NORMAL SCHOOLS. 

Be it enacted, etc., as folloivs: 

Chapter seventy of the General Laws is hereby amended 
by striking out the last sentence of section six and inserting 
in place thereof the following : — For every teacher in a 
practice school connected with a state normal school, a part 
of whose salary is paid or reimbursed by the commonwealth, 
the town's reimbursement under this chapter shall be based 
on that part of the salary paid by the town, but shall other- 
wise be in accordance with this chapter. 

Approved March 24, 1922. 



G. L. 70. § 6, 
amended. 



Reimburse- 
ment of cities 
and towns on 
account of 
teachers em- 
ployed in 
practice schools 
connected with 
state normal 
schools. 



Acts, 1922. — Chaps. 191, 192, 193. 225 



An Act providing for additional clerks and ste- Chap. 191 

NOGRAPHERS IN THE OFFICE OF THE COMMISSIONER OF 
STATE AID AND PENSIONS. 

Be it enacted, etc., as follows: 

Section twenty-five of chapter six of the General Laws is o. l. 6, § 25, 
hereby amended by striking out the word " five " in the second ^"^^^^^ ■ 
line and inserting in place thereof the word: — eight, — so 
as to read as follows: — Section 25. The commissioner, with Commissioner 

,1 1 i! J.1 1 •! • I oi State aid 

the approval or the governor and council, may appoint a and pensions 
chief clerk and not more than eight other clerks and ste- d^r^k^.^s't^nog. 
nographers and twelve agents. The salaries of such ap- "■^p^^'^^- ^*^''- 
pointees shall be fixed by the commissioner. 

Approved March 24, 1922. 

An Act authorizing the department of mental diseases QJiaj) 192 
TO take land in the town of belchertown for the 
belchertown state school. 

Be it enacted, etc., as follows: 

The department of mental diseases, on behalf of the com- Department of 
monwealth, may, with the approval of the governor and mIy*take^cTr-^^ 
council, take by eminent domain under chapter seventy-nine BercKown 
of the General Laws, or acquire by purchase, land in fee in state school. 
the town of Belchertown for the Belchertown state school; 
provided that, if land is taken by eminent domain hereunder, Proviso, 
the eminent domain proceedings shall be commenced within 
one year after this act takes effect, or, if it is purchased, such 
purchase shall be completed within said period. 

Approded March 24, 1922. 

An Act relative to the approval of accounts for QJiav 193 
maintenance of state hospitals. 

Be it enacted, etc., as follows: 

Section thirty-two of chapter one hundred and twenty- o. l. 123. § 32, 
three of the General Laws is hereby amended by striking out, ^™®°'^^'^- 
in the second line, the word "and", and inserting in place 
thereof the words : — or, if the trustees so vote, by the 
chairman or some member designated by him, and shall be, 
— so as to read as follows : — Section 32. All accounts for Approval 
the maintenance of each of the state hospitals shall be ap- matn^nance'^'^ 
proved by the trustees thereof or, if the trustees so vote, by holpUais. 



226 



Acts, 1922. — Chaps. 194, 195, 196. 



the chairman or some member designated by him, and shall 
be filed with the state auditor, and shall be paid by the com- 
monwealth. Full copies of the pay rolls and bills shall be 
kept at each hospital. Approved March 24, 1922. 



Chap. 1^4: An Act providing for the distribution of the receipts 

FROM INCOME TAXES, FOR OTHER THAN SCHOOL PURPOSES, 
TO THE TOWNS OF BROOKFIELD AND EAST BROOKFIELD. 

Be it enacted, etc., as follows: 

In distributing the receipts from income taxes to the towms 
of Brookfield and East Brookfield under the first paragraph 
of section eighteen of chapter fifty-eight of the General Laws 
during each of the years from nineteen hundred and twenty- 
two to nineteen hundred and twenty-seven, both inclusive, 
the amount of such receipts to which the town of Brookfield 
would have been entitled under said first paragraph, had 
the town remained undivided, shall be computed, and such 
amount shall be apportioned and paid to each of such towns 
in proportion to the amount which each is required to con- 
tribute in that year to the state tax. 

Approved March 24, 1922. 



Distribution of 
receipts from 
income taxes, 
for other than 
school pur- 
poses, to towns 
of Brookfield 
and East 
Brookfield. 



Chap.195 An Act extending the provisions of an act to au- 
thorize THE CITY OF BOSTON TO PENSION THE WIDOW 
OF DANIEL T. DINEEN. 

Be it enacted, etc., as follows: 

Section 1. The provisions of chapter eighty-five of the 



City of Boston 
may pension 
widow of 
Daniel T. 
Dineen. 
To be sub- 
mitted to city 
council, etc. 

Proviso. 



acts of nineteen hundred and twelve are hereby extended to 
December thirty-first, nineteen hundred and twenty-seven. 
Section 2. This act shall take effect upon its acceptance 
by vote of the city council of the city of Boston, subject to 
the provisions of its charter; provided, that such acceptance 
occurs prior to December thirty-first in the current year. 

Approved March 24, 1922. 



Chap. 196 An Act relative to the appointment of experts in 

THE department OF LABOR AND INDUSTRIES. 

Be it enacted, etc., as follows: 

G- ^-^^^^^^ Section four of chapter twenty-three of the General Laws, 
as amended by section three of chapter three hundred and 
six of the acts of nineteen hundred and twenty-one, is hereby 



Acts, 1922. —Chap. 197. 227 

further amended by inserting after the word "dixasion" in 
the eighth line the following : — The commissioner may em- 
ploy, for periods not exceeding ninety days, such experts as 
may be necessary to assist the department in the performance 
of any duty imposed upon it by law, and such employment 
shall be exempt from chapter thirty-one, — and also by 
striking out, in the ninth and tenth lines, the word "experts,", 
so as to read as follows : — Section 4- The commissioner, Department 

. , , . . I • . • • -jI of labor and 

assistant commissumer and associate commissioners may, with industries, 
the approval of the governor and comicil, appoint, and fix ©xp^rTs^'inspec- 
the salaries of, not more than five directors, and may, with mentrete.'"*" 
like approval, remove them. One of them, to be known as 
the director of standards, shall have charge of the division 
of standards, and each of the others shall be assigned to 
take charge of a division. The commissioner may employ, 
for periods not exceeding ninety days, such experts as may 
be necessary to assist the department in the performance of 
any duty imposed upon it by law, and such emplojonent 
shall be exempt from chapter thirty-one. Except as other- 
wise provided in section eleven, the commissioner may employ 
and remove such inspectors, investigators, clerks and other 
assistants as the work of the department may require, and 
fix their compensation. Four inspectors shall be men who, 
before their employment as such, have had at least three 
years' experience as building construction w^orkmen. The 
commissioner may require that certain inspectors in the 
department, not more than seven in number, shall be per- • 

sons qualified by training and experience in matters relating 
to health and sanitation. The commissioner may employ 
temporarily, from time to time, such persons to act as sur- 
veyors of lumber as he may find necessary for making the 
surveys applied for, and such employment shall be exempt 
from chapter thirty-one. He may fix their compensation 
and, subject to his approval, they may be allowed reasonable 
expenses incurred in the performance of their official duties. 

Approved March 24, 1922. 

An Act providing for the current revision of the Chap 197 

INDEX TO THE GENERAL LAWS. 

Be it enacted, etc., as follows: 

Section fifty-one of chapter three of the General Laws is g. l 3. § si. 
hereby amended by adding at the end thereof the following: 
— They shall, from time to time, under like direction, make 



228 



Acts, 1922. — Chap. 198. 



Counsel to 
senate and 
house of rep- 
resentatives, 
appointment, 
terms, etc. 



To prepare 
table of changes 
in general 
statutes, to 
consolidate in 
the General 
Laws all new 
general 
statutes, etc. 

To make addi- 
tions and revi- 
sions in index 
of the General 
Laws, etc. 



such additions and revisions in the index of the General 
Laws as may be necessary to insure its prompt pubhcation 
in connection w-ith future re\isions of the statutes. The 
said committees may direct that copies of the index contain- 
ing such additions and revisions be deposited, from time to 
time, in the office of the state secretary or elsewhere and 
made available for public use, — so as to read as follows: — 
Section 51 . The committees on rules of the senate and house 
of representatives shall each appoint a skilled person to act 
as counsel to the senate and house of representatives, re- 
spectively, at such compensation as the said committees may 
approve. The persons so appointed shall serve for the term 
of two years from the date of appointment, subject to the 
pleasure of the said committees. They shall, under the di- 
rection of the said committees, annually prepare a table of 
changes in the general statutes, an index to the acts and re- 
solves, and shall from time to time, mider the direction of 
the said committees or of the general court ,^ consolidate and 
incorporate in the General Laws all new general statutes. 
They shall, from time to time, under like direction, make 
such additions and revisions in the index of the General Laws 
as may be necessary to insure its prompt publication in 
connection with future revisions of the statutes. The said 
committees may direct that copies of the index containing 
such additions and revisions be deposited, from time to time, 
in the office of the state secretary or elsewhere and made 
available for public use. Approved March 24, 1922. 



Chap.198 An Act enabling the secretary of the commonwealth 

TO DETERMINE THE NUMBER OF COPIES OF THE BLUE 
BOOK AND OF THE PAMPHLET EDITION OF THE ACTS AND 
RESOLVES TO BE PRINTED EACH YEAR. 

Be it enacted, etc., as follows: 

Section L Section three of chapter five of the General 
Laws is hereby amended by striking out the first four lines 
and inserting in place thereof the following : — ■ Section 3. 
The state secretary shall determine the number of copies, 
not exceeding eleven thousand five hundred, of said volume 
reciuired to be printed each year and shall, immediately after 
their publication, deposit five of such copies in his office and 
distribute others as follows: 

Section 2. Section four of said chapter five is hereby 
amended by striking out, in the second and third lines, the 



G. L. 5, § 3, 
amended. 



Blue book, 
printing and 
distribution. 



G. L. 5, § 4, 
amended. 



Acts, 1922. —Chap. 199. 229 

words "twenty thousand copies" and inserting in place 
thereof the following: — such number of copies, not exceed- 
ing twenty thousand, as he may determine, — so as to read 
as follows: — Section L The state secretary shall also, at Pamphlet 

, . « , I 1 !• 1 edition of laws, 

the close of each regular session of the general court, publish printing and 

,,,», , » . , ]• distribution. 

in pamphlet form such number or copies, not exceeding 
twenty thousand, as he may determine, of the acts and re- 
solves passed and of any proposed amendments to the consti- 
tution passed during such session, and shall at his discretion 
apportion said copies, excepting one thousand which he may 
reserve in his office for general distribution, among the clerks 
of the several towns, to be delivered by them to such in- 
habitants thereof as apply therefor. 

He shall also, as soon as any act or resolve is passed, send ad?a!fce Sheets 
a copy thereof to the following: each state department, "Lolves'' to be 
officer, board or commission whose duties are affected by ^^^^^ ^ete'"'" 
any such act or resolve, the clerks of the several towns, for 
the use of the inhabitants thereof, the justices, clerks and 
registers of courts, district attorneys, sheriffs, trial justices, 
justices of the peace authorized to issue warrants and take 
bail, county law libraries, and all incorporated law Hbraries 
and branch Hbraries maintained by them. He may also send 
copies to such persons as apply therefor, charging not less 
than the cost thereof. Approved March 24, 1922. 

An Act providing for the preservation of town (7/^a».199 

RECORDS OF BIRTHS, MARRIAGES AND DEATHS PREVIOUS 
TO THE YEAR EIGHTEEN HUNDRED AND FIFTY. 

Be it enacted, etc., as follows: 

Section 1. Chapter five hundred and sixty-two of the 1920, 562 §i, 
acts of nineteen hundred and twenty is hereby amended by 
striking out section one and inserting in place thereof the 
following : — - Section 1 . Whenever the record of the births. Preservation of 

11,1 • j^j^i 'ix 1-J] vital records of 

marriages and deaths, previous to the year eighteen hundred towns previous 

and fifty, of any town in this commonwealth shall be printed ^ ^^^^ ^^^°- 

and verified in the manner required by the state secretary 

and the state librarian and by a corporation, association or 

indi\'idual previously approved by said secretary and the 

work shall appear to said secretary and librarian to have 

been done with accuracy, said secretary shall purchase three 

hundred and fifty copies of the record at a price not exceeding 

one and one half cents per page; provided, that the written Proviso. 

copy of the town records shall become the property of the 



230 



Acts, 1922. — Chap. 200. 



Proviso. 



1920. 562, § 2, 
etc., amended. 



Distribution 
of copies. 



commonwealth and shall be deposited in the office of the 
said secretary, and proxided further, that not more than 
fifteen thousand dollars shall be expended by authority of 
this act in any one year. 

Section 2. Said chapter five hundred and sixty-two, as 
amended in section two by chapter one hundred and seventy- 
one of the acts of nineteen hundred and twenty-one, is hereby 
further amended by striking out said section and inserting in 
place thereof the f ollo^nng : — Section 2. The copies of each 
such record purchased as aforesaid shall be distributed by 
said secretary, at his discretion, as follows: One to the office 
of said secretary; one to the super\asor of public records; 
one to the free public library of each city and to\Mi in the 
commonwealth; one to each state and territorial library- in 
the United States; one to the library of congress; one to 
each incorporated historical society in the commonwealth; 
one to the library of each college in the commonwealth; one 
to each registry of deeds and one to the land court. The re- 
mainder shall be placed in the state library for the purposes 
of exchange. Approved March 24, 1922. 



G. L. Ill, 
amended. 



25, 



C/iap.200 An Act relatr^ to the publication by the department 

OF PUBLIC HEALTH OF CERTAIN INFORMATION REIATIVE 
TO FOODS. 

Be it enacted, etc., as follows: 

Section twenty-five of chapter one hundred and eleven of 
the General Laws is hereby amended by striking out, in the 
first and second lines, the words "as often as once each 
month in", and inserting in place thereof the words: — in 
each issue of, — and also by striking out, in the fifth line, 
the word "month" and inserting in place thereof the word: 
— months, — so as to read as follows : — Section 25. The 
department shall publish in each issue of its official depart- 
mental publication, and also, if in its opinion the public 
health can be served thereby, may publish in one or more 
newspapers in the commonwealth, a certificate of the exami- 
nation or analysis made under its authority during the pre- 
ceding months of any article of food manufactured or offered 
for sale in the commonwealth which is adulterated \nthin 
the meaning of chapter ninety-four; and it shall also publish, 
with such certificate of examiiiation, a statement of the trade 
mark, brand mark or name, with the name and place of 
business of the manufacturer, appearing upon the package 



Publication by 
department of 
public health 
of certain 
information 
relative 
to foods. 



Acts, 1922. —Chap. 201. 231 

or box containing such adulterated article, or with the name 
and place of business of the wholesale dealer of whom the 
goods were obtained. Approved March 27, 1922. 

An Act providing for the rebuilding by the coiiNTi' (7/^^r) 201 

OF ESSEX OF the WESTERLY ABUTMENT OF THE BRIDGE '^ 

OVER THE POWOW RIVER IN THE TOWN OF AMESBURY. 

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

*' !• 1 1 , " commissioners 

hssex, subject to all general laws applicable thereto, are may rebuild 
hereby authorized to rebuild the westerly abutment of the ment of bridge 
bridge over the Powow ri\' er near the Merrimack river at ^i^e":- inTown 
Main street in the to\\Ti of Amesbury. of Amesbury. 

Section 2. The cost and expense incurred mider this act Payment of 
shall not exceed the sum of twenty thousand dollars and 
shall be paid, in the first instance, by the county of Essex. 
The said commissioners may borrow by a temporary loan or Temporary 
loans on the credit of the county such sums, not exceeding ''*'*"' ''**'• 
the said amount as may from time to time be required for 
the cost and expense aforesaid, and may renew the same for 
such periods as may be necessary. All amounts so borrowed 
shall be deposited in the treasury of the comity, and the 
treasurer shall pay out the same as ordered by the county 
commissioners, and shall keep a separate and accurate ac- 
count of all moneys borrowed and expended under the pro- 
\'isions of this act, including interest. Upon the completion statement of 
of the said rebuilding, the said commissioners shall file in the Sed^etc^ 
office of the clerk of courts for said county a detailed state- 
ment, certified under their hands, of the actual cost thereof, 
including land damages, and shall give notice to the town of Notice to, and 

. I , , 1 • 1 , 1 assessment 

Amesbury and assess upon the said town a sum equal to upon town of 
sixty per cent of the said cost, and the said town shall pay ™^^ ^'^^' ^^^' 
into the treasury of the county the amomit so assessed within 
sixty days after it is notified by the county that the foregoing 
provisions of this act have been complied with; and if the 
said town refuses or neglects to pay the amount assessed, the 
commissioners shall, after due notice, issue a warrant against 
the said town for its proportion, with interest and the cost 
of the notice and warrant, and the same shall be collected 
and paid into the treasurs- of the county to be applied in 
payment of the expense aforesaid. 

Section 3. For the purpose of pacing the forty per cent Essex county 
of said total cost w^hich is to be borne by the county of Essex, bonds or notes 

to pay its 



232 



Acts, 1922. —Chap. 201. 



portion of cost, 
etc. 



County of 
Essex, Powow 
Kiver Bridge 
Loan, Act of 
1922. 



Town of 
Amesbury 
may issue 
bonds, etc. 



Town of 
Amesbury, 
Powow River 
Bridge Loan, 
Act of 1922. 



Commissioners 
may purchase 
or take lands, 
etc. 



Maintenance 
upon comple- 
tion. 



To be sub- 
mitted to 
Essex county 
commissioners, 
etc. 
Proviso. 



the county treasurer, vnth the appro^'al of the county com- 
missioners, may borrow from time to time such sums as may 
be necessary, not exceeding, in the aggregate, eight thousand 
dollars, and may issue bonds or notes of the county therefor, 
which shall bear on their face the words, County of Essex, 
Powow River Bridge Loan, Act of 1922, and shall be payable 
by such annual payments, beginning not more than one year 
after the date thereof, as will extinguish each loan \nthin 
ten years from its date, and the amount of such annual 
payments in any year shall not be less than the amount of 
the principal of the loan payable in any subsequent year. 
Each authorized issue shall constitute a separate loan. The 
town of Amesbury for the purpose of meeting its part of the 
cost of said rebuilding may borrow from time to time such 
sums as may be necessary, not exceeding, in the aggregate, 
twelve thousand dollars and may issue bonds or notes 
therefor, which shall bear on their face the words, Town of 
Amesbury, Powow River Bridge Loan, Act of 1922. Each 
authorized issue shall constitute a separate loan and shall be 
payable within ten years from its date. Indebtedness in- 
curred by said town under this act shall be in excess of the 
statutory limit, but shall, except as otherA\ise pro\ided 
herein, be subject to chapter forty-four of the General Laws. 
The said county and town may sell the said securities at 
public or private sale upon such terms and conditions as 
they may severally deem proper but not for less than par 
value, and the proceeds of the loan issued by the comity shall 
be used only to pay temporary loans issued in accordance 
with the provisions of section two or for the said rebuilding, 
and the proceeds of the secm-ities issued by said town shall 
be paid into the county treasury to be applied to payment of 
securities issued by the county in accordance \nth section two. 

Section 4. The comity commissioners may purchase, or 
take by eminent domain under chapter seventy-nine of the 
General Laws, such lands, rights and easements as may be 
required to cany out the purposes of this act. 

Section 5. Upon the completion of the work herein au- 
thorized, the same shall thereafter be maintained as provided 
in chapter two hundred and tliree of the acts of nineteen 
hundred and eleven. 

Section 6. This act shall take effect upon its acceptance 
by the county commissioners of the county of Essex; pro- 
vided, that such acceptance occurs on or before December 
thirty-first of the current year. Approved March 27, 1922. 



Acts, 1922. — Chaps. 202, 203. 233 



An Act providing that appeals from rulings or de- Chap. 202 

CISIONS OF THE REGISTRAR OF MOTOR VEHICLES SHALL 
NOT OPERATE TO STAY SUCH RULINGS OR DECISIONS. 

Be it enacted, etc., as follows: 

Section twenty-eight of chapter ninety of the General ^^nd^.^ ^^' 
Laws is hereby amended by inserting after the word "an- 
nulled" in the fourth line the words: — , but no such appeal 
shall operate to stay any ruling or decision of the registrar, 
— so as to read as follows : — Section 28. Any person ag- Appeals from 
grieved by a ruling or decision of the registrar may, within cisionsofth^ 
ten days thereafter, appeal from such ruling or decision to mlto/tehides. 
the division of highways, which may, after a hearing, order 
such ruHng or decision to be affirmed, modified or annulled, 
but no such appeal shall operate to stay any ruling or de- Appeals not to 
cision of the registrar. In the administration of the laws mUng^s! ^tc^.***^ 
and regulations relative to motor vehicles the di\'ision or its Summoning of 

.„ 1*11 II'** 1 • witnesses, etc. 

secretary, it so authorized by the division, or the registrar, 
may summon witnesses in behalf of the commonwealth and 
may administer oaths and take testimony. The di\ision or 
the registrar may also cause depositions to be taken, and 
may order the production of books, papers, agreements and 
documents. Any person who swears or affirms falsely in re- 
gard to any matter or thing respecting which an oath or 
affirmation is required by the di\ision or by the registrar or 
by this chapter shall be deemed guilty of perjury. The fees Fees of wit- 
for the attendance and travel of witnesses shall be the same 
as for witnesses before the superior court, and shall be paid by 
the commonwealth upon the certificate of the division or the 
registrar filed "with the auditor. The supreme judicial or Courts may 
superior court may, upon the application of the division or etc°'^*'^°'^ ^^^' 
the registrar, enforce all lawful orders of the division or the 
registrar under this section. Approved March 27, 1922. 

An Act subjecting the office of chief of police of nhn'n 203 

THE town of east LONGMEADOW TO THE CIVIL SERVICE 
LAWS. 

Be it enacted, etc., as follows: 

Section 1. The pro\isions of chapter thirty-one of the Town of East 
General Laws and the rules and regulations made thereunder officl^f ch°^' 
relating to the appointment and removal of police officers subject^t™c1v?i 
shall apply to the office of chief of police of the town of East service laws. 
Longmeadow. 



234 



Acts, 1922. — Chaps. 204, 205. 



Present in- 
cumbent may 
continue to 
hold office, etc. 

To be sub- 
mitted to 
voters, etc. 



When sections 
one and two 
talse effect. 



Section 2. The present incumbent of the said office may 
continue to hold the same without taking a civil service 
examination. 

Section 3. Sections one and two of this act shall severally 
be submitted for acceptance to the voters of the said town 
of East Longmeadow at the annual towTi meeting in the year 
nineteen hundred and twenty-three in the form of the follow- 
ing questions to be placed on the official ballot to be used at 
said meeting: — (1) Shall section one of an act passed by 
the general court in the year nineteen hundred and twenty- 
two, entitled " An Act subjecting the office of chief of police 
of the town of East Longmeadow to the civil service laws", 
be accepted? 

(2) Shall section two of said act, permitting the present 
incumbent of said office to continue to hold said office without 
taking a civil service examination, be accepted? 

If a majority of the votes in answer to the first question 
are in the affirmative, section one of this act shall thereupon 
take effect, but not otherwise. If a majority of the v^otes in 
answer to both questions one and two are in the affirmative, 
then sections one and two thereof shall take effect, but not 
other^vise. Approved March 27, 1922. 



1921, 414, § 2, 
amended. 



Chap. 204: An Act relative to the payment of the claim of olive 
p. gately against the city of boston. 

Be it enacted, etc., as folio ws: 

Section two of chapter four hundred and fourteen of the 
acts of nineteen hundred and twenty-one is hereby amended 
by striking out, in the fourth line, the words "current year" 
and inserting in place thereof the words : — year nineteen 
hundred and twenty-three, — so as to read as follows : — 
Section 2. This act shall take effect upon its acceptance by 
vote of the city council of said city, subject to the provisions 
of its charter; provided such acceptance occurs prior to 
December thirty-first in the year nineteen hundred and 
twenty-tlu-ee. Approved March 27, 1922. 



Act relative to 
payment of 
claim of Olive 
P. Gately 
against city of 
Boston, to be 
submitted to 
city council, 
etc. 



Chap. 20^ An Act relative to appropriations by the city of 

BOSTON FOR MUNICIPAL PURPOSES. 



Appropriations 
by city of Bos- 
ton for munici- 
pal purposes. 



Be it enacted, etc., as follows: 

The city of Boston may by vote of the city council, with 
the approval of the mayor, in the manner specified in section 



Acts, 1922. —Chaps. 200, 207. 235 

three of chapter four hundred and eighty-six of the acts of 
nineteen hundred and nine, make appropriations for mu- 
nicipal purposes for the financial year ending on January 
thirty-first, nineteen hundred and twenty-three, not exceed- 
ing the sum of tweh'e dollars and twenty-five cents on each 
one thousand dollars of the valuation upon which the appro- 
priations by the city council are based. 

