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SPEAKER OF THE
HOUSE OF

,_ REPRESENTATIVES

ACTS

RESOLVES

PASSED BV THE

Enteral ^mi uf piassachusdts,

IN THE YEAR

1923,

TOGETHER WITH

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

PUBLISHED Br THE

SECRETARY OF THE COMMONWEALTH.

BOSTON:

WRIGHT & POTTER PRINTING CO., STATE PRINTERS,

32 DERNE STREET.

1923.

A CONSTITUTION

FORM OF GOVERNMENT

Oli)? Olummotuiipaltif of maaaartpis^tta

PREAMBLE.

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

The body politic is formed by a voluntary association Body politic,
of individuals: it is a social compact, by which the whole itTnl'tSe!^'
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.

Legislature
empowered to
compel provi-
sion for public
worship.

PART THE FIRST.

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

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

II. It is the right as well as the duty of all men in
society, publicly, and at stated seasons, to worship the
Supreme Being, the great Creator and Preserver of the
universe. And no subject shall be hurt, molested, or
restrained, in his person, liberty, or estate, for worship-
ping God 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 happmess, and to secure the good order
and preservation of their government, the people of this
commonwealth have a right to invest their legislature with
power to authorize and require, and 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

CO]\II\IONWEALTH OF MASSACHUSETTS. 5

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

And the people of this commonwealth have also a right Legislature

, , . 1 • 1 • 1 • 1 1 • . . to enjoin

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

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

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

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

And all monevs paid by the subiect to the support of Option as to
public worship, and of the public teachers aforesaid, shall, taxes may be
if he require it, be uniformly applied to the support of the 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- pro'ttc'tld^"^
wealth, shall be equallv under the protection of the law: ^*J®*^',!®^'.

I 1 ^- ' p I . . Subordination

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

IV. The people of this commonwealth have the sole Right of self
and exclusive right of governing themselves, as a free, fec^Td™^'^*
sovereign, and independent state; and do, and forever
hereafter shall, exercise and enjoy every power, jurisdic-
tion, and right, w^hich 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 Accountebiuty
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 rcn-
have any other title to obtain advantages, or particular puWic being
and exclusive privileges, distinct from those of the com- p^uiia? pdvi-***
munity, than what arises from the consideration of serv- llry olifcS'are
ices rendered to the public; and this title being in absurd and

• 1 1 1- -Ml 1 Ml 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.
12 Pick. 184, 467.
16 Pick. 87.
23 Pick. 360.
7 Met. 388.
4 Gray, 474.
7 Gray. 363.
14 Gray, 154.
1 Allen, 1,50.
4 Allen, 474.
Private prop-
erty not to be
taken for public
uses without,
etc.

See amend-
ments. Arts.
XXXIX and
XLVII.

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

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

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

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

employments. See amendments. Art. XLV. 122 Mass. 595, 5«6.

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

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

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

I Allen, 150.

II Allen, 530.

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

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

126 Mass. 428, 441.

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

129 Mass. 559.

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

COMiNlONWEALTH OF MASSACHUSETTS. 7

XI. Every subject of the commonwealth ought to find ^S^i^e^the
a certain remedy, by having recourse to the laws, for all |.om'pi°t^anT'
injuries or wrongs which he may receive in his person, prompt.
property, or character. He ought to obtain right and

justice freely, and without being oblige<l 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 Prosecutiona
or offence, until the same is fully and plainly, substantially 8 Pick. 211.
and formally, described to him; or be compelled to accuse, is Pick. 434.
or furnish evidence against himself. And every subject l\iethi9^'
shall have a right to produce all proofs that may be favor- J^^ay^K*^'
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, 2Anen,'36i.'
imprisoned, despoiled, or deprived of his property, immu- 240, 264*,' 439.
nities, or privileges, put out of the protection of the law, t2^Aiien. 170.
exiled, or deprived of his life, liberty, or estate, but by the f^^^- ^™'
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. XLVHI, The initiative, II, sect. 2.

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

, . ° . , . „ . , by jury in

subject any person to a capital or infamous punishment, criminal cases,
excepting for the government of the army and navy, with- 8 Gray, 329,
out trial by jury. i03Mass. 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 v^dnUy"
securities of the life, liberty, and property of the citizen. i2i''Mass^'6i, 62.

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

i, , ,. PI- !• and seizure

unreasonable searches, and seizures, or nis person, his regulated.
houses, his papers, and all his possessions. All warrants, Amend^tiv. "
therefore, are contrary to this right, if the cause or founda- 5 cush^seb.
tion of them be not previously supported by oath or affir- }3^ray^54
mation, and if the order in the warrant to a civil officer, }0 Ai'en, 403

' . , 100 Mass. 136,

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

^ , a. • !i, • 4. U 4. 126 Ma«s. 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 amendnaents, Art. XLVIII, The initiative, II, sect. 2.

CONSTITUTION OF THE

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

7 Pick. 366.
5 Gray, 144.

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

102 Mass. 45, 47.

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

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

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

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

XVI. The liberty of the press is essential to the secu-
rity of freedom in a state: it ought not, therefore, to be
restrained in this commonwealth.

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

XVII. The people have a right to keep and to bear
arms for the common defence. And as, in time of peace,
armies are dangerous to liberty, they ought not to be
maintained without the consent of the legislature; and
the military power shall always be held in an exact subor-
dination to the civil authority, and be governed by it.

XVIII. A frequent recurrence to the fundamental
principles of the constitution, and a constant adherence
to those of piety, justice, moderation, temperance, indus-
try, and frugality, are absolutely necessary to preserve the
advantages of liberty, and to maintain a free government.
The people ought, consequently, to have a particular atten-
tion to all those principles, in the choice of their officers and
representatives: and they have a right to require of their
lawgivers and magistrates an exact and constant observance
of them, in the formation and execution of the laws neces-
sary for the good administration of the commonwealth.

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

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

^e^d^ th^ f^w's ^^' The power of suspending the laws, or the execu-

or their execu- ^Jq^ of the laws, ouglit ucvcr to be exercised but by the

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

Liberty of the
press.

Right to keep
and bear arms.
Standing armies
dangerous.
Military power
subordinate to
civil.
5 Gray, 121.

Moral qualifica-
tions for office.

Moral obliga-
tions of law-
givers and
magistrates.

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

COMMONWEALTH OF MASSACIIl^SETTS. 9

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

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

XXI. The freedom of deliberation, speech, and debate, ba^e'^ete '"Lfd"
in either house of 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-

p .1 1 r> • f J.* j_ J.1 • sions, and ob-

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

XXIII. No subsidy, charge, tax, impost, or duties Ta.xation
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 facio
the existence of such laws, and which have not been de- il^Aikn, 421,
clared crimes by preceding laws, are unjust, oppressive, ^^^-^^s, 434.
and inconsistent with the fundamental principles of a free
government.

XXV. No subject ought, in any case, or in any time. Legislature not
to be declared guilty of treason or felony by the legis- t?eason,'e*tc.^
lature.

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

, ., . . . . . or fanes, and

excessive bail or sureties, impose excessive fines, or inflict cruel punish-

, 1 • 1 ments, pro-

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

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

XXVII. In time of peace, no soldier ought to be quar- No soldier to be
tered in any house without the consent of the owner; and ^ny'^ho'^^fe,*"
in time of war, such quarters ought not to be made but ""'^^s- ®**^-
by the civil magistrate, in a manner ordained by the legis-
lature.

XXVIII. No person can in any case be subject to law- citizens exempt
martial, or to any penalties or pains, by virtue of that law, tiXunre's^^etc.
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.

CONSTITUTION OF THE

Judges of su-
preme judicial
court.

3 Pick. 471.
1 Gray, 472.

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

Salaries.

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

114 Mass. 247,
249.

XXIX. It is essential to the preservation of the rights
of every individual, his Hfe, Hberty, 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.

PART THE SECOND.

The Frame of Government.

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

CHAPTER I.

THE LEGISLATIVE POWER.

Section I.

The General Court.

df^'ffmlnt Article I. The department of legislation shall be

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

COMMONWEALTH 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

. . '^ ' governor to

and if he, upon such revision, approve thereof, he shall ■"etum bin or
signify his approbation by signing the same. But if he amendment,
have any objection to the passing of such bill or resolve, he ^n'tT.^Art.
shall return the same, together with his objections thereto, ^^^\. ,

. . ' o J ^ . ' t or disapproval

in writing, to the senate or house of representatives, in 9^ reduction of
whichsoever the same shall have originated; who shall g9vernorin
enter the objections sent down by the governor, at large, ating^mon°ey7'
on their records, and proceed to reconsider the said bill or ^ift™*Art.
resolve. But if after such reconsideration, two-thirds of ^}^^' ^f'' ^'
the said senate or house of representatives, shall, notwith- passed by two-

, !• ,1 'J u* J.* J. J.1 '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 ^it^^t^^mg.
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 ,^°c^''e*'o?*^d'*
or resolve shall not be returned by the governor within joummentof
five days after it shall have been presented, the same shall court within

have the force of a law. 3 Mass. 567. s^amenlf-^^'

III. The general court shall forever have full power "J**"*®' .^'^*- ^-

CjrdiGrtxl court

and authority to erect and constitute judicatories and may constitute
courts of record, or other courts, to be held in the name courts ofrec-
of the commonwealth, for the hearing, trying, and deter- rcray^i.
mining of all manner of crimes, offences, pleas, processes, Hi^^'^^' ^*^'
plaints, actions, matters, causes, and things, whatsoever, ^^n^^Xr^t"
arising or happening within the commonwealth, or between xlvi'ii, The
or concerning persons inhabiting, or residing, or brought sect. 2, and The
within the same: whether the same be criminal or civil, iiiTsect"™'
or whether the said crimes be capital or not capital, and

12 CONSTITUTION OF THE

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

for the awarding and making out of execution thereupon.

ma^admTnister '^^ wliich courts and judicatories are hereby given and

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

administer oaths or affirmations, for the better discovery

of truth in any matter in controversy or dep>ending before

them.

General court IV. And furthcr, full powcr and authoritv are hereby

may enact laws, . , i i • i i V •

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

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

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

100 Mass. 544, dircctious and instructions, either with penalties or with-

116 Mass. 467, Qut; SO as the same be not repugnant or contrary to this

Por initiative coustitutiou, as thcy shall judge to be for the good and

endumrsee wclfarc of this commouwcalth, and for the government

A?t'' XLviii! ^^d ordering thereof, and of the subjects of the same, and

General court for the ucccssary support and defence of the government

kws.*e"tc%ot thereof; and to name and settle annually, or provide by

the^TO^tftu- fixed laws for the naming and settling, all civil officers

6 Alien, 358 within the said commonwealth, the election and consti-

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

or'appofntaie^n't mcut othcrwisc providcd for; and to set forth the several

ii5''mSI^'602. duties, powers, and limits, of the several civil and mili-

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

may impose placcs, SO as the samc be not repugnant or contrary to

s^^lmend- thls coustltutiou ; and to impose and levy proportional

Ar^tfl'^XLi and ^^^ rcasouablc assessments, rates, and taxes, upon all the

i2^^s 252 inhabitants of, and persons resident, and estates lying,

5^!!®"'!?? within the said commonwealth; and also to impose and

6 Allen, 558. , i i i • i • i

8Aiien,247,253. levy reasonable duties and excises upon any produce,

10 Allen, 235. j i i- j j-j.- ' 1 x

11 Allen, 268. goods, warcs, merchandise, and commodities, whatsoever,
223t235",'238, brought iuto, produccd, manufactured, or being within
3i2;3i3,'50o!'6i2. the samc; to be issued and disposed of by warrant, under
?L^r''' ^t^K the hand of the governor of this commonwealth for the

100 Mass. 285. . , . • i i i • i p i -i

101 Mass. 575, time bciug, with the advice and consent or the council,
losMass. 267. for thc public service, in the necessary defence and sup-
391. ^"^ ' port of the government of the said commonwealth, and
iisM^slsse; the protection and preservation of the subjects thereof,
i23Mass. 493, accordiug to such acts as are or shall be in force within

127Mass. 413. ^^^^ ^^"^^•

may impose And whilc thc public charges of government, or any
t^dtspMcd'^of part thereof, shall be assessed on polls and estates, in the

COMiMONWEALTH OF MASSACHUSETTS. 13

manner that has hitherto been practised, in order that for defence,

, , 1-1 !• I I 11 protection, etc.

such assessments may be made with equality, there shall s AUen, 247,
be a valuation of estates within the commonwealth, taken valuation of
anew once in everv ten rears at least, and as much oftener ft^tes once in

» • ' ten years, at

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

_ ^ . 8 Allen, 247.

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

For the state wide referendum on bills and resolves of the general court, see amend-
ments. Art. XLII. Art. XLII annulled by initiative and referendum amendment, see
amendments, .^rt. 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 amendment^^
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, from time to time, be Art. xxii.
divided by the general court for that purpose: and the
general court, in assigning the numbers to be elected by
the respective districts, shall govern themselves by the pro-
portion of the public taxes paid by the said districts; and
timely make known to the inhabitants of the common- For provision as
wealth the limits of each district, and the number of coun- see*'aiMnd°'^^'
cillors and senators to be chosen therein; provided, that xvl^' ^'^*'
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, di^trict^ unt^f,
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; PljTuouth, three; Barnstable, one;
Bristol, three; York, two; Dukes County and Nantucket,
one; Worcester, five; Cumberland, one; Lincoln, one;
Berkshire, two.]

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 town
in the several counties of this commonwealth; to be called
by the selectmen, and warned in due course of law, at
least seven days before the [first 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 years of age and upwards, having a freehold
estate within the commonw^ealth, 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
tow^n, 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, w^ith 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 w^hich 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 sheriff 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.MMONWEALTII OF ^lASSACHUSETTS. 15

same privilege of voting for councillors and senators in the
plantations where they reside, as town inliabitants have in
their respective towns; and the plantation meetings for that Plantation
purpose shall be held annually [on the same first Monday Timeofeieo-
in April], at such place in the plantations, respectively, as by'lvmen'd-^
the assessors thereof shall direct; which assessors shall have xv".**' ^^^'
like authority for notifying the electors, collecting and Assessors to
returning the votes, as the selectmen and town clerks have
in their several towns, by this constitution. And all other
persons living in places unincorporated (qualified as afore-
said) who shall be assessed to the support of government
by the assessors of an adjacent town, shall have the privilege
of giving in their votes for councillors and senators in the
town where they shall be assessed, and be notified of the
place of meeting by the selectmen of the town where they
shall be assessed, for that purpose, accordingly.]

III. And that there may be a due convention of senators Governor and
on the [last Wednesday in May] annually, the governor wath ^"le'anV"
five of the council, for the time being, shall, as soon as may anTi^^sut*^'
be, examine the returned copies of such records; and four- simimonses.
teen daj^s 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- A?t'!'x™^'' ^'
ingly: provided, nevertheless, that for the first year the ^J^^"*^"^''/,
said returned copies shall be examined by the president and plurality by

ep ,1 •! e ^1 J! \-, .• i> amendments,

ve or the council of the former constitution of 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 eiectiinsfetc^,
out in the constitution; and shall, [on the said last Wednes- members'"
dav in IMav] [annually,] determine and declare who are Timeciianged
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- ''^^Jlfiif *§
lowing manner, viz.: The members of the house of repre- amendments,
sentatives, and such senators as shall be declared elected,

shall take the names of such persons as shall be found to
have the highest number of votes in such district, and not
elected, amounting to twice the number of senators wanting,
if there be so many voted for; and out of these shall elect
by ballot a number of senators sufficient to fill up the vacan-

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 othenv^ise, 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 oflBcer or officers of the com-
monwealth, for misconduct and maladministration 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.

Section III.

House of Representatives.

?f?hlSpie°'' 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.MMONWEALTH OF ISIASSACHUSETTS. 17

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

'^ , , ,, , " . ^ superseded by

ratable polls may elect two representatives; every corporate amendments,
town containing six hundred ratable polls may elect three 7 Mass.' 523.
representatives; and proceeding in that manner, making two
hundred and twenty-five ratable polls the mean increasing
number for every additional representative.

Provided, nevertheless, that each town now incorporated, F'"^'^'^?^^
not having one hundred and fifty ratable polls, may elect less than iso
one representati^•e ; but no place shall hereafter be incor- ^^'^ ^^
porated with the privilege of electing a representative, unless
there are within the same one hundred and fifty ratable polls.]

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

[The expenses of travelling to the general assembly, and ^aTCufnl to
returning home, once in every session, and no more, shall ^^enj^^^ol^t
be paid by the government, out of the public treasury, to how paid
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 o"a'repr^°°^
be chosen by written votes; [and, for one year at least next ^"^'^'^''.^ j^n
preceding his election, shall have been an inhabitant of, and as to residence.
have been seised in his own right of a freehold of the value ments, Art.
of one hundred pounds within the town he shall be chosen Property quai-
to represent, or any ratable estate to the value of two hun- j^^^' ^"^ ^^°''
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 tw^enty-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 seded^by*''^"
estate within the said town of the annual income of three ATts"m?xx.
pounds, or any estate of the value of sixty pounds, shall xxx^^xxi
have a right to vote in the choice of a representative or ^?^|^^^ ^'^
representatives for the said town.]

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

V. [The members of the house of representatives shall t^ves'^T^hen"
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.

CONSTITUTION OF THE

House alone
can impeach.

House to origi-
nate all money
bills.

Not to adjourn
more than two
days.

Seeamend-
aients, 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
council may
pimish.

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.

COMMONWEALTH OF .AIASSACHUSETTS. 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

COMMONTV'EALTH OF MASSACHUSETTS; and whoSC 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 fot change to
election, he shall have been an inhabitant of this common- ^lonsTsle^^**^'
wealth for seven years next preceding; [and unless he shall aT^lxFy*^^'
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 s.^sinen^d^'^^'
pounds;] [and unless he shall declare himself to be of the viT^/*^*^'
Christian religion.] xxxiv.

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

, J , , • • , 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 si^ a^me°nd*"
purpose, on the [first Monday of April] [annually,] give in xlv*' ^'^^'
their votes for a governor, to the selectmen, who shall preside Time of eiec-
at such meetings; and the town clerk, in the presence and by^ameluf-^
with the assistance of the selectmen, shall, in open town xTand^^'
meeting, sort and count the votes, and form a list of the by^am^d?'""
persons voted for, with the number of votes for each person ^^^' ^J^*-
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*°n™*° ^'
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
Maj^] ; and the sheriff shall transmit the same to the secre- Time changed
tary's office, seventeen days at least before the said [last w^nesday of
Wednesday in May]; or the selectmen may cause returns of ame"^m^/ts,
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 ^^dments.

Art. XIV.

CONSTITUTION OF THE

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

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

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

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

Governor to be
commander-in-
chief.

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

them declared and published; but if no person shall have a
[majority] of votes, the house of representatives shall, by
ballot, elect two out of four persons who had the highest
number of votes, if so many shall have been voted for; but,
if otherwise, out of the number voted for; and make return
to the senate of the two persons so elected; on which the
senate shall proceed, by ballot, to elect one, who shall be
declared governor.

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

V. The governor, with advice of council, shall have full
power and authority, during the session of the general court,
to adjourn or prorogue the same to any time the two houses
shall desire; [and to dissolve the same on the day next pre-
ceding the last Wednesday in May; and, in the recess of
the said court, to prorogue the same from time to time, not
exceeding ninety days in any one recess;] and to call it
together sooner tlian tlie 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 tlie members from
their attendance, he may direct the session to be held at
some other, the most convenient place within the state.

[And the governor shall dissolve the said general court
on the day nex-t preceding the last Wednesday in INIay.]

VI. In cases of disagreement between the two houses,
with regard to the necessity, expediency, or time of adjourn-
ment or prorogation, tlie 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 sliall require.

VII. [The governor of this commonwealth, for the time
being, shall be the commander-in-chief of the army and
navy, and of all the military forces of the state, by sea and
land; and shall have full power, by himself, or by any com-
mander, or other officer or officers, from time to time, to
train, instruct, exercise, and govern the militia and navy;

C0M.^I0X^^'EALTH of Massachusetts. 21 :

and, for the special defence and safety of the commonwealth, ;
to assemble in martial array, and put in warlike posture, the ^
inliabitants thereof, and to lead and conduct them, and with
them to encounter, repel, resist, expel, and pursue, by force
of arms, as well by sea as by land, within or without the \
limits of this commonwealth, and also to kill, slay, and 1
destroy, if necessary, and conquer, by all fitting ways, enter- \
prises, and means whatsoever, all and every such person and j
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- i
mander-in-chief, and admiral, to be exercised agreeably to l
the rules and regulations of the constitution, and the laws i
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 j

oblige them to march out of the limits of the same, without i

their free and voluntary consent, or the consent of the gen- i

eral court; except so far as may be necessary to march or I

transport them by land or water, for the defence of such 1

part of the state to which they cannot otherwise con- !

veniently have access.] j

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

1 .,p,p , , council may i

as persons may be convicted or before the senate by an pardon j

impeachment of the house, shall be in the governor, by exce"pTetc.
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 mm's°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^.^c^how
solicitor-general, [all sheriffs,] coroners, [and registers of pro- appo'inUd! '^°*^

CONSTITUTION OF THE

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

Militia oflBcers,
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

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 provision 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.

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

X. [The captains and subalterns of the militia shall be
elected by the written votes of the train-band and alarm
list of their respective companies, [of twenty-one years of
age and upwards;] the field officers of regiments shall be
elected by the written votes of the captains and subalterns
of their respective regiments; the brigadiers shall be elected,
in like manner, by the field officers of their respective bri-
gades; and such officers, so elected, shall be commissioned
by the governor, who shall determine their rank.

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

The major-generals shall be appointed by the senate and
house of representatives, eacli 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

CO^NIMONWEALTII OF INIASSACIII'SETTS. 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 dl-aw^n 'from the
this commonwealth, and disposed of (except such sums as exce^"^gtc
may be appropriated for the redemption of bills of credit isAUen.sos.
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 monej- 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 quarteriy
ing to this commonwealth, and all commanding officers of '"'^'^^^s-
forts and garrisons within the same, shall once in every

three months, officially, and without requisition, and at other
times, when required by the governor, deliver to him an
account of all goods, stores, provisions, ammunition, cannon
with their appendages, and small arms with their accoutre-
ments, and of all other public property whatever under their
care respectively ; distinguishing the quantity, number, qual-
ity and kind of each, as particularly as may be; together with
the condition of such forts and garrisons; and the said com-
manding officer shall exhibit 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.

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, The initiative, II, sect. 2, and The referendum, III,
sect. 2.

fniarlld^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.

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 amend-
ments, Art. LV,

CHAPTER II.

Section II.

Lieutenant-Governor.

Article I. There shall be [annually] elected a lieutenant-
governor of the commonwealth of Massachusetts, whose title
shall be - — His Honor; and who shall be qualified, in point
of [religion,] [property,] and residence in the commonwealth,
in the same manner with the governor; and the day and
manner of his election, and the qualifications of the electors,
shall be the same as are required in the election of a governor.
The return of the votes for this officer, and the declaration of
his election, shall be in the same manner; and if no one per-
son shall be found to have [a majority] of all the votes re-
turned, the vacancy shall be filled by the senate and house
of representatives, in the same manner as the governor is to
be elected, in case no one person shall have [a majority] of
the votes of the people to be governor.

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

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

COMIMONWEALTH OF JNIASSACHUSETTS. 25

CHAPTER II.
Section III.

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

Article I. There shall be a council for advising the Council.
governor in the executive part of the government, to consist coundfioM
of [nine] persons besides the lieutenant-governor, whom the ei^glTt^'^'^ ^'^
governor, for the time being, shall have full power and ^entrTrt'
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 affairs of the commonwealth, according to the laws of
the land.

II. [Nine councillors shall be annually chosen from Number; from
among the persons returned for councillors and senators, on w'^hosen.
the last Wednesday in IVIay, by the joint ballot of the sen- ^ndmenL.
ators and representatives assembled in one room ; and in ^^f^ ^ ^"^^
case there shall not be found upon the first choice, the whole Superseded by

, p . 1 -ii , , • ii M amendments,

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

the deficiency shall be made up by the electors aforesaid

from among the people at large; and the number of senators

left shall constitute the senate for the year. The seats of comrcouncu-'

the persons thus elected from the senate, and accepting the l**!' ^^^'^^ f^^ts

■,■,••■• 1 • 1 1 t^ o to be vacated.

trust, shall be vacated in the senate.]

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

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

'■ ^ ^ ^ nave more

of any one district of this commonwealth.] than two.

Superseded by amendments, Art. XVI.

V. The resolutions and advice of the council shall be Register of
recorded in a register, and signed by the members present;

and this record may be called for at any time by either house
of the legislature; and any member of the council may insert
his opinion, contrary to the resolution of the majority.

VI. [Whenever the office of the governor and lieutenant- council to

, ,, , , r> 1 1 1 exercise the

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

CONSTITUTION OF THE

Elections may
be adjourned
until, etc.

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

virtue of this constitution, do or execute, if they, or either
of them, were personally present.]

VII. [And whereas the elections appointed to be made,
by this constitution, on the [last Wednesday in May annu-
ally,] by the two houses of the legislature, may not be com-
pleted on that day, the said elections may be adjourned
from day to day until the same shall be completed. And
the order of elections shall be as follows: [the vacancies in
the senate, if any, shall first be filled up;] the governor and
lieutenant-governor shall then be elected, provided there
should be no choice of them by the people; and afterwards
the two houses shall proceed to the election of the council.]

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

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

CHAPTER II.

Section IV.

Secretary, Treasurer, Commissary, etc.

Article I. [The secretary, treasurer and receiver-general,,
and the commissary-general, notaries public, and naval
officers, shall be 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 successive
terms. See amendments, Art. LXIV, sect. 2.

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

CHAPTER III.

JUDICIARY POWER,

ImmfsslS Article I. The tenure, that all commission officers shall
ifvrSs^^^ by law have in their offices, shall be expressed in their
J udici.ai officers rcspcctivc commissious. All judicial officers, duly ap-

to hold office ^ ''

COMMONWEALTH OF MASSACHUSETTS. 27

pointed, commissioned and sworn, shall hold their offices during good
during good behavior, excepting such concerning whom there cepr/eTc.' '''''
is different provision made in this constitution: provided, femVvJdwf
nevertheless, the governor, with consent of the council, may ^'^'''^^3-
remove them up>on 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-
governor and council, shall have authority to require court to give
the opinions of the justices of the supreme judicial court, rJ'quired" '^'^
upon important questions of law, and upon solemn occa- }26mSs;557,'
sions. ^^^•

III. In order that the people may not suffer from the Justices oUhe
long continuance in place of any justice of the peace who of their office.
shall fail of discharging the important duties of his office

with ability or fidelity, all commissions of justices of the
peace shall expire and become void, in the term of seven
years from their respective dates; and, utx)n the expiration For removal of

* n • • j1 • p 1 1 justices of the

oi any commission, the same may, it necessary, be renewed, peace, see
or another person appointed, as shall most conduce to the An^'xxxvii.
well-being of the commonwealth.

IV. The judges of probate of wills, and for granting Provisions for
letters of administration, shall hold their courts at such 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 Jiltorce^^and
app>eals from the judges of probate, shall be heard and ^''{"°"^^-
determined by the governor and council, until the legislature visions made
shall, by law, make other provision. ne Mass. 317. 105 Uaka. 327.

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

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.]

CHAPTER V

Harvard
College.

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

All gifts,
grants, etc.,
confirmed.

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

Section I.
The University.

Article I. Whereas our wise and pious ancestors, so
early as the year one thousand six hundred and thirty-six,
laid the foundation of Harvard College, in which university
many persons of great eminence have, by the blessing of
God, been initiated in those arts and sciences which qualified
them for public employments, both in church and state;
and whereas the encouragement of arts and sciences, and
all good literature, tends to the honor of God, the advantage
of the Christian religion, and the great benefit of this and
the other United States of America, — it is declared, that
the President and Fellows of Harvard College, in
their corporate capacity, and their successors in that capac-
ity, their officers and servants, shall have, hold, use, exer-
cise, and enjoy, all the powers, authorities, rights, liberties,
privileges, immunities, and franchises, which they now have,
or are entitled to have, hold, use, exercise, and enjoy; and
the same are hereby ratified and confirmed unto them, the
said president and fellows of Harvard College, and to their
successors, and to their officers and servants, respectively,
forever.

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

co:m:monwealth 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 \^l\ p*-
deemed, their successors, who, with the president of Harvard |^^' 212.
College, for the time being, together with the ministers of l^S'^^i^ili
the congregational churches in the towns of Cambridge, \&n, m.
Watertown, Charlestown, Boston, Roxbury, and Dorchester, ml', 191.
mentioned in the said act, shall be, and hereby are, vested I902! 243'/^^'
vnth 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 tLTielSat^e.'*
the government of the said university, as shall be conducive
to its advantage, and the interest of the republic of letters,
in as full a manner as might have been done by the legis-
lature of the late Province of the Massachusetts Bay.

CHAPTER V.

Section II.

The Encouragement of Literature, etc.

Wisdom and knowledge, as well as virtue, diffused gen- Dutyofiegis
erally among the body of the people, being necessary for the magistral''' •
preservation of their rights and liberties; and as these depend ''eJodr''
on spreading the opportunities and advantages of education Fo"" ^^rth

,1 . ^ i> J 1 . 1 1 ,.r„ provisions as t

m the various parts or the country, and among the different public schools

... ^ . . ' I- — periods.

on spreading the opportunities and advantages of education Fo"" further

,1 . ^ i> J 1 . 1 1 ,.r„ provisions as to

in the various parts or the country, and among the different public schoo"
orders of the people, it shall be the dutv of legislatures and men't^ Arts.

magistrates, in all future periods of this commonwealth, to xlv/.^"'^
cherish the interests of literature and the sciences, and all ms^"''"' ^°°"
seminaries of them; especially the university at Cambridge, i03 Maes. 94, 97
public schools and grammar schools in the towns; to en-
courage private societies and public institutions, rewards and

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. 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
ofiice 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. 1

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 Massachu-
setts is, and of right ought to be, a free, sovereign, and

COMIMOXWEALTH OF MASSACHUSETTS. 31

independent state; and I do swear, that I will bear true
faith and allegiance to the said commonwealth, and that I
will defend the same against traitorous conspiracies and all
hostile attempts whatsoever; and that I do renounce and
abjure all allegiance, subjection, and obedience to the king,
queen, or government of Great Britain (as the case may be),
and every other foreign power whatsoever; and that no
foreign prince, person, prelate, state, or potentate, hath, or
ought to have, any jurisdiction, superiority, pre-eminence,
authority, dispensing or other power, in any matter, civil,
ecclesiastical, or spiritual, within this commonwealth, except
the authority and power which is or may be vested by their
constituents in the congress of the United States: and I do
further testify and declare, that no man or body of men
hath or can have any right to absolve or discharge me from
the obligation of this oath, declaration, or affirmation; and
that I do make this acknow^ledgment, 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'vi.
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 swear,"
''and abjure," "oath or," "and abjuration," in the first oath,
and in the second oath, the words] "sicear and," and [in
each of them] the words "So help me, God;" subjoining
instead thereof, " This I do under the jpains and penalties of
perjury."

And the said oaths or aflBrmations shall be taken and Oathsand

, amrmations,

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 under this constitution, before
the president and five of the council of the former constitu-

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 ofiices 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

COMINIONWEALTH OF MASSACHUSETTS. 33

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

III. [In all cases where sums of money are mentioned in Vaiue of money
this constitution, the value thereof shall be computed in '^'^'^
silver, at six shillings and eight pence per ounce; and it shall fi^fjong^^ay ^"
be in the power of the legislature, from time to time, to |fj"*''"®^?*^
increase such qualifications, as to property, of the persons to ments, Arts.
be elected to offices, as the circumstances of the common- xxxiv.
wealth shall require.]

IV. All commissions shall be in the name of the Com- Provisions
monwealth of Massachusetts, signed by the governor and colS^is^lns.
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 I'pickl^sga"^"
Massachusetts; they shall be under the seal of the court i3^ray^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^^^^lr^iaSr °^
used, and approved in the Province, Colony, or State of j^^fj^*- fj'-
Massachusetts Bay, and usually practised on in the courts of 2 Mass 534
law, shall still remain and be in full force, until altered or le Pick. loV,
rep)ealed by the legislature; such parts only excepted as 2 Met. ns.
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, ex-
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 ment^continu^
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,

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
conetitution.

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, botlies, 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. 1

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

co:mmonwealth of INIASSACHUSETTS. 35

laid before the governor for his approbation, and thereby ifiogisiature

^ . • • 1 1 • 1 • • '111 adjourn in the

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

Art. II. The general court shall have full power and e^;^;j^wi,^"t'o
authority to erect and constitute municipal or city govern- j22'Mas8''354
ments, in any corporate town or towns in this common- Seeamend-
wealth, and to grant to the inhabitants thereof such powers, xlvii 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- gove^'nOT.^*"^
ship, who shall have resided wuthin the commonwealth one governo?!*^"
vear, and wdthin the town or district in which he may claim senators and

" . . '11 !• representa-

a right to vote, six calendar months next preceding any tjves.
election of governor, lieutenant-governor, senators, or repre- ments. Arts.
sentatives, [and who shall have paid, by himself, or his xkxii, xl
parent, master, or guardian, any state or county tax, which n pi^k^^ss,
shall, within two years next preceding such election, have If-p^c^^ 341
been assessed upon him, in any town or district of this com- i\?*f^s,J^!,„a

11 11 • • 1 1 11 1 1 1 5 ^^^- 1^2. 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- ^°aiffic"a*ttoii°"'*'
ators, and representatives; and no other person shall be seeamend-
entitled to vote in such election. xx.

For provision as to those who have served in the army or navy in time of 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, appoi°nTed

and removed.

CONSTITUTION OF THE

See amend-
ments, Art.
XXXVII.

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

This clause
superseded by
amendments,
Art. XVII.

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

Militia officers,
how removed.

and shall hold their offices during seven years, unless sooner
removed by the governor, with the consent of the council,
upon the address of both houses of the legislature.

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

[In case the office of secretary or treasurer of the com-
monwealth shall become vacant from any cause, during the
recess of the general court, the governor, with the advice
and consent of the council, shall nominate and appoint,
under such regulations as may be prescribed by law, a com-
petent and suitable person to such vacant office, who shall
hold the same until a successor shall be appointed by the
general court.]

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

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

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

Who may vote Art. V. [lu thc clcctions of captaius and subalterns of
subatonT.^ ''^ 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, .4rt. LIII.

Art. VI. Instead of the oath of allegiance prescribed by
the constitution, the following oath shall be taken and sub-
scribed by every person chosen or appointed to any office,
civil or military, under the government of this common-
wealth, before he shall enter on the duties of his office,
to wit : —

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

Provided, That when any person shall be of the denomina-
tion called Quakers, and shall decline taking said oath, he
shall make his affirmation in the foregoing form, omitting
the word " swear " and inserting, instead thereof, the word
" affirm," and omitting the words " So help me, God," and
subjoining, instead thereof, the words, " This I do under the
pains and penalties of perjury."

Art. VII. No oath, declaration, or subscription, except-
ing the oath prescribed in the preceding article, and the
oath of office, shall be required of the governor, lieutenant-

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

Proviso.
Quakers may
affirm.

Tests abol-
ished.

COMMONWEALTH OF MASSACHUSETTS. 37

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

Art. VIII. No iudere of any court of this commonwealth, incompatibility

, , ,. • \ 1 111- of offices.

(except the court or sessions,) and no person holdmg any 122 Mass. 445,
office under the authority of the United States, (postmasters i23Ma88. 525.
excepted,) shall, at the same time, hold the office of gov-
ernor, lieutenant-governor, or councillor, or have a seat in
the senate or house of representatives of this commonwealth;
and no judge of any court in this comm.onwealth, (except
the court of sessions,) nor the attorney-general, solicitor-
general, county attorney, clerk of any court, sheriff, treas-
urer and receiver-general, register of probate, nor register
of deeds, shall continue to hold his said office after being
elected a member of the Congress of the United States, and
accepting that trust; but the acceptance of such trust, by
any of the officers aforesaid, shall be deemed and taken to
be a resignation of his said office; and judges of the courts
of common pleas shall hold no other office under the govern-
ment of this commonwealth, the office of justice of the peace
and militia offices excepted.

Art. IX. [If, at any time hereafter, any specific and par- Amendments to
ticular amendment or amendments to the constitution be how made'."'
proposed in the general court, and agreed to by a majority Jil'nuiied'^by
of the senators and two-thirds of the members of the house oenemi'pi^'
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 commc_ncc-
Wednesday of January, instead of the last Wednesday of cai year.
May; and the general court shall assemble every year on sion fo^r ^"'^"
the said first Wednesday of January, and shall proceed, at ann™ny"^
that session, to make all the elections, and do all the other m'^ent^yCrt'
acts, which are by the constitution required to be made and lxiv, sect. 3.

CONSTITUTION OF THE

Termination
of political
year.

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

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

Article, when
to go into
operation.

Inconsistent

provisions

annulled.

done at the session which has heretofore commenced on the
last Wednesday of May. And the general court shall be
dissolved on the day next preceding the first Wednesday
of 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 resp>ective offices for one year next fol-
lowing the first Wednesday of January, and until others
are chosen and qualified in their stead.

[The meeting for the choice of governor, lieutenant-
governor, senators, and representatives, shall be held on the
second Monday of November in every year; but meetings
may be adjourned, if necessary, for the choice of repre-
sentatives, to the next day, and again to the next succeeding
day, but no further. But in case a second meeting shall be
necessary for the choice of representatives, such meetings
shall be held on the fourth Monday of the same month of
November.]

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

[This article shall go into operation on the first day of
October, next following the day when the same shall be duly
ratified and adopted as an amendment of the constitution;
and the governor, lieutenant-governor, councillors, senators,
representatives, and all other state officers, who are annually
chosen, and who shall be chosen for the current year, when
the same shall go into operation, shall hold their respective
offices until the first Wednesday of January then next follow-
ing, and until others are chosen and qualified in their stead,
and no longer; and the first election of the governor, lieuten-
ant-governor, senators, and representatives, to be had in
virtue of this article, shall be had conformably thereunto, in
the month of November following the day on which the
same shall be in force, and go into operation, pursuant to the
foregoing provision.

All the provisions of the existing constitution, inconsist-
ent with the provisions herein contained, are hereby wholly
annulled.]

coimmonwealth of Massachusetts. 39

Art. XI. Instead of the third article of the bill of Jl'^ZT
rights, the following modification and amendment thereof 1^^ ^S^of

is substituted : Rights, Art.

"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, nf
ment ; therefore, the several religious societies of this com- r|?erendulTm,
monwealth, whether corporate or unincorporate, at any ^^<^^-^-
meeting legally warned and holden for that purpose, shall
ever have the right to elect their pastors or religious teachers,
to contract with them for their support, to raise money for
erecting and repairing houses for public worship, for the
maintenance of religious instruction, and for the pajTiient 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^

. . PI- IIP 11 1 .Die polls to be

the Citizens or this commonwealth, lounded 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 wa^^s^perseded
May, shall be taken and returned into the secretary's office, m^nt^Art.
in such manner as the legislature shall provide, within the ^m i'ls^^super-
month of INIay, in the year of our Lord one thousand eight ^^l^^^g^t
hundred and thirty-seven, and in every tenth year there- Art. xxi.
after, in the month of IMay, 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 rlTabie^l^Us,
polls, at the last preceding decennial census of polls, shall be se°nTedT'^
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.

CONSTITUTION OF THE

Fractions, how
represented.

Towns may
unite into repre-
sentative dis-
tricts.

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

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

Inconsistent

provisions

annulled.

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

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

The governor and council shall ascertain and determine,
within the months of July and August, in the year of our
Lord one thousand eight hundred and thirty-seven, accord-
ing to the foregoing principles, the number of representatives,
which each city, town, and representative district is entitled
to elect, and the number of years, within the period of ten
years then next ensuing, that each city, town, and repre-
sentative district may elect an additional representative ; and
where any town has not a sufficient number of polls to elect
a representative each year, then, how many years within the
ten years, such town may elect a representative; and the
same shall be done once in ten years, thereafter, by the
governor and council, and the number of ratable polls in
each decennial census of polls, shall determine the number of
representatives, which each city, town and representative
district may elect as aforesaid; and when the number of
representatives to be elected by each city, town, or repre-
sentative district is ascertained and determined as aforesaid,
the governor shall cause the same to be published forthwith
for the information of the people, and that number shall
remain fixed and unalterable for the period of ten years.

All the provisions of the existing constitution inconsist-
ent with the provisions herein contained, are hereby wholly
annulled. 1

COINIIMONWEALTH OF MASSACHUSETTS. 41

Art. XIII. [A census of the inhabitants of each city and hSnritS'be
town, on the first day of May, shall be taken, and returned !^n^f",j"gnf,t-*
into the secretary's office, on or before the last day of June, aiiy thereafter,
of the year one thousand eight hundred and forty, and of representation.
every tenth year thereafter; which census shall determine tJ census su-
the apportionment of senators and representatives for the amendments,
term of ten years. 122 Mass. 595. and x^^i.

Tiie several senatorial districts now existing shall be per- senatorial dis-
manent. The senate shall consist of forty members; and in permane'nt.'^'''
the year one thousand eight hundred and forty, and every fogenator^s'^^
tenth year thereafter, the governor and council shall assign IX'iidments^
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-

.. 1 • .1 » 11 • T7< j^ 'j. sentatives, how

apportioned m the loliowmg manner: Every town or city apportioned.
containing twelve hundred inhabitants may elect one repre- repres^ntftfve^**
sentative; and two thousand four hundred inhabitants shall l^gnff^ents,^
be the mean increasing number, which shall entitle it to an An. xxi.
additional representative.

Every town containing less than tw'elve hundred inhab- Smaii towns,
itants shall be entitled to elect a representative as many 8e°i^ed. "^
times within ten years as the number one hundred and sixty
is contained in the number of the inhabitants of said town.
Such towns may also elect one representative for the year
in which the valuation of estates within the commonwealth
shall be settled.

Any two or more of the several towns mav, by consent of Towns may

• • n 1 I 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 plcrmt^o^of"'
which shall entitle a town or city to elect more than one, "^'''■^^e.
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

CONSTITUTION OF THE

Tho 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. 59.5,
598.

For change to
biennial elec-
tions, see
amendments.
Art. LXIV,
Beets. 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 Monday 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

commox\\t:alth of :\l\ssachusetts. 43

divide the commonwealth into eight districts of contiguous amendments,
territory, each containing a number of inhabitants as nearly i^egisiature 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- "fc. °^ '^'''*'*"^"'
tions, shall be the same as are required in the election of
governor. IWhenever there shall be a failure to elect the Vacancies, howr
full number of councillors, the vacancies shall be filled in the lorl^ew pro-
same manner as is required for filling vacancies in the senate; vacancii^see
and vacancies occasioned by death, removal from the state, Irt^'xxv"*^'
or otherwise, shall be filled in like manner, as soon as may
be, after such vacancies shall have happened.] And that Organization of
there may be no delay in the organization of the government ment?^'^'^"'
on the first Wednesday of January, the governor, with at
least five councillors for the time being, shall, as soon as
may be, examine the returned copies of the records for the
election of governor, lieutenant-governor, and councillors;
and ten days before the said first Wednesday in January he
shall issue his summons to such persons as appear to be
chosen, to attend on that day to be qualified accordingly;
and the secretary shall lay the returns before the senate and
house of representatives on the said first Wednesday in Jan-
uary, to be by them examined; and in case of the election of
either of said officers, the choice shall be by them declared
and published; but in case there shall be no election of
either of said officers, the legislature shall proceed to fill such
vacancies in the manner provided in the constitution for the
choice of such officers.

Art. XVII. The secretary, treasurer and receiver-gen- Election of
eral, auditor, and attorney-general, shall be chosen [annually,] trelslfrer.'
on the day in November prescribed for the choice of gov- Itu^rZ'-^e^-
ernor; and each person then chosen as such, duly qualified eraibythe
in other respects, shall hold his office for the term of [one For election
year] from the third Wednesday in January next thereafter, seTamend-*^ *'"
and until another is chosen and qualified in his stead. The lxiv', ^ect. i.

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 sherift's, 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-

,..,, _, *^, , . • p ,1 ' tution in

ehgible to office under the constitution or this common- Eng|i8hand
wealth, who shall not be able to read the constitution in the ^7y quaUfiTa"
English language, and write his name: provided, however, Proviso Z"*^"^^'
that the provisions of this amendment shall not apply to f^^'t^on^^^g^er"'
any person prevented by a physical disability from complx- ^'J'^^^'^f ^°*'''
ing with its requisitions, nor to anv person who now has the See also amend-

. , * 1 1 11 1 • _L i? ments. Art.

right to vote, nor to any persons who shall be sixty years or xxiii, which
age or upwards at the time this amendment shall take effect. brameZi-''

For absentee voting, see amendments, Art. XLV. X3C\1 ^^^'

Art. XXI. A census of the legal voters of each city and Census of legal

1111 1 1 1 voters and ot

town, on the first day of May, shall be taken and returned inhabitants.
into the office of the secretary of the commonwealth, on or etc
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 ^ntafivL'^t^^
and fortv members, which shall be apportioned bv the legis- consist of 240

'.'. 1 PI members.

lature, at its iirst session alter the return ot each enumera- Legislature to
tion as aforesaid, to the several counties of the common- 10 Gray, 613. '
wealth, equally, as nearly as may be, according to their
relative numbers of legal voters, as ascertained by the next
preceding special enumeration; and the town of Cohasset,
in the county of Norfolk, shall, for this purpose, as well as
in the formation of districts, as hereinafter provided, be
considered a part of the county of Plymouth; and it shall be Secretary shall
the duty of the secretary of the commonwealth, to certify, cars 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

CONSTITUTION OF THE

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

Qualifications
of representa-
tives.

122 Mass. 595,
598.

Districts to be
numbered,
described and
certified.

Quorum.
See amend-
ments. Art.
XXXIII.

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

Voters to be
basis of appor-
tionment of
senators.

Senate to con-
sist of forty
members.

law, — shall, on the first Tuesday of August next after each
assignment of representatives to each county, assemble at
a shire town of their respective counties, and proceed, as
soon as may be, to divide the same into representative dis-
tricts of contiguous territory, so as to apportion the repre-
sentation assigned to each county equally, as nearly as may
be, according to the relative number of legal voters in the
several districts of each county; and such districts shall be
so formed that no town or ward of a city shall be divided
therefor, nor shall any district be made which shall be en-
titled to elect more than three representatives. Every rep-
resentative, for one year at least next preceding his election,
shall have been an 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, wdth 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 c[uorum for doing business; but a less
number may organize temporarily, adjourn from day to day,
and compel the attendance of absent members.]

Art. XXII. A census of the legal voters of each city and
town, on the first day of INIay, shall be taken and returned
into the office of the secretary of the commonwealth, on or
before the last day of June, in the year one thousand eight
hundred and fifty-seven; and a census of the inhabitants of
each city and town, in the year one thousand eight hundred
and sixty-five, and of every tenth year thereafter. In the
census aforesaid, a special enumeration shall be made of the
legal voters, and in each city said enumeration shall specify
the number of such legal voters aforesaid, residing in each
ward of such city. The enumeration aforesaid shall deter-
mine the apportionment of senators for the periods between
the taking of the census. The senate shall consist of forty
members. The general court shall, at its first session after
each next preceding special enumeration, divide the com-
monwealth into forty districts of adjacent territory, each

COMlVrONWEALTH OF IVIASSACHUSETTS. 47

district to contain, as nearly as may be, an equal number of Ifslricts'^ltc
legal voters, according to the enumeration aforesaid : j)ro- Soe amend-
vided, however, that no town or ward of a city shall be xxiv.
divided therefor; and such districts shall be formed, as
nearly as may be, without uniting two counties, or parts
of two or more coimties, into one district. Each district of^g^i^^*'"'^
shall elect one senator, who shall have been an inhabitant
of this commonwealth five years at least immediately pre-
ceding his election, and at the time of his election shall be
an inhabitant of the district for which he is chosen; and
he shall cease to represent such senatorial district when he
shall cease to be an inhabitant of the commonwealth. [Not Quorum,
less than sixteen senators shall constitute a quorum for do- 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 1 rr' 1 1 1 11 1 two years re-

to vote, or shall be eligible to oince, unless he shall have quired of natu-
resided within the jurisdiction of the United States for two to entitle to
years subsequent to his naturalization, and shall be other- make Eligible
wise qualified, according to the constitution and laws of ThTi'lrticie
this commonwealth: -provided, that this amendment shall not A^t^xxvi^
affect the rights which any person of foreign birth possessed
at the time of the adoption thereof; and, provided, further,
that it shall not affect the rights of any child of a citizen of
the United States, born during the temporary absence of the
parent therefrom.]

Art. XXIV. Any vacancy in the senate shall be filled S'senLTe'"
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 * ° counm .
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 JS* of*^^"^
amendment of the constitution of this commonwealth, which a^nSjeT"*^
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

CONSTITUTION OF THE

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

Superseded by
Art. XXXI.

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

Voters not dis-
qualified by
reason of
change of resi-
dence until six
months from
time of removal.
For absentee
voting 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 tax.

Otherwise qualified, according to the constitution and laws
of this commonwealth: provided, that this amendment shall
not affect the rights which any person of foreign birth pos-
sessed at the time of the adoption thereof; and provided,
further, that it shall not affect the rights of any child of
a citizen of the United States, born during the temporary
absence of the parent therefrom," is hereby wholly annulled.

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

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

Art. XXIX. The general court shall have full power
and authority to provide for the inhabitants of the towns in.
this commonwealth more than one place of public meeting
within the limits of each town for the election of officers
under the constitution, and to prescribe the manner of calling,
holding and conducting such meetings. All the provisions
of the existing constitution inconsistent with the provisions
herein contained are hereby annulled.

Art. XXX. No person, otherwise qualified to vote in
elections for governor, lieutenant-governor, senators, and
representatives, shall, by reason of a change of residence
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.

COIMiMONWEALTH OF MASSACHUSETTS. 49

Art. XXXII. So much of article three of the amend- Provisions of
ments of the constitution of the commonwealth as is con- Art. iii, reia-
tained in the following words: " and who shall have paid, ment o/'aVax
by himself, or his parent, master, or guardian, any state or quaiifkation,
county tax, which shall, within two years next preceding ='""uiied.
such election, have been assessed upon him, in any town
or district of this commonwealth; and also every citizen
who shall be, by law, exempted from taxation, and who shall
be, in all other respects, qualified as above mentioned ", is
hereby annulled.

Art. XXXIII. A majority of 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 ^st'of a ''°^'
to day, and compel the attendance of absent members. All membefs."^
the provisions of the existing constitution inconsistent with
the provisions herein contained are hereby annulled.

Art. XXXIV. So much of article two of section one of Art'tiTi"^
chapter two of part the second of the constitution of the c^^p ii, Part

... • 1 • 1 r> 1 1 • 1 ' relative to

commonwealth as is contained in the rollowmg words: property quau-
"and unless he shall at the same time be seised, in his governor,
own right, of a freehold, within the commonwealth, of the '^""^ ^ "
value of one thousand pounds"; is hereby annulled.

Art. XXXV. So much of article two of section three of Arnt°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 assembly by
session, and no more, shall be paid by the government, out ho*iSe,ann°uiied*
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 v»'ithout leave ", is hereby annulled.

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

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

•1 . . p ^1 1 . . ,1. certain officers.

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

Art. XXXVIII. Voting machines or other mechanical machmes may
devices for voting may be used at all elections under such eitc'tions^'^
regulations as may be prescribed by law: provided, however, votin^^lee^*""^^
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 refatlve^to the
words : — The legislature may by special acts for the purpose g^^ ^"or^^ ^^'"^'
of lajdng out, widening or relocating highways or streets, widening or
authorize the taking in fee by the commonwealth, or by a highways, etc.

CONSTITUTION OF THE

Proviso.

Amendments,
Art. Ill,
amended.

Taxation of
wild or forest
lands.

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

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

Powers of the
general court
relative to
imposing and
levying a tax
on income;
«xemptions,
etc.

county, city or town, of more land and property than are
needed for the actual construction of such highway or street:
provided, however, that the land and property authorized to
be taken are specified in the act and are no more in extent
than 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
conser\'e 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 jx)lls any act or resolve of
the general court or any part or parts thereof. Such reference
shall be by a majority yea and nay vote of all members of
each house present and voting. Any act, resolve, or part
thereof so referred shall be voted on at the regular state
election next ensuing after such reference, shall become law
if approved by a majority of the voters voting thereon, and
shall take effect at the expiration of thirty days after the
election at which it was approved or at such time after the
expiration of the said thirty days as may be fixed in such act,
resolve or part thereof.]

Art. XLIII. The general court shall have power to
authorize the commonwealth to take land and to hold, im-
prove, sub-divide, build upon and sell the same, for the
purpose of relieving congestion of population and providing
homes for citizens: provided, hoivever, 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 MASSACHUSETTS. 51

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

Art. XLV. The general court shall have powder to pro- Powers of the
vide by law for voting by qualified voters of the common- fo°pTovid°e"by
wealth who, at the time of an election, are absent from the ientS'^voting
citv or toMTi of which they are inhabitants in the choice of foj compulsory

1* ^ votinff sec

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

Art. XLVI. (In place of article XVHI of the articles No law to pro-
of amendment of the constitution ratified and adopted cise'of'rTii^on.
IVIay 23, 1855, the following article of amendment, sub- ment^s^au ^t
mitted bv the constitutional convention, was ratified and ^f *i?1„^'J!'jf''*

*' ' oi an initiativo

adopted November 6, 1917.) Article XVIH. Section 1. ^l^^d^-
No law shall be passed prohibiting the free exercise of ments. Art.

|. . XLVIII, The

religion. initiative, II,

Section 2. All moneys raised by taxation in the towns public money
and cities for the support of public schools, and all moneys '"'* 1° ,^® ^\
which may be appropriated by the commonwealth for the educational,
support of common schools shall be applied to, and ex- reUgiousor
pended m, no other schools than those which are conducted ttons'^nof'*^"'
according to law, under the order and superintendence of public (^wnlr-
the authorities of the town or city in which the money is ^olltro?'^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 foundmg, maintaining or aiding ^cV. u^^^'
any school or institution of learning, whether under public
control or otherwise, wherein any denominational doctrine
is inculcated, or any other school, or any college, 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

CONSTITUTION OF THE

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

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

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

Initiative and

referendum,

definition.

Massachusetts and for free public libraries in any city or
town, and to carry out legal obligations, if any, already
entered into; and no such grant, appropriation or use of
public money or property or loan of public credit shall be
made or authorized for the purpose of founding, maintaining
or aiding any church, religious denomination or society.

Section 3. Nothing herein contained shall be construed
to prevent the commonwealth, or any political division
thereof, from paying to privately controlled hospitals,
infirmaries, or institutions for the deaf, dumb or blind not
more than the ordinary and reasonable compensation for
care or support actually rendered or furnished by such hospi-
tals, infirmaries or institutions to such persons as may'be in
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 effect until
the October first next succeeding its ratification and adop-
tion by the people.

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

Art. XLVIII.

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 powder 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 INIASSACHUSETTS. 53

The Initiati\te.
//. Initiative Petitions.

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

Sf:cTiox 2. Excluded Matters. — No measure that relates Certain mat-
to religion, religious practices or religious institutions; or to be pressed
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 rourt, when\
court shall raise by taxation or otherwise and shall appro- by the^ptS^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 s^cTiie'd Urt.
October in the year nineteen hundred and eighteen, nor this J^^b^^iubT^t
provision for its protection, shall be the subject of an initia- amerldmint.
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 bf^^^
laration of rights, shall be the subject of an initiative or inkiaUve'or
referendum petition: The right to receive compensation referendum
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 matterl
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 |^®ff^"i^g
court in the constitution shall extend to the legislative power limitations

(> . 1 1 '111 extended.

01 the people as exercised hereunder.

initiative or

referendu

petition.

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 by ten qualified voters of the commonwealth
and shall then be submitted to the attorney-general, and if
he shall certify that the measure is in proper form for sub-
mission to the people, and that it is not, either affirmatively
or negatively, substantially the same as any measure which
has been qualified for submission or submitted to the people
within three years of the succeeding first "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.

Reference to

legislative
committee and
report thereon.

Legislative
substitute for
initiative
measure.

III. Legislative Action. General Provisions.

Section 1 . Reference to Committee. — If a measure is in-
troduced into the general court by initiative petition, it shall
be referred to a committee thereof, and the petitioners and
all parties in interest shall be heard, and the 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.

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

COMI\ION\VEALTH OF MASSACHUSETTS. 55

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

IJ'. Legislative Action on Proposed Constitutional Amend-
ments.

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

Section 2. Joint Session. — If a proposal for a specific Joint session
amendment of the constitution is introduced into the general amen'dment to
court by initiative petition signed by not less than twenty- tkfn^"^*'*""
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 ^^en governor
upon a time for holding any joint session hereby required, or ^M^ ^^^^ i°'"'^
fail to continue the same from time to time until final action
has been taken upon all amendments pending, the governor
shall call such joint session or continuance thereof.

Section 3. Amendment of Proposed Amendments. — A Proposed

,„ iji ... amendment

proposal tor an amendment to the constitution introduced to the consti-
by initiative petition shall be voted upon in the form in in which to be
which it was introduced, unless such amendment is amended ''^^^^ ^^°'
by vote of three-fourths of the members voting thereon in
joint session, which vote shall be taken by call of the yeas
and nays if called for by any member.

Section 4. Legislative Action. — Final legislative action Final legisia-
in the joint session upon any amendment shall be taken only bHakOT^by"
by call of the yeas and nays, which shall be entered upon ^^^^ "^""^ "^y^-
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- co^t^^"®""*^

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. Siibmusion 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 legislati\e 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
la'-v proposed
by initiative
petition, etc.

When measjire
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 na\'S in both houses before the first
Wednesday of June upon the enactment of such law in the
form in which it stands in such petition. If the general
court fails to enact such law before the first Wednesday of
June, and if such petition is completed by filing with the
secretary of the commonwealth, not earlier than the first
Wednesday of the following July nor later than the first
Wednesday of the following August, not less than five thou-
sand signatures of qualified voters, in addition to those sign-
ing such initiative petition, which signatures must have
been obtained after the first Wednesday of June aforesaid,
then the secretary of the commonwealth shall submit such
proposed law- to the people at the next state election. If it
shall be approved by voters equal in number to at least
thirty per cent of the total number of ballots cast at such
state election and also by a majority of the voters voting on
such law, it shall become law, and shall take effect in thirty

CO:\BION\YEALTH OF MASSACHUSETTS. 57

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

Section 2. Amendment by Petitioners. — If the general ofTroJ^se'r
court fails to pass a proposed law before the first Wednesday i^^ ^y pcti-

, . . -^ „ , „ . p , . . . . tioners and

of June, a majority of the first ten signers or the initiative submission of
l^etition therefor shall have the right, subject to certification the peopio by
l)y the attorney-general, filed as hereinafter provided, to of'thrcom-^
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
b\' a majority of the first ten signers, is filed with the secre-
tary of the commonwealth before the first Wednesday of
the following July, together with a certificate signed by the
attorney-general to the effect that the amendment made by
such proposers is in his opinion perfecting in its nature and
does not materially change the substance of the measure,
and if such petition is completed by filing with the secretary
of the commonwealth, not earlier than the first Wednesday
of the following July nor later than the first Wednesday of
the following August, not less than five thousand signatures
of qualified voters, in addition to those signing such initia-
tive petition, which signatures must have been obtained after
the first Wednesday of June aforesaid, then the secretary of
the commonwealth shall submit the measure to the people
in its amended form.

VI. Conflicting and Alternative Pleasures.

If in any judicial proceeding, provisions of constitutional andiitlniltive
amendments or of laws approved by the people at the same ^hfch'^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 the people, etc.
affirmative votes at such election shall govern.

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

The general court, by resolution passed as hereinbefore General court
set forth, may provide for grouping and designating upon grouping, etc.,
the ballot as conflicting measures or as alternative measures, ballot.
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

CONSTITUTION OF THE

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

ballot shall afford an opportunity to the voter to vote for
each of the measures or for only one of the measures, as 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
vote required for its approval as herein provided, only that
one for which the largest affirmative vote was cast shall be
deemed to be approved.

When laws
passed by
general coiirt
take effect.

Emergency
law to contain
preamble.

Yea and nay
vote thereon.
See amend-
ments, Art.
LXVII.

How governor
may cause
certain laws
to take effect
forthwith.

Exception.

The Referendum.
I. When Statutes shall take Effect.

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

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

COMMONWEALTH OF MASSACHUSETTS. 59

///. Referendum Petitions.
Section' I, Contents. — A referendum petition may ask Contents of

1 111 referendum

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

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

. ,, i*r>j.*j. 1 L' of a referendum

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

Section 3. Mode of Petitioning for the Suspension of a Mode of
Law and a Referendum thereon. — A petition asking for a forthe"s^-
referendum on a law, and requesting that the operation of liwanda^*
such law be suspended, shall first be signed by ten qualified [hereom'^
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 interv^ene, 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-

S3.rv tor

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

CONSTITUTION OF THE

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

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

Votes neces-
sary for
approval, etc.

such law; if not so approved such law shall be null and voidr
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 Laiv the Suspension of which is not asked for. — A
referendum petition may ask for the repeal of an emergency
law or of a law which takes effect because the referendum
petition does not contain a request for suspension, as afore-
said. Such petition shall first be signed by ten qualified
voters of the commonwealth, and shall then be filed with
the secretary of the commonwealth not later than thirty
days after the law which is the subject of the petition has
become law. The secretary of the commonwealth shall pro-
vide blanks for the use of subsequent signers, and shall print
at the top of each blank a description of the proposed law as
such description will appear on the ballot together with the
names and residences of the first ten signers. If such peti-
tion filed as aforesaid is completed by filing with the secre-
tary of the commonwealth not later than ninety days after
the law which is the subject of the petition has become law
the signatures of not less than ten thousand qualified voters
of the commonwealth protesting against such law and asking
for a referendum thereon, then the secretary of the common-
wealth shall submit such law to the people at the next state
election, if thirty days intervene between the date w^hen
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.
I. Identification and Certification of Signatures.

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

COMMONWEALTH OF 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 Lawtoregu-

I , •iiij.ij. j^i' late petitions

general court may provide by law that no co-partnership circulated for
or corporation shall undertake for hire or reward to circulate "^ °^ reward.
petitions, may require individuals who circulate petitions
for hire or reward to be licensed, and may make other reason-
able regulations to prevent abuses arising from the circula-
tion of petitions for hire or reward.

II. Limitation on Signatures.

Not more than one-fourth of the certified signatures on Limitation on
any petition shall be those of registered voters of any one ^"^'■^'=^-
county.

III. Form of Ballot.

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

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

TES.

NO.

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?

YES.

NO.

IV. Inform.ation for Voters.

The secretary of the commonwealth shall cause to be Certain in-
printed and sent to each registered voter in the common- io'ter'^'^toVe*"^
wealth the full text of every measure to be submitted to the g^reu^y of
people, together with a copy of the legislative committee's ^''eaWi™™°°"
majority and minority reports, if there be such, with the

CONSTITUTION OF THE

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

Governor's
veto not to
extend to
certain
measures.

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

V. The Veto Power of the Governor.

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

VI. The General Court'' s Power of Repeal.

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

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

VII. Amendment declared to be Self -executing.

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

Amendments,
Arts. IX and
XLII,
annulled.

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

Regulation
by 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 private property witliin public view may be regulated
and restricted by law.

COMMONWEALTH OF MASSACHUSETTS. 63

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

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

Art. LIII. Article X of Section I of Chapter II of the Certain articles
constitution, the last two paragraphs of Article IV of the ann^fed and"
articles of amendment, relating to the appointment of a ^"p*'^^'^®'^-
commissary general and the removal of militia officers, and
Article V of the articles of amendment are hereby annulled,
and the following is adopted in place thereof: Article X. ^Jvaf officers,
All militarv and naval officers shall be selected and appointed ^°T appointed

^ 1 • 1 1 ^""^ removed,

and may be removed m such manner as the general court etc.
may by law prescribe, but no such officer shall be appointed
unless he shall have passed an examination prepared by a
competent commission or shall have served one year in
either the federal or state militia or in military service. All
such officers who are entitled by law to receive commissions
shall be commissioned by the governor.

Art. LIV. Article VII of Section I of Chapter II of the Certain article
constitution is hereby annulled and the following is adopted ann^ied'^^d''
in place thereof : Article VII. The general court shall pro- M^f^^^ '^td
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 VI of Section III of Chapter II of the Certain article
constitution is hereby annulled and the following is adopted annuHed'and"
in place thereof: Whenever the offices of governor and o'tder^o'f^'^
lieutenant-governor shall both be vacant, by reason of death, succession in
absence from the commonwealth, or otherwise, then one governor, etc,
of the following officers, in the order of succession herein 'v°ac'^ncy'!^

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

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

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

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

Art. LXI. The general court shall have authority to
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 assot'iation, or of
any corporation which is privately owned and managed.

for certain
purposes.

COMMONWEALTH OF IVIASSACHUSETTS. 65

Section 2, The commonwealth may borrow money to common-
repel invasion, suppress insurrection, defend the common- b^row money
wealth, or to assist the United States in case of war, and
may also borrow money in anticipation of receipts from
taxes or other sources, such loan to be paid out of the rev-
enue of the year in which it is created.

Section 3. In addition to the loans which may be con- Two-thirds
tracted as before provided, the commonwealth may borrow vote^of^ '^^^
money only by a vote, taken by the yeas and nays, of two- flquired'to'^*
thirds of each house of the general court present and voting '^""^ 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 money limited.
for the reduction or discharge of the principal of the loan.