Approved March 27, 1922. 

An Act providing methods for the examination of Chap. 206 

VINEGAR. 

Be it enacted, etc., as follows: 

Chapter ninety-four of the General Laws is hereby amended ^n^^^ded ^ ^^*' 
by striking out section one hundred and sixty-four and in- 
serting in place thereof the following: — Section 164- The Methods for 
methods for the examination of \anegar shall be those adopted of vinegar. 
by the Association of Official Agricultural Chemists. When 
no such methods are applicable, such additional methods as 
are approved by the department of public health and pub- 
Hshed in its bulletin shall be employed. 

Approved March 27, 1922. 

An Act authorizing the city of boston to pay a Chap.207 

CERTAIN claim OF THE ATLAS CONSTRUCTION COMPANY. 

Be it enacted, etc., as folloios: 

Section 1. The city of Boston may compensate the city of Boston 
Atlas Construction Company for the extra expense to which um dam oT 
the company was put in the construction for the city of a ^on company"' 
wall on Deer Island by reason of the fact that the company 
was obliged to take materials from places other than those 
agreed upon by the city and the company prior to the making 
of the contract for the building of said wall, but the sum paid 
hereunder shall not exceed the amount of the said extra ex- 
pense. For the purpose of receiving said compensation and ^^'^ c^^^^^n'^*'" 
distributing it to the persons entitled thereto, the Atlas Con- revived for 
struction Company is hereby revived, notwithstanding its purposes. 
dissolution by chapter three hundred and thirteen of the acts 
of nineteen hundred and twelve. 

Section 2. This act shall take effect upon its acceptance to be sub- 
by vote of the city council of said city, subject to the pro- council, etc. 
visions of its charter; provided, that such acceptance occurs proviso. 
prior to December thirty-first in the current year. 

Approved March 27, 1922. 



236 



Acts, 1922. —Chaps. 208, 209, 210. 



G. L. 170, 
amended. 



19, 



Chap. 208 An Act relative to paid-up shares in co-operative 

BANKS WHICV CEASE TO DO BUSINESS. 

Be it enacted, etc., as follows: 

Section nineteen of chapter one hundred and seventy of 
the General Laws is hereby amended by inserting after the 
word "matured" in the twenty-second line the words: — or 
paid-up, — and by mserting after the word "matured" in 
the twenty-fourth line the following : — , paid-up, — so that 
the last sentence will read as follows : — In the event of a 
dissolution and winding up of such corporation, by process 
of law or otherwise, any member holding matured or paid-up 
shares of such corporation shall not thereby be entitled to 
any preference over any holder of unmatured shares, and 
all shares, whether matured, paid-up or unmatured, shall be 
held and treated as belonging to one general class of liability. 

Approved March 27, 1922. 



Holders of ma- 
tured or paid- 
up shares in 
co-operative 
banks which 
cease to do 
business, not 
entitled to any 
preference, etc. 



Chap. 20^ An Act providing for the reimbursement of the town 
OF gosnold for loss of taxes by virtue of the 

OWNERSHIP OF PENIKESE ISLAND BY THE COMMONWEALTH. 

Be it enacted, etc., as follows: 

The town of Gosnold shall, for the year nineteen hundred 
and twenty-one and for each year thereafter so long as the 
ownership of Penikese island remains in the commonwealth, 



Reimburse- 
ment of town 
of Gosnold for 
loss of ta.xes by 
virtue of state 



Pe^*kesi^sfand. be reimbursed by it under sections thirteen to seventeen, 
inclusive, of chapter fifty-eight of the General Laws for the 
loss of taxes sustained by such town by virtue of such owner- 
ship, to the same extent and in the same manner as though 
said island were used by the commonwealth for the purposes 
of a public institution. Approved March 27, 1922. 



ChaV. 210 ^'^ A^^ RELATIVE TO THE EMPLOYMENT BY CITIES AND 
TOWNS OF LEGISLATIVE COUNSEL AND AGENTS, 



G. L. 3, § 50, 
amended. 



Be it enacted, etc., as follows: 

Section fifty of chapter three of the General Laws is hereby 
amended by inserting after the word "solicitor" in the second 
line the words : — or an assistant soHcitor, — and by adding 
at the' end thereof the following: — ; provided, that such 
solicitor or assistant solicitor receives no compensation for 
his services other than the regular salary attaching to his 



Acts, 1922. —Chaps. 211, 212. 237 

office, — so as to read as follows: — Section BO. Sections Employment 
thirty-nine to forty-nine, inclnsive, shall not apply to the ^Vn'sof fegL 
empl(A'nient by a town of its solicitor or an assistant solicitor a'lid^agen'tsr^' 
to represent it in any legislative proceeding; provided, that Proviso. 
such solicitor or assistant solicitor receives no compensation 
for his services other than the regular salary attaching to his 
office. Approved March 27, 1922. 

An Act placing under the civil service laws the Chap.211 

OFFICE OF CITY ELECTRICIAN IN THE CITY OF PEABODY. 

Be it enacted, etc., as folio ws: 

' Section 1. The office of city electrician in the city of p^*/t,ody office 
Peabody shall hereafter be subject to the civil ser\ace laws of ^^^'^^1®'*^*^"" 
and the rules and regulations made thereunder. The present under civil 
holder of said office shall continue to hold the same under the ^®'^^"'® 
civil ser\'ice, and shall not be required to take any civil service 
examination. 

Section 2. This act shall take effect upon its acceptance to be sub- 
by vote of the city council of said city, subject to the pro- TOuncU,*^tc!*^ 
visions of its charter; pro\dded, that such acceptance occurs Proviso, 
prior to December thirty-first in the current year. 

Approved March 27, 1922. 

An Act relative to alterations in buildings leased Qjidj) 212 

BY CO-OPERATIVE BANKS FOR THE TRANSACTION OF BUSI- 
NESS. 

Be it enacted, etc., as follows: 

Section thirty-one of chapter one hundred and seventy of G- ^- i^o^j 3i. 
the General Laws, as amended by chapter one hundred and 
fifty-eight of the acts of nineteen himdred and twenty-one, 
is hereby fiu-ther amended by adding at the end thereof the 
following sentence : — Any such corporation may, with the 
approval of the commissioner, expend a sum not exceeding 
one per cent of its dues capital for alterations in any building 
leased by it for the transaction of its business, but in no case 
exceeding its siu-plus and guaranty fund accounts, — so as 
to read as follows: — Section 31. Any such corporation may, co-operative 
with the approval of the commissioner, invest a sum not hoid'reaTestate 
exceeding its surplus and guaranty fund accounts in the pur- o7busiJieTs*'°" 
chase of a suitable site and the erection or preparation of a 
suitable building for the convenient transaction of its busi- 
ness, but in no case exceeding two per cent of its dues capital. 



238 Acts, 1922. — Chaps. 213, 214. 

^SaTions Any such corporation may, \\-ith the approval of the com- 

leased' ete^^ missioiicr, expciid a sum not exceeding one per cent of its dues 

capital for alterations in any building leased by it for the 

transaction of its business, but in no case exceeding its surplus 

and guaranty fund accounts. Approved March 27, 1922. 

Chap. 213 An Act relative to the granting of locations in the 

CITY OF CAMBRIDGE FOR LINES FOR THE TRANSMISSION 
OF ELECTRICITY. 

Be it enacted, etc., as follows: 

bridge! TO^" Section 1. The chairman of the board of license com- 
missi9nfor niissioucrs, the city electrician and the superintendent of 

granting loca- .' •i.y^i-i i i • i 

tions for lines strccts lu thc City 01 Cambridge are hereby constituted a 

for transmission .. ' t . i j- i>ji p 

of electricity, commissiou, without cxtra compensation, tor the purpose ot 
IS e , 6 . gp^jj^jj^g locations in said city for the construction of lines 
for the transmission of electricity. The said chairman of the 
board of hcense commissioners shall be the chairman, and 
the clerk of said board shall also act as clerk of the commission 
hereby established. 

dutiir^°^ Section 2. All the powers and duties conferred or im- 

posed upon the city coimcil, or any other officer or board, of 
said city by sections twenty-two to twenty-eight, inclusive, 
of chapter one hundred and sixty-six of the General Laws 
are hereby transferred to, and shall hereafter be exercised 
by, the commission established by section one; provided, 
that said powers and duties shall be exercised and performed 
subject to the provisions of said chapter one hundred and 
sixty-six, and provided further, that no permit, authorization 
or location shall be granted and no order or regulation 
adopted or enforced by the commission without the approval 
in writing of the mayor of said city. 
Section 3. This act shall take effect upon its passage. 

Approved March 30, 1922. 

Chap. 214: An Act relative to the certification of names on 

NOMINATION PAPERS. 

Be it enacted, etc., as follows: 

G. L 53, § 7. Section 1 . Section seven of chapter fifty-three of the 
General Laws is hereby amended by striking out all after the 
word "shall" in the fourteenth line down to and including 
the word "They" in the seventeenth line, and inserting in 
place thereof the words : — check each name to be certified 



Provisos. 



Acts, 1922. —Chap. 214. 239 

by them on the nomination paper and shall forthwith certify 

thereon the number of signatures so checked which are names 

of voters both in the city or town and in the district or 

di\-ision for which the nomination is made, and only names 

so checked shall be deemed to be names of qualified voters 

for the purposes of nomination. The registrars, — so as to 

read as follows : — Section 7. Every voter signing a nomi- Nomination 

nation paper shall sign in person, with his name as registered, ^^^fgn'in°per! 

and shall state his residence on April first preceding, and the ^""-'^j*" ^^'^'^^ 

place where he is then li\ang, with the street and number, if 

any; but any voter who is prevented by physical disability 

from writing or who had the right to vote on May first, 

eighteen hundred and fifty-seven, may authorize some person 

to write his name and residence in his presence; and every Number that 

voter may sign as many nomination papers for each office as Ji^n'^ ™*^ 

there are persons to be elected thereto, and no more. Every Submission to 

nomination paper of a candidate for a state office shall be of*voter" 

submitted, on or before five o'clock in the afternoon of the 

Friday preceding the day on which it must be filed, to the 

registrars of the city or town where the signers appear to be 

voters, and every nomination paper of a candidate for a city 

or town office shall seasonably be submitted to said registrars. 

In each case the registrars shall check each name to be certi- n^esl'etc"" °^ 

fied by them on the nomination paper and shall forthwith 

certify thereon the number of signatures so checked which 

are names of voters both in the city or towm and in the 

district or di\ision for which the nomination is made, and 

only names so checked shall be deemed to be names of 

qualified voters for the purposes of nomination. The regis- Number of 

trars need not certify a greater number of names than are certified, etc. 

required to make a nomination, increased by one fifth thereof. 

Names not certified in the first instance shall not thereafter 

be certified on the same nomination papers. The state 

secretary shall not be required to receive nomination papers 

for a candidate after recei\ing such papers containing a 

sufficient number of certified names to make a nomination, 

increased by one fifth thereof. 

Section 2. Section forty-six of said chapter fifty-three is g. l. 53. § 46, 
hereby amended by striking out all after the word "shall" in *™^° ^ " 
the fourth line down to and including the word "seeks" in 
the eighth line, and inserting in place thereof the words: — 
check each name to be certified by them on the nomination 
paper and shall forthwith certify thereon the number of 
signatures so checked which are names of voters both in the 



240 



Acts, 1922. — Chap. 214. 



State primaries, 
nomination 
papers, submis- 
sion to regis- 
trars of voters, 
certification 
of names, etc. 



Number of 
names to be 
certified, etc. 

Meetings of 
registrars of 
voters to cer- 
tify names, etc. 



Limitation on 
candidates. 



G. L. 53, 
amended. 



61, 



City and town 
primaries, nom- 
ination papers, 
filing, submis- 
sion to regis- 
trars of voters, 
certification of 
names, etc. 



city or town and in the district for which the nomination is 
made, and who are not enrolled in any other party than that 
whose nomination the candidate seeks, and only names so 
checked shall be deemed to be names of qualified voters for 
the purposes of nomination, — so as to read as follows: — 
Section 4.6. Every nomination paper shall be submitted, on 
or before five o'clock in the afternoon of the Friday pre- 
ceding the day on which it must be filed, to the registrars of 
the city or town in which the signers appear to be voters, 
who shall check each name to be certified by them on the 
nomination paper and shall forthwith certify thereon the 
number of signatures so checked which are names of voters 
both in the city or town and in the district for which the 
nomination is made, and who are not enrolled in any other 
party than that whose nomination the candidate seeks, and 
only names so checked shall be deemed to be names of 
qualified voters for the purposes of nomination. 

The provisions of section seven relative to the number of 
names to be certified and received, and to names not certified 
in the first instance, shall apply to such papers. For the 
purpose of certifying to the names on primary nomination 
papers the registrars shall hold meetings on the four Fridays 
next preceding the date on which such papers are required 
to be filed with the state secretary, except that for primaries 
before special elections the meetings shall be held on the 
two Fridays next preceding such date. 

No person shall be a candidate for nomination for more 
than one office; but this shall not apply to candidates for 
membership in political committees or delegations to the 
state convention. 

Section 3. Section sixty-one of said chapter fifty-three 
is hereby amended by striking out all after the word " shall" 
in the eighth fine down to and including the word "They" 
in the tenth line, and inserting in place thereof the words: — 
check each name to be certified by them on the nomination 
paper and shall forthwith certify thereon the number of 
signatures so checked which are names of voters both in 
the city or towm and in the district for which the nomination 
is made, and only names so checked shall be deemed to be 
names of qualified voters for the purposes of nomination. 
The registrars, — so as to read as follows: — Section 61. All 
nomination papers of candidates to be voted for at city or 
toMTi primaries shall be filed with the city or town clerk not 
less than ten week days previous to the day on which the 



Acts, 1922. — Chaps. 215, 216. 241 

primary is to be held for which the nominations are made. 
Every such nomination paper shall be submitted at or before 
five o'clock in the afternoon of the Friday preceding the 
day on which it must be filed to the registrars of the city or 
town where the signers appear to be voters, and the registrars 
shall check each name to be certified by them on the nomi- 
nation paper and shall forthwith certify thereon the number 
of signatm^es so checked which are names of voters both in 
the city or to^ATi and in the district for which the nomination 
is made, and only names so checked shall be deemed to be 
names of qualified voters for the purposes of nomination. 
The registrars need not certify a greater number of names Maximum 
than are required to make a nomination, increased by one nam^ to°be 
fifth thereof. Names not certified in the first instance shall certified, etc. 
not thereafter be certified on the same nomination papers. 
The city or to\^^l clerk shall not be required, in any case, to 
receive nomination papers for a candidate after receiving 
papers containing a sufficient number of certified names to 
make a nomination, increased by one fifth thereof. 

^Approved March 30, 1922. 

An Act prohibiting employers from exempting them- (JJkij) 215 
selves from liability for certain injuries to em- 
PLOYEES. 

Whereas, The deferred operation of this act would tend to Emergency 
deprive certain employees of protection previously guaranteed p'®^™'''®- 
by law and hence to defeat its purpose, 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: 

Chapter one hundred and forty-nine of the General Laws o. l. 149, new 
is hereby amended by insertmg after section one hundred I'^^Jip'^ ^f^^"" 
and seventy-seven the following new section: — Section 177 A. Employers siiaU 
No person shall, by a special contract with his employees, themselves 
exempt himself from liability which he may be under to them for^ertliili'i^n- 
for injuries suffered by them in their employment and re- impioyees. 
suiting from the negligence of the employer or of a person in 
his employ. Approved March 31, 1922. 

An Act providing for the taxation locally of certain Chav. 21Q 

STRUCTURES ERECTED ON LAND IN STATE FORESTS. 

Whereas, A delay in the taking effect of this act would de- Emergency 
feat its purpose, therefore it is hereby declared to be an P'^^ambie. 



242 



Acts, 1922. —Chap. 217. 



G. L. 59, § 5, 
second clause, 
etc., amended. 



Property of the 
commonwealth 
exempt from 
taxation. 
Exceptions. 



emergency law, necessary for the immediate preservation of 
the pubHc convenience. 

Be it enacted, etc., as follows: 

The second clause of section five of chapter fifty-nine of 
the General Laws, as amended by chapter three hundred and 
eighty-nine of the acts of nineteen hundred and twenty-one, 
is hereby further amended by inserting after the word 
"seventy-five" in the sixteenth line the following: — , struc- 
tures erected on land in state forests by persons occupying 
such land under authority conferred by the commissioner of 
conservation, — so as to read as follows : — Second, Property 
of the commonwealth, except real estate of which the com- 
monwealth is in possession under a mortgage for condition 
broken, lands in Boston known as the commonwealth flats, 
if leased for business purposes, lands and flats lying below 
high water mark in Provincetown harbor, belonging to the 
commonwealth of Massachusetts and occupied by private 
persons by license of the division of waterways and public 
lands of the department of public works, together with all 
wharves, piers and other structures which have been built 
thereon subsequent to the twenty-second day of May, nine- 
teen hundred and twenty, and those which may hereafter be 
built on said lands and flats, in conformity with permits or 
licenses granted therefor by said division, which shall be 
taxed to the persons holding such permits or licenses, buildings 
erected by lessees under section twenty-six of chapter seventy- 
five, structures erected on land in state forests by persons 
occupying such land under authority conferred by the com- 
missioner of conservation, and property taxable under chapter 
five hundred and seventy-five of the acts of nineteen hun- 
dred and twenty. Approved March 31, 1922. 



Chap.217 An Act authorizing the town of Winchester to incur 

INDEBTEDNESS FOR ADDITIONAL SCHOOL ACCOMMODA- 
TIONS. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of acquiring land for and the 
construction of school buildings, and of originally equipping 
and furnishing the same, the town of Winchester may from 
time to time borrow such sums as may be necessary, not ex- 
ceeding in the aggregate one hundred and fifty thousand 



Town of Win- 
chester may 
incur indebt- 
edness for 
school pur- 
poses. 



Acts, 1922. —Chap. 218. 243 

dollars, and may issue bonds or notes therefor, which shall 

bear on their face the words, Winchester School Loan, Act Winchester 

of 1922. Each authorized issue shall constitute a separate Actof 1922. ' 

loan. Indebtedness incurred under this act shall be in excess 

of the statutory limit, but, except as herein provided, shall 

be subject to chapter forty-four of the General Laws, 

Section 2. The town of Winchester may at its annual ^ay authorize 

, , , , borrowing of 

meetnie m the year nmeteen hundred and twenty-two, or at money, etc., at 

,. i"^',! D 1 A ' 1 "jI annual meet- 

any adjourned session thereoi, by a vote m accordance with ing, notwith- 
the articles in the warrant for said meeting relating to the war'i-anTforslid 
borrowing of money for schoolhouse purposes, authorize the ^rvl'dpHorto 
borrowing of money under the pro\isions of this act, and passage of act. 
such authorization shall be fully effective, notwithstanding 
that the warrant for said meeting was served prior to the 
passage of this act. 
Section 3. This act shall take effect upon its passage. 

Approved March 31, 1922. 



An Act establishing the tenure of office of certain (jJidry 218 

OFFICERS AND MEMBERS OF THE FIRE DEPARTMENT OF THE 
city of HAVERHILL. 

Be it enacted, etc., as follows: 

Section 1. Every officer and member of the fire depart- cityofHaver- 
ment of the city of Haverhill, with the exception of the chief office of certain 
engineer of said department, whether now holding, or here- memberTof fire 
after elected or appointed to, an office or membership in said '^^p^'*™®'**- 
department, and whether now elected or appointed for a 
definite or stated term, or otherwise, shall hold such office or 
membership continuously during good behavior, and until 
he shall have been lawfully removed therefrom under the 
provisions of chapter thirty-one of the General Laws, and of 
acts in amendment thereof. 

Section 2. So much of sections two and four of chapter Repeals, etc. 
one hundred and thirty-five of the acts of eighteen hundred 
and ninety-three, and so much of any other act or resolve, as 
is inconsistent Math section one of this act, is hereby repealed; 
and this act shall supersede all provisions of the ordinances 
of said city in so far as the same are inconsistent herewith. 

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

Apprmed March 31, 1922. 



244 Acts, 1922. — Chaps. 219, 220, 221. 



Chap. 219 An Act authorizing the metropolitan district com- 
mission TO CONSTRUCT SUIT-ABLE SHELTERS FOR THE PUB- 
LIC AT THE LYNN SHORE RESERVATION. 

Be it enacted, etc., as follows: 

disthJt°TOm° Section 1. The metropolitan district commission may 
mission may construct a pavilion or shelter, similar to those at the Revere 

construct suit- t-> i • i t oi • • i 

able shelters for Bcach rcscrvation, upon the L>nin bhore reservation in the 

shorrreserva-" clty of Lynn, and, for that purpose, may expend a sum not 

^*°"' exceeding ten thousand dollars out of the Metropolitan 

Parks Maintenance Fund. 

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

Approved March 31, 1922. 

Chap.220 An Act providing for the resurfacing and repair op 

MYSTIC VALLEY PARKWAY. 

Be it enacted, etc., as follows: 

Metropolitan Section 1. The metropolitan district commission may 
mission may expcud, from the Metropolitan Parks Maintenance Fund, 
repSrlSfystic Boulcvards, a sum not exceeding forty thousand dollars for 
park^way. thc Tcsurfacing and repair of Mystic Valley parkway, between 

Bacon street and Alewife Brook parkway. 

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

Approved March 31, 1922. 

Chap. 221 An Act relative to the fee and to certain require- 
ments FOR THE REGISTRATION OF DENTISTS COMING FROM 
OTHER STATES. 

Be it enacted, etc., as follows: 

G. L n2, § 48, Chapter one hundred and twelve of the General Laws is 
hereby amended by striking out section forty-eight and in- 
Registration of scrting in placc thereof the following : — Section ^5. The 
florn'oUie?""'"^ board may, without examination, upon the payment of a fee 
ments'/fee"ett. of tweuty-five doUars, register, and issue a certificate to, a 
dentist who has been lawfully in practice for at least five 
years in another state, if he presents to the board a certificate 
of registration, and duration of practice, from the board of 
Proviso. dental examiners or other like board of said state; provided, 

that such other state shall require a degree of competency 
equal to that required of applicants in this commonwealth 
and extends a hke courtesy to dentists registered in this com- 
monwealth. Approved March 31, 1922. 



Acts, 1922. — Chaps. 222, 223. 245 



An Act relative to the exemption from taxation. of Chap. 222 

THE REAL AND PERSONAL ESTATE HELD BY TRUSTEES FOR 
THE BENEFIT OF INCORPORATED ORGANIZATIONS OF VET- 
ERANS. 

Whereas, The deferred operation of this act would in part Emergency 

„..,,,,! , preamble. 

defeat its purpose, 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. Paragraph Fifth of section five of chapter g. l. 59, § s. 
fifty-nine of the General Laws, as amended by section one of ete., amUded. 
chapter f oiu- hmidred and seventy-four of the acts of nineteen 
hundred and twenty-one, is hereby further amended by in- 
serting after the word "to" in the second line the following: 
— or held in trust for the benefit of, — and by striking out, 
in the seventh line, the words "wilfully omits" and inserting 
in place thereof the words: — or the trustees holding for the 
benefit of such association wilfully omit, — so as to read as 
follows : — Fifth, The real and personal estate belonging to Real and per- 
or held in trust for the benefit of incorporated organizations belonging to or 
of veterans of any war in which the United States has been for benefit'of 
engaged, to the extent of one hundred thousand dollars, if o?gamzati^o^ns of 
actually used and occupied by such association, and if the ^x^'em^ptTrom' 
net income from said property is used for charitable purposes; taxation. 
but it shall not be exempt for any year in which such asso- 
ciation or the trustees holding for the benefit of such associa- 
tion wilfully omit to bring in to the assessors the list and 
statement required by section twenty-nine. 

Section 2. This act shall take effect as of April first in 'rij^«°f 
the current year. Approved March 31, 1922. 

An Act relative to the issue of bonds by gas, elec- Chap. 22^ 

TRIC and water companies. 

Be it enacted, etc., as follows: 

Section thirteen of chapter one hundred and sixty-four of ^ii^nde^d.' ^ ^^' 
the General Laws is hereby amended by striking out, in the 
sixth and seventh lines, the words "a rate not exceeding six 
per cent per annum" and inserting in place thereof the 
words: — such rate as the department shall approve, and, 
if issued under a mortgage existing on June second, nineteen 



246 



Acts, 1922. —Chap. 224. 