Art. LXIII. Section 1. Collection of Revenue. — All <^°"««"°" °f

1 i> 1 11/. revenue.

money received on account oi the commonwealth from any
source w^hatsoever shall be paid into the treasury thereof.

Section 2. The Budget. — Within three weeks after the The budget,
convening of the general court the governor shall recom- '=°"*®°*^' ®*<=-
mend to the general court a budget which shall contain a
statement of all proposed expenditures of the commonwealth
for the fiscal year, including those already authorized by
law, and of all taxes, revenues, loans and other means by
which such expenditures shall be defrayed. This shall be General court
arranged in such form as the general court may by law forSTt"^^
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 SforStlon.
department to furnish him with any information which he
may deem necessary.

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

COXSTITUTIOxX OF THE

Si>ecial appro-
priation bills
may be
enacted, when.

Governor may
disapprove,
etc., items or
parts of itema
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 councillors shall hold their respective offices from the
first Wedniesday in January succeeding their election to and
including the first Wednesday in January in the third year
following their election and until their successors are chosen
and qualified. The terms of senators and representatives
shall begin with the first Wednesday in January succeeding
their election and shall extend to the first Wednesday in
January in the third year following their election and until
their successors are chosen and qualified. The terms of the
secretary, treasurer and receiver-general, attorney-general
and auditor, shall begin with the third Wednesday in Janu-
ary succeeding their election and shall extend to the third
Wednesday in January in the third year following their
election and until their successors are chosen and qualified.

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

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

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

CO.^LMOXWEALTII OF ]\IASSACHUSETTS. 67

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

Art. LXV. No person elected to the general court shall Members of

1 • c 1 • 1 1 111 . , the general

dunng the term tor which he was elected be appomted to court not to
any office created or the emoluments whereof are increased to certain

,'• 1, • Ji'i' 11 offices, nor

dunng such term, nor receive additional salary or compensa- receive com-
tion for service upon any recess committee or commission ?ecest*com-°
except a committee appointed to examine a general revision ^J,"®*^' ^''^'^p*'
of the statutes of the commonwealth when submitted to the
general court for adoption.

Art. LXVI. On or before January first, nineteen hun- organization
dred twenty-one, the executive and administrative work of thaT t^enTy
the commonwealth shall be organized in not more than to perform the
twenty departments, in one of which every executive and adm^n|g®rat"ve
administrative office, board and commission, except those ^ork of the

, , , , ., common-

officers serving directly under the governor or the council, wealth,

shall be placed. Such departments shall be under such

supervision and regulation as the general court may from

time to time prescribe by law.

Art. LXVII. Article XLVIII of the Amendments to the Amendments,

Constitution is hereby amended by striking out, in that part amendeZ"^

entitled "II. Emergency Measures", under the heading

"The Referendum", the words "A separate vote shall be

taken on the preamble by call of the yeas and nays, which

shall be recorded, and unless the preamble is adopted by

two-thirds of the members of each House voting thereon,

the law shall not be an emergency law; but " and substituting

the following: — A separate vote, w^hich shall be recorded, when yea and

shall be taken on the preamble, and unless the preamble is preamble shall

adopted by two-thirds of the members of each House voting

thereon, the law shall not be an emergency law. Upon the

request of tw'o members of the Senate or of five members of

the House of Representatives, the vote on the preamble in

such branch shall be taken by call of the yeas and nays. But

The constitution of Massachusetts was agreed upon by delegates
of the people, in convention, begun and held at Cambridge, on the
first day of September, 1779, and continued by adjournments to
the second day of March, 1780, when the convention adjourned to
meet on the first Wednesday of the ensuing June. In the mean

68 CONSTITUTION OF THE

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. WTien 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.

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

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

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

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

The General Court of the ,year 1851 passed an Act calling a third
Convention to revise the Constitution. The Act was submitted to
the people, and a majority voted against the proposed Convention.
In 1852, on the 7th of May, another Act was passed calling upon
the people to vote upon the question of calling a Constitutional
Convention. A majority of the people having voted in favor of
the proposed Convention, election for delegates thereto took place
in March, 1853. The Convention met in the State House, in
Boston, on the 4th day of 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-

CO:\LA ION WEALTH OF MASSACHUSETTS. 69

vention agreed to a form of Constitution, and on the same day was
dissolved, after liaAing provided for submitting the same to the
people, and appointed a comniittee to meet to count the votes,
and to make a return thereof to the General Court. Tlie 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 wore
adopted by the legislatures of the political years 1856 and 1857,
respectively, and ratified by the people on the first day of May,
1857.

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

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

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

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.

70 CONSTITUTION OF THE

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

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

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

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

The thirty-seventh Article was adopted by the legislatures of the
political years 1906 and 1907, and was approved and ratified by the
people on the fifth day of November, 1907.

The thirty-eighth Article was adopted by the legislatures of the
political years 1909 and 1910, and was approved and ratified by the
people on the seventh day of November, 1911.

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

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;

co:\l:\rox^YEALTH of Massachusetts. 71

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
xartue of authority contained in the act, called upon the people
to elect delegates at a special election to be held on the first Tuesday
in May, 1917. The election was on May 1. In accordance with
the provisions of the act, the delegates met at the State House on
June 6, 1917, and organized by choosing John L. Bates, president,
and James W. Kimball, secretary. After considering and acting
adversely on numerous measures that had been brought before it,
and after providing for submitting to the people the forty-fifth,
forty-sixth and forty-seventh Articles, at the state election of 1917,
and the Article relative to the establishment of the popular initia-
tive and referendum and the legislative initiative of specific amend-
ments of the Constitution (Article forty-eight) at the state election
of 1918, the Convention adjourned on November 28 "until called
by the President or Secretary to meet not later than within ten
days after the prorogation of the General Court of 1918."

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

On Wednesday, June 12, 1918, the convention reassembled and
resumed its work. Eighteen more articles (Articles forty-nine to
sixty-six, inclusive) were approved by 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 within 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.

72 CONSTITITION OF MASSACHUSETTS.

On Tuesdaj', 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 day, a sub-committee of the
Special Committee on Rearrangement of the Constitution was "em-
powered to correct clerical and typographical errors and establish
the text 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.)

The sixty-seventh Article was adopted by the legislatures of the
political years 1920 and 1921, and was approved by the people
on the seventh day of November, 1922.

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.

IM)EX TO THE CONSTITUTION.

-A.. PAOB

Abatements, exemptions, etc., from tax on income, may be granted by-
general court, .......... 51

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

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

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

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

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

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

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

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

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

16, 18
63
22
22

Adjournment, of separate houses of general court,

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

Adjutant general appointed by the governor, ....

Adjutants to be appointed by commanding officers of regiments,

Administrative work of the commonwealth, organization of, into not more
than twenty departments, ......

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

Affirmations, instead of the required oaths, may be made by Quakers,

Agricultural resources, conservation of, .... .

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

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

Allegiance, oaths and affirmations of, .....

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

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

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 shaU be submitted to the people, and, if approved by them
by a majority vote, becomes a part of the constitution, .
under initiative and referendum, and articles IX and XLII of amend-
ments to constitution annulled, . . . . . . 55, 56, 62

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

[75]

67
62
31,36
62
30
27
30, 31, 36
64

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

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

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

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

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

on basis of legal voters, and state to be divided into forty districts, . 46
Apportionment of representatives, . . . . . . 16, 39, 40, 41, 45

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

from proposal by initiative or referendum petition, . . . 53, 59
Appropriation bill, the general, to be based upon the budget, etc., . . 65
Appropriation bills, special, may be enacted after final action on general appro-
priation bill, .......... 66

Appropriations, origin of money 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

Amis, 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 COx\STITUTION.

Attorney-general, vacaacy 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

ofRce to be deemed vacant if person elected or appointed fails to be quali-
fied within ten daj^, ......... 44

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

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

description on ballot undet 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 determmed by legislature, ....... 44

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

not eUgible, 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

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

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

Ballot, voting by, and voting machines, ......

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

Biennial election of senators, representatives and certain state officers to
begin in November, 1920, .......

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

Bill of rights, declaration of, ....... .

certain individual rights not to be subject of initiative or referendum
petition, ..........

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

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

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

17,49

56,60

66
65

66
4-10

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

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

TO THE CONSTITUTION. 79

Cities aad towns not toWd certain schools, educational, charitable, religious

or other instituftons with moneys raised by taxation, ... 51

may limit buildings for use, etc., to specified districts, .... 64

may take ancient landmarks for public use, ..... 63

Cities and towns, etc., to provide food and shelter during time of war, etc., . 52
Citizens, homes for, general ^ourt empowered to take land for relieving con-
gestion of population and providing, ...... 50

City, etc., law restricted to a particular, to be excluded from proposal by

initiative or referendum petition, . . . . . . 53, 59

Civil cases, right to trial by jury, ........ 8

Civil officers, meeting for election to be held annually on the Tuesday next after

the first Monday in November, ....... 42

whose election is provided fol by the constitution to be elected bj^ a

plurality of votes, ......... 42

Clerk of house of representatives not to be legislator, .... 32

Clerks of courts, elected by the people of the several counties, ... 44
incompatible offices, .......... 32, 37

Clerks of towns to make records and returns of elections, .... 14

Collection of revenue into the treasury, ....... 65

College, not publicly owned, etc., grant of public money forbidden to, . . 51

Colonial laws, not repugnant to the constitution, continued in force, . . 33
Commander-in-chief, governor to be, ....... 20, 63

Commerce, agriculture and the arts, to be encouraged, .... 30

Commissary-general appointed and commissioned as fixed by law, . 26, 36, 63

Commission officers, tenure of office to be expressed in commissions, . . 26

Commission to prepare examinations for military and naval officers, . . 63
Commissioners of insolvency elected by the people of the several counties;

annulled, 44, 49

Commissions, to be in the name of the commonwealth, signed by governor,

attested by the secretary, and have the great seal affixed, . . 33

to military and naval officers, by the governor, ..... 63

recess committees or, members of general court not to receive salary

for service upon, except, etc., ....... 67

Common pleas, judges of the courts of, restriction on office holding by, . 37
Commonwealth, not to aid certain schools, educational, charitable, religious

or other institutions with moneys raised by taxation, etc., . . 51
not to give credit to aid any individual, private association or private

corporation, .......... 64

to provide food and shelter during time of war, etc., .... 52

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

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

may take ancient landmarks, etc., for public use, .... 63

may borrow money to repel invasion, etc., ...... 65

Compact of government, . . . . . . . • . 3, 4

Compensation, additional, not to be paid members of general court for service

upon recess committees, except, etc., ...... 67

Compulsory voting, general court to have authority to provide for, . . 64

INDEX TO THE CONSTITUTION.

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 comnonwealth,
of wild and forest lands, ......

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

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

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

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

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

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

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

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

confficting and alternative measures at one election,

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

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

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

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

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

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

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

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

Coroners, appointment of, ........ .

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

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

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

PAGE

57,58
57, 58

50
27
37
37
62
50

52-56
55
62

37,55

34
53,54

53
54,55

55
55,56

56
57,58
60,61

61
61, 62

53
53,59
64
62
21

64
64

INDEX TO THE CONSTITUTION. 81

PAGE

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

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

to take oath of office before the president of the senate in 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, .......... 25

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

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

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

authority to exercise powers of governor and lieutenant governor when

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

no property qualification required, . . . .42

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

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

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

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

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

vacancy to be filled by election of a resident of the district by concurrent
vote of the senate and house; if legislature is not in session, to be
filled by governor with advice of council, ..... 47

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

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

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

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

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

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

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

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

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

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

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

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

Courts, clerks of, elected by the people of the several counties, ... 44
Courts, the powers, creation or abolition of, not a subject for initiative or

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

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

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

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

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

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

82 INDEX TO THE CONSTITUTION.

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

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

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

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

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

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

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

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

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

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

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

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

Description on ballots under the initiative and referendum to be determined

by 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 referendiun peti-
tion, . . . . . . . . . . . . 53, 59

Divorce, alimony, etc., . 27

INDEX TO THE CONSTITUTION.

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

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

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

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

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

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

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

etc., 50,56,57,

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

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

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

Elections, biennial, for certain state officers, senators and representatives
first to be held in November, 1920, .....

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

Elections, by the people, of civil officers provided for by the constitution, to
be by plurality of votes, .......

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

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

other common necessaries of life and shelter during,
Emergency laws, to contain preamble, etc.,
referendum on, petitions for,
yea and nay vote, when required upon.
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

59,60

42,66

42
14,43

66
6

42
49
51
53
64
66

52
58
60
67
6,62
53
33
63

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,

£Jx posi/arfo 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

53,59

67
51

52
29,38

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

42
19,49

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

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

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

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

INDEX TO THE CONSTITITION. 85

General court, formed by two branches, a senate and house of re{)resenta-

tives, each having a negative on the other, ..... 10, 11

to assemble every year on the first Wednesday of January, at such other
times as they shall judge necessary, and whenever called by the
governor, with the advice of council, ..... 11,20,37

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

may make wholesome and reasonable laws and ordinances not repugnant

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

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

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

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

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

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

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

maj' take recess of not more than thirty days, ..... 63

session niaj^ 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, ...

person 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 voters required to submit laws enacted by the, for

ratification, etc., by the people, . . . 52, 54, 55, 56, 57, 59, 60

shall raise and appropriate money to carry into effect laws enacted by

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

INDEX TO THE CONSTITUTION.

General court, legislative power shall continue to be vested in, except, as

provided by initiative and referendum petitions, etc.,
members of, not eligible for appointment to certain offices, except, etc., .
senate and house of representatives, number of, required for call of yeas

and nays on emergency laws, .......

provision for submission of bills and resolves of, to the people on referen-
dum; and annulled, .........

powers of, relative to the taking of land, etc., to relieve congestion of

population and to provide homes for citizens, ....

to determine manner in which the commonwealth, cities and towns may

provide food and shelter in time of war, etc., . . . .

to provide by law for absent voting, ....
to provide for compulsory voting, ....
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
effect of adjournment of, upon items disapproved by governor in general

appropriation bill, but not returned within five days,
to take yea and nay vote on loans contracted by the commonwealth,
to have authority to provide for compulsory voting at elections,
to have power to limit buildings for use in cities and towns, .
to provide for taking certain natural resources, ....
may amend or repeal laws approved by the people subject to governor's

veto and referendum, ......

may regulate taking of ancient landmarks and property of historical

interest, ........

may prescribe by law for appointment and removal of military and naval

officers, etc., .......

to provide for recruitment, etc., of military and naval forces,

may authorize the governor to make regulations, etc., for the military

and naval forces, ........

governor may return bill or resolve to, recommending amendment, etc.,
governor to recommend to, term for which commonwealth loan shall be

contracted, ........

shall assemble every year on the first Wednesday in January,
Government, objects of, .

Government by the people, as a free, sovereign and independent state
Governor, the supreme executive magistrate, styled, — The Governor of the

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

elected annually; 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, ....... 30,

52
67

50,62

52
51

66
65
64
64
62

63
63

63
64

4,5,6

38,66

36,49

38,66

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

31.36

INDEX TO THE CONSTITUTION.

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 be

contracted, ........ 65

vacancy in office of, powers to be exercised by the lieutenant governor, . 24
and lieutenant governor, vacancy in office of, powers to be exercised by

the council; and annulled, . . . . .25,63

vacancy in offices of both governor and lieutenant governor, powers to
be exercised in order of succession by secretary, attorney-general,
treasurer and receiver general, and auditor, ..... 63

with advice of council, may adjourn or prorogue the legislature upon re-
quest, and convene the same, ....... 20

may adjourn or prorogue the legislature for not exceeding ninety days
when houses disagree, or may direct session to be held in other than
the usual place in case of an infectious distemper prevailing, . 20

to appoint all judicial officers, notaries public and coroners; nominations

to be made at least seven days before appointment, etc., 21, 35, 49, 64

to appoint officers of the continental army, ...... 22

may pardon offences, but not before conviction, ..... 21

may fill vacancy in council occurring when legislature is not in session, . 47
with consent of council, may remove judicial officers, upon the address

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

to commission all military and naval officers, ..... 22, 63

to call joint session on constitutional amendments, .... 55

to fill vacancies in certain elected executive offices, .... 44

to have power to cause certain laws to take effect forthwith, . . 58

with consent of council, may retire judicial officers for certain reasons, . 64
to recommend budget and supplementary budgets to the general court, . 65
may disapprove or reduce items or parts of items in any bill appropriating

money, 66

Governor and council, to examine election returns, . . . . . 15, 44

may punish persons guilty of disrespect, etc., by imprisonment not exceed-
ing thirty days, .......... 18

quorum to consist of governor and at least five members of the council, . 20
may require the attendance of the secretary of the commonwealth in

person or by deputy, ........ 26

may require the opinions of the justices of the supreme judicial court

upon important questions of law, etc., ...... 27

to hear and determine all causes of marriage, divorce and alimony, and

appeals from judges of probate, etc., ...... 27

officers serving directly under, not to be included in any of the twenty

departments, .......... 67

Guardian, parent or, consent of, required to have minor in a publicly controlled

reformatory, etc., attend religious services, etc., .... 52

INDEX TO THE CONSTITUTION.

PAGE

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

not to be suspended by legislature except upon most urgent occasions, 33
Harvard College, powers and privileges, gifts, grants and conveyances con-
firmed, 28, 29

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

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

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

Hereditary offices and privileges, absurd and unnatural, . . . . 5, 6

Highways, etc., taking of land for widening or relocating, powers of the legis-
lature concerning, ......... 49, 50

Hire or reward, petitions circulated for, under initiative and referendum, to

be regulated by general court, ....... 61

Historical property, preservation of, . . . . . . . .63

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

support of, ...... . 51, 52

Homes for citizens, general court given power to take land for relieving con-
gestion of population and providing, ...... .50

Hospital, not publicly owned, etc., grant of public money forbidden to, . 51

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

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

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

a representation of the people annually elected and founded upon the

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

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

expense of travel once every session each way, to be paid by the govern-
ment; provision annulled, . . . . . . 17, 49

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

records, ........... 11

qualifications of members, ....... 17, 42, 46

to judge of the qualifications of its own members, . .18

must be an inhabitant of district for one year preceding election, and
shall cease to be a member when ceasing to be an inhabitant of the

state, 46

members not to be arrested on mesne process during going to, return-
ing from, or attending the general assembly, . . . . .18

the grand inquest of the commonwealth, ...... 18

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

amendments, .......... 18

not to adjourn more than two days at a time, ..... 18

may, by concurrent vote, take a recess of not more than thirty days, . 63

quorum of, 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 CONSTITUTION.

House of representatives, may require the attendance of secretary of the com-
monwealth in person or by deputy, ......

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

clerk of, not to be a legislator, .......

meeting for election to be held on the Tuesday next after the first Monday
of November, .........

members, to be elected biennially, ......

five, may request call of yeas and nays on preamble of emergency laws,

in case of failure to elect, meeting to be held on the fourth Monday of
November, .........

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

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

no district entitled to elect more than three representatives, .

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, ...........

27
32

42
66
67

45, 46
46

Impeaclmaents, 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 propjosition 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

INDEX TO THE CONSTITUTION.

Initiative (see also Referendum) : — Concluded.

excluded matters, .........

transmission of petition to general court, .....

reference of measure to committee of general court,
procedure in general court on petition for amendment, .
legislative substitute for initiative measure, ....

submission of amendment to the people, necessary vote,
procedure in general court on petition for law, submission to the people
and necessary vote, ........

amendment of proposed law by petitioners and submission to the people
by the secretary of the commonwealth, ....

conflicting and alternative measures at the same election, which shall
govern, etc., .........

identification, certification and limitation on signatures to petitions
etc., ...........

general 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 publicly owned, etc., grant of public money forbidden,

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

for the care actually rendered such persons, . .

reformatory, penal or charitable, publicly controlled, not to deprive in

mate of the opportunity of religious exercises of his own faith, etc.,
of learning, wherein any denominational doctrine is inculcated, not to be
aided, etc., by grant of public money or credit.
Instruction of representatives, ........

Insurrection, commonwealth may borrow money to suppress, etc.,
Interests, lands or easements, in connection with certain natural resources
may be taken, .........

Invasion, governor may employ military and naval forces to repel,

commonwealth may borrow money to repel, etc..
Items or parts of items in any bill appropriating money, governor may dis'
approve or reduce, ........

Items, etc., in appropriation bill disapproved, etc., when to have force of
law, or not be law, ........

INDEX TO THE CONSTITUTION.

PAGE

Judges, appointment, recall or removal of, not subjects for initiative or referen-
dum petition, . . . . . . . . 53, 59

Judges of courts may not hold certain other offices, . . . . 32, 37

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

to have honorable salaries established bv standing laws, . 10, 24, 26, 27

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

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

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

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

may administer oaths or affirmations, ...... 12

Judicial decision, reversal of a, not a subject for initiative petition, . . 53

Judicial department, not to exercise legislative or executive powers, . . 10

Judicial officers, appointed by the governor with consent of coimcil; nomina-
tions to be made seven days prior to appointment, . . . 21, 22
to hold office during good behavior, except when otherwise provided by

the constitution, ......... 26, 27

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

houses of the legislature, ........ 26, 27

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

reasons, ........... 64

Jury, right of trial by, not a subject for initiative or referendum petition, . 53
Jury, trial by, right secured, ......... 7

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

removal of, from office, ......... 49

judges may be appointed as, . . . . . . . . 32, 37

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, ........ .

€X 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

8,9

92 INDEX TO THE CONSTITUTION.

Laws, passed by the general court, when to take effect, .... 58

approved by the voters, when to take effect, . . . . . 56, 59

emergency, to contain preamble, etc., ...... 58

enacted by the general court, unless expressly excluded, made subject

to referendum to the people, . . . . . .59

relating to certain subjects to be considered matters excluded from initia-
tive and referendum petitions, . . . . . . 53, 59

approved by the people, may be amended or repealed by the general

court, ........... 62

submission of, to the people for approval, ratification or rejection, under

the popular referendum, ........ 52

Learning, school or institution of, wherein any denominational doctrine
is inculcated, not to be aided, etc., by grant of public money or
credit, ........... 51

Legal obligations, grant of public Aioney or credit permitted to carry out

certain, ........... 52

64,67

Legislative department not to exercise executive or judicial powers,
Legislative power, of the general court, . . 8-18, 35, 48, 50, 51, 63

to be vested in general court, except, ......

of the people, limitations, ........

Legislature (see General court).

Liberty of the press, essential to the security of freedom,

Libraries, free public, appropriations may be made for maintenance of, . 52

Licenses to be issued to individuals who circulate initiative and referendum

petitions for hire or reward, ....... 61

Lieutenant governor, to be annually elected in November, — title of. His
Honor; who shall be qualified same as governor; changed to bien-
nial election, 24,38,42,49,66

qualifications, . . . . . 24, 44, 49

in the absence of governor, to be president of the council, ... 24
to be acting governor when the chair of the governor is vacant, . . 24

vacancy in offices of both governor and, powers to be exercised in order
of succession by secretary, attorney-general, treasurer and receiver
general, and auditor, ......... 66

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

houses, . . . . . . . . . . 30, 31, 36

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

term of office, . . . . . . . . . . 38, 66

Limitations, certain, on legislative power of the general court, shall extend

to legislative power of the people, ...... 53

on signatures of petitions, under the initiative and referendum, in any

one county, .......... 61

Literature and the sciences to be encouraged, ...... 29

Loans, certain, to be paid out of revenue of the year in which created, . . 65

to be contracted only by yea and nay vote of each house, ... 65
Localities of the commonwealth, law restricted to particular, to be excluded

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

INDEX TO THE CONSTITUTION.

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

or inflict cruel punishments,
Magistrates and officers accountable to the people.
Major generals, elected by senate and house of representatives by concun-ent
vote, .......

may appoint their aids, .....

Marriage, divorce and alimony, ....

Martial law, only those employed in the army and navy, and the militia in
actual service, subject to, except by authority of legislature, .
protection from, not a subject for initiative or referendum petition.
Matters, excluded, from initiative and referendum petitions.
Military power, subordinate to civil authority, .....

Militia, not to be obliged bj^ commander-in-chief to march out of the limits of
the state, .......

captains and subalterns, elected by the train-bands,
all members of companies may vote, including minors
field officers, elected by captains and subalterns, .
brigadiers, elected by field officers,
major generals, elected by senate and house of representatives by concur-
rent vote, ........

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

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

appointment of staff officers, .....

organization; divisions, brigades, regiments and companies.
Militia and naval forces, recruitment, etc., of, .
Militia and naval officers, selection, appointment and removal of,
Mineral resources and rights, conservation of, etc..
Minor, in publicly controlled reformatory, etc., not compelled to attend reli-
gious services, etc., without consent of parent or guardian.
Mode of originating initiative petitions, .....

Mode of petitioning for suspension of a law and a referendum thereon,
Money, issued from treasury by warrant of governor, etc., .

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

borrowed, expenditure of, limited,
borrowed in anticipation of receipts from taxes, when loan shall be paid,
all, received on account of the commonwealth to be paid into the treasury,
bills appropriating, governor may disapprove or reduce any items or jjarts
of items in, ..........

certain appropriations of, from treasury of the commonwealth, excluded
from initiative and referendum petitions, .....

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

9
5

22
22

9
53

53,59

22,36

22
22

22,36
22

22,23
63
63
62

52
54
59
23

33
65
65
65

53,59
18

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

Name, change of, by women notaries public renders commission void, but

reappointment may be made, etc., ...... 64

Natxu-al 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

Oaths and affirmations, may be administered b\' courts and judicatories,

how and by whom taken and subscribed, ..... 30,

forms of , . . . . . . . . .30,

Quakers may affirm, ........

to be taken by all civil and military officers, ....

Objects of government, .........

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

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

Office of trust, person convicted of bribery, etc., not to hold,

Office, rotation in, right secured, .......

all persons having the prescribed qualifications equally eligible to, .
no person eligible to, unless he can read and write,

member of general court not eligible to, created, etc., during his term of
election, etc., .........

Officers, civil, legislature may provide for the naming and settling of, .

Officers, commission, tenure of office to be expressed in commissions,

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

may be removed by governor, with consent of council, upon the address of
both houses of the legislature, ......

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

Officers of the militia, etc., election and appointment of, .

31,36

3,6

52
7

32
6
6

26,27

22,63

INDEX TO THE CONSTITUTION.

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

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 exercises 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

blind,

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, .......

52
64

59,60

14,15

32,37

38,66

5,6

52-62

INDEX TO THE CONSTITUTION.

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

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

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

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

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

when yea and nay vote shall be taken on, .....
President of the senate, choice of, ...... .

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

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

Private association, etc., not to be given credit of the commonwealth, .
Private property taken for public uses, compensation to be made for, .
Private property appropriated to public use, right to receive compensation

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

Probate courts, provisions for holding,

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

judges may not hold certain other offices.
Property, right of protection of, ... .

no initiative or referendum petition contravening protection,

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

of historical or antiquarian interest, preservation of, .
Property qualification, may be increased by the legislature,

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

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

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

Prorogation of the general court, .......

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

Provincial laws, not repugnant to the constitution, continued in force, .
Public boards and certain officers to make quarterly reports to the governor,
Public credit, etc., not to be authorized to found, etc., any church, religious
denomination or society, .......

Public debts, contraction of, .... .

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

common necessaries of life and shelter during,
Public libraries, free, appropriations may be made for support of,
Public notary (see Notary public) .
Public offices, right of people to secure rotation,

all persons having the prescribed qualifications equally eligible,
Public religious worship, right and duty of, ... .

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

Public use, right to receive compensation for private property appropriated
to, not a subject for initiative or referendum petition,

50
37

52
3
58
67
16

53
8

64
6

22,44

50,51
63
33
42
49

53,59

20,38

51
64,65

52
52

6
6

4,52
52

INDEX TO THE CONSTITUTION.

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,

52
62
63
62
9

Quakers may make affirmation, ........

Qualification of persons to be elected to office may be increased by the legisla-
ture, .....

Qualification, property, of governor, abohshed,

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

42
48, 49
36,49
44,49
42,43
16,47
18,46

44
8
9

61
25,43
47,49
46,49

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.

50,51

45
63
53
63

67
26
64

58
58
58

INDEX TO THE CONSTITUTION.

Referendum (see also Initiative) — Concluded.

grant of certain franchises shall not be declared emergeiicy laws,
contents of petitions, ......

certain matters excluded from petitions,
mode of petitioning for suspension of a law,
votes necessary for approval by the people,
petition for repeal of emergency or other active law,
identification, certification and limitation on signatures,
general court may regulate abuses arising from circulating petitions for
hire or reward, .......

description and form of question on ballot, .

preamble of emergency laws, when yea and nay vote shall be taken on,
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, .......

Rehgion, 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, .......... 52

Religious denominations, equal protection secured to all, ... 5, 39, 51
Religious institutions or practices, no measure that relates to, can be made
subject of initiative petition or referendum, .....

Religious sect or denomination, no subordination of one to another to be
established by law, . . . .

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

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

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

Religious society, appropriation of public 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.

58
59
59
59
59
60
60,61

61
61
61

62
67

50,62

25
32,37
22,44
32,37

53,59

5,39

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

51
4
4, 5, 39

INDEX TO THE CONSTITUTION.

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, 14, 19, 20;

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 to be subject of an initiative
or referendum petition,
Rights, water and mineral, the taking of, .

53,59
60
17

48
35,47
47
46
19
24
43
44

62
64

43,44
65

65
34,37

67
64

53
4-10

53
62

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,

PAOB

7
53
64

43,66

43,44

43,66

36,44

44
26
26

26
33

45
60,61

63,64
44,51

10,14

41,46

13,66

15,47

16,47

INDEX TO THE CONSTITUTION. 101

PAGE

Senate, to choose its officers and establish rules, ..... 16

shall try all impeachments, . . . . . . , , 16, 18

quorum of, . . 16, 47, 49

may punish for certain offences; trial may be by committee, . . 18

may require the attendance of the secretary of the commonwealth in

person or by deputy, ......... 26

may require the opinions of the justices of the supreme judicial court

upon important questions of law, and upon solemn occasions, . 27

members, two, may request call of yeas and nays on preamble, . . 67
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 contaiji, 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 an J', .......... 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.

PAGE

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

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-
tives, ..........

may be imposed by the legislature, ......

valuation of estates to be taken anew once at least every ten years,
money borrowed in anticipation of receipts from, when loan is to be
paid, ..........

Tenure, of justices of the supreme judicial court, ....

of legislators, .......... 14,

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

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

of councillors, ..........

of secretary, treasui'er, auditor and attorney-general,

of notaries public and justices of 'the peace, ....

of judicial officers, ......... 10

rc-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,

6,9

12,50

65
10
16,66
19,66
24,66
25,66
43,66
27,35
26,27
26,66

65
36
10

INDEX TO THE COXSTriT'TION.

103

P&QB

Title of governor to be, — His Excellency, ...... 19

Title of legislature, — The General Court of Massachusetts, ... 11

Title of lieutenant governor to be, — His Honor, ..... 24

Town, etc., measure or law restricted to a particular, to be excluded from

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

Town clerk to make record and return of elections, ..... 14

Town meetings, selectmen to preside at, ....... 14

Town representation in the legislature, ..... 17, 40, 41, 46

Towns, may be chartered as cities, when, ....... 35

voting precincts in, .......... 48

Towns and cities, not to aid certain schools, educational, charitable, religious

or other institutions with moneys raised by taxation, ... 51

may provide food 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

vacancj' 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

Treasurj', 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.

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

Uniform rate of tax, on incomes derived from same class of property, to be

levied throughout the commonwealth, etc., ..... 50, 51

United States, commonwealth may borrow money to assist the, in case of

war, ............ 65

University at Cambridge, . . . . . . . . 28, 29, 48

Unreasonable search, bail and the law martial, protection from, not a subject

for initiative or referendum petition, ...... 53

Utilization of certain natural resources of the commonwealth, ... 62

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 secretarj', attorney-
general, treasurer and receiver general, and auditor, . . . 63, 64
Vacancy in the council to be filled by the election of a resident of the district
by concurrent vote of the senate and house; if legislature is not in
session, to be filled by governor with advice of the council, . . 43, 47
Vacancy in the senate to be filled by election by the people upon the order

of a majority of senators elected, . . . . . 16, 47

Vacancy, in office of secretary, treasurer, auditor and attorney-general, caused
by decease of person elected, or failure to elect, filled by joint ballot
of legislature from the two persons having highest number of votes
at November election, ........ 44

occurring during session of legislature, filled bj^ 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, upon request, etc., ....... 58, 67

in each house required to enable the commonwealth to borrow money,

etc., ............ 65

INDEX TO THE CONSTITUTION. 105

Voters, qualifications of, at elections for governor, lieutenant governor, sena-
tors and representatives, .... 14, 17, 35, 45, 47, 48, 49

not disqualified on account of non-payment of poll tax if they have served

in the army or navy in time of war, etc., ..... 48

not disqualified bj' 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
year, and within the town or district six months, who have paid a
state or county tax within two years next preceding the election of
state officers, and such as are exempted by law from taxation, but
in other respects qualified, and who can write their names and read
the constitution in the English language, . . . 17, 35, 45

the basis upon wliich 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

14, 19, 43, 44
42

Votes, returns of, ........ .

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

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

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

Yea and nay vote, of two thirds members present and voting in each house

required upon measures having emergency preamble, ... 58
not to be taken upon measures having emergency preamble, miless two

senate members or five hou.se members so request, ... 67

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

MASSACHUSETTS

1923

SJd^ The General Court, which was chosen November 7, 1922, assembled
on Wednesday, the third day of January, 1923, for its first annual session.

The oaths of office were taken and subscribed by His Excellency
Channing H. Cox and His Honor Alvan T. Fuller on Thursday, the
fourth day of January, in the presence of the two Houses assembled in
convention.

ACTS.

An Act to revive the corporation known as the fall Phny i

RIVER granite COMPANY. ^'

Whereas, The deferred operation of this act would cause great Emergency
inconvenience and expense, therefore it is hereby declared to be
an emergency law, necessary for the immediate preservation of
the public convenience.

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

The Fall River Granite Company, a corporation dissolved by Fail River
chapter two hundred and eighty-two of the Special Acts of nine- pany'revived"
teen hundred and fifteen, is hereby revived with the same
powers, duties and obligations as if said chapter had not been
passed. Approved January 31, 1923.

An Act authorizing the town of marblehead to make an phr.^ o
additional water loan. ^'

Be it enacted, etc., as foUoics:

Section 1 . For the purposes of increasing its water supply, Town of
constructing a filtration system for the purification of water, ex- jnay ma^ an
tending its water mains, constructing standpipes, improving its ^^teMoan
water distribution facilities and of exercising any power or au-
thority relative to the taking, by purchase or otherwise, of land,
water rights and easements or any other right or authority con-
ferred by chapter three hundred and twenty-five of the acts of
eighteen hundred and eighty-six, and any acts in amendment
thereof, the town of Marblehead may from time to time borrow,
in addition to any sum or sums heretofore authorized, 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, Marblehead Water Marblehead
Loan, Act of 1923. Each authorized issue shall constitute a Act o^f im.'
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.

Section 2. Said town shall, at the time of authorizing said J^^^l^^ °^
loan or loans, 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 water rates, will be
sufficient to pay the annual expense of operating its water works

Acts, 1923. —Chaps. 3, 4.

Authorization
by town.

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 town annually thereafter, in
the same manner as other taxes, until the debt incurred by said
loan or loans is extinguished.

Section 3. Said town may at any annual or special town
meeting, or at any adjourned session thereof, by a vote in ac-
cordance with the articles of the warrant for said meeting, au-
thorize the borrowing of money under the provisions of this act,
and such authorization shall be fully effective, notwithstanding
that the warrant for said meeting was served prior to the passage
of this act.

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

Approved January 31, 1923.

Chap. 3 An Act authorizing the registration of clara m. Mitchell

AS A CHIROPODIST.

Be it enacted, etc., as follows:

The board of registration in medicine is hereby authorized to
register Clara M. Mitchell of Waltham as a chiropodist, without
examination, upon satisfactory proof that she had been engaged
in the practice of chiropody in this commonwealth for a period
of two years next prior to the passage of chapter two hundred
and two of the General Acts of nineteen hundred and seventeen,
and without proof of further compliance with chapter one hun-
dred and twelve of the General Laws; and thereupon she shall
have and enjoy the same rights and privileges as if registered as
a chiropodist as provided by said chapter one hundred and
twelve. Approved January 31, 1923.

Board of
registration in
medicine may
register Clara
M. Mitchell as
a chiropodist.

Chap. 4 An Act relative to the adoption by the tow^n of fal-

MOUTH of the town MANAGER FORM OF GOVERNMENT.

Town of
Falmouth, ■ —
will of voters
on adoption of
town manager
form of govern-
ment.

Copy of report
of special com-
mittee to be
mailed voters.

YES.

NO.

Be it enacted, etc., as follows:

Section 1. The town of Falmouth is hereby authorized to
ascertain the will of the voters of the town in relation to the
adoption of the town manager form of government by placing
upon the ballot for use at the election of town officers in the
current year the following questions: —

1 . Shall the town authorize a petition to the gen-
eral court for legislation establishing the town man-
ager form of government?

2. If such legislation is to be sought, which of the two plans
submitted by the special committee appointed at the annual
town meeting in 1922, and entitled respectively.
Plan 1 and Plan 2, shall be submitted to the general
court?

Section 2. A copy of the report of said special committee
shall be mailed by the town clerk to the registered voters of said
town not less than seven days prior to the current annual meet-
ing in said town. Approved January 31, 1923.

Plan 1

Plan 2

Acts, 1923. — Chaps. 5, 6, 7.

An Act relative to the allowance or disallowance of (JJidj) 5

EXCEPTIONS AT A TRIAL IN CASE OF THE RETIREMENT OR
REMOVAL OF THE PRESIDING JUSTICE.

Be it enacted, etc., as follows:

Chapter two hundred and thirty-one of the General Laws is g. l. 231, § 115,
hereby amended by striking out section one hundred and fifteen ^™'^"'^«^'i-
and inserting in place thereof the following: — Section 115. If Allowance,
a justice presiding at a trial at which exceptions have been taken tion's in case of
fails, by reason of physical or mental disability, death, resigna- movai!'retire^
tion or removal, to sign or return them, or has retired under sec- ment etc., of
tion sixty-one of chapter thirty-two or has been retired under justice.
article fifty-eight of the amendments to the constitution without
having signed or returned them, any other justice of the same
court may examine and allow or disallow them.

Approved February 3, 1923.

Chap.

An Act extending further the duration of an act to
penalize the violation of certain rights of tenants.

Be it enacted, etc., as follows:

Section two of chapter five hundred and fifty-five of the acts 1920, 555, § 2,
of nineteen hundred and twenty, as amended by chapter four ^*^' ^^^^'^^ ■
hundred and ninety-one of the acts of nineteen hundred and
twenty-one and section two of chapter three hundred and fifty-
seven of the acts of nineteen hundred and twenty-two, is hereby
further amended by striking out, in the second line, the word
"July", and inserting in place thereof the word: — May, — and
by striking out, in the third line, the word " twenty -three ", and
inserting in place thereof the word : — twenty-four, — so as to
read as follows : — Section 2. This act shall become null and Time extended
void on the first day of May in the year nineteen hundred and izing violation
twenty-four. Approved February 6, 1923. t^!^^''

rights.

An Act validating the acts of the officers of the warren fhri^ 7

WATER DISTRICT AND CLARIFYING THE PROVISIONS OF LAW ^ '

RELATIVE TO THEIR TERMS OF OFFICE.

Be it enacted, etc., as folloios:

Section 1 . The acts of the officers of the Warren Water warrcn Water
District, elected at a meeting held on April twenty -seventh, nine- ^'officers*''*^
teen hundred and twenty-one, are hereby validated and con- validated, etc.
firmed, and the terms of office of all officers of said district shall
be determined as if the next annual district meeting succeeding
the meeting at which such officers were first elected following
the acceptance of chapter three hundred and ninety of the acts
of nineteen hundred and twenty had been held in the year nine-
teen hundred and twenty-two as contemplated by said chapter
three hundred and ninety.

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

Approved February 9, 1923,

Acts, 1923. — Chaps. 8, 9, 10.

Chap.

Reliance Co-
operative Bank
may acquire,
etc., real estate
in Cambridge.

8 An Act to enable the reliance co-operative bank to
acquire and hold real estate in the city of cam-
BRIDGE.

Be it enacted, etc., as follows:

Section 1. The Reliance Co-operative Bank, incorporated
under general law, may purchase or otherwise acquire, and hold,
mortgage, and invest in, real estate in the city of Cambridge,
to a value not exceeding one hundred thousand dollars at the
time of such acquisition or investment.

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

Approved February 9, 1923.

Chap. 9 An Act authorizing the town of sandwich to borrow
money for remodeling, equipping and furnishing its
town hall.

Be it enacted, etc., as folloivs:

Section 1. For the purpose of remodeling its town hall
building and purchasing equipment and furnishings therefor, the
town of Sandwich may borrow such sums 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. Sandwich Town Hall Loan, Act of 1923. Each au-
thorized issue shall constitute a separate loan, and such loans
shall be payable in not more than ten years from their dates.
Indebtedness incurred hereunder 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 9, 1923.

Town of
Sandwich may
borrow money
to remodel,
etc., its town
hall.

Sandwich
Town Hall
Loan, Act of
1923.

Chap.

Town of Wey-
mouth may
vote to revoke
its acceptance
of certain pro-
visions of law
applicable to
tenement
houses in
towns.

10 An Act authorizing the town of weymouth to vote to
revoke its acceptance of certain provisions of law
applicable to tenement houses in towns.

Be it enacted, etc., as follows:

Section 1. There shall be submitted at the next annual
town election in the town of Weymouth the following question
which shall be printed upon the official ballot used for the election
of town officers in the following form : " Shall the town of Wey-
mouth revoke its acceptance of chapter six hundred and thirty-
five of the acts of nineteen hundred and twelve, being an act
relative to tenement houses in towns?" If a majority of the
voters voting thereon vote in the affirmative, in answer to said
question, then the provisions of chapter one hundred and forty-
five of the General Laws shall not apply in said town. Nothing
herein contained shall prevent said town from hereafter accepting
the provisions of said chapter one hundred and forty-five.

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

Approved February 9, 1923.

Acts, 1923. —Chaps. 11, 12, 13, 14.

An Act extending further the duration of an act rela- (JJiav, 11

TIVE to the termination OF TENANCIES AT WILL.

Be it enacted, etc., as foUoivs:

Section two of chapter two hundred and fifty-seven of the loio, 257 (G)
General Acts of nineteen hundred and nineteen, as amended by am'encfed.
chapter five hundred and thirty-eight of the acts of nineteen
hundred and twenty, chapter four hundred and eighty-nine of
the acts of nineteen hundred and twenty-one and section one of
chapter three hundred and fifty-seven of the acts of nineteen
hundred and twenty-two, is hereby further amended by striking
out, in the second line, the word "July" and inserting in place
thereof the word : — May, — and by striking out, in the third
line, the word "twenty-three" and inserting in place thereof
the word : — twenty-four, — so as to read as follows : — Section Time extended
2. This act shall take effect upon its passage, but shall become natingte^nancies
null and void on the first day of May in the year nineteen hun- ^* *''^-
dred and twenty-four. Approved February 9, 1923.

An Act authorizing the grand lodge of the independ- (7/2^^7?. 12

ENT order of odd FELLOWS OF THE STATE OF MASSACHU-
SETTS TO ACQUIRE, HOLD AND DISPOSE OF REAL AND PERSONAL
ESTATE AS A VOLUNTARY ASSOCIATION.

Be it enacted, etc., as follows:

The Grand Lodge of the Independent Order of Odd Fellows Grand Lodge
of the State of Massachusetts may acquire, hold and dispose of pendent otder
real and personal estate in its name as a voluntary association, °[ uie'state°of^
conformably to general law. Approved February 9, 1923. Massachusetts

may acquire,

etc., property

A A as a voluntary

An Act relative to the qualifications of applicants for association.

REGISTRATION AS QUALIFIED PHYSICIANS. CJiaV 13

Be it enacted, etc., as follows:

Chapter one hundred and twelve of the General Laws is G. l. 112, new
hereby amended by inserting after section two the following 1*^1^'°" ^
new section: — Section 2 A. In determining the qualifications Qualifications
necessary for registration as a qualified physician, the board fo/^egi's°tration
may at its discretion accept the certificate of the National '*®jj'^"jg|!^^jg'^
Board of Medical Examiners of the United States, chartered
under the laws of the District of Columbia, in place of and as
equivalent to its own professional examination; but before
registration in pursuance of this section the applicant therefor
shall pay a fee of twenty -five dollars.

Approved February 9, 1923.

Chap. 14

An Act changing the name of a certain part of cam-
bridge PARKWAY to memorial DRIVE.

Be it enacted, etc., as follows:

The section of Cambridge parkway extending from the Cam- Nameofcer-
bridge end of the West Boston bridge, so-called, to Mt. Auburn Cambridge^

Acts, 1923. — Chaps. 15, 16, 17, 18.

parkway
changed to
Memorial
Drive.

street in the city of Cambridge shall hereafter be known as
Memorial Drive, being so named in memory of the men and
women of said city who lost their lives in the world war.

Approved February 9, 192S.

Chap. 15 An Act repealing an act authorizing the taking or

SMELTS IN THE TOWN OF ROWLEY DURING THE CLOSE
SEASON.

Be it enacted, etc., as follows:
Act authorizing Chapter one hundred and fifty-seven of the acts of nineteen

taking of smelts , , ^, , » , . "^ i • i . »

in town of hundred and fourteen, being an act to authorize the granting oi
cios^ seaso^n'"^ permits for the taking of smelts in Rowley waters during the
repealed. closc scason, is hereby repealed. Approved February 9, 1923.

Chap. 16 An Act authorizing the city of Cambridge to pension

JAMES McVEY.

City of Cam-
bridge may
pension James
McVey.

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

Be it enacted, etc., as follows:

Section 1. The city of Cambridge may retire, prior to
December thirty-first in the current year, James McVey, an
employee of its building department, on an annual pension
equal to one half the average annual compensation paid him for
the three years next preceding January 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 provisions
of its charter; provided, that such acceptance occurs prior to
December thirty-first in the current year.

Approved February 9, 1923.

Chap. 17 An Act relative to the certification of appropriation

ORDERS BY CITY AND TOWN CLERKS.

Be it enacted, etc., as follows:

G. L. 41, § 15A,
etc., amended.

Section fifteen A of chapter forty-one of the General Laws, in-
serted by chapter eighty-six of the acts of nineteen hundred and
twenty-two, is hereby amended by inserting after the word
"to", in the fourth line, the words: — the assessors and, — so
as to read as follows: — Section 15 A. City and town clerks
shall, as soon as an order or vote appropriating money becomes
and town clerks, effective. Certify, in a city to the treasurer, assessors and auditor
or similar officer, and in a town to the assessors and the town
accountant, if any, otherwise to the treasurer, each appropria-
tion in detail, and the provision made for meeting the same, if
specified in the appropriation order or vote.

Approved February 9, 1923.

Certification of
appropriation
orders by city

Chap. 18 An Act requiring local assessors to furnish copies of

ABATEMENTS TO TAX COLLECTORS.

G. L. 59, § 60,
amended.

Be it enacted, etc., as follows:

Section sixty of chapter fifty-nine of the General Laws is
hereby amended by adding at the end thereof the following new

Acts, 1923. —Chap. 19. 9

paragraph : — The assessors shall forthwith upon making an

abatement furnish the tax collector with a copy thereof., — so

as to read as follows: — Section 60. Every board of assessors Records of

shall keep a record of all abatements of taxes. The record of fd^u"x^'f °^

abatement of the whole or any part of any tax shall show plainly

the following details, viz. :

First, The name or title in which the tax stands assessed.

Second, The year in which the tax was assessed.

Third, The total amount of the tax.

Fourth, The date when the abatement was made.

Fifth, The sum abated on poll tax.

Sixth, The sum abated on personal estate.

Seventh, The sum abated on real estate.

Eighth, The total sum abated.

Ninth, In case of an abatement to put into effect a statutory
exemption, exact reference to the statutory provision under
which the exemption is granted and in all other cases a state-
ment of the cause or reason for the abatement.

If the record of an abatement is made as a part of the record ^gnld*"^
of a meeting of the board of assessors it shall be signed by the
clerk or secretary of the board for that meeting; otherwise by
a majority of the board.

The assessors shall forthwith upon making an abatement Copyofabate-

P . 1 ,1 , u X •j.i. J.I J? ment to tax

lurnish the tax collector with a copy thereof. collector.

Approved February 9, 1923.

An Act incorporating the general society of Mayflower fhnjj in

DESCENDANTS. ^'

Be it enacted, etc., a^ follows:

Section 1. Leonard Wood, William H. Taft, Henry Cabot General society
Lodge, Richard Henry Greene, Asa P. French, Myles Standish, Descendants,
Marcus Morton, Robert M. Boyd, Jr., William Bradford H. incorporated.
Dowse, Rowland Davis, George Ernest Bowman, Addison P.
Munroe, Paul Revere Frothingham, Charles Allerton Coolidge
and John Packwood Tilden, and their associates and successors,
are hereby made a corporation by the name of General Society
of Mayflower Descendants.

Section 2. The purposes of the corporation shall be to Purposes.
perpetuate to a remote posterity the memory of the Pilgrim
Fathers; to maintain and defend the principles of civil and
religious liberty as set forth in the Compact of the Mayflower,
"for ye glorie of God, and advancemente of ye christian faith
and honour of our . . . countrie"; to promote the interests
that are common to all the state societies of Mayflower de-
scendants which can best be served by a federal body ; to secure
united effort to discover and publish original matter in regard
to the Pilgrims, together with existing data known only to anti-
quarians; and to authenticate, preserve and mark historical
spots made memorable by Pilgrim association.

Section 3. The corporation shall have all the powers and Powers duties,

... , , , . ^ nil- • • IT restrictions,

privileges and be subject to all the duties, restrictions and lia- etc.
bilities set forth in all general laws now or hereafter in force,

Acts, 1923. —Chaps. 20, 21.

By-laws.

Board of
general as-
sistants, elec-
tion, powers,
etc.

Other officers.

May hold real
and personal
estate, etc.

applicable to such corporation and not inconsistent with this
act.

Section 4. The corporation shall have power to establish
by-laws suitable to carry out the powers hereby granted, in-
cluding provisions as to the admission, suspension and expulsion
of members, and the delegation of powers to officers, committees
and persons having the general powers of directors.

Section 5. The management and control of the property
and the affairs of said corporation subject to its by-laws shall be
vested in a board of general assistants who shall be elected in
the manner provided in the by-laws to be adopted by the cor-
poration ; and there shall be such other officers with such duties
as the by-laws may prescribe.

Section 6. The corporation is hereby authorized to hold
real and personal estate to an amount not exceeding one hun-
dred thousand dollars, with authority to sell, purchase, mortgage,
lease or rent the same, or any part thereof.

Approved February 9, 1923.

City of Woburn
may pay cer-
tain sum of
money to
Robert T.
Spencer.

Chap. 20 An Act authorizing the city of woburn to pay a certain

SUM OF MONEY TO 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, was retired on March first,
nineteen hundred and twenty-one on account of disability, a
sum equal to one half the compensation which he would have
received if he had continued in said employment, at the same
rate of compensation paid him at the time of his retirement, for
the period from said March first, to April eighth, nineteen hun-
dred and twenty-two when chapter one hundred and thirty-nine
of the acts of nineteen hundred and twenty-two was accepted by
said city.

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, that such acceptance occurs prior to
December thirty-first in the current year.

Approved February 0, 1923.

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

Chap. 21 An Act relative to the right of co-operative banks to

HOLD REAL ESTATE FOR THE TRANSACTION OF BUSINESS.

Be it enacted, etc., as folloivs:

Section thirty-one of chapter one hundred and seventy of the
General Laws, as amended by chapter one hundred and fifty-
eight of the acts of nineteen hundred and twenty-one and chapter
two hundred and twelve of the acts of nineteen hundred and
twenty-two, is hereby further amended by striking out, in the
sixth line, the words "two per cent of its dues capital" and in-
serting in place thereof the words : — five per cent of its dues

G. L. 170, § 31,
etc., amended.

Acts, 1923. —Chaps. 22, 23. 11

capital or one hundred thousand dollars, — so as to read as
follows: — Scctio7i 31. Any such corporation may, with the ap- Co-opcrative
proval of the commissioner, invest a sum not exceeding its ^ol" Mtate^as"^*^
surplus and guaranty fund accounts in the purchase of a suitable p'^'ce of
site and the erection or preparation of a suitable building for "®'"^^-
the convenient transaction of its business, but in no case ex-
ceeding five per cent of its dues capital or one hundred thousand
dollars. Any such corporation may, with the approval of the May alter build-
commissioner, expend a sum not exceeding one per cent of its piaceoF'^'*^
dues capital for alterations in any building leased by it for the business.
transaction of its business, but in no case exceeding its surplus
and guaranty fund accounts. Approved February 9, 1923.

Chap. 22

An Act placing under the civil service laws the office
OF chief engineer of the fire department of the town

OF SAUGUS.

Be it enacted, etc., as follows: >

Section 1, The office of chief engineer of the fire depart- Saugus fire de-
ment of the town of Saugus shall hereafter be subject to the ofch^f wig^^r
civil service laws and the rules and regulations made thereunder, ^/^ff ^ ""'^^''

Section 2. This act shall be submitted to the voters of said laws.
town for their acceptance at the next annual town election in the ^°t^Yt^^
form of the following question to be placed upon the official voters, etc.
ballot used for the election of town officers: — "Shall an act
passed by the general court in the year nineteen hundred and
twenty-three entitled, 'An Act placing under the civil service
laws the office of chief engineer of the fire department of the town
of Saugus' be accepted?" If a majority of the voters voting
thereon vote in the affirmative in answer to said question, then
this act shall take full efl'ect, but not otherwise.

Section 3. So much of this act as authorizes its submission Time of taking
to the voters of said town for their acceptance shall take effect ^^*'''*'
upon its passage. Approved February 19, 1923.

An Act authorizing the town of russell to borrow pi c^<y

MONEY for bridge PURPOSES. l^fiap. ZO

Be it enacted, etc., as follows:

Section 1. For the purpose of constructing a bridge across Town of Russeii
the Westfield river at Woronoco, the town of Russell may from ™^y borrow

' ^ money for

time to time borrow such sums as may be necessary, not ex- bridge pur-
ceeding, in the aggregate, seventy-five thousand dollars, and
may issue bonds or notes therefor, which shall bear on their
face the words, Russell Bridge Loan, Act of 1923. Each au- Russell Bridge
thorized issue shall constitute a separate loan. Indebtedness J^g^g"- ^°* °^
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 February 19, 1923.

Acts, 1923. — Chaps. 24, 25, 26.

Cambridge
Savings Bank
may purchase
and hold addi-
tional real
estate, etc.

Chap. 24 ^^ A<^T TO ENABLE THE CAMBRIDGE SAVINGS BANK TO PUR-
CHASE AND HOLD ADDITIONAL REAL ESTATE IN THE CITY OF
CAMBRIDGE.

Be it enacted, etc., as follows:

Section 1. The Cambridge Savings Bank, incorporated
under the name of "The Savings Institution in the town of
Cambridge" by chapter one hundred and ninety-one of the acts
of eighteen hundred and thirty-four, approved April second in
said year, may, subject to the approval of the commissioner of
banks, invest in the erection and preparation of a suitable build-
ing to be used in whole or in part for the convenient transaction
of its business on land in the city of Cambridge, now owned by
said bank, a sum not exceeding three hundred thousand dollars
in addition to any sums already invested in said land and the
buildings thereon.

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

Approved February 20, 1923.

Chap. 25 ^N ^^'T authorizing the WORKINGMEN's co-operative BANK
TO PURCHASE AND HOLD REAL ESTATE IN THE CITY OF
BOSTON.

Be it enacted, etc., as follows:

Section 1. Section one of chapter one hundred and five of
the acts of nineteen hundred and twenty is hereby amended by
inserting after the word "hundred" in the fourth line the words:
— and fifty, — so as to read as follows : — Section 1 . The
Workingmen's Co-operative Bank, incorporated under the gen-
eral laws, may purchase or otherwise acquire, and hold, mortgage,
and invest in, real estate in the city of Boston to a value not ex-
ceeding five hundred and fifty thousand dollars.

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

Approved February 20, 1923.

1920, 105, § 1,
amended.

Workingmen's
Co-operative
Bank may
purchase and
hold real estate
in Boston.

ChaV 26 ^ ^^^ CHANGING THE NAME OF THE OVERSEERS OF THE POOR
IN CERTAIN CITIES AND TOWNS TO THE BOARD OF PUBLIC

Emergency
preamble.

WELFARE.

Whereas, It is desirable that this act take effect forthwith, in
order that it may be acted upon at the current town meetings,
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:

G. L. 41, new Chapter forty-one of the General Laws is hereby amended by
§ 34. inserting after section thirty -four the following new section : —

Change of name Section 34 A. In any city or town accepting this section, in a
poor to board of city by votc of the city council or in a town by vote of the voters
Hi^cirtaTn cUies thereof, the overseers of the poor shall thereafter be known as
and towns. the board of public welfare; but said change of name shall in

Acts, 1923. — Chaps. 27, 28. 13

no respect affect the rights, powers, duties or tenure of office of
said overseers. This section shall not apply to a city or town in
which the overseers of the poor are incorporated.

Approved February 20, 1923.

An Act exempting a certain parcel of land of the Qhnr) 27

MASSACHUSETTS GENERAL HOSPITAL IN THE CITY OF BOS- ^'

TON FROM RESTRICTIONS AS TO THE HEIGHT OF BUILDINGS.

Be it enacted, etc., as follows:

Section 1. The parcel of land of the Massachusetts General Exemption of
Hospital, situated in the city of Boston and bounded by Charles of land of
street, Allen street, a line three hundred and fifty feet easterly General "^^^"^
from the easterly side line of and parallel to said Charles street, B°g\^n^fVo'Ja
Fruit street and land of the Massachusetts Charitable Eye and restrictions as
Ear Infirmary, is hereby exempted from the provisions of chapter b°uiid\ngs°
three hundred and thirty-three of the acts of nineteen hundred
and four, chapter three hundred and eighty-three of the acts of
nineteen hundred and five and chapter three hundred and thirty-
tliree of the Special Acts of nineteen hundred and fifteen relative
to the height of buildings, and is relieved from the restrictions
as to height placed thereon by the commission on height of
buildings in the city of Boston acting under authority of said
statutes; provided, however, that nothing herein shall authorize Proviso,
the erection on said parcel of a building exceeding one hundred
and twenty-five feet in height, nor the erection of any building
thereon except in accordance with a permit duly granted therefor
by the building commissioner of the city of Boston, nor shall this
act operate to change existing restrictions as to the height of
buildings on said parcel unless such buildings shall be erected for
hospital purposes.

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

Approved February 20, 1923.

An Act relative to the names registered by certain (Jhnr) 28

FOREIGN CORPORATIONS.

Be it enacted, etc., as follows:

Section six of chapter one hundred and eighty-one of the g. l. isi, § 6,
General Laws is hereby amended by adding at the end thereof ^^^^ ^ '
the words : — , or which has the same name as that of another
corporation established under the laws of the commonwealth or
of another corporation or of a firm, association or person carry-
ing on business in the commonwealth, or a name so similar
thereto as to be likely to be mistaken for it, unless such other
corporation or such firm, association or person shall have previ-
ously filed with the commissioner, the commissioner of insurance
or such other officer written consent to the use of such name., —
so as to read as follows : — Section 6. The commissioner, the Commissioner.
commissioner of insurance and any other officer of this common- f*'' • ^^z'" ^'^^^^

*' to FGCGIVG

wealth whose duty it is to examine and determine whether a papers for filing

14 Acts, 1923. —Chaps. 29, 30.

cOTporadon^" forcign corporation, including an insurance company, is entitled
doiiig an illegal to file any papers under section three or five, section forty-one of
having*sa°me chapter ouc hundred and seventy-six, or chapter one hundred
anothe^cor-* °^ ^^^ sevcuty-five or ouc hundred and seventy -seven, shall refuse
poration, etc. to acccpt or file the charter, financial statement or other papers
of, or accept appointment as attorney for service for, any such
corporation which does a business in this commonwealth the
transaction of which by domestic corporations is not then per-
mitted by the laws of this commonwealth, or which has the same
name as that of another corporation established under the laws
of the commonwealth or of another corporation or of a firm,
association or person carrying on business in the commonwealth,
or a name so similar thereto as to be likely to be mistaken for it,
unless such other corporation or such firm, association or person
shall have previously filed with the commissioner, the commis-
sioner of insurance or such other officer written consent to the
use of such name. Approved February 20, 1923.

Chap. 29 An Act reviving the duquesne trading company.

Be it enacted, etc., as follows:

Tradhr"com- "^^^ Duqucsuc Trading Company, a corporation dissolved by
pany revived, chapter two hundred and twelve of the acts of nineteen hundred
and twenty, is hereby revived with the same powers, duties and
obligations as if said chapter had not been passed.

Approved February 20, 1923.

Chap. 30 An Act relative to licenses for the sale of second hand

MOTOR VEHICLES.

Be it enacted, etc., as follows:

G. L. 140, § 58, Chapter one hundred and forty of the General Laws is hereby

amended by striking out section fifty-eight and inserting in place

Classes of thereof the following: — Section 58. Licenses granted under the

licenses for sale p ■,-, . ^. i n i i •/> i p n

of second hand lollowmg scctiou shall be classifaed as lollows:
motor vehicles. Class 1. Any pcrson who is a recognized agent of a motor
seller's license. Vehicle manufacturer or a seller of motor vehicles made by such
manufacturer whose authority to sell the same is created by a
written contract with such manufacturer or with some person
authorized in writing by such manufacturer to enter into such
contract, and whose principal business is the sale of new motor
vehicles, the sale of second hand motor vehicles being incidental
thereto, may be granted an agent's or a seller's license.
d&iier^shcense Class 2. Any pcrson whose principal business is the buying
and selling of second hand motor vehicles may be granted a
used car dealer's license.
Motor vehicle Class 3. Any person whose principal business is the buying

junk license. i i i i • i i. i p i i-

or second hand motor vehicles tor the purpose oi remodeling,
taking apart or rebuilding the same, or the buying or selling of
parts of second hand motor vehicles or tires, or the assembling
of second hand motor vehicle parts may be granted a motor
vehicle junk license. Approved February 20, 1923.

Acts, 1923. — Chaps. 31, 32. 15

The Commonwealth of Massachusetts,
Executive Department, Boston, March 21, 1923.

I, Channing H. Cox, by virtue of and in accordance with the Act dociarod
provisions of the Forty-eighth Amendment to the Constitution, faVbyTC^^
"The Referendum II, Emergency Measures," do declare that governor.
in my opinion the immediate preservation of the pubHc peace,
health, safety and convenience requires that the law passed on
the twentieth day of February, in the year nineteen hundred and
twenty-three, entitled " An Act Relative to Licenses for the Sale
of Second Hand Motor Vehicles", should take effect forthwith,
that it is an emergency law, and that the facts constituting the
emergency are as follows : — because its delayed operation may
result in serious inconvenience to the public.

CHANNING H. COX.

The Commonwealth of Massachusetts,
Office of the Secretary, Boston, March 21, 1923.

I hereby certify that the above statement was filed in this state secretary's
office by His Excellency the Governor of the Commonwealth of sunif ofthf *°
Massachusetts at four o'clock and twenty minutes, p.m. on the ^°'^j""°/^
above date, and in accordance with Article Forty-eight of the
Amendments to the Constitution said chapter takes effect forth-
with, being chapter thirty, acts of nineteen hundred and twenty-
three.

F. W. COOK,
Secretary of the Commonwealth.

An Act relative to the assessment of poll taxes and nh^^i 31

THE MAKING OF CERTAIN LISTS IN THE CITY OF LYNN. ^'

Be it enacted, etc., as follows:

Section 1. In the making of lists under sections four to Assessment of
fourteen, inclusive, of chapter fifty-one of the General Laws, the J^^ikfng'^of^^er-
board of assessors of Lynn may, with the approval of the mayor, tain lists in
have the assistance of the police department in visiting build- *^' ^ ° ^'^^'
ings and residences and performing the duties of assistant as-
sessors in securing the information required by said sections.

Section 2. This act shall take effect upon its acceptance by To besub-
the city council of said city, but for the purposes of such accept- ™uncn,*^etc.*^
ance shall take effect upon its passage.

Approved February 20, 1923.

An Act relative to the annual testing of certain (JfiQj) 32
weighing and measuring devices.

Be it enacted, etc., as follows:

Section L Section forty-one of chapter ninety -eight of the o. l. 98, § 41,
General Laws is hereby amended by striking out, in the sixth ^^^ended.
line, the words "within thirty days", — so as to read as fol-

Acts, 1923. —Chap. 33.

Weighing and
measuring
devices, notice
of annual test-
ing, etc.

G. L. 98, § 42,
amended.

Weighing and
measuring
devices, testing,
etc., at houses,
stores, etc.

lows : — Section ^1 . Sealers shall annually give public notice,
by advertisement or by posting notices in one or more public
places in their towns or districts, to all inhabitants, or persons
having usual places of business therein, using weighing or meas-
uring devices for the purpose of buying or selling goods, wares or
merchandise, for public weighing or for hire or reward, to bring
them in to be tested, adjusted and sealed. Such sealers shall
attend in one or more convenient places, and shall adjust, seal
or condemn such devices in accordance with the results of their
tests, and shall make a record thereof.

Section 2. Section forty-two of said chapter ninety-eight is
hereby amended by striking out, in the first line, the words " the
expiration of the time fixed in" and inserting in place thereof
the word : — giving, — so as to read as follows : — Section 42.
After giving said notice, said sealers shall go to the houses,
stores, shops and vehicles of persons not complying therewith,
and shall test and adjust, seal or condemn in accordance with
the results of their tests, the weighing or measuring devices of
such persons; provided, that devices for determining the meas-
urement of leather bought, sold or offered for sale shall be tested
at least semi-annually. A person who neglects or refuses to
exhibit his weighing or measuring devices to a sealer or deputy,
or who hinders, obstructs or in any way interferes with a sealer
or deputy in the performance of duty, shall be punished by a
fine of not more than fifty dollars.

Apprcved February 20, 1923.

Chap. 33 An Act fixing the time for service of certain notices

IN POOR DEBTOR PROCEEDINGS.

Be it enacted, etc., as follows:

G. L. 224, § 8,
amended.

Section eight of chapter two hundred and twenty-four of the
General Laws is hereby amended by striking out all after the
word "thereof" in the tenth line and inserting in place thereof
the following: — , not less than four days, exclusive of Sundays
and holidays, before the day set for the examination, — so as to
Issue and read as follows : — Section 8. A court to which application is

m[appi?cati°on''^ made for a certificate, under section six, shall, unless the creditor
or a person in his behalf makes affidavit and proves to the court
that there is reason to believe that the debtor intends to leave
the commonwealth, issue notice to the debtor to appear before
the court for examination upon any or all of the charges specified
in said section. Such notice shall specify the charges on which
the creditor intends to examine the debtor, and may be served,
by an officer qualified to serve civil process, by delivering to the
debtor, or leaving at his last and usual place of abode, an attested
copy thereof, not less than four days, exclusive of Sundays and
holidays, before the day set for the examination.

Approved February 20, 1923.

for arrest in
poor debtor
proceedings.

Acts, 1923. — Chaps. 34, 35. 17

An Act relative to service of process in proceedings Qhn'n 34

AGAINST FEMALE JUDGMENT DEBTORS. ^'

Be it enacted, etc., as follows:

Section fifty-nine of chapter two hundred and twenty-four of g. L- 224, § 59,
tlie General Laws is hereby amended by striking out, in the
thirteenth Hne, the word "three" and inserting in place thereof
the word : — four, — and also by striking out, in the fourteenth
line, the words "and at the rate of one hour additional for each
mile of travel", — so as to read as follows: — Section 59. The Citation and
judgment creditor in an execution issued against a woman upon ceeSn^gs'against
which there remains uncollected at least twenty dollars, exclusive female judg-
of costs which have accrued either in the last action or in any
former action founded on the same original cause of action, or a
person in behalf of such creditor, may file, in a district court in
the county where the debtor resides or has her usual place of
business, a petition on oath, with a copy of the execution, stating
the fact of the last judgment and alleging that he believes that
the debtor has property, not exempt from attachment, which
she refuses to apply in payment of said execution, and asking
that a citation issue requiring her to appear at a time and place
to be fixed by the court and submit to an examination relative
to her property; and thereupon the clerk of said court shall issue
such citation, allowing the debtor not less than four days before
the time so fixed. Such citation shall be served, by an officer
qualified to serve the execution, by delivering to the debtor, or
leaving at her last and usual place of abode, an attested copy of
the citation. Approved February 20, 1923.

An Act prohibiting during certain months of the year (Jhn'n 35

THE use by certain PERSONS OF BEAM OR OTTER TRAWLS
IN TAKING FISH FROM CERTAIN WATERS OF THE TOWNS OF
CHILMARK, GAY HEAD AND GOSNOLD.

Be it enacted, etc., as follows:

It shall be unlawful during the months of July, August and ^ter°trawirin'^
September for any person who has not been a legal resident of taking fish
this commonwealth during the preceding year to use beam or waters^oUowns
otter trawls to drag for fish in that part of the waters of Vineyard °A Chiimark,

ri 1 1 • • 1 p /-ii •! 1 /^ TT 1 i^ II "^y Head and

bound lymg in the towns 01 Lhumark, (jay Head and Gosnold, Gosnoid,
and included between an imaginary line running from the ex- '^^" ^^^ '
treme western point of Gay Head to the extreme western point
of Nashawena island and another imaginary line running from
Cape Higgon to Tarpaulin Cove Light. Violation of this act
shall be punished by a fine of not less than ten nor more than
one hundred dollars. Approved February 20, 1923.

Acts, 1923. — Chaps. 36, 37, 38.

Chap. 36 -^N Act extending further the duration of an act to

PROVIDE FOR A DISCRETIONARY STAY OF PROCEEDINGS IN
CERTAIN ACTIONS OF SUMMARY PROCESS AND TEMPORARILY
ABOLISHING FICTITIOUS COSTS IN SAID ACTIONS.

Be it enacted, etc., as follows:

Section 1. Chapter five hundred and seventy -seven of the
acts of nineteen hundred and twenty, as amended, is hereby
further amended by inserting after section four the following
new section: — Section 4 A. Costs recoverable under section
three of chapter two hundred and thirty-nine of the General
Laws shall, in actions to which this act applies, include only
legal costs covering actual disbursements and shall not include
fictitious costs, so-called.

Section 2. Section six of said chapter five hundred and
seventy-seven, as amended by chapter four hundred and ninety
of tJie acts of nineteen hundred and twenty -one and section three
of chapter three hundred and fifty-seven of the acts of nineteen
hundred and twenty-two, is hereby further amended by striking
out, in the second line, the word "July" and inserting in place
thereof the word : — May, — and by striking out, in the third
line, the word "twenty-three" and inserting in place thereof
the word : — twenty-four, — so as to read as follows : — Section
6. This act shall become null and void on the first day of May
in the year nineteen hundred and twenty-four.

Approved February 20, 1923.

1920, 577, new
section after
§4.

Fictitious
costs in certain
actions of
summary proc-
ess tempo-
rarily abolished.

1920, 577, § 6,
etc., amended.

Time extended
on law provid-
ing for stay of
proceedings in
certain sum-
mary process
actions.

Chap. 37 An Act permitting savings banks to transmit money to

ANOTHER STATE OR COUNTRY.

Be it enacted, etc., as follows:

Chapter one hundred and sixty-eight of the General Laws is
hereby amended by inserting after section thirty-three the fol-
lowing new section: — Section 33 A. Savings banks may, under
regulations made by the commissioner, receive money for the
purpose of transmitting the same, or equivalents thereof, to
another state or country. Approved February 20, 1923.

G. L. 168, new
section after
§ 33.

Savings banks
may transmit
money to
another state
or country.

Chap. 38 An Act regulating the transaction of business under

AN inactive charter OF A CREDIT UNION.

G. L. 171, 5 2,
etc., amended.

Credit unions,
incorporation,
etc.

Be it enacted, etc., as follows:

Section two of chapter one hundred and seventy-one of the
General Laws, as amended by section one of chapter one hun-
dred and forty-seven of the acts of nineteen hundred and twenty-
two, is hereby further amended by adding at the end thereof
the following : — ; and no credit union shall resume business
under a charter which is outstanding and inactive on July first,
nineteen hundred and twenty-three, except with the written ap-
proval of the board of bank incorporation, — so as to read as
follows : — Section 2. Seven or more persons, resident in the
commonwealth, who have associated themselves by a written

Acts, 1923. — Chap. 39. 19

agreement with the intention of forming; a corporation for the
purpose of accumuhiting and investing the savings of its mem-
bers and making loans to members for provident purposes, may,
with the consent of the board of bank incorporation, become a
corporation upon complying with the following section. The Consent of
board of bank incorporation may grant such consent when I'nTo'rtOTati^n^
satisfied that the proposed field of operation is favorable to the
success of such corporation, and that the standing of the pro-
posed 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 six To organize,
months from the date of its incorporation, otherwise its charter monthl^^eu;.^"'
shall become void ; and no credit union shall resume business Transaction of
under a charter which is outstanding and inactive on July first, 1^^^^^'";^^ charter
nineteen hundred and twenty-three, except with the written ap- regulated.
proval of the board of bank incorporation.

Approved February 20, 1923.

An Act relative to the capital of stock insurance

companies.

Chav. 39

Be it enacted, etc., as follows:

Section 1. Section forty-eight of chapter one hundred and G. l. i75,§48,
seventy -five of the General Laws, as amended by section two
of chapter two hundred and fifteen and section four of chapter
two hundred and seventy-seven of the acts of nineteen hundred
and tw^enty-one, is hereby further amended by striking out the
paragraph included in the sixteenth line and inserting in place
thereof the following new paragraph : — Under the second clause,
and under the first and second clauses excepting ocean marine
insurance, three hundred thousand dollars, — and by striking
out the two new paragraphs inserted by section two of said
chapter two hundred and fifteen and section four of said chapter
two hundred and seventy-seven and inserting in place thereof
the following new paragraph : — Under the fourteenth or fifteenth
clause, not less than five hundred thousand dollars, — so as to
read as follows : — Section 48- Ten or more persons residents of Capital of
this commonwealth may form a company (a) to transact the companies.
business set forth in any one of the clauses of the preceding
section, (6) to transact the business set forth in the first and
second clauses thereof, or (c) to transact the business set forth
in any two or more of the fourth, fifth, sixth, seventh, eighth,
ninth, tenth, twelfth and thirteenth clauses thereof.

Companies organized under this section shall have a paid-up
capital as follows:

Under the sixth clause, to insure only against sickness and $100,000.
against the bodily injury or death by accident of the insured;
and under the seventh and thirteenth clauses, not less than
one hundred thousand dollars.

Under the first, fourth, fifth, sixth, except as otherwise pro- $200,000.
vided herein, eighth, ninth, tenth and twelfth clauses, not less
than two hundred thousand dollars.

Acts, 1923. — Chap. 40.

$300,000.

$400,000.

Not over
$1,000,000.
except, etc.

$500,000.

Amount in
certain cases.

G. L. 175. § 51,
amended.

Kinds of busi-
ness which may
be combined by
stocli insurance
companies.

G. L. 175, § 13,
repealed.

Under the second clause, and under the first and second
clauses excepting ocean marine insurance, three hundred thou-
sand dollars.

Under the first and second clauses, not less than four hundred
thousand dollars.

Under the eleventh clause, not exceeding one million dollars;
and if insurance against the insufficiency of mortgages as security
or against any other loss in connection with mortgages, except
insurance of titles is transacted, not less than two hundred
thousand dollars.

Under the fourteenth or fifteenth clause, not less than five
hundred thousand dollars.

Under two or more of the clauses enumerated herein under (c),
the paid-up capital shall not be less than the largest amount re-
quired for the transaction of the kinds of business specified in
any one clause which it is authorized to transact, and an addi-
tional amount equal to one half of the minimum capital required
above for the transaction of the kinds of business specified in
each additional clause which it is authorized to transact.

Section 2. Section fifty-one of said chapter one hundred
and seventy-five is hereby amended by adding after the word
"dollars" in the sixth line the following: — , or the first and
second excepting ocean marine insurance, if authorized to trans-
act either, provided it has a paid-up capital of not less than three
hundred thousand dollars, — so that clause (a) will read as fol-
lows : — (a) The first and second, if authorized to transact
either, provided it has a paid-up capital of not less than four
hundred thousand dollars, or the first and second excepting
ocean marine insurance, if authorized to transact either, pro-
vided it has a paid-up capital of not less than three hundred
thousand dollars.

Section 3. Section thirteen of said chapter one hundred
and seventy-five is hereby repealed.

Approved February 20, 1923.

Chap. 40 An Act limiting the restriction on joint accounts in

BANKS TO THOSE IN SAVINGS BANKS.

G. L. 168, new
section after
§31.

Joint accounts
in savings
banks, limita-
tion, interest,
etc.

Be it enacted, etc., as follows:

Section 1. Chapter one hundred and sixty -eight of the
General Laws is hereby amended by inserting after section
thirty-one the following new section: — Section 31 A. Such cor-
poration may receive deposits on joint accounts provided for
in section fourteen of chapter one hundred and sixty-seven to
the amount of four thousand dollars, and may allow interest
upon such deposits and upon the interest accumulated thereon
until the principal with the accrued interest amounts to eight
thousand dollars, and thereafter upon no greater amount than
eight thousand dollars. Persons having such joint accounts
may also make deposits in their individual names, but the total
amount of such deposits, both joint and individual, shall not
exceed four thousand dollars, and such corporation may allow
interest upon such deposits and upon the interest accumulated

Acts, 1923. —Chaps. 41, 42. 21

thereon until the principal with the accrued interest on all said
accounts amounts to eight thousand dollars, and thereafter upon
no greater amount than eight thousand dollars.

Section 2. Section fifteen of chapter one hundred and sixty- g. l. i67. § is,
seven of the General Laws, as amended by chapter one hundred ®*''' repealed.
and fifty-three of the acts of nineteen hundred and twenty -one,
is hereby repealed. Approved February 20, 1923.

An Act relative to the use of the words "trust com- Qhny 41
pany" by certain foreign corporations. ^'

Be it enacted, etc., as follows:

Section four of chapter one hundred and seventy-two of the g. l. 172, § 4,
General Laws is hereby amended by striking out the last sentence amended.
and inserting in place thereof the following: — But this section
shall not prohibit a foreign corporation which was authorized
to transact a foreign mortgage business in the commonwealth
during the twelve months next preceding January first, nineteen
hundred and twenty-three, and which had an established place
of business in, and was complying with the laws of, the common-
wealth during the whole of said period, from continuing to use
the w^ords "Trust Company" as a part of its corporate name, —
so as to read as follows : — Section 4- No person or association use of words
and no bank or corporation, except trust companies, shall use co^^pany-
in the name or title under which his or its business is transacted as name
the words "Trust Company" even though said words may be ^^^^^^
separated in such name or title by one or more other words, or
advertise or put forth a sign as a trust company or in any way
solicit or receive deposits as such. Whoever violates this section
shall forfeit one hundred dollars for each day during which such
violation continues. But this section shall not prohibit a foreign Exception as to
corporation which was authorized to transact a foreign mortgage corporations^'^
business in the commonwealth during the twelve months next
preceding January first, nineteen hundred and twenty-three,
and which had an established place of business in, and was com-
plying with the laws of, the commonwealth during the whole of
said period, from continuing to use the words "Trust Company"
as a part of its corporate name. Approved February 20, 1923.

An Act authorizing the acushnet fire and water dis- (Jfidj) 49

TRICT to make an ADDITIONAL WATER LOAN.

Be it enacted, etc., as follows:

Section 1 . For the purpose of extending its water mains Acushnet Fire
and improving its water distribution facilities, the Acushnet Disthct^may
Fire and Water District may from time to time borrow such i?^ake an ad-

, '' ,. . , ditional water

sums as may be necessary, not exceedmg, m the aggregate, loan.
sixty-five thousand dollars, in addition to any sums heretofore
authorized for water purposes, and may issue bonds or notes
therefor, which shall bear on their face the words, Acushnet
Fire and Water District Water Loan, Act of 1923. Each au-
thorized issue shall constitute a separate loan, and such loans
shall be payable in not more than thirty years from their dates.

22 Acts, 1923. — Chaps. 43, 44, 45.

Any indebtedness incurred under this act shall, except as herein
provided, be subject to chapter forty-four of the General Laws.
ioln"'lt"*°^ Section 2. The district shall, at the time of authorizing

said loan or loans 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 deriv^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 payments on the principal as may
be required by this act, shall, without further vote, be certified
to the assessors of the town of Acushnet and shall annually
thereafter be assessed, collected, and paid over to the district
treasurer, in the same manner as is provided by law in the case
of fire district taxes, until the debt incurred by said loan or loans
is extinguished.

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

Approved February 21, 1923.

Chap. 43 An Act placing Robert m. wiley of fall river under the

CIVIL service laws.

Be it enacted, etc., as follows:

wi'ie'^'^of^Faii Robert M. Wiley, who has served as clerk in the department

River placed of the city clcrk of Fall River since May, nineteen hundred and

se'rvice^aws. scvcu, sliall bc entitled, without examination, to the benefits

and protection of the provisions of chapter thirty-one of the

General Laws, and the rules and regulations made thereunder.

Approved February 21, 1923.

Chav. 4:4: An Act authorizing the city of new Bedford to pension

FRANK A. C. GREEN.

Be it enacted, etc., as follows:

City of New SECTION 1. The city of New Bedford may retire Frank A. C.

pension Frank Grccu, for thirty-thrcc years a member of its fire department
A. c. Green. ^^^ ^^ present a captain in said department, on an annual

pension equal to one half his present annual compensation.
To be sub- Section 2. This act shall take effect upon its acceptance

mitted to city » i . -i p • i • i • i • •

council, etc. by votc oi the City council of said city, subject to the provisions
Proviso. of its charter; provided, that such acceptance occurs prior to

December thirty-first in the current year.

Approved February 21, 1923.

Chav. 45 An Act authorizing the city of new Bedford to pension

frank r. pease.

Be it enacted, etc., as follows:

BedioTd^ml Section 1. The city of New Bedford may retire Frank R.

pension Frank Pcasc, for thirty ycars a member of its fire department and at
Pease. present an assistant engineer in said department, on an annual

pension equal to one half his present annual compensation.

Acts, 1923. — Chaps. 46, 47. 23

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 provisions ^untfi,*etc!*^
of its charter; provided, that such acceptance occurs prior to Proviso.
December thirty-first in the current year.

Approved February 21, 1023.

An Act authorizing the city of Cambridge to pension QhQ^y aq
LOUIS J. anshelm. ^'

Be it enacted, etc., as follows: •

Section 1. The city of Cambridge may pay to Louis J. bride^im™'
Anshelm, a former member of its fire department, an annual pension Louis
pension equal to one half the rate of compensation now paid to ' '^ ® '^•
a member of said department of the lowest grade.

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

Approved February 21, 1923.

An Act authorizing the suspension of the sale of certain Qfidj) 47
securities in certain cases.

Be it enacted, etc., as follows:

Section five of chapter one hundred and ten A of the General pj ^te^*'^'
Laws, inserted by section one of chapter four hundred and ninety- amended,
nine of the acts of nineteen hundred and twenty-one, is hereby
amended by adding after the word "section" in the twenty-
second line the following : — and subject to the right of the
commission in its discretion to forbid its sale until the informa-
tion required by this and the following section is filed with it, —
so as to read as follows: — Section 5. No security not exempted Sale of certain
under section three and to which the preceding section does not notice of inten-
apply shall be sold unless and until there shall have been filed wttVcommii-'^
with the commission by a person offering the same for sale or sion, etc.
by the directors or trustees of the corporation, association, trust,
or other body issuing the security, or by other officers holding
a corresponding relation thereto, or by officers duly authorized
by such directors or trustees to take such action, a notice of
intention to offer for sale the security named and specified in
the notice; but within seven days, or such further period as in statement
any special case the commission may authorize, after filing said gjed.etc^*" ^^
notice, the person or officers, or some one in their behalf, shall
file with the commission a statement containing the information
and data relative to the security offered and the issuing corpora-
tion, association or trust, specified in subdivisions (a), (6), (c),
and (f/) of section four, and in addition thereto a statement of
the purposes to which the proceeds of the proposed issue are to
be applied. Upon and after the filing of such notice the said
security may be sold and offered for sale by any broker or sales-
man registered under the provisions of this chapter, subject,
however, to the provisions of the following section and subject

Acts, 1923, — Chaps. 48, 49, 50.

Commission
may forbid
sale, etc.

to the right of the commission in its discretion to forbid its sale
until the information required by this and the following section
is filed with it. Approved February 21, 1923.

Chap. 48 An Act relative to the registration of brokers and

SALESMEN OF SECURITIES.

G. L. IIOA, § 8
etc., amended.

Registration
of brokers and
salesmen of
securities,
revocation, etc.

Be it enacted, etc., as follows:

Section eight of chapter one hundred and ten A of the General
Laws, inserted by section one of chapter four hundred and ninety-
nine of the acts of nineteen hundred and twenty-one, as amended
by section one of chapter three hundred and seventeen and by
section three of chapter four hundred and thirty -five of the acts
of nineteen hundred and twenty-two, is hereby further amended
by striking out all after the word "revoke" in the forty-seventh
line and inserting in place thereof the following : — his registra-
tion either as broker or salesman or both. Upon the revocation
of his registration, a broker or salesman shall not be regarded as
registered nor be entitled thereafter to registration as either a
broker or salesman, nor shall any firm of which he is a member,
nor any corporation of which he is an officer, a manager or agent
be regarded as registered or be entitled to registration, under
the provisions of this chapter unless and until such revocation
shall be' annulled by the commission or by the court.

Approved February 21, 1923.

Chap. 49 An Act authorizing the wentworth institute to hold
additional real and personal estate.

1904, 221, § 1,
amended.

Wentworth
Institute may
hold real and
personal estate.

Be it enacted, etc., as follows:

Section one of chapter two hundred and twenty-one of the
acts of nineteen hundred and four is hereby amended by striking
out, in the third line, the word "five" and inserting in place
thereof the word : — ten, — so as to read as follows : — Section
1. The Wentworth Institute is hereby authorized to hold, for
the purposes for which it is incorporated, real and personal estate
to an amount not exceeding ten million dollars in value, including
the amount which it is already authorized by law to hold.

Approved February 23, 1923.

Chap. 50 An Act to promote the usefulness of public school

PROPERTY TO THE COMMUNITIES OF THE COMMONWEALTH.

Be it enacted, etc., as follows:

Section seventy-one of chapter seventy-one of the General
Laws is hereby amended by inserting after the first sentence the
following new sentence : — The use of such property as a place
of assemblage for citizens to hear candidates for public office
shall be considered a civic purpose within the meaning of this
section, — so as to read as follows : — Section 71 . For the
school property, purposc of promoting the usefulness of public school property
the school committee of any town may conduct such educational

G. L. 71, § 71,
amended.

Public use of

Acts, 1923. — Chaps. 51, 52. 25

and recreational activities in or upon school property under its
control, and, subject to such regulations as it may establish,
and, consistently and without interference with the use of the
premises for school purposes, shall allow the use thereof by
individuals and associations for such educational, recreational,
social, civic, philanthropic and like purposes as it deems for the
interest of the community. The use of such property as a place civic purpose,
of assemblage for citizens to hear candidates for public office '^"^an'ng-
shall be considered a civic purpose within the meaning of this
section. This section shall not apply to Boston.

Approved February 23, 1923.

An Act relative to the transmission to the general QJkij) 51

COURT BY the DEPARTMENT OF EDUCATION OF PETITIONS
RELATING TO EDUCATIONAL INSTITUTIONS.

Be it enacted, etc., as follows:

Section six of chapter three of the General Laws is hereby g. l. 3, § 6,
amended by striking out, in the thirteenth and fourteenth lines, ^"^^'^'^^d.
the words "If the petition is approved by said department, it
shall transmit it" and inserting in place thereof the words: —
Said department shall transmit said petition, — so as to read as
follows: — Section 6. Whoever intends to present to the general Petitions for
court a petition for the incorporation of a college, university or etc., of educa-
other educational institution with power to grant degrees, or tions'tcTbe*^""
for an amendment to the charter of any existing educational deposited in
institution which will give it such power, shall on or before education, etc
November first prior to its intended presentation deposit the
same in the office of the department of education. The pe- Newspaper
titioners shall give notice of the petition by publishing a copy i>ot»ce.
thereof once in each of three successive weeks in such newspapers
as the commissioner of education may designate, the last publi-
cation to be made at least fourteen days before the session of the
general court at which the petition is to be presented; and the
petitioners shall, on or before January first, file with the said
commissioner satisfactory evidence that the petition has so been
published. Said department shall transmit said petition to the Transmission
general court during the first week of the following session, °enemUourt
together with its recommendations relative thereto.

Approved February 23, 1923.

An Act to allow inmates of penal institutions to attend ni.f^^ co

THE FUNERALS OF THEIR SPOUSES AND NEXT OF KIN. ^'

Be it enacted, etc., as follows:

Chapter one hundred and twenty-seven of the General Laws g. l. 127, new
is hereby amended by inserting after section ninety the following f^^°^ ^^*®'"
new section: — Section 90 A. An inmate of a penal institution Attendance of
may, in the discretion of the officer in charge of such institution, b^y^^mltfs^of^
be allowed to attend, in the custody of an officer thereof, the penal institu-
funeral of his or her spouse or any next of kin. ^°^'

Approved February 23, 1923.

Acts, 1923. — Chaps. 53, 54, 55.

Chart. 53 An Act to authorize the children's hospital in the city

OF BOSTON TO HOLD ADDITIONAL REAL AND PERSONAL
ESTATE.

Be it enacted, etc., as follows:

Hos Tta^ma" ^ '^^® Children's Hospital, incorporated by chapter forty-four

hold additional of the acts of eighteen hundred and sixty-nine, is hereby au-

property. thorized to hold, for the purposes for which it is incorporated,

real and personal estate to an amount not exceeding three

million five hundred thousand dollars in value, including the

amount which it is already authorized by law to hold.

Approved February 23, 1923.

Chav. 54 An Act relative to the payment of dividends of credit

UNIONS BY CREDITING THE SAME TO MEMBERS' DEPOSIT AC-
COUNTS.

G. L. 171, § 23,
amended.

Payment of
dividends of
credit unions.

Be it enacted, etc., as follows:

Section twenty-three of chapter one hundred and seventy-one
of the General Laws is hereby amended by striking out the last
sentence and inserting in place thereof the following: — Divi-
dends due to a member shall, at his election, be paid him in
cash or be credited to his account in either shares or deposits,
— so that the second paragraph will read as follows : — Such
dividends shall be paid on all fully paid shares outstanding at the
close of the fiscal year, but shares which become fully paid
during the year shall be entitled only to a proportional part of
said dividend, calculated from the first day of the month follow-
ing such payment in full. Dividends due to a member shall, at
his election, be paid him in cash or be credited to his account
in either shares or deposits. Approved February 23, 1923.

Chav. 55 An Act relative to the liquidation of credit unions.

Be it enacted, etc., as follows:

G. L. 171, § 27,
amended.

Liquidation of
credit unions.

Charter to
become void,
etc.

Chapter one hundred and seventy-one of the General Laws is
hereby amended by striking out section twenty-seven and in-
serting in place thereof the following: — Section 27. At any
meeting specially called for the purpose, the members, upon
recommendation of not less than two thirds of the board of di-
rectors, may, by a two thirds vote of those present and entitled
to vote, vote to liquidate the corporation. A committee of
three shall thereupon be elected to liquidate the assets of the
corporation under the direction of the commissioner, and each
share of the capital stock, according to the amount paid thereon,
shall be entitled to its proportional part of the assets in liquida-
tion after all deposits and debts have been paid; and the charter
of such corporation, voting to liquidate in accordance with this
section, shall become void except for the purpose of discharging
existing obligations and liabilities.

Approved February 23, 1923.

Acts, 1923. — Chaps. 56, 57. 27

An Act to provide for a larger current appropriation (Jjidj)^ 56

FOR THE FINANCE COMMISSION OF THE CITY OF BOSTON.

Be it enacted, etc., as folloivs:

The finance commission of the city of Boston may expend appfopHatlon*
during the current year the sum of ten thousand dollars for in- for Boston
vestigation purposes, in addition to such sums as it is authorized m'Sion.''°
to expend annually under the provisions of section twenty of
chapter four hundred and eighty-six of the acts of nineteen hun-
dred and nine; and such additional sum shall be appropriated
by said city. Approved February 23, 1923.

An Act authorizing each division of the department of QJid^j 57

PUBLIC WORKS TO SELL CERTAIN MAPS.

Be it enacted, etc., as follows:

Section 1. Section one of chapter eighty-one of the General ^^^ed^ ^'
Laws is hereby amended by inserting after the word "practi-
cable" in the eleventh line the words: — , and may sell such
maps or other maps prepared by it from time to time in con-
nection with the work under its charge at such prices and on
such conditions as it may determine, — so as to read as follows:
— Section 1. The division of highways of the department of ^f^dfvfgi^a^of^
public works, in this chapter called the division, shall compile highways of
statistics relative to the public ways of counties, cities and puwL works"
towns, and make such investigations relative thereto as it con-
siders expedient. It may be consulted by, and shall, wuthout
charge, advise officers of counties, cities or towns having the
care of and authority over public ways, as to their construction,
maintenance, alteration or repair; but such advice shall not im-
pair the legal duties and obligations of any county, city or town.
It shall prepare maps of the commonwealth on which shall be
shown county, city and town boundaries, the public ways and
the state highways, with their names if practicable, and may Sale of maps,
sell such maps or other maps prepared by it from time to time
in connection with the work under its charge at such prices and
on such conditions as it may determine. It shall give suitable
names to state highways and may change the name of any way
which becomes a part of a state highway. It may erect suitable
guide posts and markers at convenient points on state highways
or on ways leading thereto, and may place upon all main high-
ways between cities and towns signboards indicating city and
town lines and displaying the names of the cities and towns ad-
joining at the said lines. The signs shall be so constructed and
marked as to exhibit plainly the names of the cities and towns
to persons passing in motor vehicles or otherwise. The posts to
hold the signboards shall be constructed of concrete, and the ex-
pense of erecting the signboards and posts shall be paid from the
appropriations for the maintenance of state highways. It shall
collect and collate information relative to the geological forma-
tion of the commonwealth so far as it relates to the materials
suitable for road building, the location of which it shall, so far

Acts, 1923. — Chap. 58.

G. L. 91. § 33.
amended.

Division of
waterways and
public lands of
department of
public works,
topographical
survey of com-
monwealth,
etc.

Sale of maps,
etc.

as practicable, designate on said maps, which shall be open to
the inspection of officers of counties, cities and towns having the
care of and authority over public ways. It shall give public
notice of and hold at least one public meeting annually in each
county for the open discussion of questions relative to the public
ways.

Section 2. Section thirty-three of chapter ninety-one of the
General Laws is hereby amended by adding at the end thereof
the following : — The division may sell at such prices and on
such conditions as it may prescribe maps prepared by it from
time to time in connection with the work under its charge, — so
as to read as follows : — Section S3. The division may make
such surveys and do such other work as may be required by any
order of the land court, to re-establish and permanently mark
certain triangulation points and stations previously established
in connection with the topographical survey of the common-
wealth, and the town boundary survey, which have been lost or
destroyed, and to obtain the geographical position of such new
points and stations as may be required from time to time by the
court. The division may sell at such prices and on such con-
ditions as it may prescribe maps prepared by it from time to
time in connection with the work under its charge.

Approved February 34, 1923.

Chav. 58 •^N Act changing the title of the chief engineer of the

FIRE department OF THE CITY OF CHICOPEE.

1897, 239, § 20,
amended.

Fire depart-
ment of city of
Chicopee, title
of chief engi-
neer changed,
etc.

Be it enacted, etc., as follows:

Section 1. Section twenty of chapter two hundred and
thirty-nine of the acts of eighteen hundred and ninety-seven is
hereby amended by striking out, in the second and third lines,
the word "engineer" and inserting in place thereof the words:
— of the fire department, — and by inserting after the word
"The" in the eighteenth line the words: — chief of the fire de-
partment and, — so as to read as follows : — Section 20. The
board of aldermen may establish a fire department for said city,
to consist of a chief of the fire department and such other officers
and members as the board of aldermen by ordinance shall from
time to time prescribe; and said board of aldermen shall have
authority to fix the time of their appointment and the term of
their service, to define their powers and duties, and in general to
make such regulations concerning the pay, conduct and govern-
ment of such department, the management of fires and the con-
duct of persons attending fires, as they may deem expedient, and
may fix such penalties for any violation of such regulations, or
any of them, as are provided for the breach of the ordinances
of said city. The appointment of all officers and members of
such department shall be vested in the mayor exclusively, who
shall also have authority to remove from office, after hearing,
any officer or member for such cause as he shall deem sufficient.
The chief of the fire department and engineers so appointed shall
be firewards of the city; but the aldermen may authorize the
appointment of additional firewards. The compensation of the

Acts, 1923. — Chaps. 59, 60. 29

officers and members of the department shall be fixed by ordi-
nance.

Section 2. This act shall take efTect upon its acceptance by to be sub-
vote of the board of aldermen of the city of Chicopee, subject ^f'^i^tmenr"^
to the provisions of its charter; provided, that such acceptance etc.
occurs prior to December thirty-first in the current year. Proviso.

Approved February 24, 1923.

An Act to change the title of the city marshal of the qj^q^jj 59
city of chicopee.

Be it enacted, etc., as folloics:

Section 1. Section twenty-two of chapter two hundred and ^^^i^^^^j ^ ^^•
thirty-nine of the acts of eighteen hundred and ninety-seven is
hereby amended by striking out the words "city marshal"
wherever they occur and inserting in place thereof in each
instance the words : — chief of police, — so as to read as fol-
lows : — Section 22. The board of aldermen shall establish by Police depart-
ordinance a police department, consisting of a chief of police chfcopee^tftie
and of such subordinate officers and other members of the police g^^^Je^''''^''''^
force as it may prescribe, and may make regulations for the
government of said department. The power of appointment of
said chief of police, subordinate officers and members of the
police force shall be vested in the mayor exclusively, and he shall
have power to remove the members of the regular police force,
after hearing, for such cause as he shall deem sufficient. All
the members of the present regular police force except the chief
of police or marshal, and such members as may hereafter be ap-
pointed except the chief of police, shall hold office during good
behavior, and be subject to removal in the manner above pro-
vided. The mayor shall have the power to remove the chief of
police at any time. The chief of police shall give a bond to the
city in such sum and with such sureties as the board of aldermen
may from time to time require.

Section 2. The words "city marshal" or any words re- words "city
ferring to such officer, wherever they appear in any other pro- JX'^coMt/ued,
vision of law, shall, in so far as such provision relates to the city etc
of Chicopee, be construed to mean or refer to the chief of police
of said city.

Section 3. This act shall take effect upon its acceptance by to be sub-
vote of the board of aldermen of the city of Chicopee, subject ^'aidermen°^'^
to the provisions of its charter; provided, that such acceptance •'*''•
occurs prior to December thirty-first in the current year. roviso.

Approved February 24, 1923.

An Act relative to the publication of notice in divorce fhr,^ gn

CASES. ^'

Be it enacted, etc., as follows:

Section eight of chapter two hundred and eight of the General *^-^^'j^'|?' ^ ^•
Laws is hereby amended by striking out, in the third and fourth
lines, the words " the libel or of the substance thereof, with the
order thereon" and inserting in place thereof the words: — such

Acts, 1923. — Chaps. 61, 62.

Summons by
notice to li-
bellee in
divorce cases.

a form of notice, as it or he may require, — so as to read as fol-
lows : — Section 8. The court or clerk may order the libellee to
be summoned to appear and answer at the court having juris-
diction of the cause, by the publication of such a form of notice,
as it or he may require, in one or more newspapers to be desig-
nated in the order, or by delivering to the libellee an attested
copy of the libel and a summons, or in such other manner as it
or he may require. If such order is made by the clerk, the court
may order an additional notice. If the libellee does not appear
and the court considers the notice defective or insufficient, it
may order further notice. Approved February 34, 1923.

Chap. 61 An Act relative to the fire department of the city of

NEW BEDFORD.

New Bedford
fire depart-
ment, appoint-
ments, etc., if
new board, etc.,
of control, etc.,
is established.

As affecting
eligibility for
retirement, etc.

Be it enacted, etc., as follows:

Section 1. The city council of the city of New Bedford may,
if in the year nineteen hundred and twenty-three it shall have
created and established a new and differently constituted and
organized board or agency of control and management of its fire
department by authority of law, appoint, or authorize the ap-
pointment of, the present chief engineer and the several assistant
engineers to ranking positions and capacities in the permanently
employed, organized fire force of said city, without compliance
with the general requirements of civil service laws and rules.
Said engineers, when appointed, shall bear such title and desig-
nation as the city council shall determine and shall perform the
duties to which they shall be assigned by it, and shall, except
with respect to their appointment, be subject to all ci\-il service
laws and rules and entitled to all benefits and privileges thereby
conferred.

In calculating the time of employment and service for the
purpose of determining eligibility for retirement and pension,
the period for which the said chief engineer and assistant engi-
neers have held their former and present offices and positions in
the fire force of said city shall be regarded as service in its fire
department within the meaning of the pension and retirement
laws.

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

Approved February 26, 1923.

Chap.

1909, 231, new
section after

City of Wal-
tham, board of
survey consoli-
dation with
planning board,
etc.

62 An Act permitting the city of waltham to change the
number OF members of its board of survey and to con-
solidate SAID board with ITS PLANNING BOARD.

Be it enacted, etc., as follows:

Section 1. Chapter two hundred and thirty -one of the acts
of nineteen hundred and nine is hereby amended by inserting
after section eight the following new section: — Section 9. Said
city may by ordinance from time to time change the number of
persons who shall constitute said board of survey. Said city
may by ordinance consolidate said board with the planning
board required by section seventy of chapter forty-one of the

Acts, 1923. —Chaps. 63, 64, 65. 31

General Laws. Such consolidated board shall be known as the
board of survey and planning, and shall have all the rights,
powers, duties and obligations of both of said boards.
Section 2. This act shall take effect upon its passage.

Approved February 26, 1923.

An Act authorizing the city of lynn to borrow money Qjinj) gQ

FOR school purposes.

Be it enacted, etc., as foUoivs:

Section 1. The city of Lynn, for the purpose of construct- city of Lynn
ing, equipping and furnishing school buildings and of purchasing SoneyTor"
land therefor, may borrow from time to time such sums as may school purposes.
be necessary, not exceeding, in the aggregate, five hundred thou-
sand dollars, and may issue bonds or notes therefor, which shall
bear on their face the words, Lynn School Loan, Act of 1923. ^l^^ ^Mt'oi
Each authorized issue shall constitute a separate loan. Indebted- 1923. '
ness 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 February 26, 1923.

An Act authorizing the city of new Bedford to incur fhriq^ aA
indebtedness for sewerage purposes.

Be it enacted, etc., as follows:

Section 1. For the purpose of sewer construction, the city City of New
of New Bedford may from time to time borrow such sums as may bon-o'w'iMney
be necessary, not exceeding, in the aggregate, two hundred thou- ^°^ sewerage
sand dollars, and may issue bonds or notes therefor, which shall
bear on their face the words. New Bedford Sewer Loan, Act of ^^^e^LoIn^'^
1923. Each authorized issue shall constitute a separate loan. Act of 1923.'
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 February 26, 1923.

An Act authorizing the city of new Bedford to incur (JJkit) 65
indebtedness for constructing a water intake gate-
house structure and screen basin and extending its
principal water mains.

Be it enacted, etc., as follows:

Section 1. For the purpose of constructing a water intake city of New
gate-house structure and screen basin and extending its principal bon-ow'money
water mains, the city of New Bedford may from time to time for water sup-
borrow such sums as may be necessary, not exceeding, in the ^ ^ purposes.
aggregate, three hundred and fifty thousand dollars, and may
issue bonds or notes therefor, which shall bear on their face the
words. New Bedford Water Loan, Act of 1923. Each authorized New Bedford

Water Loan,
Act of 1923.

Acts, 1923. — Chap. 66.

issue shall constitute a separate loan, and such loans shall be
payable in not more than thirty years from their dates. In-
debtedness 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 February 26, 1923.

G.L. 41, § 1,
amended.

Election of
town officers.

Chap. 66 An Act relative to the terms of office of town

TREASURERS AND COLLECTORS OF TAXES.

Be it enacted, etc., as follows:

Section one of chapter forty-one of the General Laws is hereby
amended by striking out, in the sixth and in the seventh lines,
the word "year" and inserting in place thereof in each instance
the words : — or three years, — so as to read as follows : —
Section 1. Every town at its annual meeting shall in every year
when the term of office of any incumbent expires, and except
when other provision is made by law, choose by ballot from its
inhabitants the following town officers for the following terms
of office:

A town clerk for the term of one or more years.

A town treasurer for the term of one or three years.

One or more collectors of taxes for the term of one or three
years, unless the town votes otherwise or votes to authorize its
treasurer to act as collector.

Three or five selectmen for the term of one or three years.

Three or five assessors for the term of three years.

Three or five overseers of the poor for the term of one or three
years unless the town votes to authorize its selectmen to act as
overseers of the poor.

One or three auditors for the term of one year, unless a town
accountant is appointed.

One or more highway surveyors for the term of one or three
years; or

A road commissioner for the term of one year; or

Three road commissioners for terms of three years, as the
town may vote.

A sewer commissioner for the term of one year; or

Three sewer commissioners for the terms of three years if the
town has provided for such officers, unless the town by vote
authorizes its road commissioners to act as sewer commissioners.

A tree warden for the term of one year.

One or more constables, unless the town by vote provides
that they shall be appointed.

Three, or a number not exceeding fifteen, divisible by three,
members of the school committee for terms of three years.

Three or more assistant assessors, if the town so votes, for the
term of three years.

Three members of the board of health for the term of three
years if the town provides for such board, otherwise the selectmen
shall act as a board of health.

Acts, 1923. — Chap. 67. 33

All other town officers shall be appointed by the selectmen Appointments
unless other pro\ision is made by law or by vote of the town. y s^ ec men.
Women shall be eligible to all town offices, notwithstanding Women eligible

. 1 1 . . 1 . to all town

an}' special law to the contrary. offices.

In any case where three or more members of a board are to piurai boards,
be elected for terms of more than one year, as nearly one third eiecte'd'"'^'^
as may be shall be elected annually. annually.

Approved February 26, 1923.

An Act authorizing the sale or lease of certain land QJi^jj (57

HELD BY THE CITY OF LYNN FOR PLAYGROUND PURPOSES.

Be it enacted, etc., as folloics:

Section 1. The city of Lynn may, by a majority vote of its city of Lynn
city council, approved by the mayor, lease with the option of i^Se certain
purchase or may sell and convey in fee a certain parcel of land, ^'^la'^^oifn^f'"
or any part thereof, situated in said city, and now held by it for purposes.
playground purposes and bounded and described as follows : —
beginning at a point in Summer street and thence running in a
northerly direction three hundred and seventy-nine and forty-
four hundredths feet; thence easterly by two courses two hun-
dred and eighteen and ninety-five hundredths feet; thence
northerly four hundred and thirty-six feet; thence in a north-
easterly direction one hundred and sixteen and thirty-five hun-
dredths feet to the southerly line of the Saugus branch of the
Boston and Maine Railroad; thence in a westerly direction four
hundred and seventy-nine and fifty hundredths feet along said
southerly line of the railroad; thence in a southwesterly di-
rection one hundred and forty-six and eighty-eight hundredths
feet ; thence in a more southwesterly direction four hundred and
fifty-three and thirty hundredths feet to the northerly line of
Summer street; thence by a curved line two hundred and seven-
teen and sixty-six hundredths feet on said Summer street to the
point of beginning and being shown on a plan as " Little River
Playground at Summer Street, Lynn, Mass., December 30,
1919" and being plan numbered 8-G-2 in the office of the city
engineer, Lynn, Massachusetts.

The terms and covenants of any lease and the price or prices Terms, prices,
to be paid for the said land shall be fixed by the mayor, the city ^^e'd. *' ^ °™
council and the board of park commissioners, and the money Disposition of
received therefor shall be appropriated and expended for the ^^°^^'^
purchase or development of playgrounds in the city. The mayor
may execute and deliver, on behalf of the city of Lynn, such
instruments as may be necessary to transfer said land to any
lessee or purchaser.

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

Approved February 26, 1923.

Acts, 1923. — Chaps. 68, 69.

G. L. 131, § 16,
amended.

Chap. 68 An Act relative to the burden of proof in prosecutions

FOR CERTAIN VIOLATIONS OF THE LAWS RELATIVE TO HUNT-
ING AND TRAPPING BY ALIENS.

Be it enacted, etc., as follows:

Section sixteen of chapter one hundred and thirty-one of the
General Laws is hereby amended by adding at the end thereof
the following: — If, in any prosecution for violation of this
section, the defendant alleges that he has been naturalized or
that he owns real estate in the commonwealth to the value of
five hundred dollars or more, the burden of proving the same
shall be upon him, — so as to read as follows: — Section 16.
No unnaturalized foreign born person who has resided within
the commonwealth for ten consecutive days, who does not own
real estate in the commonwealth to the value of five hundred
dollars or more, shall hunt, capture or kill any wild bird or
animal of any description, excepting in defence of the person,
and no such person shall, within the commonwealth, own or
have in his possession or under his control a shotgun or rifle;
any shotgun or rifle owned by him or in his possession or under
his control shall be forfeited to the commonwealth. Violations
of this section shall be punished by a fine of fifty dollars or by
imprisonment for not more than one month, or both. If, in any
prosecution for violation of this section, the defendant alleges
that he has been naturalized or that he owns real estate in the
commonwealth to the value of five hundred dollars or more, the
burden of proving the same shall be upon him.

Approved February 26, 1923.

Certain un-
naturalized
foreign born
residents pro-
hibited from
hunting, etc.

Penalty.

Burden of
proof in prose-
cutions.

Town of
Andover may
construct an
outfall sewer
for the disposal
of its sewage.

Chap. 69 An Act authorizing the town of andover to construct

AN OUTFALL SEWER FOR THE DISPOSAL OF ITS SEWAGE.

Be it enacted, etc., as follows:

Section 1. For the purpose of disposing of the sewage and
manufacturing wastes of the town of Andover, said town may
lay out, construct and maintain an outfall sewer with an outlet
into the Merrimack river, and for the aforesaid purpose may take
by eminent domain under chapter seventy-nine of the General
Laws, or acquire by purchase or otherwise, such lands, water
rights, rights of way and easements in said town as may be
deemed necessary for the establishment of such system of sewage
disposal and for any connections therewith, and may so take or
acquire a strip of land of such width as may be deemed necessary
on the westerly side of the Shawsheen river extending from the
boundary of said town through a portion of the city of Lawrence
to said Merrimack river. For the aforesaid purpose, said town
may lay sewers through private and other lands and under any
way or railroad, and for the aforesaid purpose or for repairing
such sewers, may enter upon and dig up such private and other
lands, ways or railroads in such manner as not unnecessarily to
obstruct the same; provided, that said town shall not do any
of the aforesaid work within the location of any railroad corpora-

Proviso.

Acts, 1923. — Chap. 70. 35

tion except at such time and in such manner as it may agree
upon with such corporation, or, in case of failure so to agree, as
may be appro\ed by the department of pubHc utilities. Said
town shall leave any way so dug up in the city of Lawrence in a
condition satisfactory to the city engineer of said city.

Section 2. No act shall be done under authority of the pre- pians, etc., to
ceding section until plans of said outfall sewer with an outlet sfatTdepI^f- ''^
into the INIerrimack river shall have been approved by the de- !"«"* °f public
partment of public health of the commonwealth, and no lands,
water rights, rights of way, or easements outside the boundaries
of the town of Andover shall be taken or acquired by said town
until approved by the said department after notice to the cities
and towns affected by said acquisition or taking and a public
hearing by said department to all parties interested.

Section 3. Any person injured in his property by any action Recovery of
of said town under this act may recover damages from said town damages.
under said chapter seventy-nine.

Section 4. For the purpose of paying the necessary ex- May borrow
penses and liabilities incurred under this act, said town may from i^oney.
time to time borrow such sums as may be necessary not exceed-
ing, in the aggregate, one hundred and fifty thousand dollars,
and may issue bonds or notes therefor, which shall bear on their
face the words, Andover Sewer Loan, Act of 1923. Each au- Andover Sewer
thorized issue shall constitute a separate loan. Indebtedness J^g"^"- ^"'^ °^
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 5. This act shall take effect upon its passage, but To be sub-
no expenditure shall be made and no liability incurred there- voters, etc
under unless said act shall first be accepted by vote of two thirds
of the legal voters of the town of Andover present and voting
thereon at a legal meeting called for that purpose within three
years from the date of its passage.

Approved February 26, 1923.

An Act validating the acceptance by the voters of the (JJku) 7Q
toavn of gardner of the act incorporating the city of

GARDNER.

Be it enacted, etc., as follows:

Section 1 . Chapter one hundred and nineteen of the acts Acceptance by
of nineteen hundred and twenty-one, entitled "An Act to in- ner^of "he^ct'^"
corporate the city of Gardner", shall be deemed to have been incorporating
duly and regularly accepted by a majority of the voters of the Gardner,
town of Gardner voting thereon under section fifty-three of said ^^.hdated.
chapter one hundred and nineteen at the annual town election
in the year nineteen hundred and twenty-two, notwithstanding
that the question placed on the official ballot at said election did
not conform to that set forth in said section fifty-three.

Section 2. No election or appointment and no act or pro- Elections,
ceeding of said city, or of any board, commission, officer or agent ac£°et(r^°*^'
thereof, shall be deemed invalid by reason of any irregularity or validated.
informality attending the submission of said chapter one hun-

Acts, 1923. —Chaps. 71, 72.

dred and nineteen to the voters of the town of Gardner, but all
said elections, appointments, acts and proceedings, if otherwise
in conformity to law, are hereby validated and confirmed.
Section 3. This act shall take effect upon its passage.

Approved February 28, 1923.

Chap. 71 An Act relative to the sale of land subject to a con-
ditional LIMITATION OR REVERSION.

Be it enacted, etc., as follows:

Section forty-nine of chapter one hundred and eighty-three of
the General Laws is hereby amended by inserting after the word
"devise" in the second line the following: — , conditional limi-
tation, reversion, — so as to read as follows : — Section 49. If
land is subject to a vested or contingent remainder, executory
devise, conditional limitation, reversion or power of appoint-
ment, the probate court for the county where such land is
situated may, upon the petition of any person having an estate
or interest therein, either present or future, vested or contingent,
and after notice and other proceedings as hereinafter required,
appoint one or more trustees and authorize him or them to sell
and convey such land or any part thereof in fee simple, if such
sale and conveyance appears to the court to be necessary or ex-
pedient, or to mortgage the same for such an amount, on such
terms and for such purposes as may seem to the court judicious
or expedient; and such conveyance or mortgage shall be valid
and binding upon all parties. Approved February 28, 1923.

G. L. 183, § 49,
amended.

Probate court
may appoint
trustees to
convey, etc.,
land subject
to remainder,
conditional
limitation,
reversion, etc.

Chap. 72 An Act incorporating the wilbur h. h. ward educational

TRUST, incorporated.

The Wilbur
H. H. Ward
Educational
Trust, Incorpo-
rated, incorpo-
rated.

Authorized to
receive prop-
erty, etc.

Be it enacted, etc., as follows:

Section 1. Ernest M. Whitcomb, Cady R. Elder and Wil-
liam T. Chapin, all of the town of Amherst, county of Hampshire
and commonwealth of Massachusetts, trustees under the will
and codicils of Wilbur H. H. Ward, late of said town of Amherst,
and their successors in office as trustees appointed, in accordance
with section four, are hereby made a corporation, under the name
of The Wilbur H. H. Ward Educational Trust, Incorporated,
with the right to receive and administer the bequests and en-
dowments to them accruing under said will and codicils, which
provide for assisting young men of good character, residents of
said Hampshire county, who are pursuing a course of study at
Massachusetts Agricultural College, or, if said college ceases to
exist, at some other selected institution of learning located within
this commonwealth, and who, in the opinion of said trustees and
their successors, shall be worthy of such assistance, preference
being given to young men who are residents of the town of Am-
herst.

Section 2. The corporation is hereby authorized to receive
all the rest and residue of the estate, both real and personal, of
said Wilbur H. H. Ward remaining after payment of his debts,

Acts, 1923. —Chap. 72. 37

and the legacies given by his will and codicils, and the expenses
of administering his estate, and to invest and reinvest the prin-
cipal of said trust fund by depositing the same in Massachusetts
sa\'ings banks or by investing in such securities as are legal in-
vestments for savings banks in this commonwealth, and to hold,
manage and expend the income received therefrom in accordance
with the terms of said will and the provisions of this act of in-
corporation, and to sell at public or private sale any part or all ^tatlfitc
the estate so received and held by it, if in performance of the
duties of the trust it becomes, in the opinion of the trustees, neces-
sary or expedient; and to execute and deliver good and sufficient
deeds or other instruments transferring and conveying the same.

Section 3. The corporation is hereby authorized to deduct Expenses.
from the income of said trust fund the necessary expenses of
carrying out the trust, including such reasonable compensation
for the trustees as may be fixed by the judge of the probate court
for Hampshire county; and to appropriate and expend the net Annual income
remainder of the annual income of said trust fund, or such part how to be" '
thereof as in the opinion of the trustees shall be deemed expedient, ^p^"*-
for the assistance of young men of good character, residents of
Hampshire county, who are pursuing a course of study at Massa-
chusetts Agricultural College, or if at any time the Massachu-
setts Agricultural College shall cease to exist as an institution of
learning, at such institution of learning located within this com-
monwealth as the trustees may select, and who, in the opinion
of the trustees shall be worthy of such assistance, preference
being given to young men who are residents of the town of
Amherst; and if any portion of said net annual income shall ?n1xpend°ed°net
remain unexpended or unappropriated by the trustees in any annual income.
year, such unexpended income may be added to the principal
and shall thereupon become a part thereof, or, in the discretion
of the trustees may be carried over and added to the income of
the succeeding year and appropriated and expended by the
trustees as hereinbefore provided.

Section 4. The corporation shall exercise its powers and bondt^'^vkcan-
perform its duties by and through three trustees; said Ernest cies, etc.
M. Whitcomb, Cady R. Elder and William T. Chapin, and their
successors in office shall be the trustees, and shall furnish official
bonds with surety, as required by the judge of said probate court,
in a sum not less than the principal of the trust funds in their
hands, the cost of furnishing such surety to be paid from the
net income of said trust fund, as an expense incidental to the
carrying out of the trust as hereinbefore created; upon the de-
cease or resignation of any of said trustees, or if at any time a
vacancy occurs in the office of trustee created herein, then and
in that event the remaining trustee or trustees shall petition the
probate court for the county of Hampshire to appoint a trustee
or trustees to fill such vacancy; and in the event that there shall
be no trustee surviving, or the surviving trustee or trustees fail
to bring such petition, then such petition may be brought by the
executor or administrator of a deceased trustee or by any person
desirous of promoting the carrying on of this trust; the trustees Annual report
shall file in the office of the register of probate for said county of probate for

Acts, 1923. — Chap. 73.

Hampshire
county.

Hampshire, annually, an itemized and detailed report of their
receipts and expenses during each calendar year, with a state-
ment of the funds on hand and how invested and where deposited
on the first day of January in each year during the continuance
of said trust, the first report to be made in January, nineteen
hundred and twenty-four. Approved February 28, 1923.

Town of Need-
ham, official
tellers at town
meetings, ap-
pointment,
duties, etc.

Chap. 73 An Act providing for the submission of certain votes

AND MOTIONS FOR REFERENDUM IN THE TOWN OF NEEDHAM.

Be it enacted, etc., as follows:

Section 1. At every town meeting and adjournment thereof,
held in the town of Needham, except that part of the annual
meeting held for the election of town officers, officers to be ap-
pointed for the purpose by the selectmen and 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 forth-
with make return in writing to the town clerk under oath, which
may be administered by the town clerk, of the number of voters
admitted to each meeting and shall file with their return any
check list used by them.

Section 2. Except as otherwise provided herein, any vote
passed or motion rejected at any original or adjourned town
meeting attended by eight hundred or more voters according to
the official tellers' return 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
ratification has been filed, until the question of the ratification
of such vote has been voted upon in the manner hereinafter pro-
vided. 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 appropriations under the provisions of sec-
tion 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 adjournment
or dissolution of any town meeting, a petition addressed to the
selectmen shall be filed with the town clerk, signed by at least
one hundred registered voters, requesting that any vote passed
or motion rejected at such meeting which is subject to ratification
or determination be submitted to the voters of the town for
ratification or determination by official ballot, then the town
clerk shall forthwith 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

Submission of
certain votes
and motions
for referendum.

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.

Special town
Bipe^ing.

Acts, 1923. — Chap. 73. 39

tlie sole purpose, except as provided in this and the following
section, of submitting such vote or motion for ratification or de-
termination by the voters at large. At such special meeting so vote to be
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
dav of nineteen hundred and be (rati-

fied) (passed)?"

All other votes passed and motions rejected at the same town what votes and
meeting, petitions for the ratification or determination of which "cted upon,'^*'
have been transmitted to the selectmen in accordance with this etc
section, shall be acted upon as herein provided at such special
meeting. Any vote or motion submitted as aforesaid, if a ma- votes or
jority of the votes cast thereon are in the affirmative in answer cong^ered^*^"
to the cjuestion so submitted, shall be considered to be ratified ratified, etc.
or passed; otherwise such vote or motion shall have no force or
effect; pro\'ided, that if any vote or motion required for its Proviso.
original passage more than a majority of the votes cast at any
town meeting, then a like proportion of votes at such special
town meeting shall be required for ratification or passage.

Section 4. The selectmen shall prepare ballots to be used prepar'^bLfiots,
at such special meeting and the conduct of such meeting and direct conduct
the time of opening and closing the polls shall be subject to their ings, etc
direction but in accordance with such by-laws as the town may
adopt. In case two or more votes passed at a town meeting Referendum
relate to one subject-matter, and a petition is filed as aforesaid or more votes
for the ratification of one or more such votes, the selectmen may fo one sub-*^
in their discretion submit, in addition to those for which petitions ject-matter.
are filed, any or all of the votes relating to the same subject-
matter; and for this purpose a vote to borrow money 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 official ^pord official"
tellers' returns of the number of voters admitted to each meeting tellers' returns,
in the records of the meeting and shall preserve such returns serve rapies'^of
and all check lists filed as aforesaid until at least twenty days peft'ons, etc
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 town 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 eS' ^°''''^ ^"'^
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 the To be sub-
town of Needham for their acceptance at the next annual meeting voters, etc.
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 -three, entitled ' An Act providing for the submission

Acts, 1923. — Chaps. 74, 75.

Time of taking
effect.

of certain votes and motions for referendum in the town of
Needham' be accepted?" If a majority of the voters voting
thereon vote in the affirmative in answer to such question, there-
upon said act shall take effect in such town, but not otherwise.

Section 7. So much of this act as authorizes its submission
to the voters of said town for their acceptance shall take effect
upon its passage. Approved March 2, 1923.

Chap. 74 An Act authorizing the city of newburyport to incur

INDEBTEDNESS FOR HIGHWAY PURPOSES.

City of New-
buryport may
borrow money
for highway
purposes.

Newburyport
Highway
Widening and
Reconstruction
Loan, Act of
1923.

Be it enacted, etc., as follows:

Section 1. For the purpose of widening Merrimac street in
the city of Newburyport, and of acquiring land therefor by pur-
chase or otherwise, including the buildings on said land, and of
reconstructing said street, said city may from time to time borrow
such sums as may be necessary, not exceeding, in the aggregate,
one hundred and seventy-five thousand dollars, and may issue
bonds or notes therefor, which shall bear on their face the words,
Newburyport Highway Widening and Reconstruction Loan,
Act of 1923. 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 provided herein, be
subject to chapter forty-four of the General Laws.

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

Approved March 2, 1923.

Chap. 75 An Act authorizing the city of newburyport to incur
indebtedness for high school purposes.

City of New-
buryport may
borrow money
for high school
purposes.

Newburyport
High School
Loan, Act of
1923.

Be it enacted, etc., as follows:

Section 1. For the purpose of purchasing or otherwise ac-
quiring land in the city of Newburyport for high school purposes,
together with the buildings thereon, and for the original con-
struction of a high school building thereon, or for the construction
of an addition or additions to the present high school building,
or for the reconstruction or remodeling of said present high school
building, including the cost of the original equipment and furnish-
ings of such buildings or additions, the said city may from time
to time borrow such sums as may be necessary, not exceeding,
in the aggregate, two hundred and fifty thousand dollars, and
may issue bonds or notes therefor, which shall bear on their face
the words, Newburyport High School Loan, Act of 1923. 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 provided herein, be subject to chapter forty-
four of the General Laws.

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

Approved March 2, 1923.

Acts, 1923. — Chaps. 76, 77. 41

An Act authorizing the town of danvers to borrow Qjidj) yg

MONEY for school PURPOSES.

Be it enacted, etc., as folloios:

Section 1 . For the purpose of constructing a new high Town of Dan-
school building or additions to school buildings where such addi- row moifey'for
tions increase the floor space, and constructing other school school purposes.
buildings, and for the purpose of original equipment and furnish-
ings for said buildings or additions, the town of Danvers may
borrow from time to time such sums as may be necessary, not
exceeding, in the aggregate, three hundred thousand dollars, and
may issue bonds or notes therefor, which shall bear on their face
the words, Danvers School Loan, Act of 1923. Each authorized LoTn^'^Acfof""^
issue shall constitute a separate loan. Indebtedness incurred 1923.'
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 March 2, 1923.

An Act authorizing the town of Shrewsbury to make Qhrjq^ nn

AN additional WATER LOAN. ^ '

Be it enacted, etc., as follows:

Section 1. For the purpose of enlarging or improving its Town of
present water system, the town of Shrewsbury may borrow from may make^n
time to time such sums as may be necessary, not exceeding, in additional
the aggregate, twenty-five thousand dollars, and may issue bonds
or notes therefor, which shall bear on their face the words
Shrewsbury Water Loan, Act of 1923. Each authorized issue Shrewsbury
shall constitute a separate loan, and such loans shall be payable Act^o^f i^g'-'T'
in not more than twenty years from their dates. Indebtedness
incurred under this act shall be in excess of the statutory limit,
l)ut shall, except as provided herein, be subject to chapter forty-
four of the General Laws.

Section 2. Said town shall, at the time of authorizing said f^^/j^^^^ °^
loan or loans, 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 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 payments on the principal as may
be required under this act shall, without further vote, be assessed
by the assessors of said town annually thereafter in the same
manner as other taxes, until the debt incurred hereunder is ex-
tinguished.

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

Ap2?roved March 2, 1923.

Acts, 1923. — Chaps. 78, 79, 80.

Chap. 78 An Act authorizing the town of belmont to borrow

MONEY FOR HIGH SCHOOL PURPOSES.

Be it enacted, etc., as follows:

Town of Bel-
mont may
borrow money
for high school
purposes.

Section 1. For the purpose of constructing, furnishing and

equipping an addition to the present high school building in the

town of Belmont for the accommodation of the junior high school

until such time as such addition may be needed for high school

purposes, said town may from time to time borrow such sums

as may be necessary not exceeding, in the aggregate, one hundred

and seventy-five thousand dollars, and may issue bonds or notes

Belmont School thcrcfor, which shall bear on their face the words, Belmont

1923. ' School Loan, Act of 1923. 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 provided herein,

be subject to chapter forty-four of the General Laws.

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

Approved March 2, 1923.

Chap. 79 An Act authorizing the city of fall river to incur

INDEBTEDNESS FOR SEWER PURPOSES.

Be it enacted, etc., as follows:

Section L For the purpose of extending its sewer system,
the city of Fall River may from time to time borrow such sums
as may be necessary, not exceeding, in the aggregate, three hun-
dred thousand dollars, and may issue bonds or notes therefor,
which shall bear on their face the words, Fall River Sewer Loan,
Act of 1923. 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 2, 1923.

City of Fall
River may
borrow money
for sewer
purposes.

Fall River
Sewer Loan,
Act of 1923.

Chap. 80 An x\ct authorizing the town of belmont to make addi-
tional water LOANS.

Be it enacted, etc., as follows:

Town of Bel-
mont may
make
additional
water loans.

Section 1. For the purpose of extending and relaying its
water mains and improving its water distribution facilities, the
town of Belmont may from time to time borrow such sums as
may be necessary, not exceeding, in the aggregate, one hundred
thousand dollars, and may issue bonds or notes therefor, which
Belmont Water shall bear on their face the words, Belmont Water Loan, Act of
1923. Each authorized issue shall constitute a separate loan,
and such loans shall be payable in not more than twenty 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. The said town shall, at the time of the authoriza-
tion of said loan or loans, provide for the payment thereof in ac-

Loan, Act of
1923.

Payment
of loan.

Acts, 1923. — Chaps. 81, 82. 43

cordance with section one; and wlien a vote to that effect has
been passed, a sum wliich, with the income derived from water
rates, will be sufficient to pay the annual expense of operating
its water works, and the interest as it accrues on all bonds or
notes issued by the town for water department purposes under
this and prior acts, and to make such payments on the principal
thereof as may be required by law, shall, without further vote,
be assessed by the assessors of said town annually thereafter in
the same manner as other taxes until all the debt incurred here-
under is extinguished.

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

Approved March 2, 1923.

An Act authorizing the city of everett to extend (Jhnjj Qi

CERTAIN REVENUE LOANS.

Be it enacted, etc., as folloivs:

Section 1 . The city of Everett may refund or extend from city of
time to time for a period not exceeding two years from the date ]^fund"or"*^
of the passage of this act revenue loans issued on account of the extend certain

p.i -iiiii J. -J. revenue loans.

revenue oi the years nmeteen hundred and seventeen, nmeteen
hundred and twenty-one and nineteen hundred and twenty-two
and now outstanding, to an amount not exceeding three hundred
thousand dollars, the same to be outside the statutory limit of
indebtedness. None of the uncollected taxes of the year nine-
teen hundred and twenty-two and prior years shall be appro-
priated for any purpose other than to meet existing revenue
loans issued prior to January first, nineteen hundred and twenty-
three or refunding loans herein authorized, so long as any of such
loans are outstanding, but there shall be raised by the assessors
in the year nineteen hundred and twenty-five a sufficient sum
which, together with the receipts on account of the revenues of
the year nineteen hundred and twenty-two and previous years,
will extinguish said revenue loans and the refunding loans herein
authorized.
Section 2. This act shall take effect upon its passage.

Approved March 2, 1923.

An Act extending the time for the taking of the picture (JJiq^j) QO

entitled "the synagogue", now in the boston PUBLIC
LIBRARY.

Whereas, The deferred operation of this act would tend to de- Emergency
feat its purpose, therefore it is hereby declared to be an emer- Preamble,
gency law, necessary for the immediate preservation of the
public convenience.