Bonds of gas 
and electric 
companies, 



hundred and twenty, by the proxasions of which the rate of 
interest on bonds issued thereunder is fixed, at a price and 
with provisions for amortization of any discount approved 
by the department as consistent with the pubhc interest; 
provided, that the terms of the mortgage so permit, — so as 
to read as follows: — Section 13. A corporation subject to 
this chapter may, by vote of a majority in interest of its 
interest' e"^*^"^ stockholdcrs at a meeting called therefor, and subject to the 
limitations and restrictions of the following section, issue 
bonds, at not less than par, to an amount not exceeding its 
capital stock actually paid in at the tune of such issue and 
applied to the purposes of the corporation, and bearing 
interest at such rate as the department shall approve, and, 
if issued imder a mortgage existing on June second, nineteen 
hundred and twenty, by the provisions of which the rate of 
interest on bonds issued thereunder is fixed, at a price and 
with provisions for amortization of any discount approved 
by the department as consistent with the public interest; 
provided, that the terms of the mortgage so permit; and 
may secure the payment of the principal and interest of said 
bonds by a mortgage of its franchise and property. All 
persons who acquire any mains, conduits, poles, wires, fix- 
tiu-es or other apparatus in, over, under or across public ways 
by virtue of such mortgage shall have the same rights and 
be subject to the same obligations relative to their erection, 
care, maintenance and operation as the corporation would 
have had, or would have been subject to, if the mortgage 
had not been made. Approved March 31, 1922. 



Proviso. 



Obligations of 
mortgagees. 



Chap. 22^ An Act authorizing the county of Bristol to pay a 

CERTAIN SUM OF MONEY TO THE WIDOW OF FRANK M. 
CHACE. 

Be it enacted, etc., as follows: 

Section 1. The county of Bristol may pay to the widow 
of Frank M. Chace, late county commissioner of said county, 
the remainder of the salary to which he would have been en- 
titled had he lived and served as such until January first, 
nineteen hundred and twenty-two. 

Section 2. This act shall take effect upon its acceptance 
by the county commissioners of said county; provided, that 
such acceptance occurs prior to December thirty-first in the 
current year. Approved March 31, 1922. 



Bristol county 
may pay a sum 
of money to 
widow of Frank 
M. Chace. 



To be sub- 
mitted to 
county 

commissioners. 
Proviso. 



Acts, 1922. — Chaps. 225, 226. 247 



An Act authorizing the consolidation of the second Chap.225 

BAPTIST CHURCH OF LAWRENCE, MASSACHUSETTS, AND THE 
CALVARY BAPTIST CHURCH OF LAWRENCE, MASS. 

Be it enacted, etc., as follows: 

Section 1. The Second Baptist Church of Lawrence, Consolidation 
Massachusetts and the Calvary Baptist Church of Law- ?4f church T 
rence, Mass., formerly the First Free Baptist Church of ,^^Xlette, and' 
Lawrence, Mass., are herebv consolidated in one corporation i^^9*I^^'7 , 

1 1 pi/^i" T» "/^i ii>T Baptist Church 

under the name or the Calvary Baptist Church of Lawrence, of Lawrence, 
Massachusetts. 

Section 2. The votes and proceedings whereby the Certain votes 
members of the said Second Baptist Church became mem- rrtlfi'ed.*'^*'*''^^ 
bers of the said Calvary Baptist Church, and the votes and 
proceedings changing the name of said First Free Baptist 
Church to said Calvary Baptist Church of Lawrence, Mass., 
are hereby ratified and confirmed. 

Section 3. All powers and privileges of said First Free Powers and 
Baptist Church and said Second Baptist Church shall vest ?eiT!'ltc.' *^ 
in said Calvary Baptist Church of Lawrence, Massachusetts. 

A Improved March 31, 1922. 



An Act relative to the issue of capital stock by gas, Chav.226 

ELECTRIC and WATER COMPANIES. 

Be it enacted, etc., as follows: 

Section L Section eighteen of chapter one hundred and Siiiided.' ^ '^' 
sixty-four of the General Laws is hereby amended by inserting 
after the second sentence the following new sentence : — If it 
deems that such new shares cannot be disposed of to the 
stockholders or others at or above the par value thereof, it 
may, notwithstanding the proxasions of this or any other 
section, authorize the issue of such new shares at a price less 
than the par value thereof and with such requirements for 
the amortization of the discount as it may deem necessary in 
the public interest, — so as to read as follows: — Section 18. Capital stock of 
If a gas or electric company increases its capital stock, such wmpanier ""^ 
new shares shall, except as provided in the following section, nw°shar°es,°itc. 
be offered proportionately to its stockholders at such price, 
not less than par, as its directors may fix. The vote of the 
department, as provided in section fourteen, as to the amount 
of stock reasonably necessary for the purpose for which such 



248 



Acts, 1922. —Chap. 226. 



Issue of new 
shares at price 
less than par 
value, etc. 



Notice to stock- 
holders of in- 
crease of capital 
stock, etc. 



Proviso. 



Subscriptions 
and payments 
by stock- 
holders. 



Directors to 
give notice of 
increase, etc. 



increase has been authorized, shall be based on the price 
fixed by the directors, unless the department deems that 
such price is so low as to be inconsistent with the public 
interest, in which case it may fix the price at which such 
shares may be issued. If it deems that such new shares 
cannot be disposed of to the stockholders or others at or 
above the par value thereof, it may, notwithstanding the 
proxisions of this or any other section, authorize the issue of 
such new shares at a price less than the par \^alue thereof 
and with such requirements for the amortization of the dis- 
count as it may deem necessary in the public interest. Its 
determination shall be made part of the vote of the depart- 
ment as proxdded in section fourteen, and shall be certified 
and recorded as therein prescribed. The directors, upon the 
approval of such increase as pro\nded in section fourteen and 
the fixing of the price as herein provided, shall cause written 
notice of such increase to be given to every stockholder who 
was such at the date of the vote to increase, stating the 
amomit of such increase, the number of shares or fractions of 
shares to which he, according to the proportionate number of 
his shares at the date of such vote, is entitled, the price at 
which he may take them, and fixing a time, not less than 
fifteen days after the date of such determination, within 
which- he may subscribe for such additional stock; provided, 
that when the capital stock of the corporation consists of 
preferred and common stock, the agreement or amended 
agreement of association or the by-laws or amended by-laws 
of the corporation may provide that the holders of preferred 
stock only shall be entitled to subscribe for new or additional 
preferred stock and that the holders of common stock only 
shall be entitled to subscribe for new or additional common 
stock, and that notice of such increase as aforesaid need be 
given only to the stockholders so entitled to subscribe. Every 
stockholder entitled to subscribe as aforesaid may, within 
the time limited, subscribe for his portion of the stock, which 
shall be paid for in cash before the issue of a certificate 
therefor. All votes and proceedings relative to the iacrease, 
and all rights of stockholders to subscribe for the new shares, 
shall be void unless the directors, after the vote to increase 
and within sixty days after final action of the department, 
shall cause written notice of such increase to be given as 
herein provided, or, if such increase is within the provisions 
of the following section, shall dispose of the same as therein 
provided. 



Acts, 1922. —Chap. 227. 249 

Section 2. Section nineteen of said chapter one hundred ^- ^- ^^*- f '?• 
and sixty-four, as amended by chapter two hundred and 
forty-six of the acts of nineteen hundred and twenty-one, is 
hereby further amended by inserting after the word "par" 
in the twelfth Hne the words : — , or at such price less than 
par as may have been authorized by the department as pro- 
vided in section eighteen, — so as to read as follows: — Sec- Capital stock of 
Hon 19. If an increase subject to the preceding section does companiesTsaie 
not exceed four per cent of the existing stock of the company, hy^^nctt^r 
the directors, without first offering the shares to the stock- p"*'®' ^^■ 
holders, may sell them by auction or by tender to the highest 
bidder in such manner, at such times and upon such terms, 
not less than par to be paid in cash, as the directors shall de- 
termine. Any shares heretofore or hereafter authorized, 
which, mider the provisions of the preceding section, remain 
unsubscribed for by the stockholders entitled to take them 
may be sold by the directors at public auction, or may be 
disposed of at such price, not less than par, or at such price 
less than par as may have been authorized by the department 
as provided in section eighteen, and upon such terms and in 
such manner as the directors may deem advisable, subject 
to the approval of the department. Such shares as are sold notfce^o"laie. 
by auction shall be offered for sale in Boston or in such other 
city or town as the department prescribes, and notice of the 
time and place of the sale shall be published at least five 
times, during the ten days immediately preceding the sale, 
in each of tlu*ee, at least, of such daily newspapers as the de- 
partment may prescribe. Approved March 31, 1922. 



An Act relative to the misuse of the flag. Chav 227 

Be it enacted, etc., as follows: 

Section five of chapter two hundred and sixty-four of the g. l. 264, § s, 
General Laws, as amended by chapter two hundred and ^*°' ^^°'^^'^- 
seventy-eight of the acts of nineteen hundred and twenty-one, 
is hereby further amended by inserting after the word 
"Legion" in the twentieth hne the words: — , or to a post 
or department of the Veterans of Foreign Wars of the United 
States, — so as to read as follows: — Section 5. Whoever Penalty for 
publicly mutilates, tramples upon, defaces or treats con- ITi^^etc"^ ^^^ 
temptuously the flag of the United States or of Massachu- 
setts, whether such flag is public or private property, or who- 
ever displays such flag or any representation thereof upon 



250 Acts, 1922. — Chap. 228. 

which are words, figures, advertisements or designs, or who- 
ever exposes to public view, manufactures, sells, exposes for 
sale, gives away or has in possession for sale or to give away 
or for use for any purpose, any article or substance, being an 
article of merchandise or a receptacle of merchandise or 
articles upon which is attached, through a wrapping or other- 
wise, engraved or printed in any manner, a representation of 
the United States flag, or whoever uses any representation of 
the arms or the great seal of the commonwealth for any 
advertising or commercial purpose, shall be punished by a 
fine of not less than ten nor more than one hundred dollars 
or by imprisonment for not more than one year, or both; 
but a flag belonging to a grand army post, to a camp of the 
United Spanish War Veterans, to a post or department of 
The American Legion, or to a post or department of the 
Veterans of Foreign Wars of the United States, or belonging 
to or used in the service of the United States or the common- 
wealth, may have the names of battles and the name and 
number of the organization to which such flag belongs in- 
Words. etc.. scHbcd thcreou. Words, figures, advertisements or designs 
to be upon' the attached to, or directly or indirectly connected with, the flag 
^^^' or any representation thereof in such manner that the flag 

or its representation is used to attract attention to or advertise 
such words, figures, advertisements or designs, shall for the 
purposes of this section be deemed to be upon the flag. 

Approved March 31, 1922. 



Chap.228 An Act relative to clerical and stenographic services 

FOR THE JUSTICES OF THE SUPREME JUDICIAL COURT. 

Be it enacted, etc., as follows: 

repe'aiM''^^' Section 1. Scction ninety of chapter two hundred and 

twenty-one of the General Laws is hereby repealed. 

Sniiidfil' * ^^' Section 2. Chapter two hundred and eleven of the 

General Laws is hereby amended by striking out section 

twenty-three and inserting in place thereof the following : — 

^tlMgriphfc Section 23. The justices of the court shall be allowed annu- 

services for ally for law clcrlcs, stenographers and other clerical assistance 

supreme judi- such amouut as shall be appropriated by the general court, 

' to be paid by the commonwealth upon the certificate of the 

chief justice. Approved March 31, 1922. 



Acts, 1922. — Chaps. 229, 230. 251 



An Act extending the benefits of state aid to cer- (Jjidj) 229 

TAIN WIDOWS OF SPANISH WAR VETERANS. 

Be it enacted, etc., as follows: 

Section seven of chapter one hundred and fifteen of the g. l. iis, § 7, 
General Laws, as amended by section three of chapter two ^*''- *'»^"^^'^- 
hundred and twenty-two of the acts of nineteen hundred and 
twenty-one, is hereby further amended by striking out, in 
the eighth line, the word "five" and inserting in place thereof 
the following : — fifteen in case his service was in the war 
with Spain or before April eleventh, nineteen hundred and 
five in case his serxice was in the Philippine Insurrection or 
the China Relief Expedition, — so as to read as follows: — 
Section 7. The wife of a discharged soldier or sailor shall to^^Yfeo?"^^ 
not be held to belong to any of the foregoing classes, nor shall widow on ai- 
she receive state aid unless, if the service of the soldier or state aid. 
sailor was in the war with Spain, the Philippine Insurrection 
or the China Relief Expedition, she was married to him 
before his final discharge from such servace, and, if his widow, 
before April eleventh, nineteen hundred and fifteen in case 
his service was in the war with Spain or before April eleventh, 
nineteen hundred and five in case his service was in the 
Philippine Insurrection or the China Relief Expedition, 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 June twenty-seventh, eighteen 
hundred and ninety, and if the service of the soldier or sailor 
was on the Mexican border or in the world war 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, nineteen hundred and nineteen. 

Approved March 31, 1922. 



An Act amending the charter and extending the ni^r,^ o'^O 
corporate powers of the trustees of anatolia col- 
lege. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter one hundred and six i894. io6, § i, 
of the acts of eighteen hundred and ninety-four is hereby *™^°^®*^- 
amended by striking out, in the fifth, sixth and seventh lines, 
the words ", members of the prudential committee of the 



252 



Acts, 1922. — Chap. 230. 



The Trustees of 
Anatolia Col- 
lege, incorpo- 
rated. 



Powers, etc. 



Number, 
classes and 
terms of 
trustees. 



1894, 106, § 3, 
amended. 



May have seal, 
etc. 



May take and 
hold real and 
personal estate, 



American Board of Commissioners for Foreign Missions, 
and their successors in that office," and by inserting after 
the word "men ", in the tenth Hne the words: — and women, 
— and by striking out the last sentence and inserting in place 
thereof the follo-^-ing: — The trustees shall number not less 
than nine nor more than eighteen, and shall be divided into 
three approximately equal classes: one class to serve three 
years, one class two years, and one class one year; and at 
the expiration of their several terms, their successors shall 
be chosen in classes for terms of three years each, — so as to 
read as follows: — Section 1. Edwin B. Webb, Joseph S. 
Ropes, Charles C. Burr, Albert H. Plumb, William P. Ellison, 
G. Henry Whitcomb, A. Lvman Williston, James G. Vose, 
James M. W. Hall, Henry D. Hyde, John E. Tuttle, William 
W. Jordan and Elijah Horr are hereby constituted a body 
corporate by the name of The Trustees of Anatolia College, 
with power to maintain an institution for the education of 
young men and women; and they and their successors, and 
such persons as shall be duly elected members of such corpo- 
ration, shall be and remain a body corporate by that name 
forever; and for the orderly conducting of the business of 
said corporation the members of said corporation shall have 
the power and authority from time to time, as occasion may 
require, to elect a chairman, a clerk, a treasurer, and such 
other officers of said corporation as may be found necessary, 
and to declare the duties and tenures of such offices. The 
trustees shall number not less than nine nor more than 
eighteen, and shall be di\aded into three approximately equal 
classes: one class to serve three years, one class two years, 
and one class one year; and at the expiration of their several 
terms, their successors shall be chosen in classes for terms of 
three years each. 

Section 2. Section three of said chapter one hundred 
and six is hereby amended by striking out all after the word 
"personal" in the ninth line, so as to read as follows: — 
Section 3. Said corporation may have a common seal, which 
they may alter or renew at their pleasure, and all deeds 
sealed with the seal of said corporation and signed by their 
order shall, when made in their corporate name, be con- 
sidered in law as the deeds of said corporation; and said 
corporation shall be capable of taking and holding in fee 
simple or any less estate, by gift, grant, bequest, devise or 
otherwise, any lands, tenements or other estate, real or 
personal. 



Acts, 1922. —Chap. 231. 253 

Section 3. Section five of said chapter one hundred and a^'^Jfg^j ^ ^* 
six is hereby amended by inserting before the word "No" in 
the first Hne the Mords: — The work of the institution shall 
be conducted on a Christian basis, but, — so as to read as 
follows : — Section 5. The work of the institution shall be Work to be 
conducted on a Christian basis, but no student in said college TchHsufn"'^'* 
shall be refused admission to or denied any of the privileges, ''^^'^' ®''°- 
honors or degrees of said college on account of the religious 
opinions he may entertain. Approved March 31, 1922. 



An Act relative to the instruction of certain men- fhnrt 2S1 

TALLY RETARDED CHILDREN. 

Be it enacted, etc., as follows: 

Section forty-six of chapter seventy-one of the General ^m^ndid ^ *^' 
Laws is hereby amended by adding at the end thereof the 
following : — No child under the control of the department 
of public welfare or of the child welfare division of the insti- 
tutions department of the city of Boston who is three years 
or more retarded in mental development within the meaning 
of this section, shall, after complaint made by the school 
committee to the department of public welfare or said 
di\'ision, be' placed in a town which is not required to maintain 
a special class as provided for in this section, — so as to read 
as follows : — Section 4^. The school committee of every instruction of 
town shall annually ascertain, under regulations prescribed Srd^"chUdren. 
by the department and the commissioner of mental diseases, 
the number of children three years or more retarded in mental 
development in attendance upon its public schools, or of 
school age and resident therein. At the beginning of each 
school year, the committee of every town where there are 
ten or more such children shall estabUsh special classes for 
their instruction according to their mental attainments, 
under regulations prescribed by the department. No child to^certlfndiri- 
under the control of the department of public welfare or of ^ren under 
the child welfare division of the institutions department of partmentof 
the city of Boston who is three years or more retarded in et". "'^^ ^^^' 
mental development within the meaning of this section, 
shall, after complaint made by the school committee to the 
department of public welfare or said division, be placed in a 
town which is not required to maintain a special class as pro- 
vided for in this section. Approved March 31, 1922. 



254 



Acts, 1922. — Chaps. 232, 233, 234. 



Appropriation 
to continue 
work of clear- 
ing forests of 
metropolitan 
parks of fallen 
trees, etc. 



Chap. 232 An Act making an appropriation to continue the 

WORK OF CLEARING THE FORESTS OF THE METROPOLITAN 
PARKS OF FALLEN TREES AND BROKEN LIMBS AND 
BRANCHES. 

Be it enacted, etc., as folloivs: 

For continuing the work of the special commission, created 
by chapter thirteen of the acts of the present year, in clearing 
the forests of the metropolitan parks of fallen trees and broken 
limbs and branches, there is hereby appropriated, in addition 
to any amount heretofore appropriated for the purpose, the 
further sum of fifty thousand dollars to be paid from the 
Metropolitan Parks Maintenance Fund and assessed upon 
the cities and towns of the metropolitan parks district, in 
accordance with the law relative to assessments for the 
maintenance of metropolitan parks. 

Approved March 31, 1922. 

Chap. 233 An Act authorizing the town of dracut to com- 
pensate MARY GERTRUDE McDONALD FOR CERTAIN IN- 
JURIES. 

Be it enacted, etc., as follows: 

Section 1. The town of Dracut may pay to Joseph W. 
McDonald of Dracut, father and next friend of Mary 
Gertrude McDonald, minor, for the use of the said Mary 
Gertrude McDonald, a sum not exceeding one thousand 
dollars, as compensation for injuries sustained by her while 
riding to school in the conveyance provided by the town. 

Section 2. This act shall take effect upon its acceptance 
by the said town in town meeting. 

Approved March 31, 1922. 

Chap.234i An Act providing for an annual vacation of two 

WEEKS FOR CERTAIN SCRUB WOMEN OR CLEANERS EM- 
PLOYED BY THE SUPERINTENDENT OF BUILDINGS. 

Be it enacted, etc., as follows: 

Section five of chapter eight of the General Laws is hereby 
amended by adding at the end thereof the following: — 
Scrub women or cleaners regularly employed by the superin- 
tendent of buildings under the preceding section, who have 
been so employed for a period of at least six months, shall 
be entitled to a \'acation each year of two weeks' duration 



Town of Dracut 
may compen- 
sate Mary 
Gertrude 
McDonald for 
certain injuries. 



To take effect 
upon accept- 
ance by town. 



G. L. 8, 5 5, 
amended. 



Acts, 1922. — Chaps. 235, 236. 255 

with pay. Such pay shall be based upon the average weekly 
compensation received by them for the preceding six months' 
period of employment, — so as to read as follows: — <Sec- Compensation 
Uon 5. He shall fix the compensation of all persons employed sup^eHnt^e^n^dent 
by him; pro\'ided, that the minimum wage paid to scrub of bu.idinga. 
women employed by the commonwealth shall be not less 
than forty cents an hour and provided, that such compensa- 
tion shall not exceed in the aggregate the sums annually 
appropriated therefor by the general court. Scrub women 
employed in the state house by the superintendent shall be 
paid weekly. Scrub women or cleaners regularly employed J^^b^women 
by the superintendent of buildings under the preceding sec- ««• cleaners, 
tion, who have been so employed for a period of at least six 
months, shall be entitled to a vacation each year of two 
weeks' duration with pay. Such pay shall be based upon the 
average weekly compensation received by them for the pre- 
ceding six months' period of employment. 

Approved March 31, 1922. 

An Act authorizing the city of revere to incur in- Qfidj) 235 

DEBTEDNESS FOR THE CONSTRUCTION AND RAISING OF A 
DIKE AT CHARLES FREDERICK PARK. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of constructing and raising City of Revere 
the dike at Charles Frederick park, the city of Revere may dlb^e'dnesVfor 
from time to time borrow such sums as may be necessary, ^"fa^dike^* 
not exceeding, in the aggregate, forty thousand dollars, and 
may issue bonds or notes therefor, which shall bear on their 
face the words. Revere Dike Loan, Act of 1922. Each au- Revere Dike 
thorized issue shall constitute a separate loan, and such loans \^i2.' ^"^ ° 
shall be payable within ten years from their dates. Indebted- 
ness incurred under this act shall be in excess of the statutory 
limit, but shall, except as provided herein, be subject to 
chapter forty-four of the General Laws. 

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

Approved April 3, 1922. 

An Act authorizing the city of waltham to incur Chav-^^^ 

INDEBTEDNESS FOR A SOUTH JUNIOR HIGH SCHOOL. 

Be it enacted, etc., as follows: 

Section 1. Foiv the purpose of purchasing or otherwise cityofwai- 
acquiring land for a south junior high school and for the row"Jn?ne^y'Sr' 

school purposes. 



256 



Acts, 1922. — Chap. 237. 



original construction of a building for such school, including 
the original equipment and furnishing of the same, the city 
of Waltham may, from time to time, borrow such sums as 
may be necessary, not exceeding in the aggregate three hun- 
dred and fifty thousand dollars, and may issue bonds or 
notes therefor, which shall bear on their face the words, 
Waltham South Waltham South Junior High School Loan, Act of 1922. Each 

Junior High . , ^^ . 

authorized issue shall constitute a separate loan. Indebted- 
ness incurred under this act shall be in excess of the statutory 
limit, but shall, except as pro\'ided herein, be subject to 
chapter forty-four of the General Laws. 
Section 2. This act shall take effect upon its passage. 

Approved April 3, 1922. 



igh 

School Loan, 
Act of 1922. 



Chap. 2S7 An Act providing for biennial elections under the 

ST-\NDARD FORMS OF CITY CHARTERS. 

Be it enacted, etc., as follows: 

Section L Section one of chapter forty-three of the 
General Laws is hereby amended by inserting after the word 
"annual" in the twenty-third line the words: — or biennial, 
— so that the last paragraph of said section will read as fol- 
lows: — "Regular municipal election", the annual or biennial 
election of municipal officers for which provision is made in 
this chapter. 

Section 2. Section eight of said chapter forty-three is 
hereby amended by inserting after the comma at the end of 
the eleventh line the words : — with elections to be held 
(annually, biennially in every even nmnbered year, or 
biennially in every odd numbered year) , — so as to read as 
follows : — Section 8. The petition shall be in substantially 
the following form: To the city council (or other legislative 
body) of the city of . We, the undersigned, quali- 

fied voters of the city, respectfully petition your honorable 
body to cause to be submitted to a vote of the voters the 
following question: "Shall the city of adopt the 

form of government defined as Plan (A, B, C, or D, as it is 
desired by petitioners), and consisting of (describe plan 
briefly, as government by mayor and nine councillors elected 
at large, or government by a mayor and councillors elected 
partly at large and partly from wards or districts, or govern- 
ment by five commissioners, one of whom shall be the mayor, 
or government by a mayor and four councillors, with a city 



G. L. 43, § 1, 
amended. 



"Regular 
municipal elec- 
tion", term 
defined. 

G. L. 43, § 8, 
amended. 



Form of peti- 
tion to city 
council calling 
for vote on 
adoption of cer- 
tain plan of 
government. 



Acts, 1922. — Chap. 237. 257 

manager), with elections to be hekl (annually, biennially in 
every even numbered year, or biennially in every odd num- 
bered year) according to chapter forty-three of the General 
Laws relating to city charters?" 

The petition mav be in the form of separate sheets, each Separate sheets 

1 •• 'i 1 ciii- 1 X "^^y "^ used. 

sheet contannng at the top thereof the headmg above set 
forth, and when attached together and oflFered for filing the 
several papers shall be deemed to constitute one petition, and 
there shall be endorsed thereon the name and address of the 
person presenting the same for filing. 