Be it enacted, etc., as follows:

The time within which the department of education is required ^r™|kin®"'^icf
under chapter five hundred and forty-one of the acts of nineteen ture entitled
hundred and twenty-two to take by right of eminent domain the gogue/'^^ifow
picture entitled "The Synagogue", now in the Boston public '" P,9«t°"

i-i • 1 1 1 1 T 1 f . 1 II 1 public library.

hbrary, is hereby extended to July first, nmeteen hundred and
twenty-four. Approved March 2, 1923.

Acts, 1923. —Chaps. 83, 84.

Chap. 83 An Act authorizing the county of Bristol to pension

JULIA p. WILMARTH.

Be it enacted, etc., as follows:

Section 1. The county commissioners of the county of
Bristol may retire JuHa P. Wilmarth, for thirty years a clerk in
the registry of deeds for the northern district of said county, on
an annual pension not exceeding six hundred dollars, payable by
said county in monthly instalments.

Section 2. This act shall take eflFect upon its acceptance,
prior to December thirty-first in the current year, by the county
commissioners of said county. Approved March 2, 1923.

County of
Bristol may
pension Julia
P. Wilmarth.

To be sub-
mitted to
county com-
missioners.

G. L. 94, § 51,
amended.

Unlawful sale,
etc., of imita-
tion butter and
cheese, etc.

Chap. 84 An Act to regulate advertising of substitutes for

BUTTER.

Be it enacted, etc., as follows:

Section fifty-one of chapter ninety -four of the General Laws
is hereby amended by inserting after the word "cattle" in the
twelfth line the words : — , or whoever uses in any way in con-
nection or association with an advertisement of margarine,
oleomargarine or of any substance designed to be used as a
substitute for butter, the name or representation of any dairy
animal or breed of dairy cattle, or, with intent to deceive, uses
in any way in such connection or association the word "butter",
"creamery" or "dairy", or any other words or symbols com-
monly used only in advertisements of butter, — so as to read as
follows : — Section 51 . Whoever sells, exposes for sale or has in
his possession with intent to sell, any article, substance or com-
pound made in imitation or semblance of butter or cheese or as
a substitute therefor, except as provided in the two preceding
sections, and whoever with intent to deceive defaces, erases,
cancels or removes any mark, stamp, brand, label or wrapper
provided for in said sections, or in any manner falsely labels,
stamps or marks any box, tub, article or package marked,
stamped or labelled as provided in said sections, or whoever
himself or by his agent sells, exposes for sale, or has in his pos-
session with intent to sell, oleomargarine, contained in any box,
tub, article or package, marked or labelled with the word
"dairy", or the word "creamery", or the name of any breed of
dairy cattle, or whoever uses in any way in connection or asso-
ciation with an advertisement of margarine, oleomargarine or
of any substance designed to be used as a substitute for butter,
the name or representation of any dairy animal or breed of dairy
cattle, or, with intent to deceive, uses in any way in such con-
nection or association the word "butter", "creamery" or
"dairy", or any other words or symbols commonly used only in
advertisements of butter, shall for the first offence forfeit one
hundred dollars, and for each subsequent offence two hundred
dollars, to the use of the town where the offence was committed.

Approved March 2, 1923.

Advertising of
substitutes for
butter regu-
lated.

Acts, 1923. — Chaps. 85, 86, 87. 45

An Act relative to penalties for failure to file annual nhQj^ cp;

RETURNS BY OFFICERS OF MUNICIPAL LIGHTING PLANTS. ^'

Be it enacted, etc., as follows:

-^ifv nnp liiinrlrpfl anr\ QiYtv-fniir r»f

amended.

Section sixty-three of chapter one hundred and sixty-four of p^}^\^^' ^ ^■
the General Laws is hereby amended by adding at the end
thereof the following: — Any officer of a town manufacturing or Municipal
selling gas or electricity for lighting who, being required by this pfnaitiei'for*^'
section to make an annual return to the department, neglects officers failing
to make such annual return shall, for the first fifteen days or returns, etc
portion thereof during which such neglect continues, forfeit five
dollars a day ; for the second fifteen days or any portion thereof,
ten dollars a day; and for each day thereafter not more than
fifteen dollars a day. Any such officer who unreasonably refuses
or neglects to make such return shall, in addition thereto, forfeit
not more than five hundred dollars. If a return is defective or
appears to be erroneous, the department shall notify the officer
to amend it within fifteen days. Any such officer who neglects
to amend said return within the time specified, when notified to
do so, shall forfeit fifteen dollars for each day during which such
neglect continues. All forfeitures incurred under this section Forfeitures,
may be recovered by an information in equity brought in the ^ow recovered.
supreme judicial court by the attorney general, at the relation
of the department, and when so recovered shall be paid to the
commonwealth. Approved March 2, 1923.

An Act relative to the annual statements of insurance nhnj) ca

COMPANIES. ^'

Be it enacted, etc., as follows:

Section twenty-five of chapter one hundred and seventy-five G. l. 175, § 25,
of the General Laws, as amended by section two of chapter one ^^^' '^^''^ded.
hundred and sixty-five of the acts of nineteen hundred and
twenty-one, is hereby further amended by striking out the first
paragraph and inserting in place thereof the following : — Section Annual state-
25. Every company shall annually, on or before March first, anM^ompaSS.
file with the commissioner a statement showing its financial con-
dition on December thirty-first of the previous year, and its
business of that year. But a life company shall not be required
to file that part of its annual statement known as the gain and
loss exhibit until May first following.

Approved March 2, 1923.

An Act changing the powers or the otis company. Chav. 87

Be it enacted, etc., as follows:

Section 1. The Otis Company, a corporation incorporated Otis Company
by chapter three of the acts of eighteen hundred and forty, is traMfw.'etc.,
hereby authorized upon vote of a majority in interest of its erty^'^ighui'^
stockholders, at a meeting legally called for the purpose, to franchises, etc
assign, transfer and convey or cause to be assigned, transferred
and conveyed such of its property, locations, rights, licenses,

46 Acts, 1923. — Chaps. 88, 89.

powers, privileges and franchises as relate to the manufacture,
sale and distribution of gas. Such assignment, transfer and con-
veyance of said property, locations, rights, licenses, powers,
privileges and franchises shall be made to such corporation,
voluntary association or individual as the stockholders of the
Proviso. Otis Company may vote; provided, however, that such assign-

ment, transfer and conveyance shall not be made unless and
until the department of public utilities has approved the same,
and said department is hereby authorized to give such approval
in writing.
May acquire SECTION 2. The Otis Company is hereby authorized to ac-

of company, quire and hold all of the shares of such company or voluntary
said property! association, if any, as may acquire the property, locations, rights,
rights, etc. licenses, powers, privileges and franchises conveyed pursuant to
the authorization contained in the preceding section, notwith-
standing anything to the contrary contained in any general or
Trust in case special law heretofore enacted; or if such assignment, transfer
etcTto'""^"*' and conveyance be made to an individual, then such individual
individual. jg hereby authorized and empowered to hold said property, loca-
tions, rights, licenses, powers, privileges and franchises in trust
Proviso. for said Otis Company; provided, however, that the terms, con-

ditions and provisions of such trust, if any, shall be submitted to
the department of public utilities and be approved by said de-
partment.
re^eaL^d' SECTION 3. Chapter two hundred and thirty-five of the acts

of nineteen hundred and eight is hereby repealed.

To besubject SECTION 4. The Otis Company shall hereafter be subject in

cable to busi- all rcspccts to all general laws applicable to business corpora-

tfons^e'tc"'^^" tions, and have all the powers thereby conferred on domestic

business corporations, notwithstanding any limitations to the

contrary heretofore enacted by special law.

Approved March 2, 1923.

Chav. 88 An Act authorizing the city of lynn to pension samuel

MARTIN.

. ' Be it enacted, etc., as follows:

GityofLynn SECTION 1. The city of Lynn may retire Samuel Martin,
Samuel Martin, for thirty-fivc ycars in the employ of its highway department
and at present employed as a foreman in said department, on
an annual pension equal to one half the average rate of compen-
sation paid him during the three years preceding his retirement.
mHted^to city SECTION 2. This act shall take effect upon its acceptance by
council, etc. yote of the city council of said city, subject to the provisions of
Proviso. its charter; provided, that such acceptance occurs prior to

December thirty-first in the current year.

Approved March 2, 1923.

Chap. 89 An Act authorizing the city of medford to pension

ALVIN R. reed.

Be it enacted, etc., as follows:
c^ty^f^Med- Section 1. The city of Medford may retire Ah in R. Reed,

pension Ahin for many vears in its employ and at present employed as clerk

R. Reed.

Acts, 1923. —Chaps. 90, 91. 47

of its board of park commissioners and of its board of health, on
an annual pension not exceeding one half the annual compensa-
tion paid him at the time of his retirement.

Section 2. This act shall take effect upon its acceptance by to be sub-
vote of the board of aldermen of said city, subject to the pro- bj^|:d'*„fa,dgr.
visions of its charter; provided, that such acceptance occurs men, etc.
prior to December thirty-first in the current year. Proviso.

Approved March 2, 1923.

An Act relative to defective or erroneous returns by (JJ^q^jj on

GAS AND ELECTRIC COMPANIES. ^'

Be it enacted, etc., as follows:

Section eighty-four of chapter one hundred and sixty-four of G. L. i64, § 84,
the General Laws is hereby amended by inserting after the ^'"^^ ^
second sentence the following: — If a return is defective or
appears to be erroneous, the department shall notify the com-
pany or person to amend it within fifteen days. A company or
person neglecting to amend said return within the time specified
in the notice, when notified to do so, shall forfeit fifteen dollars
for each day during which such neglect continues, — so as to
read as follows : — Section 84- Each such gas or electric com- g^s and eiec-
pany or manufacturing company or person neglecting to make pj^aity For^^*'^'
the annual return required by the preceding section shall, for failure to make
the first fifteen days or portion thereof during which such neglect ^"^"^ return.,
continues, forfeit five dollars a day; for the second fifteen days
or any portion thereof, ten dollars a day; and for each day
thereafter not more than fifteen dollars a day. If any such
company or person unreasonably refuses or neglects to make
such return, it or he shall, in addition thereto, forfeit not more
than five hundred dollars. If a return is defective or appears to Defective or
be erroneous, the department shall notify the company or ^^J°°^°"^
person to amend it within fifteen days. A company or person penalty, etc.
neglecting to amend said return within the time specified in the
notice, when notified to do so, shall forfeit fifteen dollars for
each day during which such neglect continues. All forfeitures Forfeitures,
incurred under this section may be recovered by an information ^^"^ recovered.
in equity brought in the supreme judicial court by the attorney
general, at the relation of the department, and when so recovered
shall be paid to the commonwealth.

Approved March 2, 1923.

An Act establishing the office of superintendent of fhnjj qi

SEWERS OF THE CITY OF LYNN. ^'

Be it enacted, etc., as follows:

Section 1. Section twenty of chapter three hundred and Jl'o • ^**' ^^^•
forty of the Special Acts of nineteen hundred and seventeen, as amended.
amended by section two of chapter one hundred and seventy-
seven of the Special Acts of nineteen hundred and nineteen, is
hereby further amended by striking out the paragraph num-
bered 8 and inserting in place thereof the following two para-
graphs:— S. A superintendent of streets. 8 A. A superin- cityofLynn,
tendent of sewers. of^wers."'^^"*

Acts, 1923. — Chaps. 92, 93, 94.

1917, 340 (S),
§ 22, etc.,
amended.
Commission
on ways and
drainage.
Superintendent
of sewers, elec-
tion, etc.

To be sub-
mitted to
voters, etc.

Section 2. Section twenty -two of said chapter three hun-
dred and forty, as amended by section three of said chapter one
hundred and seventy-seven, is hereby further amended by strik-
ing out, in the second Hne, the words: — and sewers.

Section 3. As soon as may be after the acceptance of this
act, the superintendent of sewers shall be elected by the city
council of the city of Lynn to serve until April first following.
Said office shall thereafter be filled in accordance with the pro-
^^sions of section twenty of said chapter three hundred and
forty, as amended by section one of this act, the first election
thereto to be made as soon as may be after March first, nineteen
hundred and twenty-four.

Section 4. This act shall be submitted to the voters of the
city of Lynn at the city election in the current year in the form
of the following question to be placed upon the official ballot:
— " Shall an act of the general court passed in the current year,
entitled 'An Act establishing the office of superintendent of
sewers of the city of Lynn' be accepted?" If a majority of the
votes cast on said question are in the affirmative, this act shall
take effect, but not otherwise. Apjirovcd March 2, 1923.

Chap. 92 An Act authorizing the county of Bristol to pension

LILLA A. SHALLING.

Be it enacted, etc., as foUoivs:

Section L The county commissioners of the county of
Bristol may retire Lilla A. Shalling, for thirty years a clerk in
the registry of deeds for the northern district of said county, on
an annual pension not exceeding six hundred dollars, payable by
said county in monthly instalments.

Section 2. This act shall take effect upon its acceptance,
county commis- prior to December thirty-first in the current year, by the county
commissioners of said county. Approved March 2, 192S.

County of
Bristol may
pension Lilla
A. Shalling.

To be sub-
mitted to

Chap

Trustees of
Northeastern
University of
the Boston
Young Men's
Christian Asso-
ciation may
grant certain
degrees.

93 An Act authorizing the trustees of northeastern uni-
versity OF THE BOSTON YOUNG MEN's CHRISTIAN ASSOCIA-
TION TO GRANT CERTAIN DEGREES.

Be it enacted, etc., as follows:

The Trustees of Northeastern University of the Boston Young
Men's Christian Association, a corporation organized under gen-
eral law, are hereby authorized to confer such degrees as are
usually conferred by colleges and universities in this common-
wealth, except medical and dental degrees and degrees of Bach-
elor of Science (B.S.) and Bachelor of Arts (A.B.), and to grant
diplomas therefor. Approved March 5, 1923.

Chap. 94 An Act authorizing the city of fall river to borrow

MONEY FOR SCHOOL PURPOSES.

Be it enacted, etc., as follows:

Rivefmay SECTION 1. For the purpose of purchasing or otherwise ac-

borrow money quiring land and of constructing thereon school buildings and
p^urposM. providing for the original equipment and furnishing of said build-

Acts, 1923. — Chaps. 95, 96. 49

ings, the city of Fall River may from time to time borrow such
sums as may be necessary, not exceeding, in the aggregate, one
million two hundred and fifty thousand dollars, and may issue
bonds or notes therefor, which shall bear on their face the words.
Fall River School Loan, Act of 1923. Each authorized issue shall ^aU River
constitute a separate loan. Indebtedness incurred under this Act°of 1923°'
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 5, 1923.

An Act to increase the number of trustees of tabor rir^ qc

ACADEMY IN THE TOWN OF MARION. L^/iap. \fO

Be it enacted, etc., as foUoios:

Section 1. The number of authorized trustees of Tabor Tabor Acad-
Academy in the town of Marion is hereby increased to thirteen. ®^y >". town
The additional trustees provided for herein shall be appointed by increase in
the present trustees and any vacancies in said additional trustees tr'Stees."^
shall be filled by the remaining trustees of the academy in ac-
cordance with the provisions of the will of Elizabeth Tabor, late
of Marion, deceased, so far as the same apply thereto.

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

Approved March 5, 1923.

An Act conferring upon the probate coujit jurisdiction ph^^ qa

CONCURRENT WITH THE SUPREME JUDICIAL COURT OVER SALES ^'''^P' ^^
of land charged WITH THE PAYMENT OF MONEY.

Be it enacted, etc., as follows:

Section fifty-two of chapter one hundred and eighty-three of g. l. 183, § 52,
the General Laws is hereby amended by inserting after the word ^"^"^ *^ '
"judicial" in the third line the words: — or probate, — so as to
read as follows : — Section 52. If land is charged with the pay- g^je of land
ment of money, either in fixed amounts or in annuities for a life subject to
or lives or for years, the supreme judicial or probate court for pa^ent°of
the county where any part of such land is situated may upon the '^lo^ties, etc.
petition of the persons holding title thereto subject to the charge
of such payment, and after notice and a hearing, authorize them
to sell and convey by private sale or public auction the whole or
any portion of such land in fee simple and free from such charges,
whether present or future, certain or contingent; and it shall in Appointment
such case provide by its decree for the payment of the amounts °^ trustee,
charged upon such land by placing the whole or any portion of
the proceeds of the sale thereof in the hands of a trustee ap-
pointed by it, by the purchase of annuities for the persons en-
titled to receive the amounts so charged, or by any other means
which shall be considered just and reasonable. Such trustees Trustees'
shall give bond in such sum as the court may order, shall, under ^°^^' ^^'^■
the direction of the court, manage and account for the trust fund
and shall distribute the income thereof according to its decree.

Approved March 5, 1923.

Acts, 1923. — Chaps. 97, 98, 99.

Chap. 97 An Act authorizing the town of athol to appropriate

MONEY FOR BAND CONCERTS.

Be it enacted, etc., as follows:

Section 1. The town of Athol may at any town meeting
appropriate a sum of money, not exceeding eight hundred dollars
in any year, to be expended for public band concerts.

Section 2. This act shall take effect upon its acceptance by
the town of Athol at a town meeting called for the purpose, but,
for the purpose of such acceptance, shall take effect upon its
passage. Approved March 5, 1923.

Town of Athol
may appropri-
ate money for
band concerts.

To be sub-
mitted to town,
etc.

G. L. 55, new
section after
§ 33.

Use of names
of political
parties by cer-
tain organiza-
tions regulated.

Chap. 98 An Act prohibiting the use of the names of political

PARTIES BY organizations OTHER THAN DULY ELECTED
political COMMITTEES.

Be it enacted, etc., as foUoics:

Section 1. Chapter fifty-five of the General Laws is hereby
amended by inserting after section thirty -three the following
new section: — Section 33 A. No organization consisting of two
or more persons, other than a political committee duly elected in
accordance with law or a corporation organized prior to Jan-
uary first, nineteen hundred and twenty-three, under the laws
of this commonwealth and having as a part of its name the
name of a political party, as defined by law, shall, in order to
promote the success or defeat of a political party or principle or
of a candidate in a public election, in any circular, advertise-
ment or publication use in its organization name the name of
such a political party, except with the wTitten consent of the
duly elected state committee representing such political party.

Section 2. Chapter fifty-six of the General Laws is hereby
amended by inserting after section sixtj'-two the following new
section: — Section 62 A. Any member of an organization subject
to section thirty-three A of chapter fifty-five who participates
in a violation of any provision of said section shall be punished
by imprisonment for not more than six months or by a fine of
not more than one thousand dollars, or both.

Approved March 7, 1923.

G. L. 56, new
section after
§ 62.

Penalty for
unlawful use
of names of
political parties,
etc.

G. L. 131. § 45,
amended.

Chap. 99 An Act prohibiting the use of all kinds of snares for

catching or killing animals.

Be it enacted, etc., as follows:

Section 1. Section forty-five of chapter one hundred and
thirty-one of the General Laws is hereby amended by striking
out the comma after the word "trap" in the third line and in-
serting in place thereof the word : — or, — by striking out, in the
third and fourth lines, the words "or snare" and by striking out,
in the fifth line, the word ", snare", — so as to read as follows:
Close season, — Section 43. Whoever, except between October twentieth and
squirreLf ^^ November twentieth, both inclusive, hunts, takes or kills a gray

Acts, 1923. —Chap. 100. 51

squirrt'l, or takes or kills at any time a gray squirrel by means of
a trap or net, or for the purpose of killing a gray squirrel con-
structs or sets a trap or net shall be punished by a fine of not
less than ten nor more than twenty-five dollars. This section Exception.
shall not apply to the owner or occupant of any dwelling house
or other building finding any gray squirrel doing substantial
damage to the same, or to any fruit tree, grain or other growing
cultivated crop. Whoever takes or kills more than five gray Bag limit.
squirrels in one day or more than fifteen in one year shall be
punished by a fine of twenty dollars for each squirrel so taken or
killed.

Section 2. Section forty-eight of said chapter one hundred ^J^ded' ^ ^^'
and thirty -one is hereby amended by striking out, in the fourth
and in the fifth lines, the word " , snare", — so as to read as fol-
lows : — Section 48- No person shall remove or attempt to re- Hares and
move a hare or a rabbit from any hole in the ground, stone wall, ^t'^j^'}^^'!?? *°

■from iinrlAT* omr 1<^/-1~^ --j- i. . • ^

;5ECTI0N '6. Section fifty-eight of said chapter one hundred ^^■^/e'lj' ^ ^^*
and thirty-one is hereby amended by striking out, in the third
line, the word "wire", — so as to read as follows: — Section 58. Poison andi

■,,., 1 . . p , J i> ji snares not to

V\ hoever places poison m any form whatsoever tor the purpose be used in
of killing any animal, or constructs, erects, sets, repairs or tends ^'"'"s animals.
any snare for the purpose of catching or killing any animal, shall
be punished by a fine of not more than one hundred dollars;
provided, that this section shall not prohibit any person from Proviso.
placing in or near his house, barns or fields poison intended to
destroy rats, woodchucks or other pests of a like nature, or in-
sects of any kind. Approved March 9, 1923.

An Act relative to the qualification for, and removal Qfidj) IQO

FROM, office of OFFICERS AND DIRECTORS OF CO-OPERATIVE
BANKS.

Be it enacted, etc., as follows:

Section seven of chapter one hundred and seventy of the g. l. i7o, § 7,
General Laws is hereby amended by inserting after the word amended.
"corporation", in the eleventh line, the words: — ; and if a
person appointed or elected does not, within thirty days there-
after, take the oath, his office shall thereupon become vacant,
— and by adding at the end thereof the words : — If a director
fails both to attend the regular meetings of the board and to
perform any of the duties devolving upon him as such director
for six consecutive months, his office may be declared by the

Acts, 1923. — Chaps. 97, 98, 99.

Chap. 97 An Act authorizing the town of athol to appropriate

MONEY FOR BAND CONCERTS.

Be it enacted, etc., as follows:

Section 1. The town of Athol may at any town meeting
appropriate a sum of money, not exceeding eight hundred dollars
in any year, to be expended for public band concerts.

Town of Athol
may appropri-
ate money for
band concerts.

To be sub-
mitted to town,
etc.

Chap. 98 An Act prohibiting the use of the names of political

PARTIES BY ORGANIZATIONS OTHER THAN DULY ELECTED

TJ/^T TT'Ti"' A T /^/~iAfl^lV^T'T"Tir' ITC

Chapter 98, Acts of 1923.
Referendum petition filed March 20, 1923.
See page 596.

G. L. 56, new
section after
§62.

Penalty for
unlawful use
of names of
political parties ,
etc.

of a candidate in a public election, in any circular, advertise-
ment or publication use in its organization name the name of
such a political party, except with the written consent of the
duly elected state committee representing such political party.

Section 2. Chapter fifty-six of the General Laws is hereby
amended by inserting after section sixty-two the following new
section : — Section 62 A. Any member of an organization subject
to section thirty-three A of chapter fifty-five who participates
in a violation of any pro^'ision of said section shall be punished
by imprisonment for not more than six months or by a fine of
not more than one thousand dollars, or both.

Approved March 7, 1923.

Chap. 99 An Act prohibiting the use of all kinds of snares for

CATCHING OR KILLING ANIMALS.

G. L. 131, § 45,
amended.

Close season,
etc., for gray
aquirrels.

Be it enacted, etc., as follows:

Section 1. Section forty-five of chapter one hundred and
thirty-one of the General Laws is hereby amended by striking
out the comma after the word "trap" in the third line and in-
serting in place thereof the word : — or, — by striking out, in the
third and fourth lines, the words "or snare" and by striking out,
in the fifth line, the word ", snare", — so as to read as follows:
— Section J^5. Whoever, except between October twentieth and
November twentieth, both inclusive, hunts, takes or kills a gray

Acts, 1923. —Chap. 100. 51

squirirl, or takes or kills at any time a gray squirrel by means of
a trap or net, or for the purpose of killing a gray squirrel con-
structs or sets a trap or net shall be punished by a fine of not
less than ten nor more than twenty-five dollars. This section Exception.
shall not apply to the owner or occupant of any dwelling house
or other building finding any gra}^ squirrel doing substantial
damage to the same, or to any fruit tree, grain or other growing
cultivated crop. Whoe\er takes or kills more than five gray Bag limit.
squirrels in one day or more than fifteen in one year shall be
punished by a fine of twenty dollars for each squirrel so taken or
killed.

Section 2. Section forty-eight of said chapter one hundred ^- ^P}' ^ ^^•

1 1 • -1 1 111 -1 • -IP 1 amended.

and thirty -one is hereby amended by striking out, in the fourth
and in the fifth lines, the word " , snare", — so as to read as fol-
lows:— Sedion 4S- No person shall remove or attempt to re- Hares and
move a hare or a rabbit from any hole in the ground, stone wall, j,^^.^'*^ '^°^ ^°
from under any ledge, stone, log or t^ee, and, except as provided etc.
in the following section, no person shall take or kill a hare or a
rabbit by a trap or net, or for that purpose construct or set a
trap or net, or use a ferret. The possession of a ferret in a place Use of ferret.
where hares or rabbits might be taken or killed shall be prima
facie evidence that the person having the ferret in possession has
used it for taking and killing hares or rabbits contrary to law.
Ferrets used in violation hereof shall be confiscated. Whoever, Penalty.
except as provided in section fifty, violates this section shall be
punished by a fine of not less than five nor more than fifty dol-
lars.

Section 3. Section fifty-eight of said chapter one hundred ^^^^jg^j' ^ ^^'
and thirty-one is hereby amended by striking out, in the third
line, the word "wire", — so as to read as follows: — Section 58. Poison andi

T^-i 1 . . ,. 1 , i> , 1 snares not to

VA hoever places poison in any form whatsoever for the purpose be used in
of killing any animal, or constructs, erects, sets, repairs or tends ^»1^'"° ammais.
any snare for the purpose of catching or killing any animal, shall
be punished by a fine of not more than one hundred dollars;
provided, that this section shall not prohibit any person from Proviso.
placing in or near his house, barns or fields poison intended to
destroy rats, woodchucks or other pests of a like nature, or in-
sects of any kind. Approved March 9, 1923.

An Act relative to the qualification for, and removal Qfiaj) IQQ

FROM, OFFICE OF OFFICERS AND DIRECTORS OF CO-OPERATIVE
BANKS.

Be it enacted, etc., as follows:

Acts, 1923. —Chap. 101.

Officers of
co-operative
banks, election,
qualification,
removal, etc.

Time limit for
oath of office.

Office of direc-
tor, when to be
declared
vacant, etc.

board at the next regular meeting to be vacant. A record of
any vacancy shall be entered upon the books of the corporation,
and a transcript of such record shall be sent by mail to the person
whose office has been made vacant, — so as to read as follows :
— Section 7. The business and affairs of every such corporation
shall be managed by a board of not less than five directors to be
elected by the shareholders. Directors may be elected for terms
of not less than one nor more than three years, and, in case the
term is more than one year, they shall be divided into classes
and an equal number, as nearly as may be, elected each year.
All vacancies in the board or in any office may be filled by the
board of directors for the unexpired term. Every officer and
director when appointed or elected shall take an oath that he
will faithfully and impartially discharge the duties devolving
upon him, and the fact that the oath has been taken shall be
entered in the records of the corporation; and if a person ap-
pointed or elected does not, within thirty days thereafter, take
the oath, his office shall thereupon become vacant. The presi-
dent, vice president and treasurer may be chosen either by the
shareholders or by the board of directors as the by-laws may de-
termine. No shareholder shall be entitled to more than one vote
at any meeting, and no shareholder shall vote by proxy. All
officers shall be elected by ballot, shall be shareholders when
nominated and shall continue to hold their offices until their
successors have been chosen and shall have assumed their duties,
and no such corporation shall expire from neglect to elect officers
at the time prescribed in its by-laws. If an officer ceases to be
a shareholder his office shall thereupon become vacant. If a
director fails both to attend the regular meetings of the board
and to perform any of the duties devolving upon him as such
director for six consecutive months, his office may be declared
by the board at the next regular meeting to be vacant. A record
of any vacancy shall be entered upon the books of the corpora-
tion, and a transcript of such record shall be sent by mail to the
person whose office has been made vacant.

Approved March 9, 1923.

G. L. 33, § 64,
amended.

C/iap. 101 An Act relative to certain parades by regularly

ORGANIZED POSTS OF THE VETERANS OF FOREIGN WARS OF
THE UNITED STATES.

Be it enacted, etc., as follows:

Section sixty-four of chapter thirty -three of the General Laws
is hereby amended by striking out the comma after the word
"States", in the second line, and inserting in place thereof the
word : — and, — by striking out, in the third line, the words
"and the state guard", and by striking out the comma after
the word "Veterans" in the twenty -seventh line and inserting
in place thereof the words : — and regularly organized posts of
the Veterans of Foreign Wars of the United States, — so as to
Unauthorized read as follows : — Section 64. No body of men, except the
paradmg with Volunteer militia, the troops of the United States and the Ancient

Acts, 1923. — Chap. 102. 53

and Honorable Artillery Company of Boston, except as provided bidde'n^ete'
in the following section, shall maintain an armory, or associate except.'
together at any time as a company or organization, for drill or
parade with firearms, or so drill or parade; nor shall any town
raise or appropriate money toward arming, equipping, uniform-
ing, supporting or providing drill rooms or armories for any such
body of men; provided, that associations wholly composed of Provisos.
soldiers honorably discharged from the service of the United
States may parade in public with arms, upon the reception of
any regiment or company of soldiers returning from said service,
and for escort duty at the burial of deceased soldiers, with the
written permission of the aldermen of the city or selectmen of
the town where they desire to parade; that students in educa-
tional institutions where military science is a prescribed part of
the course of instruction may, with the consent of the governor,
drill and parade with firearms in public, under the superin-
tendence of their teachers ; that members of schools for military
instruction conducted with the approval of the governor, may
drill and parade with firearms in public, under the supervision of
their instructors; that foreign troops whose admission to the
United States has been consented to by the United States govern-
ment may, with the consent of the governor, drill and parade
with firearms in public; and any body of men may, with the
consent of the governor, drill and parade in public with any
harmless imitation of firearms approved by the adjutant general;
that regularly organized posts of the Grand Army of the Re-
public, and of The American Legion, and regularly organized
camps of the United Spanish War Veterans and regularly organ-
ized posts of the Veterans of Foreign Wars of the United States
may at any time parade in public their color guards of not more
than twelve men armed with firearms; that regularly organized
camps of the Sons of Veterans may at any time parade in public
their color guards of ten men with firearms ; and that any organi-
zation heretofore authorized by law may parade with side-arms ;
and any veteran association composed wholly of past members
of the militia of the commonwealth may maintain an armory for
the use of the organizations of the militia to which its members
belonged; provided, that such drill or parade is not in contra-
vention of the laws of the United States.

Approved March 9, 1923.

An Act relative to transient vendors. Chav 102

Be it enacted, etc., as follows:

Section 1. Section one of chapter one hundred and one of g. l. loi, § i,

,1/^ IT Jju J.' PUx etc., amended.

the (jeneral Laws, as amended by section one oi chapter one

hundred and six of the acts of nineteen hundred and twenty-one,

is hereby further amended by striking out, in the twelfth line,

the word "ten" and inserting in place thereof the word: — nine,

— so as to read as follows: — Section 1. "Transient vendor" "Transient

for the purposes of this chapter shall mean and include any defined. ^^^"^

person, either principal or agent, who engages in a temporary or

Acts, 1923. —Chap. 103.

"Temporary
or transient
business," term
defined.

G. L. 101, § 2,
etc., amended.

Limit of appli-
cation of certain
laws relating
to transient
vendors.

No exemption
by association
with local
dealer, etc.

transient business in the commonwealth, either in one localit}'
or in traveling from place to place selling goods, wares or mer-
chandise.

"Temporary or transient business" for the purposes of this
chapter shall mean and include any exhibition and sale of goods,
wares or merchandise which is carried on in any tent, booth,
building or other structure, unless such place is open for business
during usual business hours for a period of at least nine months
in each year.

Section 2. Section two of said chapter one hundred and
one, as amended by section two of said chapter one hundred and
six, is hereby further amended by inserting after the word
"sales" in the fourth line the words: — at wholesale, — and by
striking out, in the eighth line, the words "he has paid taxes"
and inserting in place thereof the words : — taxes have been as-
sessed, — so as to read as follows : — Section 2. The provisions
of this chapter relative to transient vendors shall not apply to
sales by commercial travelers or by selling agents to dealers in
the usual course of business, or to bona fide sales at wholesale
of goods, wares or merchandise by sample for future delivery,
or to sales of goods, wares or merchandise by any person, whether
principal or agent, who engages in temporary or transient busi-
ness in any town in which taxes have been assessed upon his
stock in trade during the current year, or to hawkers and pedlers
as defined in section thirteen, nor shall they affect the right of
any town to pass ordinances or by-laws authorized by law rela-
tive to transient vendors. No transient vendor shall be relieved
or exempted from the provisions and requirements of this chapter
relative to transient vendors by reason of associating himself
temporarily with any local dealer, trader or merchant, or by con-
ducting such temporary or transient business in connection with
or as a part of the business of, or in the name of any local dealer,
trader or merchant. Approved March 9, 1923.

Chap. 103 ^N Act relative to the marking of boundary lines of

TOWNS.

G. L. 42, § 10,
amended.

Obliteration,
etc., of monu-
ments, etc.,
designating
boundary lines
of towns regu-
lated.

Record of
witness marks,
etc.

Be it enacted, etc., as Jolloios:

Chapter forty-two of the General Laws is hereby amended by
striking out section ten and inserting in place thereof the fol-
lowing : — Section 10. No person, except as hereinafter provided,
shall remove, obliterate or cover up any monument or mark
designating a boundary line of a town. The county commis-
sioners of the county where any such monument or mark is
wholly or partly situated may grant to any person making
written application permission to remove, cover up or obliterate
the same, first making provision for preserving the exact loca-
tion of the original boundary or mark by causing proper witness
marks to be set up, or other means taken, which shall, with proper
designation and measurement, indicate the position of the
original mark or monument. The commissioners shall cause a
full description and designation of such witness marks and
monuments so made and set up to be recorded in the office of the

Acts, 1923. —Chaps. 104, 105, 106, 107. 55

town clerk of the contiguous towns, and a copy of such de-
scription to 1)6 forwarded to the state secretary. This section Exception,
shall not apply to monuments and marks designating boundary
lines of the commonwealth. Approved March 9, 1923.

An Act authorizing the county of hampden to pension (JJkij) \{\a
lydia m. tanner.

Be it enacted, etc., as follows:

Section 1. The county commissioners of the county of Harn^denma
Hampden may retire Lydia M. Tanner, for twenty-two years pension Lydia
an assistant register of deeds for said county, on an annual
pension not exceeding eight hundred dollars payable by said
county in monthly instalments.

Section 2. This act shall take effect upon its acceptance, To be sub-
prior to December thirty-first in the current year, by the county ^unly com-
commissioners of said county. Approved March 9, 1923. naissioners, etc.

An Act authorizing the town of Plymouth to pension Qfidj) 1Q5

STILLMAN R. SAMPSON.

Be it enacted, etc., as follows:

The town of Plymouth may retire Stillman R. Sampson, for Town of
fifty-one years an employee of said town and at present its as- ma™p^Mion
sistant superintendent of streets, on an annual pension equal to stiiiman r.
one half the annual compensation paid him at the time of his ' ^™p^°'^'
retirement. Approved March 9, 1923.

An Act authorizing the city of woburn to pension

WILLIAM KERWIN.

Chav.im

Be it enacted, etc., as follows:

Section 1. The city of Woburn may retire William Kerwin, cityof Wobum
an employee of its water department, on an annual pension wmiim"^'°°
equal to one half the annual salary paid him at the time of his Kerwin.
retirement.

Section 2. This act shall take effect upon its acceptance by to be sub-
vote of the city council of said city, subject to the provisions of ^uncfi *^etc'*^^
its charter; provided, that such acceptance occurs prior to proviso.
December thirty-first in the current year.

Approved March 10, 1923.

An Act providing for additional city physicians in the (Jhnj) i qt

city of HAVERHILL. ^"

Be it enacted, etc., as follows:

The municipal council of the city of Haverhill may, in addition City of Haver-
to the one city physician now provided for by its charter, elect city physicians.
one or more, not exceeding three, additional persons as city
physicians. The term of office, salary and manner of election of
such additional officers shall be the same as now provided in
respect to the city physician of said city.

Approved March 10, 1923.

Acts, 1923. —Chaps. 108, 109.

Chap.lOS An Act relative to appeals from decisions of the build-
ing COMMISSIONER OF THE CITY OF BOSTON.

Be it enacted, etc., as follows:

Section seven of chapter five hundred and fifty of the acts of
nineteen hundred and seven, as amended by section three of
chapter four hundred and forty of the acts of nineteen hundred
and twenty, is hereby further amended by adding at the end
thereof the following new paragraph : — Any applicant to the
building commissioner for a permit who appeals to the said board
shall pay to him a fee of ten dollars before such permit shall be
considered by the board. Such fees shall be deposited by the
building commissioner with the city collector at least once in
each week. The building commissioner may in his discretion
refer without fee to the said board for its decision such cases as
in his opinion justice requires. Approved March 10, 1923.

1907, 550. § 7,
etc., amended.

City of Boston,
appeals from
decisions of
building com-
missioner.

G. L. 48, § 36,
amended.

Promotion of
call men in
fire depart-
ments of
certain cities
and towns.

C/iap.109 An Act relative to the promotion of call men of all

CLASSES in the FIRE DEPARTMENTS OF CERTAIN CITIES AND

towns.
Be it enacted, etc., as follows:

Section 1. Section thirty-six of chapter forty -eight of the
General Laws is hereby amended by striking out, in the sixth
line, the words "appoint as members of" and inserting in place
thereof the words : — promote to membership in, — and by in-
serting after the word "examination" in the seventh line the
words : — and without any probationary period of service re-
quired under said chapter thirty-one and the rules and regula-
tions made thereunder, — so as to read as follows : — Section
36. Any town which has accepted chapter four hundred and
eighty-seven of the acts of nineteen hundred and thirteen, and
has a call or part call fire department which now is or may here-
after be subject to chapter thirty-one, may, on the recommenda-
tion of the board of engineers of the fire department or of the
officer or board having charge of the fire department, promote
to membership in the permanent force, without civil service
examination and without any probationary period of service
required under said chapter thirty-one and the rules and regu-
lations made thereunder, any persons then in the call or part
call fire department who have served as call men or part call
men or substitute call men for five or more successive years,
and who are certified to be competent physically for the duty
by the town physician, if any, otherwise by a physician desig-
nated therefor by the board of engineers or other authority, as
aforesaid.

Section 2. Every call man, part call man or substitute call
man who, prior to the date this act takes effect, was appointed,
under and in accordance with the provisions of said section
thirty-six, as a member of the permanent fire force in a city or
town and who on said date is serving a probationary period

Certain call
men to become
permanent
members of
fire force, etc.

Acts, 1923. —Chap. 110. 57

under the provisions of chapter thirty-one of the General Laws
and the rules and regulations made thereunder shall, forthwith
upon the taking effect of this act, become a permanent member
of said fire force. Approved March 10, 1923.

An Act relative to the political expenses of candidates Qhnj) IIQ

FOR PUBLIC office.

Be it enacted, etc., as follows:

Chapter fifty-five of the General Laws is hereby amended by g. l. 55, § 1,
striking out section one and inserting in place thereof the follow- '*""^" ^
ing: — Section 1. No person, in order to aid or promote his own Campaign
nomination or election to public office, shall himself or through cand?date°^or
another person give, pav, expend or contribute any money or public office

, 1 • p , • ^ 1 • ^ ^1 J- II limited and

other tiling of value, or promise so to do, in excess of tlie follow- defined.
ing amounts:

Primary. Election.

United States Senator, $5,000 $10,000

Governor, 5,000 10,000

Lieutenant Governor, State Secretary, State Treas-
urer, State Auditor, Attorney General, . . . 3,000 6,000

Representative in Congress, 3,000 6,000

State Senator, •. . 1,000 1,000

Representative in ttie General Court: —
Eacli candidate may spend:

In a district entitled to three representatives, . 600 600

In a district entitled to two representatives, . . 500 500

In a district entitled to one representative, . . 400 400

A candidate for any other office may expend an amount not
exceeding forty dollars for each one thousand, or major portion
thereof, of the registered voters qualified to vote for candidates
for the office in question at the next preceding election; but no
such candidate shall expend more than fifteen hundred dollars
for the expenses of a primary, nor more than three thousand
dollars for the expenses of an election. Any candidate may,
however, expend a sum not exceeding two hundred dollars for
primary or election expenses. Contributions by a candidate to
political committees shall be included in the foregoing sums.

The sums hereby authorized shall include all contributions to include
from individuals, political committees or other sources to a
candidate or person acting in his behalf, and shall include every
payment or promise of payment for any purpose, made directly
or indirectly by, or for the benefit of, a candidate, except that a Exception in
political committee may make and incur expenses not for the cXmittee'*^'*^'^'
sole benefit of an individual candidate, or which it is permitted
by section five to make for an individual candidate; and the Excess pay-
gift, payment, contribution or promise of any money or thing deemed^a'^"
of value in excess of those sums, by a candidate directly or in- corrupt
directly, or by any persons for his benefit, shall be deemed a ^'^'^'^ ^°^'
corrupt practice. Approved March 10, 1923.

contributions
etc.

Acts, 1923. —Chaps. Ill, 112.

Chap. Ill An Act to fix the venue of certain actions brought in

DISTRICT COURTS.

Be it enacted, etc., as follows:

G. L. 223, § 7,
amended.

Venue of
actions for
defect in way,
etc., and for
negligence.

Section seven of chapter two hundred and twenty-three of the
General Laws is hereby amended by adding at the end thereof
the words : — This section shall not apply to actions that may
be brought in a district court, — so as to read as follows : —
Section 7. An action against a town or person to recover for
injury or damage received by reason of a defect, want of repair
or of an insufficient railing in or upon a public way shall be
brought in the county where said town is situated or in the county
where the plaintiff lives, except that such action against the city
of Boston may be brought in Middlesex county, in Norfolk
county or in the county where the plaintiff lives, and such action
against the town of Nantucket or against any town in Dukes
county may be brought in Bristol county. An action against a
town or person to recover for injury or damage received in the
commonwealth by reason of negligence other than that relating
to such defect, want of repair or insufficient railing shall be
brought in the county where the plaintiff lives or has his usual
place of business, or in the county where the alleged injury or

Not applicable damage was received. This section shall not apply to actions

b^ol^ght fn a that may be brought in a district court.

district court. ^ Appwved March 12, 1923.

Chap. 112 An Act to make uniform the law relating to limited

PARTNERSHIPS.

Be it enacted, etc., as follows:

^'apter^fiTpiace SECTION 1. The General La ws is hereby amended by Striking
of chapter 109. out chapter one hundred and nine and inserting in place thereof
the following : —

Chapter 109.

Uniform
Limited
Partnership
Act.

Limited
partnership,
term defined.
Formation.

Certificate,
signing, con-
tents, etc.

Limited Partnerships.

Section 1. A limited partnership is a partnership formed by
two or more persons under the provisions of section two, having
as members one or more general partners and one or more limited
partners. The limited partners as such shall not be bound by
the obligations of the partnership.

Section 2. (1) Two or more persons desiring to form a limited
partnership shall

(a) Sign and swear to a certificate, which shall state

I. The name of the partnership,

II. The character of the business,

III. The location of the principal place of business,

IV. The name and place of residence of each member; gen-
eral and limited partners being respectively designated,

V. The term for which the partnership is to exist,

Acts, 1923. —Chap. 112. 59

VI. The amount of cash and a description and the agreed ^^^nj'ng'^coji.
vahie of the other property contributed by each limited partner, tents, etc.

VII. The additional contributions, if any, agreed to be made
by each Hmited partner and the times at which or events on the
happening of which the}' shall be made,

VIII. The time, if agreed upon, when the contribution of each
limited partner is to be returned,

IX. The share of the profits or the other compensation by
way of income which each limited partner shall receive by reason
of his contribution,

X. The right, if given, of a limited partner to substitute an
assignee as contributor in his place, and the terms and condi-
tions of the substitution,

XI. The right, if given, of the partners to admit additional
limited partners,

XII. The right, if given, of one or more of the limited partners
to priority over other limited partners, as to contributions or as
to compensation by way of income, and the nature of such
priority,

XIII. The right, if given, of the remaining general partner
or partners to continue the business on the death, retirement or
insanity of a general partner, and

XIV. The right, if given, of a limited partner to demand and
receive property other than cash in return for his contribution.

(6) File for record the certificate in the office of the state Filing certifi-

Secretary ^ state secretary.

(2) A limited partnership is formed if there has been sub- Formation, if
stantial compliance in good faith with all requirements of para- compHance,
graph (1). etc.

Section 3. A limited partnership may carry on any business BvLsiness which
which a partnership without limited partners may carry on. ^n^ "^ "^"^'^

Section 4- The contributions of a limited partner may be Limited
cash or other property, but not services. tHbut^ioM'!°°'

Section 5. (1) The surname of a limited partner shall not Limited
appear in the partnership name, unless namrnoT*to

(a) It is also the surname of a general partner, or appear in

nflriTiG unless

(6) Prior to the time when the limited partner became such etc.
the business had been carried on under a name in which his
surname appeared.

(2) A limited partner whose name appears in a partnership Liability of
name contrary to the provisions of paragraph (1) is liable as a whose name"^"^
general partner to partnership creditors who extend credit to the appears, etc.
partnership without actual knowledge that he is not a general
partner.

Section 6. If the certificate contains a false statement, one Liability for

1 rv 1 1 !• i_j.j. X iiii'ii false statements

who sutlers loss by reliance on such statement may hold liable in certificate.
any party to the certificate who knew the statement to be false
(a) At the time he signed the certificate, or
(6) Subsequently, but within a sufficient time before the state-
ment was relied upon to enable him to cancel or amend the
certificate, or to file a petition for its cancellation or amendment
as provided in section twenty -five (3).

Acts, 1923. —Chap. 112.

Limited
partner not
liable as a
general partner
unless, etc.

Admission of
additional
limited
partners.

Rights, powers
and liabilities
of a general
partner.

Rights of a
limited partner.

Status of
person errone-
ously believing
himself a
limited partner.

Proviso.

One person
both general
and limited
partner.

Section 7. A limited partner shall not become liable as a
general partner unless, in addition to the exercise of his rights
and powers as a limited partner, he takes part in the control of
the business.

Section 8. After the formation of a limited partnership addi-
tional limited partners may be admitted upon filing an amend-
ment to the original certificate in accordance with the require-
ments of section twenty-five.

Section 9. (1) A general partner shall have all the rights and
powers and be subject to all the restrictions and liabilities of a
partner in a partnership without limited partners, except that
without the written consent or ratification of the specific act by
all the limited partners, a general partner or all of the general
partners have no authority to

(o) Do any act in contravention of the certificate,

(6) Do any act which would make it impossible to carry on
the ordinary business of the partnership,

id) Possess partnership property, or assign their rights in
specific partnership property, for other than a partnership
purpose,

(f) Admit a person as a general partner,

(/) Admit a person as a limited partner, unless the right so to
do is given in the certificate,

{g) Continue the business with partnership property on the
death, retirement or insanity of a general partner, unless the
right so to do is given in the certificate.

Section 10. (1) A limited partner shall have the same rights
as a general partner to

(a) Have the partnership books kept at the principal place
of business of the partnership, and at all times to inspect and
copy any of them,

(b) Have on demand true and full information of all things
affecting the partnership, and a formal account of partnership
affairs whenever circumstances render it just and reasonable, and

(2) A limited partner shall have the right to receive a share
of the profits or other compensation by way of income, and to
the return of his contribution as provided in sections fifteen and
sixteen.

Section 11. A person who has contributed to the capital of a
business conducted by a person or partnership erroneously be-
lieving that he has become a limited partner in a limited partner-
ship, is not, by reason of his exercise of the rights of a limited
partner, a general partner with the person or in 'the partnership
carrying on the business, or bound by the obligations of such
person or partnership; provided, that on ascertaining the mis-
take he promptly renounces his interest in the profits of the
business, or other compensation by way of income.

Section 12. (1) A person may be a general partner and a
limited partner in the same partnership at the same time.

(2) A person who is a general, and also at the same time a
limited partner, shall have all the rights and powers and be

Acts, 1923. —Chap. 112. 61

subject to all the restrictions of a general partner; except that,
in respect to his contribution, he shall have the rights against the
other members which he would have had if he were not also a
general partner.

Section 13. (1) A limited partner also may loan money to and o"ife"''b^^fne
transact other business with the partnership, and, unless he is transactions
also a general partner, receive on account of resulting claims partnen'*^^
against the partnership, with general creditors, a pro rata share
of the assets. No limited partner shall in respect to any such
claim

(a) Receive or hold as collateral security any partnership
property, or

(6) Receive from a general partner or the partnership any
payment, conveyance, or release from liability, if at the time the
assets of the partnership are not sufficient to discharge partner-
ship liabilities to persons not claiming as general or limited
partners.

(2) The receiving of collateral security, or a payment, con-
veyance or release in violation of the provisions of paragraph (1)
is a fraud on the creditors of the partnership.

Section 14- Where there are several limited partners the mem- Relation of
bers may agree that one or more of the limited partners shall p^t^ners
have a priority over other limited partners as to the return of inter se.
tiieir contributions, as to their compensation by way of income,
or as to any other matter. If such an agreement is made it shall
be stated in the certificate, and in the absence of such a state-
ment all the limited partners shall stand upon equal footing.

Section 15. A limited partner may receive from the partner- Compensation
ship the share of the profits or the compensation by way of panne'r!"^
income stipulated for in the certificate; provided, that after Proviso.
such payment is made, whether from the property of the partner-
ship or that of a general partner, the partnership assets are in
excess of all liabilities of the partnership except liabilities to
limited partners on account of their contributions and to general
partners.

Section 16. (1) A limited partner shall not receive from a withdrawal or
general partner or out of partnership property any part of his [fmited°"°^

contribution until partner's con-

(a) All liabilities of the partnership, except liabilities to
general partners and to limited partners on account of their
contributions, have been paid or there remains property of the
partnership sufficient to pay them,

(6) The consent of all members is had, unless the return of the
contribution may be rightfully demanded under the provisions
of paragraph (2), and

(2) Subject to the provisions of paragraph (1) a limited
partner may rightfully demand the return of his contribution

(ff) On the dissolution of a partnership, or

{b) When the date specified in the certificate for its return
has arrived, or

tribution.

Acts, 1923. —Chap. 112.

Liability of
limited partner
to partnership.

Nature of

limited

partner's

interest.

Assignment of

limited

partner's

interest.

other members, if no time is specified in the certificate either for
the return of the contribution or for the dissolution of the
partnership.

(3) In the absence of any statement in the certificate to the
contrary or the consent of all members, a limited partner, irre- ,
spective of the nature of his contribution, has only the right to
demand and receive cash in return for his contribution.

(4) A limited partner may have the partnership dissolved and
its affairs wound up when

(a) He rightfully but unsuccessfully demands the return of
his contribution, or

(b) The other liabilities of the partnership have not been
paid, or the partnership property is insufficient for their
payment as required by paragraph (1 a) and the limited
partner would otherwise be entitled to the return of his
contribution.

Sccfio7i 17. (1) A limited partner is liable to the partnership
(a) For the difference between his contribution as actually
made and that stated in the certificate as having been made,
and

(6) For any unpaid Contribution which he agreed in the
certificate to make in the future at the time and on the condi-
tions stated in the certificate.

(2) A limited partner holds as trustee for the partnership
(a) Specific property stated in the certificate as contributed

by him, but which was not contributed or which has been wrong-
fully returned, and

(6) Money or other property wrongfully paid or conveyed to
him on account of his contribution.

(3) The liabilities of a limited , partner as set forth in this
section can be waived or compromised onl^' by the consent of all
members; but a waiver or compromise shall not affect the right
of a creditor of a partnership, who extended credit or whose
claim arose after the filing and before a cancellation or amend-
ment of the certificate, to enforce such liabilities.

(4) When a contributor has rightfully received the return in
whole or in part of the capital of his contribution, he is never-
theless liable to the partnership for any sum, not in excess of
such return with interest, necessary to discharge its liabilities to
all creditors who extended credit or whose claims arose before
such return.

Section 18. A limited partner's interest in the partnership is
personal property.

Section 19. (1) A limited partner's interest is assignable.

(2) A substituted limited partner is a person admitted to all
the rights of a limited partner who has died or has assigned his
interest in a partnership.

(3) An assignee, who does not become a substituted limited
partner, has no right to require any information or account of
the partnership transactions or to inspect the partnership books;
he is only entitled to receive the share of the profits or other
compensation by way of income, or the return of the contribu-
tion, to which his assignor would otherwise be entitled.

Acts, 1923. —Chap. 112. 63

(4) An assignee shall have the right to become a substituted
limited partner if all the members, except the assignor, consent
thereto or if the assignor, being thereunto empowered by the
certificate, gives the assignee that right.

(5) An assignee becomes a substituted limited partner when
the certificate is appropriately amended in accordance with sec-
tion twenty-five.

(6) The substituted limited partner has all the rights and
powers, and is subject to all the restrictions and liabilities of his
assignor, except those liabilities of which he was ignorant at the
time he became a limited partner and which could not be ascer-
tained from the certificate.

(7) The substitution of the assignee as a limited partner does
not release the assignor from liability to the partnership under
sections six and seventeen.

Section 20. The retirement, death or insanity of a general ^tfj,g*nfgnt_
partner dissolves the partnership, unless the business is con- death or in-
tinued by the remaining general partners, (a) under a right so erai*par°tnerf^
to do stated in the certificate, or (6) with the consent of all
members.

Section 21. (1) On the death of a limited partner his executor Death of
or administrator shall have all the rights of a limited partner partner.
for the purpose of settling his estate, and such power as the
deceased had to constitute his assignee a substituted limited
partner.

(2) The estate of a deceased limited partner shall be liable for
all his liabilities as a limited partner.

Section 22. (1) On due application to the superior court by Rights of
any creditor of a limited partner, the court may charge the iTmiJed"°
interest of the indebted limited partner with payment of the partner.
unsatisfied amount of such claim; and may appoint a receiver,
and make all other orders, directions, and inquiries which the
circumstances of the case may require.

(2) The interest may be redeemed with the separate property
of any general partner, but may not be redeemed with partner-
ship property.

(3) The remedies conferred by paragraph (1) shall not be
deemed exclusive of others which may exist.

(4) Nothing in this chapter shall be held to deprive a limited
partner of his statutory exemption.

Section 23. (1) In settling accounts after dissolution the Distribution of
liabilities of the partnership shall be entitled to payment in the dlsoiwtio'n.
following order:

(a) Those to creditors, in the order of priority as provided by
law, except those to limited partners on account of their con-
tributions and to general partners,

(b) Those to limited partners in respect to their share of the
profits and other compensation by way of income on their con-
tributions,

(d) Those to general partners other than for capital and
profits.

Acts, 1923. —Chap. 112.

When certifi-
cate shall be
cancelled or
amended.

Requirements
for amendment
and for can-
cellation of
certificate.

(e) Those to general partners in respect to profits,

(/) Those to general partners in respect to capital.

(2) Subject to any statement in the certificate or to subsequent
agreement, limited partners share in the partnership assets in
respect to their claims for capital, and in respect to their claims
for profits or for compensation by way of income on their con-
tributions, respectively, in proportion to the respective amounts
of such claims.

Section 24- (1) The certificate shall be cancelled when the
partnership is dissolved or all limited partners cease to be such.

(2) A certificate shall be amended when

(a) There is a change in the name of the partnership or in the
amount or character of the contribution of any limited partner,

(b) A person is substituted as a limited partner,

(d) A person is admitted as a general partner,

(e) A general partner retires, dies or becomes insane, and the
business is continued under section twenty,

(/) There is a change in the character of the business of the
partnership,

((/) There is a false or erroneous statement in the certificate,

(h) There is a change in the time as stated in the certificate
for the dissolution of the partnership or for the return of a con-
tribution,

(i) A time is fixed for the dissolution of the partnership, or the
return of a contribution, no time having been specified in the
certificate, or

(j) The members desire to make a change in any other state-
ment in the certificate in order that it shall accurately represent
the agreement between them.

Section 25. (1) The writing to amend a certificate shall

(o) Conform to the requirements of section two (1 a) as far
as necessary to set forth clearly the change in the certificate
which it is desired to make, and

(6) Be signed and sworn to by all members, and an amend-
ment substituting a limited partner or adding a limited or general
partner shall be signed also by the member to be substituted or
added, and when a limited partner is to be substituted, the
amendment shall also be signed by the assigning limited partner.

(2) The writing to cancel a certificate shall be signed by all
members.

(3) A person desiring the cancellation or amendment of a
certificate, if any person designated in paragraphs (1) and (2)
as a person who must execute the writing refuses to do so, may
petition the superior court to direct a cancellation or amend-
ment thereof.

(4) If the court finds that the petitioner has a right to have
the writing executed by a person who refuses to do so, it shall
order the state secretary to record the cancellation or amend-
ment of the certificate; and where the certificate is to be
amended, the court shall also cause to be filed for record in the
office of the state secretary a certified copy of its decree setting
forth the amendment.

Acts, 1923. —Chap. 112. 65

(5) A certificate is amended or cancelled when there is filed
for record in the office of the state secretary

(a) A writing in accordance with the provisions of paragraph
(1) or (2), or ...

{b) A certified copy of the order of court in accordance with
the provisions of paragraph (4).

(6) After the certificate is duly amended in accordance with
this section, the amended certificate shall thereafter be for all
purposes the certificate provided for by this chapter.

Section 26. A contributor, unless he is a general partner, is Parties to
not a proper party to proceedings by or against a partnership, ^'=*'°"®-
except where the object is to enforce a limited partner's right
against or liabilit}' to the partnership.

Section 27. This chapter may be cited as the Uniform Limited Name of act.
Partnership Act.

Section 28. (1) The rule that statutes in derogation of the Rules of con-
common law are to be strictly construed shall have no applica- struction.
tion to this chapter.

(2) This chapter shall be so interpreted and construed as to
effect its general purpose to make uniform the law of those
states which enact it.

(3) This chapter shall not be so construed as to impair the
obligations of any contract existing when said chapter goes into
effect, nor to affect any action or proceedings begun or right
accrued before said chapter takes effect.

Section 29. In any case not provided for in this chapter the Rules for cases
rules of law and equity, including the law merchant, shall govern. "o^rSn'^this let.

Section 30. (1) A limited partnership formed under any Provisions for
statute of this commonwealth prior to January first, nineteen partnerships.^
hundred and twenty-four, may become a limited partnership
under this chapter by complying with the provisions of section
two; provided, the certificate sets forth, Proviso.

(a) The amount of the original contribution of each limited
partner, and the time when the contribution was made, and

(b) That the property of the partnership exceeds the amount
sufficient to discharge its liabilities to persons not claiming as
general or limited partners by an amount greater than the sum
of the contributions of its limited partners.

Section 2. A limited partnership formed under any statute Certain exjst-
of this commonwealth prior to January first, nineteen hundred partnerships to
and twenty-four, until or unless it becomes a limited partner- g°"erned*by''^
ship under this chapter, shall continue to be governed by the certain pro-^
provisions of chapter one hundred and nine of the General Laws etc!
in force immediately prior to said date, except that such partner-
ship shall not be renewed unless so provided in the original agree-
ment.

Section 3. This act shall take effect January first, nineteen Time of taking
hundred and twenty-four. Approved March 12, 1923. ^^'^^^-

Acts, 1923. —Chap. 113.

Chap. 113 An Act authorizing temporary loans to provide funds

FOR THE CARE, MAINTENANCE AND REPAIR OF COUNTY
TUBERCULOSIS HOSPITALS.

Emergency
preamble.

Whereas, The deferred operation of this act would cause great
inconvenience and embarrassment in the management of county
tuberculosis hospitals, therefore it is hereby declared to be an
emergency law, necessary for the immediate preservation of the
public health and convenience.

G. L. Ill, § 82,
etc., amended.

County ex-
penditures for
tuberculosis
hospitals.

May borrow
money, issue
notes, etc.

G. L. Ill, § 85,

amended.

Apportionment
of cost of
county tuber-
culosis hos-
pitals.

Be it enacted, etc., as follows:

Section 1. Chapter one hundred and eleven of the General
Laws, as amended in section eighty-two by section one of chapter
three hundred and ninety-three of the acts of nineteen hundred
and twenty-two, is hereby further amended by striking out said
section eighty -two and inserting in place thereof the following:
— Section 82. County commissioners shall, in carrying out sec-
tions seventy-eight to ninety, inclusive, raise and expend such
sums of money for acquiring land and constructing and equipping
hospitals, and for the purchase, alteration and enlargement of
existing buildings, and for all other purposes, except for care,
maintenance and repair as provided in section eighty-five A, as
may be authorized by the general court. They may borrow, on
the credit of the county, when so authorized by the general court,
the said sums, and issue notes of the county therefor, with such
interest as may be fixed under section thirty -nine of chapter
thirty-five, payable semi-annually, or without interest, in which
case they may sell such notes at such discount as they deem
proper. The notes shall be signed by the county treasurer and
countersigned by the county commissioners. The county may
sell the said securities, at public or private sale, on terms and
conditions deemed proper, but the proceeds shall be used only
for the purposes for which such securities are issued. Said notes
may be renewed from time to time without specific authoriza-
tion from the general court until all the towns liable have paid
to the county treasurer the amounts assessed under section
eighty-three. Any amount of interest paid or due on said notes
and renewals thereof may be similarl}^ borrowed. All reimburse-
ment from towns under said section eighty -three shall be applied
to the payment of temporary debt incurred under this section.

Section 2. Section eighty -five of said chapter one hundred
and eleven is hereby amended by inserting after the word
" thereof" in the third line the words: — , including interest paid
or due on temporary notes issued therefor, — so as to read as
follows : — Section 85. The county shall provide for the care,
maintenance and repair of said hospital. The county commis-
sioners shall annually in January apportion the cost thereof, in-
cluding interest paid or due on temporary notes issued therefor,
for the previous year to the towns liable, in the same proportion
in which the cost of the construction was assessed, and shall issue
their warrant against the towns for the amount or percentage
for which they are severally assessed to pay for the maintenance,

Acts, 1923. —Chap. 114. 67

care and repair of said hospital. The county may, thirty days
after a written demand for payment, recover in contract against
any town liable to pay any part of the cost of construction,
maintenance or repair of said hospital the amount for which it
may be liable. County commissioners of counties whose patients County com-
are cared for by contract under section seventy-nine may raise borrcw momsy^
and expend the sums necessary to carry out the provisions for payment of
thereof, and may borrow the same on the credit of the county, by^contract!" ^
and issue therefor notes of the county, payable, in not more than ®*^*''
eighteen months from their respective dates of issue, from the
reimbursements received from the said towns. They shall
annually in January determine the total amount already ex-
pended by or due from the county under such contracts during
the previous year, and shall apportion the same to and may
collect the same from the several towns liable, in like manner as
the cost of construction and equipment of hospitals is appor-
tioned under section eighty-three, and the same shall be applied
to the payment of the temporary debt incurred by said counties.

Section 3. Said chapter one hundred and eleven is hereby g. l. in, new
further amended by inserting after section eighty -five the fol- section after
lowing new section: — Section 85 A. To provide such funds as County com-
may be necessary to meet the cost of the care, maintenance and b'orrw monejf
repair of a county tuberculosis hospital in compliance with sec- for care.

,• • ^ ^ n j1 j •• • maintenance

tion eignty-nve, the county commissioners may in any year and repair of
borrow money on the credit of the county by temporary loans cuiosls hos'-^'^'
without specific authorization by the general court, and for such pitais, etc.
purposes, the county treasurer may, with the approval of the
county commissioners, issue notes of the county therefor, ma-
turing in not more than twelve months from their dates, and
may from time to time renew the same, until all the towns liable
to assessment under said section eighty-five have paid to the
county treasurer the sums so assessed against them for the
aforesaid cost for said year. Receipts of said hospital shall be Receipts of
paid to the county treasurer at such times as the county com- ceeds o'f^ans^
missioners may determine, and the proceeds of said loans shall etc., disposi- '
be paid over to the treasurer of said hospital as directed by the '° '^ '''
county commissioners. Receipts of said hospital for said year
and payments to the county of the assessments made under
section eighty-five to meet the aforesaid cost for said year shall
be applied to the payment of such temporary loans.

Approved March 13, 1923.

Chap.lU

An Act authorizing the city of chelsea to incur in-
debtedness FOR PARK, PARKAVAY AND PLAYGROUND PUR-
POSES.

Be it enacted, etc., as follows:

Section 1. For the purpose of acquiring and improving city of Chelsea
open spaces for parks, parkways and playgrounds, the city of moneyTor^
Chelsea may from time to time borrow such sums as may be park, parkway
necessary, not exceeding, in the aggregate, fifty thousand dol- ground pur-
lars, and may issue bonds or notes therefor, which shall bear on ^°^^^'

Acts, 1923. —Chaps. 115, 116.

g^ekea Park ^hcir facc the words, Chelsea Park Loan, Act of 1923. Each
of 1923. authorized issue shall constitute a separate loan, and such loans

shall be paid in not more than ten years from their dates. In-
debtedness incurred under this act shall be outside 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 13, 1923.

Chap.115 An Act authorizing the city of revere to incur indebted-
ness FOR school purposes.

Be it enacted, etc., as follows:

Section L For the purpose of constructing school buildings
or an addition to the present high school building increasing the
floor space thereof, and of originally equipping and furnishing
said buildings or addition, the city of Revere may from time to
time borrow such sums as may be necessary, not exceeding, in
the aggregate, five hundred thousand dollars, and may issue
bonds or notes therefor, which shall bear on their face the words,
Revere School Loan, Act of 1923. 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 13, 1923.