Section 3. Said chapter forty-three is hereby amended ^m^ded.^ ^^' 
by striking out section fifteen and inserting in place thereof 
the following: — Section 15. Except as proxided in this sec- Dates of city 
tion, the first city election next succeeding the adoption of u^n^adop^tion 
any plan provided for by this chapter shall take place on govirnment. 
the third Tuesday of December next succeeding sUch adop- 
tion, and thereafter the city election shall take place annually 
on the Tuesday next following the first Monday of December, 
and the municipal year shall begin and end at ten o'clock in 
the morning of the first Monday of January in each year. 
If the plan adopted prox-ides for elections to be held biennially Biennial 
in every even numbered year, then the regular municipal 
election next succeeding the adoption of such plan shall take 
place on the third Tuesday of December succeeding such 
adoption, and thereafter said election shall take place bi- 
ennially on the Tuesday next following the first IMonday of 
December, in every even numbered year. 

If the plan adopted provides for elections to be held bi- 
ennially in e\'ery odd numbered year, then the regular mu- 
nicipal election held under the provisions of such plan shall 
take place on the Tuesday next following the first Monday 
of December in every odd numbered year. 

Section 4. Section seventeen of said chapter forty-three g. l 43. § 17. 
is hereby amended by inserting after the word "January" 
in the first line the words: — , followng a regular municipal 
election, — so as to read as follows: — Section 17. On the Mayor elect, 
first IMonday in January, following a regular municipal elec- deX'etc'^ftime 
tion, at ten o'clock in the forenoon, the mayor-elect and the mil^stratfdn*of 
councillors-elect, and assessors-elect if elected by the people, °*'^' «**=• 
shall meet and be sworn to the faithful discharge of their 
duties. The oath may be administered by the city clerk or 
by a justice of the peace, and a certificate thereof shall be 
entered on the journal of the city council. At any meeting 



258 



Acts, 1922. —Chap. 237. 



G. L. 43. § 31, 
amended. 



School commit- 
tee, number, 
election, 
term, etc. 



Biennial 
elections. 



G. L. 43, § 36, 
amended. 



Vacancies in 
school commit- 
tee, filling of. 



G. L. 43, § 40, 
amended. 



Initiative peti- 
tions, proceed- 
ings if petitions 



thereafter the oath may be administered in the presence of 
the city council to the mayor, or to any comicillor absent 
from the meeting on the first Monday in January. 

Section 5. Section thirty-one of said chapter forty-three 
is hereby amended by striking out the words "annual city" 
in the third line and inserting in place thereof the words : — 
regular municipal, — and by inserting after the word 
"elected" in the fourth line the words: — , except as pro- 
vided in this section, — and by adding at the end thereof the 
following: — If the plan adopted provides for elections to be 
held biennially, there shall be elected at the first regular 
municipal election held under the pro\isions of such plan, 
three members to ser\-e for two years and three members to 
serve for four years, and biennially thereafter three members 
to serve for four years, — so as to read as follows: — Section 
31. The school committee shall consist of the mayor, who 
shall be the chairman, and six members elected at large. At 
the first regular municipal election held in any city after its 
adoption of one of the plans proxaded in this chapter, there 
shall be elected, except as provided in this section, two mem- 
bers to serve for one year, two for two years and two for 
three years, and annually thereafter there shall be elected 
two members to serve for three years. If the plan adopted 
provides for elections to be held biennially, there shall be 
elected at the first regular municipal election held under the 
pro^^sions of such plan, three members to serve for two years 
and three members to ser\'e for four years, and biennially 
thereafter three members to ser\'e for four years. 

Section 6. Said chapter forty-three is hereby amended 
by striking out section thirty-six and inserting in place 
thereof the following : — Sectioti 36. If a vacancy occurs in 
the school committee by failure to elect, or otherwise, the 
city council and the remaining members of the school com- 
mittee shall meet in joint con\'ention and elect a suitable 
person to fill the vacancy until the first Monday in January 
following the next regular municipal election; and, if there 
would be a vacancy on said first Monday, it shall be filled 
at such regular municipal election for the balance of the un- 
expired term. The mayor, if present, shall preside at the 
convention. 

Section 7. Section forty of said chapter forty-three is 
hereby amended by striking out the words "annual city" in 
the seventh line and inserting in place thereof the words: — 
regular mmiicipal, — so as to read as follows: — Section Jfi. 
If an initiative petition is signed by registered voters equal 



Acts, 1922. —Chap. 237. 259 

ill number to at least eight per cent but less than twenty per are not fuiiy 
cent of the total iiuinber of registered voters, and said meas- ^'^"^ ' 
ure be not passed without alteration within twenty days by 
the city council or the school committee, as provided in the 
preceding section, such proposed measure, Anthout alteration, 
shall be submitted b>- the city council to a vote of the regis- 
tered voters of the city at the next regular municipal election ; 
and if mider this or the preceding section it shall be approved 
by a majority of the registered voters voting thereon such 
proposed measure shall become law. 

Section 8. Section fifty of said chapter forty-three is g. l. 43. § 50. 
hereby amended by inserting after the letter "A" in the 
fifth line the words : — , except as otherwise provided in this 
section, — and by adding at the end thereof the following: — 
If the plan adopted provides for elections to be held biennially, 
at the first regular municipal election held under the pro- 
visions of such plan and at each biennial election thereafter, 
there shall be elected nine members of the city council to 
serve for two years from the first day of January following 
their election and until their successors are quahfied, — so as 
to read as follows : — Section 50. The legislative powers of ^i*jJb*^"11ec- 
the city shall be vested in a city council, consisting of nine ^"^^^^^Ppj^^^ 
persons, elected at large by and from the quahfied voters of a.' 
the city. One of its members shall be elected by the council 
annually as its president. At the first election held in a city 
after its adoption of Plan A, except as otherwise provided in 
this section, the five candidates receiving the largest number 
of votes shall hold office for two years, and the four receiving 
the next largest number of votes shall hold office for one 
year. Thereafter, as these terms expire, there shall be 
elected at each annual city election a sufficient number of 
members to fill the vacancies created by the expiration of 
said terms, each member so elected to serve for two years. 

If the plan adopted provides for elections to be held bi- ^I'^^^^fj*^ 
ennially, at the first regular municipal election held under 
the provisions of such plan and at each biennial election 
thereafter, there shall be elected nine members of the city 
council to serve for two years from the first day of January 
following their election and until their successors are quali- 
fied. 

Section 9. Said chapter forty-three is hereby further g. l. 43, 5 59, 
amended by striking out section fifty-nine and inserting in ^""^nded. 
place thereof the f ollo^ving : — Section 59. The legislative City council, 
powers of the city shall be vested in a city council. One of t\on. etc., 
its members shall be elected by the council annually as its b!-^"^ ^^^^ 



260 



Acts, 1922. — Chap. 237. 



Terms of oflSce. 



Biennial 
elections. 



G. L. 43, § 
amended. 



City council, 
terms of office, 
under "Plan 
C." 



Proviso. 



G. L. 43, § 82. 
amended. 



City council, 
membership, 
election, terms, 



president. In cities ha\'ing more than seven wards, the city 
council shall be composed of fifteen members, of whom one 
shall be elected from each ward by and from the qualified 
voters of that ward, and the remaining members shall be 
elected by and from the qualified voters of the city. In cities 
ha\'ing seven wards or less, the city council shall be com- 
posed of eleven members, of whom one shall be elected from 
each ward by and from the qualified voters of that ward, and 
the remaining members shall be elected by and from the 
quahfied \oters of the city. 

At the first regular municipal election held in a city after 
its adoption of Plan B, except as otherwise pro\ided in this 
section, the councillors elected from each ward shall be 
elected to serve for one year, and those elected at large shall 
be elected to serve for two years, from the first Monday in 
January following their election and until their successors 
are qualified; and at each regular municipal election there- 
after the councillors elected to fill vacancies caused by the ex- 
piration of the terms of councillors shall be elected to serve 
for two years. 

If the plan adopted provides for elections to be held bi- 
ennially, at the first regular municipal election held under 
the provisions of such plan and at each biennial election 
thereafter, all the councillors whether elected at large or by 
wards shall be elected to serve for two years from the first 
day of January following their election and until their suc- 
cessors are qualified. 

Section 10. Said chapter forty-three is hereby further 
amended by striking out section sixty-eight and inserting in 
place thereof the following: — Section 68. The terms of 
office of the members of the council shall commence at ten 
o'clock in the forenoon of the first Monday in January fol- 
lowing their election and shall be for two years each, and 
until their successors are qualified; provided, that, if the 
plan adopted proAides for elections to be held annually, the 
terms of ofiice of the commissioner of administration, of the 
commissioner of finance and of the commissioner of health 
elected at the first regular election held under such plan 
shall be for two years, and the terms of office of the commis- 
sioner of public works and of the commissioner of public 
property so elected shall be for one year. 

Section 11. Said chapter forty-tlu-ee is hereby further 
amended by striking out section eighty-two and inserting in 
place thereof the following: — Section 82. The city council 
shall consist of four members and the mayor, to be elected 



Acts, 1922. — Chap. 238. 261 

by and from the qualified voters of the city for terms of ^pja" d!'" 
two years and until their successors are elected and qualified ; 
pro^^ded, that if the plan adopted pro%'ides for elections to proviso. 
be held annually, the two candidates for the city council 
ha\'ing the highest number of votes at the first regular elec- 
tion held under such plan shall serve for two years and the 
two candidates for the city coimcil ha\-ing the next highest 
number of \'otes shall serve for one year. If the office of 
mayor becomes vacant, the remaining members of the council 
shall choose from their own number his successor for the 
unexpired term. 

Section 12. This act shall not apply to any city that Not applicable 
has already adopted any plan pro\aded by said chapter forty- '^^ ^'° *" '^^' 
three. Approved April 3, 1922. 

An Act providing for • biennial municipal elections nhn^ 238 

IN THE city of FALL RIVER. ^' 

Be it enacted, etc., as folloivs: 

Section 1. Chapter three hmidred and ninety-three of g?^^- amended 
the acts of nineteen hundred and two, as amended in section 
three by section one of chapter one hmidred and one of the 
acts of nineteen hundred and eight, is hereby further amended 
by striking out said section three and inserting in place 
thereof the following: — Section 3. The municipal election city of Fail 
shall take place biennially in every odd-numbered year, be- SSpai e?^- 
ginning in the year nineteen hundred and twenty-three, on parye^"etc!' 
the Tuesday next after the first Monday of December, and 
the municipal year shall begin on the first Monday of Jan- 
uary in each year. 

Section 2. Said chapter three hundred and ninety-three, 1902, 393, § 6. 
as amended in section six by section one of chapter two hun- ®**' ^™^°«^^- 
dred and twenty-five of the acts of nineteen hundred and 
three, is hereby further amended by striking out said section 
six and inserting in place thereof the following : — Section 6. Board of aider- 

_-, . -1 1 11 • p '111 11 1 j^i men, number, 

The City council shall consist 01 a single body called the election, terms, 

board of aldermen, composed of twenty-seven members to ^ 

be elected at each biennial municipal election for terms of 

two years, as follows : — One alderman shall be elected by 

all the voters of the city from the voters of each of the nine 

wards, and two aldermen shall be elected by and from the 

voters of each of said wards. 

Section 3. Said chapter three hundred and ninety-three, 1902, 393, § 8, 
as amended in section eight by section two of chapter two ^^" ^°^«"<^®'^- 
hundred and twenty-five of the acts of nineteen hundred and 



262 



Acts, 1922. — Chap. 238. 



Meeting of 
mayor-elect 
and aldermen- 
elect, oath of 
office, etc. 



Organization 
of board of 
aldermen, etc. 



1902, 393, § 25, 
amended. 



School commit- 
tee, number, 
election, 
terms, etc. 



No municipal 
election in 
year 1922. 

Certain officials 
to continue to 
hold office 
until, etc. 



three and by chapter eighteen of the acts of the current year, 
is hereby further amended by striking out said section eight 
and inserting in place thereof the following : — Section 8. 
On the first Monday of January, or, if a holiday then on the 
follo\^'ing day, in every even-numbered year, beginning with 
the year nineteen hundred and twenty-four, at ten o'clock in 
the morning, the mayor-elect and aldermen-elect shall meet 
and shall be sworn to the faitliful performance of their duties. 
At any time thereafter the oath may be administered to the 
mayor-elect or to any alderman-elect who was absent or was 
not then elected. After the mayor-elect and the aldermen- 
elect, or a majority thereof, have been sM^orn the board of 
aldermen shall be called together by the mayor, and a presi- 
dent and \'ice president shall forthwith be elected from the 
board, in the order named. The mayor shall preside pending 
the election of a president, who, when elected, shall preside 
during the election of a vice president. No other business 
shall be transacted by the aldermen until the officers afore- 
said haxe been elected. The city clerk shall be clerk of the 
board of aldermen. 

Section 4. Said chapter three hundred and ninety-three 
is hereby further amended by striking out section twenty-five 
and inserting in place thereof the following : — Section 25. 
The school committee shall consist of such number of persons, 
not less than nine and di\'isible by three, as the board of 
aldermen shall from time to time determine. In the year 
nineteen hundred and twenty-three, one third of the members 
of the school committee shall be elected for four years and 
one third for six years, and at exevy biennial municipal elec- 
tion thereafter one third of the members shall be elected for 
six years. The term of office of each member so elected 
shall begin on the first Monday of January in the year fol- 
lowing his election. 

Section 5. There shall be no municipal election in the 
city of Fall River in the year nineteen hundred and twenty- 
two. The mayor and members of the board of aldermen and 
school committee of said city whose terms of office would 
expire, under existing law, on the first Monday of January, 
nineteen hundred and twenty-three, shall continue to hold 
office until the first Monday of Januar\^ in the year nineteen 
hundred and t^^'enty-four, and their successors shall be 
elected at the biennial nuuiicipal election in the year nine- 
teen hundred and twenty-three. Members of the school 
committee whose terms of office would expire on the first 



Acts, 1922. —Chap. 239. 263 

Monday of January, nineteen hundred and twenty-five, shall 
continue to hold office until the first Monday of January, 
nineteen hundred and t^vent^'-six. 

Section 6. The terms of office of all heads of departments Terms of office 
in said city chosen by the board of aldermen which would heads of de- 
expire at any time in the year nineteen hundred and twenty- exte[]^'^t^*^' ■ 
three are hereby extended one year. 

Section 7. This act shall be submitted to the voters of ^"-t^^^to' 
said city of Fall Ri\'er at the state election in the current voters, etc. 
year, in the form of the following question to be placed upon 
the official ballot to be used at said election: — "Shall an 
act passed by the general court in the current year, pro\ading 
for biennial municipal elections in the city of Fall River, be 
accepted?" If a majority of the votes cast on said question 
are in the affirmative, this act shall take effect; otherwise it 
shall not take effect. Approved April 3, 1922. 



Chap.239 



An Act relative to the deduction of real estate 
mortgages in the taxation of trust companies. 

Be it enacted, etc., as follows: 

Section fourteen of chapter sixty-three of the General ^^^^ ^ ^*' 
Laws is hereby amended by adding at the end thereof the 
following : — , except that investments in real estate mort- 
gages deductible under section twelve or fifty-six may be de- 
ducted under both said sections; pro\dded, that the same 
mortgage investment shall not be considered during the same 
calendar month in determining the daily average of mort- 
gages deductible under section twelve and the monthly 
average deductible under section fifty-six, — so as to read 
as follows: — Section 14- No investment of deposits in the investments in 
savings department of any trust company exempt in any mint ^t to'^bL' 
year from the tax imposed by section eleven shall be in the ^^iffrom'other 
same year a basis for any deduction allowed in computing taxes on trust 
any other tax which trust companies are required by law to 
pay, except that investments in real estate mortgages de- Deduction of 
ductible under section twelve or fifty-six may be deducted J^nll^^. 
under both said sections; pro\'ided, that the same mortgage Proviso, 
investment shall not be considered during the same calendar 
month in determining the daily average of mortgages de- 
ductible under section twelve and the monthly average 
deductible under section fifty-six. 

Approved April 3, 1922. 



264 Acts, 1922. — Chap. 240. 



Chap.24:0 An Act relative to the time for filing applications 

FOR CERTAIN PAYMENTS TO SOLDIERS AND SAILORS. 

prTambie*'^ Whereus, The deferred operation of this act would be in- 

consistent with its purpose, therefore it is hereby declared 
to be an emergency law, necessary for the immediate preser- 
vation of the public convenience. 

Be it enacted, etc., as follows: 
state pay for SECTION 1 . No payment shall be made by the treasurer 

Massachusetts . . i i i • • p i 

soldiers and and Tcceiver-general under the pro\'isions or chapter two 
filing appiica- hundrcd and eleven of the General Acts of nineteen hundred 
and seventeen, as affected by chapter three hundred and 
thirty-two of said General Acts, by chapter ninety-two of 
the General Acts of nineteen hundred and eighteen and by 
section one of chapter three hundred and twenty-six of the 
acts of nineteen hundred and twenty-one, upon any applica- 
tion filed with the said treasurer after November thirtieth, 
nineteen hundred and twenty-three, 
iretf^ ^^^' Section 2. Section four of chapter two himdred and 
amended. eiglity-thrce of the General Acts of nineteen hundred and 
nineteen, as amended by section one of chapter two hundred 
and fifty of the acts of nineteen hundred and twenty and by 
section two of chapter three hundred and twenty-six of the 
acts of nineteen hundred and twenty-one, is hereby further 
amended by striking out, in the third and fourth lines, the 
word "twenty-one" and inserting in place thereof the word: 
' 'Bonus", so- ■ — twenty-three, — so as to read as follows: — Section 4- Ap- 
Mas^sl'ch'iLetts pHcatious hereunder shall be filed with the treasurer and 
laiiorTtlnfe for receiver-geiicral before twelve o'clock, noon, of November 
filing appiica- thirtieth, nineteen hundred and twenty-tlu'ee, upon forms to 

tions, etc. . . • 1 

be furnished by him. The treasurer and receiver-general may 
accept the written statement of an assessor of a city or town 
that a person claiming pay or on whose accoimt 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 e\'idence of residence as he 
may consider adequate. The assessors of the several cities 
and towns shall, at the request of the treasurer and receiver- 
general, forthwith furnish such information relative to such 
residence as their records may disclose. 

Approved April 5, 1922. 



Acts, 1922. — Chaps. 241, 242. 265 



An Act increasing the time for notice in actions C/iap. 241 

AGAINST ABUTTING OWNERS FOR DEFECTIVE CONDITION OF 
THEIR PREMISES OR OF ADJOINING WAYS, WHEN CAUSED 
BY SNOW OR ICE. 

Be it enacted, etc., a^ follows: 

Chapter eighty-four of the General Laws is hereby amended ^^d^d.^ ^** 
by striking out section twenty-one and inserting in place 
thereof the following: — Section 21. The three preceding Notice in 
sections, so far as they relate to notices of injuries resulting ^uttingownlrs 
from snow or ice, shall apply to actions against persons ^ndft^n'of 
founded upon the defective condition of their premises, or of orof ISF^ni^g 
adioining wavs, when caused by or consisting in part of snow ways, when 

•". ^ '•11 1 ••!• !•! j> 1 caused by snow 

or ice; provided, that notice within thirty days after the or ice. 
injury shall be sufficient, and that if by reason of physical or ^^°'^^^- 
mental incapacity it is impossible for the injured person to 
give the notice within thirty days after the injury, he may 
give it within thirty days after such incapacity has been re- 
moved, and in case of his death without having been for 
thirty days at any time after his injury of sufficient capacity 
to give the notice, his executor or administrator may give 
the notice within thirty days after his appointment. Such 
notice may be given by lea\'ing it with the occupant of said 
premises, or, if there is no occupant, by posting it in a con- 
spicuous place thereon, and no such notice shall be invalid by 
reason of any inaccuracy or misstatement in respect to the 
owner's name if it appears that such error was made in good 
faith and did not prevent or unreasonably delay the owner 
from recei^'ing actual notice of the injury and of the con- 
tention that it occurred from the defective condition of his 
premises or of a way adjoining the same. 

Approved April 5, 1922. 

An Act relative to the naming of third parties in (7/ia».242 

PROCEEDINGS FOR SEPARATE SUPPORT. 

Be it enacted, etc., as follows: 

Chapter two hundred and nine of the General Laws is g. l. 209, new 
hereby amended by inserting after section thirty-two the fl^°^^ ^^^"^ 
folloAnng new sections: — Section 32 A. If, in any proceed- Naming of 
ings under section thirty-two, adultery or any other specific prJLedtngffOT 
criminal act with a third person is alleged in the petition, ^rt!^**^^""^ 
answer, or in any bill of particulars or specifications, or if 



266 



Acts, 1922. — Chap. 243. 



Ex parte 
hearings. 



Evidence pro- 
duced at ex 
parte hearings 
not to be re- 
ported, etc. 



Persons named 
may appear 
and defend, 
etc. 



any allegations are made in such pleadings which would be 
derogatory to the character or reputation of a third person, 
if named therein, the pleadings shall not contain the name 
of such third person. The party making such allegations 
may, at any time after filing the pleadings containing the 
same, upon an ex parte hearing before a judge of the court 
in which the proceedings are pending, obtain permission to 
amend such pleadings by inserting the name of the person 
concerning whom the allegations are made, if the judge 
finds probable cause has been shown that such allegations are 
true; and thereupon the pleadings may be amended accord- 
ingly and notice of said amendment shall be sent to all 
parties interested. Section 32B. The evidence produced at 
such ex parte hearing shall not be reported or made a part of 
the record in the case, and the motion for said amendment 
shall not be read in open court during the proceedings, but 
the register shall make an entry in the docket of " Motion to 
insert name of third person allowed", or "Motion to insert 
name of third person denied", as the case may be. If the 
amendment is allowed upon afiidavits, they shall be retained 
by the court and placed in the custody of the register, and 
shall be open for the purposes of inspection and taking copies 
thereof to counsel of record, the parties or the third person 
named in the amendment. Section 32C. Any person Avhose 
name has been inserted in the pleadings by amendment in 
accordance with the two preceding sections may appear in 
person or by attorney and defend himself against the allega- 
tions contained in such pleadings. 

Approved April 5, 1922. 



Chap.24S An Act rel.\tive to the powers of the children's aid 

ASSOCIATION OF Ii\MPSHIRE COUNTY. 



Powers of the 
Children's Aid 
Association of 
Hampshire 
County. 



Be it enacted, etc., as follows: 

The Children's x\id Association of Hampshire County, a 
corporation organized under chapter one hundred and twenty- 
five of the Revised Laws, may be appointed guardian of any 
minor child in its care, with the same powers and duties as 
are prescribed for guardians of minor childi'en by chapter 
two hundred and one of the General Laws. 

Approved April 5, 1922. 



Acts, 1922. — Chaps. 244, 245. 267 



An Act authorizing the town of whately to borrow Chap. 24:4: 

MONEY FOR SCHOOL PURPOSES. 

Be it enacted, etc., as folloivs: 

Section 1. For the purpose of constructing additions Town of 
to the school house in the easterly section of the town of borrot^money 
Whately, the said town may, from time to time, borrow such pur^'^es! 
smns as may be necessary, not exceeding in the aggregate 
sixteen thousand dollars, and may issue bonds or notes 
therefor, which shall bear on their face the words, Whately whateiy School 
School Loan, Act of 1922. Each authorized issue shall consti- 1922"' '^"'^ 
tute a separate loan. Indebtedness incm*red under this act 
shall be in excess of the statutory limit, but shall, except as 
herein pro\'ided, be subject to chapter forty-four of the 
General Laws. 

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

Approved April 6, 1922. 



An Act authorizing the boston and maine railroad pf^Q^^ 245 

TO ACQUIRE the FRANCHISES AND PROPERTY OF CERTAIN 
RAILRO.U) CORPORATIONS. 

Whereas, The deferred operation of this act would defeat Emergency 
its purpose to provide with the least possible delay for certain ^'^^"^ 
economies in railroad transportation, 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 Boston and Maine Railroad is hereby Boston and 

, 1 . , P • J . , . , , ,, Maine Railroad 

authorized, irom tnne to time, to acquire by transfer or may acquire the 
merger the whole or any part of the property and franchises prop^erty 0^° 
of any or all of the follo^\^ng subsidiary corporations, whether corpomtionT'^ 
their roads are in or outside of the commonwealth, to wit: 
the Nashua & Acton Railroad, organized under the laws of 
Massachusetts and New Hampshire, and the Vermont Valley 
Railroad, organized under the laws of Vermont, the entire 
capital stock of each of which is owned by the Boston and 
Maine Railroad; The Sullivan County Railroad, organized 
under the laws of New Hampsliire, all the capital stock of 
which is OAvned by the Vermont Valley Railroad; the Barre 
& Chelsea Railroad Company and Montpelier & Wells 
River Railroad, both organized under the laws of Vermont, 



268 Acts, 1922. — Chap. 245. 

substantially the entire capital stock of each of which is 
owned by the Vermont Valley Railroad; the York Harbor 
& Beach Railroad Company, organized under the laws of 
Maine, and The St. Johnsbury & Lake Champlain Railroad 
Company, organized under the laws of Vermont, a majority 
of the capital stock of each of which is owned by the Boston 
and Maine Railroad; and said subsidiary corporations are 
hereby authorized to transfer and convey or merge the whole 
or any part of their properties and franchises, subject to 
existing debts and obligations, to or with the Boston and 
TeiTOs. Maine Railroad; on such terms, however, as may be agreed 

to by the respective boards of directors of the acquiring and 
transferring corporations and approved at meetings called 
for the purpose, by a majority in interest of the stockholders 
of the acquiring corporation and by a majority in interest 
of the stockholders, including said Boston and Maine Rail- 
road, of the transferring corporation, and also approved by 
the department of public utilities as consistent with the 
Copies of agree- pubHc interest. A copy of each agreement of transfer and 
filed in office of couveyaucc or merger, certified bv the clerk of the Boston 
state secretary. ^^^ ^^j^^ Railroad, shall bc filed in the oflice of the state 
secretary, and no agreement shall become effective until 
such copy shall have been so filed. 
^°M "^bHgS' Section 2. In case the Boston and Maine Railroad shall, 
tiSns', etc., of under authority of this act, acquire bv transfer or merger the 

Boston and "i . „ ^ p^-i i-t 

Maine Railroad property and iranchises or any or said subsidiary corpora- 
pro^rty and"^ tious, it shall havc the powers and pri\aleges and shall become 
franchises, etc. g^bjcct to and be held to pay all of the debts and to perform 
all of the duties and obligations of the said subsidiary cor- 
poration so acquired; and the Boston and Maine Railroad 
may, subject to the provisions of the general law and with 
the approval of the department of public utilities, issue addi- 
tional stock or bonds, or both stock and bonds, to pro\'ide 
means for pa\ing for permanent additions to or improve- 
ments upon property of any of said subsidiary corporations 
made prior to said transfer and conveyance or merger, for 
which said Boston and Maine Railroad shall not have issued 
stock or bonds and shall not have been reimbursed in cash 
by said subsidiary corporation. 
Boston and SECTION 3. The Bostou and Maine Railroad is hereby 

Maine Railroad i-ipi p p -^• • i j> i 

may purchase authorizcd lor tlic purposc or racilitating the transfer and 

stock, bonds, , . • i i e , i 

etc. conveyance or merger herein pro\ided tor, to purchase any 

outstanding stock, bonds or other securities not already 
owned by it, of any of said subsidiary corporations^ or to 



Acts, 1922. — Chap. 245. 269 

exchange its own stock for stock of any of said subsidiary 
corporations, share for share, where the par vahie is the same, 
and one share for two where the par \ahie is respectively one 
hundred dollars and fifty dollars, and for such purchase or 
exchange or for settlement Anth any non-assenting stock- 
holder, it may issue additional common stock or bonds, May issue addi- 
subject to the pro\'isions ,of the general law and with the sl^k^oTbonds. 
approval of the department of public utilities. 

Section 4. In case of any transfer and conveyance or stockholders 
merger under the pro\-isions of this act, every stockholder of cor^ratfons"^ 
the transferring corporation shall be deemed to assent to the ?o ^sent'^to'"^ 
terms of the transfer and conveyance or merger unless at the f|™et^^ unLts 
meeting called to consider such transfer and conveyance or ^^■ 
merger such stockholder votes against such transfer and 
con\'eyance or merger and unless within thirty days after the 
date of the ^'ote for such transfer and conveyance or merger 
he shall file Anth the clerk of the board of directors of such 
corporation a writing declaring his vote against and dissent 
from such terms and stating the number of shares held by 
him and the number or numbers of the certificate or certifi- 
cates evidencing the same; provided, however, that as against Proviso, 
any stockholder who is under legal incapacity to act for him- 
self and ha\ang no legal guardian, such original dissenting 
vote shall not be required and said period of thirty days shall 
not begin to run until the removal of such incapacity by ap- 
pointment of a legal guardian or otherwise. Within sixty Dissenting 
days, but not thereafter, after the fifing of his dissent from may petition 
the terms of such transfer and conveyance or merger, such cii^at'^ourt' 
dissenting stockholder, or at its option, such acquiring or countffor 
merging corporation, may file a petition in the supreme of vXl"o/'°° 
judicial court for the county of Suffolk, setting forth the their shares. 
material facts and asking that the value of his shares may 
be determined. Failure of such dissenting stockholder to file 
such petition within said period of sixty days shall be taken 
as conclusive e\'idence of his assent to such vote; pro\ided; P^viso. 
however, that any dissenting stockholder who, during said 
period of sixty days, is legally incapacitated from acting for 
himself and has no legal representative may file such petition 
within sixty days after the removal of such incapacity by 
the appointment of a legal representative or otherwise. Upon 
the filing of such petition and upon such notice to all parties 
concerned as the court may deem proper, the court shall pass 
an order requiring the certificate or certificates evidencing 
such shares, duly endorsed, to be deposited with the clerk of 



270 



Acts, 1922. —Chap. 246. 



Acquiring or 
merging corpo- 
ration to pay 
money due to 
stockholders, 
etc. 



Boston and 
Maine Railroad 
may acquire 
leasehold in- 
terest in The 
St. Johnsbury 
& Lake Cham- 
plain Railroad 
Company. 



the court and shall appoint a commissioner to ascertain and 
report the value of the shares. Report shall be made to the 
court as soon as is practicable and, after due notice to the 
parties in interest, shall be confirmed by the court unless 
some error of law be made to appear upon the face of the 
report, in which event it shall be recommitted to the com- 
missioner with such order as the court may make, or unless 
either of the parties to said proceedings shall claim a trial by 
jury, in which latter event the court shall order the question 
of the value of the shares to be tried and determined as 
speedily as may be in the superior court in the same manner 
in which other cases are tried in that court. 

The acquiring or merging corporation shall be liable for 
and shall pay all sums due and payable to all holders of shares 
in the proceedings aforesaid, including such interest, cost and 
expenses as the court may order and shall hkewise furnish 
such security for the said payment as the court may order. 
Upon payment or tender or deposit uith the clerk of the 
court of the value of such shares fixed as aforesaid, such shares 
and the certificate or certificates thereof, shall become the 
property of and be delivered to the acquiring or merging 
corporation, whose right and title to receive the same and to 
hold possession thereof may be enforced by the court by any 
appropriate process. 

Section 5. In place of acquiring by transfer or merger 
the property and franchises of The St. Johnsbury & Lake 
Champlain Railroad Company, the Boston and Maine Rail- 
road may acquire by contract with said The St. Johnsbury 
& Lake Champlain Railroad Company a leasehold interest 
in the whole or any part of its road, subject to the provisions 
of the general law and with the approval of the department 
of public utilities. Approved April 6, 1922. 



Chap.24iQ An Act authorizing the town of w^are to incur 

INDEBTEDNESS FOR SCHOOLHOUSE PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of building a school building 
or additions to school buildings in the town of Ware and for 
the purchase of furnishings and original equipment for said 
buildings or additions, the town of Ware may borrow from 
time to time such sums as may be necessary, not exceeding 
in the aggregate seventy-fi\'e thousand dollars, and may 
issue notes therefor, which shall bear on their face the words, 



Town of Ware 
may borrow 
money for 
schoolhouse 
purposes. 



Acts, 1922. — Chaps. 247, 248. 271 

Ware School Loan, Act of 1922. Each authorized issue shall ^^^e School^ 
constitute a separate loan. Indebtedness incurred under this 1922. ' 
act shall be in excess of the statutory hmit, but shall except 
as herein pro\'ide(l, be subject to chapter forty-four of the 
General Laws. 
Section 2. This act shall take effect upon its passage. 

Approved April 6, 1922. 



Chap.2^7 



An Act authorizing the city of medford to incur 
indebtedness for school purposes. 

Be it enacted, etc., as follows: 

Section 1. The city of Medford, for the purpose of ac- city of Medford 
quiring land for a high school and of constructing and equip- dehtJdnesVfor 
ping the same, may incur indebtedness, in addition to the ^^^ p""" 
amount provided in chapter forty-five of the Special Acts of 
nineteen hundred and nineteen, to the further amount of 
two hmidred thousand dollars outside the statutory limit. 
Bonds or notes may be issued therefor and shall bear on their 
face the words, Medford High School Loan, Act of 1922. Sc^i'Lo^lf^ 
Each authorized issue shall constitute a separate loan. In- Act of 1922. ' 
debtedness incmred under this act shall, except as herein 
pro\'ided, be subject to chapter forty-four of the General 
Laws. 

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

Approved April 6, 1922. 

An Act authorizing the city of newburyport to Cfiar) 248 

BORROW MONEY FOR HIGHWAY PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of constructing and im- city of New- 
pro\'ing highways in the city of Newbur;^T)ort, the said city ^rr^m^ey 
may from time to time borrow^ such sums as may be necessary, p^.^SST''^ 
not exceeding, in the aggregate, one hundred thousand dol- 
lars, and may issue bonds or notes therefor, which shall bear 
on their face the words, Newburj'port Highway Loan, Act of H^h^a^^L^an 
1922. Each authorized issue shall constitute a separate loan, Act of 1922. 
and such loans shall be payable within five years from their 
dates. Indebtedness incurred under this act shall be in excess 
of the statutory limit, but shall, except as provided herein, 
be subject to chapter forty-four of the General Laws. 

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

Approved April 6, 1922. 



272 



Acts, 1922. —Chaps. 249, 250, 251. 



Town of 
Seekonk may 
borrow money 
for school 
purposes. 



Seekonk 
School Loan, 
Act of 1922. 



Chap.2'i9 An Act authorizing the town of seekonk to borrow 

MONEY FOR SCHOOL PURPOSES. 

Be it enacted, etc., as foUoivs: 

Section 1. Fpr the purpose of constructing a high school 
building and for the purchase of original equipment and 
furnishings for said building, the town of Seekonk may borrow 
such sums as may be necessary, not exceeding, in the aggre- 
gate, fifty thousand dollars, and may issue bonds or notes 
therefor, which shall bear on their face the words, Seekonk 
School Loan, Act of 1922. Each authorized issue shall consti- 
tute a separate loan. Indebtedness incurred under this act 
shall be in excess of the statutory limit, but shall, except as 
herein provided, be subject to chapter forty-four of the Gen- 
eral Laws. 

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

Approved April 6, 1922. 

Chap.250 An x\ct providing that the financial budgets of 
cities shall include provision for the salaries of 
officials. 

Be it enacted, etc., as follows: 

Chapter forty-four of the General Laws is hereby amended 

by inserting after section thirty-three the follo\\nng new 

section: — Section 33 A, The budget shall include sums 

sha1f!nch!de''^^ sufficieut to pay the salaries of officials fixed by law or by 

LTal^^iirof^^"^ ordinance, but no new position shall be created or increase 

officials. in rate made during the financial year subsequent to the 

submission of the annual budget, miless pro\'ision therefor is 

made by means of a supplemental budget. 

Approved April 6, 1922. 

Chap.251 An Act authorizing county commissioners to issue 

PARTIAL DECREES ON CERTAIN PETITIONS RELATIVE TO 
HIGHWAYS. 

Be it enacted, etc., as folloivs: 

Section 1. Section five of chapter eighty-two of the 
General Laws is hereby amended by adding at the end thereof 
the followang: — The commissioners may adjudicate and 
decree in respect to a portion of a way described in a petition 



G. L. 44, new 

section after 
§33. 

Financial 



G. L. 82. § 5, 
amended. 



County com- 
missioners may 
issue partial 

tiOTTreradw^to pciidiug bcforc them, leaving the petition open pending a 
hlglTways*' ^^^ ' fuTthcr or final adjudication and decree in respect to a further 



Acts, 1922. — Chaps. 252, 253. 273 

portion of said -way or a final adjudication and decree as to 
the remainder of such way. 

Section 2. Section eleven of said chapter eighty-two is g. l. 82, § n, 
hereby amended by adding at the end thereof the following: 

— The commissioners may adjudicate and decree in respect County com- 

n , ., , . . . .. , » missioners may 

to a portion oi a way described m a petition pending before issue partial 
them, leaving the petition open pending a further or final tio^nTreiTti^^to 
adjudication and decree in respect to a further portion of highway^.' ^'^*'" 
said way or a final adjudication and decree as to the re- 
mainder of such way. Approved April 6, 1922. 

An Act relative to the operation of portable saw- Chap. 252 

MILLS. 

Be it enacted, etc., as follows: 

Chapter forty-eight of the General Laws is hereby amended ^t^^n ^'ftlr^ 
by inserting after section twenty the following new section: §20. 

— Section 20 A. No person shall engage in any lumbering operation of 
operations which involve the cutting of more than ten thou- m°iL^reluiTted, 
sand feet, other than the cutting of cord wood, unless he has *'^*'" 

filed with the forester a statement giving the location and 
approximate size of the lot of land from which w'ood is to be 
cut and the approximate date when such operations are to 
be commenced. Any person, before operating any portable 
sawmill, shall notify the forester of the place of such intended 
operation and shall clear away and dispose of all slash and 
brush within seventy-fi\'e feet thereof. Violation of any Penalty. 
pro\asion of this section shall be punished by a fine of not 
less than five nor more than one hundred dollars. 

Approved April 6, 1922. 

An Act providing penalties for violation of the Chap.253 

LAW'S relative TO MUNICIPAL FINANCE. 

Be it enacted, etc., as follows: 

Chapter forty-four of the General Laws is hereby amended Jetton I'fter'' 
by adding at the end thereof the following new section: — §6i. 
Section 62. Any city, town or district officer who knowingly Penalties for 
\'iolates, or authorizes or directs any official or employee to laws relative to 
violate, any provision of this chapter shall be punished by Sian^f^ 
a fine of not more than one hundred dollars; and the mayor, 
selectmen, prudential committee, or commissioners, shall, 
and five taxpayers may, report such violation to the district 
attorney who shall investigate and prosecute the same. 

Approved April 6, 1922. 



274 Acts, 1922. — Chaps. 254, 255. 

Chap.254 An Act authorizing the city of boston to pay a sum 

OF MONEY TO THE FATHER OF ROBERT L. SHEEHAN. 

Be it enacted, etc., as follows: 

maypliJ'sum" SectionI. The city of Boston may pay r sum of moncy 

°ither"of*° ^^^ exceeding four thousand dollars to Michael Sheehan, 

Robert L. father of Robert L. Sheehan who was accidentally shot by a 

member of the state guard on September tenth, nineteen 

hundred and nineteen, during the riots in Boston, and died 

in consequence. Said sum shall be paid in such weekly or 

monthly instalments as the city council may determine and 

shall not be subject to assignment or attachment. Should 

any part of said sum remain unpaid at the decease of the 

said Sheehan, the same may be paid in the same manner and 

subject to the same conditions to his widow during her life. 

mutSi^to city Section 2. This act shall take effect upon its acceptance 

council, etc. by votc of the city council of said city, subject to the pro- 

Proviso. visions of its charter; pro\ided, that such acceptance occurs 

prior to December thirty-first in the current year. 

Approved April 6, 1922. 

Chap.255 An Act authorizing the city of Worcester to incur 

INDEBTEDNESS FOR WATER SUPPLY PURPOSES. 

Be it enacted, etc., as follows: 
City of Section 1. For the purpose of increasing its water 

VVorcGstcr mav 

incur indebted- supply aud impro\ing and enlarging its water distribution 
si^pi^pur- "^ facilities, the city of Worcester may borrow, from time to 
'^^^^^ time, such sums as may be necessary, not exceeding, in the 

aggregate, five hundred thousand dollars, in addition to 
amounts previously authorized, and may issue bonds or 
notes therefor, which shall bear on their face the words, 
KnfActof*^' Worcester Water Loan, Act of 1922. Each authorized issue 
1922. shall constitute a separate loan, and such loans shall be 

payable in not more than twenty years from their dates. In- 
debtedness incurred under this act shall be in excess of the 
statutory limit, but shall, except as herein provided, be sub- 
ject to chapter forty-four of the General Laws. 
Parent of SECTION 2. The said city shall, at the time of authorizing 

said loan or loans, provide for the payment thereof in ac- 
cordance with section one of this act; and when a vote to 
that effect has been passed, a sum which, with the income 
derived from water rates, will be sufficient to pay the annual 



Acts, 1922. — Chaps. 256, 257. 275 

ex^)ense of operating its water works and the interest as it 
accrues on the bonds or notes issued as aforesaid by the city 
and to make such payments on the principal as may be re- 
quired under the provisions of this act, shall, without further 
vote, be assessed by the assessors of the city annually there- 
after, in the same manner as other taxes, until the debt in- 
curred by said loan or loans is extinguished. 

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

Approved April S, 1922. 



An Act relative to fees for examination and audit Q^kij) 256 
of co-operative banks. 

Be it enacted, etc., as follows: 

Section forty-seven of chapter one hundred and seventy g. l. i7o, § 47, 
of the General Laws is hereby amended by striking out, in 
the fourth line, the word "ten" and inserting in place thereof 
the word: — fifteen, — so as to read as follows: — Section A7 . ^^ f°r ^^- , 

' . . , ,. amination and 

To defray in part the expense of the examination and audit audit of co- 
proxided for by the preceding section, every such corporation banks. 
so examined and audited shall, upon notice from the com- 
missioner, pay to him a fee of fifteen cents for each one thou- 
sand dollars of assets as showm by the statement of condition 
of the bank at the date of the examination and audit. 

Approved April 8, 1922. 



amended. 



An Act relative to the times for holding sessions of Chap. 257 

THE PROBATE COURT WITHIN AND FOR THE COUNTY OF 
DUKES COUNTY. 

Be it enacted, etc., as folloivs: 

etc., amended. 



Section sixty-two of chapter two hundred and fifteen of g. l. 215 § 62, 
the General Laws, as amended by chapter forty-one of the 
acts of the present year, is hereby further amended by striking 
out the paragraph contained in lines twenty-one to twenty- 
four, inclusive, and inserting in place thereof the following: 
— Dukes, at Edgarto^\^l, the third Tuesdays of January and Times for hoid- 
July, and the first Tuesdays of March and December; at probate court 
Vineyard Haven, the third Tuesday of April and the first TJunty of 
Tuesday of September; at West Tisbury, the first Tuesday oukea County. 
of June and the third Tuesday of October. 

Approved April 8, 1922. 



276 



Acts, 1922. — Chap. 258. 



G. L. 168, 
amended. 



§ 14, 



Election of 
officers of 
savings banks. 



Chap. 258 An Act providing for the election of trustees of 

SAVINGS BANKS IN GROUPS. 

Be it enacted, etc., as follows: 

Section 1. Section fourteen of chapter one hundred and 
sixty-eight of the General Laws is hereby amended by in- 
serting after the word "may" in the seventh line the follow- 
ing: — , except as otherwise pro\aded, — so as to read as fol- 
lows: — Section I4. The officers of such corporation, except 
the board of investment, treasurer, vice treasurer and assist- 
ant treasurer, shall be elected at its annual meeting, anything 
in its charter to the contrary notwithstanding. The board 
of investment, treasurer, vice treasurer and assistant treas- 
urer shall be elected by the trustees and shall hold office 
during their pleasure. If any office becomes vacant during 
the year, the trustees may, except as other\nse pro\aded, 
elect a person to fill it until the next annual meeting; and if 
a person elected does not, within thirty days thereafter, take 
the oath, his office shall thereupon become vacant. The 
clerk of the corporation shall, within ten days after the 
meeting, notify all persons elected to office; and within thirty 
days thereafter shall publish in a newspaper published in 
the county where the corporation is established a list of all 
persons who have taken the oath of office to which they 
were elected and a list of the members of the corporation. 
Said lists shall be included in the annual report of the corpo- 
ration to the commissioner, and shall be kept on file in his 
office for inspection by the public. A clerk who neglects to 
give such notice or make such publication, or who makes a 
false publication, and a person who knowingly publishes or 
circulates, or knowingly causes to be published or circulated, 
a printed notice containing the name of a person as an officer 
of such corporation who has not taken the oath of office, shall 
be liable to a penalty of fifty dollars. The clerk shall transmit 
to the commissioner a copy of all by-laws adopted and all 
amendments thereof. Upon the election as trustee of any 
such bank of a person who has not been theretofore a trustee 
thereof, the clerk shall send forthwith to the commissioner 
the name and address of such person, and the commissioner 
shall thereupon transmit to such person a copy of the laws 
relating to savings banks. 

Section 2. Said chapter one hundred and sixty-eight is 
hereby further amended by inserting after section fourteen 



Penalty. 



Duties of the 
clerk. 



G. L. 168, new 
section after 
i 14. 



Acts, 1922. —Chap. 259. 277 

the following new section: — Section 14^^- The trustees Election of 
provided for by the by-laws of any such corporation shall be savin&s^ banks 
diN-ided into three groups, as nearly equal in number as '"^''""p^- 
possible, and at the first annual meeting of such corporation 
after its incorporation, one of such groups shall be elected for 
one year, one for two years and one for three years, and there- 
after at each annual meeting of such corporation, successors 
of the retiring group shall be elected for three years. A 
vacancy may be filled by election by the trustees for the un- 
expired term. 

Section 3. Every existing savings bank and institution Existing savinga 
for savings shall divide its trustees into groups in the manner dfvido't\eir ° 
provided by the preceding section, and at the first annual grou^fete* 
meeting of such corporation held after this act takes effect, 
shall elect such groups in the manner and for the terms pro- 
vided by said section, and thereafter at each annual meeting 
of such corporation, successors of the retiring group shall be 
elected for three years and vacancies shall be filled as pro- 
vided in section two. Approved April 8, 1922. 



An Act extending the authority of the department Chap. 259 
of public utilities to summon witnesses and take 
testimony. 

Be it enacted, etc., as follows: 

Section 1. Chapter twenty-five of the General Laws is g. l. 25, new 
hereby amended by inserting after section five the following f^^^°^ ^^^®'' 
new section: — Section 5 A. In all investigations and in- Department of 
quiries authorized by law to be made by the department and may'summoT 
in all proceedings before it, any commissioner of the depart- ^gttaony,^'**'* 
ment may summon witnesses, administer oaths and take ^^■ 
testimony. The fees of such witnesses for attendance and 
travel shall be the same as for witnesses before the superior 
court and shall be paid by the commonwealth upon the 
certificate of the department filed with the state auditor. 
The fees of such witnesses need not be paid or tendered to 
them prior to their attendance and testimony. 

Section 2. Section thirteen of chapter one hundred and j^fg^e^^^lnd 
ten A of the General Laws, which was inserted by chapter g. L 159, § 42, 
four hundred and ninety-nine of the acts of nineteen hundred 
and twenty-one, and section forty-two of chapter one hun- 
dred and fifty-nine of the General Laws are hereby repealed. 

Approved April 8, 1922. 



278 



Acts, 1922. — Chap. 260. 



1920,552, §1, 
amended. 



Assessors to 
certify to 
commissioner 
of corporations 
and taxation 
certain abate- 
ments of poll 
taxes. 



Chap. 260 An Act relative to abatements of poll t.\xes for 

CERTAIN veterans. 

Be it enacted, etc., as follows: 

Section one of chapter five hundred and fifty-two of the 
acts of nineteen hundred and twenty is hereby amended by 
inserting after the word "nineteen", the second time it occurs 
in the twentieth Hue, the words : — ; chapter six hundred 
and eight of the acts of nineteen hundred and twenty, — 
so as to read as follows : — Section 1 . The assessors in cities 
and towns may, from time to time, certify under oath to the 
commissioner of corporations and taxation, in such form and 
detail as may be required by him, abatements of poll taxes 
of the years nineteen hundred and twenty, nineteen hundred 
and twenty-one, nineteen hundred and twenty-two and nine- 
teen hundred and twenty-three made by them on the ground 
that the same were illegally assessed, or abatements made 
pursuant to any of the following named provisions of law : — 
The tenth clause of section five of Part I of chapter four hun- 
dred and ninety of the acts of nineteen hundred and nine; 
the fourteenth clause of the said section five as amended by 
chapter three hundred and thirty-three of the acts of nine- 
teen hundred and ten, and by section three of chapter one 
hundred and forty-four of the General Acts of nineteen 
hundred and sixteen; chapter forty-nine of the General Acts 
of nineteen hundred and eighteen, as amended by chapter 
nine of the General Acts of nineteen hundred and nine- 
teen; section nine of chapter two hundred and eighty- 
three of the General Acts of nineteen hundred and nineteen; 
chapter six hundred and eight of the acts of nineteen hundred 
and twenty: provided, that written application has been made 
to the assessors for abatement, stating the grounds on which 
the same is applied for, or that such other proof has been 
obtained by the assessors as the said commissioner approves; 
and provided, further, that said abatements are first entered, 
in accordance with the proA-isions of chapter five hundred 
and seventeen of the acts of nineteen hundred and nine, in 
a record of abatements kept by the assessors, showing the 
cause or reason for the abatement. The certificate shall state 
the number of poll taxes and the amount of the abatements 
made on the ground of illegal assessment, and also the number 
of poll taxes and the amount of abatements made under each 
of the statutory pro^'isions above mentioned. 