City of Revere
may borrow
money for
school pur-
poses.

Revere School
Loan, Act of
1923.

Chav.WQ An Act requiring insurance agents, brokers and

ADJUSTERS TO SURRENDER THEIR LICENSES UPON REVOCA-
TION.

Be it enacted, etc., as follows:

Chapter one hundred and seventy-fi\e of the General Laws is
hereby amended by inserting after section one hundred and
seventy-four A, inserted by chapter sixty-nine of the acts of
nineteen hundred and twenty-two, the following new section:
— Section 174B. A person licensed under section one hundred
and sixty-three, one hundred and sixty-six, one hundred and
sixty-seven, one hundred and sixty-eight or one hundred and
seventy-two shall, upon the revocation of his license and upon
written demand therefor, and a partnership licensed under sec-
tion one hundred and seventy-three or a corporation licensed
under section one hundred and seventy-four shall, upon the
revocation of its license as to all the members of the firm or as
to the corporation and upon such demand, forthwith surrender
his or its license or the renewal certificate thereof to the com-
missioner. Such partnership or corporation shall, upon the
revocation of its license as to less than all of its members or
officers and upon such demand, forthwith surrender its license
or renewal certificate to the commissioner, and he shall there-

G. L. 175, new
section after
§ 174A, etc.

Insurance
agents, brokers
and adjusters
to surrender
their licenses
upon revoca-
tion.

Amended
license to
issue, when.

Acts, 1923. — Chaps. 117, 118. 69

upon cancel it, and issue an amended license or renewal certifi-
cate covering the remaining partners or other officers of the
corporation and running for the unexpired term of the sur-
rendered license or renewal certificate. Demands hereunder
may be served as provided in section one hundred and seventy-
four A. If the license or renewal certificate has been lost, stolen Affidavit as to
or destroyed, an affidavit to that effect shall be filed with the }°ceAst.*'"
commissioner in such form as he may require. Whoever neglects Penalty.
or refuses to comply with this section or knowingly and wilfully
makes a false affidavit hereunder shall be punished by a fine of
not less than one hundred nor more than five hundred dollars.

Approved March 13, 1923.

An Act providing that the attorney general shall be Chap. 117
A member of the bar.

Be it enacted, etc., as foUoics:

Section one of chapter twelve of the General Laws is hereby g. l. 12, § 1.
amended by adding at the end thereof the following: — He shall ^"^"'^^
be a member of the bar of the commonwealth, — so as to read
as follows : — Section 1 . There shall be a department of the Department of
attorney general, under his supervision and control, organized gJa?™^^ ^^"'
as provided in this chapter. The attorney general shall receive salary.
a salary of eight thousand dollars. He shall be a member of the to be member
bar of the commonwealth. Approved March 13, 1923. of the bar.

An Act requiring domestic iNstJRANCE companies to file fhn^ -\\g

COPIES OF their by-laws AND AMENDMENTS W^ITH THE COM- ^'

MISSIONER OF INSURANCE.

Be it enacted, etc., as foUotvs:

Section 1. Every domestic insurance company existing on Domestic
September first, nineteen hundred and twenty-three shall, within pa^il\et"t*o fife"^'
thirty da^^s thereafter, file with the commissioner of insurance a {'°P'®®g°g^ '^^'j^{j
copy of its by-laws and amendments thereto, if any, certified commissioner of
under its corporate seal by its secretary. insurance.

Section 2. Chapter one hundred and seventy-five of the o. l. 175, new
General Laws is hereby amended by inserting after section forty- I'^leA^etc*.^'^
six A, inserted by chapter four hundred and seven of the acts of
nineteen hundred and twenty-two, the following new section:
— Section 46B. Every domestic company incorporated after Domestic in-
September first, nineteen hundred and twenty-three, shall, panlertoTie
within thirty days after its incorporation, file with the commis- copies of by-^^
sioner a copy of its by-laws and amendments thereto, if any, comAiissioner
certified under its corporate seal by its secretary, and every such °^ insurance.
company, whether existing on said date or incorporated there-
after, shall, within thirty days after the adoption of any amend-
ment to its by-laws, file with the commissioner a copy of such
amendment, certified as above provided.

Approved March 13, 1923.

Acts, 1923. —Chaps. 119, 120, 121, 122.

Chap.119 An Act authorizing the Atlantic union college to

GRANT THE DEGREE OF BACHELOR OF THEOLOGY.

Be it enacted, etc., as follows:
Atiant^cjjnion ^he Atlantic Union College, of Lancaster, is hereby authorized
grant°degree of to grant to graduates of its four year college courses, qualified
ThTO?ogy°^ by scholarship and previous college entrance preparation, degrees

of Bachelor of Theology. Approved March 13, 1923.

Chav 120 An Act repealing certain provisions of law relative

TO MORTGAGES OF DOMESTIC INSURANCE COMPANIES.

Certain law
relative to
mortgages of
domestic in-
surance com-
panies repealed.

Be it enacted, etc., as follows:

Sections thirty-eight to forty-three, inclusive, of chapter one
hundred and seventy-five of the General Laws are hereby re-
pealed. Approved March 13, 1923.

Chav. 121 An Act relative to the mutual trust life insurance

COMPANY.

Be it enacted, etc., as follows:

The provisions of section four of chapter one hundred and
seventy-two of the General Laws, as amended by chapter forty-
one of the acts of the current year, shall not prohibit the Mutual
Trust Life Insurance Company from using its present corporate
title within the commonwealth. Approved March 13, 1923.

Use of present
corporate title
by Mutual
Trust Life In-
surance Com-
pany.

Chap. 122 An Act authorizing cities and towns to provide head-
quarters FOR LOCAL posts OF THE VETERANS OF FOREIGN
WARS OF THE UNITED STATES.

Be it enacted, etc., as follows:

Chapter forty of the General Laws, as amended in section nine
by chapter eighty of the acts of nineteen hundred and twenty-
one, is hereby further amended by striking out said section and
inserting in place thereof the following: — Section 9. A city or
town may for the purpose of providing suitable headquarters
for a post or posts of The American Legion and of the Veterans
of Foreign Wars of the United States, lease for a period not ex-
ceeding five years buildings or parts of buildings which shall be
under the direction and control of such post or posts, subject to
regulations made in cities by the mayor with the approval of
the council and in towns by vote of the town, and for said pur-
poses a town with a valuation of less than five million dollars
may annually appropriate not more than one thousand dollars;
a town with a valuation of five million dollars but not more
than twenty million dollars may annually appropriate not more
than fifteen hundred dollars; a town with a valuation of twenty
million dollars but not more than seventy-five million dollars
may annually appropriate not more than two thousand dollars;
a town with a valuation of seventy-five million dollars but not
more than one hundred fifty million dollars may annually appro-

G. L. 40, § 9,
etc., amended.

Cities and
towns may
appropriate
money to pro-
vide head-
quarters for
posts of The
American
Legion and of
Veterans of
Foreign Wars
of the United
States.

Acts, 1923. —Chaps. 123, 124. 71

priate not more than twenty-five hundred dollars; and a town
with a valuation of one hundred fifty million dollars or more
may annually appropriate twenty-five hundred dollars for each
one hundred fifty million dollars of valuation, or fraction thereof.
The city council of a city may, by a two thirds vote, appropriate cities may
money for armories for the use of the state militia, for the cele- nXeyVor*
bration of holidays, for the purpose of providing or defraying ^"3°^j®J;f/^*''
the expenses of suitable quarters for posts of the Grand Army expenses of
of the Republic, including the heating and lighting of such posTso? Grand
quarters, and for other like public purposes to an amount not ^g^^jjj/^.*^"^®
exceeding in any one year one fiftieth of one per cent of its
valuation for such year. Approved March 13, 1923.

An Act authorizing the boston five cents savings bank Qfmj) ^23

TO ERECT AND PREPARE A SUITABLE BUILDING FOR THE CON- ^'

VENIENT TRANSACTION OF ITS BUSINESS.

Be it enacted, etc., as follows:

The Boston Five Cents Savings Bank, incorporated by chapter Boston Five
two hundred and thirty-two of the acts of eighteen hundred and Bank mty"^^
fifty-four, approved April seventh of said year, may, subject to f,^yfi*i'i®*''f'of
the approval of the commissioner of banks, invest in the erection transaction
and preparation of a suitable building to be used in whole or in °^ '^® business.
part for the convenient transaction of its business and to be
located on land on School street in the city of Boston, now owned
by said bank, or on said land and land adjacent thereto, a sum
not exceeding eight hundred and sixty thousand dollars in addi-
tion to any sums already invested in said land and the buildings
thereon; provided, however, that nothing contained herein shall Proviso,
be construed as authorizing a total investment by said bank in
real estate for use in whole or in part for the convenient trans-
action of its business exceeding in the aggregate the sum of two
million dollars. Approved March 13, 1923.

An Act relative to the time within which nomination (7/^(^7), 124
papers of candidates for city and town offices shall
be submitted to the registrars of voters.

Be it enacted, etc., as follows:

Section seven of chapter fifty-three of the General Laws, as o. l. 53, § 7,
amended by section one of chapter two hundred and fourteen ® "' ^^^'^
of the acts of nineteen hundred and twenty-two, is hereby
further amended by inserting after the w^ord "office" in the
eleventh line the words : — and, except where otherwise pro-
vided by law, of a candidate for a city or town office, — and by
striking out, in the fifteenth and sixteenth lines, the words " , and
every nomination paper of a candidate for a city or town office
shall seasonably be submitted to said registrars", — so as to
read as follows : — Section 7. Every voter signing a nomination Nomination
paper shall sign in person, with his name as registered, and shall ^ sfgn in° ^'*
state his residence on April first preceding, and the place where p^"- j'^j;,.*" lll]^
he is then living, 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

Acts, 1923. — Chap. 125.

Number that
voters may
sign.

Submission to
registrars of
voters, time,
etc.

Certification of
names, etc.

Number of
names to be
certified, etc.

fifty-seven, may authorize some person to write his name and
residence in his presence; and every voter may sign as many
nomination papers for each office as there are persons to be
elected thereto, and no more. Every nomination paper of a
candidate for a state office and, except where otherwise provided
by law, of a candidate for a city or town office shall be submitted,
on or before five o'clock in the afternoon of the Friday preceding
the day on which it must be filed, to the registrars of the city or
town where the signers appear to be voters. In each case the
registrars 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 or division for which the nomi-
nation 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 than
are 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 receiving such papers containing a sufficient number of
certified names to make a nomination, increased by one fifth
thereof. Approved March 13, 1923. .

G. L. 152, § 49,
amended.

'Claim for
compensation
under work-
men's compen-
satioa laws.

Chap.125 An Act providing that failure in certain cases to make

A CLAIM UNDER THE WORKMEN'S COMPENSATION LAWS SHALL
NOT BAR PROCEEDINGS THEREUNDER.

Be it enacted, etc., as follows:

Section forty-nine of chapter one hundred and fifty-two of the
General Laws is hereby amended by adding at the end thereof
the words: — In no case shall failure to make a claim bar pro-
ceedings if the insurer has executed an agreement in regard to
compensation with the employee or made any payment for
compensation under this chapter, — so as to read as follows : —
Section 49. The claim for compensation shall be in writing, and
shall state the time, place, cause and nature of the injury. It
shall be signed by the person injured, or, in the event of his
death, by his legal representative, or by a person to whom pay-
ments may be due, or by a person in behalf of any of them, an.d
shall be filed with the department. A claim for compensation
shall not be held invalid or insufficient by reason of any in-
accuracy in stating the time, place, cause or nature of the injury
unless it is shown that it was the intention to mislead and that
the insurer was in fact misled thereby. Failure to make a claim
within the time fixed by section forty-one shall not bar proceed-
ings under this chapter if it is found that it was occasioned by
mistake or other reasonable cause, or if it is found that the in-
surer was not prejudiced by the delay. In no case shall failure
to make a claim bar proceedings if the insurer has executed an
agreement in regard to compensation with the employee or
made any payment for compensation under this chapter.

Approved March IS, 1923.

Failure to mak<
a claim not to
bar proceed-
ings, etc.,
when.

Acts, 1923. — Chap. 126. 73

An Act making appropriations for the maintenance of pijfj^ lofi

DEPARTMENTS, BOARDS, COMMISSIONS, INSTITUTIONS AND ^'

CERTAIN ACTIVITIES OF THE COMMONWEALTH, FOR INTEREST,
SINKING FUND AND SERIAL BOND REQUIREMENTS, AND FOR
CERTAIN PERMANENT IMPROVEMENTS.

Be it enacted, etc., as follows:

Section 1. To provide for the maintenance of the several Appropriations

, -^ . . .... r» 1 '°'' niaintenance

departments, boards, commissions and institutions, oi sundry of departments,
other ser\ices, and for certain permanent improvements, and to tere'stTsinkVng
meet certain requirements of law, the sums set forth in section ^^^^K and bond

^ ' . requirements,

two, for the several purposes and subject to the conditions and certain
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 approval thereof, for
the fiscal year ending November thirtieth, nineteen hundred and
twenty-three, or for such other period as may be specified.
Section 2.

improvements.

Service of the Legislative Department.

Item

1 For the compensation of senators, the sum of sixty- Legislative

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 representatives,

a sum not exceeding thirty-two thousand dol-
lars . . 32,000 00

5 For the salaries of William H. Sanger, clerk of the

senate, and James W. Kimball, clerk of the house
of representatives, the sum of ninety-five hundred
dollars ... . . . . . 9,500 00

6 For the salaries of Irving N. Hayden, assistant clerk

of the senate, and Frank E. Bridgman, assistant
clerk of the house of representatives, the sum of
six thousand dollars ...... 6,000 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 busi-
ness, 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 repre-
sentatives, 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

1 1 For compensation for travel of doorkeepers, assistant

doorkeepers, messengers, pages and other em-
ploj'^ees of the sergeant-at-arms, authorized by
law to receive the same, a sum not exceeding
forty-six hundred and sixty dollars . . . 4,660 00

74 Acts, 1923. —Chap. 126.

Item
Legislative 12 For the salaries of the doorkeepers of the senate and

Department. house of representatives, and the postmaster, with

the approval of the sergeant-at-arms, a sum not
exceeding sixty-four hundred dollars . . . $6,400 00

13 For the salaries of assistant doorkeepers and mes-

sengers to the senate and house of representatives,
with the approval of the sergeant-at-arms, a sum
not exceeding forty thousand six hundred dollars . 40,600 00

14 For 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 legislative

document room, a sum not exceeding forty-three

hundred and fifty dollars ..... 4,350 00

16 For certain other persons employed by the sergeant-

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 hun-
dred dollars - 1,500 00

18 For personal services of the counsel to the senate

and assistants, a sum not exceeding twelve thou-
sand two hundred dollars ..... 12,200 00

19 For personal services of the counsel to the house of

representatives and assistants, a sum not exceed-
ing twelve thousand six hundred dollars . . 12,600 00

20 For clerical and other assistance of the senate com-

mittee on rules, a smn not exceeding thirty-five

hundred dollars 3,500 00

21 For clerical and other assistance of the house com-

mittee on rules, a sum not exceeding thirty-two

hundred dollars 3,200 00

22 (This item omitted.)

23 For authorized traveling and other expenses of the

committees of the present general court, with the
approval of a majority of the committee incurring
the same, a sum not exceeding six thousand dol-
lars . . . . . . 6,000 00

24 For expenses of advertising hearings of the com-

mittees of the present general court, including ex-
penses of preparing and mailing advertisements
to the various newspapers, with the approval of
the comptroller of the commonwealth, a sum not
exceeding six hundred dollars .... 600 00

25 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

26 For printing and binding ordered by the senate and

house of representatives, or by concurrent order
of the two branches, with the approval of the
clerks of the respective branches, a sum not ex-
ceeding sixty-two thousand four hundred dollars . 62,400 00

27 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 representa-
tives, a sum not exceeding seventy-two hundred
dollars • . . . 7,200 00

28 For expenses in connection with the pubUcation of

the bulletin of committee hearings, with the ap-
proval of the joint committee on rules, a sum not
exceeding fifteen thousand dollars . . . 15,000 00

29 For stationery for the senate, purchased by and with

the approval of the clerk, a sum not exceeding

seven hundred dollars , , . . . 700 00

Acts, 1923. — Chap. 126.

Item
30

For office expenses of the counsel to the senate, a
sum not exceeding one hundred dollars

For stationery for the house of representatives, pur-
chased by and with the approval of the clerk, a
sum not exceeding fifteen hundred dollars .

For office expenses of the counsel to the house of
representatives, a sum not exceeding one hundred
dollars ........

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 one hundred dollars ....

For the purchase of outline sketches of members of
the senate and house of representatives, a sum not
exceeding twelve hundred dollars

For reprinting the state house guide book, a sum not
exceeding eighteen hundred dollars

Total

Legislative
$100 00 Department.

1,500 00

100 00

19,100 00

1,200 00

1,800 00

$703,850 00

Service of the Judicial Department.

Supreme Judicial Court, as follows:

36 For the salaries of the chief justice and of the six

associate justices, a sum not exceeding seventy
thousand five himdred dollars ....

37 For traveling allowance and expenses, a sum not ex-

ceeding forty-five hundred dollars

38 For the pensions of retired justices, a sum not ex-

ceeding twenty-two thousand five hundred dollars

39 For the salary of the clerk for the commonwealth, a

smn not exceeding sixty-five hundred dollars

40 For clerical assistance to the clerk, a sura not exceed-

ing one thousand dollars .....

41 For clerical and stenographic services for the justices,

a sum not exceeding nineteen thousand dollars

42 For office supplies, services and equipment of the

supreme judicial court, a sum not exceeding
twenty-five hundred dollars

43 For the salaries of the officers and messengers, a

sum not exceeding three thousand and forty dol-
lars ........

44 For the salary of the clerk for the county of Suffolk,

a sum not exceeding fifteen hundred dollars

Reporter of Decisions:

45 For the salary of the reporter of decisions, a sum not

exceeding six thousand dollars ....

46 For clerk hire and office supplies, services and equip-

ment, a simi not exceeding eight thousand dol-
lars ........

Pension :

47 For the pension of Michael F. Meagher, as author-

ized by chapter two hundred and sixty-seven of the
acts of nineteen hundred and twenty-two, a sum
not exceeding two hundred dollars

Total

Superior Court, as follows:

48 For the salaries of the chief justice and of the twenty-

nine associate justices, a sum not exceeding two
hundred ninety-six thousand dollars .

Judicial De-
partment.

$70,500 00 Supreme

' Judicial Court.

4,500 00
22,500 00

6,500 00

1,000 00
19,000 00

2,500 00

3,040 00
1,500 00

Reporter of
6,000 00 Decisions.

8,000 00

Pension,
Michael F.
Meagher.

200 00

$145,240 00

Superior Court.

$296,000 00

Acts, 1923. —Chap. 126.

Superior
Court.

Item

49
50
51

For traveling allowance and expenses, a sum not

exceeding sixteen thousand dollars . . . $16,000 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 dol-
lars . . . . . . . . 1,500 00

For pensions of retired justices, a sum not exceeding
twenty-four thousand three hundred and seventy-
five dollars .......

Total .

24,375 00
. $338,875 00

Administrative Committee of District Courts:
Administrative 52| For compensation and expenses of the administrative
"* ■■ ■• committee of district courts, a sum not exceeding

Committee of
District Courts.

forty-five hundred dollars

$4,500 00

Probate and

Insolvency

Courts.

Probate and Insolvency Courts, as follows:

53 For the salaries of judges of probate of the several

counties, a sum not exceeding eighty-six thousand

five hundred dollars $86,500 00

54 For pensions of retired justices, a sum not exceeding

fourteen thousand one hundred and seventy-five

dollars 14,175 00

55 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

56 For the salaries of registers of the several counties,

a sum not exceeding fifty-two thousand six hun-
dred dollars 52,600 00

57 For the salaries of assistant registers, a sum not ex-

ceeding fifty-two thousand two hundred and thirty

dollars 52,230 00

Total $207,505 00

Registers of
Probate and
Insolvency,
clerical as-
sistance.

For clerical assistance to Registers of the several
counties, as follows:

58 Barnstable, a sum not exceeding one thousand dol-

lars . . ... . . . $1,000 00

59 Berkshire, a sum not exceeding sixteen hundred and

fifty dollars . . _ . _ . . . . 1,650 00

60 Bristol, a sum not exceeding eighty-three hundred

dollars 8,300 00

61 Dukes county, a sum not exceeding five hundred

dollars . . 500 00

62 Essex, a sum not exceeding eleven thousand two

hundred dollars 11,200 00

63 Franklin, a sum not exceeding eight hundred dol-

lars 800 00

64 Hampden, a sum not exceeding seventy-three hun-

dred dollars . . . . . . . 7,300 00

65 Hampshire, a sum not exceeding twelve hundred

dollars ........ 1,200 00

66 Middlesex, a sum not exceeding twenty-six thousand

three hundred and thirty dollars . . . 26,330 00

67 Norfolk, a sum not exceeding sixty-three hundred

and twenty-five dollars ..... 6,325 00

68 Plymouth, a sum not exceeding twenty-one himdred

and ninety-two dollars . . . . . 2,192 00

Acts, 1923. —Chap. 126.

Item
69

Suffolk, a sum not exceeding forty-five thousand
eight hundred dollars .....

^^'orceste^, a smn not exceeding eleven thousand
two hundred dollars .....

Total

Rogisters of
$45,800 00 Sr„-f
clerical
11,200 00 assistance.

$123,797 00

District Attorneys, as follows:

71 For the salaries of the district attorney and assistants

for the Suffolk district, a sum not exceeding
thirty-eight thousand six hundred and fifty dol-
lars ........

72 For the salaries of the district attorney and assistants

for the northern district, a sum not exceeding
fourteen thousand seven hundred and fifty dol-
lars ........

73 For the salaries of the district attorney and assistants

for the eastern district, a sum not exceeding ten
thousand two hundred and fifty dollars

74 For the salaries of the district attorney, deputy

district attorney and assistants for the south-
eastern district, a sum not exceeding thirteen
thousand two hundred and fifty dollars

75 For the salaries of the district attorney and assistants

for the southern district, a sum not exceeding
eighty-two hundred dollars ....

76 For the salaries of the district attorney and assistants

for the middle district, a sum not exceeding ten
thousand two hundred and fifty dollars

77 For the salaries of the district attorney and assistants

for the western district, a sum not exceeding
sixty-one hundred and fifty dollars

78 For the salary of the district attorney for the north-

western district, a sum not exceeding two thousand
dollars ........

79 For traveling expenses necessarily incurred by the

district attorneys, except in the Suffolk cUstrict, a
sum not exceeding six thousand dollars

Total

District
Attorneys.

$38,650 00

14,750 00

10,250 00

13,250 00

8,200 00

10,250 00

6,150 00

2,000 00

6,000 00
$109,500 00

Service of the Land Court.

80 For salaries of the judge, associate judge, the recorder

and court officer, a sum not exceeding twenty-
eight thousand six hundred dollars . . . $28,600 00

81 For engineering, clerical and other personal services,

a sum not exceeding twenty thousand four hundred
andtendoUars . . . . . . 20,410 00

82 For personal services in the examination of titles,

for publishing and serv^ing citations and other
services, traveling expenses, suppUes and office
equipment, and for the preparation of sectional
plans showing registered land, a sum not exceeding
thirty-two thousand seven hundred and twenty-
five doUars 32,725 00

Total $81,735 00

Land Court.

Service of the Commission on Probation.

83 For personal services of the deputy commissioner,
clerks and stenographers, a sum not exceeding
eleven thousand nine hundred dollars

$11,900 00

Commission on
Probation.

Acts, 1923. —Chap. 126.

Commission
on Probation.

Item

For service other than personal, including printing
the annual report, traveling expenses, office sup-
plies and equipment, a sum not exceeding twenty-
six hmidred dollars $2,600 00

Total $14,500 00

Board of Bar
Examiners.

Service oj the Board of Bar Examiners.

85 For personal services of the members of the board,

a sum not exceeding sixty-three hundred dollars . $6,300 00

86 For other services, including printing the annual

report, traveling expenses, office supplies and
equipment, a sum not exceeding twenty-five htm-
dred and fifty doUars 2,550 00

Total $8,850 00

Executive De-
partment.

Service of the Executive Department.

87 For the salary of the governor, the sum of ten thou-

sand dollars $10,000 00

88 For the salary of the lieutenant governor, the sum

of four thousand dollars ..... 4,000 00

89 For the salaries of the eight councillors, the sum of

eight thousand dollars 8,000 00

90 For the salaries of officers and employees of the de-

partment, a sum not exceeding twenty-one thou-
sand two hundred and sixteen dollars . . 21,216 00

91 For travel and expenses of the lieutenant governor

and council from and to their homes, a sum not

exceeding one thousand dollars .... 1,000 00

92 For postage, printing, office and other contingent ex-

penses, including travel, of the governor, a sum

not exceeding eleven thousand dollars . . 11,000 00

93 For postage, printing, stationery, traveling and

contingent expenses of the governor and council,

a sum not exceeding thirty-five hundred dollars . 3,500 00

94 For expenses incurred in the arrest of fugitives from

justice, a sum not exceeding one thousand dollars 1,000 00

95 For payment of extraordinary expenses and for

transfers made to cover deficiencies, with the ap-
proval of the governor and council, a smn not ex-
ceeding one hundred thousand dollars . . 100,000 00

96 For the purchase of a portrait of a former governor,

as authorized by section nineteen of chapter
eight of the General Laws, a sum not exceeding
three thousand dollars ..... 3,000 00

Total $162,716 00

Adjutant
General.

Service of the Adjutant General.

97 For the salary of the adjutant general, a sum not

exceeding forty-one hundred dollars . . . $4,100 00

98 For the personal services of office assistants, a simi

not exceeding thirty-nine thousand dollars . . 39,000 00

99 For services other than personal, printing the annual

report, and for necessary office supplies and ex-
penses, a sum not exceeding ten thousand five
hundred dollars ... . . . 10,500 00

100 For expenses not otherwise provided for in connec-
tion with military matters and accounts, a sum
not exceeding ninety-one hundred dollars . . 9,100 00

Acts, 1923. — Chap. 126.

Item
101

102

103

For premium on bonds for officers, a sum not exceed-
ing six hundred dollars .....

For automobile for the commander-in-chief, a sum
not exceeding fifty-two hundred dollars

For expenses of maintenance and operation of auto-
mobiles for any use directed by the governor or
adjutant general, a sum not exceeding forty-five
hundred dollars ......

Total .

$600 00
5,200 00

4,500 00
. $73,000 00

Adjutant
General.

Service of Reorganized Militia.

104 For allowances to companies and other administra-

tive units, a sum not exceeding one hundred forty-
three thousand dollars $143,000 00

105 For pay and transportation of certain boards, a sum

not exceeding six thousand dollars . . . 6,000 00

106 For pay and expenses of certain camps of instruction,

a sum not exceeding six thousand dollars . . 6,000 00

107 For pay and transportation in making inspections

and surveys and for escort duty, a sum not ex-
ceeding six thousand dollars . . . . 6,000 00

108 For transportation of officers and non-commissioned

officers for attendance at military meetings, a sum

not exceeding seven thousand dollars . . . 7,000 00

109 For transportation to and from regimental and

battalion drills, a sum not exceeding seven thou-
sand dollars 7,000 00

110 For transportation when appearing for examination,

a sum not exceeding seven hundred dollars . 700 00

111 For expenses of rifle practice, a sum not exceeding

twenty-two thousand dollars .... 22,000 00

112 For compensation, transportation and expenses in

the preparation for camp duty maneuvers, a sum
not exceeding twenty-eight thousand five himdred
dollars . 28,500 00

113 For maintenance of horses, a sum not exceeding

twenty-eight thousand two hundred dollars . 28,200 00

114 For expense of maintaining and operating certain

trucks, a sum not exceeding twenty-five hundred

dollars 2,500 00

115 For compensation for special and miscellaneous duty,

a sum not exceeding twelve thousand dollars . 12,000 00

116 For transportation and other expenses of the United

States instructors, a sum not exceeding three hun-
dred dollars 300 00

117 For compensation for accidents and injuries sus-

tained in the performance of military duty, a sum

not exceeding five thousand dollars . . . 5,000 00

118 For reimbursement for death and injuries to horses,

a sum not exceeding five hundred dollars . . 500 00

119 For expenses of organizing and maintaining an aero

squadron, a sum not exceeding four thousand dol-
lars 4,000 00

Total $278,700 00

Reorganized
Militia.

Service of the Property and Disbursing Officer.

120 For clerical services and other expenses for the office
of the property and disbursing officer, a sum not
exceeding fifty-nine hundred dollars .

Property and
Disbursing
$5,900 00 Officer.

Acts, 1923. —Chap. 126.

Item

Mexican Border 121
Service, cer-
tificates of
honor.

Special Military 122
Expenses.

123

Mexican Border Service.

For the expense of furnishing certificates of honor
for service on the Mexican border, as authorized by
law, a sum not exceeding one hundred and fifty
dollars, the same to be in addition to any sum
heretofore appropriated for the purpose . . $150 00

Service of Special Military Expenses.

For expense of testimonials to soldiers and sailors
of the world war, to be expended under the di-
rection of the adjutant general, a sum not exceed-
ing thirty-five hundred dollars, the same to be in
addition to any amount heretofore appropriated
for the purpose . . . . $3,500 00

For the compilation of records of soldiers and sailors
who served during the Philippine insurrection, to
be expended under the direction of the adjutant
general, a sum not exceeding fifteen hundred dol-
lars 1,500 00

Total $5,000 00

Publication of
Records of
Massachusetts
Soldiers and
Sailors of Civil
War.

Chief Quarter-
master.

Service for the Publication of Records of Massachu-
setts Soldiers and Sailors of the Civil War.

124 For services for the publication of records of Massa-

chusetts soldiers and sailors who served in the
civil war, a sum not exceeding seventy-one hun-
dred dollars $7,100 00

Service of the Chief Quartermaster.

125 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

126 For personal services of other employees of the chief

quartermaster, a sum not exceeding fourteen

thousand eight hundred dollars .... 14,800 00

127 For expert assistance, the employment of which may

be exempt from civil service rules, in the disburse-
ment of certain money to the officers and enlisted
men of the militia for compensation and allow-
ances, a sum not exceeding twelve hundred dol-
lars . . . . . . 1,200 00

128 For the salaries of armorers and assistant armorers

of first-class armories, a sum not exceeding one

hundred thirteen thousand five hundred dollars . 113,500 00

129 For certain incidental military expenses of the

quartermaster's department, a sum not exceeding

two thousand dollars . . . . . 2,000 00

130 For office and general supplies and equipment, a sum

not exceeding seven thousand dollars . . . 7,000 00

131 For the care and maintenance of the camp ground

and buildings at Framingham, a sum not exceeding

two thousand dollars 2,000 00

132 For the maintenance of armories of the first class, a

sum not exceeding one hundred fifty thousand

dollars . . 150,000 00

133 For reimbursement for rent and maintenance of

armories of the second class, a sum not exceeding

three thousand dollars . . . . . 3,000 00

134 For reimbursement for rent and maintenance of

armories of the third class, a sum not exceeding

fifty-four hundred dollars ..... 5,400 00

Acts, 1923. —Chap. 126.

Item

135
136

137

138

139

For an allowance for a mechanic for each battery of Chief Quarter-

field artillery, a sum not exceeding thirteen thou- master,

sand six hundred dollars . . . ... $13,600 00

For the rental of stables, including water and certain
other incitlental services, for the housing of horses
and mules, a sum not exceeding eleven thousand
seven hundred dollars ..... 11,700 00

Total $331,000 00

Service of the Chief Surgeon.

For personal services of the chief surgeon and regular Chief Surgeon,
assistants, a sum not exceeding six thousand dol-
lars $6,000 00

For services other than personal, and for necessary
medical and office supplies and equipment, a sum
not exceeding three thousand dollars . . . 3,000 00

For the examination of recruits, a sum not exceeding

eight thousand dollars 8,000 00

Total $17,000 00

Service of the Commission on Administration
and Finance.

140 For personal services of the commission, a sum not

exceeding twenty-five thousand seven hundred
and twenty-five dollars .....

141 For personal services of assistants and employees, a

sum not exceeding one hundred nine thousand
dollars ........

142 For other expenses incidental to the duties of the

commission, a sum not exceeding ten thousand
dollars ........

Total

142^ For a general supply account, as provided by section
ten of chapter five hundred and forty-five of the
acts of nineteen hundred and twenty-two, to cover
the initial payment in certain cases where collective
buying is likely to produce saving, a sum not ex-
ceeding twenty-five thousand dollars, said amount
to be used for the purchase of such commodities
as are commonly used in a large number of depart-
ments and institutions, and to be expended with
the approval of the commission on administration
and finance .......

143 For the purchase of paper used in the execution of

the contract for the state printing, with the ap-
proval of the commission on administration and
finance, a sum not exceeding one hundred ten
thousand dollars ......

Service of the Armory Commission.

144 For compensation of m.embers, a sum not exceeding

twenty-three hundred dollars ....

145 For office and traveling expenses, a sum not exceed-

ing three hundred dollars .....

146 For the purchase of land and construction of an

armory in the city of Quincy, by the armory com-
mission, a sum not exceeding sixty-five thousand
dollars, the same to be in addition to the amount
appropriated in nineteen hundred and twenty-
two ........

Commission on
Administration
5 725 00 ^'^^ Finance.

109,000 00
10,000 00

$144,725 00

General supply
account.

$25,000 00

Purchase of
paper.

$110,000 00

Armory Com-
$2,300 00 mission.

300 00

65,000 00

Acts, 1923. — Chap. 126.

Armory
Commission.

Item

147

For the purchase of lockers and certain furniture, a
sum not exceeding ten thousand dollars, the same
to be in addition to the amount appropriated in
nineteen hundred and twenty-two . . . $10,000 00

Total $77,600 00

Board of
Appeal, etc.

148

Service of the Board of Appeal from Decisions of the
Commissioner of Corporations and Taxation.

For expenses of the board, a sum not exceeding two
hundred dollars ......

$200 00

Commissioner
of State Aid
and Pensions.

Service of the Commissioner of State Aid and
Pensions.

149 For personal services of the commissioner and dep-

uty, a sum not exceeding sixty-seven hundred

doUars $6,700 00

150 For personal services of agents, clerks, stenographers

and other assistants, a sum not exceeding thirty

thousand nine hundred dollars .... 30,900 00

151 For services other than personal, including printing

the annual report, traveling expenses of the com-
missioner and his employees, and necessary office
supplies and equipment, a sum not exceeding
forty-one hundred and fifty dollars . . . 4,150 00

Total $41,750 00

152

Expenses on
Account of
Wars.

Reimbursement
of cities and
towns for state
and military
aid, etc.

Reimbursement 153
for funeral
expenses for
certain soldiers.

Massachusetts
Soldiers' Home.

154

154i

Grand Army 155
of the Republic
of the Depart-
ment of Mas-
sachusetts.

For Expenses on Account of Wars.

For reimbursing cities and towns for money paid
on account of state and military aid to Massachu-
setts soldiers and their families, the sum of four
hundred forty-seven thousand dollars, the same
to be paid on or before the fifteenth day of No-
vember in the year nineteen hundred and twenty-
three, in accordance with the provisions of existing
laws relative to state and military aid . . $447,000 00

For reimbursement for funeral expenses for certain
soldiers, as authorized by chapter three hundred
and seventy-eight of the acts of nineteen hundred
and twenty-two, a sum not exceeding twenty-five
thousand dollars . 25,000 00

For the maintenance of the Massachusetts Soldiers'
Home, with the approval of the trustees thereof,
a sum not exceeding one hundred eighty-seven
thousand dollars • 187,000 00

For additional fire protection, including the placing
of metal doors and other repairs in the fire walls
in the main dormitory building, and the installa-
tion of a sprinkler system wherever needed, a
sum not exceeding twenty-five thousand dollars . 25,000 00

For the Grand Army of the Republic of the De-
partment of Massachusetts, the sum of one thou-
sand dollars, as authorized by chapter fifteen of
the resolves of nineteen hundred and twenty-one . 1,000 00

Total $685,000 00

Art Com-
mission.

Service of the Art Commission.

156 For expenses of the commission, a sum not exceeding
one hundred dollars ......

$100 00

Acts, 1923. —Chap. 126.

Item

157

Service of the Commission on Uniform State Laws.

For expenses, for the current fiscal year, of the com-
missioners on uniform state laws, a sum not ex-
ceeding seven hundred and fifty dollars

Commissioners
on Uniform

$750 00 ^^^*'^ ^*^^-

Service of the State Library.

158 For personal services of the Ubrarian, a sum not ex- State Library.

ceeding five thousand dollars .... $5,000 00

159 For personal services of the regular Ubrary assistants,

temporary clerical assistance and for services for
cataloguing, a sum not exceeding twenty-eight
thousand one hundred dollars .... 28,100 00

160 For services other than personal, including printing

the annual report, office supplies and equipment,
and incidental traveling expenses, a sum not ex-
ceeding twenty-nine hundred dollars . . . 2,900 00

161 For books and other pubhcations and things needed

for the library, and the necessary binding and re-
binding incidental thereto, a sum not exceeding
thirteen thousand five hundred dollars . . 13,500 00

Total $49,500 00

Service of the Superintendent of Buildings.

162 For personal services of the superintendent and Superintendent

ofiice assistants, a sum not exceeding twelve thou- of Buildings,

sand three hundred and sixty dollars . . . $12,360 00

163 For personal services of engineers, assistant engi-

neers, fiiremen and helpers in the engineer's depart-
ment, a sum not exceeding fifty-four thousand five
hundred dollars 54,500 00

164 For personal services of watchmen and assistant

watchmen, a sum not exceeding thirty-eight thou-
sand seven hundred dollars .... 38,700 00

165 For personal services of porters, a sum not exceeding

twenty-two thousand two hundred dollars . . 22,200 00

166 For other personal services incidental to the care

and maintenance of the state house, a sum not

exceeding fourteen thousand dollars . . . 14,000 00

Total $141,760 00

Other Annual Expenses.

167 For contingent, office and other expenses of the Other Annual

superintendent, a sum not exceeding eleven hun- Expenses.

dred dollars $1,100 00

168 For telephone service in the building, and expenses

in cormection therewith, a sum not exceeding
thirty-seven thousand dollars .... 37,000 00

169 For services, supplies and equipment necessary to

furnish heat, light and power, a smn not exceeding

forty-four thousand dollars .... 44,000 00

170 For other services, supplies and equipment necessary

for the maintenance and care of the state house
and grounds, including repairs of furniture and
equipment, a sum not exceeding ninety-one thou-
sand dollars 91,000 00

Total

$173,100 00

Acts, 1923. — Chap. 126.

Old State
House, main-
tenance.

Item

171

For the Maintenance of the Old State House.

For the contribution of the commonwealth toward
the maintenance of the old provincial state house,
the sum of fifteen hundred dollars

$1,500 00

Fuel Ad-
ministrator.

Service of the Fuel Administrator.

172 For expenditures of a fuel administrator, as author-
ized by chapter five hundred and forty-four of the
acts of nineteen hundred and twenty-two, a sum
not exceeding ten thousand dollars, the same to
be in addition to the amount appropriated in nine-
teen hundred and twenty-two ....

$10,000 00

Commission to
Destroy
Obsolete
Records, etc.

Secretary of
the Common-
wealth.

Service of the Commission to Destroy Obsolete and
Worthless Records, Books and Documents.

173 For services and expenses of the commission, a sum

not exceeding fifty dollars .... $50 00

Service of the Secretary of the Commonwealth.

174 For the salary of the secretary, the sum of six thou-

sand dollars $6,000 00

175 For the salaries of officers and employees holding

positions estabhshed by law, and other personal
services, a sum not exceeding ninety-one thousand
dollars . . . ... . . 91,000 00

176 For services other than personal, 'traveling expenses,

office supplies and equipment, a sum not exceed-
ing thirteen thousand dollars .... 13,000 00

177 For postage and expressage on public documents,

and for maiUng copies of bills and resolves to
certain state, city and town officials, a sum not
exceeding forty-five hundred dollars . . . 4,500 00

178 For the arrangement and preservation of state

records and papers, a sum not exceeding one thou-
sand dollars 1,000 00

179 For printing registration books and blanks and in-

dexing returns, a sum not exceeding fifty-six hmi-

dred doUars . . . . . . . 5,600 00

180 For the purchase of copies of certain town records

prior to eighteen hundred and fifty, a sum not ex-
ceeding seven thousand dollars .... 7,000 00

181 For purchase of copies of the history of certain regi-

ments in the civil war and in the world war, a sum

not exceeding two thousand dollars . . . 2,000 00

182 For the purchase of certain supphes and equipment,

and for other things necessary in connection with
the reproduction of the manuscript collection
designated "Massachusetts Archives", a sum not
exceeding thirty-one hundred dollars . . . 3,100 00

183 For the purchase and distribution of copies of certain

journals of the house of representatives of Massa-
chusetts 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 exceed-
ing seven hundred and fifty dollars . . . 750 00

Total

$133,950 00

Acts, 1923. —Chap. 126.

Item

For indexing vital statistics:

184 For the preparation of certain indexes of births,

marriages and deaths, a sum not exceeding ten
thousand dollars, the same to be in addition to
the amount appropriated in the preceding year . $10,000 00

For printing laws, etc. :

185 For printing the pamphlet edition of the acts and

resolves of the present year, a sum not exceeding

eight thousand dollars ..... $8,000 00

186 For the printing of a cumulative index to the acts

and resolves, a sum not exceeding fourteen hun-
dred dollars 1,400 00

187 For printing and binding the blue book edition of

the acts and resolves of the present year, a sum

not exceeding fifteen thousand dollars . . 15,000 00

188 For the purchase of reports of decisions of the

supreme judicial court, a sum not exceeding forty-
five hundred dollars ...... 4,500 00

189 For printing and binding pubUc documents, a sum

not exceeding twenty thousand dollars . . 20,000 00

Total

For matters relating to elections:

190 For personal and other services necessary for pre-

paring and printing ballots for the primary elec-
tions, a sum not exceeding one thousand dollars .

191 For the printing and distribution of ballots, a sum

not exceeding one thousand dollars

192 For the printing of blanks for town officers, election

laws and blanks and instructions on all matters
relating to elections, a sum not exceeding three
thousand dollars . . . . .

193 For furnishing cities and towns with ballot boxes,

and for repairs to the same, a sum not exceeding
three thousand dollars .....

194 For expenses of pubhcation of lists of candidates and

forms of questions before state elections, a sum
not exceeding five hundred dollars

195 For the purchase of apparatus to be used at polUng

places in the canvass and counting of votes, a sum
not exceeding five hundred doUars

196 For the printing, for the use of cities and towns, of

registers of voters, a sum not exceeding one thou-
sand dollars .......

Total

Supervisor of Public Records:

197 For personal services of the supervisor, a sum not

exceeding three thousand dollars

198 For the purchase of ink for pubhc records of the

commonwealth, a sum not exceeding one thousand
dollars ........

199 For traveling expenses of the supervisor of public

records, a sum not exceeding thirteen hundred
dollars ........

Total $5,300 00

Summer Census:

200 For personal services and expense of taking a special

census in towns having an increased resident popu-
lation during the summer months, to be covered
by assessments upon the towns in which the work
is done, a sum not exceeding five hundred dollars . $500 00

Indexing vital
statistics.

Printing laws,
etc.

$48,900 00

Election
matters.

$1,000 00

1,000 00

3,000 00

500 00

1,000 00

$10,000 00

$3,000 00

Supervisor of
Public Records,

1,000 00

1,300 00

Summer
Census.

Acts, 1923. —Chap. 126.

Item

Decennial
Census.

201

202

Medical

Examiners'

fees.

Treasurer and
Receiver-
General.

Commissioners
on Firemen's
Relief.

Payments to
soldiers.

Decennial Census:

For personal services of the census division of the
department of the secretary of the commonwealth,
a sum not exceeding forty-eight hundred dollars . $4,800 00

For expenses of the census division of the department
of the secretary of the commonwealth, a sum not
exceeding five hundred dollars .... 500 00

Total $5,300 00

Medical Examiners' fees:

203 For medical examiners' fees, as provided by law, a

sum not exceeding one thousand dollars . . $1,000 00

Service of the Treasurer and Receiver-General.

204 For the salary of the treasurer and receiver-general,

the sum of six thousand dollars .... $6,000 00

205 For salaries of officers and employees holding posi-

tions established by law and additional clerical
and other assistance, a sum not exceeding forty-
two thousand nine hundred and seventy dollars . 42,970 00

206 For servi(?es other than personal, traveling expenses,

oflBce supplies and equipment, a sum not exceed-
ing eight thousand and ninety dollars . . 8,090 00

207 For the expenses of administering chapter two hun-

dred 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 au-
thority of chapters two hundred and eighty-three
and three himdred and forty-two of the General
Acts of nineteen hundred and nineteen . . 2,520 00

Total $59,580 00

Commissioners on Firemen's Relief:

208 For relief disbvused, with the approval of the com-

missioners on firemen's rehef, subject to the pro-
visions of law, a sum not exceeding seventeen
thousand five hundred dollars .... $17,500 00

209 For expenses of administration by the commis-

sioners on firemen's rehef, a sum not exceeding

five hundred dollars ...... 500 00

209| For reimbursement of rehef disbursed, a smn not
exceeding two thousand dollars, the same resulting
from a failure to file vouchers seasonably in order
to have the same charged against the appropria-
tion of the year nineteen hundred and nineteen . 2,000 00

Total $20,000 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 recog-
nition of residents of Massachusetts serving in
the army or navy of the United States during the
war with Germany, a sum not exceeding seventy-
nine hundred dollars, the same to be payable from
the receipts from taxes levied under said chapter
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 hereto-
fore appropriated for the purpose . . . $7,900 00

Acts, 1923. —Chap. 126.

Item
211

For payments to persons in the military service au-
thorized by chapter two hundred and eleven of
the General Acts of nineteen hundred and seven-
teen, a sum not exceeding fifteen thousand dollars,
to be paid from the receipts from taxes levied
under authority of chapters two hundred and
eighty-three and three himdred and forty-two of
the General Acts of nineteen hundred and nine-
teen ........

Total

Payments to
persons in the
military
service.

S15,000 00
$22,900 00

State Board of Retirement:

212 For personal services in the administrative office

of the state board of retirement, a sum not exceed-
ing seventy-eight hundred dollars . . . $7,800 00

213 For services other than personal, printing the annual

report, and for office suppUes and equipment, a
sum not exceeding thirty-eight hundred and fifty
doUars 3,850 00

214 For requirements of annuity funds and pensions for

employees retired from the state service under au-
thority of law, a sum not exceeding ninety-seven
thousand dollars 97,000 00

State Board
of Retirement.

Total .

. $108,650 00

Requirements for Extinguishing the State Debt.

215 For sinking fund requirements and for certain serial
bonds maturing during the present year, the sum
of one milUon four hundred twenty-nine thousand
seven hundred twenty-seven dollars and seventy-
four cents, of which sum thirty-six thousand six
hundred twenty-seven dollars and twenty-seven
cents for serial bonds for state house construction
shall be paid from the balance now in the treasury
of the proceeds of the last loan for said purpose;
two hundred and fifty thousand dollars for the
development 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 appropriation
made by section four of chapter two hundred and
twenty-five of the acts of nineteen hundred and
twenty, and sixty thousand dollars for serial bonds
for the harbor improvement loan shall be paid
from the unexpended balance now in the treasury
of the proceeds of said loan . . . $1,429,727 74

Requirements
for Extinguish-
ing State
Debt.

Interest Requirements.

216 For the payment of interest on the direct debt and
temporary loans of the commonwealth, a sum not
exceeding one million seven hundred and fifteen
thousand dollars $1,715,000 00

Interest Re-
quirements.

Service of the Auditor of the Commonwealth.

217 For the salary of the auditor, a sum not exceeding

six thousand doUars ......

218 For personal services of deputies and other assistants,

including the amount of the December pay roll for
nineteen hundred and twenty-two for all em-
ployees then in the auditor's office, but later
transferred to the bureau of the comptroller, a
simi not exceeding thirty-five thousand dollars

Auditor of the

$6,000 00 Common-
wealth.

35,000 00

Acts, 1923. —Chap. 126.

Auditor of the
Common-
wealth.

Item
219

For services other than personal, traveling expenses,
office supplies and equipment, a sum not exceeding
six thousand dollars ..... $6,000 00

Total $47,000 00

Unclassified
Accounts and
Claims.

Unclassified Accounts and Claims.

220 For the compensation of veterans of the civil war ^

and certain others formerly in the service of the
commonwealth, now retired, a sum not exceeding
seventy-seven thousand dollars .... $77,000 00

221 For the compensation of any veteran who may be

retired by the governor under the provisions of
sections fifty-six to sixty, inclusive, of chapter
thirty-two of the General Laws, a sum not ex-
ceeding seven hundred and fifty dollars . . 750 00

222 For the compensation of certain prison officers and

instructors formerly in the service of the common-
wealth, and now retired, a sum not exceeding
twenty-six thousand four hundred dollars . . 26,400 00

223 For the compensation of state police officers formerly

in the service of the commonwealth, and now re-
tired, a sum not exceeding eighty-three hundred
dollars . . . . . . . . 8,300 00

224 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
twenty-four hundred dollars .... 2,400 00

Total $114,850 00

Certain
other aid.

For certain other aid:

225 For the compensation of certain public employees

for injuries sustained in the course of their em-
ployment, as provided by section sixty-nine of
chapter one hundred and fifty-two of the General
Laws, a sum not exceeding twenty-five thousand
dollars . . . . . . ... $25,000 00

226 For the payment of certain annuities and pensions

of soldiers and others under the provisions of
certain acts and resolves, a sum not exceeding
eighty-seven hundred and forty-eight dollars . 8,748 00

Total $33,748 00

Maintenance
of boulevards
and parkways.

Blue Hill
River road.

Wellington
bridge.

227 For maintenance of boulevards and parkwa5's, with

the approval of the metropolitan district commis-
sion, a sum not exceeding two hundred twenty-
one thousand five hundred and fifty dollars,
representing the state's portion or one-half of the
estimated cost of maintenance, to be paid from
receipts in the Motor Vehicle Fees Fund . . $221,550 00

227| For the state's part of the expense for widening and
reconstructing Blue Hill River road in the Blue
Hills reservation, subject to the conditions recited
in item six hundred and sixty-nine, a sum not ex-
ceeding twenty-eight thousand one hundred and
twenty-five dollars, to be paid from the receipts
from the Motor Vehicle Fees Fund . . . 28,125 00

228 For maintenance of Wellington bridge, with the ap-

proval of the metropolitan district commission, a
sum not exceeding thirty-six hundred and fifty
dollars 3,650 00

Acts, 1923. —Chap. 126.

Item
229

230

231

232

233

234

For reimbursing officials for premiums paid for pro-
curing sureties on their bonds, as i)rovided by
existing laws, a sum not exceeding three hundred
dollars ........

For payment in accordance with law of such claims
as may arise in consequence of the death of firemen
and of persons acting as firemen, from injuries re-
ceived in the discharge of their duties, a sum not
exceeding eighteen thousand dollars .

For payment of any claims, as authorized by section
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 theu"
duties, a sum not exceeding one thousand dollars

For small items of expenditure for which no appro-
priations have been made, and for cases in which
appropriations have been e.xhausted or have re-
verted to the treasury in previous years, a sum
not exceeding one thousand dollars

For reimbursement of persons for funds previously
deposited in the treasuiy of the commonwealth
on account of unclaimed savings bank deposits, a
sum not exceeding one thousand dollars

For expenses incurred for the preparation of prelimi-
nary 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
three thousand dollars .....

Total

Reimbursement
for premiums
paid, etc.

$300 00

Claims on
death of
firemen, etc.

18,000 00

Claims for
policemen
killed, etc.

1,000 00

For small
items of
expenditure,
etc.

1,000 00

Reimbursement
for unclaimed
savings bank
deposits.

Expenses for
preliminary
studies, etc.

3,000 00
$277,625 00

Claims.

Payments for certain claims authorized by the
following appropriations shall be certified by
the comptroller of the commonwealth only
upon the filing of satisfactory releases or
other evidence that the payments are accepted
in full compensation on the part of the com-
monwealth in respect thereto:
235a For Berkshire Lumber Company, on account of
lumber furnished and used in the construction of
forms for concrete bridges in Williamstown, New
Ashford and Lanesborough, the sum of thirty-
three hundred forty-three dollars and thirty-eight

cents $3,343 38

235b For Taconic Lumber Company, on account of lumber
furnished and used in the construction of forms for
concrete bridges in Williamstown, New Ashford
and Lanesborough, the sum of twenty-one hundred
forty-nine dollars and forty cents . . . 2,149 40

235c For Stuart H. Morgan, for injuries received in the
performance of his duties, the sum of fifty-seven
dollars and ninety cents ..... 57 90

235d For Martin Morrissey, for injuries received in the
performance of his duties, the sum of seven dol-
lars and twenty-five cents ..... 7 25
235e For Earle C. Dodds of Hopedale, for reimbursement
for damages to an automobile run into by a truck
used by the division of highways of the state de-
partment of public works, on April twenty-fourth,
nineteen hundred and twenty-two, the sum of
fourteen hundred dollars ..... 1,400 00

Claims.

Berkshire

Lumber

Company.

Taconic
Lumber
Company.

Stuart H.
Morgan.

Martin
Morrissey.

Earle C.
Dodds.

Acts, 1923. — Chap. 126.

Whitcher's

Attorney
General's
Department.

Item

235f For Whitcher's garage of the town of Chester, for
repair of damage done to car owned by M. W.
Terrill by an automobile operated by a state em-
ployee, the sum of five dollars and sixty cents . $5 60

Total $6,963 53

Service of the Attorney General's Department.

236 For the salary of the attorney general, the sum of

eight thousand dollars . . . . . $8,000 00

237 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 thou-
sand doUars 82,000 00

238 For services other than personal, traveling expenses,

office supplies and equipment, a sum not exceeding

twelve thousand dollars 12,000 00

Total $102,000 00

Department of 239
Agriculture.

240
241
242

243
244

245
246

247

248

249

250
251

252
253

Division of
Agricultural
Information.

Division of
Dairying and
Animal Hus-
bandry.

Division of
Plant Pest
Control.

Division of

Ornithology.

Service of the Department of Agriculture.

For the salary of the commissioner, a smn not exceed-
ing five thousand dollars .....

For personal services of clerks and stenographers, a
sum not exceeding thirteen thousand dollars

For traveling expenses of the commissioner, a simi
not exceeding seven hundred and fifty dollars

For services other than personal, printing the annual
report, office supplies and equipment, and printing
and furnishing trespass posters, a sum not exceed-
ing sixty-three hundred dollars ....

For compensation and expenses of members of the
advisory board, a smn not exceeding twenty-two
hundred dollars ......

For services and expenses of apiary inspection, a sum
not exceeding twenty-five hundred dollars .

Division of Agricultural Information:
For personal services, a sima not exceeding sixty-five

hundred dollars ......

For other expenses and for disseminating useful

information in agriculture, a sum not exceeding

seventy-two hundred dollars ....

Division of Dairying and Animal Husbandry:
For personal services, a simi not exceeding nine thou-
sand dollars .......

For other expenses, including the enforcement of the
dairy laws of the commonwealth, a sum not ex-
ceeding forty-eight hundred dollars
For expenses of demonstration sheep farms, a sum
not exceeding forty-three hundred dollars .

Division of Plant Pest Control:

For personal services, a sum not exceeding ten thou-
sand seven hundred dollars ....

For other expenses, a sum not exceeding sixty-three
hundred dollars ......

Division of Ornithology:
For personal services, a sum not exceeding forty-five

hundred dollars ......

For other expenses, a sum not exceeding five hundred

dollars ........

$5,000 00

13,000 00

750 00

6,300 00

2,200 00
2,500 00

6,500 00
7,200 00

9,000 00

4,800 00

4,300 00

10,700 00

6,300 00

4,500 00

500 00

Acts, 1923. — Chap. 126.

Item

254
255

256
257
258

Division of Markets:
For personal services, a sum not exceeding sixteen

thousand two hundred dollars ....
For other expenses, a sum not exceeding fifty-six

hundred dollars ......

Division of Reclamation, Soil Survey and Fairs:
For personal services, a sum not exceeding twelve
thousand five hundred dollars ....
For travel and other expenses, a sum not exceeding

fifty-eight hundred and fifty dollars .
For state prizes and agricultural exhibits, a sum not
exceeding twenty-eight thousand dollars, the same
to be in addition to any amount heretofore appro-
priated for this purpose, and any unexpended
balance remaining at the end of the current fiscal
year may be used in the succeeding year

Specials :

259 For work in protecting the pine trees of the common-

wealth from white pine blister rust, a sum not ex-
ceeding eighteen thousand dollars, the same to be
expended in co-operation with the federal au-
thorities ........

259| For quarantine and other expenses in connection
with the work of suppression of the European
corn-borer, so called, a sum not exceeding fifteen
thousand dollars ......

260 For payments of claims on account of currant and

raspberry bushes destroyed in the work of sup-
pressing white pine blister rust, a sum not exceed-
ing one hundred dollars .....

Total

Division of
$16,200 00 Markets.

5,600 00

Division of
12,500 00 Reclamation,
Soil Survey

5,850 00 ^'^''^'^^"•

28,000 00

Department of

Agriculture.

Specials.

18,000 00

15,000 00

100 00
$184,800 00

Service of the Drainage Board.

261 For expenses of the board, a sum not exceeding Drainage

twenty-two hundred dollars .... $2,200 00 Board.

Service of the Department of Conservation.

Administration :

262 For the salary of the commissioner, a sum not exceed-

ing five thousand dollars .....

263 For traveling expenses of the commissioner, a sum

not exceeding two hundred and fifty dollars

Total

Division of Forestry:

264 For personal services of office assistants, a sum not

exceeding ten thousand six hundred dollars

265 For services other than personal, including printing

the annual report, and for traveling expenses,
necessary office supplies and equipment, a sum not
exceeding sixty-seven hundred dollars

266 For the salaries and expenses of foresters and neces-

sary labor, supplies and equipment in maintaining
forest tree nurseries, a sum not exceeding thirteen
thousand five hundred dollars ....

267 For the purchase of land and reforesting the same, as

authorized by section ten of chapter one hundred
and thirty-two of the General Laws, as amended,
a sum not exceeding ten thousand dollars .

Department of
) 000 00 Conservation.

250 00

$5,250 00

Division of
$10,600 00 Forestry.

6,700 00

13,500 00

10,000 00

Acts, 1923. —Chap. 126.

Division of
Forestry, etc.

Item

268

269

270

271

272

273

274
275

For aiding towns in the purchase of equipment for
extinguishing forest fires and for making protective
belts or zones as a defence against forest fires, for
the present year and previous years, a sum not ex-
ceeding two thousand dollars .... S2,000 00

For the personal services of the state fire warden
and his assistants, and for other services, including
traveling expenses of the state fire warden and
his assistants, necessary supplies and equipment
and materials used in new construction in the
forest fire prevention service, a sum not exceeding
forty-eight thousand dollars, the same to be in
addition to any funds allotted to Massachusetts
by the federal authorities 48,000 00

For the suppression of the gypsy and brown tail
moths, and for expenses incidental thereto, a siun
not exceeding one hundred thirty thousand dol-
lars 130,000 00

For the planting and maintenance of state forests,
a sum not exceeding twenty-five thousand dol-
lars 25,000 00

For the purchase and development of state forests,
and for the maintenance of nurseries for the grow-
ing of seedlings for the planting of state forests,
as authorized by section thirtj^-six of chapter one
hundred and thirty-two of the General Laws, a
sum not exceeding one hundred fifty 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 . . . . . . . . 150,000 00

For the maintenance of the Standish monument
reservation, a sum not exceeding fifteen hundred
dollars 1,500 00

For the maintenance of Mount Grace state forest, a

sum not exceeding one thousand dollars . . 1,000 00

For reimbursement to certain towns, as authorized
by section twenty-four of chapter forty-eight of
the General Laws, a sum not exceeding one thou-
sand dollars 1,000 00

Total $399,300 00

276

277

(This item omitted.)
(This item omitted.)

Division of
Fisheries and
Game.

Division of Fisheries and Game:

278 For the salary of the director, a sum not exceeding

four thousand dollars $4,000 00

279 For personal service of office assistants, a sum not

exceeding eighty-seven hundred dollars . . 8,700 00

280 For services other than personal, including printing

the annual report, traveling expenses and necessary
office supplies and equipment, a suin not exceeding
twelve thousand eight hundred dollars . . 12,800 00

281 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 ex-
ceeding one thousand dollars .... 1,000 00

Enforcement of
laws.

Enforcement of laws :
282 For personal services of fish and game wardens, a
sum not exceeding fifty-eight thousand nine hun-
dred dollars .......

58,900 00

Acts, 1923. — Chap. 126. •

Item
283

284
285

286

287

288

289

290

291
292

293

294

295

For traveling expenses of fish and game wardens, and
for other expenses necessary for the enforcement
of the laws, a sum not exceeding twenty-four
thousand three hundred dollars ....

Biological work:

For personal services to carry on biological work, a
sum not exceeding forty-four hundred dollars

For traveling and other expenses of the biologist
and his assistants, a sum not exceeding twenty-
four hundred dollars .....

Propagation of game birds, etc.:
For the maintenance of game farms and fish hatch-
eries, and for the propagation of game birds and
animals and food fish, a sum not exceeding eighty-
five thousand dollars .....

Marine fisheries:

For personal services for regulating the sale and cold
storage of fresh food fish, a sum not exceeding
seventy-six hundred dollars ....

For other expenses for regulating the sale and cold
storage of fresh food fish, a sum not exceeding
eighteen hundred dollars .....

Total

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 exceed-
ing five hundred dollars .....

At the Palmer hatchery, a sum not exceeding five
hundred dollars ......

(This item omitted.)

At the Sandwich fish hatchery, a sum not exceeding
fifteen hundred dollars .....

At the Sandwich bird farm, a sum not exceeding
fifteen hundred dollars .....

At the Wilbraham game farm, a sum not exceeding
seven hundred and fifty dollars ....

Total

Damages by wild deer and wild moose:
For the payment of damages caused by wild deer
and wild moose, for the present year and previous
years, as provided by law, a sum not exceeding
five thousand dollars .....

Bounty on seals :

296 For bounties on seals, a sum not exceeding one hun-

dred dollars .......

Division of Animal Industry:

297 For the salary of the director, a sum not exceeding

thirty-five hundred dollars ....

298 For personal services of clerks and stenographers, a

sum not exceeding ninety- three hundred dollars

299 For services other than personal, including printing

the annual report, traveling expenses of the di-
rector, and office supplies and equipment, a sum
not exceeding sixty-two hundred dollars

300 For personal services of veterinarians and agents

engaged in the work of extennination of contagious
diseases among domestic animals, a sum not ex-
ceeding forty-eight thousand dollars .

Enforcement
of laws.

$24,300 00

4,400 00

Biological work.

2,400 00

Propagation of
game birds,
etc.

85,000 00

7,600 00

Marine
fisheries.

1,800 00

$210,900 00

$500 00

For certain
improvements.

500 00

1,500 00

750 00

$4,750 00

Damages by
wild deer and
wild moose.

$5,000 00

$100 00

Bounty on
seals.

$3,500 00

Division of
Animal In-
dustry.

9,300 00

6,200 00

48,000 00

Acts, 1923. — Chap. 126.

Division of

Animal

Industry.

Item
301

302

303

For the traveling expenses of veterinarians and
agents, a sum not exceeding twenty-three thousand
dollars $23,000 00

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 burial, quaran-
tine and emergency services, and for laboratory
and veterinary supplies and equipment, a sum
not exceeding thirty-two thousand dollars . . 32,000 00

For reimbursement of owners of certain cattle killed
in accordance with agreements made under au-
thority of section thirty-three of chapter one
hundred and twenty-nine of the General Laws, as
amended by section three of chapter three hundred
and fifty-three of the acts of nineteen hundred
and twenty-two, a sum not exceeding one hundred
thousand dollars 100,000 00

Total S222,000 00

Reimbursement 304
of towns for
Inspectors
of Animals.

Reimbursement of towns for Inspectors of
Animals :
For the reimbursement of certain towns for compen-
sation paid to inspectors of animals, a sum not ex-
ceeding seven thousand dollars ....

$7,000 00

Department of
Banking and
Insurance.
Division of
Banks and
Loan Agencies.

Service of the Department of Banking and
Insurance.

Division of Banks and Loan Agencies:

305 For salary of the commissioner, the sum of six thou-

sand dollars $6,000 00

306 For services of deputy, directors, examiners and as-

sistants, clerks, stenographers and experts, a sum

not exceeding two hundred sixty thousand dollars 260,000 00

307 For services other than personal, printing the annual

report, traveling expenses, office supplies and
equipment, a sum not exceeding ninety-two thou-
sand dollars 92,000 00

Total $358,000 00

Supervisor of 308
Loan Agencies.

309

Supervisor of Loan Agencies:
For personal services of supervisor and assistants,

a sum not exceeding seventy-six hundred dollars . $7,600 00
For services other than personal, printing the annual

report, office supplies and equipment, a srnn not

exceeding eight hundred dollars . . . 800 00

Total $8,400 00

Registration of
Public Ac-
countants.

Registration of Public Accountants:
310 For examinations and registration of public ac-
countants, including personal services of exami-
ners, other services and necessary supplies and
equipment, the said expenses to be incurred
under the direction and with the approval of the
commissioner of banks, a sum not exceeding two
thousand dollars ......

2,000 00

Division of
Insurance.

Division of Insurance:
311 For salary of the commissioner, a sum not exceeding
six thousand dollars ......