Approved April S, 1022. 



Provisos. 



What certifi- 
cate shall 
state. 



Acts, 1922. — Chaps. 261, 262. 279 

An Act excluding war pensions in computing the (jfidj) 261 

INCOME OF certain INCAPACITATED VETERANS FOR PUR- 
POSES OF RETIREMENT. 

Be a enacted, etc., a^i follows: 

Section fifty-six of chapter thirty-two of the General Laws g. l. 32, § 56. 
is hereby amended by inserting after the word "allowance", ^"''^^ ^ 
in the fifteenth line, the words : — and of any sum received 
from the government of the United States as a pension for 
war ser\'ice, — so as to read as follows: — Sectio)i 56. A Retirement of 

, , 1 • 1 • p certain veterans 

person who has served ni the army, na^'y or marme corps or in pubUc 
the United States in the Spanish war or Philippine insurrec- ^^'"^"'^" 
tion between April twenty-first, eighteen hmidred and ninety- 
eight, and July fourth, nineteen hundred and two, or in the 
world war between April sixth, nineteen hundred and seven- 
teen, and November eleventh, nineteen hundred and eighteen, 
and has been honorably discharged from such service or re- 
leased from active duty therein, in sections fifty-six to sixty, 
inclusive, called a veteran, who is in the service of the com- 
monwealth, or of any county, city, town or district thereof, 
shall be retired with the consent of the retiring authority, if 
incapacitated for active ser\'ice, at one half the regular rate 
of compensation paid to him at the time of retirement, and 
payable from the same source; provided, that he has been Proviso, 
in the said service at least ten years, has reached the age of 
fifty, and has a total income from all sources, exclusive of 
such retirement allowance and of any sum received from the Exclusion of 
government of the United States as a pension for war service, TOm,^t?ng'in-'" 
not exceeding five hundred dollars. come, etc. 

Approved April 8, 1922, 

An Act vesting in the division of waterways and ChaV'2^'2, 

PUBLIC LANDS AUTHORITY TO LICENSE CERTAIN STRUC- 
TURES IN A PART OF THE WESTFIELD RIVER. 

Be it enacted, etc., as follows: 

Section 1. Chapter ninety-one of the General Laws is g. l. 9i,§i2, 
hereby amended by striking out section twelve and inserting »™®'»'^^'^- 
in place thereof the following: — Section 12. The division Division of 
may license and prescribe the terms for the construction or publi^^hTnds"*^ 
extension of a dam, road, bridge, or other structure, or the ^^^iJi^^"^^ 
filling of land, the driving of piles, or the making of excava- tures in Con- 

. 01^ ^ p necticut West- 

tions, m, over, or upon the waters below high water mark of field and 
the Connecticut river or of that part of the Westfield river, ilvZT^^ 



280 Acts, 1922. — Chap. 263. 

in the towns of West Springfield and Agawam, l^nng between 
the confluence of said river with the Connecticut river and 
the bridge across said river at Suffield street in the said toAMi 
of Agawam, and in, over and upon the waters of the non-tidal 
part of the Merrimack river below high water mark; and 
the provisions of this chapter shall apply to all such licenses. 
Every erection made, and all work done on or within the 
banks of the Connecticut river, of said part of the Westfield 
river or of said part of the Merrimack river, below high water 
mark, not authorized by the general com-t or by the dixision, 
or made or done in a manner not sanctioned by the di\asion, 
without a license as hereinbefore pro\ided, shall be considered 
a public nuisance. The attorney general and the district 
attorneys within their respective districts shall, at the request 
of the division, institute proceedings to enjoin or abate any 
such nuisance. This section and any such license shall not 
impair the legal rights or remedies of any person. 
constSrd. Section 2. Nothing in this act shall be construed to 

abridge any rights or pri%'ileges possessed by any municipality 
in or along that part of the Westfield river described in section 
one, with respect to the maintenance of any existing sewer 
outlet in said river; but the rebuilding or extension of any 
existing sewer outlet or the construction of any new sewer 
outlet in said part of said river shall be in accordance mth. 
plans approved by the division of waterways and pubHc lands 
of the department of pubUc works. 

Approved April 8, 1922. 

Chap. 263 An Act relative to the time in which a trust com- 
pany SHALL ORGANIZE AND COMMENCE BUSINESS. 

Be it enacted, etc., as follows: 

Sn^nded.'*^' Section 1, Scctiou fivc of chapter one hundred and 
seventy-two of the General Laws is hereby amended by 
striking out, in the second line, the words "two years" and 
inserting in place thereof the words: — six months, — and 
by adding at the end thereof the following: — , and no trust 
company shall resume business under a charter which is out- 
standing and inactive on July first, nineteen hundred and 
twent>'-two, except upon the written approval of the board 

Trust com- of bank incorporation, — so as to read as follows: — Section 

panics to or- _, in • i i* 

ganizeand 5. A trust compauy shall organize and commence business 
"^^^vitKxn '""" within six months from the date of its incorporation, other- 
fronTdateof wisc its chartcr shall become void, and no trust company 



Acts, 1922. — Chap. 264. 281 

shall resume business under a charter which is outstanding incorporation, 
and inactive on July first, nineteen hundred and twenty-two, 
except upon the written approval of the board of bank in- 
corporation. 

Section 2. Section ten of said chapter one hundred and ^- ^■}'^?' 5 lo. 

1 , 111 •! • • 1 • amended. 

seventy-two is hereby amended by strikmg out, m the six- 
teenth line, the word "Thereupon", and inserting after the 
word "filed" in the seventeenth line the words: — within 
thirty days thereafter, — so that the last sentence of the 
paragraph contained in lines nine to twenty-one, inclusive, 
will read as follows : — The articles shall be filed within thirty Trust com- 
days thereafter in the office of the state secretary, who, upon Irti^L of or^- 
paXTnent of a fee equal to one twentieth of one per cent of ffite s^retaTy,^ 
the capital stock of said corporation as set forth in said ®*^- 
articles, shall cause the same, with the endorsement thereon, 
to be recorded, and shall thereupon issue a certificate of 
incorporation in the following form:. 

Approved April 8, 1922. 

An Act to prohibit a trust company from making Qjidj) 264 

LOANS on shares OF ITS CAPITAL STOCK, DIRECTLY OR 
INDIRECTLY. 

Be it enacted, etc., as follows: 

Section thirty-nine of chapter one hundred and seventy-two g. l. 172, § 39, 
of the General Laws is hereby amended by inserting after the ^"^®'^'*®*^- 
word "shall" in the first line the words: — directly or in- 
directly, — by inserting after the word "purchase" in the 
fifth and sixth lines the words: — or acquisition, — and by 
adding at the end thereof the following : — The treasurer of 
any such corporation, or any other officer or employee 
thereof, who knowingly \iolates any provision of this section 
shall be punished by a fine of not more than one thousand 
dollars or by imprisonment for not more than one year, or 
both, — so as to read as follows : — Section 39. No such Trust com- 
corporation shall directly or indirectly make a loan or dis- make loans on 
count on the security of the shares of its own capital stock, capitei°st^k, 
nor be the purchaser or holder of such shares, unless such ®**^' 
security or purchase shall be necessary to prevent loss upon 
a debt pre\iously contracted in good faith ; and stock so pur- 
chased or acquired shall, \\'ithin six months after its purchase 
or acquisition, be sold or disposed of at public or private sale. 
The treasurer of any such corporation, or any other officer Penalty. 
or employee thereof, who knowingly \aolates any pro\ision of 



282 



Acts, 1922. — Chap. 265. 



this section shall be punished by a fine of not more than one 
thousand dollars or by imprisonment for not more than one 
year, or both. Approved April 8, 1922. 



G. L. 168, § 24, 
amended. 



Bonding of 
officers and 
employees of 
savings banks. 



Penalty. 



Chap.2Q5 An Act relative to the bonding of officers and em- 
ployees OF savings banks and trust comp.vnies. 

Be it enacted, etc., as follows: 

Section 1. Chapter one hundred and sixty-eight of the 
General Laws is hereby amended by striking out section 
twenty-four and inserting in place thereof the following : — 
Section 24- Every treasiu-er, vice treasurer and assistant 
treasurer shall give bond to the trustees in such amount and 
with such surety or sureties and conditions as the commis- 
sioner may prescribe, and shall file with the commissioner an 
attested copy thereof, with a certificate of its custodian that 
the original is in his possession. Such bonded officer shall 
notify the commissioner of any change thereafter made 
therein. If he fails, within ten days after the date thereof, 
to file such copy, or to notify the commissioner of any such 
change, he shall be liable to a penalty of fifty dollars. The 
commissioner shall keep a record showing when such bonds 
expire, and the changes so notified, and, when in his judg- 
ment it is necessary for the security of the depositors, he shall 
require a new bond in such amount and with such surety or 
sureties and conditions as he may approve. Said bonded 
officers shall give new bonds at least once in five years. The 
trustees may require bonds of such other officers or employees 
and in such amounts as they deem necessary. The treasurer, 
vice treasurer and assistant treasurer, and any other officers 
and employees required to give bond, may be included in 
one or more blanket or schedule bonds; provided, that such 
bonds are approved by the commissioner as to the amounts 
and conditions thereof and as to the sureties thereon. 

Section 2. Section thirteen of chapter one hundred and 
seventy-two of the General Laws is hereby amended by 
striking out, in the sixth and seventh lines, the words "the 
satisfaction of said board for the faithful performance of their 
duties" and inserting in place thereof the following: — said 
board in such amounts and with such surety or sureties and 
conditions as the commissioner may prescribe. The treasurer 
and actuary, and any other officers and employees required 
to give bond, may be included in one or more blanl^et or 
schedule bonds; provided, that such bonds are appro\'ed by 



Blanket or 
schedule bonds. 



Proviso. 



G. L. 172, § 13, 
amended. 



Acts, 1922. — Chaps. 266, 267. 283 

the commissioner as to the amounts and conditions thereof 
and as to the sureties thereon, — so as to read as follows: — 
Section 13. The officers of such corporation, except the choice of 
treasurer, actuary, and the members of the investment com- TOmpan?es/"^ 
mittee, if one is required by section sixty, shall be chosen at 
its annual meeting. The treasurer and actuary shall be ap- 
pointed by the directors, shall hold their respective offices 
during the pleasure of the board of directors and shall give 
bond to said board in such amounts and with such surety or 
sureties and conditions as the commissioner may prescribe. 
The treasurer and actuary, and any other officers and em- officers and 
ployees required to give bond, may be included in one or more qui^^^to^^Te 
blanket or schedule bonds; provided, that such bonds are hfcfudTdm^^ 
approved by the commissioner as to the amounts and con- ^ch^uL^bonds. 
ditions thereof and as to the sureties thereon. The board of Proviso, 
directors may fill, until the next annual meeting, any vacan- 
cies in offices that may occur. Approved April 8, 1922. 



An Act relative to retirement allowances paid to Cfiaj) 266 

FORMER CLEANERS AND SCRUB WOMEN IN THE STATE 
HOUSE. 

Be it enacted, etc., as follows: 

Every person now recei\'ing a retirement allowance under Retirement 
the provisions of section seventy-four of chapter thirty-two Uil^ml?"^^^ 
of the General Laws, as amended by section eight of chapter simbfwom^n 
four hundred and eighty-seven of the acts of nineteen hun- instate house. 
dred and twenty-one, or corresponding provisions of earlier 
laws, shall hereafter receive as a retirement allowance the 
sum of three hundred dollars per year, to be paid in equal 
weekly instalments. Approved April 8, 1922. 



Chap.2Q7 



An Act authorizing the county of Suffolk and the 
commonwealth to pension michael f. meagher. 

Be it enacted, etc., as follows: 

Section 1. Michael F. Meagher, for seventeen years an County of 
officer and messenger of the supreme judicial court, who has commonwealth 
become incapacitated for further ser\ice, shall, at his request, Mfc^^iT.'*'' 
be retired on a pension equal to one half his annual compen- Meagher. 
sation at the time of retirement, to be paid monthly, thirteen 
fifteenths by the county of Suffolk and two fifteenths by the 
commonwealth, as his salary is now paid. 



284 



Acts, 1922. — Chaps. 268, 269. 



To be sub- 
mitted to 
Boston city 
council, etc. 
Proviso. 



Section 2. This act shall take effect upon its acceptance 
by vote of the city council of the city of Boston, subject to 
the provisions of its charter; provided, that such acceptance 
occurs prior to December thirty-first in the current year. 

Approved April 8, 1922. 



Chap.26S An Act authorizing the trustees of the Massachu- 
setts AGRICULTURAL COLLEGE TO INSURE A BUILDING 
AND ITS CONTENTS. 

Be it enacted, etc., as follows: 

Chapter seventy-five of the General Laws is hereby 
amended by inserting after section ten the following new 
section: — Section 10 A. The trustees may insure the me- 
morial building and its contents in such amount as they 
fnsuremZoriai dccm sufficicut. Approved April 10, 1922. 

building, etc. 



G. L. 75, new 
section after 
§10. 

Trustees of 

Massachusetts 

Agricultural 



C/ia/?. 269 An Act relative to the making of false statements 
IN relation to candidates for nomination or elec- 
tion TO public office. 

Be it enacted, etc., as follows: 

Section 1. Chapter fifty-five of the General Laws is 
hereby amended by inserting after section thirty-four the 
following new section : — Section 34 A. No person shall make 
or publish, or cause to be made or published, any false state- 
ment in relation to any candidate for nomination or election 
to public office, which is designed or tends to injure or defeat 
such candidate. 

Section 2. Section thirty-six of said chapter fifty-five is 
hereby amended by inserting after the ninth line the follow- 
ing additional paragraph: — Violation of any provision of 
section thirty-four A. 

Section 3. Chapter fifty-six of the General Laws is 
hereby amended by inserting after section sixty-four the 
following section: — Section 64 A. Whoever knowingly \no- 
lates section thirty-four A of chapter fifty-five shall be pun- 
ished by a fine of not more than one thousand dollars or by 
imprisonment for not more than six months. 

Approved April 10, 1922. 



G. L. 55, new 
section after 
§34. 

False state- 
ments in rela- 
tion to candi- 
dates for public 
office for- 
bidden. 



G. L. 55, § 36, 

amended. 



Corrupt 
practice. 

G. L. 56, new 
section after 
§64. 

Penalty for 
making false 
statements in 
relation to can- 
didates, etc. 



Acts, 1922. —Chaps. 270, 271, 272. 285 



An Act authorizing the town of natick to borrow Chap.270 

MONEY FOR SCHOOL PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of remodeling the old high Town of 
school building in the town of Natick and for the purchase b^TrVow'"^^ 
of equipment and furnishings therefor, the town of Natick ^h^f purposes. 
may borrow such sums as may be necessary, not exceeding 
in the aggregate thirty thousand dollars, and may issue notes 
or bonds therefor, which shall bear on their face the words, 
Natick School Loan, Act of 1922. Each authorized issue Natick School 
shall constitute a separate loan, and shall be payable in not ^2"' ^'^^ °^ 
more than ten years from its date and shall, except as herein 
provided, be subject to chapter forty-four of the General 
Laws. 

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

Approved April 11, 1922. 

An Act establishing the salaries of the present Chap. 211 

CLERK AND ASSISTANT CLERK OF THE SENATE. 

Whereas, The deferred operation of this act would cause Emergency 
substantial inconvenience inasmuch as the compensation ^'^^^ 
provided for would be delayed beyond a reasonable time, 
therefore it is hereby declared to be an emergency law, 
necessary for the immediate preservation of the pubUc con- 
venience. 

Be it enacted, etc., as follows: 

Section 1. The salary of William H. Sanger as clerk of JSderk 
the senate shall be forty-five hundred dollars, and the salary ^lerk of^ate 
of Irving N. Hayden as assistant clerk of the senate shall be 
twenty-fiv'e hundred dollars. 

Section 2. The salaries provided for in this act shall be Appropriation, 
allowed from items five and six, respectively, of the general ^ 
appropriation act of the current year, and shall date from 
March first in said year in each case. 

Approved April 11, 1922. 

An Act relative to voluntary associations. Chap.272 

Be it enacted, etc., as follows: 

Chapter one hundred and eighty-two of the General Laws g. l. 182, s 2, 
is hereby amended by striking out section two and inserting *"^° 



286 



Acts, 1922. — Chaps. 273, 274. 



Copies of 
declarations of 
trust, etc., of 
certain volun- 
tary associa- 
tions to be 
filed, etc. 

Fee. 



Penalty. 



in place thereof the following: — Section 2. The trustees of 
an association shall file a copy of the written instrument or 
declaration of trust creating it with the commissioner and 
with the clerk of every town where such association has a 
usual place of business. The fee for filing said copy with the 
commissioner shall be fifty dollars. Such trustees shall also, 
within thirty days after the adoption of any amendment 
thereof, file a copy of said amendment with said commis- 
sioner and said clerk. The trustees of every association, 
whose written instrument or declaration of trust creating it 
is not filed as required in this section shall be punished by a 
fine of not more than five hundred dollars or by imprison- 
ment for not more than three months. 

Approved April 11, 1922. 



Chap.27S An Act authorizing the school committee of the city 

OF BOSTON TO GRANT DEGREES OF BACHELOR OF EDUCA- 
TION AND BACHELOR OF SCIENCE IN EDUCATION TO GRAD- 
UATES OF THE BOSTON NORMAL SCHOOL. 

Be it enacted, etc., as follows: 

The school committee of the city of Boston may grant the 
degree of Bachelor of Education or of Bachelor of Science 
in Education to graduates of the Boston normal school who 
have satisfactorily completed a four years' course of instruc- 
tion in said normal school as prescribed by the board of 
superintendents. Approved April 11, 1922. 



Boston school 
committee may 
grant certain 
degrees to 
graduates of 
Boston normal 
school. 



Chap. 27^ An Act authorizing the department of education to 

GRANT THE DEGREE OF BACHELOR OF SCIENCE IN EDUCA- 
TION TO GRADUATES OF STATE NORMAL SCHOOLS. 

Be it enacted, etc., as follows: 

Section seven of chapter seventy-three of the General 
Laws, added to said chapter by chapter ninety-two of the 
acts of nineteen hundred and twenty-one, is hereby amended 
by inserting after the word "Education" in the second line 
the words: — or of Bachelor of Science in Education, — so 
as to read as follows: — Section 7. The department may 
grant the degree of Bachelor of Education or of Bachelor of 
Science in Education to any person completing a four-year 
course in a Massachusetts state normal school. 

Approved April 11, 1922. 



G. L. 73, § 7, 
etc., amended. 



Department of 
education may 
grant certain 
degrees to 
graduates of 
state normal 
schools. 



Acts, 1922. —Chap. 275. 287 



An Act amending the charter of the city of marl- Chap.275 

BOROUGH. 

Be it enacted, etc., as follows: 

Section 1 . Except as otherwise provided herein, the city City of 
of Marlborough shall conduct its city government under the tolhave ""pian 
form pro^'ided in sections fifty-six to sixty-three, inclusive, govirnmen^t, 
of chapter forty-three of the General Laws, known as Plan ^^''■ 
B, and said sections fifty-six to sixty-three, inclusive, and 
sections one to forty-five, inclusive, of said chapter, shall, 
except as otherwise provided herein, apply to the said gov- 
ernment to the same extent as if said plan were accepted by 
said city in the manner pro\ided in said chapter. 

Section 2. Beginning with the first Tuesday in De- Biennial 
cember in the year nineteen hundred and twenty-three, mu- '*'^*"'"^- 
nicipal elections in the city of Marlborough for the choice of 
mayor, members of the city council and other elective city 
officers shall be held biennially on the first Tuesday in De- 
cember in every odd numbered year. 

Section 3. At the biennial municipal election in nineteen Mayor, city 
hundred and twenty-three and at each biennial municipal dtlitSn.^tCTms, 
election thereafter, the mayor, members of the city council '^**'- 
and other elective city officers, except members of the school 
committee, shall be elected for terms of two years from the 
first Monday of January following, and until their successors 
shall be elected and qualified. At the biennial municipal mi^^' d^tion 
election in nineteen hundred and twenty-three, the six mem- terms, etc. 
bers of the school committee shall be elected, three to serve 
for terms of two years and three for terms of four years, and 
at each biennial municipal election thereafter members of 
the school committee shall be elected for terms of four years. 

Section 4. On the third Tuesday preceding every regular Preliminary 
and special municipal election at which any officer mentioned nOTiinatioM, 
in this act is to be elected, there shall be held a preliminary '^^^•^^''• 
election for the purpose of nominating candidates for such 
offices as, under the pro\'isions of this act, are to be filled at 
such election. Voters qualified to vote at a regular election 
shall be qualified to vote at a preliminary election. No 
special election for mayor or any other officer shall be held 
until after the expiration of forty days from the calling of 
the preliminary election. At every preliminary election the 
polls shall open at twelve o'clock noon and close not earlier 
than eight p.m. 



288 



Acts, 1922. — Chap. 275. 



What names to 
be printed on 
official ballots. 



Proviso. 



Section 5. Any person who is qualified to vote for a 
candidate for any office mentioned in this act, and who is a 
candidate for nomination for that office, may have his name 
as such candidate printed on the official ballot to be used 
at a preliminary election; provided, that, at least ten days 
prior to the preliminary election, he shall file \nth the city 
clerk a statement in writing of his candidacy, and with it 
the petition of at least fifty voters of the city, qualified to 
vote for a candidate for the said office. Said statement and 
petition shall be in substantially the following form: 



STATEMENT OF CANDIDATE. 

Form of state- J ( ), ou oath declare that I reside at (num- 

ment of can- . ^ ' , • n ■» 

didate. bcr if any) on (name of street) ni the city of Marlborough; 

that I am a voter therein, qualified to vote for a candidate 
for the hereinafter mentioned office; that I am a candidate 
for nomination for the office of (state the office) for (state 
the term) to be voted for at the preliminary election for nomi- 
nations to be held on Tuesday, the day of 

, nineteen hundred and , and I request 

that my name be printed as such candidate on the official 
ballots to be used at said preliminary election. 

(Signed) 
Commonwealth of Massachusetts. Middlesex, ss. 

Subscribed and sworn to this day of , 

nineteen hundred and , before me, 

(Signed) 

Justice of the Peace 

or (Notary Public). 



Form of peti- 
tion accom- 
panying state- 
ment of can- 
didate. 



PETITION ACCOMPANYING STATEMENT OF CANDIDATE. 

Whereas (name of candidate) is a candidate for nomina- 
tion for the office of (state the office) for (state the term), we 
the undersigned, voters of the city of Marlborough, duly 
qualified to vote for a candidate for said office, do hereby 
request that the name of said (name of candidate) as a candi- 
date for nomination for said office be printed on the official 
ballots to be used at the preliminary election to be held on 
the Tuesday of , nineteen hundred and 

. We further state that we believe him to be 
of good moral character and qualified to perform the duties 
of the office. 



Acts, 1922. — Chap. 275. 289 



No acceptance by the candidate for nomination named in Acceptance .tnd 

oath not 
necessary. 



the said petition shall be necessary for its validity or for its **** "°* 



filing, and the petition need not be sworn to. The petition 
may be on one or more papers. 

Section 6. On the first day, not being Sunday or a legal diS^t^^lX^ 
holiday, following the expiration of the time for filing the to be pasted. 
above-described statements and petitions, the city clerk shall 
post in a conspicuous place in the city hall the names and 
residences of the candidates for nomination who have duly 
qualified as such as they are to appear on the official ballots 
to be used at the preliminary election, except as to the order 
of the names, and shall cause the ballots which shall con- Printing of 
tain said names, in their order as drawn by the clerk, and ''^"°'^- 
no others, with a designation of residence, and of the office 
and term of service, to be printed, and the ballots so printed 
shall be official and no others shall be used at the preliminary 
election. In drawings for position on the ballot the candidates Drawings for 
shall have an opportunity to be present in person or by one Cafiots" ''" 
representative each. Blank spaces shall be left at the end of Blank spaces 
each list of candidates for nomination for the different offices ballots, etc. 
equal to the number to be nominated therefor, in which the 
voter may insert the name of any person not printed on the 
ballot for whom he desires to vote for nomination for such 
office. There shall be printed on said ballots such directions 
as vnW aid the voter, as, for example, "vote for one", "vote 
for two", and the like, and the ballots shall be headed as fol- 
lows: — 

OFFICIAL PRELIMINARY BALLOT. 

Candidates for nomination for the offices of ( ) official pre- 

in the city of Marlborough at a preliminary election to be heading^ ^ ° ' 
held on the day of , in the year 

nineteen hundred and 

(The heading shall be varied in accordance with the office 
for which nominations are to be made.) 

Section 7. No ballot used at any preliminary, special or Party or poUti- 
regular election shall have printed thereon any party or other ^foMfet^" 
political designation or mark, and there shall not be appended prohibited, 
to the name of any candidate any such party or other political 
designation or mark, or anything showing how he w^as nomi- 
nated, or indicating his views or opinions. 