5,000 00

Acts, 1923. —Chap. 126.

Item
312

313

314

315

316
317

318

For other personal services of the division, a sum
not exceeding ninety-one thousand five hundred
dollars ........

For other services, including printing the annual re-
port, traveling expenses, and necessary office
supplies and equipment, a sum not exceeding
twenty-five thousand nine hundred dollars .

Total

Board of Appeal on Fire Insurance Rates:
For expenses of the board, a sum not exceeding two
hundred dollars ......

Division of Savings Banks Life Insurance :

For personal services of ofiicers and employees, a
sum not exceeding twenty thousand eight hundred
dollars ........

For publicity, including traveling expenses of one
person, a sum not exceeding two thousand dollars

For services other than personal, printing the annual
report and traveling expenses, office supplies and
equipment, a sum not exceeding fifty-eight hun-
dred dollars .......

For encouraging and promoting old age annuities and
the organization of mutual benefit associations
among the employees of industrial plants in the
commonwealth, a sum not exceeding three thou-
sand and sixty dollars .....

Total

Division of
Insurance.

$91,500 00

25,900 00
$123,400 00

Board of

$20ooof;f3P-',-F-

Rates.

$20,800 00
2,000 00

5,800 00

3,060 00
$31,660 00

Division of
Savings
Banks Life In-

Service of the Department of Corporations and
Taxation.

319 For the salary of the commissioner, a sum not ex-

ceeding sixty-five hundred dollars

320 For the salaries of certain positions filled by the

commissioner, with the approval of the governor
and council, and for additional clerical and other
assistance, a sum not exceeding one hundred forty-
seven thousand dollars .....

321 For traveUng expenses, a sum not exceeding sixty-

five hundred dollars . . . . . .

322 For other services and for necessary office supplies

and equipment, and for printing the annual re-
port, other publications and valuation books, a
sum not exceeding twenty-eight thousand four
hundred dollars ......

Total

Income Tax Division (the following appropriations
are to be made from the receipts from the
income tax) :

323 For personal services of the deputy, assistants, as-

sessors, assistant assessors, clerks, stenographers
and other necessary assistants, a sum not exceed-
ing three hundred seventeen thousand dollars

324 For traveling expenses of members of the division,

a sum not exceeding nine thousand dollars .

325 For services other than personal, and for office sup-

plies and equipment, a svun not exceeding one
hundred twenty-eight thousand dollars

Total

Department of
3,500 00 Corporations
and Taxation.

147,000 00
6,500 00

28,400 00
$188,400 00

Income Tax
Division.

$317,000 00
9,000 00

128,000 00

,000 00

Acts, 1923. — Chap. 126.

Division of
Accounts.

Item

326
327
328

329

Division of Accounts :

For personal services, a sum not exceeding forty-
seven thousand dollars ..... $47,000 00

For other expenses, a sum not exceeding twelve

thousand five hundred and fifty dollars . . 12,550 00

For services and expenses of auditing and installing
municipal accounts, the cost of which is to be as-
sessed upon the municipalities for which the work
is done, a sum not exceeding sixty thousand dol-
lars 60,000 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 system
of accounts, a sum not exceeding eight thousand
dollars 8,000 00

Total $127,550 00

Reimbursement 330
to cities and
towns for loss
of certain taxes.

Reimbursement for loss of taxes:
For reimbursing cities and towns for loss of taxes on
land used for state institutions, as certified by the
commissioner of corporations and taxation, for
the fiscal year ending November thirtieth, nine-
teen hundred and t\\'enty-three, a sum not ex-
ceeding eighty-eight thousand dollars

$88,000 00

Department of
Education.

Service of the Department of Education.

331 For the salary of the commissioner, a sum not ex-

ceeding nine thousand dollars .... $9,000 00

332 For personal services of officers, agents, clerks,

stenographers and other assistants, but not in-
cluding those employed in university extension
work, a sum not exceeding seventy-nine thousand
three hundred dollars . . . . . 79,300 00

333 For traveling expenses of members of the advisory

board and of agents and employees when required
to travel in discharge of their duties, a sum not ex-
ceeding ninety-five hundred dollars . . . 9,500 00

334 For services other than personal, necessary office

supplies, and for printing the annual report and
bulletins as provided by law, a sum not exceeding
sixteen thousand three hundred dollars . . 16,300 00

335 For expenses incidental to furnishing school com-

mittees with rules for testing the sight and hearing
of pupils, a sum not exceeding eight hundred dol-
lars 800 00

336 For printing school registers and other school blanks

for cities and towns, a sum not exceeding five

thousand dollars . . . . . . 5,000 00

337 For assisting small towns in providing themselves

with school superintendents, as provided by law,
a sum not exceeding one hundred five thousand
dollars 105,000 00

338 For the reimbursement of certain towns for the pay-

ment of tuition of pupils attending high schools
outside the towns in which they reside, as pro-
vided by law, a sum not exceeding one hundred
fifty-two thousand three hundred dollars . . 152,300 00

339 For the reimbursement of certain towns for the

transportation of pupils attending high schools
outside the towns in which they reside, as provided
by law, a sum not exceeding ninety-two thousand
nine hundred dollars 92,900 00

Acts, 1923. —Chap. 126.

Item
340

341

342

343
344

345

346
347

348

349
350

351
352

353

354

For the rcinibursomcnt of {'.crtain cities and towns
for a part of the expense of maintaining agri-
cultural and industrial vocational schools, as pro-
vided by law, a sum not exceeding one million
seventy-eight thousand six hundred fifty-three
dollars and sixty-six cents ....

For the promotion of vocational rehabilitation and
co-operation with the federal government, with
the approval of the department of education, a
sum not exceeding fifteen thousand dollars .

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 twenty-four
thousand three hundred dollars ....

For expenses of holding teachers' institutes, a sum
not exceeding two thousand dollars

For aid to certain pupils in normal schools under the
direction of the department of education, a sum
not exceeding four thousand dollars .

For the training of teachers for vocational schools
to comply with the requirements of federal au-
thorities under the provisions of the Smith-Hughes
act, so called, a sum not exceeding thirty thousand
eight hundred and twenty-five dollars

Total

English Speaking Classes for Adults:

For personal services of administration, a sum not
exceeding ten thousand six hundred dollars

For other expenses of administration, a sum not ex-
ceeding seventy-three hundred dollars

For reimbursement of certain cities and towns, a
sum not exceeding one hundred fifty thousand
dollars ........

Total

University Extension Courses:

For personal services, a sum not exceeding one hun-
dred forty-one thousand dollars

For other expenses, a sum not exceeding fifty-one
thousand dollars ......

Total

Division of Immigration and Americanization:
For personal services, a sum not exceeding thirty-
five thousand six hundred dollars
For other expenses, a sum not exceeding ninety-
seven hundred dollars .....

Total . •

Division of Public Libraries:

For personal services of regular agents and office
assistants, a sum not exceeding ten thousand dol-
lars ........

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 thirteen thousand
seven hundred and ninety dollars

Dopartinent
of Education.

$1,078,653 66

15,000 00

324,300 00
2,000 00

4,000 00

30,825 00
$1,924,878 66

English Speak-
$10,600 00 ing Classes for
Adults.

7,300 00

150,000 00

$167,900 00

University
$141,000 00 Extension
Courses.

51,000 00

$192,000 00

Division of
$35,600 00 Immigration
and Ameri-

9,700 00 ^^""^''°"-

$45,300 00

$10,000 00

Division of
Public Li-
braries.

13,790 00

Total

$23,790 00

Acts, 1923. —Chap. 126.

Division of
the Blind.

Item

355

356

357

358

359

Division of the Blind:

For general administration, furnishing information,
industrial and educational aid, and for carrying
out the other provisions of the laws establishing
said division, a sum not exceeding sixty-nine thou-
sand dollars S69,000 00

For maintenance of industries under the control of
said division, a sum not exceeding seventy thou-
sand dollars, the same to be in addition to the
income collected by the division from sales of
products . . . . . . . 70,000 00

For instruction of the adult blind in their homes, a

sum not exceeding ninety-eight hundred dollars . 9,800 00

For expenses of providing sight-saving classes, with
the approval of the division of the blind, a sum
not exceeding twelve thousand six hundred dol-
lars 12,600 00

For aiding the adult blind, subject to the conditions
provided by law, a sum not exceeding ninety-
three thousand dollars 93,000 00

Total $254,400 00

Teachers'

Retirement

Board.

Teachers' Retirement Board:

360 For personal services of employees, a sum not ex-

ceeding eighty-five hundred dollars . . . S8,500 00

361 For services other than personal, including printing

the annual report, traveling expenses and office
supplies and equipment, a sum not exceeding
nineteen hundred dollars ..... 1,900 00

362 For payment of pensions to retired teachers, a sum

not exceeding two hundred ninety thousand dol-
lars 290,000 00

363 For reimbursement of certain cities and towns for

pensions to retired teachers, a sum not exceedmg
seventy-three thousand forty-nine dollars and nine
cents 73,049 09

Total $373,449 09

Massachusetts

Nautical

School.

Massachusetts Nautical School:

364 For personal services of the secretary and office as-

sistants, a sum not exceeding four thousand dol-
lars .-.•.• $4,000 00

365 For services other than regular clerical services, in-

cluding printing the annual report, rent, office
supplies and equipment, a sum not exceeding
twenty-six hundred dollars . . _ . . 2,600 00

366 For the maintenance of the school and ship, a sum

not exceeding eighty-six thousand dollars . . 86,000 00

Total $92,600 00

Massachusetts

Agricultural

College.

Massachusetts Agricultural College:

367 For maintenance and current expenses, a sum not

exceeding eight hundred seventy-six thousand

nine hundred and fifty dollars . . . . $876,950 00

368 For the construction of a building for a chemical

laboratory, including the expense of all pipe lines
and other service connections and equipment and
furnishings, a sum not exceeding one hundred
fifty thousand dollars, the same to be in addition
to the amount appropriated in nineteen hundred
and twenty-two 150,000 00

Acts, 1923. — Chap. 126. 99

Item

369 For further improvements at Tillson farm, a sum not Massachtisctta

exceeding five thousand dollars .... $5,000 00 cSllego^"'"'''

370 For the improvement of roads, the work to be done

under the supervision of the highway division of
the department of public works, a sum not ex-
ceeding eight thousand dollars .... 8,000 00

371 For tool sheds and garage for the division of horti-

culture, a sum not exceeding six thousand dollars . 6,000 00

372 For the replacement of live stock, a sum not exceed-

ing five thousand dollars ..... 5,000 00

372j For new walks, a sura not exceeding twenty-five

hundred dollars 2,500 00

372^ For replacing tenement house, destroyed by fire, a

sum not exceeding eight thousand dollars . . 8,000 00

Total $1,061,450 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:

373 Bridgewater normal school, a sum not exceeding one Maintenance

hundred twenty-eight thousand and sixty-five of state normal

dollars $128,065 00 '''^°°''-

374 Bridgewater normal school boarding hall, a sum not

exceeding eighty-one thousand dollars . . 81,000 00

375 Fitchburg normal school, a sum not exceeding one

hundred forty-one thousand five hundred and

fifty dollars 141,550 00

376 Fitchburg normal school boarding hall, a sum not

exceeding forty-one thousand two hundred and

forty dollars 41,240 00

377 Framingham normal school, a sum not exceeding

one hundred thirty-six thousand three hundred

and ninety dollars 136,390 00

378 Framingham normal school boarding hall, a sum not

exceeding one hundred thousand two hundred

and seventy-five dollars ..... 100,275 00

379 For the purchase of land for the Framingham normal

school, a sum not exceeding seventy-five hundred

dollars 7,500 00

380 Hyannis normal school, a sum not exceeding forty-

eight thousand eight hundred dollars . . . 48,800 00

381 Hyannis normal school boarding hall, a sum not ex-

ceeding twenty-nine thousand eight hundred dol-
lars 29,800 00

382 Lowell normal school, a sum not exceeding fiifty-nine

thousand five hundred dollars .... 59,500 00

383 North Adams normal school, a sum not exceeding

sixty-eight thousand two hundred dollars . . 68,200 00

384 North Adams normal school boarding hall, a sum

not exceeding thirty-five thousand four hundred

dollars 35,400 00

385 Salem normal school, a sum not exceeding one hun-

dred seventeen thousand three hundred and

thirty-five dollars 117,335 00

386 Westfield normal school, a sum not exceeding sixty-

seven thousand eight hundred and forty-five dol-
lars 67,845 00

387 Westfield normal school boarding hall, a sum not

exceeding twenty-five thousand three hundred

dollars 25,300 00

388 Worcester normal school, a sum not exceeding

seventy thousand six hundred dollars . . 70,600 00

100

Acts, 1923. —Chap. 126.

Maintenance
of state normal
schools.

Bradford
Durfee textile
school of Fall
River.

Lowell textile
school.

New Bedford
textile school.

Item

389
390

391

392

393

394

Department of
Civil Service
and Registra-
tion.

395

Division of 396

Civil Service.

397

398

399

Division of
Registration.

400
401

Worcester normal school boarding hall, a sum not
exceeding eighty-four hundred and forty-five
dollars . . $8,445 00

Normal art school, a sum not exceeding eighty-one

thousand four hundred and seventy-five dollars . 81,475 00

Total $1,248,720 00

Textile schools:

For the maintenance of the Bradford Durfee textile
school of Fall River, a sum not exceeding sixty-
five thousand one hundred dollars, of which sum
ten thousand 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 .... $65,100 00

For the maintenance of the Lowell textile school, a
sum not exceeding one hundred seventy-one thou-
sand eight hundred and twenty-five dollars, of
which sum ten thousand dollars is to be con-
tributed by the city of Lowell, and the city of
Lowell is hereby authorized to raise by taxation
the said sum of ten thousand dollars . . . 171,825 00

For the maintenance of the New Bedford textile
school, a sum not exceeding seventy-six thousand
four hundred and fifty 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 taxation the said
sum of ten thousand dollars .... 76,450 00

For new equipment and service connections for the
New Bedford textile school, a sum not exceeding
twelve thousand five hundred dollars . . . 12,500 00

Total $325,875 00

Service of the Department of Civil Service and
Registration.

For personal services of telephone operator for the
department, a sum not exceeding seven hundred
and fifty dollars $750 00

Division of Civil Service:

For the salaries of the commissioner and associate
commissioners, a sum not exceeding nine thousand
dollars $9,000 00

For other personal services of the division, a sum not

exceeding seventy-five thousand dollars . . 75,000 00

For other services and for printing the annual report,
and for office supplies and equipment, a sum not
exceeding thirty-two thousand dollars . . 32,000 00

For services and traveling expenses in conducting
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 $117,000 00

Division of Registration:
For the salary of the director, a sum not exceeding

fifteen hundred dollars . . . . . $1,500 00

For expenses of the director, a sum not exceeding

fourteen hundred and forty-five dollars . . 1,445 00

Total

$2,945 00

Acts, 1923. —Chap. 126.

101

Item
402
403

404

405

Board of Registration in Medicine:
For services of the members of the board, a sum not

exceeding forty-three hundred dollars
For services of office assistants, a sum not exceeding

two thousand dollars .....

For personal services of members of the board and

examiners for the registration of chiropodists, a

sum not exceeding six hundred dollars
For services other than personal, including printing

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 Registration in
' Medicine.

2,000 00
600 00

3,000 00
S9,900 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 annual

report, and for rent, traveling expenses, office
supplies and equipment, a sum not exceeding
twenty-five hundred dollars ....

Total

Board of Registration in Pharmacy:

408 For personal services of members of the board, a

sum not exceeding thirty-eight hundred dollars .

409 For services of the agent and office assistants, a sum

not exceeding forty-four hundred and forty dol-
lars . .

410 For services other than personal, printing the annual

report, traveling expenses, office supplies and
equipment, a sum not exceeding forty-six hundred
dollars ........

Total

Board of Registration of Nurses:

411 For services of members of the board, a sum not ex-

ceeding 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

Total

Board of Registration in Embalming:

414 For compensation of members of the board and

services of their clerk, a sum not exceeding fourteen
hundred dollars ......

415 For services other than personal, including traveling

expenses, supplies and office equipment, a sum
not exceeding fifteen hundred dollars .

Total

Board of Registration in Optometry:

416 For personal services of members of the board, a sum

not exceeding nineteen hundred dollars

417 For clerical services, a sum not exceeding fifty dol-

lars ........

$3,500 00

Board of
Dental Ex-
aminers.

2,500 00
$6,000 00

Board of
5,800 00 Registration
in Pharmacy.

4,440 00

4,600 00

$12,840 00

Board of
J, 100 00 Registration of

Nurses.

1,500 00

2,125 00
$5,725 00

$1,400 00

1,500 00
$2,900 00

$1,900 00 Board of

Registration
50 00 '" Optometry.

Board of
Registration in
Embalming.

102

Acts, 1923. —Chap. 126.

Board of
Registration
in Optometry.

Item

418

For other services, printing the annual report, office
suppUes and equipment, and traveling expenses
of the members of the board, a sum not exceeding
one thousand dollars ..... $1,000 00

Total $2,950 00

Board of _ 419

Registration in
Veterinary
Medicine. 420

State Exam-
iners of Elec-
tricians.

421

422

Board of Registration in Veterinary Medicine:
For services of the members of the board and secre-
tary, a sum not exceeding six hundred dollars . $600 00
For other services, printing the annual report,
traveling expenses, office supplies and equipment,
a sum not exceeding four hundred dollars . . 400 00

Total $1,000 00

State Examiners of Electricians:

For personal services of the secretary and assistants,

a siun not exceeding fifty-two hundred dollars . $5,200 00

For other expenses, including printing the annual
report, traveling expenses, office supplies and
equipment, a sum not exceeding three thousand
dollars 3,000 00

Total $8,200 00

Department of

Industrial

Accidents.

Service of the Department of Industrial Accidents.

423 For personal services of members of the board, a

sum not exceeding thirty-five thousand five hun-
dred dollars . . . . . . . $35,500 00

424 For personal services of secretaries, medical .adviser,

inspectors, clerks and office assistants, a sum not
exceeding one hundred one thousand five hundred
dollars . . . ... . . 101,500 00

425 For expenses of impartial examinations, a sum not

exceeding eighteen thousand dollars . . . 18,000 00

426 For traveUng expenses, a sum not exceeding seven

thousand dollars 7,000 00

427 For other services, printing the annual report, neces-

sary office supplies and equipment, a sum not ex-
ceeding fourteen thousand five hundred dollars . 14,500 00

Total .

$176,500 00

Department of
Labor and
Industries.

Service of the Department of Labor and Industries.

428 For salary of the commissioner, assistant and asso-

ciate commissioners, a sum not exceeding twenty

thousand five hundred dollars .... $20,500 00

429 For clerical and other assistance to the commissioner,

a sum not exceeding forty-six hundred and eighty

dollars . . . ... . . 4,680 00

430 For personal services for the inspectional service, a

sum not exceeding one hundred three thousand

six hundred dollars . . . . . . 103,600 00

431 For personal services for the statistical service, a sum

not exceeding thirty-six thousand six hundred

dollars 36,600 00

432 For clerical and other personal services for the

operation of free employment offices, a sum not

exceeding forty-seven thousand dollars . . 47,000 00

Acts, 1923. —Chap. 126.

103

Item

433 For clerical and other assistance for the board of

conciliation and arbitration, a sum not exceeding
sixteen thousand dollars .....

434 For personal services of investigators, clerks and

stenographers for the minimum wage service, a
sum not exceeding twelve thousand dollars

435 For compensation and expenses of wage boards, a

sum not exceeding thirty-two hundred and fifty
dollars ........

436 For personal services for the division of standards,

a sum not exceeding twenty-two thousand six
hundred and fifty dollars .....

437 For personal services of inspectors in surveying

lumber, a sum not exceeding twenty-six thousand
two hundred dollars .....

438 For traveling expenses of the commissioner, assistant

commissioner, associate commissioners and in-
spectors of labor, a sum not exceeding fifteen
thousand dollars ......

439 For services other than personal, printing the annual

report, rent of district offices, and office supplies
and equipment for the inspectional service, a sum
not exceeding thirteen thousand five hundred dol-
lars ........

440 For services other than personal, printing reports

and publications, traveling expenses and office
supplies and equipment for the statistical service,
a sum not exceeding thirteen thousand dollars

441 For rent, necessary office supplies and equipment

for the free employment offices, a sum not exceed-
ing sixteen thousand six hundred dollars

442 For other services, printing, traveling expenses and

office supplies and equipment for the board of
conciliation and arbitration, a sum not exceeding
fifty-five hundred dollars .....

443 For services other than personal, printing, traveUng

expenses and office supplies and equipment for
minimimi wage service, a sum not exceeding three
thousand dollars ......

444 For other services, printing, traveling expenses and

office supplies and equipment for the division of
standards, a sum not exceeding eleven thousand
eight himdred and twenty-five dollars

445 For travel and expenses of the inspectors in surveying

lumber, a sum not exceeding thirty-five hundred
and seventy-five dollars .....

Total

Commission on Foreign and Domestic Commerce :

446 For personal services of employees of the commis-

sion, a sum not exceeding thirty-five hundred
dollars ........

447 For other expenses of the commission, a sum not ex-

ceeding fifteen hundred dollars ....

Total

Department
of Labor and
Industries.

$16,000 00

12,000 00

3,250 00

22,650 00

26,200 00

15,000 00

13,500 00

13,000 00
16,600 00

5,500 00

3,000 00

11,825 00

3,575 00
$374,480 00

Commission on
Foreign and

$3,500 00 ^ZT^'" ^*"°'

1,500 00
$5,000 00

Service of the Department of Mental Diseases.

448 For the salary of the commissioner, a sum not ex-

ceeding nine thousand dollars ....

449 For personal services of officers and employees, a

sum not exceeding seventy-seven thousand dol-
lars ........

^„ ^^^ ^r^ Department of
$9,000 00 Mental Dis-
eases.

77,000 00

104

Acts, 1923. —Chap. 126.

Department of
Mental Dis-
eases.

Item

450

451

452

453

454

For transportation and medical examination of state
paupers under its charge for the present year and
previous years, a sum not exceeding fifteen thou-
sand dollars $15,000 00

For the support of insane paupers boarded in families
under its charge, or temporarily absent under au-
thority of the same, for the present year and
previous years, a sum not exceeding sixty-five
hundred dollars 6,500 00

For the support of state paupers in the Hospital
Cottages for Children, a sum not exceeding fifteen
thousand five hundred dollars .... 15,500 00

For the expenses of an investigation as to the nature,
causes, results and treatment of mental diseases
and defects, and the publication of the results
thereof, a sum not exceeding twenty-five thousand
dollars . ... . . . . 25,000 00

For other services, including printing the annual
report, traveling and office supplies and equip-
ment, a sum not exceeding twenty thousand four
hundred dollars 20,400 00

Total $168,400 00

Institutions
under control
of Department
of Mental Dis-
eases.

Boston state
hospital.

Boston

psychopathic

nospital.

Danvers state
hospital.

Foxborough
state hospital.

Gardner state
colony.

For the maintenance of and for certain improve-
ments at the following institutions under
the control of the Department of Mental
Diseases :

455 Boston state hospital, a sum not exceeding seven

hundred thirty-one thousand three hundred

thirty-four dollars and fifty-three cents . . $731,334 53

456 For the construction of a house for superintendent

at the Boston state hospital, a sum not exceeding

fifteen thousand dollars . . . . . 15,000 00

457 Boston psychopathic hospital, a sum not exceeding

one hundred ninety-five thousand eight hundred

forty-five dollars and sixty-five cents . . . 195,845 65

458 Danvers state hospital, a sum not exceeding five hun-

dred eighty-eight thousand eight hundred sixty-
one dollars and fifty-three cents . . . 588,861 53

459 For the construction of a storage house for roots and

vegetables at the Danvers state hospital, a sum

not exceeding six thousand dollars . . . 6,000 00

460 Foxborough state hospital, a sum not exceeding two

hundred ninety-eight thousand seven hundred
twenty-nine dollars and fifty-five cents . . 298,729 55

461 For the construction of an administration, medical

and surgical building at the Foxborough state
hospital, a sum not exceeding one hundred thirty
thousand dollars 130,000 00

462 For furnishings for certain ward buildings at the

Foxborough state hospital, a smn not exceeding

twenty thousand dollars 20,000 00

462j For the purchase of land for the Foxborough state
hospital, a sum not exceeding five thousand dol-
lars 5,000 00

463 Gardner state colony, a sum not exceeding three

hundred fifty thousand four hundred eighty-six

dollars and twelve cents . . . . . 350,486 12

464 For certain alterations in male and female infirmary

buildings at the Gardner state colony, a sum not

exceeding six thousand dollars .... 6,000 00

465 For certain alterations in domestic building at the

Gardner state colony, a sum not exceeding forty-
seven thousand dollars ..... 47,000 00

Acts, 1923. —Chap. 126.

105

Item

466
467
468

469

470

471

472

472^

473

474

4741

475

476

477

478

479

480

481

482

Grafton state hospital, a sum not exceeding five
hundred thirty-three thousand three hundred
twenty-one dollars and three cents

Massachusetts School for the Feeble-Minded, a sum
not exceeding five hundred forty thousand three
hundred eighty-five dollars and eighty-five cents .

For central heating and power plant at the Massa-
chusetts School for the Feeble-Minded, a sum not
exceeding eighty-five thousand dollars, the same
to be in addition to the amount appropriated in
nineteen hundred and twenty-two

For the construction of additional quarters for em-
ployees at the Massachusetts School for the
Feeble-Minded, a sum not exceeding fourteen
thousand dollars, the same to be in addition to the
amount appropriated in nineteen hundred and
twenty-two .......

For furnishings for officers' quarters at the Massa-
chusetts School for the Feeble-Minded, a sum not
exceeding five thousand dollars ....

Medfield state hospital, a sum not exceeding five
hundred sixty-three thousand one hundred sixteen
dollars and fifty-eight cents ....

For the installation of continuous baths at the Med-
field state hospital, a sum not exceeding twenty-
three thousand dollars .....

For the construction and equipment of a hydriatric
room at the Medfield state hospital, a sum not
exceeding eleven thousand nine hundred dollars .

For equipping bathtubs with automatic control
valves at the Medfield state hospital, a sum not
exceeding seventy-five hundred dollars

For the improvement of water supply at the Medfield
state hospital, a sum not exceeding forty-three
hundred dollars ......

For the purchase of land for the Medfield state
hospital, a sum not exceeding three thousand dol-
lars ........

Monson state hospital, a sum not exceeding four
hundred one thousand four hundred ninety-four
dollars and sixty-two cents ....

For the construction of three cottages for married
physicians and officers at the Monson state hos-
pital, a sum not exceeding fifteen thousand dol-
lars ........

For rebuilding ice house at the Monson state hos-
pital, a sum not exceeding two thousand dollars .

Northampton state hospital, a sum not exceeding
three hundred seventy-two thousand five hundred
seventy-five dollars and fifty-one cents

For the construction of two ward buildings for the
Northampton state hospital, at a cost not exceed-
ing two himdred thousand dollars, of which sum
one hundred thousand dollars is hereby appro-
priated in anticipation of a further sum of one
hundred thousand dollars to be appropriated in
the fiscal year nineteen hundred and twenty-four .

For the purchase of the Courtney property for the
Northampton state hospital, a sum not exceeding
four thousand dollars .....

Taunton state hospital, a sum not exceeding five
hundred two thousand three hundred forty-four
dollars and three cents .....

Westborough state hospital, a sum not exceeding
five hundred thirty-two thousand seven hundred
twenty-eight dollars and eighty-eight cents

Grafton state
hospital.

$533,321 03

Massachusetts
School for the
540,385 85 Feeble-Minded.

85,000 00

14,000 00

5,000 00

563,116 58

23,000 00

11,900 00

7,500 00

4,300 00

3,000 00

401,494 62

15,000 00
2,000 00

372,575 51

Medfield state
hospital.

Monson state
hospital.

Northampton
state hospital.

100,000 00

4,000 00

502,344 03

532,728 88

Taunton state
hospital.

Westborough
state hospital.

106

Acts, 1923. — Chap. 126.

Item

Worcester state 483
hospital.

Wrentham state 484
school.

485

486

Belchertown 487

state school.

489

490

490i
4901
491

Worcester state hospital, a sum not exceeding seven
hundred thirty-one thousand four hundred eighty-
nine dollars and thirty-nine cents . . . $731,489 39

Wrentham state school, a sum not exceeding four
hundred forty-five thousand eight hundred seventy
dollars and twenty-eight cents .... 445,870 28

For the building of sewer beds at the Wrentham state
school, a sum not exceeding ten thousand dollars,
the same to be in addition to the amount appro-
priated in nineteen hundred and twenty-two . 10,000 00

For the completion of storehouse at the Wrentham
state school, a sum not exceeding thirty-five thou-
sand dollars 35,000 00

Belchertown state school, a sum not exceeding two
hundred fifty-three thousand seventy-six dollars
and forty-five cents 253,076 45

For building and furnishing two dormitories for em-
ployees at the Belchertown state school, a sum not
exceeding twenty-seven thousand five hundred
dollars, the same to be in addition to the amount
appropriated in nineteen hundred and twenty-
two 27,500 00

For extension of the water system, and for certain
expenses of a sewerage system at the Belchertown
state school, a sum not exceeding thirty-four
thousand eight hundred dollars, the same to be in
addition to the amount appropriated in nineteen
hundred and twenty-two ..... 34,800 00

For certain furnishings and equipment at the Bel-
chertown state school, a smn not exceeding fifty-
nine thousand eight hundred dollars, the same to
be in addition to the amount appropriated in nine-
teen hundred and twenty-two .... 59,800 00

For the construction of tunnel, conduits and service
line extensions at the Belchertown state school, a
sum not exceeding thirty-seven thousand dollars . 37,000 00

For the construction of electric service Unes at the
Belchertown state school, a sum not exceeding
sixty-six hundred and fifty dollars . . . 6,650 00

For remodeling and furnishing employees' cottages
at the Belchertown state school, a siun not exceed-
ing fourteen thousand dollars .... 14,000 00

Total $7,770,110 00

Department of
Correction.

Service of the Department of Correction.

492 For the salary of the commissioner, a siun not exceed-

ing six thousand dollars ..... $6,000 00

493 For personal services of deputies, members of the

board of parole and advisory board of pardons,
agents, clerks and stenographers, a sum not ex-
ceeding fifty-four thousand dollars . . . 54,000 00

494 For services other than personal, including printing

the annual report, necessary oflBce supplies and
equipment, a sum not exceeding sixty-two hun-
dred dollars 6,200 00

495 For traveling expenses of officers and employees of

the department when required to travel in the
discharge of their duties, a sum not exceeding ten
thousand dollars 10,000 00

496 For the removal of prisoners to and from state insti-

tutions, a sum not exceeding seven thousand dol-
lars 7,000 00

Acts, 1923. —Chap. 126.

107

Item
497

498

499

500

501

502
502^

503

504
505

506

507

508
509

510

511

512
513

For assistance to prisoners discharged from the
state prison, Massachusetts reformatory, prison
camp and hospital and state farm, and to dis-
charged female prisoners, a sum not exceeding
eleven thousand dollars ..... $11,000 00

For services of guards and for the purchase of equip-
ment needed for the employment of prisoners, as
defined in section eighty-two of chapter one hun-
dred and twenty-seven of the General Laws, a
sum not exceeding seven thousand dollars . . 7,000 00

For the relief of the families or dependents of inmates
of state penal institutions, a sum not exceeding
five hundred dollars ...... 500 00

For such expenses incidental to the holding of a
prison congress in Boston as may be approved by
the governor and council, a sum not exceeding
one thousand dollars ..... 1,000 00

Total $102,700 00

For the maintenance of and for certain improve-
ments at the following institutions under
the control of the Department of Correction:

State farm, a sum not exceeding four hundred thirty-
five thousand and fifty dollars .... $435,050 00

State prison, a smn not exceeding two hundred

eighty-five thousand two hundred dollars . . 285,200 00

There is hereby reserved for carrying out the recom-
mendations of the governor, relative to an in-
vestigation and report to the general court in
nineteen hundred and twenty-four concerning a
site for the relocation of the state prison, and of
the expense involved, the sum of ten thousand
dollars ........

Massachusetts reformatory, a simi not exceeding
three hundred thirty-two thousand eight hundred
and ten dollars ......

Prison camp and hospital, a smn not exceeding
seventy-three thousand six hundred dollars

Reformatory for women, a sum not exceeding one
hundred fifty-eight thousand eight hundred and
twenty dollars ......

For the town of Framingham, according to a con-
tract for sewage disposal at the reformatory for
women, the sum of six hundred dollars

For the installation of sprinkler equipment at the
reformatory for women, a sum not exceeding fif-
teen thousand dollars ..... 15,000 00

For electric wiring at the reformatory for women, a

sum not exceeding fifteen thousand dollars . . 15,000 00

For certain building changes at the reformatory for
women, a simi not exceeding thirty-three thousand
dollars 33,000 00

For certain changes in piping at the reformatory for
women, a sima not exceeding five thousand dol-
lars . . 5,000 00

For certain kitchen equipment at the reformatory
for women, a sum not exceeding ninety-five hun-
dred dollars 9,500 00

(This number omitted.)

For expense of installing a new system of locks and
keys at the reformatory for women, a sum not ex-
ceeding six thousand dollars .... 6,000 00

Department
of Correction.

Institutions
under control
of Department
of Correction.
State farm.

State prison.

10,000 00

Massachusetts
reformatory.

332,810 00

Prison camp
73,600 00 and hospital.

Reformatory
for women.

158,820 00

600 00

Total

$1,379,580 00

108

Acts, 1923. —Chap. 126.

Department
of Public
Welfare.

Item

514
515

516

Division of Aid 517
and Relief.

518

519

Reimbursement 520
of cities and
towns for pay-
ment of certain
aid, etc.

521

522

523

524

Division of
Child Guard-
ianship.

525

526

527

Service of the Department of Public Welfare.

For the salary of the commissioner, a sum not ex-
ceeding fifty-five hundred dollars . . . $5,500 00

For personal services of officers and employees and
supervision of homesteads and planning boards, a
sum not exceeding twenty-three thousand six hun-
dred dollars 23,600 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 ex-
ceeding eighty-two hundred dollars . . . 8,200 00

Total $37,300 00

Division of Aid and Relief:

For personal services of officers and- employees, a sum

not exceeding ninety-eight thousand dollars . $98,000 00

For services other than personal, including traveling
expenses and office supplies and equipment, a
sum not exceeding twenty-two thousand seven
hundred dollars 22,700 00

For the transportation of state paupers under the
charge of the department, for the present j'^ear
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 years, a sum not exceeding nine hundred
thousand dollars . . . . . . 900,000 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 public health, for the
present year and previous years, a sum not ex-
ceeding ninety-five thousand dollars . . . 95,000 00

For the support of sick paupers by cities and towns,
for the present year and previous years, the same
to include cases of wife settlement, a sum not ex-
ceeding eighty-five thousand dollars' . . . 85,000 00

For temporary aid given to state paupers and ship-
wrecked seamen by cities and towns, for the
present year and previous years, a sum not ex-
ceeding four hundred fifty thousand dollars . 450,000 00

Total $1,671,200 00

Division of Child Guardianship:

For personal services of officers and employees, a
sum not exceeding one hundred forty thousand
dollars $140,000 00

For services other than personal, office supplies and
equipment, a sum not exceeding fifty-five hundred
dollars 5,500 00

For tuition in the public schools, including trans-
portation to and from school, of children boarded
or bound out by the department, a sum not ex-
ceeding one hundred ninety-six thousand five hun-
dred dollars 196,500 00

Acts, 1923. —Chap. 126.

109

Item

528

529

For the care and maintenance of indigent and neg-
lected children and juvenile offenders, for the
present year and previous years, a sum not
exceeding eight hundred thousand dollars .

For the care, maintenance and transportation of un-
settled pauper infants, for the present year and
previous years, a sum not exceeding eighty-four
thousand five hundred doUars ....

Total

Division of
Child Guard-
ianship.

$800,000 00

84,500 00
$1,226,500 00

530

531

Division of Juvenile Training, Trustees of Mas-
sachusetts Training Schools:

For services of the executive secretary and stenog-
rapher, a sum not exceeding fifty-six hundred and
sixty dollars .......

For services other than personal, including printing
the annual report, traveling and other expenses of
the members of the board and employees, office
supplies and equipment, a sum not exceeding
twenty-six himdred dollars ....

Trustees of
Massachusetts

5,660 00 £Sf

Division of

Juvenile

Training.

2,600 00

Boys' Parole:

532 For personal services of agents in the division for

boys paroled and boarded in families, a sum not
exceeding twenty-nine thousand six hundred dol-
lars . . . ... . . 29,600 00

533 For services other than personal, including travehng

expenses of the agents and boys, and necessary
office supplies and equipment, a sum not exceeding
nineteen thousand five hundred dollars . . 19,500 00

534 For board, clothing, medical and other expenses

incidental to the care of boys, a sum not exceed-
ing twenty-seven thousand dollars . . . 27,000 00

Boys' Parole.

Girls' Parole:

535 For personal services of agents in the division for

girls paroled from the industrial school for girls,
a sum not exceeding twenty-three thousand dol-
lars ........

536 For traveling expenses of said agents for the girls

paroled, for board, medical and other care of
girls, and for services other than personal, office
supplies and equipment, a sum not exceeding
eleven thousand six hundred dollars .

537 For reimbursement of cities and towns for tuition of

children attending the public schools, a sum not
exceeding seven thousand dollars

Total

For the maintenance of and for certain improve-
ments at the institutions under the control of the
trustees of the Massachusetts training schools,
with the approval of said trustees, as follows:

538 Industrial school for boys, a sum not exceeding one

hundred fifty thousand one hundred dollars

539 For moving and relocating cottage number four at

the industrial school for boys, a sum not exceeding
sixty-five hundred doUars .....

540 For the purchase of material for rebuilding barn for

hay storage and horses at the industrial school for
boys, a sum not exceeding seven thousand dol-
lars ........

Girls' Parole.

23,000 00

11,600 00

7,000 00
$125,960 00

Institutions
under control
of trustees of
Massachusetts
training
schools.
$150,100 00 Industrial

school for boys.

6,500 00

7,000 00

Acts, 1923. —Chap. 126.

Industrial
school for
girls.

Lyman school
for boys.

Massachusetts

Hospital

School.

State In-
firmary.

Item
541

542

543

544

545

Industrial school for girls, a sum not exceeding one
hundred forty-four thousand eight hundred dol-
lars . $144,800 00

Lyman school for boys, a sum not exceeding two
hundred thirty-one thousand three hundred and
twenty-five dollars 231,325 00

Total $539,725 00

Massachusetts Hospital School:
For the maintenance of the Massachusetts hospital
school, to be expended with the approval of the
trustees thereof, a sum not exceeding one hundred
sixty-seven thousand two hundred and thirty-five
dollars $167,235 00

State Infirmary:

For the maintenance of the state mfirmary, to be ex-
pended with the approval of the trustees thereof,
a sum not exceeding eight hundred thirty-eight
thousand seven hundred dollars . . . $838,700 00

For the construction, including service connections
and equipment and furnishings, of additional hos-
pital accommodations, a sum not exceeding one
hundred forty thousand dollars .... 140,000 00

Total $978,700 00

Department of
Public Health.
Division of
Administration.

Division of
Hygiene.

Division of

Communicable

Diseases.

Service of the Department of Public Health.

Division of Administration:

546 For the salary of the commissioner, a sum not ex-

ceeding seventy-five hundred dollars . . . $7,500 00

547 For personal services of the health council and office

assistants, a sum not exceeding twelve thousand

four hundred dollars 12,400 00

548 For services other than personal, including printing

the annual report, travehng expenses, office sup-
plies and equipment, a sum not exceeding seventy-
three hundred dollars 7,300 00

Division of Hygiene:

549 For personal services of the director and assistants,

a sum not exceeding twenty-two thousand two

hundred dollars . . . . . . 22,200 00

550 For services other than personal, traveling expenses,

office supplies and equipment, a sum not exceeding

seventeen thousand one hundred dollars . . 17,100 00

551 For personal services for extending the activities of

the division in the protection and care of mothers
and conservation of the welfare of children, a sum
not exceeding twenty-nine thousand and thirty
dollars 29,030 00

552 For other expenses for extending the activities of

the division in the protection and care of mothers
and conservation of the welfare of children, a sum
not exceeding sixteen thousand and twenty dol-
lars 16,020 00

Division of Communicable Diseases:

553 For personal services of the director, district health

officers and their assistants, epidemiologists,
bacteriologist and assistants in the diagnostic
laboratory, a sum not exceeding fifty-eight thou-
sand seven hundred dollars .... 58,700 GO

Acts, 1923. —Chap. 126.

Ill

Item

554

For services other than personal, travehng expenses,
laboratory, office and other necessary supplies,
including the pin-chase of animals and equipment,
and rent of certain offices, a sum not exceeding
twenty thousand dollars .....

Division of

Conimiinicable

Uisoases.

.20,000 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 purposes :

Division of Venereal Diseases:

555 For personal services of the division, a sum not ex-

ceeding fourteen thousand and eighty dollars

556 For services other than personal, traveling expenses,

office supplies and equipment, a sum not exceeding
twenty-two thousand four hundred dollars .

Division of
14,080 00 Venereal Dis-
eases.

22,400 00

Manufacture and Distribution of Arsphenamine :

557 For personal services necessary for the manufacture

of arsphenamine or other similar preparations, a
sum not exceeding eighty-nine hundred and
seventy dollars 8,970 00

558 For the purchase of chemicals and other materials,

including equipment and supplies necessary for
the preparation and manufacture of arsphenamine,
or its equivalent, a sum not exceeding eighty-eight
hundred and ninety dollars .... 8,890 00

Manufacture
and Distribu-
tion of
Arsphenamine.

Wassermann Laboratory:

559 For personal services of the Wassermann laboratory,

a sum not exceeding eleven thousand dollars

560 For expenses of the Wassermann laboratory, a sum

not exceeding fifty-six hundred dollars

Wassermann
11,000 00 Laboratory.

5,600 00

561

562

Antitoxin and Vaccine Lymph:

For personal services in the investigation and pro-
duction of antitoxin and vaccine lymph and other
specific material for protective inoculation, and
diagnosis of treatment, a sum not exceeding thirty-
five thousand six hundred and twenty dollars . 35,620 00

For other services, supplies, materials and equipment
necessary for the production of antitoxin and
other materials as enumerated above, a sum not
exceeding thirty thousand dollars . . . 30,000 00

Antitoxin and

Vaccine

Lymph.

Inspection of Food and Drugs:

563 For personal services of the director, analysts, in-

spectors and other assistants, a sum not exceeding
thirty-two thousand seven hundred and fifty dol-
lars 32,750 00

564 For other services, including traveling expenses, sup-

plies, materials and equipment, a sum not exceed-
ing eleven thousand dollars .... 11,000 00

Inspection of
Food and
Drugs.

565

566

Water Supply and Disposal of Sewage, Engi-
neering Division:

For personal services of the director, engineers,
clerks and other assistants, a sum not exceeding
thirty-eight thousand five hundred dollars .

For other services, including traveling expenses,
supplies, materials and equipment, a sum not
exceeding eighty-nine hundred dollars

Water Supply
and Disposal

38,500 00 ^^nJSi,

Division.

8,900 00

112

Acts, 1923. — Chap. 126.

Water Supply
and Disposal
of Sewage,
Division of
Laboratories.

Item

567

568

Water Supply and Disposal of Sewage; Division
of Laboratories:

For personal services of laboratory director, chemists,
clerks and other assistants, a sum not exceeding
twenty-eight thousand dollars . . . . $28,000 00

For other services, including traveling expenses,
supplies, materials and equipment, a sum not ex-
ceeding seventy-seven hundred dollars . . 7,700 00

State Ex-
aminers of
Plumbers.

State Examiners of Plumbers:
569 For personal and other services and necessary sup-
plies and equipment for the state examiners of
plumbers, a sum not exceeding five thousand dol-
lars ........

5,000 00

Penikese
Island.

Penikese Island:
570 For services of a caretaker and other expenses inci-
dental to the care of property on Penikese island,
a sum not exceeding fifteen hundred dollars . 1,500 00

Total $460,160 00

Division of
Tuberculosis.

Division of Tuberculosis:

571 For personal services of the director, stenographers,

clerks and other assistants, a sum not exceeding

fifteen thousand six hundred dollars . . . $15,600 00

572 For services other than personal, including printing

the annual report, traveling expenses and office
supplies and equipment, a sum not exceeding
thirty-eight hundred dollars . . . . 3,800 00

573 To cover the payment of certain subsidies for the

maintenance of hospitals for tubercular patients,
a sum not exceeding one hundred eighty thousand
twenty-eight dollars and sixty-four cents . . 180,028 64

Total $199,428 64

Sanatoria,
maintenance
and improve-
ments.

Lakeville state
sanatorium.

North Reading
state sana-
torium.

574

575

576

577

Rutland state 578
sanatorium.

West field state 579
sanatorium.

580

For the maintenance of and for certain improve-
ments at the sanatoria, as follows:

For the Lakeville state sanatorium, a sum not ex-
ceeding one hundred ninety-two thousand three
hundred and ninety dollars .... $192,390 00

For addition to water supply at the Lakeville state
sanatorium, a sum not exceeding ninety-eight
hundred and fifty dollars 9,850 00

For the North Reading state sanatorium, a sum not
exceeding one hundred fifty-three thousand four
hundred dollars . . . . . . 153,400 00

For the purchase of a new engine and generator unit
for the North Reading state sanatorium, a sum
not exceeding seven thousand and eighty dollars . 7,080 00

For the Rutland state sanatorium, a sum not ex-
ceeding three hundred seventeen thousand seven
hundred dollars . . . . . . 317,700 00

For the Westfield state sanatorium, a sum not ex-
ceeding one hundred ninety-six thousand six hun-
dred and ninety dollars ..... 196,690 00

For the purchase of land for the Westfield state
sanatorium, a sum not exceeding nine hundred
dollars 900 00

Total $878,010 00

Acts, 1923. — Chap. 126.

113

I torn

5S1

5S'J

5S3

584

5S5
586

587

588
589

590

591

592

593

594

595

596
597

Service of the Department of Public Safety.

Administration :

For the salary of the commissioner, a sum not ex-
ceeding five thousand dollars ....

For personal services of clerks and stenographers, a
sum not exceeding twenty-eight thousand two
hundred and sixty dollars .....

For contingent services, including printing the annual
report, rent of district offices, supplies and equip-
ment, and all other things necessary for the in-
vestigation of fires and moving picture licenses, as
required by law, a sum not exceeding twenty-eight
thousand five hundred dollars ....

Division of State Police :

For the salaries of officers, a sum not exceeding
seventy-two thousand four hundred and twenty
dollars ........

For traveling expenses of the division, a sum not
exceeding twenty-eight thousand dollars

For maintenance and operation of the police steamer
"Lotis", a sum not exceeding ten thousand dol-
lars ........

For personal services, rent, supplies and equipment
necessary in the enforcement of statutes relative
to explosives and inflammable fluids and com-
pounds, a sum not exceeding forty-five hundred
dollars ........

Division of Inspection:

For the salary of the chief of inspections, a sum not
exceeding thirty-eight hundred dollars

For the salaries of officers for the building inspection
service, a sum not exceeding forty-five thousand
one hundred and sixty dollars ....

For traveling expenses of officers for the building
inspection service, a sum not exceeding twelve
thousand dollars ......

For the salaries of officers for the boiler inspection
service, a sum not exceeding sixty-two thousand
one hundred and sixty dollars ....

For traveling expenses of officers for the boiler in-
spection service, a sum not exceeding sixteen
thousand dollars . . .

For services, supplies and equipment necessary for
investigations and inspections by the division, a
sum not exceeding one thousand dollars

Board of Elevator Regulations:

For compensation of the board of elevator regula-
tions, a sum not exceeding four hundred and
tw^enty dollars ......

For expenses of the board, a sum not exceeding five
hundred dollars ......

Board of Boiler Rules:

For personal services of members of the board, a
smn not exceeding one thousand dollars

For services other than personal and the necessary
traveling expenses of the board, ofl^ice supplies
and equipment, a sum not exceeding six hundred
dollars ........

Total $319,320 00

Department

$5,000 00 of Public

Safety.

28,260 00

Division of
State Police.

28,500 00

72,420 00
28,000 00

10,000 00
4,500 00

Division of
3,800 00 Inspection.

45,160 00
12,000 00
62,160 00
16,000 00
1,000 00

Board of
Elevator Regu-

420 00 '^*'°''^-
500 00

Board of
1,000 00 Boiler Rules.

600 00

114

Acts, 1923. — Chap. 126.

Fire Pre-
vention
District
Service.
State Fire
Marslial.

Item

598

599
600

601

State Boxing
Commission.

State Police
Patrol.

602

603

604
605

(This item omitted.)

Fire Prevention District Service (the maintenance
of this service, as provided in the following
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-eight hundred dollars . . $3,800 00
For other personal services, a sum not exceeding six-
teen thousand two hundred dollars . . . 16,200 00
For other services, office rent and necessary office
suppUes and equipment, a sum not exceeding four
thousand dollars 4,000 00

Total $24,000 00

State Boxing Commission:

For compensation and clerical assistance for the
state boxing commission, a sum not exceeding ten
thousand five hundred and twenty dollars . . $10,520 00

For other expenses of the commission, a sum not ex-
ceeding ten thousand three hundred and ten dol-
lars 10,310 00

Total $20,830 00

State Police Patrol:

For personal services, a sum not exceeding one hun-
dred sixty-four thousand dollars . . . $164,000 00

For other services and expenses, a sum not exceed-
ing one hundred ninety-six thousand dollars . 196,000 00

Total $360,000 00

Department of 606
Public Works.

607

608

Division of
Highways.

609

610

611

Service of the Department of Public Works.

For the salaries of the commissioner and the four
associate commissioners, a sum not exceeding
thirty-one thousand five hundred dollars . . $31,500 00

For personal services of clerks and assistants to the
commissioner, a sum not exceeding thirteen
thousand doUars . . . . . . 13,000 00

For travehng expenses of the commissioner, a sum

not exceeding fifteen hundred dollars . . . 1,500 00

Total $46,000 00

Division of Highways (the following appropria-
tions for the operation and maintenance of
this division, except as otherwise provided,
are made from the receipts in the Motor Vehicle
Fees Fund) :
For the personal services of the chief engineer, engi-
neers and ofiice assistants, including certain clerks
and stenographers, a sum not exceeding fifty-one
thousand five hundred dollars .... $51,500 00
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

For services other than personal, including printing
the annual report and necessary office supplies
and equipment, a sum not exceeding fourteen
thousand dollars 14,000 00

Acts, 1923. —Chap. 126. 115

Item

612 For the care, repair and storage, replacement and Division of

purchase of road-building machinery and tools, a Higliways.

sum not exceeding two hundred fifty thousand
dollars $250,000 00

013 For the suppression of gypsy and brown tail moths
on state highways, a sum not exceeding fifteen
thousand dollars 15,000 00

614 For the construction and repair of town and county
ways, a sum not exceeding seven hundred fifty
thousand dollars . ... . . 750,000 00

CI 5 For aiding towns in the repair and improvement of
public ways, a sum not exceeding six hundred
fifty thousand dollars . . . . . 650,000 00

616 For the maintenance and repair of state highways,

a sum not exceeding two million nine hundred
thousand dollars, of which sum three hundred
seventy thousand nine himdred thirty-five dollars
and sixteen cents represents the receipts from
assessments upon certain cities and towns for the
maintenance of state highways, and the balance
from receipts in the Motor Vehicle Fees Fund . 2,900,000 00

617 For the maintenance and operation of the Newbury-

port bridge and the Brightman street bridge in
Fall River and Somerset, in accordance with the
provisions of existing laws, a simi not exceeding
fifty-eight thousand dollars .... 58,000 00

618 For the purpose of enabling the department of pubhc

works to secure federal aid for the construction of
highways, a sum not exceeding one miUion nine
hundred thousand dollars in addition to any other
funds which the department has available for the
purpose. Of the said sum seven hundred twenty-
eight thousand four hundred twenty-three dollars
and seventy-one cents represent the receipts from
assessments upon counties for the construction and
improvements of highways, and the balance from
the receipts in the Motor Vehicle Fees Fund, and
any unexpended balance remaining at the end of
the present fiscal year may be used in the succeed-
ing year for the same purposes .... 1,900,000 00

619 For the care of snow on highways, as provided by

section eleven of chapter eighty-four of the General
Laws, a sum not exceeding thirty thousand dol-
lars 30,000 00

620 For administering the law relative to advertising

signs near highways, a sum not exceeding thirteen

thousand dollars, to be paid from the general fund 13,000 00

Total $6,634,000 00

Registration of Motor Vehicles:

621 For personal services, a sum not exceeding three Registration

hundred eighty-seven thousand dollars, from re- of Motor

ceipts in the Motor Vehicle Fees Fund . . $387,000 00 Vehicles.

622 For services other than personal, including travehng

expenses, purchase of necessary supplies, equip-
ment and materials, including cartage and storage
of the same, and for work incidental to the regis-
tration and hcensing of owners of motor vehicles,
a sum not exceeding three hundred thirty thousand
dollars, from receipts in the Motor Vehicle Fees
Fund 330,000 00

Total $717,000 00

116

Acts, 1923. —Chap. 126.

Special Im-
provement.

Item

623

Special Improvement:
For completing the construction of certain highways
in the five western counties, as authorized by and
subject to the conditions of chapter five hundred
and seventy-two of the acts of nineteen hundred
and twenty, a sum not exceeding four hundred
thousand dollars, from receipts in the Motor
Vehicle Fees Fund, and to be in addition to any
sum heretofore appropriated for the purpose

$400,000 00

Division of
Waterways and
Public Lands.

Division of Waterways and Public Lands:

624 For personal services of the chief engineer and as-

sistants, a sum not exceeding fifty-two thousand

dollars 52,000 00

625 For necessary traveling expenses of the associate

commissioners, a sum not exceeding one thousand

doUars 1,000 00

626 For services other than personal, including printing

and binding the annual report, and for necessary
office and engineering supplies and equipment,
a sum not exceeding sixty-five hundred dollars . 6,500 00

627 For the care and maintenance of the province lands,

a sum not exceeding five thousand dollars . . 5,000 00

628 For the maintenance of structures, and for repairing

damages along the coast line or river banks of the
commonwealth, and for the removal of wrecks and
other obstructions from tidewaters and great
ponds, a sum not exceeding twenty-five thousand
dollars 25,000 00

629 For the improvement, development and protection

of rivers and harbors, tidewaters and foreshores
within the commonwealth, as authorized by section
eleven of chapter ninety-one of the General Laws,
and of great ponds, a sum not exceeding two hun-
dred thousand dollars, and any unexpended bal-
ance of the appropriation remaining at the end of
the current fiscal year may be expended in the
succeeding year for the same purposes . . 200,000 00

630 For re-establishing and permanently marking certain

triangular points and sections, as required 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 dol-
lars . . . . . . . . . 1,000 00

631 For the supervision and operation of commonwealth

pier five, including the salaries or other compen-
sation of employees, and for the repair and re-
placement of equipment and other property, a sum
not exceeding one hundred five thousand dollars,
to be paid from the port of Boston receipts . 105,000 00

632 For the maintenance of pier one, at East Boston, a

sum not exceeding nine thousand dollars, to be

paid from the port of Boston receipts . . 9,000 00

633 For the maintenance and improvement of common-

wealth property under the control of the division,
a sum not exceeding one hundred ten thousand
dollars, to be paid from the port of Boston re-
ceipts 110,000 00

634 For the operation and maintenance of the New Bed-

ford state pier, a sum not exceeding three thousand

dollars . . . . . . . . 3,000 00

635 For the compensation of dumping inspectors, a sum

not exceeding two thousand dollars, to be paid

from the Waterways Fund .... 2,000 00

Acts, 1923. —Chap. 126.

117

Item
636

637

638

639

640

641

642

643

644

645

646

647

For continuing the work in gauging the flow of water
in the streams of the conunonwealth, a sum not
exceeding three thousand dollars

For supervision and operation of the commonwealth
stores, a sum not exceeding ten thousand dollars .

Total

Division of
Waterways and

$3,000 00 P"^''° L"*"^^-
10,000 00

$532,500 00

Specials :

For expenses of dredging channels and filling marsh
lands, a sum not exceeding two hundred thirty-five
thousand dollars, to be paid from the port of Bos-
ton receipts, and to be in addition to the amount
appropriated in nineteen hundred and twenty-two $235,000 00

For dredging minor channels in Boston harbor, a
sum not exceeding fifty thousand dollars, to be
paid from the port of Boston receipts, and to be in
addition to the amount appropriated in nineteen
hundred and twenty-two ..... 50,000 00

For the construction of streets, railroads and piers
for the development of land at South Boston and
East Boston, a sum not exceeding ten thousand
dollars, to be paid from the port of Boston re-
ceipts, and the sum of one hundred thirty-one
thousand dollars, reappropriated by chapter one
hundred and twenty-nine of the acts of nineteen
hundred and twenty-two for railroad track con-
nections and certain roadways and piers at South
Boston, may be used for similar improvements at
EastB9ston 10,000 00

For certain claims on account of the construction of
the dry dock at South Boston, a sum not exceed-
ing five thousand dollars, to be paid from the port
of Boston receipts ...... 5,000 00

For the expense of establishing a reservation in the
city of Gloucester, a smn not exceeding five hun-
dred dollars 500 00

Specials.

Total

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 ........

For personal services of secretaries, employees of the
accounting department, engineering department
and rate and tariff department, a sum not exceed-
ing thirty thousand seven hundred and fifty dol-
lars, of which simi nine thousand ninety-seven
dollars and fifty cents shall be assessed upon the
gas and electric light companies in accordance
with the provisions of law ....

For the inspection department, personal services, a
sum not exceeding thirty-three thousand six hun-
dred and five dollars .....

For personal services of clerks, messengers and
oflBce assistants, a sima not exceeding ten thousand
five hundred dollars, of which one-half shall be
assessed upon the gas and electric light companies
in accordance with the provisions of law

For personal services of the telephone and telegraph
division, a sum not exceeding twelve thousand
three hundred and twenty-five dollars

$300,500 00

Department
of Public
Utilities.

$36,000 00

30,750 00

33,605 00

10,500 00

12,325 00

118

Acts, 1923. —Chap. 126.

Department
of Public
Utilities.

Item

648

649
650

651

652

Items to be 653

assessed upon
gas and electric
light com-
panies.

654

655

656

657

Smoke abate- g58
ment in Boston
and vicinity.

Administration g59
of law relative
to sale of
securities.

660

Bunker Hill
monument,
etc.,
maintenance.

661

For personal services and expenses of legal assistants
and experts, a sum not exceeding two thousand
doUars ........

For stenographic reports of hearings, a sum not ex-
ceeding two thousand dollars ....

For traveUng expenses of the commissioners and em-
ployees, a sum not exceeding five thousand dol-
lars ........

For services other than personal, printing the annual
report, office supplies and equipment, a sum not
exceeding seven thousand dollars . .

For stenographic reports of evidence at inquests
held in cases of death by accident on or about
railroads, a sum not exceeding three thousand dol-
lars ........

Total

$2,000 00
2,000 00

5,000 00

7,000 00

3,000 00
. $142,180 00

The following items are to be assessed upon the
gas and electric Ught companies:

For personal services of the inspector of gas and gas
meters, assistant inspectors and deputy inspectors
of meters, a sum not exceeding eighteen thousand
four hundred doUars . . . . . $18,400 00

For expenses of inspectors and deputies, including
office rent, travehng and other necessary expenses
of inspection, a sum not exceeding seven thousand
dollars . . 7,000 00

For services and expenses of expert assistants, as au-
thorized by law, a sum not exceeding five thou-
sand dollars 5,000 00

For other services, printing the annual report, for
rent of offices and for necessary office supphes
and equipment, a sirm not exceeding ten thousand
dollars ... . . . . . 10,000 00

For the examination and tests of electric meters, a

sum not exceeding six hundred doUars . . 600 00

Total $41,000 00

Smoke Abatement:
For services and expenses in coimection with the
abatement of smoke in Boston and vicinity, imder
the direction and with the approval of the depart-
ment of public utihties, a sum not exceeding
eighty-two hundred 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 . . $8,200 00

Sale of Securities:

For personal services in administering the law rela-
tive to the sale of securities, a sum not exceeding
fifteen thousand seven hundred dollars . . $15,700 00

For expenses other than personal in administering
the law relative to the sale of securities, a sum not
exceeding ninety-three hundred dollars . . 9,300 00

Total $25,000 00

Miscellaneous.

For the maintenance of Bunker Hill monument and
the property adjacent, to be expended by the
metropolitan district commission, a sum not ex-
ceeding ten thousand dollars .... $10,000 00

Item

Acts, 1923. —Chap. 126. 119

Metropolitan District 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 Metro-
politan District Commission:

662 For maintenance of the Charles river basin, a sum Metropolitan

not exceeding one hundred eighty-one thousand District Com-

five hundred dollars $181,500 00 '"■s^'on.

663 For repairs to the Charles river lock, a sum not ex-

ceeding seventeen thousand five hundred dollars,
the same to be in addition to the amount appro-
priated for the Charles river basin . . . 17,500 00

664 For maintenance of park reservations, a sum not

exceeding seven hundred fifty thousand nine hun-
dred fifty-nine dollars 750,959 00

664| For repairs to sea wall at Revere, a sum not exceed-
ing sixty-six hundred dollars, the same to be in
addition to the amount appropriated for park
reservations ....... 6,600 00

665 For the expense of holding band concerts, a sum not

exceeding twenty thousand dollars . , . 20,000 00
665§ (This item omitted.)

666 For maintenance of the Nantasket beach reservation,

a sum not exceeding seventy-five thousand dol-
lars . . . . . . . . 75,000 00

667 For maintenance of the Wellington bridge, a sum

not exceeding ten thousand nine hundred and fifty
dollars, the same to be in addition to the amount
appropriated from the general fund . . . 10,950 00

668 For maintenance of boulevards and parkways, a

sum not exceeding two hundred twenty-one thou-
sand five hundred and fifty dollars, the same to
be in addition to the amount appropriated from
the general fund 221,550 00

669 For widening and reconstructing Blue Hill River road

in the Blue Hills reservation, the metropohtan
district commission is hereby authorized, subject
to the conditions imposed herein, to expend a sum
not exceeding seventy-five thousand dollars, of
which sum the county of Norfolk shall raise by
taxation and pay into the treasury of the common-
wealth upon the request of the state treasurer the
sum of eighteen thousand seven hundred and fifty
dollars, of the remainder twenty-eight thousand
one hundred and twenty-five dollars shall be pay-
able from receipts in the Motor Vehicle Fees
Fund, and twenty-eight thousand one hundred
and twenty-five dollars shall be made a part of the
assessment upon the cities and towns of the metro-
pohtan parks district, it being a condition of this
appropriation that no expenditure shall be made
hereunder by said commission until it is satisfied
that all necessary steps have been taken for the
widening and reconstruction of Hillside street in
the town of Milton and of Blue Hill street in the
town of Canton, a distance of about one mile, to
jimction of said Blue Hill street with Washington
street in said Canton, and for the reconstruction
of Blue HiU avenue in the town of Milton from
the town fine of said Canton to the Blue Hills
parkway in said Milton, and is further satisfied
that said work will be duly carried to comple-
tion 28,125 00

120

Acts, 1923. — Chap. 126.

Metropolitan
District Com-

Item

670

671

672

673

For the maintenance and operation of a system of
sewage disposal for the north metropolitan sewer-
age district, a sum not exceeding three hundred
thirty-three thousand seven hundred and eighty
dollars . . . . . . . . $333,780 00

For the maintenance and operation of a system of
sewage disposal for the south metropohtan district,
a sum not exceeding two hundred thousand four
hundred and ten dollars 200,410 00

For the maintenance and operation of the metro-
politan water system, a simi not exceeding seven
hundred eighty-one thousand one hundred and
fifty dollars . . . . ... 781,150 00

For expenses of investigation and experimentation
for tiie filtration of certain sources of water supply
for the metropolitan district, a sum not exceeding
twenty-five thousand dollars .... 25,000 00

Total $2,652,524 00

Deficiencies.

For deficiencies in certain appropriations of pre-
vious years, in certain items, as follows:

Legislative
Department.

Legislative Department.

For stationery for the senate, purchased by and with
the approval of the clerk, the sum of ninety-one
dollars and twenty-five cents ....

$91 25

Judicial Department.
Superior Court:
Judicial De- For traveling allowances and expenses, the sum of

partment. jijne hundred forty-four dollars and thirty-three

Superior Court. cents

944 33

Probate and

Insolvency

Courts.

Probate and Insolvency Courts:
For the compensation of judges of probate when act-
ing outside of their own county for other judges of
probate, the sum of five hundred and twenty dol-
lars ........

520 00

District
Attorneys.

District Attorneys:
For traveling expenses necessarily incurred by the
district attorneys, except in the Suff'olk district,
the sum of one hundred twenty-nine dollars and
seventy-six cents ......

129 76

Secretary of the
Common-
wealth.

Department of the Secretary of the Commonwealth.

For printing laws, etc. :
For printing and binding public documents, the sum
of forty-nine hundred eighty-two dollars and
eighty-seven cents ......

4,982 87

For matters relating to elections:
For expenses of pubhcation of lists of candidates and
forms of questions before state elections, the sum
of seventeen thousand five hundred eleven dollars
and eighty-six cents .,,...

17,511 86

Acts, 1923. —Chap. 126.

121

Item

Service of the Chief Quartermaster.

For personal services of other employees of the chief
quartermaster, the sum of eighty-three dollars and
eighty-seven cents ......

Chief Quarter-
master.