Section 8. The election officers shall, immediately upon counting of 
the closing of the polls at preliminary elections, count the ^efirn of^votes, 
ballots and ascertain the number of votes cast in the several ^^^- 



290 



Acts, 1922. — Chap. 275. 



Nominations, 
how deter- 
mined. 



Candidates' 
names to be 
printed on 
official ballots. 



Tie vote. 



When insuffi- 
cient number 
of statements 
have been filed, 
candidates 
filing state- 
ments to be 
deemed 
to have been 
nominated, 
etc. 



voting places for each candidate, and forthwith make return 
thereof upon blanks to be furnished as in regular city elections 
to the city clerk who shall canvass said returns and shall 
forthwith determine the result thereof, insert the same in one 
or more newspapers published in the city, and post the same 
in a conspicuous place in the city hall. 

Section 9. The two persons receiving at a preHminary 
election the highest number of votes for nomination for an 
office shall, except as otherwise provided by section ten, be 
the sole candidates for that office whose names may be 
printed on the official ballot to be used at the regular or 
special election at which such office is to be filled, and no 
acceptance of a nomination at a preliminary election shall be 
necessary to its validity. 

If two or more persons are to be elected to the same office 
at such regular or special election the several persons in 
number equal to twice the number so to be elected receixing 
at such preliminary election the highest number of votes for 
nomination for that office shall, except as otherwise provided 
by section ten, be the sole candidates for that office whose 
names may be printed on the official ballot. 

If the preliminary election results in a tie vote among 
candidates for nomination receiving the lowest number of 
votes, which, but for said tie vote, would entitle a person 
recei\ing the same to hav^e his name printed upon the official 
ballot for the election, all candidates participating in said 
tie vote shall have their names printed upon the official 
ballot, although in consequence there be printed thereon 
candidates to a number exceeding twice the number to be 
elected. 

Section 10. If at the expiration of the tune for filing 
statements of candidates to be voted for at any preliminary 
election not more than twice as many such statements have 
been filed vdth the city clerk for an office, as are to be elected 
to such office, the candidates whose statements have thus 
been filed shall be deemed to have been nominated to said 
office, and their names shall be voted on at the succeeding 
regular or special election, as the case may be, and the city 
clerk shall not print said names upon the ballot to be used at 
said preliminary election, and no other nomination to said 
office shall be made. If, in consequence, it shall appear that 
no names are to be printed upon the official ballot to be used 
at any preliminary election in any ward or wards of the city, 



Acts, 1922. —Chap. 276. 291 

no preliminary election shall be held in any such ward or 
wards. 

Section 11. The salary of each member of the city Salaries of city 
comicil shall not exceed two hundred dollars a year. Nothing mayor. *" 
in this act shall be deemed to affect the salary of the mayor, 
as at present established by section nine of chapter three 
hundred and twenty of the acts of eighteen hundred and 
ninety, as amended by chapter one hundred and eighty- 
seven of the acts of nineteen hundred and twenty. 

Section 12. Beginning with the year nineteen hundred ment'^en^^n^rs, 
and twentv-four, the chief engineer of the fire department appointment. 

*" tcrnis etc . 

and the first and second assistant engineers shall be appointed 
by the mayor, subject to confirmation by the city council, 
for terms of three, two and one years, respectively, from 
January first in the year of their appointment, and thereafter 
such officers shall be so appointed for terms of three years 
from January first in the year of their appointment, and 
until the appointment and qualification of their successors. 

Section 13. This act shall be submitted to the voters of ^'•t^^o' 
the city of Marlborough at the next state election in the voters, etc. 
form of the following question to be placed upon the official 
ballot : " Shall an act passed by the General Court in the year 
nineteen hundred and twenty-two, entitled ' An Act amending 
the charter of the city of Marlborough', be accepted?" If 
a majority of the voters voting thereon vote in the affirmative 
the pro\'isions of this act, relative to preliminary elections and 
elections of the officers provided for by Plan B of chapter 
forty-three of the General Laws, shall take effect from and 
after September first, nineteen hundred and twenty-three, 
and the remaining provisions thereof, upon the qualification 
of the officers elected at the municipal election in nineteen 
hundred and twenty-three. Approved April 11, 1922. 

An Act providing for municipal prim.\ries in the city Chav 276 

OF WORCESTER. 

Be it enacted, etc., a^' follows: 

Section 1. Candidates to be voted for at city elections in Municipal 
the city of Worcester shall, after the acceptance of this act, fn'dty"^ 
be nominated in municipal primaries held in accordance with Worcester. 
the provisions of sections twenty-three to forty, and fifty-six 
to sixty-four, both inclusive, of chapter fifty-three of the 
General Laws. 



292 



Acts, 1922. — Chaps. 277, 278. 



To be sub- 
mitted to 
voters, etc. 



Section 2. This act shall take effect upon its acceptance 
by a majority of the voters of said city voting thereon at the 
municipal election in said city in the current year. 

Approved April 12, 1922. 



Chap.277 An Act authorizing the appointment of temporary 

ASSISTANT DISTRICT ATTORNEYS FOR THE SUFFOLK DIS- 
TRICT. 



Emergency 
preamble. 



Appointment 
of temporary 
assistant dis- 
trict attorneys 
for Suffolk 
district. 



Whereas, The deferred operation of this act would in part 
defeat its purpose to relieve the congested docket of the dis- 
trict attorney for the Suffolk district, 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: 

The district attorney for the Suffolk district may appoint 
four assistant district attorneys to serve until the first 
Wednesday of January, nineteen hundred and twenty-three, 
and may remove them at pleasure. They shall be paid 
monthly by the commonwealth from item numbered sixty- 
eight of the general appropriation act of the current year, 
two at the rate of five thousand dollars a year each and two 
at the rate of four thousand dollars a year each. 

Approved April 12, 1922. 



Chap. 27 S An Act authorizing the town of norwell to incur 
indebtedness for the purpose of constructing and 
equipping a school building. 

Be it enacted, etc., as follows: 

Section 1 . For the purpose of constructing and equipping 
a school building, the town of Norwell may borrow from time 
to time such sums as may be necessary, not exceeding, in 
the aggregate, thirty thousand dollars, and may issue bonds 
or notes therefor which shall bear on their face the words, 
Norwell Schoolhouse Loan, Act of 1922. Each authorized 
issue shall constitute a separate loan. Indebtedness incurred 
under this act shall be in excess of the statutory limit, but 
shall, except as pro\aded herein, be subject to chapter forty- 
four of the General Laws. 

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

Approved April 13, 1922. 



Town of 
Norwell may 
borrow money 
for school pur- 
poses. 



Norwell 
Schoolhouse 
Ix)an, Act of 
1922. 



Acts, 1922. —Chaps. 279, 280, 281. 293 



An Act authorizing the town of Dartmouth to incur Chap.279 

INDEBTEDNESS FOR SCHOOL PURPOSES. 

Be it enacted, etc., as follows. • 

Section 1. I^r the purpose of acquiring land for and Dartmouth 
the construction of school buildings and for purchasing the "^ay borrow 
original equipment and furnishings of said buildings, the school pur- 
toA\'n of Dartmouth may borrow from time to time such ^^'^^' 
sums as may be necessary, not exceeding in the aggregate 
one hundred and fifty thousand dollars, and may issue bonds 
or notes therefor, which shall bear on their face the words, 
Dartmouth School Loan, Act of 1922. Each authorized issue Dartmouth 
shall constitute a separate loan. Indebtedness incurred A^ct^/ 1922"' 
under this act shall be in excess of the statutory limit, but 
shall, except as herein pro\dded, be subject to chapter forty- 
four of the General Law^s. 

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

Approved April 13, 1922. 

An Act authorizing the town of templeton to incur Chav.28>0 
indebtedness for school purposes. 

Be it enacted, etc., as folloios: 

Section 1. For the purpose of acquiring land for and J°^"°! 

1-1 1 11 -1 1- ^ e 1 • • • 1 Templeton 

constructing a high school building and or purchasing original may borrow 
equipment and furnishings for said building, the town of school purposes. 
Templeton may borrow from time to time such sums as may 
be necessary, not exceeding in the aggregate fifty thousand 
dollars, and may issue bonds or notes therefor, which shall 
bear on their face the words, Templeton School Loan, Act Templeton 
of 1922. Each authorized issue shall constitute a separate Actof 1922. ' 
loan. Indebtedness incurred under this act shall be in excess 
of the statutory limit, but shall, except as herein provided, 
be subject to chapter forty-four of the General Laws. 
Section 2. This act shall take effect upon its passage. 

Approved April 13, 1922. 

An Act relative to state appropriations for the im- Chav 281 

PROVEMENT AND REPAIR OF PUBLIC WAYS IN SMALL 
TOWNS. 

Whereas, The deferred operation of this act Mould tend to Emergency 
defeat its purpose, therefore it is hereby declared to be an p'"*^'"'''^- 



294 



Acts, 1922. —Chap. 281. 



emergency law, necessary for the immediate preservation of 
the pubHc convenience. 



G. L. 81, § 26. 
amended. 



Repair and im- 
provement of 
public ways in 
small towns. 



Proviso. 



Be it enacted, etc., as folloiDs: 

Section twenty-six of chapter eighty-one of the General 
Laws is hereby amended by striking out, in the fifth hne, the 
word "fifty" and inserting in place thereof the word: — 
seventy, — by striking out, in the sixth Hne, the word "fifty" 
and inserting in place thereof the word: — seventy-five, — 
and by inserting after the word "dollars" in the twenty-sixth 
line the following new paragraphs : — 9. Fifty thousand dol- 
lars and less than sixty thousand dollars, one hundred and 
fifty dollars. 10. Sixty thousand dollars and less than seventy 
thousand dollars, one hundred and seventy-five dollars, — so 
as to read as follows : — Section 26. There may be expended 
for the repair and improvement of public ways, other than 
state highways, in towns the valuation of which is less than 
three million dollars and in which the amount of such valua- 
tion, di\aded by the number of miles of such public ways, here- 
inafter referred to as the road mileage valuation, is less than 
seventy thousand dollars, such sums, not exceeding seventy- 
five dollars per mile, as the general court may appropri- 
ate therefor; provided, that such towns shall contribute or 
make available for use in connection thereA^th the follow- 
ing amounts for each mile of said public ways within their 
respective limits, according to the following schedule based 
on their road mileage valuation: 

1. Less than five thousand dollars, twelve dollars and 
fifty cents. 

2. Five thousand dollars and less than seven thousand 
five hundred dollars, fifteen dollars. 

3. Seven thousand five hundred dollars and less than ten 
thousand dollars, twenty-five dollars. 

4. Ten thousand dollars and less than fifteen thousand 
dollars, forty dollars. 

5. Fifteen thousand dollars and less than twenty thousand 
dollars, fifty dollars. 

6. Twenty thousand dollars and less than thirty thousand 
dollars, seventy-five dollars. 

7. Thirty thousand dollars and less than forty thousand 
dollars, one hundred dollars. 

8. Forty thousand dollars and less than fifty thousand 
dollars, one hundred and twenty-five dollars. 



Acts, 1922. —Chap. 282. 295 

9. Fifty thousand dollars and less than sixty thousand 
dollars, one hundred and fifty dollars. 

10. Sixty thousand dollars and less than seventy thousand 
dollars, one hiuidred and seventy-five dollars. 

The amounts appropriated as aforesaid and contributed o/^ounte* 
by the townis shall be expended under the direction of the appropriated, 
division on such ways as the di^'ision and the selectmen of 
the townis may agree upon. Approved April 13, 1922. 

An Act providing for the nomination at preliminary Chap. 2^2 

ELECTIONS OF CANDIDATES FOR ELECTIVE MUNICIPAL 
office IN CITIES GOVERNED UNDER A STANDARD FORM 
OF CITY CHARTER. 

Be it enacted, etc., as follows: 

Section 1. Chapter forty-three of the General Laws is g. l. 43, new 
hereby amended by inserting after section forty-four the fol- fli^^^ ^ 
lo^nng new sections : — Section 44A. In every'' city, governed ^g^^"^a?" ^^ 
on September first, nineteen hundred and twenty-two, bv elections of 

, •111 1*1 I'l ' •' candidates for 

any plan provided by this chapter, which accepts sections elective ifiu- 
forty-four A to forty-four G, inclusive, in the manner pro- fn^fties" 
\'ided by section forty-four H, and in e\Try cit>^ except unde"a'^ 
Boston, which, after said date adopts any such plan in the ofdirchaxtw. 
manner pro\'ided in this chapter, the proAisions of sections 
forty-four A to forty-four G, inclusive, shall apply. On the 
third Tuesday preceding every regular and special election 
at which any office mentioned in this chapter is to be filled, 
there shall be held, except as otherwise provided in section 
forty-four G, a preliminary election for the purpose of nomi- 
nating candidates therefor, and section sixteen shall not apply. 
The first regular election, if occurring in the year in which 
sections forty-four A to forty-four G, inclusive, are accepted, 
shall be held on the third Tuesday of December. At every 
regular, preliminary and special election, the ballots used 
shall be governed by the provisions of section forty-nine and 
the polls shall be open during such hours, in accordance with Polling hours. 
general law, as the city council may prescribe. No vote of 
the city council changing such hours shall take effect unless 
accepted by a majority of the voters of the city voting 
thereon at a biennial state election, and the state secretaiy, 
upon the receipt at least thirty days before such an election 
of a copy of the vote of the city council proposing such a 
change, certified by the city clerk, shall cause the question 
of its acceptance to be placed upon the ballot to be used in 



296 



Acts, 1922. —Chap. 282. 



Names of 
persons not to 
appear on 
ballot at 
regular or 
special election 
unless nomi- 
nated at 
preliminary 
election, etc. 



What names to 
be printed on 
official ballot. 



Proviso. 



said city at such election. Section 44B. Except as otherwise 
])ro\'ide(l in section forty-four G, there shall not be printed 
on the official ballot to be used at any regular or special elec- 
tion the name of any person as a candidate for any office 
unless such person has been nominated as such at a prelimi- 
nary election for nomination, held as pro\-ided in sections 
fort\'-four A to forty-four G, inclusi\'e. There shall not be 
printed on the official ballot for use at such preliminary elec- 
tion the name of any candidate for nomination at such elec- 
tion, unless he shall have filed, within the time limited by 
section forty-four C, the statement and petition therein de- 
scribed. Section 44C- Any person who is qualified to vote 
for a candidate for any elective municipal office and who is 
a candidate for nomination thereto, shall be entitled to have 
his name as such candidate printed on the official ballot to 
be used at a prehminary election; provided, that at least 
ten days prior to such preliminary election he shall file with 
the city clerk a statement in writing of his candidacy, and 
with it the petition of at least fifty A'oters, qualified to vote 
for a candidate for the said office. Said statement and petition 
shall be in substantially the following form : — 



Form of 
statement of 
candidate. 



STATEMENT OF C.\M)IDATE. 

I ( ), on oath declare that I reside at (number 

if any) on (name of street) in the citj' of ; that 

I am a voter therein, qualified to vote for a candidate for the 
hereinafter mentioned office; that I am a candidate for the 
office of (name of office) for (state the term) to be voted for 
at the preliminary election to be held on Tuesday, the 
day of , nineteen hundred and 

, and I request that my name be printed as such 
candidate on the official ballot for use at said preliminary 
election. 

(Signed) 
Commonwealth of Massachusetts, ss. 

Subscribed and sworn to on this 
day of , nineteen hundred and 

before me, 

(Signed) 

Justice of the Peace, 
or (Notary Public). 



Acts, 1922. —Chap. 282. 297 



PETITION ACCOMPANYING STATEMENT OF CANDIDATE. 

Whereas (name of candidate) is a candidate for nomination Form of peti- 
for the office of (state the office) for (state the term), we, the panytn^^te- 
undersigned, voters of the city of , duly quahfied Skte* °^ '^"^'■ 

to vote for a candidate for said office, do hereby request that 
the name of said (name of candidate) as a candidate for 
nomination for said office be printed on the official ballot to 
be used at the preliminary election to be held on the 
Tuesday of , nineteen hundred and 

We further state that we believe him to be of good moral 
character and qualified to perform the duties of the office. 

No acceptance by the candidate for nomination named in Acceptance 
the said petition shall be necessary to its validity or its filing, neces^y."° 
and the petition, which may be on one or more papers, need 
not be sworn to. Section 44D. On the first day, other than Names of 
Sunday or a legal holiday, following the expiration of the whe1j to*be 
time for filing the above described statement and petition, posted, 
the city clerk shall post in a conspicuous place in the city 
hall the names and residences of the candidates for nomina- 
tion who have duly qualified as candidates for nomination, 
as they are to appear on the official ballots to be used at the 
preliminary election, except as to the order of the names, 
and shall cause the ballots which shall contain said names. Printing of 
in their order as drawn by the clerk, and no others, with a ^ °'^" 
designation of residence, and of the office and term of ser\ice, 
to be printed, and the ballots so printed shall be official and 
no others shall be used at the preliminary election. In draw- Drawings for 
ings for position on the ballot the candidates shall have an ^ilo°" °" 
opportunity to be present in person or by one representative 
each. Blank spaces shall be left at the end of each list of Blank spaces 

1-1 p • • p 1 1 • n> rr> 1 to be left on 

candidates tor nomination tor the dmerent omces equal to baUots. 
the number to be nominated therefor, in which the voter 
may insert the name of any person not printed on the ballot 
for whom he desires to vote for nomination for such office. 
There shall be printed on such ballots such directions as will 
aid the voter, as, for example: "vote for one", "vote for 
two", and the like, and the ballots shall be headed as fol- 
lows: — 

OFFICIAL PRELIMINARY BALLOT. 



Candidates for nomination for the offices of ( ) Official 

, . „ !• • 1 • 1 preliminary 

m the city ot at a preliminary election to be Baiiot, heading, 

held on the day of in the year nine- 

teen hundred and 



298 



Acts, 1922. — Chap. 282. 



Counting of 
ballots and 
return of votes, 
etc. 



Nonminations, 
how deter- 
mined. 



Candidates' 
names to be 
printed on 
official ballots. 



Tie vote. 



When insuf- 
ficient number 
of statements 
have been filed, 
candidates 
filing state- 
ments to be 
deemed to have 
been nomi- 
nated. 



(The lieading shall be varied in accordance \nth the offices 
for which nominations are to be made.) Section 44E. The 
election officers shall, immediately upon the closing of the 
polls at preliminary elections, count the ballots and ascertain 
the number of votes cast in the several voting places for each 
candidate, and forthwith make return thereof upon blanks 
to be furnished, as in regular elections, to the city clerk who 
shall canvass said returns and shall forthwith determine the 
result thereof, insert the same in one or more newspapers 
pubhshed in the city, and post the same in a conspicuous 
place in the city hall. Section 44F. The two persons re- 
cei\ang at a preliminary election the highest nmnber of votes 
for nomination for an office shall, except as provided by 
section forty-four G, be the sole candidates for that office 
whose names may be printed on the official ballot to be used 
at the regular or special election at which such office is to 
be filled, and no acceptance of a nomination at a preliminary 
election shall be necessary to its validity. 

If two or more persons are to be elected to the same office 
at such regular or special election the several persons in 
number equal to twice the number so to be elected recei\ing 
at such preliminary election the highest number of votes for 
nomination for that office shall, except as provided by section 
forty-four G, be the sole candidates for that office whose 
names may be printed on the official ballot. 

If the preliminary election results in a tie vote among 
candidates for nomination receiving the lowest number of 
votes, which, but for said tie vote, would entitle a person re- 
ceiving the same to have his name printed upon the official 
ballot for the election, all candidates participating in said 
tie vote shall have their names printed upon the official 
ballot, although in consequence there be printed thereon 
candidates to a number exceeding twice the number to be 
elected. Section 44G- If at the expiration of the time for 
filing statements of candidates to be voted for at any pre- 
liminary election not more than tvnce as many such state- 
ments have been filed with the city clerk for an office as are 
to be elected to such office, the candidates whose statements 
have thus been filed shall be deemed to have been nomi- 
nated to said office, and their names shall be voted on for 
such office at the succeeding regular or special election, as 
the case may be, and the city clerk shall not print said names 
upon the ballot to be used at said preliminary election and 
no other nomination to said office shall be made. If in con- 



Acts, 1922. —Chap. 283. 299 

sequence it shall appear that no names are to be printed 
upon the official ballot to be used at any preliminary election 
in any ward or wards of the city, no preliminary election 
shall be held in any such ward or wards. Section 4411. If, f^t'^e^'of citie° 
in a city governed on September first, nineteen hundred and governed under 
twenty-two, by one of the plans provided by this chapter, form of city 
there is filed with the city clerk, not later than one month cedure?etc!'' 
before a regular state election, a petition conforming so far 
as possible to the pro\isions of sections eight and nine, re- 
questing that such city accept the provisions of sections 
forty-four A to forty-four G, inclusive, and bearing the signa- 
tures of registered voters thereof, duly certified by the regis- 
trars of voters, to a number equal to at least ten per cent of 
the registered voters thereof at the regular state election next 
preceding such filing, the following question shall be placed 
upon the official ballot to be used in such city at the next 
regular state election : — " Shall sections forty-four A to forty- 
four G, inclusive, relative to the nomination by preliminary 
elections of candidates for elective municipal offices in cities 
governed mider a standard form of city charter, be accepted 
by the city of ?" If a majority of the voters 

voting thereon in such city vote in the affirmative, said sec- 
tions shall take effect therein. 

Section 2. Section forty-five of said chapter forty-three g. l. 43, §45. 
is hereby amended by inserting after the word "forty-four" ^™^° 
in the first line the letter : — G, — so as to read as follows : — 
Section JfS. Sections one to forty-four G, inclusive, shall. Certain pro- 
upon the adoption by any city of any of the plans hereinafter to apply to 
set forth, apply to the plan so adopted, except as is other- ment°ado°pt^"" 
\N-ise provided in such plan. Approved April 13, 1922. ^^ "*'"'• '''"■ 

An Act authorizing the city of haverhill to pay a (7/^^0.283 

SUM OF money to EILEEN BURKE. 

Be it enacted, etc., as foUoivs: 

Section 1. The city of Haverhill may pay to Eileen city of 
Burke the sum of seven hundred dollars, as compensation for p^Jf,!^^,^^^ 
injuries sustained by her while acting as a nurse for said Eite^n sJirke. 
city. 

Section 2. This act shall take effect upon its acceptance xo be sub- 
by vote of the city council of said city, subject to the pro- dty^wuncii. 
visions of its charter; provided, that such acceptance occurs ^"^ . 
prior to December thirty-first in the current year. 

Approved April 13, 1922. 



300 



Acts, 1922. — Chaps. 284, 285. 



Chap. 284: An Act authorizing the city of melrose to pension 

JAMES W. MURRAY. 

Be it enacted, etc., as follows: 

Section 1. The city of Melrose may pay to James W. 
Mmray, city collector of said city for twenty-five years/ who 
is now to be retired on account of physical incapacity, an 
annual pension, not exceeding the sum of six hundred dol- 
lars. 

Section 2. This act shall take effect upon its acceptance 
by vote of the board of aldermen of said city, subject to the 
provisions of its charter; pro\ided, that such acceptance 
occurs prior to December thirty-first in the current year. 

Approned April 13, 1922. 



City of Melrose 
may pension 
James W. 
Murray. 



To be sub- 
mitted to 
board of alder- 
men, etc. 
Proviso. 



Chap. 285 An Act relieving druggists and others from adver- 
tising APPLICATIONS FOR LICENSES FOR THE SALE OF 

liquors. 

Whereas, The deferred operation of this act would tend to 
defeat its purpose, therefore it is hereby declared to be an 
emergency law, necessary for the immediate preservation of 
the public convenience. 



Emergency 
preamble. 



G. L. 138, § 15, 
amended. 



Publication of 
notice of ap- 
plication for 
licenses for sale 
of liquors. 



Be it enacted, etc., as follows: 

Section fifteen of chapter one hundred and thirty-eight of 
the General Laws is hereby amended by inserting after the 
word " licenses " in the first fine the words: — , except Hcenses 
of the third and fifth classes, — so as to read as follows : — 
Section 15. Notice of all applications for licenses, except 
licenses of the third and fifth classes, shall, at the expense of 
the applicant, to be paid in advance, be published in the fol- 
lowing manner: in Boston by the Hcensing board in two or 
more daily newspapers published therein ; and in the Charles- 
town, East Boston, South Boston, Dorchester, Roxbury and 
Brighton districts of said city, respectively, in at least one 
weekly newspaper published in the district in which the 
premises for which the license is asked are situated, if any 
is there published; in other cities and towns by the licensing 
authorities thereof, in such newspapers, printed therein and 
published at least once a week, as they may designate; or if 
no such newspaper is printed therein, then by posting such 
notice in a conspicuous place on the premises described in 



Acts, 1922. —Chap. 286. 301 

the application for the license and in two or more places in 
which public notices are usually posted in the neighborhood. 
Such notice shall set forth the name of the applicant in full, 
the class of the license applied for, a particular description 
of the premises on which the license is to be exercised, desig- 
nating the building or part of a building to be used, and, if 
practicable, the street and number, and shall be published 
at least ten days before the licensing authorities act thereon. 
If a license is granted \nthout such previous publication, any Complaint and 
citizen of the city or town ^^'ithin which such license is issued udnst.*'"* ° 
may make complaint to the district court having jurisdiction 
therein; and if, after due hearing, it appears that such notice 
was not given, the court shall revoke the license and give 
notice thereof to the authorities which issued it. 

Approved April 14, 1922. 



Chap.2SQ 



An Act relative to the use by the city of boston of 

THE proceeds OF TAXES AND OTHER REVENUE RE- 
CEIVABLE PRIOR TO FEBRUARY FIRST IN THE CURRENT 
YEAR. 

Be it enacted, etc., as follows: 

Section 1. The city of Boston may apply the proceeds usebycityof 
of taxes and other revenue of the year nineteen hundred ceeds of taxes 
and twenty-one and years prior thereto, received on or after rwenueTe- 
February first, nineteen hundred and twenty-two, to the to^Febr^ufry^'^ 
paxTnent of salaries, wages and bills due from the said city, fi«it in current 
county of Suffolk or school committee of said city to the ex- 
tent that such salaries, wages and bills exceed the appropria- 
tions available therefor at the close of the fiscal year ending 
January thirty-first, nineteen hundred and twenty-two, and 
may also apply said taxes and revenue to replacing in the 
city treasury such sums as have been expended from the 
excess of actual over estimated receipts for the said fiscal 
year and from the unexpended balances of departmental 
appropriations for said fiscal year. The said city may also 
make a temporary loan, for such sum or sums as may be 
necessary, in anticipation of the receipt of said taxes and 
other revenue and may apply the proceeds in like manner. 

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

Approved April I4, 1922. 



302 Acts, 1922. — Chaps. 287, 288. 



Chap. 287 An Act authorizing the town of rockport to make 

AN ADDITIONAL WATER LOAN. 

Be it enacted, etc., as folloivs: 

^rT°im[y^make SECTION 1 . FoF the puTposc of increasing its water supply, 
an additional coHstructing a filtratioii system for the purification of water, 
extending its water mains and impro\ing its water distribu- 
tion facihties, the town of Rockport may from time to time 
borrow such sums as may be necessary, not exceeding in 
the aggregate one hundred and fifty thousand dollars, and 
may issue bonds or notes therefor, which shall bear on their 
K.Tct^f^' face the words, Rockport Water Loan, Act of 1922. Each 
'^22. authorized issue shall constitute a separate loan, and such 

loans shall be payable in not more than thirty years from 
their dates. Indebtedness incurred under this act shall be 
in excess of the statutory limit, but shall, except as herein 
provided, be subject to chapter forty-four of the General 
Laws. 
bt^etc*°^ Section 2. The town shall, at the time of authorizing 

said loan or loans, provide for the pa;yinent thereof in ac- 
cordance \nth section one; and when a vote to that effect 
has been passed, a sum which, A\'ith the income deri^'ed from 
water rates, will be sufficient to pay the annual expense of 
operating its water works and the interest as it accrues on 
the bonds or notes issued as aforesaid, and to make such 
pa;yTnents on the principal as may be required by this act, 
shall, without further vote, be assessed by the assessors of 
the town annually thereafter in the same manner as other 
taxes, until the debt incurred by said loan or loans is ex- 
tinguished. 
Section 3. This act shall take effect upon its passage. 

Approved April 14, 1922. 

Chap. 2SS An Act authorizing the city of new Bedford to incur 
indebtedness for sewerage purposes. 

Be it enacted, etc., as follows: 

City of New Section 1. For the purposes of sewer construction, the 

borrow moMy city of Ncw Bcdford may from time to time borrow such 

sums as may be necessary, not exceeding, in the aggregate, 

two hmidred and fifty thousand dollars, and may issue bonds 

or notes therefor, which shall bear on their face the words, 

New Bedford New Bedford Sewer Loan, Act of 1922. Each authorized 

Sewer Loan, 
Act of 1922. 



for sewerage 
purposes 



Acts, 1922. — Chaps. 289, 290. 303 

issue shall constitute a separate loan. Indebtedness incurred 
under this act shall be in excess of the statutory limit, but 
shall, except as herein provided, be subject to chapter forty- 
foiu* of the General Laws. 
Section 2. This act shall take effect upon its passage. 

Approved April 14, 1922. 

An Act authorizing the town of oxford to incur Chap.289 

INT)EBTEDNESS FOR SCHOOL PURPOSES. 

Be it enacted, etc., as folio ws: 

Section 1 . For the purpose of acquiring land and erect- Town of Oxford 
ing a school building in that part of the town of Oxford known moL/'for'*^ 
as Oxford Plains and for the purpose of acquiring land and po^^' ^"'"' 
erecting a school building in that portion of said town known 
as North Oxford and for the purchase of furnishings and 
original equipment for said buildings, the town of Oxford 
may borrow from time to time such sums as may be nec- 
essary, not exceeding in the aggregate seventy-fi\'e thou- 
sand dollars, and may issue notes therefor, which shall bear 
on their face the words, Oxford School Loan, Act of 1922. Oxford Sch(K)i 

■n 1 1 • 1 • • 1 T Loan, Act of 

Each authorized issue shall constitute a separate loan. In- 1922. 
debtedness incurred under this act shall be in excess of the 
statutory limit, but shall, except as herein provided, be sub- 
ject to chapter forty-four of the General Laws. 

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

Approved April I4, 1922. 

An Act relative to information at the source in Chav. 290 
connection w^th the taxation of incomes. 

Be it enacted, etc., as folio ws: 

Section thirty-three of chapter sixty-two of the General ^^d«i.^ ^^' 
Laws is hereby amended by striking out, in the sixth line, the 
words "eighteen hundred" and inserting in place thereof 
the words: — two thousand, — by striking out all of the 
first paragraph after the word "year" in the seventh line 
and inserting in place thereof the words : — , and may give 
the amount paid to each, — and also by adding at the end 
thereof the words: — In any indi\idual case, upon request of 
the commissioner, the exact wages, salary or other compen- 
sation shall be stated, — so that said paragraph ^\^ll read as 
folloA\'s: — Section 33. EAery employer, being an inhabitant Taxation of 
of the commonwealth or having a place of business therein, formation at 



304 



Acts, 1922. —Chap. 291, 



shall file annually with the commissioner a return in such 
form as he shall from time to time prescribe, giving the names 
and addresses of all regular employees residing in the com- 
monwealth to whom said employer has paid wages, salary or 
other compensation in excess of the sum of two thousand 
dollars during the preceding calendar year, and may give 
the amount paid to each. In any individual case, upon re- 
quest of the commissioner, the exact wages, salary or other 
compensation shall be stated. Approved April 14, 1922. 



G. L. 172, § 76, 
amended. 



Chap. 2^1 An Act relative to proceedings against trust com- 
panies IN case of insufficient reserves 

Be it enacted, etc., as follows: 

Section se\'enty-six of chapter one hundred and seventy- 
two of the General Laws is hereby amended by striking out 
the second sentence and inserting in place thereof the fol- 
lowing : — The commissioner may notify such corporation to 
make good such reserve, and if it fails so to do for thirty days 
thereafter, he may proceed to take possession of its property 
and business and liquidate its affairs in the manner provided 
in sections twenty-two to thirty-five, inclusive, of chapter 
one hundred and sixty-seven, — so as to read as follows: — 
Section 76. If the reserve of any trust company is at any 
time less than the amount which it is required to keep on 
hand, such corporation shall not make any new loans or in- 
vestments until the required proportion between the aggre- 
gate amount of its deposits and reserve shall be restored. 
The commissioner may notify such corporation to make 
good such reserve, and if it fails so to do for thirty days 
thereafter, he may proceed to take possession of its property 
and business and liquidate its affairs in the manner provided 
in sections twenty-two to thirty-five, inclusive, of chapter 
one hundred and sixty-seven. If the reserve of any such 
corporation which has been authorized to act as reserve 
agent is at any time less than the amount which it is required 
to keep on hand, the commissioner may notify such corpora- 
tion to make good such reserve, and if such corporation 
fails for ten days thereafter so to make good such reserve, 
the commissioner may revoke the authority of such corpora- 
tion to act as a reserve agent. Approved April 14, 1922. 



Proceedings 
against trust 
companies in 
case of insuf- 
ficent reserves. 



Acts, 1922. — Chaps. 292, 293. 305 



An Act relative to the charters of consolidated Chav 292 

TRUST companies. 

Be it eiiaded, etc., a^'i follows: 

Section forty-four of chapter one hundred and seventy-two g. l. 172, § 44, 
of the General Laws is hereby amended by inserting after the *™*°'^^- 
word "except" in the second Hne the words: — with the 
\\Titten approval of the commissioner and, — and by adding 
at the end thereof the following : — The charter of a trust 
company the business of which shall, on or after July first, 
nineteen hundred and twenty-two, be consolidated or merged 
with, or absorbed by, another bank or trust company, shall 
be void except for the purpose of discharging existing obliga- 
tions and liabilities, — so as to read as follows: — (Sec/ion Consolidation 
44' No trust company shall be merged in or consolidated panies%^^' 
with another trust company except with the \mtten approval '* ' 
of the commissioner and under the provisions of sections 
forty-two and forty-six of chapter one hundred and fifty-six, 
which are hereby made applicable to the sale or exchange of 
all the property and assets, including the good wall and cor- 
porate franchise, of a trust company. The charter of a trust charter to be 
company the business of which shall, on or after July first, etc. ' 
nineteen hundred and twenty- two, be consolidated or merged 
with, or absorbed by, another bank or trust company, shall 
be void except for the purpose of discharging existing obliga- 
tions and liabilities. Approved April I4, 1922. 

An Act regulating the granting of certificates per- (jjKuy 293 

MITTING TRUST COMPANIES TO BEGIN BUSINESS. 

Be it enacted, etc., as follows: 

Chapter one hundred and seventy-two of the General ^J^dld.' ^ "' 
Laws is hereby amended by striking out section eleven and 
inserting in place thereof the following: — Section 11. When Certificates 
the whole capital stock has been issued, a new list of the trust com- 
stockholders, with the name, residence and postoffice address CusinLs! 
of each, and the number of shares held by each, shall be filed 
with the board of bank incorporation, which list shall be 
verified by the two principal officers of the corporation. Upon 
receipt of such list said board shall cause an examination to 
be made of the method of payment of the capital stock, of the 
personnel of the corporation, including the officers and di- 
rectors thereof, and if, after such examination, it appears 



306 



Acts, 1922. —Chap. 294. 



that the whole capital stock has been paid in in cash, and 
that all requirements of law have been complied with, said 
board shall, if satisfied that the public convenience and ad- 
^'antage will be promoted thereby, issue a certificate author- 
izing such corporation to begin the transaction of busi- 
ness. It shall be unlawful for any such corporation to begin 
the transaction of business until such a certificate has been 
granted. Approved April 14, 1922. 



G. L. 172, § 73, 
amended. 



C/iap.294 An Act requiring a weekly statement of the daily 

RESERVE OF TRUST COMPANIES. 

Be it enacted, etc., as follows: 

Section seventy-three of chapter one hundred and seventy- 
two of the General Laws is hereby amended by adding at the 
end thereof the following : — The treasurer of every trust 
company, or other oflScer or employee thereof charged with 
the duties and functions usually performed by the treasurer, 
shall report in wTiting to the commissioner once in each week 
a statement of its reserve for each business day of the pre- 
ceding week. Any such officer or employee who neglects or 
fails to make such report as above pro\ided shall be punished 
by a fine of not more than one thousand dollars or by im- 
prisonment for not more than one year, or both, — so as to 
read as follows : — Section 73. Every such corporation shall 
at all times have on hand as a reserve an amount equal to 
at least fifteen per cent of the aggregate amount of its de- 
posits, exclusive of savings deposits and all time deposits 
represented by certificates or written agreements; but when- 
ever such time deposits may be Anthdra\m Anthin thirty days, 
they shall be subject to the reser\'e requirements of this 
chapter; and every trust company doing business in Boston 
shall at all times have on hand as a reserve an amount equal 
to at least twenty per cent of the aggregate amomit of its de- 
posits, computed in the same manner, but this pro\ision 
shall not affect such corporations doing business in Boston 
and located at a distance of not less than three miles from 
the state house. The treasurer of every trust company, or 
other officer or employee thereof charged Anth the duties and 
functions usually performed by the treasurer, shall report 
in writing to the commissioner once in each week a statement 
of its reserve Uyv each business day of the preceding week. 
Any such officer or employee who neglects or fails to make 



Reserve of 
trust com- 
panies. 



Weekly state- 
ment of daily 
reserve. 



Penalty. 



Acts, 1922. — Chaps. 295, 296. 307 

such report as abo^•(.• prcnided shall be punished by a fine 
of not more than one thousand dollars or by imprisonment 
for not more than one year, or both. 

Approved April I4, 1922. 

An Act changing the name of the overseers of the (Jhav 295 

POOR IN THE CITY OF BROCKTON TO OVERSEERS OF THE 
PUBLIC WELFARE. 

Be it enacted, etc., as folloivs: 

Section 1. The overseers of the poor in the city of gj-^j^if/on 
Brockton shall hereafter be known as the Overseers of the change of name 
Public Welfare ; but said change of name shall in no respect the poor. 
affect the rights, powers or duties of said overseers of the 
poor. 

Section 2. This act shall take effect upon its acceptance to be sub- 
by vote of the city council of said city, subject to the pro- TOu^ii,*^tc! ^ 
xisions of its charter; provided, that such acceptance occurs Proviso. 
prior to December thirty-first in the current year. 

Approved April I4, 1922. 

An Act authorizing the sale and release of certain Chav.296 

hAKDS AND easements OF THE COMMONWEALTH IN THE 
TOWN OF FRAMINGHAM. 

Be it enacted, etc., as folloivs: 

The adjutant general, for such price as may be approved i^s®e*o°1;enain 
bv the governor and council, mav sell and convey in the name '^nds and ease- 

*' '1/ t/ inenta of the 

of the commonwealth a certain parcel of land situated in commonwealth 
Framingham, and heretofore acquired by the commonwealth Framingham. 
under chapter three hundred and ninety-three of the acts 
of eighteen hundred and ninety-three, by an instrument of 
taking, dated August seventeenth, eighteen hundred and 
ninety-three, and recorded in the registry of deeds for Middle- 
sex county, southern district, book two thousand two hun- 
dred and eighteen, page forty-one, and being the lot of land 
marked "A" on the plan referred to in said instrument of 
taking and recorded in said registry, book of plans eighty-two, 
plan eleven. The adjutant general may also release and quit- 
claim, \nth the approval of the governor and council, all the 
rights of way and easements acquired by the commonwealth 
under said chapter three hundred and ninety-three and by 
said instrmnent of taking in lots marked "B", "C", "D" 
and " E ", respectively, on said plan, to the respective present 
owTiers of said lots. Approved April I4, 1922. 



308 



Acts, 1922. — Chaps. 297, 298. 



Chap. 297 An Act providing for the substitution of new plans 

BY BOARDS OF SURVEY IN TOWNS. 

Be it enacted, etc., as follows: 

Section seventy-six of chapter forty-one of the General 
Laws is hereby amended by striking out, in the first Hne, the 
words "In cities", so as to read as follows: — Section 76. 
The board of survey may from time to time make new plans 
in place of plans filed in accordance \nth the two preceding 
sections, or make changes on plans so filed; pro\'ided, that 
any action involving new plans or changes in plans already 
duly attested and filed shall be made only after the notice 
and hearing, and in all other respects in the mamier specified 
in section seventy-four; and the last plan so made, or the 
plan with the changes last made thereon and duly attested 
and filed, shall be the plan governing the future development 
of the territory affected. Approved April 14, 1922. 



G. L. 41, § 76. 
amended. 



Substitution of 
new plans by 
boards of sur- 
vey in towns. 



Proviso. 



C/iap.298 An Act relative to the powers of the art commission 

FOR THE COMMONWEALTH. 



Be it enacted, etc., as follows: 



G. L. 6, § 20 
amended. 



monwealth, 
powers and 
duties. 



Chapter six of the General Laws is hereby amended by 
striking out section twenty and inserting in place thereof the 

f^r^tCoClIf-"'"" following: — iSedioAz 20. There shall be submitted to the 
art commission for its approval in an advisory capacitj' any 
plan relative to the creation, acquisition, construction, erec- 
tion or remodeling by the commonwealth of any work of art, 
accompanied by designs, descriptions, specifications, drawings 
or models sufficient to enable the commission to determine 
the artistic character of such work of art. The commission 
shall file with the governor, within thirty days after such 
submission, its opinion of such proposed work of art together 
with such suggestions and recommendations as it may deem 
proper. The term "work of art", as used in this section, 
shall include any painting, portrait, mural decoration, stained 
glass, statue, bas-relief, ornament, fountain or any other 
article or structure of a permanent character intended for 
decoration or commemoration. 

Commission Upou rcQuest of the governor, the commission shall act in 

to act in ad- ^, . ^ . y • i • • i j> 

visory capacity, au advisory Capacity relative to the artistic character ot any 
building constructed, erected or remodeled by the common- 



Acts, 1922. —Chap. 299. 309 

wealth, or upon land owned by the commonwealth, and when, 
upon request of the governor, there shall be submitted to said 
commission any plan relating to such construction, erection 
or remodeling of any such building, accompanied by designs, 
descriptions, specifications, drawings or models sufficient to 
enable the commission to determine the artistic character of 
such building, the commission shall file with the governor, 
^^-ithin thirty days after such submission, its opinion of such 
proposed building together with such suggestions and recom- 
mendations as it may deem proper. The term "building", 
as used in this section, shall include structures intended for 
human occupation and use, and also bridges, arches, gates, 
walls or other permanent structures of any character. 

Approved April 14, 1922. 



An Act authorizing the appointment of an additional C/iap.299 

COURT OFFICER FOR THE MUNICIPAL COURT OF THE ROX- 
BURY DISTRICT OF THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Section 1. Chapter two hundred and eighteen of the g. l. 218, §62, 
General Laws, as amended in section sixty-two by section ^**'' ^'^"'**''^ 
one of chapter two hundred and eighty-four of the acts of 
nineteen hundred and twenty-one, is hereby further amended 
by striking out said section sixty-two and inserting in place 
thereof the following: — Section 62. In the municipal court Number of 
of the city of Boston the court officers appointed shall not i^"dis°ricr" 
exceed eight for criminal business and four for civil business '^"'■*^- 
and one of such court officers for criminal business shall be 
designated by the chief justice as chief court officer of said 
court for criminal business; in the municipal court of the Additional 
Roxbury district three court officers may be appointed; in m^^dpai 
the municipal court of the South Boston district and of the bJi^y district 
Charlestown district, the East Boston district court and the 
district court of East Norfolk two court officers for each court 
may be appointed; and in each of the other district courts in 
the commonwealth one court officer may be appointed. 

Section 2. This act shall take effect upon its acceptance to be sub- 
by the mayor of the city of Boston; proiided, that such ac- mlyor 0° 
ceptance occurs prior to December thirty-first in the current Boston. 
year. Approved April I4, 1922. ™'''^' 



310 Acts, 1922. — Chap. 300. 



Chap. 300 An Act relative to the acceptance by the state 

TREASURER OF CERTAIN BONDS AS SECURITY FOR THE 
PAYMENT OF CERTAIN TAXES BY FIDUCIARIES AND OTHERS. 

Be it enacted, etc., as follows: 

G. L 65 § 15, Chapter sixty-five of the General Laws is hereby amended 
by striking out section fifteen and inserting in place thereof 



Legacy and tlic follo^nng: — SectloTi 15. In case of a devise, bequest or 
t^S^on ?uture grant of real or personal property made or intended to take 
l^sTof^b^^, effect in possession or enjoyment after the death of the 
etc., as swjun*^^ grautor, to take efi^ect in possession or come into actual en- 
etc. joyment after the expiration of one or more life estates or a 

term of years, whether conditioned upon the happening of a 
contingency, dependent upon the exercise of a discretion, sub- 
ject to a power of appointment, or otherwise, the taxes upon 
which have not yet become due, the executor, administrator, 
trustee or grantee may (a) deposit with the state treasurer 
bonds or other negotiable obligations of the commonwealth 
or of the United States of America of such aggregate face 
amount as the commissioner may from time to time deem 
necessary to adequately secure payment of such taxes, or 
(b) deposit with the state treasurer a sum of money sufficient 
in the opinion of the commissioner to pay all taxes which 
may become due upon such de\'ise, bequest or grant, or (c) 
any executor, administrator, trustee or grantee, or any 
person interested in such de\nse, bequest or grant may give 
bond to a judge of the probate court having jurisdiction of 
the estate of the decedent, in such amount and with such 
sureties as said court may approve, conditioned that the 
obligor shall notify the commissioner when said taxes become 
due and shall then pay the same to the commonwealth. In 
case of a deposit of money hereunder, the state treasurer shall 
pay to such executor, administrator, trustee or grantee having 
the right to the use or income of such real or personal prop- 
erty, interest at the rate of two and one half per cent per 
annum upon such deposit and, when said taxes shall become 
due, shall repay to the persons entitled thereto the difference 
between such part of the tax certified as remains unpaid and 
the amount deposited. In case of a deposit of bonds or other 
negotiable obligations with the state treasurer hereunder, he 
shall pay to such executor, administrator, trustee or grantee 
as aforesaid or persons entitled thereto the interest accruing 
thereon and, if such taxes shall be paid in full when due, shall 



Acts, 1922. —Chaps. 301, 302. 311 

return such bonds or obligations to the persons entitled 
thereto; but if such taxes shall not be paid when due, the 
state treasurer may sell all or any part of such bonds or 
obligations to satisfy such taxes and shall return to the 
persons entitled thereto all the proceeds of such sale, and all 
such bonds or obligations, remaining in his hands after sat- 
isfying such taxes. Approved April 15, 1922. 



C/iap.301 



An Act establishing fuE salaries of assistant reg 

ISTERS OF DEEDS. 

Be it enacted, etc., as follows: 

Chapter thirtv-six of the General Laws is herebv amended ^- '^■}^' 5 36, 

, .f. ^ . . . . , . . . ,' , „ amended. 

by striking out section thirty-six and inserting in place thereof 

the following: — Section 36. Except as otherwise provided, ^s^nfregi^ters 

the salaries of assistant registers shall be sixty per cent of the "^ deeds. 

salary of the register of their respective districts and shall be 

paid by their respective counties. 

Approved April 15, 1922. 

An Act to bring the excise tax law on business Chap. Z02 

CORPORATIONS INTO CONFORMITY WITH FEDERAL LAW. 

Whereas, The deferred operation of this act would cause Emergency 
substantial inconvenience, inasmuch as it applies to taxes ^'®*^ ^' 
levied in the current year, therefore it is hereby declared to 
be an emergency law, necessary for the immediate preserva- 
tion of the public convenience. 

Be it enacted, etc., as follows: 

Section thirty of chapter sixty-three of the General Laws g. l. 63, § 30, 
is hereby amended by inserting after the word "eighteen" ^"^ended. 
in the fifty-sixth line the \y'ords : — or the federal revenue 
act of nineteen hundred and twenty-one, whichever of said 
acts may be applicable, — so that paragraph numbered five 
will read as follows: — 5. "Net income", except as other- Taxation of 
wise provided in sections thirty-four and thirty-nine, the ^atfons^"^' 
net income for the taxable year as required to be returned by te^Ve"fi?^^ ' 
the corporation to the federal government under the federal 
revenue act of nineteen hundred and eighteen or the federal 
revenue act of nineteen hundred and twenty-one, whichever 
of said acts may be applicable, and, in the case of a domestic 
business corporation, such interest and dividends, not so re- 
quired to be returned as net income, as would be taxable if 



312 



Acts, 1922. —Chap. 303. 



received by an inhabitant of this commonwealth; less, both 
in the case of a domestic business corporation and of a foreign 
corporation, interest, so required to be returned, which is re- 
ceived upon bonds, notes and certificates of indebtedness of 
the United States. Approved April 17, 1922. 



Chav 303 ^^ Act relative to the use of number plates on 

MOTOR VEHICLES BETWEEN TWELVE o'CLOCK NOON ON 
DECEMBER THIRTY-FIRST AND TWELVE o'CLOCK NOON 
ON JANUARY FIRST FOLLOWING. 

Be it enacted, etc., as follows: 

Section 1. Section two of chapter ninety of the General 
Laws is hereby amended by inserting after the word " shall " 
in the sixty-seventh line the following : — , except as provided 
by section nine, — so that the seventh paragraph will read 
as follows: — The registrar shall furnish at his office, without 
charge, to every person whose vehicle is registered under this 
chapter, 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, except 
as provided by section nine, be valid only for the year for 
which