$83 87

Boiinty on Seals.
For bounties on seals, the sum of sixty-five dollars .

Payments to Families of Deceased Firemen.

For payment in accordance with law of such claims
as may arise in consequence of the death of firemen
and of persons acting as firemen, from injuries
received in the discharge of their duties, the sum
of thirteen thousand dollars ....

65 00 Bounty on
Seals.

Payments to
Families of
Deceased
Firemen.

13,000 00

Attorney General.

For services other than personal, traveling expenses,
office supplies and equipment, the sum of fifteen
hundred forty-seven dollars and fifty-nine cents .

Attorney
General.

1,547 59

Department of Education.

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, the sum of three hundred
twenty-two dollars and twenty-five cents . . 322 25

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, the sum of two hundred ninety
dollars and forty-eight cents .... 290 48

Department of
Education.

Board of Dental Examiners.

For other services, including printing the annual re-
port, and for rent, traveling expenses, office sup-
plies and equipment, the sum of two hundred and
fifty dollars .......

Board of
Dental Ex-
aminers.

250 00

Department of Industrial Accidents.

For other services, printing the annual report, neces-
sary office supplies and equipment, the sum of
sixteen hundred forty-seven dollars and fifty-six
cents ........

Department of

Industrial

Accidents.

1,647 56

Trustees of the Massachusetts Training Schools.

For reimbursement of cities and towns for tuition of
children attending the public schools, the sum of
thirty-seven hundred eighty-six dollars and
twenty-seven cents ......

3,786 27

Trustees of
Massachusetts
Training
Schools.

Department of Public Health.

Administration :
For services other than personal, including printing
the annual report, traveling expenses, office sup-
plies and equipment, the sum of sixteen hundred
eighty-five dollars and forty-one cents

Department of
Public Health.

1,685 41

122

Acts, 1923. —Chap. 127.

Item

Division of
Hygiene.

Division of Hygiene :
For services other than personal, traveUng expenses,
office suppHes and equipment, the sum of two
hundred five dollars and twenty-eight cents

$205 28

Department of
Public Works.
Division of
Highways.

Department of Public Works.

Division of Highways:
For the maintenance and operation of the Newbury-
port bridge and the Brightman street bridge in
Fall River and Somerset, in accordance with the
provisions of existing laws, the sum of eighty-one
dollars and twenty-five cents ....

Total .

General Fund
MetropoMtan District

Grand Total

81 25

$47,145 03

$42,425,093 69
2,652,524 00

$45,077,617 69

No payment to
be made which
exceeds allot-
ment of ex-
penditure made
for certain
purposes.

Written ap-
proval of
governor and
council re-
quired for
certain ex-
penditures.
Budget com-
missioner to
send copies of
two foregoing
sections
to heads of
departments,
etc.

Section 3. No payment shall be made or obligation incurred
under the authority of an appropriation made for construction
of public buildings under this act in cases where the bid for con-
tracts, proposed for acceptance, exceeds the allotment of ex-
penditure upon which the appropriation is based.

Section 4. No expenditures in excess of appropriations
provided for under this act shall be incurred by any department
or institution, except in cases of emergency, and then only upon
the prior written approval of the governor and council.

Section 5. The budget commissioner is hereby directed to
send a copy of the two foregoing sections to each departmental,
divisional and institutional head immediately following the
passage of this act.

Section 6. This act shall take effect upon its passage.

Approved March 14, 1923.

Chap

City of Boston
may discharge
its obligation
to reimburse
D. Doherty
Company for
certain losses.

.127 ^N ^^'^ authorizing the city of boston to discharge its
obligation to reimburse the d. doherty company for
losses sustained in certain coal deliveries.

Be it enacted, etc., as follows:

■ The city of Boston may reimburse the D. Doherty Company
to an amount not exceeding five thousand thirty dollars and
ninety-one cents for the losses sustained by said company in
supplying coal for use in the schools of said city during the winter
of nineteen hundred and nineteen and nineteen hundred and
twenty, under a contract dated April twelfth, nineteen hundred
and nineteen, notwithstanding that said company was discharged
from its obligation to make deliveries thereunder by reason of
seizures of its coal by the federal government.

Approved March 14, 1923.

Acts, 1923. — Chap. 128. 123

An Act relative to the collection of local taxes. Char) 1 28
Be it enacted, etc., as foUorvs:

Section 1 . Chapter sixty of the General Laws is hereby g. l. eo, § 9,
amended by striking out section nine and inserting in place amended.
thereof the following : — Sectixm 9. When all the taxes which Accounts,
have been committed to a collector have been collected or oFcoil^tor's'of
abated, or, in any event, at the end of three years from the date taxes, deposit
of their commitment to him, he shall deposit with the clerk of town cie^k,'^
the town where he held such office all his accounts, records and ^^®°-
papers, including his warrant, which relate to the assessment
and collection of such taxes, if not required by section ninety-
seven to deposit them sooner with the assessors of such town.

Section 2. Sections ten and eleven of said chapter sixty are g. l. eo,
hereby repealed. peiied"' "^^

Section 3. Section twelve of said chapter sixty is hereby g. l. eo § 12,
amended by striking out, in the first line, the words ", or col- amended.
lector" and inserting in place ^thereof the words: — or an as-
sessor,— so as to read as follows: — Section 12. A town clerk cierkoras-
or an assessor, having knowledge of any accounts, records or mrnJany^'
papers relating to taxes in his town which should be in his books, etc.,
custody, shall demand them of any person having them, who in liis custody.
shall forthwith deliver them to him.

Section 4. Said chapter sixty is hereby further amended by g. l. eo, § 17,
striking out section seventeen and inserting in place thereof the a^^^nded.
following: — Section 17. If any tax, betterment or special as- collection of
sessment remains unpaid fourteen days after demand therefor, unpaid taxes,
the collector, in the case of any tax, betterment or special assess-
ment upon real estate, within one year from October first in the
year of assessment, and, in case of any other tax, within two
years from said October first, shall collect the tax, together with
all incidental charges and fees, in the manner provided by law.

Section 5. Said chapter sixty is hereby further amended G- l. eo, § 97,
by striking out section ninety-seven and inserting in place thereof
the following: — Section 97. Except as provided in section nine, Accounts,
if a collector ceases to hold the office of collector for any reason orcoiiectore'of
other than because of the expiration of the term of office of a taxes, deposit
collector who is not paid by a fixed salary and his failure to be when.''
reappointed or re-elected, all his accounts, records and papers,
except his warrant, which relate to the assessment and collection
of taxes in his town shall, forthwith after an audit thereof has
been made by a competent accountant, be deposited by him, or
his executor or administrator, or any other person into whose
possession they may come, with the assessors of such town, who uncollected tax
thereupon shall turn over his uncollected tax lists to his successor, turned*^ove°to^
together with their warrant, which shall cover the uncollected successor, etc.
accounts of the original commitment as shown on said lists and
shall also turn over all his accounts, records and papers so de-
posited with them, except said lists, to the clerk of said town.
If the collector is his own successor, he shall complete the collec- collector as
tion of the taxes as a part of the duties of his new term of office o"'" successor.
and not as a part of the duties of his former term of office.

124

Acts, 1923. — Chaps. 129, 130.

G. L. 60,

§ 100, amended.

Penalty on col-
lector, etc.,
for failure to
turn over
accounts, etc.

Section 6. Section one hundred of said chapter sixty is
hereby amended by striking out, in the third Hne, the words
"sections nine to twelve, inclusive," and inserting in place thereof
the words : — section nine, twelve or ninety-seven, — so as to
read as follows: — Section 100. Violation by a collector, former
collector, or an executor or administrator of a collector or former
collector, of any provision of section nine, twelve or ninety-seven
shall be punished by a fine of not more than five hundred dol-
lars. Approved March 14, 1923.

Chap. 129 An Act authorizing the city of malden to pension

WILLIAM ENSLIN.

City of Maiden
may pension
William
Enslin.

To be sub-
mitted to city
council, etc.

Proviso.

Be it enacted, etc., cw follows:

Section 1. The city of Maiden may retire William Enslin,
for more than twenty-five years a faithful employee in its ceme-
tery department, on an annual pension, not to exceed seven hun-
dred and twenty dollars, payable in equal monthly instalments.

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, that such acceptance occurs prior to
December thirty-first in the current year.

Approved March 14, 1923.

Chap. ISO An Act exempting from civil service clerical employees
in the registries of probate of certain counties.

G. L. 31, § 5,
amended.

Positions
exempt from
civil service.

Be it enacted, etc., as follows:

Section five of chapter thirty-one of the General Laws is
hereby amended by inserting after the word "city" in the ninth
line the words : — except as otherwise provided by the preceding
section, — and by inserting after the word " city " in the fifteenth
line the words : — ; clerical employees in the registries of probate
of all the counties, — so as to read as follows : — Section 5. No
rule made by the board shall apply to the selection or appoint-
ment of any of the following:

Judicial officers; officers elected by the people or, except as
otherwise expressly provided in this chapter, by a city council;
officers whose appointment is subject to confirmation by the
executive council, or by the city council of any city; officers
whose appointment is subject to the approval of the governor
and council ; officers elected by either branch of the general court
and the appointees of such officers; heads of principal depart-
ments of the commonwealth or of a city except as otherwise pro-
vided by the preceding section ; directors of divisions authorized
by law in the departments of the commonwealth; employees of
the state treasurer appointed under section five of chapter ten,
employees of the commissioner of banks, and of the treasurer and
collector of taxes of any city; two employees of the city clerk
of any city; public school teachers; secretaries and confidential
stenographers of the governor, or of the mayor of any city;
clerical employees in the registries of probate of all the counties;

Acts, 1923. —Chap. 131. 125

police and fire commissioners and chief marshals or chiefs of
police and of fire departments, except as provided in section
forty-nine; and such others as are by law exempt from the
operation of this chapter. Approved March 15, 1923.

An Act relative to the listing of voters in the city of Cha'p.l?f\

LOWELL.

Be it enacted, etc., as follows:

Section 1. Chapter one hundred and fifty-four of the acts 1920, 154, etc.,
of nineteen hundred and twenty, as amended in section four by ^'"^"'•ed.
section three of chapter one hundred and fifteen of the acts of
nineteen hundred and twenty-one, is hereby further amended
by striking out said section four and inserting in place thereof
the following: — Section 4- The commission shall, under the Election com-
pro visions of law, have general supervision of all elections, of the ^'Lo^eiUo' ^
appointment, supervision and compensation of precinct officers, ^|'gP^[J^^g^ g|{.
and of the location of polling booths; and may employ such
persons as they may deem necessary in the performance of their
duties; provided, however, that among the persons so employed Provisos.
after the passage of this act, the two dominant political parties
shall at all times be equally represented; and provided, further,
that nothing contained herein shall be construed as affecting
present employees of the registrars of voters, who were employed
by them as of January first, nineteen hundred and twenty. The
commission shall daily during its office hours hold sessions for the
registration of voters, excepting where limited by the provisions
of the general laws. Whenever, in its opinion, public con- May order
venience or necessity so requires, the commission may order rlg-gtering^of
sessions for the registering of voters to be held in any of the voters.
several voting precincts, or at the principal office of the com-
mission, and it may require suitable accommodations and neces-
sary records in connection therewith, and it may, furthermore,
prepare voting lists of the voters in the several voting precincts
by streets or in alphabetical order as provided in section fifty-
five of chapter fifty-one of the General Laws. The commission Records open
shall at all times maintain suitable records which shall, unless it gpectbn*'u*ni'ess.
is otherwise provided by law, be open to public inspection. In etc.
case of a tie vote or other disagreement in said commission, the HcTtoVe^'^'^^'
state secretary or one of his deputies designated by him shall, member of
for the purpose of settling the disagreement or breaking the tie etc., in case'
vote, be a member of said commission and shall preside and ^entTftc!''
cast the deciding vote. Each election commissioner shall receive salaries.
two thousand dollars annually or such salary, not to exceed two
thousand dollars, as the mayor and city council may by ordi-
nance prescribe.

Section 2. Said chapter one hundred and fifty-four is 1920, 154, new
hereby further amended by inserting after section four the fol- lections after
lowing new sections: — Section 5. There is hereby established Listing board
in the city of Lowell a listing board composed of the chief of Lowefiestab-
police of the city and the members of the election commission Hshed, etc.
ex officiis.

126

Acts, 1923. —Chap. 131,

To make lists
of persons,
etc.

Buildings used
as residences
to be desig-
nated, etc.

Names of in-
formants to be
placed in lists,
etc.

To transmit
copy of lists
to election
commission,
etc.

To correct
errors in lists,
etc.

Preservation of

applications,

etc.

To transmit
to assessors
certified copies
of parts of lists,
etc.

Section 6. The listing board shall, within the first seven week
days of April in each year, by itself or by police officers, visit
every building in the city of Lowell, and, after diligent inquiry,
make true lists, arranged by streets, wards and voting precincts,
and containing as nearly as the board can ascertain, the name,
age, occupation and residence on the first day of April in the
current year, and the residence on the first day of April in the
preceding year, of every person, twenty years of age or upward,
who is not a pauper in a public institution, residing in the city.
The said board shall designate in such lists all buildings used as
residences by such persons, in their order on the street where
they are situated, by giving the number or other definite de-
scription of every such building so that it can readily be identi-
fied, and shall place opposite the number or other description of
every such building the name, age and occupation of every such
person residing therein on the first day of April in the current
year, and his residence on the first day of April in the preceding
year.

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

The board shall transmit a copy of said lists to the election
commission not later than the eighteenth day of April; except
that if in any year the chief of police shall believe it to be im-
practicable, because of any public exigency requiring unusual
service from the police force of the city, to complete within the
first seven week days of April the said visitation, and to transmit
to the election commission and the assessors on or before the
eighteenth day of April copies of the lists described in this sec-
tion or the required parts thereof, he shall have authority, after
giving notice in writing to the listing board, to take such further
time for such visitation and transmission, not exceeding ten
week days, as he shall deem necessary.

The board shall, upon the personal application of a person
listed for the correction of any error in its lists, or whenever in-
formed of any such error, make due investigation, and upon
proof thereof correct the same on its lists, and shall immediately
notify the election commission of such correction, who shall
correct its copies of said lists accordingly and proceed to revise
and correct the registers under the pro^•isions of section thirty-
eight of chapter fifty-one of the General I^aws. The board shall
cause all applications and affidavits received by it under this
section to be preserved for two years.

Section 7. The listing board shall, on or before the eighteenth
day of April in each year, or within such further time as may be
taken under the preceding section, transmit to the assessors
certified copies of those parts of the lists prepared as provided
in said section, containing the name, age, occupation and resi-

Acts, 1923. —Chap. 131. 127

dence on the first day of April in the current year, and the resi-
dence on the first day of April in the preceding year, of every male
person twenty years of age or upward listed under said section,
and shall promptly transmit to the assessors notice of every
addition to and correction in the lists made by it. Instead of ^''*(^°/|^e^.
visiting every building in said city and making their own lists meAt of poll
for assessment of poll taxes, as required in section four of chapter furnished by
fifty-one of the General Laws, the assessors may use the lists ^ting board,
furnished to them by the listing board, or such parts thereof as
they deem advisable. The board shall furnish all information
in its possession necessary to aid the assessors in the performance
of their duties.

Section 8. The listing board shall, on or before the first day to prepare
of June in each year, prepare printed copies of the lists prepared IJ'^j^^^ etc^'^^
for the use of the assessors. The board shall print such lists in
pamphlet form by precincts, deliver to the assessors as many
copies thereof as they may require, and hold the remaining
copies for public distribution.

Section 9. If a person, twenty years of age or upward, resident Listing of per-
in Lowell on the first day of April, was not listed by the listing pre^o^iy
board, he shall, in order to establish his right to be listed, appear I'sted.
before it at such time as it may designate, the members of which
are hereby authorized to administer oaths for this purpose, and
present under oath a statement in writing that he was on said
day a resident of said city, giving his name, age, occupation and
residence on the first day of April in the current year, and his
residence on the first day of April in the preceding year.

A person, twenty years of age or upward, who becomes a certain persons
resident of said city after the first day of April and desires to be {|g^^J°|*° ^^
listed, shall appear before any member of the listing board, who present a
is hereby authorized to administer oaths for this purpose, and ^u*ing!etc.
present under oath a statement in writing that he became a
resident of said city at least six months immediately preceding
the election at which he claims the right to vote, giving his
name, age, occupation and residence, and his residence imme-
diately prior to said six months' period and on the first day of
April in the current year and in the preceding year.

If the listing board, after investigation, is satisfied that such to list
statements are true, it shall list the applicant and give him a and'g^/"*certifi-
certificate that he was a resident of said city on said first day of cate in certain
April, or a certificate that he became a resident at least six '^^ ®'
months immediately preceding the election, as the case may be,
which certificate shall state his name, age and occupation, and
his residence on the first day of April in the current year and in
the preceding year and, if he became a resident of said city after
April first in the current year, his residence immediately prior
to said six months' period ; and no such person shall be listed or
be given the said certificate later than the twenty-first day pre-
ceding the state or municipal election. The board shall not,
after the last day for making the said application before a state
election, receive an application until after the election.

In every place where oaths are administered for the purpose to post copy
of listing, the listing board shall post in a conspicuous place a p[^®cHb^g*"^
copy of section seven of chapter fifty-six of the General Laws, penalty.

128

Acts, 1923. — Chap. 131.

Records of
applications
to be kept,
etc.

Newspaper
publication
of names, etc.

Election com-
mission to
prepare annual
register, etc.

Entries.

Proviso.

Commission; to
make in-
quiries, in-
vestigations,
etc.

Notice to
voters whose
names have
not been en-
tered in annual
register.

Personal
application
for registration
necessary in
certain cases.

G. L. 50, § 1,
amended.

printed on white paper with black ink, in type not less than one
quarter of an inch wide.

The h'sting board shall enter the date of application, the name,
age, occupation and residence on the first day of April in the
current year, and the residence on the first day of April in the
preceding year, of every such applicant, as above provided,
together with the result of its investigation of his application,
in a book provided for that purpose, which shall be open to
public inspection. The board shall cause to be printed in some
newspaper published in Lowell, the name and residence of every
such applicant. The names and residences of the applicants
shall be printed by wards and precincts within two days after
the number of names of applicants, not printed, reaches fifty;
and on the day when that number is reached, the names to be
printed within the said two days shall include the names of all
such applicants up to the close of business for this purpose in
the office of the board on the said day.

Section 10. The election commission shall, after the first day
of April in each year, prepare an annual register containing the
names of all qualified voters in Lowell for the current year, be-
ginning with the first day of April. The names shall be arranged
by precincts and, opposite the name of each voter, shall be
entered his residence on the preceding first day of April or any
subsequent day when he became a resident of said city. The
commission shall enter in the annual register every name con-
tained in the lists, for the current year, of persons transmitted to
it by the listing board, giving, as the residence of each person
on the first day of April, the place at which he was listed by
said board; provided, that in every case the commission is able
to identify the name so transmitted as that of a man or woman
whose name was borne on the voting list of said city at the last
preceding election. The commission shall make all inquiries
and investigations necessary to identify such person, and shall
not enter in the annual register the name of a person objected
to by any member of the commission, until such person has been
duly notified and given an opportunity to be heard by the com-
mission, and shall have appeared and satisfied it of his right to
have his name so entered. The commission shall forthwith
enter in the annual register the name of every person whose
qualifications as a voter have been determined by it in the
current year and whose name has accordingly been entered in
the general register. The commission shall, on or before the
first Monday of August in each year, send notice in writing by
mail to each male and female voter of the preceding 3'ear whose
name has not been entered in the annual register of the current
year that his name has not so been entered.

Section 11. Every person, male or female, whose name has
not been entered in the annual register in accordance with the
preceding section, shall, in order to be registered as a voter,
apply in person for registration and prove that he is qualified to
be registered.

Section 3. Section one of chapter fifty of the General Laws
is hereby amended by adding after the word "elections" in

Acts, 1923. —Chap. 131. 129

the thirty-first line, the following new paragraph : — " Listing " Listing
board", a board established by special law in a particular city te°rm defined.
or town to prepare lists of persons of voting age resident in the
city or town and perform certain other duties in connection with
said lists.

Section 4. Section four of chapter fifty-one of the General ^J^jjj^ ^•
Laws is hereby amended by inserting at the beginning thereof
the words : — Except as otherwise provided by law, — and by
striking out, in the tenth and in the twenty-fourth lines, the
words "Boston, Cambridge, Chelsea and Watertown" and in-
serting in place thereof in each instance the Avords : — cities and
towns having listing boards, — so as to read as follows: — Sec- Assessors to
tion 4- Except as otherwise provided by law, the assessors, ™ereons^iiabie
assistant assessors, or one or more of them, shall annually, in t° ^^ pou tax

, ., -.J- . . 1 •! !• • 1 • • • • 1 and of women

April or May, visit every building in their respective cities and voters, etc.
towns and, after diligent inquiry, shall make true lists contain-
ing, as nearly as they can ascertain, the name, age, occupation,
and residence on April first in the current year, and the residence
on April first in the preceding year, of every male person twenty
years of age or older, residing in their respective cities and towns,
liable to be assessed for a poll tax, and of soldiers and sailors
exempted from the payment of a poll tax under section five of
chapter fifty-nine ; and, except in cities and towns having listing
boards, shall also make true lists containing the same facts
relative to every woman twenty years of age or older residing
in their respective cities and towns.

Any inmate of the soldiers' home in Chelsea shall have the inmates of
same right as any other resident of that city to be assessed and fn cheLea?'as-

tO vote therein. sessment, etc.

The assessors shall, upon the personal application of an Assessors to
assessed or listed person for the correction of any error in their anTsup"[y'^^
original lists, and whenever informed of any such error, make omissions.
due investigation, and, upon proof thereof, correct the same on
their books. When informed of the omission of the name of a
person who is averred to have lived in the city or town on April
first in the current year, and to have been assessed, or listed as
provided in this section, there in the preceding year, they shall
make due investigation, and, upon proof thereof, add the name
to their books, and, except in cities and towns having listing
boards, give immediate notice thereof to the registrars of voters.
They shall preserve for two years all applications, certificates Preservation of
and affidavits received by them under this section. applications,

Section 5. Section five of said chapter fifty-one is hereby g. l. si, § 5,
amended by striking out, in the first and second lines, the words ^^^^ ^ '
"Boston, Cambridge, Chelsea and Watertown", and inserting
in place thereof the words : — cities and towns having listing
boards, — so as to read as follows: — Section 5. The assessors. Assessors to
except in cities and towns having listing boards, shall, before Hsteto^'regis-
June fifteenth in each \'ear, transmit to the registrars of voters trarsandcoi-

,,. -Ill !• • -,^1 • lectors, etc.

the lists required by the preceding section, or certifaed copies
thereof, and shall promptly transmit to the registrars and to the
collector of taxes notice of every addition to and correction in
the lists made by them. Every assessor, assistant assessor and

130

Acts, 1923. —Chap. 131,

G. L. 51, § 6,
amended.

Assessors of
cities and
certain towns
to prepare
street lists, etc.

Lists to be
posted in
certain towns.

G. L. 51, § 7,
amended.

Form and con-
tents of street
lists.

G. L. 51, § 8,
amended.

Assessment or
listing of
persons not
previously
assessed or
listed.

G. L. 51, § 9.
amended.

collector of taxes shall furnish all information in his possession
necessary to aid the registrars in the performance of their
duties.

Section 6. Said chapter fifty-one is hereby further amended
by striking out section six and inserting in place thereof the fol-
lowing:— Section^. Except in cities and towns having listing
boards, the assessors of cities shall, on or before June fifteenth in
each year, and the assessors of towns having over five thousand
inhabitants, according to the latest national or state census,
shall, on or before July first in each year, prepare street lists con-
taining the names of all persons listed by them under section
four for the current year. Such lists shall be arranged by the
smallest subdivision of the city or town for the purpose of voting.
They shall print such lists in pamphlet form, shall deliver to the
registrars as many copies thereof as they may require, and shall
hold the remaining copies for public distribution. In all other
towns they shall, on or before July first in each year, cause such
lists to be prepared and conspicuously posted in two or more
public places in every such town, and such lists may be arranged
alphabetically by names of persons, or by streets.

Section 7. Section seven of said chapter fifty-one is hereby
amended by striking out, in the first line, the words "Boston,
Cambridge, Chelsea and Watertown" and inserting in place
thereof the words : — cities and towns having listing boards, —
so as to read as follows : — Section 7. Except in cities and towns
having listing boards, the assessors shall name or designate in
such street lists all buildings used as residences, in their order
on the street where they are located, by giving the number or
other definite description of each building so that it can be
readily identified, and shall place opposite to or under each
number or other description of a building the name, age and
occupation of every person residing therein on April first of the
current year who is listed under section four, and his residence
on April first of the preceding year.

Section 8. Section eight of said chapter fifty-one is hereby
amended by striking out, in the first and second lines, the words
"Boston, Cambridge, Chelsea and Watertown" and inserting
in place thereof the words: — in one having a listing board, —
so as to read as follows: — Section 8. If a male resident in a
city or town, except in one having a listing board, on April first
was not assessed for a poll tax, or if an exempted soldier or sailor
or a woman in such a city or town was not listed under section
four, such person shall, in order to establish his right to be as-
sessed or listed, present to the assessors before the close of regis-
tration a sworn statement that he was on said day a resident of
such city or town, and a sworn list of his polls and estate. If
the assessors are satisfied that such statement is true, they shall
assess or list him, as the case may be, and give him a certificate
thereof.

Section 9. Section nine of said chapter fifty-one is hereby
amended by striking out, in the second line, the words " Boston,
Cambridge, Chelsea and Watertown" and inserting in place
thereof the words : — one having a listing board, — so as to read

Acts, 1923. —Chap. 131. 131

as follows : — Section 9. A person who becomes a resident of a Certain persona
city or town, except one having a listing board, after April first fo^He^ed'to^
and desires to be registered as a voter shall present to the as- present state-
sessors a sworn statement that he has been a resident therein for ^sessors, etc.
six months immediately preceding the election at which he
claims the right to vote. If the assessors are satisfied that such
statement is true, they shall give him a certificate that he has
been a resident in such cit.y or town for the six months preceding
the election, and shall forthwith notify the registrars of voters
of the city or town, if in the commonwealth, where such person
resided on April first, that they have given such certificate.

Section 10. Section eleven of said chapter fifty-one is g. l. si, § ii,
hereby amended by striking out, in the first and second lines, amended.
the words "Boston, Cambridge, Chelsea and Watertown" and
inserting in place thereof the words : — cities and towns having
listing boards, — so as to read as follows: — Section 11. The Records of
assessors, except in cities and towns having listing boards, shall ^e^g^secT^tc" to
enter the name and residence of each person assessed or certified be kept.
under section eight or section nine in a book provided therefor.

Section 11. Section thirty-five of said chapter fifty-one is g. l. 5i, §35,
hereby amended by striking out, in the first and second lines, the '^™^°*^®"^-
words "Boston, Cambridge, Chelsea and Watertown" and in-
serting in place thereof the words : — cities and towns having
listing boards, — so as to read as follows : — Section 35. Except Registrars to

.,• J , i_ • !• J.' L 1 • i 1 11 compare notices

m cities and to"WTis havmg listmg boards, registrars shall com- of omitted a?-
pare all notices of omitted assessments, transmitted to them by sessments, etc.
the assessors under section four, with the annual register of
voters for the previous year, and if it appears to their satis-
faction that any of said omitted assessments is that of a person
entitled to vote in such previous year they may before the close
of registration enter such name on the current annual register.
In every case they shall require the vote by virtue of which such clerk to
entry or correction is made to be attested by their clerk. attest vote.

Section 12. Section thirty-seven of said chapter fifty-one, g. l. 51, § 37,
as amended by section two of chapter two hundred and nine of ®*°' ^^^ended.
the acts of nineteen hundred and twenty-one, is hereby further
amended by striking out the last sentence and inserting in place
thereof the following : — This section shall not apply to cities
and towns having listing boards, — so as to read as follows : —
Section 37. The registrars, after April first, shall prepare an Registrars to
annual register containing the names of all qualified voters in reg^ter, etc."**'
their city or town for the current year, beginning with said day.
Such names shall be arranged in alphabetical order, and, opposite
to the name of each voter, his residence on April first preceding
or on any subsequent day when he became an inhabitant of the
city or town. The registrars shall enter in the annual register Entries.
every name contained in the lists transmitted to them by the
assessors under section five, which they can identify as that of a
person whose name was borne on the voting list of the city or
town at the last preceding election or town meeting, giving the
residence of each such person on April first, which, in the case
of a person assessed a poll tax, shall be the place at which he was
so assessed. They shall make all inquiries and investigations to make in-

132

Acts, 1923. —Chap. 131.

investigations,
etc.

Notice to voters
whose names
have not been
entered in
register.

Not applicable
to certain cities
and towns.
G. L. 51, § 39,
amended.

Registrars to
transmit to
assessors notice
of error, etc..

G. L. 51, § 42,
amended.

Persons whose
names are not
on annual
register must
apply in per-
son for regis-
tration, etc.

G. L. 51, § 43,
amended.

Male applicant
for registration
to present tax
bill or certifi-
cate, etc.

G. L. 56, § 2,
etc., amended.

Penalty for
false listing in
cities or towns

necessary to identify such person, and they shall not enter in
the annual register the name of a person objected to by any
registrar until such person has been duly notified and given an
opportunity to be heard. They shall forthwith enter in the
annual register the name of every person whose qualifications
as a voter have been determined by them in the current year
and whose name has accordingly been entered in the general
register. They shall, on or before the first Monday of August
in each year, send notice in writing by mail to each voter of the
preceding year w^hose name has not been entered in the annual
register of the current year that his or her name has not been so
entered. This section shall not apply to cities and towns having
listing boards.

Section 13. Section thirty-nine of said chapter fifty-one is
hereby amended by striking out the last sentence and inserting
in place thereof the following : — This section shall not apply to
cities and towns having listing boards, — so as to read as fol-
lows:— Section 39. The registrars shall promptly transmit to
the assessors notice of every error which they discover in the
name or residence of a person assessed. This section shall not
apply to cities and towns having listing boards.

Section 14. Section forty-two of said chapter fifty-one is
hereby amended by striking out, in the fourth line, the words
"Boston, Cambridge, Chelsea or Watertown" and inserting in
place thereof the words : — a city or town having a listing board,
— so as to read as follows : — Section 4^. Every person, male or
female, whose name has not been entered on the annual register
in accordance with section thirty-four, thirty-five or thirty-seven,
or a corresponding provision of law applicable to a city or town
having a listing board, must, in order to be registered, apply in
person for registration and prove that he is qualified.

Section 15. Section forty-three of said chapter fifty-one is
hereb}' amended by striking out, in the first and second lines, the
words "Boston, Cambridge, Chelsea and Watertown" and in-
serting in place thereof the words : — cities and towns having
listing boards, — so as to read as follows : — Section 43. Every
male applicant for registration, except in cities and towns having
listing boards, whose name has not been transmitted to the
registrars as provided in section five, shall present a tax bill or
notice from the collector of taxes, or a certificate from the asses-
sors showing that he was assessed as a resident of the city or town
on April first preceding, or a certificate that he became a resident
therein at least six months preceding the election at which he
claims the right to vote, and the same shall be prima facie evi-
dence of his residence.

Section 16. Section two of chapter fifty-six of the General
Laws, as amended by section six of chapter one hundred and
fourteen of the acts of nineteen hundred and twenty-one, is
hereby further amended by striking out, in the second line, the
words "Boston, Cambridge, Chelsea or Watertown" and insert-
ing in place thereof the words : — a city or town having a listing
board, — so as to read as follows : — Section 2. A member of the
hsting board or a police officer or interpreter in a city or town

Acts, 1923. —Chap. 131. 133

having a listing board who knowingly enters on any list of ^^^^ ^ ''^*'"^
persons, or causes, or allows to be entered thereon, or reports the
name of any person as a resident of a building, who is not a
resident thereof, shall be punished by imprisonment for not more
than one year.

Section 17. Section four of said chapter fifty-six is hereby g. l. 56, §4,
amended by striking out, in the first and second lines, the words ^^"C'^f^ed.
"Boston, Cambridge, Chelsea or Watertown" and inserting in
place thereof the words: — a city or town having a listing board,

— so as to read as follows : — Section 4- A member of the listing Penalty for
board or a police officer in a city or town having a listing board by^mem°bor"oV
upon whom a duty is imposed by any law relating to the listing g'f^'^fjj^^ffgg'
or registration of voters, who refuses or wilfully fails to perform or towns hav-
such duty, or who wilfully performs it contrary to law, shall, if board!'^*'"^
no other penalty is specifically provided, be punished by im-
prisonment for not more than one year.

Section 18. Section five of said chapter fifty-six, as amended ^c.!^amende'd.
by section seven of chapter one hundred and fourteen of the acts
of nineteen hundred and twenty-one, is hereby further amended
by striking out, in the fourth and fifth lines, the words " Boston,
Cambridge, Chelsea or Watertown" and inserting in place
thereof the words: — a city or town having a listing board, — so Penalty for
as to read as follows : — Section 5. Whoever, being an inmate of rramror°in-^^
a building and a resident twenty years of age or upward, refuses formation to
or neglects to give his or her true name when asked by an assessor ber of listing
or assistant assessor or, in a city or town having a listing board, "^"^ ' ^^^'
by a member of the listing board or a police officer, or whoever,
being an owner or occupant of a building, or a clerk, superin-
tendent, manager or other person having in charge the affairs of
a hotel or lodging house, refuses or neglects to give the full and
true information within his or her knowledge relating to all
persons residing in such building, when asked by such assessor
or other officer, shall be punished by imprisonment for not more
than three months.

Section 19. Section six of said chapter fifty-six, as amended ^- ^- ^^' ^,\

1 • • 1 !> • 1 1 1 1 1 1 !• • *^**'' amended.

by section eight of said chapter one hundred and fourteen, is
hereby further amended by striking out, in the third and fourth
lines, the words "Boston, Cambridge, Chelsea or Watertown"
and inserting in place thereof the words : — a city or town having
a listing board, — and by striking out, in the eighth line, the
word "town" and inserting in place thereof the word: — towns,

— so as to read as follows : — Section 6. Whoever knowingly Penalty for
gives to an assessor or assistant assessor, for the purpose of the fnformatlon to
assessment of a poll tax or in a city or touTi having a listing assessor mem-
board to a member of the listing board or a police officer, for the board, etc.
purpose of making a list of residents twenty years of age or up-
ward or a report under the laws relating to listing and registration

of voters in said cities and towns, the name of any person as a
resident of a building, who is not a resident thereof, shall be
punished by imprisonment for not more than one year.

Section 20. Section seven of said chapter fifty-six, as g. l. 56, § 7,
amended by section fourteen of chapter four hundred and eighty- ^^''- amended.
six of the acts of nineteen hundred and twenty-one, is hereby

134

Acts, 1923. —Chaps. 132, 133.

Penalty for
false oath, etc.,
relative to
qualifioations
for assessment,
etc.

G. L. 56, § 8,
amended.

Penalty for
aiding or
abetting false
oath, etc., rela-
tive to quali-
fications for
being listed,
etc.

further amended by striking out, in the fifth Hne, the word
" Cambridge," — • so as to read as follows : — Section 7. Who-
ever knowingly or wilfully makes a false affidavit, takes a false
oath or signs a false certificate relative to the qualifications of
any person for assessment, listing or registration, or in Chelsea
or Watertown for being given a certificate of residence by the
assessors, shall be punished by imprisonment for not more than
one year.

Section 21. Section eight of said chapter fifty-six is hereby
amended by striking out, in the first line, the words "Boston,
Cambridge, Chelsea or Watertown " and inserting in place thereof
the words : — a city or town having a listing board, — and by
striking out, in the fourth line, the word " Cambridge," — so as
to read as follows : — Section 8. Whoever in a city or town
having a listing board aids or abets a person in knowingly or
wilfully making a false affidavit, taking a false oath or signing
a false certificate, relative to the qualifications of any person for
being listed as a resident thereof, or in Chelsea or Watertown for
being given a certificate of such residence by the assessors, shall
be punished by imprisonment for not more than one year.

Section 22. This act shall take effect upon its passage.

Approved March 21, 1923.

Chap. 1S2 An Act authorizing the city of chelsea to incur

INDEBTEDNESS FOR SCHOOL PURPOSES.

City of Chelsea
may borrow
money for
school pur-
poses.

Chelsea High
School Loan,
Act of 1923.

Be it enacted, etc., as follows:

Section 1. For the purposes of acquiring land for and of
constructing high school buildings or additions to existing school
buildings increasing the floor space thereof, and of originally
equipping and furnishing said buildings or additions, the city of
Chelsea may from time to time borrow such sums as may be
necessary, not exceeding, in the aggregate, seven hundred thou-
sand dollars, and may issue bonds or notes therefor, which shall
bear on their face the words, Chelsea High School Loan, Act of
1923. 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 21, 1923.

Chap. 13S An Act providing for the collection by the commissioner
of corporations and taxation of certain taxes, the
collection of which was not transferred to him by
chapter five hundred and twenty of the acts of nine-
teen hundred and twenty-two.

Emergency pre-
amble.

Whereas, The deferred operation of this act would tend to
defeat its purpose by causing unnecessary delay in the collection
of certain taxes, owing to the fact that the commissioner of
corporations and taxation now has the best facilities for collect-

Acts, 1923. — Chap. 134. 135

ing taxes due the commonwealth, therefore this act is hereby
declared to be an emergency law, necessary for the immediate
preservation of the public convenience.

Be it enacted, etc., as follows:

From and after the date this act takes effect, all the rights, Collection of
powers, duties and obligations of the state treasurer, relative to transferred^^
the collection of taxes assessed under authority of the provisions |rom state
of chapters tAvo hundred and fifty-three and two hundred and commissioner
fifty-five of the General Acts of nineteen hundred and eighteen, and°tTSon!^
chapter three hundred and forty-two of the General Acts of
nineteen hundred and nineteen, chapters five hundred and fifty
and six hundred of the acts of nineteen hundred and twenty and
chapter four hundred and ninety-three of the acts of nineteen
hundred and twenty-one, are hereby transferred to the commis-
sioner of corporations and taxation. All taxes assessed as afore-
said which shall have been committed to the state treasurer for
collection prior to said date are hereby recommitted to said com-
missioner. Approved March 21, 1923.

An Act authorizing the town of swampscott to make an QJidj) \^A

ADDITIONAL WATER LOAN.

Be it enacted, etc., as follows:

Section 1 . For the purpose of extending and relaying its Town of
water mains and improving its water distribution facilities, the maym'ake"n
town of Swampscott may borrow from time to time such sums additional
as may be necessary, not exceeding, in the aggregate, fifty thou- ' ,

sand dollars, and may issue bonds or notes therefor, which shall
bear on their face the words, Swampscott Water Loan, Act of &^ampscott
1923. Each authorized issue shall constitute a separate loan. Act of 1923.'
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 pro-
vided, be subject to chapter forty-four of the General Laws.

Section 2. Said town shall, at the time of authorizing the Payment of
said loan or loans, 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 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 payments on the principal as may
be required under this act shall, without further vote, be as-
sessed by the assessors of said town 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 21, 1923.

136 Acts, 1923. —Chaps. 135, 136.

Chap.135 An Act authorizing the city of haverhill to provide for

THE PERPETUAL CARE AND MAINTENANCE OF A CERTAIN
BURIAL LOT FOR THE BURIAL OF WORLD WAR VETERANS.

Be it enacted, etc., as follows:

MU^miy^pro-'' SECTION 1. The city of Haverhill may appropriate and

vide for care, maintain as a fund, and expend the income of, a sum of not

burial loUor" morc than twenty-five hundred dollars for the purpose of se-

war' veterans ^'^ curing perpetual care and maintenance of the cemetery lot in

Linwood Cemetery in said city, deeded by the trustees of the

Proprietors of Linwood Cemetery to the Haverhill Military

Auxiliary for the burial of world war veterans.

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

Approved March 21, 1923.

Chap.Vd^ An Act relative to the weekly payment of wages of

certain employees.

Be it enacted, etc., as follows:

^c ^amended ^' Scctiou one hundred and forty-eight of chapter one hundred
and forty-nine of the General Laws, as amended by chapter
fifty-one of the acts of nineteen hundred and twenty-one, is
hereby further amended by striking out from the beginning of
the first sentence down to and including the word "payment"
in the eleventh line and inserting in place thereof the following:
— Every person engaged in carrying on in a city a hotel or club,
and every person engaged in carrying on within the common-
wealth a theater, moving picture house, dance hall, factory,

• workshop, manufacturing, mechanical or mercantile establish-

ment, mine, quarry, railroad or street railway, or telephone, tele-
graph, express, transportation or water company, or in the
erection, alteration, repair or removal of any building or struc-
ture, or the construction or repair of any railroad, street railway,
road, bridge, sewer, gas, water or electric light works, pipes or
lines, and every person employing janitors, porters or watchmen,
shall pay weekly each employee engaged in his business the
wages earned by him to within six days of the date of said pay-
ment if employed for six daj's in a week or to within seven days
of the date of said payment if employed seven days in the week.

Weekly pay- — so as to read as follows: — Section I48. Every person en-

S^c^rtain em- gaged in Carrying on in a city a hotel or club, and every person
engaged in carrying on within the commonwealth a theater,
moving picture house, dance hall, factory, workshop, manu-
facturing, mechanical or mercantile establishment, mine, quarry,
railroad or street railway, or telephone, telegraph, express, trans-
portation or water company, or in the erection, alteration, repair
or removal of any building or structure, or the construction or
repair of any railroad, street railway, road, bridge, sewer, gas,
water or electric light works, pipes or lines, and every person
employing janitors, porters or watchmen, shall pay weekly each
employee engaged in his business the wages earned by him to
within six days of the date of said payment if employed for six

Acts, 1923. — Chap. 137. 137

days in a week or to within seven days of the date of said pay-
ment if employed seven days in the week; but any employee When certain
leaving his employment shall be paid in full on the following siTaU^bcfpaid
regular pay day; and any employee discharged from such em- mfuH-
ployment shall be paid in full on the day of his discharge, or in
Boston as soon as the laws requiring pay rolls, bills and accounts
to be certified shall have been complied with; and the common-
wealth, its departments, officers, boards and commissions shall
so pay every mechanic, workman and laborer employed by it or
them, and every person employed by it or them in any penal or
charitable institution; and every county and city shall so pay
every employee engaged in its business the wages or salary earned
by him, unless such mechanic, workman, laborer or employee
requests in WTiting to be paid in a different manner; and every
town shall so pay each employee in its business if so required by
him ; but an employee absent from his regular place of labor at Employee
a time fixed for payment shall be paid thereafter on demand, ^n demand.
This section shall not apply to an employee of a co-operative Not applicable
corporation or association if he is a stockliolder therein unless he '^^ certain cases.
requests such corporation to pay him weekly. The department Exemptions by
of public utilities, after hearing, may exempt any railroad cor- puwlc utmties.
poration from paying weekly any of its employees if it appears
that such employees prefer less frequent payments, and that
their interests and the interests of the public will not suffer
thereby. No person shall by a special contract with an employee No exemptions
or by any other means exempt himself from this section or sec- tracT^"'' '^°""
tion one hundred and fifty. Whoever violates this section shall Penalty.
be punished by a fine of not less than ten nor more than fifty
dollars. Approved March 21, 1923.

An Act relative to the contents of the standard fire Chap. 137

INSURANCE policy.

Be it enacted, etc., as follows:

■ Section ninety-nine of chapter one hundred and seventy-five g. l. 175, § 99,
of the General Laws is hereby amended by striking out the ^■"^"^®'^-
clause entitled "First" and inserting in place thereof the fol-
lowing:— First, A company may print on or in its policies its Contents of
name, location, date of incorporation, plan of operation, whether Lsurance
stock or mutual, and, if the former, the amount of its paid-up policy.
capital stock. A company may also print on or in its policies
the names of its officers and agents, the number and date of the
policy, the words, "Amount $ , Rate ,

Premium $ ," and, if the policy is issued through an

agent, the words, "This policy shall not be valid until counter-
signed by the duly authorized agent of the company at ",
and may in lieu of inserting the date in the teste clause specified
in said standard form, add to the phrase hereinbefore quoted
the words, " Countersigned at , this day of
, 19 . Agent." A mutual company shall
fix the contingent* mutual liability of its members for the pay-
ment of losses and expenses not provided for by its cash funds
and shall print on the filing-back of its policies the notice required

138 Acts, 1923. —Chaps. 138, 139, 140.

by section seventy-six, the endorsement required by section
eighty and the statement required by section eighty-one.
in Heu^of^^ A Company described in the first paragraph of section one

teste clause. hundred and fifty-five may in lieu of said teste clause use the
following: — "In witness whereof, the said company

has caused this policy to be signed by its resident manager in
the United States at their office in (date)."

Approved March 21, 1923.

Chap. ISS An Act authorizing the city of chicopee to pension

MICHAEL FLYNN.

Be it enacted, etc., as follows:

City of Section 1. The city of Chicopee may retire Michael Flynn,

pension Michael at present an employee of its electric light department, on an
^^y^^- annual pension equal to one half his present annual compensa-

tion.
To be sub- SECTION 2. This act shall take effect upon its acceptance by

council, etc. votc of the city council of said city, subject to the provisions of
Proviso. its charter; provided, that such acceptance occurs prior to

December thirty-first in the current year.

Approved March 21, 1923.

Chap. 139 An Act relative to the form of workmen's compensation

INSURANCE POLICIES.

Be it enacted, etc., as follows:

re' eaied^' ^ ^*' SECTION 1. Section fifty-four of chapter one hundred and

fifty-two of the General Laws is hereby repealed.
G- ^i®?' ^ ^^' Section 2. Section fifty-five of said chapter one hundred
and fifty-two is hereby amended by striking out, in the first line,
the words "such policy of" and inserting in place thereof the
words: — policy of workmen's compensation, — so that the first
Form of work- paragraph will read as follows : — No policy of workmen's com-
pensation"rn- pcnsatiou iusuraucc shall be issued or delivered until a copy
surance thereof has been filed with the commissioner of insurance at least

thirty days prior to such issue or delivery, unless before the ex-
piration of the thirty days the said commissioner shall have ap-
proved the form of the polic}^ in writing, nor if the commissioner
notifies the company in writing that in his opinion the form of
said policy does not comply with the laws of the common-
Proviso, wealth, specifying the reasons for his opinion; provided, that
upon petition of the company the opinion of the commissioner
shall be subject to review by the supreme judicial court.

Approved March 21, 1923.

Chap. 14^0 An Act relative to the sale or transfer of the assets

OF A FOREIGN BUSINESS CORPORATION.

Be it enacted, etc., as follows:

GL-63,§76, Section seventy-six of chapter sixty-three of the General
Laws is hereby amended by inserting after the word "corpora-

policies.

Acts, 1923. —Chap. 141. 139

tion" in the fourth Hne the words: — , or of any part or the

whole of the assets situated in the commonwealth of a foreign

business corporation, — so as to read as follows: — Section 76. of^ssetl^or^^'^

The sale or transfer, otherwise than in the ordinary course of domestic or

trade and in the regular and usual prosecution of the corpora- corporations" ^

tion's business, of any part or the whole of the assets of a domestic J °ses.'" '^®'^**''^

business corporation, or of any part or the whole of the assets

situated in the commonwealth of a foreign business corporation,

shall be fraudulent and void as against the commonwealth,

unless such corporation shall, at least five days before the sale

or transfer, notify the commissioner of the proposed sale or

transfer and of the price, terms and conditions thereof, and of

the character and location of said assets. Whenever such a Tax imposed,

corporation shall make such a sale or transfer, the tax imposed

by this chapter shall become due and payable at the time when

the commissioner is so notified, or, if he is not so notified, at the

time when he should have been notified.

This section shall not apply to sales by receivers, assignees when not ap-
under a voluntary assignment for the benefit of creditors, trustees ^ ^^^ ^'
in bankruptcy, or public officers acting under judicial process.

Approved March 21, 1923.

An Act authorizing the county of Worcester to borrow QJidj) \^\

MONEY FOR THE PURPOSE OF ENLARGING THE COUNTY COURT
HOUSE IN THE CITY OF WORCESTER.

Be it enacted, etc., as follows:

Section 1. For the purpose of constructing necessary addi- County of
tions to and alterations in the county court house in the city of borrow money
Worcester, and of furnishing and equipping the same, and for etc.^°ountv^'
the purpose of acquiring by purchase or otherwise such additional court house in

1 ] U \.t t 4-1. 4. • • t city of Woices-

land as may be necessary tnereior, the county commissioners of ter.
the county of W'orcester may from time to time borrow upon
the credit of the county such sums as may be necessary, not ex-
ceeding, in the aggregate, forty thousand dollars, and may issue
bonds or notes of the county therefor. Each authorized issue
shall constitute a separate loan, and such loans shall be payable
in not more than five years from their dates. Such bonds or
notes shall be signed by the treasurer of the county and counter-
signed by a majority of the county commissioners. The county
may sell the said securities at public or private sale upon such
terms and conditions as the county commissioners may deem
proper, but not for less than their par value. Indebtedness in-
curred hereunder shall be subject to chapter thirty-five of the
General Laws.

Section 2. This act shall take effect upon its acceptance by To besub-
the county commissioners of Worcester county; provided, that wwxester
such acceptance occurs prior to December thirty-first in the county com-

A 1 nf 1 ^., v^^^ missioners.

current year. Approved March 21, 1923. Proviso.

140

Acts, 1923. — Chaps. 142, 143.

Chap. 14:2 An Act divesting the boston duck company of its poweks

TO SUPPLY WATER AND TO MANUFACTURE, SELL AND DIS-
TRIBUTE ELECTRICITY, AND MAKING IT A DOMESTIC BUSINESS
CORPORATION.

Be it enacted, etc., as follows:

Section 1. Chapter four hundred and fifty-six of the acts

Act extending
corporate
powers of Bos-
ton Duck
Company, re-
pealed.
Boston Duck
Company made
a domestic
business cor-
poration.

of nineteen hundred and nine, being an act to extend the corpo-
rate powers of the Boston Duck Company, is hereby repealed.
Section 2. The Boston Duck Company shall hereafter be
subject in all respects to all general laws applicable to business
corporations, and have all the powers thereby conferred on
domestic business corporations, notwithstanding any limitations
to the contrary hereinbefore enacted by special law.

Approved March 21, 1923.

G. L. 171, new
section after
§ 16.

Credit unions
to maintain a
reserve fund,
when.

C/iap. 143 An Act providing for a reserve fund for credit unions

AND REGULATING THE PAYMENT OF DIVIDENDS BY THEM.

Be it enacted, etc., as follows:

Section 1. Chapter one hundred and seventy-one of the
General Laws is hereby amended by inserting after section six-
teen the following new section: — Section 16 A. If the losses and
bad debts of a credit union at the end of any fiscal year exceed
twenty per cent of the guaranty fund, including the amount
required by law to be contributed at the end of that year to said
fund, there shall be maintained a reserve fund which shall before
the payment of an annual dividend be made equal, by payments
from the earnings of that year, to the amount by which the
losses and bad debts at the end of that year exceed twenty per
cent of the guaranty fund, including the aforesaid contribution
for that year; provided, that the excess in any subsequent year
over the amount required to be maintained for that year as a
reserve fund may be transferred from such fund and made avail-
able for the payment of dividends. All debts due to any credit
union on which interest or partial payments on the principal
are due and unpaid for a period of six months, unless the same
are well secured and in process of collection, shall be considered
bad debts within the meaning of this section.

Section 2. Section twenty-three of said chapter one hun-
dred and seventy-one, as amended by chapter fifty-four of the
acts of nineteen hundred and twenty-three, is hereby further
amended by striking out the first paragraph and inserting in
place thereof the following : — Section 23. At the annual meeting
a dividend may be declared from the earnings which have
actually been collected during the fiscal year next preceding and
which remain after the deduction of all expenses, interest on de-
posits and the amounts required to be set apart to the guaranty
fund by section sixteen and to the reserve fund" by section sixteen
A, or such dividend may be declared in whole or in part from the
undivided earnings of preceding years remaining after the afore-
said deductions for said years. Approved March 21, 1923.

Proviso.

Certain debts
to be con-
sidered bad
debts.

G. L. 171, § 23,
etc., amended.

Payment of
dividends by
credit unions.

Acts, 1923. — Chaps. 144, 145. 141

An Act relative to the compensation of fish and game (JJin^j 144

WARDENS IN CITIES AND TOWNS. ^'

Be it enacted, etc., as follows:

Section seven of chapter twenty-one of the General Laws is g. l. 21, § 7,
hereby amended by striking out, in the twelfth line, the word a^™ended.
"fifty", and inserting in place thereof the words: — one hun-
dred,— and by inserting before the word "paid", in the same
line, the words: — determined and, — so as to read as follows:
— Section 7. Except as provided in the following section, the Division of
director mav, subject to the approval of the commissioner, ap- fisheries and

, " •' , ^V , , , 1 • 1 S=in'S, experts,

pomt and remove such experts, fash and game wardens, clerical fish and game
and other assistants as the work of the division may require, and Tppofntmen't,'
fix their compensation, which shall be paid by the common- compensation,
wealth. On written application of the city council of a city or pish and game
the selectmen of a town, he may, subject to like approval, ap- ^tfe*s'^"^j^
point in such city or town, from a list of names to be submitted towns, appoint-
to him b}' such city council or selectmen, a fish and game warden, ^n^a'tFon^'etc
who shall act under his authority and instructions and have the
same powers and duties as a fish and game warden appointed as
above provided; the annual compensation of every such warden,
not exceeding one hundred dollars, shall be determined and paid
by the city or town in which he is appointed. The director may
also, gubject to like approval, appoint deputy fish and game
wardens who shall serve without compensation.

Approved March 21, 1923.

Chap. 14:5

An Act relative to the distribution to towns for school
salaries of a portion of the proceeds of the income

TAX.

Be it enacted, etc., as follows:

Section 1. Section one of chapter seventy of the General g. l. 70, §1,
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 : — Section 1 . The state Reimbursement
treasurer shall annually, on or before November twentieth, pay [ax"to^dt°iS''
to the several towns from the proceeds of the tax on incomes, and towns for
which shall be available therefor without appropriation, the salaries!*^ °°^
sums required for the purposes of Part I of this chapter, as part
reimbursement for salaries paid to teachers, supervisors, prin-
cipals, assistant superintendents and superintendents for services
in the public day schools rendered during the year ending the
preceding June thirtieth.

Section 2. Section seven of said chapter seventy, as g. l. 70, § 7,
amended by section two of chapter three hundred and thirty- ^^^-^ *'"^°«^®'^-
three of the acts of nineteen hundred and twenty-two, is hereby
further amended by striking out, in the third line, the words
"August first" and inserting in place thereof the words: — July
twenty-fifth, — by striking out, in the eleventh line, the words
"state auditor" and inserting in place thereof the word: —
comptroller, — and by adding at the end thereof the following : —

142

Acts, 1923. —Chaps. 146, 147.

Superintend-
ents of schools
to file with
commissioner
of education
statements, etc,

Certification to
comptroller of
amount due,
etc.

Estimates to
commissioner
of corporations
and taxation of
amount pay-
able, etc.

The commissioner shall, not later than July twenty-seventh,
prepare and transmit to the commissioner of corporations and
taxation a list containing an estimate based on the information
then in his possession of the amount payable under said Part I
to each town for the current year, — so as to read as follows : —
Section 7. Every superintendent of schools shall file with the
commissioner of education, not later than July twenty-fifth in
each year, a sworn statement, upon blanks prepared by the
commissioner, containing the data necessary to determine the
amounts payable under Part I of this chapter. Before filing
such statement, the superintendent shall submit it to the chair-
man of the school committee, who shall countersign it on oath,
if, after examination, he finds it correct. The commissioner shall
cause such statements to be examined, and shall certify to the
comptroller the amount due each town. The commissioner
shall, not later than July twenty-seventh, prepare and transmit
to the commissioner of corporations and taxation a list contain-
ing an estimate based on the information then in his possession
of the amount payable under said Part I to each town for the
current year. Approved March 21, 1923.

Chap.UQ

Publication of
certain cor-
porate matter
discontinued.
Time of taking
effect.

An Act relative to the publication by the state secre-
tary OF CERTAIN MATTER RELATIVE TO CERTAIN CORPORA-
TIONS. ^

Be it enacted, etc., as follows:

Section 1. Section eighteen of chapter nine of the General
Laws is hereby repealed.

Section 2. This act shall take effect as of January first of
the current year. Approved March 21, 1923.

Chap. 14:7 An Act relative to the disposition of corn stalks and

STUBBLE IN CONNECTION WITH THE SUPPRESSION OF THE
EUROPEAN CORN BORER.

Be it enacted, etc., as follows:

Section 1. Section thirty of chapter one hundred and
twenty-eight of the General Laws is hereby amended by striking
out, in the second line, the word "or", and by inserting after the
word "thirty-one" in the same line the w^ords: — and section
thirty-one A, — so as to read as follows : — Section 30. All
prosecutions under sections sixteen to twenty-seven, inclusive,
section thirty-one and section thirty-one A shall be instituted
by the commissioner and shall be directed by him.

Section 2. Said chapter one hundred and twenty-eight is
hereby further amended by inserting after section thirty-one the
following new section: — Section 31 A. In any town or part
thereof in which an order issued under the preceding section in
connection with the suppression of the European corn borer
shall be in effect, every person in possession of land on which
corn of any kind has been grown, shall, not later than December
first of the year of its growth, plow or cause to be plowed the

G. L. 128, § 30,
amended.

Prosecutions
under certain
laws as to
European corn
borer, etc.

G. L. 128, new
section after
§31.

Disposition of
corn stalks and
stubble in con-
nection with
suppression of
European corn
borer.

Acts, 1923. —Chaps. 148, 149. 143

field in which it was grown, so as to bury the stubble to a depth
of at least six inches, or pull up said stubble or cause it to be
pulled up and destroy it, or cause it to be destroyed, by burning,
and every person having in his possession corn stalks shall, not
later than April tenth of the year following that of their growth,
completely dispose of such corn stalks by using them as fodder
or by burning them. Whoever violates any provision of this Penalty.
section shall be punished by a fine of not less than twenty-five
nor more than five hundred dollars.

Approved March 21, 1923.

Chap.US

An Act relative to the raising of money by taxation

BY the DRACUT water SUPPLY DISTRICT.

Be it enacted, etc., as follows. •

Section 1. Section six of chapter four hundred and thirty- 1905,433, §6,
three of the acts of nineteen hundred and five is hereby amended '^'°^'^^<^'^-
by striking out, in the fourteenth and fifteenth lines, the words
" , not exceeding two thousand dollars in any one year,", — so
as to read as follows : — Section 6. Said district shall raise by Raising of
taxation annually a sum which with the income derived from the taxation by
sale of water and the payments from the town of Dracut for ^J'^"^* ^^'^*'®''
hydrant service will be sufficient to pay the current annual ex- District.
penses of operating its water works and the interest accruing on
the bonds issued by said district, together with such payments
on the principal as may be required under the provisions of this
act. Said district is further authorized, by a two thirds vote of
the voters thereof present and voting at a legal meeting called
for the purpose, to raise by taxation any sum of money for the
purpose of enlarging or extending its water works and providing
additional pipes, appliances and fixtures connected therewith.

Section 2. This act shall take effect upon its acceptance by To be sub-
a majority vote of the voters of the Dracut Water Supply Dis- voters o*f°dis-
trict present and voting thereon; provided, that such acceptance trict, etc.
occurs not later than one year from the date of the passage of '■°^°-
this act. Approved March 21, 1923.

An Act regulating the payment of losses under certain (Jhnj) 1 49
policies of liability insurance. ^'

Be it enacted, etc., as follows:

Section 1. Chapter one hundred and seventy-five of the g. l. 175, § 112,
General Laws is hereby amended by striking out section one hun- a^mended.
dred and twelve and inserting in place thereof the following: —
Section 112. The liability of any company under a policy in- Payment of
suring against liability for loss or damage on account of bodily certrin^poficies
injury or death by accident or on account of damage to property of liability in-
shall become absolute whenever such loss or damage, for which uled^^ ^^^^'
the insured is responsible, occurs, and the satisfaction by the
insured of a final judgment for such loss or damage shall not be
a condition precedent to the right or duty of the company to
make payment on account of said loss or damage. No such con-

144

Acts, 1923. —Chap. 150.

G. L. 175, § 113,
amended.

Rights of
judgment
creditor to have
insurance
money applied,
etc.

G. L. 214, § 3,
el. 10,
amended.

Equity juris-
diction of
supreme
judicial and
superior courts
as to certain
liability in-
surance
policies.

tract of insurance shall be cancelled or annulled by anj^ agree-
ment between the company and the insured after the said insured
has become responsible for such loss or damage, and any such
cancellation or annulment shall be void.

Section 2. Said chapter one hundred and seventy-five is
hereby further amended by striking out section one hundred and
thirteen and inserting in place thereof the following: — Section
113. Upon the recovery of a final judgment against any person
by any person, including executors or administrators, for any
loss or damage specified in the preceding section, if the judg-
ment debtor was at the accrual of the cause of action insured
against liability therefor, the judgment creditor shall be entitled
to have the insurance money applied to the satisfaction of the
judgment as provided in the tenth clause of section three of
chapter two hundred and fourteen.

Section 3. Section three of chapter two hundred and four-
teen of the General Laws is hereby amended by striking out the
tenth clause and inserting in place thereof the following : —
{10) Suits to reach and apply in satisfaction of a judgment for
loss or damage for bodily injury or death by accident or for
damage to property, which has not been satisfied within thirty
days after the date when it was rendered, the obligation of an
insurance company to the judgment debtor under a policy in-
suring him against liability for loss or damage from such injury
or death by accident or such damage to property.

Approved March 21, 1923.

Chap. 150 An A<^t extending the powers of certain special state

POLICE OFFICERS.

G. L. 127, § 127,
amended.

Certain .special
state police
officers, ap-
pointment,
etc.

May serve cer-
tain warrants,
etc.

May perform
certain police
duty.

Be it enacted, etc., as follows:

Section one hundred and twenty-seven of chapter one hundred
and twenty-seven of the General Laws is hereby amended by in-
serting after the word "commissioner" in the sixth line the fol-
lowing : — and warrants issued by any court or trial justice in
the commonwealth for the arrest of a person charged with the
crime of escape or attempt to escape from a penal institution or
from the custody of an officer while being conveyed to or from
any such institution, — so as to read as follows: — Section 127.
The governor, upon the "^vTitten recommendation of the com-
missioner, may appoint any agent or employee of the depart-
ment of correction or any employee of any penal institution a
special state police ofiicer for a term of three years, unless sooner
removed. Officers so appointed may serve warrants and orders
of removal or transfer of prisoners issued by the commissioner
and warrants issued by any court or trial justice in the common-
wealth for the arrest of a person charged with the crime of escape
or attempt to escape from a penal institution or from the custody
of an officer while being conveyed to or from any such institu-
tion, and may perform police duty about the premises of penal
institutions, Approved March 21, 1923.

Acts, 1923. — Chaps. 151, 152. 145

An Act relating to reviewing boards of the department Qhn'n 1 51
OF industrial accidents. ^'

Be it enacted, etc., as follows:

Chapter twenty-four of the General Laws is hereby amended Amended ^ ^'
by striking out section three and inserting in place thereof the
following: — Section 3. The chairman shall from time to time Reviewing
appoint one or more reviewing boards, each reviewing board to partment of"
consist of not less than three members, to decide matters required ^^^jf^"^'
to be heard by such a board. Approved March 21, 1923.

An Act relative to the appointment and payment of the nhnj^ 1 50
third referee in references under the standard fire ^'

insurance policy and providing a penalty for refusal
TO join in such references.

Be it enacted, etc., as follows:

Section one hundred of chapter one hundred and seventy-five o. l. 175, § 100,
of the General Laws is hereby amended by inserting after the amended.
word "property" in the first and second lines the words: — or
interests, — by striking out, in the sixteenth line, the words
"their appointment" and inserting in place thereof the words:
— the appointment of the referee by the company, — by striking
out all after the word "parties" in the twentieth line down to
and including the word "expenses" in the twenty-fifth line and
inserting in place thereof the following: — The company shall
withhold from the amount of the award rendered one half of the
compensation and expenses of the third referee in all cases and
shall thereupon pay to the said referee the full amount of his
compensation and expenses. Upon written petition by any
party in interest to the commissioner, in such form as he may
require, within twenty days from the publication of the award,
the compensation of said third referee shall be subject to review
and approval by the commissioner and his decision in respect
thereto shall be final and conclusive upon the parties, — and by
adding at the end thereof the two following new paragraphs : —
A company which in compliance with this section joins in
reference proceedings shall not thereby be held to have waived
any legal defense to the claim in respect to which the reference
proceedings are held and such proceedings shall fix only the
amount of the loss or damage sustained by the insured and the
sound value of the property as hereinbefore provided, unless
both parties shall agree in writing that the reference shall be
held and shall proceed under the provisions of chapter two hun-
dred and fifty -one.

A company, or an officer, agent, adjuster or representative
thereof having authority to represent the company in respect to
a reference under this section, who wilfully refuses to comply
with the provisions of this section shall be punished by a fine of
not less than one hundred nor more than five hundred dollars,
-- go SI'S to read as follows: — Section 100. In case of loss under Appointment

of referees

146

Acts, 1923. — Chap. 152.

under stand-
ard fire insur-
ance policies .

Third referee,
appointment
by commis-
sioner of insur-
ance, when.

Compensation
and expenses of
third referee.

Review, etc.,
by commis-
sioner of in-
surance.

Referees to
determine
sound value,
when.

Legal defenses

not waived by

company

joining in

reference

proceedings,

etc.

Penalty for
refusal to
join in refer-
ences.

any fire policy issued on property or interests in the common-
wealth in the standard form set forth in the preceding section,
and the failure of the parties to agree as to the amount of loss,
the company shall, within ten days after a written request to
appoint referees under the provision for arbitration in such
policy, name three men no one of whom shall, without the
written consent of the insured, be a person who has served in
that capacity for said company within four months, each of
whom shall be a resident of the commonwealth and willing to
act as one of such referees, of whom the insured shall, within
ten days after recei\ang said names, make known to the company
his choice of one to act as one of such referees; and such com-
pany shall, within ten days after receiving the names of three
men named by the insured, make known to the insured its choice
of one of them to act as one of such referees. And in case of the
failure of two referees chosen, respectively, by the company and
the insured to agree upon and select, within ten days from the
appointment of the referee by the company, a third referee
willing to act in said capacity, either of said referees or parties
may make written application, setting forth the facts, to the
commissioner to appoint such third referee; and said commis-
sioner shall thereupon make such appointment, and shall send
written notification thereof to the parties. The company shall
withhold from the amount of the award rendered one half of the
compensation and expenses of the third referee in all cases and
shall thereupon pay to the said referee the full amount of his
compensation and expenses. Upon written petition by any party
in interest to the commissioner, in such form as he may require,
within twenty days from the publication of the award, the com-
pensation of said third referee shall be subject to review and ap-
proval by the commissioner and his decision in respect thereto
shall be final and conclusive upon the parties.

If a policy of fire insurance contains a reduced rate or co-
insurance clause, and if, in case of loss, the parties do not agree
as to the sound value of the property affected, such value shall
be determined by the referees chosen to determine the loss or
damage. If the parties agree as to the loss or damage, but do
not agree as to the amount of the sound value, said value shall
be determined by referees appointed as provided in and subject
to the provisions of this section and of said standard form. An
award in writing of a majority of the referees shall be final and
conclusive on the parties as to the amount of the sound value.

A company which in compliance with this section joins in
reference proceedings shall not thereby be held to have waived
any legal defense to the claim in respect to which the reference
proceedings are held and such proceedings shall fix only the
amount of the loss or damage sustained by the insured and the
sound value of the property as hereinbefore provided, unless
both parties shall agree in writing that the reference shall be
held and shall proceed under the provisions of chapter two hun-
dred and fifty-one.

A company, or an officer, agent, adjuster or representative
thereof having authority to represent the company in respect to

Acts, 1923. —Chaps. 153, 154, 155. 147

a reference under this section, who wilfully refuses to comply
with the provisions of this section shall be punished by a fine of
not less than one hundred nor more than five hundred dollars.

Approved March 21, 1923.

An Act relative to the transaction of steam boiler, nij^ij) i ^Q

FLYWHEEL AND ENGINE INSURANCE BY DOMESTIC MUTUAL ' ^'
LIABILITY INSURANCE COMPANIES.

Be it enacted, etc., as follows:

Section fifty-four of chapter one hundred and seventy-five of G- l. 175, § 54,
the General Laws is hereby amended by striking out clause (b) amended.
and inserting in place thereof the following: — (6) The fifth, Transaction of
subject to the written approval of the commissioner, if authorized ltc.,"insm-ance
to transact the sixth, subdivision (6) ; provided, that no policy mutouffibiiity
shall be issued under the fifth clause until applications have been insurance
made for not less than one hundred separate policies, aggregating pr^vi^o!^^'
at least one million dollars of insurance, covering any of the
hazards specified in said fifth clause. The provision of section Certain pro-
twenty-one that a mutual boiler company may insure in a single app^kaWe etc
risk an amount of not exceeding one fourth of its net assets shall
not apply to mutual companies acting under this paragraph.

Approved March 21, 1923.

An Act regulating the conduct of hawkers and pedlers. (JJid^p 154

Be it enacted, etc., as follows:

Section thirty of chapter one hundred and one of the General ^^'dg^J' ^^°'
Laws is hereby amended by inserting after the word "revoca-
tion" in the third line the following: — , or upon the submission
to the director of evidence satisfactory to him that the licensee
has, during the term of the license, accepted or solicited money
otherwise than through the bona fide sale or barter of goods,
wares or merchandise or has in any manner during said term
begged or solicited alms from the public, — so as to read as fol-
lows : — Section 30. Any license granted by the director to a Revocation of
haw^ker or pedler may be revoked by him upon conviction of ha^kera°and
the licensee of any crime which in the judgment of the director pedlers.
warrants such revocation, or upon the submission to the director
of evidence satisfactory to him that the licensee has, during the
term of the license, accepted or solicited money otherwise than
through the bona fide sale or barter of goods, wares or merchan-
dise or has in any manner during said term begged or solicited
alms from the public. Whenever any person is convicted of a Notice of
violation of any provision of this chapter, relative to hawkers vlctions'^to"
and pedlers, or a person holding such a license is convicted of director.
any crime, the clerk of the court in which, or the trial justice by
whom, such person was convicted shall notify the director.

Approved March 21, 1923.

An Act relative to the sale of coal. Chap. 15b

Whereas, The deferred operation of this act would in part de- Emergency
feat its purpose and be inconsistent with the public interest, pr^^^jbie.

148

Acts, 1923. — Chap. 155.

therefore it is hereby declared to be an emergency law, necessary
for the immediate preservation of the public health and con-

venience.

G. L. 94, new
sections after
§ 249.

Entry of cer-
tain places for
inspection, etc.,
of coal by
certain officials,
etc.

Analysis of
samples, etc.

Condemnation,
seizure, etc.,
of unfit coal.

Disposition of
money received
for coal dis-
posed of, etc.

Penalty for
interference,
etc., with
officials, etc.

Penalty for
sale, etc., of
condemned
coal.

Penalty for
sale, etc.,
of coal unfit
for ordinary
use.

Penalty for
placing, etc.,
foreign sub-
stances with
coal in re-
ceptacles, etc.

Enforcement
of laws.

Be it enacted, etc., as follows:

Section 1. Chapter ninety-four of the General Laws is
hereby amended by inserting after section two hundred and
forty-nine the six following new sections: — Section 2 49 A. The
department of public health, local boards of health, the director
of standards and local sealers of weights and measures, by them-
selves or by their authorized agents, may enter each place where
coal is stored or kept for sale and each railroad train or car or
any vehicle used for its conveyance and may inspect said coal
or take therefrom samples for analysis or inspection. Said de-
partment or board shall cause each sample taken to be analyzed,
inspected or otherwise satisfactorily tested and shall record and
preserve as evidence the results thereof. If, in the opinion of
said department or board, upon inspection, analysis or other
satisfactory test, said coal is unfit for ordinary use, said depart-
ment, or said board with the approval of said department, may
condemn, seize and cause the same to be destroyed forthwith or
disposed of otherwise than for ordinary use. All money received
by said department or board for coal disposed of as aforesaid,
after deducting the expenses of said seizure and disposal, shall
be paid to the owner of such coal. Section 249B. Any person
who hinders, obstructs or interferes with the department of
public health, local boards of health, the director of standards,
local sealers of weights and measures, or their authorized agents,
in the performance of their duty under the preceding section,
shall be punished by a fine of not less than one hundred nor more
than one thousand dollars or by imprisonment for not less than
one month nor more than one year, or both. Section 2Jf9C.
Whoever, by himself, or by his servant, agent or employee, sells,
exposes or offers for sale, or has in his custody or possession with
intent to sell, coal condemned under the provisions of section
two hundred and forty-nine A shall be punished by a fine of not
less than one hundred nor more than one thousand dollars or
by imprisonment for not less than one month nor more than one
year, or both. Section 249D. Whoever, by himself, or by his
servant, agent or employee, sells, exposes or offers for sale, or
has in his custody or possession with intent to sell, coal unfit for
ordinary use shall be punished by a fine of not more than one
thousand dollars or by imprisonment for not more than one year,
or both. Section 249E. Whoever, by himself, or by his servant,
agent or employee, in placing or packing coal in any basket, bag,
sack or other receptacle, places or causes to be placed therein
any foreign substance, or sells, or exposes or offers for sale, or
has in his custody or possession with intent to sell, coal placed
or packed in a basket, bag, sack or other receptacle containing
an unreasonable amount of any foreign substance shall be
punished by a fine of not more than one thousand dollars or by
imprisonment for not more than one year, or both. Section
249F. The department of public health, local boards of health,

Acts, 1923. — Chap. 156. 149

the director of standards and local sealers of weights and meas-
ures shall cause the five preceding sections to be enforced.

Section 2. Section two hundred and forty-eight of said G;.Lj^^;^5^2«'
chapter ninety-four, as amended by section two of chapter
eighty-nine of the acts of nineteen hundred and twenty-one, is
hereby further amended by striking out all after the word
"coal" in the eleventh line and inserting in place thereof the
following: — , or whoever, by himself, or by his servant, agent
or employee, sells or delivers coal which is short in weight or
measure or which contains an unreasonable amount of shale,
slate, rock or other foreign substance, shall be punished by a
fine of not more than one thousand dollars or by imprisonment
for not more than one year, or both. The director of standards
and local sealers of weights and measures shall cause sections two
hundred and forty to two hundred and forty-nine, inclusive, to
be enforced, — so as to read as follows: — Section 2^8. Who- penalties for
ever violates any provision of sections two hundred and forty rdati^g^to^'"'^^
to two hundred and forty-seven, inclusive, except as otherwise sale of coal,
provided therein, or fails to comply with any request for in- etc.^' " ^"""^^ '
formation or direction made under authority of sections two
hundred and forty, two hundred and forty-one, two hundred
and forty-four to two hundred and forty-six, inclusive, or gives
a false answer to any such request, shall be punished by a fine
of not more than fifty dollars; and whoever is guilty of fraud
or deceit as to the w^eighing, selling or delivering of coke, char-
coal or coal, or whoever, by himself, or by his servant, agent or
employee, sells or delivers coal which is short in weight or meas-
ure or which contains an unreasonable amount of shale, slate,
rock or other foreign substance, shall be punished by a fine of
not more than one thousand dollars or by imprisonment for not
more than one year, or both. The director of standards and jAiw'!^'"^"*'
local sealers of weights and measures shall cause sections two
hundred and forty to two hundred and forty-nine, inclusive, to
be enforced.

Section 3. Section one hundred and seventy-seven of said ^^ded.^ ^'^^'
chapter ninety-four is hereby amended by inserting at the be-
ginning thereof the words : — Except as otherwise provided by
section two hundred and forty-eight, — so as to read as follows :
— Section 1 77. Except as otherwise provided by section two Penalty for
hundred and forty-eight, whoever himself or by his servant or weiglftor^^
agent gives or attempts to give false or insufficient weight or measure.
measure shall be punished for the first offence by a fine of not
more than fiifty dollars, for the second ofTence by a fine of not
more than two hundred dollars, and for a subsequent offence by
a fine of fifty dollars and by imprisonment for not less than one
nor more than three months. Approved March 23, 1923.

An Act authorizing the town of edgartown to take QJiav.Xb^

LAND BY EMINENT DOMAIN FOR THE CONSTRUCTION OF A
CHANNEL FROM CAPE POGE POND TO MUSKEGET CHANNEL.

Be it enacted, etc., as follows:

Section 1. The selectmen of the town of Edgartown may Town of Edgar-
take by eminent domain under chapter seventy-nine of the [and for^con^ ^

150

Acts, 1923. — Chaps. 157, 158.

struction of
channel from
Cape Poge
pond to
Muskeget
channel.

General Laws such land in said town or rights therein as may
be necessary for the construction of a channel to connect Cape
Poge pond in said town with Muskeget channel. The selectmen
may assess betterments under chapter eighty of the General
Laws for any improvements resulting from such construction.
Any person injured in his property by any action of said select-
men under this act may recover damages from said town under
said chapter seventy-nine.
Section 2. This act shall take effect upon its passage.

Approved March 23, 1923.

Hyannis Trust
Company may
hold addi-
tional real
estate in town
of Barnstable.

Chap. 1^1 An Act authorizing the hyannis trust company to hold

ADDITIONAL REAL ESTATE IN THE TOWN OF BARNSTABLE.

Be it enacted, etc., as follows:

Section 1. The Hyannis Trust Company, a trust company
organized under the laws of this commonwealth and ha\ing its
usual place of business in the town of Barnstable, may, subject
otherwise to the provisions of section forty-one of chapter one
hundred and seventy-two of the General Laws, as amended by
chapter three hundred and twenty-one of the acts of nineteen
hundred and twenty-two and to the approval of the commis-
sioner of banks, hold real estate in said town suitable for and to
be used in whole or in part for the transaction of its business to
an amount, including the cost of alterations in the nature of
permanent fixtures, not exceeding, directly or indirectly, forty-
five thousand dollars, in addition to the amount permitted by
said section forty-one, amended as aforesaid, to be held by said
trust company on the date of the passage of this act.

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

Approved March 23, 1923.

Chap. 158 An Act establishing a school building commission in the

city of MARLBOROUGH.

School building
commission in
city of Marl-
borough estab-
lished.

Expenditures.

Duration,
vacancies, etc.

Reports.

Be it enacted, etc., as follows:

Section L The persons appointed as members of the new
school building or an addition to the present high school building
construction committee, pursuant to the provisions of an order
numbered thirteen thousand nine hundred and six, adopted by
the city council of the city of Marlborough, and approved by the
mayor on February fourteenth, nineteen hundred and twenty-
three, are hereby constituted a commission to erect a new school
building or an addition to the present high school building for
public school purposes, and to complete and equip the same in
accordance with said order. Said commission shall not expend
or contract to expend more than one hundred thousand dollars
unless such additional expenditure shall first be authorized by
the city council of said city.

Section 2. Said commission shall remain in existence a suf-
ficient time to accomplish the purposes of this act, and any
vacancy therein shall be filled by appointment in the manner
provided for original appointments. The commission shall,

Acts, 1923. —Chaps. 159, 160, 161. 151

annually and whenever required by the mayor or by the city
council, pn^scnt in writino; a report of all its acts and proceedings
and of the condition and progress of the work. The members of Toserve
said commission shall serve without compensation, and shall not pensation, etc
be interested financially, either directly or indirectly, in the
work hereby directed to be done.
Section 3. This act shall take eifect upon its passage.

Approved March 23, 1928.

Chap. 159

An Act authorizing the city of Lawrence to incur in-
debtedness FOR permanent PAVEMENT PURPOSES.

Be it enacted, etc., as follows:

Section 1. For the purpose of completing the construction city of
of granite block pavement on South Broadway in the city of Lawrence may

*^ borrow rnonGV

LawTence from Andover street to the boundary line of the for permanent
town of Andover, said city may from time to time borrow such poJes™^"*^ ^"'^'
sums as may be necessary, not exceeding, in the aggregate,
eighty thousand dollars, and may issue bonds or notes therefor,
which shall bear on their face the words, Lawrence Pavement Lawenee
Loan, Act of 1923. Each authorized issue shall constitute a Loln^'lctof
separate loan. Indebtedness incurred under this act shall be in ^^^s.
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 23, 1923.

Chap.im

An Act relative to the assessment of a portion of the
COST of certain sewers in the town of nahant.

Be it enacted, etc., as follows:

Section six of chapter two hundred and forty-one of the iyi7, 241 (S),
Special Acts of nineteen hundred and seventeen is hereby ^ ^' amended,
amended by inserting after the word "laws" in the eighth line
the words : — , notwithstanding that the public sewers authorized
hereunder are not constructed in public ways, if a public sewer
is available to serve the land abutting on such ways, — so that
the second sentence will read as follows : — In providing for the Assessment of
payment of the remaining portion of the cost of said system or o°certain^ ''°^*
systems the town may avail itself of any or all of the methods sewers in town
permitted b}-- general laws, notwithstanding that the public ° ^ ^'^^'
sewers authorized hereunder are not constructed in public ways,
if a public sewer is available to serve the land abutting on such
ways, and at the same meeting at which it determines the pro-
portion of the cost which is to be borne by the town, it may by
vote determine by which of such methods the remaining portion
of said cost shall be provided for. Approved March 23, 1923.

An Act relative to the pensioning of laborers in the nhrjq^ iai

EMPLOY OF the CITY OF NEW BEDFORD. ^'

Be it enacted, etc., as follows:

Section 1. Any laborer in the employ of the city of New Pensioning of
Bedford who has reached the age of sixty years and has been in pioy ofcity^S"

New Bedford.

152

Acts, 1923. — Chap. 162.

Word "laborer'
to include fore-
men, etc.

To be sub-
mitted to city
council, etc.

Proviso.

such employ for a period of not less than twenty-five years and
has become physically or mentally incapacitated for labor, and
any laborer in the employ of said city who has been in such em-
ploy for a period of not less than fifteen years and has become
physically or mentally incapacitated for labor by reason of any
injury received in the performance of his duties for said city,
may, at his request and with the approval of the mayor, be re-
tired from service, and if so retired he shall receive from said
city for the remainder of his life an annual pension equal to one
half the annual compensation paid him as a laborer at the time
of his retirement, but such pension shall in no event exceed five
hundred dollars. Any laborer in the employ of said city who
has reached the age of sixty-five years and has been in such em-
ploy for a period of not less than twenty-five years including the
time when incapacitated by reason of sickness, not exceeding
two years in the aggregate, which is certified by a physician in
regular standing, shall be retired from service and shall receive
from said city an annual pension computed in the manner here-
inbefore set forth. The word "laborer", as used in this section,
shall include foremen, inspectors, mechanics, drawtenders, as-
sistant drawtenders and storekeepers.

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, that such acceptance occurs prior to
December thirty-first in the current year.

Approved March 23, 1923.

G. L. 164, § 116,
amended.

C hap. 1Q2 An Act relative to entry upon the premises of consumers
OF electricity to examine or remove meters, apparatus
and works used in connection with supplying the
same.

Be it enacted, etc., as follows:

Section one hundred and sixteen of chapter one hundred and
sixty-four of the General Laws is hereby amended by inserting
after the word "gas" in the first line the words: — or electric,
— by inserting after the word "gas" wherever it occurs in the
fourth, sixth, fifteenth and sixteenth lines the words : — or elec-
tricity,— and by inserting after the word "pipes" in the fifth,
fourteenth and seventeenth lines the word : — , wires, — so as
to read as follows: — Section 116. An officer or servant of a gas
or electric company who is duly authorized in writing by the
president, treasurer, agent or secretary of said company, may
at any reasonable time enter any premises supplied with gas or
electricity by such company for the purpose of examining or re-
moving the meters, pipes, wires, fittings and works for supplying
or regulating the supply of gas or electricity and of ascertaining
the quantity of gas or electricity consumed or supplied; and if
any person, directly or indirectly, prevents or hinders such officer
or servant from so entering such premises or from making such
examination or removal, such officer or servant may make com-
plaint to any court or magistrate authorized to issue criminal
process, who may thereupon issue a warrant directed to the

Entry upon
premises of
consumers of
gas or elec-
tricity to
examine or re-
move meters,
etc.

Proceedings
upon hindrance
of officers,
etc.

Acts, 1923. —Chaps. 163, 164. 153

sheriff or to any of his deputies, or to a constable of the town
where such company is located, commanding him to take suf-
ficient aid and repair to said premises accompanied by such
officer or servant, who shall examine such meters, pipes, wires,
fittings and works for supplying or regulating the supply of gas
or electricity, and ascertain the quantity of gas or electricity
consumed or supplied therein, and shall, if required, remove any
meters, pipes, wires, fittings and works belonging to said com-
pany. Approved March 23, 1923.

An Act rel.\tive to the time at which compensation C}iQ/p^\Q2>

SHALL BEGIN TO BE PAID UNDER THE WORKMEN'S COMPEN-
SATION LAWS.

Be it enacted, etc., as follows:

Section twenty-nine of chapter one hundred and fifty-two of ^miided.' ^ ^^'
the General Laws is hereby amended by striking out, in the
second line, the word "ten" and inserting in place thereof the
word : — seven, — and also by striking out, in the fourth line,
the word "eleventh" and inserting in place thereof the word: —
eighth, — so as to read as follows : — Section 29. No compensa- Time at which
tion shall be paid for any injury which does not incapacitate the Xipens'^ation
employee for a period of at least seven days from earning full shall begin to
wages, but if incapacity extends beyond such period, compen- ® ''*' '^ "'
sation shall begin on the eighth day after the injury. When
compensation shall have begun it shall not be discontinued
except with the written assent of the employee or the approval
of the department or a member thereof; provided, that such Proviso.
compensation shall be paid in accordance with section thirty-
five if the employee in fact earns wages after the original agree-
ment is filed. Approved March 23, 1923.

An Act eliminating from the law certain unnecessary (J}i(ip lg4

PROVISIONS authorizing THE APPOINTMENT OF WOMEN TO
CERTAIN POSITIONS CONNECTED WITH THE COURTS, AND
ABOLISHING THE OFFICE OF SPECIAL COMMISSIONER.

Be it enacted, etc., as follows:

Section 1. Section twenty-three of chapter two hundred ^J^^^JJ- ^ -^•
and seventeen of the General Laws is hereby amended by striking
out, in the third and fourth lines, the words "who may be a
woman and", — so as to read as follows: — Section 23. The Assistant
judges of probate for each county except Dukes and Nantucket probate^and
may appoint an assistant register of probate and insolvency, in '"^"'t^g^t' ^^'
this chapter called the assistant register, who shall hold office term, oath',
for three years unless sooner removed by the judge. Before °" '^ "'
entering upon the performance of his duties, an assistant register
shall take the oath prescribed by the constitution, and shall give
bond to the state treasurer for the faithful performance of his
official duties in a sum not less than five hundred nor more than
five thousand dollars, as ordered by the judge, with one or more
sureties approved by him.

154

Acts, 1923. — Chap. 164.

G. L. 217, § 24,
amended.

Second as-
sistant registers
of probate and
insolvency for
certain
counties, ap-
pointment, etc.

G. L. 217, § 25,
amended.

Third assistant
register of
probate and
insolvency for
Middlesex
county, ap-
pointment, etc.
G. L. 218, § 10,
etc., amended.

District courts,
assistant clerks,
appointment,
etc.

Second as-
sistant clerks,
appointment
in certain dis-
trict courts.

G. L. 221, § 4,
etc., amended.

Justices of
supreme
judicial court
to appoint
assistant clerks
of courts.

Section 2. Section twenty-four of said chapter two hundred
and seventeen is hereby amended by striking out, in the third
Hne, the words "who may be a woman, and", — so as to read
as follows : — Section 21^.. The judges of probate for the counties
of Essex, Middlesex, Suffolk and Worcester may appoint a second
assistant register for their respective counties, who shall hold
office for three years unless sooner removed by the judge. They
shall be subject to the laws relative to assistant registers.

Section 3. Section twenty-five of said chapter two hundred
and seventeen is hereby amended by striking out, in the second
line, the words "who may be a woman," — so as to read as fol-
lows : — Section 25. The judges of probate for Middlesex county
may appoint a third assistant register for said county, who shall
hold office for three years unless sooner removed by the judges.
He shall be subject to the laws relative to assistant registers.

Section 4. Section ten of chapter two hundred and eighteen
of the General Laws, as amended by section one of chapter two
hundred and eighty-seven of the acts of nineteen hundred and
twenty-one and section one of chapter sixty-three of the acts of
nineteen hundred and twenty-two, is hereby further amended
by striking out, in the seventh line, the words "Any such as-
sistant clerk may be a woman", — so as to read as follows: —
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 pleasure 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-thi-ee. 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 Hamp-
den, and in courts the judicial districts of which have, accord-
ing 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 commissioners, in the first district court
of eastern Middlesex, the third district court of eastern Middle-
sex and the district court of southern Essex.

Section 5. Section four of chapter two hundred and twenty-
one of the General Laws, as amended by chapter tlu'ee hundred
and five of the acts of nineteen hundred and twenty-one, is
hereby further amended by striking out, in the sixth and in the
eleventh and twelfth lines, the words ", who may be a woman",
— so as to read as follows: — Section 4- The justices of the
supreme judicial court shall appoint for a term of three years
from the date of their appointment, and may remove, assistant
clerks of courts, as follows:

For the county of —

Barnstable, an assistant;

Bristol, an assistant;

Essex, an assistant, a second assistant, a third assistant and
a fourth assistant;

Acts, 1923. —Chap. 165. 155

'' Hampden, an assistant, a second assistant and, subject to the
approval of the county commissioners, a third assistant;

Middlesex, an assistant, a second assistant, a third assistant
and a fourth assistant;

Norfolk, an assistant;

Plymouth, an assistant;

Suffolk, an assistant of the supreme judicial court;

Worcester, an assistant, a second assistant and a third as-
sistant.

Assistant clerks of courts except in Suffolk county shall act
as assistant clerks of the supreme judicial court, the superior
court and the county commissioners.

Section 6. Section five of said chapter two hundred and G. l. 221, § 5,
twenty-one is hereby amended by striking out, in the fifth line, ^"^^^ ^
the words ", who may be a woman", by striking out, in the
eighth and ninth lines, the words ", one of whom may be a
woman" and by striking out, in the eleventh and in the sixteenth
lines, the words ", who may be women", — so as to read as fol-
lows:— Section 5. In addition to the assistant clerks provided Clerks of the
for in the preceding section, the clerks of the courts for the fol- appoinras^
lowing counties may appoint assistant clerks, with the same |'^stent clerks,
powers and duties, as follows :

For the county of —

Norfolk, a second assistant, subject to removal by the court
or by the clerk.

Middlesex, subject to approval of a justice of the supreme
judicial or superior court, not more than two assistant clerks.

Suffolk, by the clerk of the superior court for criminal busi-
ness, assistant clerks pro tempore or for the term of one year,
subject to removal by the court or by the clerk; and by the clerk
of the supreme judicial court for said county, a second assistant
clerk, designated from his office force.

All other counties having no permanent second assistant
clerks, assistant clerks pro tempore or for a term of one year,
subject to removal by the court or by the clerk.

Section 7. Section two of chapter two hundred and twenty- q^^^ ^j gpedai
two of the General Laws is hereby repealed ; but this repeal shall commissioner
not affect the validity of the commission of any special commis- Outs'tanding
sioner, now outstanding, or of any act of such a commissioner noT^'^ctedf
performed during the term for which she was appointed. etc.

Approved March 23, 1923.

Chap. 16 5

An Act authorizing the election of women as trustees
OF the cushing academy.

Be it enacted, etc., as folloivs:

The Trustees of the Cushing Academy shall have full power Trustees of the
in filling vacancies in such board to elect women as trustees, and ^^dlm ma
thereupon in accordance with chapter two hundred and sixty- elect women as
five of the acts of eighteen hundred and sixty-five they shall *'""^^^®^-
become members of the Trustees of the Cushing Academy, a
corporation incorporated by said chapter.

Approved March 23, 1923.

156

Acts, 1923. —Chaps. 166, 167, 168, 169.

Chap.lQQ An Act enlarging the definition of adulteration of

FOODS.

Be it enacted, etc., as folloios:

186, Section one hundred and eighty-six of chapter ninety -four of

the General Laws is hereby amended by adding at the end

Adulteration of thereof the following new clause : — Seventh, If the carcass or

tion enlarged, parts of the carcass of any animal shall be inflated with gas or

air. Approved March 23, 1923.

G. L. 94,
amended.

Chap. 1Q7 An Act authorizing the city of newton to pay a sum of
money to the foresman electric company, inc.

City of Newton
may pay sum
of money to
The Foresman
Electric Com-
pany, Inc.

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

Be it enacted, etc., as follows:

Section 1. The city of Newton may pay to The Foresman
Electric Company, Inc. the sum of eight hundred and eight
dollars for electrical work performed in the Pierce school in said
city in the year nineteen hundred and twenty-two, notwith-
standing the provisions of the charter of said city requiring a
UTitten contract in such a case.

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, that such acceptance occurs prior to
December thirty-first in the current year.

Approved March 23, 1923.

Chav.lQS ^'^ -^^"^ authorizing the beacon trust company to hold

ADDITIONAL REAL ESTATE IN THE CITY OF BOSTON.

Be it enacted, etc., as follows:

Beacon Trust The Beacon Trust Company, a trust company organized under
hold additional the laws of this Commonwealth and having its usual place of
cUy of Boston, busiucss in the city of Boston may, subject otherwise to the
provisions of section forty-one of chapter one hundred and
seventy-two of the General Laws, as amended by chapter three
hundred and twenty-one of the acts of nineteen hundred and
twenty-two, and to the approval of the commissioner of banks,
hold real estate in said city suitable for and to be used in whole
or in part for the transaction of its business to an amount, in-
cluding the cost of alterations and additions in the nature of
permanent fixtures, not exceeding, directly or indirectly, one
million seven hundred thousand dollars, in addition to the maxi-
mum amount permitted by said section forty-one, amended as
aforesaid. Approved March 23, 1923.

Chap. 169 An Act authorizing the Worcester county institution

FOR SAVINGS TO INVEST AN ADDITIONAL SUM OF MONEY IN THE
erection AND PREPARATION OF A SUITABLE BUILDING FOR
THE TRANSACTION OF ITS BUSINESS.

Be it enacted, etc., as follows:

CounTvTn- SECTION 1. The Worcester County Institution for Savings,

stitution for incorporated by chapter fifty of the acts of eighteen hundred

Acts, 1923. —Chaps. 170, 171. 157

and twenty-seven, approved on February eighth, eighteen hun- savings may
dred and twenty-eight, may, subject to the approval of the com- tumals^ifmof
missioner of banks, invest in the erection and preparation of a money in ercc-
suitable building to be used in whole or in part for the con- bunaFngfor
venient transaction of its business and to be located on land at J^'' ^t^'^j^'ess °^
the corner of Main and Foster streets in the city of Worcester,
now owned by said bank, an amount not exceeding eight hun-
dred thousand dollars, in addition to any sums heretofore au-
thorized to be invested in real estate for such use; provided, Proviso.
however, that nothing contained herein shall be construed as au-
thorizing a total actual investment by said bank in real estate
for such use exceeding in the aggregate the sum of one million
eight hundred thousand dollars.

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

Approved March 23, 1923.

An Act prohibiting the combination of certain fats and (JJidj) i'jq
OILS with milk, cream or skimmed milk.

Be it enacted, etc., as follows:

Chapter ninety-four of the General Laws is hereby amended ^^^kin I'fter^^
by inserting after section seventeen the following new section: § n.
— Section 17 A. No person himself or by his servant or agent Combination

, ,, » , 1 f> 1 1 1 J 1? X M of certam fata

shall, tor the purposes oi sale or exchange, add any tat or oil and oils with

other than milk fat to, or blend or compound the same with, gk'immed'^miik

any milk, cream or skimmed milk, whether or not condensed, prohibited.

evaporated, concentrated, powdered, dried or desiccated, nor

shall any person himself or by his servant or agent sell, exchange

or deliver, or have in possession with intent to sell, exchange or

deliver, or expose or offer for sale or exchange, any milk, cream

or skimmed milk in any of the aforesaid forms to which has been

added or with which has been blended or compounded any fat

or oil other than milk fat. Whoever violates any provision of Penalties.

this section shall be punished by the penalties prescribed by

section twenty-four. Approved March 23, 1923.

An Act providing for the reimbursement of the town (JJidj) 171

OF NORFOLK FOR LOSS OF TAXES BY VIRTUE OF THE LEASE
BY THE FEDERAL GOVERNMENT OF THE NORFOLK STATE HOS-
PITAL IN SAID TOWN.

Be it enacted, etc., as follows:

The town of Norfolk shall, for the year nineteen hundred and ^f'^Sn^oT'"^"*
twenty and for each year thereafter so long as the ownership of Norfolk for
the Norfolk state hospital in said town remains in the common- ^^^tue of leLe^
wealth and said hospital is leased to the federal government, be ernmenrof^°^'
reimbursed by it under sections thirteen to seventeen, inclusive, Norfolk state
of chapter fifty-eight of the General Laws for the loss of taxes "''^"^^^ '
sustained by such town by virtue of such ownership, to the same
extent and in the same manner as though said hospital were
used by the commonwealth for the purposes of a public institu-
tion. No payment hereunder shall be made during the current
fiscal year until an appropriation has been made sufficient to
cover the same. Approved March 23, 1923.

158

Acts, 1923. —Chaps. 172, 173.

G. L. 155, § 22,
amended.

Corporate
records, stock
and transfer
books, etc., to
be kept at office
of corporation
for inspection
of stock-
holders.

Chap. 172 An Act rel^vtive to the exhibition of certain corporate

RECORDS FOR INSPECTION BY STOCKHOLDERS.

Be it enacted, etc., as follows:

Section twenty-two of chapter one hundred and fifty-five of
the General Laws is hereby amended by adding at the end thereof
the following: — , but in an action for damages or a proceeding
in equity under this section for neglect or refusal to exhibit for
inspection the stock and transfer books, it shall be a defence
that the actual purpose and reason for the inspection sought are
to secure a list of stockholders for the purpose of selling said list
or copies thereof or of using the same for a purpose other than
in the interest of the applicant, as a stockholder, relative to the
affairs of the corporation, — so as to read as follows : — Section
22. The agreement of association, an attested copy of the articles
of organization or of articles in amendment of said agreement
or of said articles and of the by-laws, with a reference on the
margin of the copy of the by-laws to all amendments thereof,
and a true record of all meetings of stockholders shall be kept
by every corporation at its principal office in the commonwealth
for the inspection of its stockholders. The stock and transfer
books of every corporation, which shall contain a complete list
of all stockholders, their residences and the amount of stock
held by each, shall be kept at an office of the corporation in the
commonwealth for the inspection of its stockholders. Said stock
and transfer books and said attested copies and records shall be
competent evidence in any court of the commonwealth. If any
officer or agent of a corporation having charge of such copies,
books or records refuses or neglects to exhibit them or to submit
them to examination as aforesaid, he or the corporation shall be
liable to any stockholder for all actual damages sustained by
reason of such refusal or neglect, and the supreme judicial or
superior court shall have jurisdiction in equity, upon petition
of a stockholder, to order any or all of said copies, books or
records to be exliibited to him and to such other stockholders
as may become parties to said petition, at such a place and time
as may be designated in the order, but in an action for damages
or a proceeding in equity under this section for neglect or refusal
to exhibit for inspection the stock and transfer books, it shall
be a defence that the actual purpose and reason for the inspection
sought are to secure a list of stockholders for the purpose of
selling said list or copies thereof or of using the same for a purpose
other than in the interest of the applicant, as a stockholder,
relative to the affairs of the corporation.

Approved March 26, 1923.

To be com-
petent evi-
dence, etc.
Liability for
damage caused
by neglect or
refusal to
exhibit copies,
books, etc.

Court order for
exhibition of
books, etc.

Certain de-
fence in action
for damages,
etc.

Chap.l7S An Act authorizing the town of needham to incur in-
debtedness FOR SCHOOL PURPOSES.

Town of
Needham may
borrow money

Be it enacted, etc., as follows: .

Section 1. For the purpose of constructing a high school
building and of purchasing original equipment and furnishings

Acts, 1923. —Chaps. 174, 175. 159

for said building, the town of Needham may borrow from time for school
to time such sums as may be necessary, not exceeding, in the P>""Poses.
aggregate, two hundred and eighty thousand dollars, and may
issue bonds or notes therefor, which shall bear on their face the
words, Needham School Loan, Act of 1923. Each authorized ^j;f„^„^^j'"„^„^
issue shall constitute a separate loan. Indebtedness incurred Act of 1923. '
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. The town of Needham, at its annual meeting in Authorization
nineteen hundred and twenty-three or at any adjourned session ^^' '°"'"-
thereof, may, by a vote in accordance with articles in the warrant
for said meeting relative to the borrowing of money for school-
house purposes, authorize the borrowing of money under the
provisions of this act, and 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 27, 1923.

An Act authorizing the city of Northampton to incur ryi.^^ -ija

INDEBTEDNESS FOR THE PURPOSE OF CONSTRUCTING A CITY "'

HALL.

Be it enacted, etc., as follows:

Section 1. For the purpose of constructing a city hall and ^4*\onma*'^'
of originally equipping and furnishing said building, the city of borrow money
Northampton may borrow from time to time such sums as may l°city"ha\r*'"^
be necessary, not exceeding, in the aggregate, one hundred and
fifty thousand dollars, and may issue bonds or notes therefor,
which shall bear on then- face the words, Northampton City Hall city HSf*""
Loan, Act of 1923. Each authorized issue shall constitute a Loan, Act of
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 28, 1923.

An Act authorizing the city of lawrence to acquire fL^^ lyc

LANDS, rights AND EASEMENTS AND TO INCUR INDEBTEDNESS "*

FOR SEWERAGE PURPOSES.

Be it enacted, etc., as follows:

Section 1. For the purpose of constructing the proposed City of
Woodland heights sewer and extending the Shanty pond sewer bo^ow money
and of acquiring lands, rights of way or easements necessary p°^po^ea.^^®
therefor, the city of Lawrence may from time to time borrow
such sums as may be necessary, not exceeding, in the aggregate,
two hundred and fifty thousand dollars, and may issue bonds or
notes therefor, which shall bear on their face the words, Lawrence Lawrence
Sewer Loan, Act of 1923. Each authorized issue shall constitute |c'^o'f^^2T*
a separate loan. Indebtedness incurred under this act shall be
in excess of the statutory limit, but shall, except as herein pro-
vided, be subject to chapter forty-four of the General Laws.

160

Acts, 1923. —Chaps. 176, 177.

May acquire
land, rights
and easements
for sewerage
purposes, etc.

Proviso.

Section 2. The city council, acting for and in behalf of the
city of Lawrence, may take by eminent domain under chapter
seventy-nine of the General Laws, or acquire by purchase or
otherwise, any lands, rights of way or easements in said city,
public or private, necessary for any purpose mentioned in this
act, and may construct any such sewer under or over any bridge,
railroad, railway, highway, boulevard or other way, or within the
location of any railroad, and may enter upon and dig up any
private land, street or way or railroad location for the purpose of
laying such sewer and of maintaining and repairing the same,
and may do any other thing necessary or proper for the purposes
of this act; provided, however, that they shall not take in fee
any land of a railroad corporation, and that they shall not enter
upon or construct any such sewer within the location of any
railroad corporation except at such time and in such manner as
they may agree upon with such corporation, or, in case of failure
to agree, as may be approved by the department of public
utilities.

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

Approved March 28, 1923.

Chap. 176 An Act relative to interest and discount on inheritance

TAXES.

Be it enacted, etc., as follows:

Chapter sixty-five of the General Laws is hereby amended by
striking out section eleven and inserting in place thereof the fol-
lowing : — Section 11. If taxes imposed by this chapter are not
paid when due, interest at the rate of six per cent per annum
shall be charged and collected thereon from the time the same
became payable. Approved March 28, 1923.

G. L. 65, § 11,
amended.

Interest on in-
heritance taxes.

Chap

G. L. 122, § 15,
amended.

Sending of cer-
tain paupers to
state infirmary
by cities and
towns.

Reimbursement
for transporta-
tion expenses,
etc.

J 77 An Act relative to the reimbursement of cities and

TOWNS for expenses INCURRED IN TRANSPORTING CERTAIN
PAUPERS TO THE STATE INFIRMARY.

Be it enacted, etc., as follows:

Section fifteen of chapter one hundred and twenty-two of the
General Laws is hereby amended by striking out, in the seventh
line, the word "three" and inserting in place thereof the word:
— twelve, — so as to read as follows: — Section 15. Towns may
at their own expense send to the state infirmary, to be main-
tained at the public charge, all paupers falling into distress
therein and having no settlement within the commonwealth.
The town shall be reimbursed by the commonwealth, upon bills
approved by the department, for the expense of transportation
of each state pauper so sent, for the excess over thirty miles by
the usual route, at a rate not exceeding twelve cents a mile.

Approved March 28, 1923.

Acts, 1923. —Chaps. 178, 179, 180. 161

An Act kelative to payments of certain sums of money Qhnnj 17Q
TO families of local or state police officers dying

FROM injuries RECEIVED WHILE ON DUTY.

Be it enacted, etc., as follows:

Section eighty-seven of chapter thirty-two of the General ^- ^'- pj § 87,

T • 1 1 111 M • • 1 I'll- amended.

Laws IS hereby amended by striking out, in the third line, the

words "sLxty days" and inserting in place thereof the words: —

six months, — so as to read as follows : — Section 87. If a police- Payments to

man in a Regularly organized police department of a city or or^tatepoUce^'

town, or a member of the department of public safety doing offi<'ers dying

irom iniuriGs

police duty is killed, or dies within six months from injuries re- received while
ceived, while in the performance of his duties, and his death is °" "*^^'
certified by the city or town clerk or commissioner of public
safety, as the case may be, and by the attending physician or
medical examiner, to the officer required to make payment as
hereinafter provided, there shall be paid to his executor or ad-
ministrator the sum of one thousand dollars for the use equally
of his widow and minor children; or if there are minor children
but no widow, to their use, or if there is no minor child, to the
use of the widow. A child of full age dependent upon such
policeman for support shall be regarded as a minor child. Pay-
ment shall be made by the treasurer of the city or town con-
cerned, if the policeman was in the service of a city or town, and
by the state treasurer if the policeman was a member of the de-
partment of public safety doing police duty.

Approved March 28, 1923.

Chap.179

An Act amending the act of incorporation of the
episcopal city mission.

Be it enacted, etc., as follows:

Chapter ninety-two of the acts of eighteen hundred and forty- i844, 92, § 2,
four is hereby amended by striking out section two and inserting ^™^'^^^'^-
in place thereof the following: — Section 2. The said corpora- The Episcopal
tion may hold real and personal estate to an amount not exceed- ^ay hoid'cer-
ing that allowed by law, and may apply the net annual income * ^d a"^"?"*^
therefrom, and also gifts, bequests and devises, not otherwise income there-
limited, to the moral and religious instruction of the poor, and ^'^°™' ^^^'
to the support of public worship in the county of Suffolk.

Approved March 28, 1923.

Chap.180

An Act relative to the payment of rental by the com-
monwealth TO THE CITY OF WORCESTER FOR THE USE OF
ITS SEWERAGE SYSTEM FOR THE SEWAGE OF THE WORCESTER
STATE HOSPITAL.

Be it enacted, etc., as follows:

Chapter three hundred and sixty-three of the Special Acts of §^2\tc! ^^^'
nineteen hundred and sLxteen, as amended in section two by amended.
section one of chapter one hundred and sixty-five of the Special

162

Acts, 1923. — Chaps. 181, 182.

Payment of
rental by com-
monwealth to
city of Worces-
ter for use of
sewerage
system for
sewage of
Worcester state
hospital.

Acts of nineteen hundred and nineteen is hereby further amended
by striking out said section tw^o and inserting in place thereof the
following: — Section 2. The commonwealth shall pay to the
city of Worcester as rental for the use of its sew^erage system for
the sewage of the Worcester state hospital the sum of thirty-one
hundred dollars annually for a period of five years, beginning
December first, nineteen hundred and twenty-two.

Approved March 28, 1923.

C hap. ISl An Act relative to the payment of state an*) military

AID AND soldiers' RELIEF.

Be it enacted, etc., as follows:

Chapter one hundred and fifteen of the General Laws is
hereby amended by inserting after section three the following
new section: — Section 3 A. In a city or town which, prior to
January first, nineteen hundred and twenty-five, accepts this
section, in a city by vote of the city council, or in a town by the
voters thereof at a town meeting, no almoner or overseer of the
poor, or officer performing similar duties, or any agent of any of
them, shall directly or indirectly act as agent or disbursing officer
of the aldermen or selectmen for the payment of state or military
aid or soldiers' relief; provided, that this section shall not operate
to prevent selectmen in towns who are also overseers of the poor
from acting in their capacity as selectmen or through an agent
acting for the selectmen. Approved March 28, 1923.

G. L. 115, new
section after
§3.

Payment of
state and mil-
itary aid and
soldiers' relief.

Proviso.

Chap. 1S2 An Act prohibiting until the year nineteen hundred

AND twenty-five THE TAKING OF QUAIL IN THE COUNTIES
OF HAMPSHIRE, NORFOLK AND W^ORCESTER.

Be it enacted, etc., as follows:

Chapter eighty-nine of the acts of nineteen hundred and
twenty-two is hereby amended by inserting after the w^ord
"Hampden" in the fourth line the word: — , Hampshire, — and
by inserting after the word "Middlesex" in the fifth line the
words : — , Norfolk, Worcester, — so as to read as follows : —
Chapter 89. It shall be unlawful, before the beginning of the
open season for quail throughout the commonwealth in the year
nineteen hundred and twenty-five, to hunt, pursue, take or kill
a quail in the counties of Dukes, Essex, Hampden, Hampshire,
Middlesex, Norfolk, Worcester 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 Gen-
eral Laws. Violation of any provision of this act shall be pun-
ished by a fine of twenty dollars for each bird or part thereof in
respect to which the violation occurs.

Approved March 28, 1923.

1922, 89,
amended.

Taking of quail
in certain
counties pro-
hibited until
year 1925.

Penalty.

Acts, 1923. — Chaps. 183, 184, 185. 163

An Act relative to initiative or referendum petitions. QJidy J^QQ

Be it enacted, etc., as follows:

Chapter fifty-six of the General Laws is hereby amended by g. l. 56, § 13,
striking out section thirteen and inserting in place thereof the ^™^'^ ® '
following: — Section 13. Whoever falsely makes or wilfully Penalty for
alters, defaces, mutilates, destroys or suppresses a certificate of conrornhig"*'^^
nomination or nomination paper, or letter of withdrawal of a nomination

„ , ^ .'^ . . . . . . . „ papers, initia-

name from sucli paper, or an mitiative petition or a petition tor tive and
the submission of a question to the voters, or unlawfully signs p^eUtions^Ttc
any such certificate, paper, letter or petition, or files any such
certificate, paper, letter or petition, knowing the same to be
falsely made or altered, shall be punished by imprisonment for
not more than one year. Approved March 28, 1923.

Chap.184:

An Act authorizing the malden trust company to hold
additional real estate in the city of malden.

Be it enacted, etc., as follows:

The Maiden Trust Company, a trust company incorporated Maiden Trust
by chapter four hundred and sixty of the acts of eighteen hundred hold additional
and ninety-six and having its usual place of business in the city cit'y of*^Maiden
of Maiden may, subject otherwise to the provisions of section
forty -one of chapter one hundred and seventy-two of the General
Laws, as amended by chapter three hundred and twent^^-one of
the acts of nineteen hundred and twenty-two and to the approval
of the commissioner of banks, hold real estate in said city suitable
for and to be used in whole or in part for the transaction of its
business to an amount, including the cost of alterations and addi-
tions in the nature of permanent fixtures, not exceeding, directly
or indirectly, one hundred and seventy-five thousand dollars, in
addition to the amount permitted by said section forty-one,
amended as aforesaid, to be held by said trust company at the
time this act takes effect. Approved March 28, 1923.

An Act requiring annual reports to the division of Chav. 185

FISHERIES AND GAME RELATIVE TO FUR-BEARING ANIMALS
caught OR KILLED IN THIS COMMONWEALTH.

Be it enacted, etc., as follows:

Chapter one hundred and thirty-one of the General Laws is G. l. 131, new
hereby amended by inserting after section fifty-one the follow- f 51'°° ^ ^'^'^
ing new section: — Section 51 A. Annually on or before January Reports to
tenth, every person who traps or kills fur-bearing animals in fisheriSand
this commonwealth during the preceding year shall make a re- fi^bearirT
port to the division, in wTiting, of the number and kinds of such animals caught
animals caught or killed during said year; provided, that this p^^^g^ ' ^'°'
section shall not apply to such animals killed or destroyed while
damaging property and from the furs or pelts of which no value
or profit is obtained. Any such person failing to make a report Failure to
as herein provided shall be debarred from obtaining a certificate
entitling him to hunt or trap in this commonwealth, so long as
such failure continues. Approved March 28, 1923.

164

Acts, 1923. —Chaps. 186, 187, 188.

G. L. 53, § 117,
amended.

Twenty-five or
more voters
may hold
caucus for city
and town
offices, etc.

C hap. 18Q An Act relative to the holding of caucuses other telvn

THOSE OF POLITICAL PARTIES.

Be it enacted, etc., as follows:

Section one hundred and seventeen of chapter fifty-three of
the General Laws is hereby amended by striking out the second
sentence, so as to read as follows: — Section 117. A caucus of
the voters, or of a specified portion thereof in a ward of a city,
or in a town, may be called and held for the nomination of
candidates to be voted for at any city election, or at any elec-
tion of town officers for which official ballots are used, or for the
selection of delegates to a convention, or for the appointment of
a committee. The proceedings of such caucuses shall be invalid
unless at least twenty-five voters participate and vote therein.
Except as provided in this section, no caucus or meeting other
than those of political parties shall be entitled to nominate a
candidate whose name shall be placed on the official ballot, or to
select delegates to a political convention for the nomination of
a candidate whose name shall be placed on such ballot.

Approved March 28, 1923.

Chap. 187 An Act authorizing the town of framingham to incur

INDEBTEDNESS FOR SEWERAGE PURPOSES.

Town of
Framingham
may borrow
money for
sewerage
purposes.

Framingham
Sewer Loan,
Act of 1923.

Be it enacted, etc., as follows:

Section 1 . For the purpose of extending its sewerage system,
the town of Framingham may borrow from time to time such
sums as may be necessary, not exceeding, in the aggregate, the
sum of one hundred and fifty thousand dollars, and may issue
bonds or notes therefor, which shall bear on their face the words,
Framingham Sewer Loan, Act of 1923. 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 29, 1923.

C hap. 18S An Act authorizing the town of Dartmouth to make

additional water loans.

Be it enacted, etc., as follows:

Section L For the purpose of extending its water mains
and improving its water distribution facilities, the town of
Dartmouth may from time to time borrow such sums as may be
necessary not exceeding, in the aggregate, one hundred thousand
dollars, and may issue bonds or notes therefor which shall bear
on their face the words, Dartmouth Water Loan, Act of 1923.
Each authorized issue shall constitute a separate loan and such
loans shall be payable in not more than thirty years. 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.

Town of Dart-
mouth may
make addi-
tional water
loans.

Dartmouth
Water Loan,
Act of 1923.

Acts, 1923. — Chaps. 189, 190. 165

Section 2. The town shall, at the time of authorizing said f^/^^^^^ °^
loan or loans, 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 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^^ments on the principal as may
be required by law, 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
extinguished.

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

Approved March 29, 1923.

An Act authorizing ohavi sedek, a benevolent corpora- ChavAH^

TION, to maintain A CEMETERY AND TO PAY CERTAIN FUNERAL
EXPENSES.

Be it enacted, etc., as folloivs:

Section 1. Ohavi Sedek, a benevolent corporation organized o^avi Sedek,
under general law, is hereby authorized, subject to all laws, corporation,
ordinances and by-laws with reference to cemeteries, to acquire ^cMn'eteryfetc.
and hold land in the city of Boston, and to hold land already
acquired, for the purposes of a cemetery, and to bury therein the
bodies of its deceased members and the bodies of deceased
persons belonging to the families of said members.

Section 2. The said corporation may make, and enforce May make rules
among its members, all reasonable rules for the regulation and ment of^dme-
management of said cemetery, for burials therein and removal tery, burials,
of bodies therefrom, for the erection of monuments and other funeral
structures therein and for the payment of funeral expenses to the ^^pe^ises, etc.
next of kin of a member on his demise or to a member on the
demise of his wife or child. The said corporation shall comply To comply
with all general laws relative to cemeteries, and with such rules i^'^s.^tc*.'*'"
and regulations as may be made by the board of health in the
city where the cemetery is situated.

Section 3. This act shall take effect upon its acceptance by To besub-
a majority vote of the members of said corporation present and bers o'f cor^^'"'
voting thereon at a meeting duly called for the purpose. poration, etc.

Approved March 29, 1923. 5~'

An Act regulating the payment of retirement allow- z^/,^^ i on

ANCES TO members OF COUNTY RETIREMENT ASSOCIATIONS. ^'

Be it enacted, etc., as follows:

Section 1. Section twenty-five of chapter thirty-two of the g. l. 32, § 25,
General Laws, as amended by chapter four hundred and eighty ^^'^" ^™®"^®'^'-
of the acts of nineteen hundred and twenty -one, is hereby further
amended by striking out paragraph {2) B (6) and inserting in
place thereof the following : — (6) A life annuity of less amount. County retire-
payable monthly, with the provision that if the annuitant dies ttons, annuuies
before receiving annuity payments equal to the amount used to pio'^ee™"
purchase the annuity, the difference shall be paid to his legal deposits.
representatives.

166

Acts, 1923. —Chap. 191.

etc ^amended SECTION 2. Said scction twenty-five, as amended by said
chapter four hundred and eighty, is hereby further amended by
striking out paragraph (2) E and inserting in place thereof the
ment^ass'ocia!" foUowing: — E. Minimum and Maximum Payments. Except
tions, minimum as Otherwise provided, in no case shall a member, whether he
payments. has elected the form of annuity provided for in paragraph (2)
B (a) or (S) B (b) of this section, be retired at such an annual
rate of pension as would, when added to the annual amount re-
quired to be paid from the annuity fund to a member who elects
the form of annuity provided for in said paragraph (2) B (a),
amount to a total retirement allowance of less than three hun-
dred dollars, and in no case shall a member who has elected
either of the aforesaid forms of annuity be retired at such an
annual rate of pension as would, when added to the annual
amount required to be paid from the annuity fund to a member
who elects the form of annuity provided for in said paragraph
(2) B (a), amount to a total retirement allowance of more than
one half the average annual rate of his salary or wages during the
five years prior to retirement, or, if such member resigns or is
dismissed prior to the date of retirement, during the five years
prior to such resignation or dismissal. For the purpose of de-
termining the maximum pension and the maximum annuity
under this section, the rate of salary or wages received by a
member on the date immediately preceding a period of absence
without pay shall be used as the rate of pay which he would have
received during such absence without pay.

Approved March 29, 1923.

Chap. 191 An Act authorizing the establishment of a licensing

COMMISSION IN THE CITY OF SOMERVILLE.

Licensing
commission
established in
city of Som-
erville.

Powers.

Appointment
of members,
compensation,
etc.

To have powers
and duties of
licensing
boards, etc.

To be sub-
mitted to board
of aldermen,
etc.
Proviso.

Be it enacted, etc., as follows:

Section 1. The city of Somerville may by ordinance estab-
lish a licensing commission and from time to time place in charge
of and withdraw from said commission the issuing of such of
the licenses, now or hereafter authorized by law to be issued by
its board of aldermen, as the city may by ordinance determine.
Said commission shall have all the powers conferred by the
statutes of the commonwealth upon the board of aldermen and
the mayor in relation to such licenses as may be placed in its
charge and the regulation of the subject matters thereof. The
members of said commission shall be appointed by the mayor,
subject to confirmation by the board of aldermen, and shall
receive such compensation, if any, as the mayor and board of
aldermen may determine. The powers and duties of licensing
boards, mentioned in section four of chapter one hundred and
thirty-eight of the General Laws, shall vest in said commission.

Section 2. This act shall take effect upon its acceptance by
vote of the board of aldermen 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 29, 1923.

Acts, 1923. —Chap. 192. IG'

An Act relative to the merger or consolidation of Qfidj) \Q2

INSURANCE COMPANIES.

Be it enacted, etc., as foUoics:

Chapter one hundred and seventy-five of the General Laws is G. l. 175, iqa.
hereby amended by striking out section nineteen A, inserted by ^*°' ''""®" "^
chapter one hundred and seventy-two of the acts of nineteen
hundred and twenty-one, and inserting in place thereof the fol-
lowing: — Section 19 A. 1\vo or more domestic companies may Merger or con-
merge or consolidate into one corporation, or a domestic com- insurance °
pany may merge or consolidate with any company or companies companies.
organized under the laws of any state of the United States into
one corporation, which shall be a domestic corporation. In Title of new
either case the title of such new corporation shall be subject to 'corporation.
the provisions of section forty-nine. Companies merging or Written agree-
consolidating under this section shall enter into a written agree- merger?etc.
ment for such merger or consolidation prescribing its terms and
conditions, the classes of business it proposes to transact subject
to sections forty-eight, fifty-one and fifty-four, the amount of
the capital stock, if any, of the new corporation, which shall not
be a larger amount than the aggregate amount of the capital
stock of the merged or consolidated companies nor less than the
minimum amount specified in said sections forty-eight and
fifty-one, and the number of shares into which said capital stock
is to be divided. In all respects, the new corporation shall be
subject to the provisions of this chapter, except as otherwise
expressly provided in this section. Such agreement shall be Agreement to
assented to by a vote of the majority of the board of directors by dTrectors °
of each company and approved by the votes of the stockliolders, ^^'iSck'-"^^'^
if any, owning at least two thirds of the stock of each company holders, etc.
at a meeting called for the purpose, notice of which meeting
shall be given in accordance with law, and also published at least
once a week for three successive weeks in some newspaper printed
in the commonwealth, and if any of the merging or consolidating
companies are domiciled outside of the commonwealth at least
once a week for three successive weeks in some newspaper
printed in the town where such company has its principal office,
or, if there are no stockholders, such agreement shall be assented ^protafoT'^
to by a vote of the majority of the board of directors of each agreement if
company and approved by the votes of at least two thirds of the
policyholders of each company, actually present or represented
at a meeting called for the purpose, notice of which meeting
shall be given as hereinbefore provided. Such agreement shall bla^p^oved"
be subject to the written approval of the commissioner, shall ^7 ommis-

J 1.11. 1 1 • 1 11 sioner, executed

be executed m duplicate by the president and secretary and by in duplicate,
a majority of the board of directors of each company under its ^'*''
corporate seal, shall be accompanied by copies of the resolutions
authorizing the merger or consolidation and the execution of the
agreement attested by the recording officer of each company
and shall, with the records of the companies pertaining thereto,
be submitted to the commissioner. If it appears that the re-
quirements of this section have been complied with, the commis-

168

Acts, 1923. —Chap. 193.

State secretary
to issue certifi-
cate of reincor-
poration, etc.

Certificates of
stock, return,
issue of new
certificates, etc.

Rights, obliga-
tions, etc., of
merged com-
panies.

Liability of
stockholders
and policy-
holders to
continue, etc.

Actions pend-
ing at time of
merger not to
abate, etc.

Stock and
mutual com-
panies not to
merge.

sioner may so certify and approve the agreement by his endorse-
ment thereon. One of the dupHcates of such agreement shall
thereupon be filed with the state secretary, who shall cause the
same to be recorded and shall issue a certificate of reincorpora-
tion to the new company with the powers retained and specified
in the agreement, and the other duplicate shall be retained by
the commissioner. No such agreement shall take effect until it
has been filed in the office of the state secretary as aforesaid.
The new company may require the return of the original cer-
tificates of stock held by each stockliolder in each of the com-
panies merged or consolidated and issue in lieu thereof new
certificates for such number of shares of its own stock as the
stockholder may be entitled to receive. Upon such merger or
consolidation all rights and properties of the several companies
shall accrue to and become the property of the new company
which shall succeed to all the obligations and liabilities of the
merged or consolidated companies, in the same manner as if they
had been incurred or contracted by it. The stockholders or
policyholders of the merged or consolidated companies shall con-
tinue to be subject to all the liabilities, claims and demands
existing against them at or before such merger or consolidation.
No action or proceeding pending at the time of the merger or
consolidation in which any or all of the companies merged or
consolidated may be a party shall abate or be discontinued by
reason of the merger or consolidation, but the same may be
prosecuted to final judgment in the same manner as if the merger
or consolidation had not taken place, or the new company may
be substituted in place of any company so merged or consolidated
by order of the court in which the action or proceeding may be
pending. Nothing in this section shall authorize the merger or
consolidation of stock companies with mutual companies

Approved March 29, 1923.

Chap

Certain his-
torical works
relative to
service of
Massachusetts
men in army
or navy during
civil, Spanish
or World war
may be pur-
chased by sec-
retary of the
commonwealth,
etc.

J 93 An Act authorizing the purchase of certain historical

WORKS relative TO THE SERVICE OF MASSACHUSETTS MEN
IN THE ARMY OR NAVY DURING THE CIVIL, SPANISH OR WORLD
WAR.

Be it enacted, etc., as follows:

Section 1. Whenever there shall be published or shall be
prepared for publication a history of any military or naval
organization of Massachusetts men who served in the army or
navy during the civil, Spanish or World war, or of any such
organization the major part of which, as determined by the
adjutant general, consisted of Massachusetts men, which history
shall be shown to the satisfaction of the governor and council
to be so far as is practicable in such works, faithfully and ac-
curately prepared and historically correct, to contain matter not
previously published or accessible to the general historian, and
to be of sufficient reliability and importance to justify the pur-
chase of copies as herein provided for, the secretary of the com-
monwealth, with the approval of the governor and council and

Acts, 1923. —Chap. 194. 169

at a price to be fixed by them, not to exceed two dollars per copy,
shall purchase not more than five hundred copies of such history.

Section 2. The volumes purchased under this act shall be Distribution of
distributed as follows : — One copy to the office of the secretary chMed!^ ^""
of the commonwealth; one to the office of the adjutant general;
one to the free public library of each city and town; one to the
library of each college or university in the commonwealth; one
to each of such historical societies in the commonwealth as may
be designated by the secretary of the commonwealth ; one to the
library of congress ; one to the library of each state and territory
of the union; ten copies to the state library; and the remainder
at the discretion of the secretary of the commonwealth, preference
to be given by him to free libraries.

Section 3. Chapter four hundred and thirteen of the acts Repeals.
of eighteen hundred and ninety-three, chapter three hundred and
eighty-eight of the acts of eighteen hundred and ninety-nine,
chapter two hundred and forty-one of the acts of nineteen hun-
dred and eight and chapter one hundred and forty-seven of the
General Acts of nineteen hundred and nineteen are hereby re-
^ pealed. Approved March 29, 1923.

An Act relative to the qualifications for appointment fhrtri 104
OF inspectors of plumbing in cities and in certain ^'

towns.

Be it enacted, etc., as follows:

Section eleven of chapter one hundred and forty-two of the g. l. 142, § 11,
General Laws is hereby amended by inserting after the word a^^e^^ed.
"appointment" in the seventh line the following: — ; provided,
that any time spent in service in the army, navy or marine corps
of the United States in time of war or insurrection shall be
deemed a part of the period of continuous practical experience
so required, — so as to read as follows: — Section 11. The said p^umbin'^i'n
inspector of buildings, if any, otherwise the board of health, of cities and in
each city and town, shall, within three months after it becomes appolntmrnt^'
subject to sections one to sixteen, inclusive, appoint from the q^uaiifications,
classified civil service list one or more inspectors of plumbing
who shall be practical plumbers and shall have had practical
experience either as master plumbers or journeymen, continu-
ously, during five years next preceding their appointment; pro- Proviso,
vided, that any time spent in service in the army, navy or
marine corps of the United States in time of war or insurrection
shall be deemed a part of the period of continuous practical
experience so required. Such inspector of buildings or board Removal.
may remove them for cause shown and shall, subject to ap-
proval of the city council or selectmen, fix their compensation Compensation.
which shall be paid by the city or town. Said inspectors of Duties.
plumbing shall inspect all plumbing in process of construction,
alteration or repair for which permits are granted within their
respective cities and towns and shall report to their appointing
power or board violations of any law, ordinance, by-law, rule or
regulation relative to plumbiog; they shall perform such other

170 Acts, 1923. — Chaps. 195, 196.

appropriate duties as may be required. The approval of plumb-
ing by any inspectors other than those provided for by this
chapter shall not be a compliance therewith.

Approved March 29, 1923.

Chap.195 An Act relative to the incontestability of life insurance

POLICIES.

Be it enacted, etc., as follows:

^o^' 'on 2^ ^^^' Provision 2 of section one hundred and thirty -two of chapter
etc., amended, one hundred and seventy-five of the General Laws, as amended
by chapter seventy-five of the acts of nineteen hundred and
twenty-two, is hereby further amended by adding at the end
thereof the words : — and except, if the company so elects, for
the purpose of contesting claims for total and permanent dis-
ability benefits or additional benefits specifically granted in case
Inc9ntestabiiity of death by accidcut, — so as to read as follows : — 2. A pro-
poiicfes!'^^^"'^'' vision that the policy 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 and except, if the company so elects,
for the purpose of contesting claims for total and permanent
disability benefits or additional benefits specifically granted in
case of death by accident. Approved March 29, 1923.

Chap. 196 An Act relative to the sale of coal in paper bags or

SACKS AND TO THE SALE OF COKE AND CHARCOAL.

Be it enacted, etc., as follows:

G. L. 94, § 241, Section 1. Chapter ninety-four of the General Laws, as
amended in section two hundred and forty-one by section one of
chapter ninety-five of the acts of nineteen hundred and twenty-
one, is hereby further amended by striking out said section two
hundred and forty-one, as amended, and inserting in place
Sale of coal thereof the following: — Section 241. Coal in quantities of one
coal in bags, hundred pounds or less shall be sold by weight, and coke and
sacks, etc. charcoal in quantities of one hundred pounds or less shall be
sold by weight or measure, in bags, sacks or baskets, and until
delivered shall be kept in the same bags, sacks or baskets in
which they were weighed or measured; and coal, coke and char-
coal thus sold shall be exempt from section two hundred and
forty-four. When sold by weight, such bags, sacks or baskets
shall be plainly marked with the name of the person who puts
up the same and with the weight of the coal, coke or charcoal
therein in letters and numerals, respectively, of bold uncondensed
Sale of coal in type at least one inch in height. Paper bags or saclcs used in the
paper ags, ^^j^ ^^ ^^^j shall Contain and shall be sold as containing twenty-
five pounds, avoirdupois weight.
G. L. 94, § 240. Section 2. Section two hundred and forty of said chapter
ninety-four, as amended by section two of said chapter ninety-

Acts, 1923. —Chaps. 197, 198. 171

five, is hereby further amended by striking out the last sentence
and inserting in place thereof the following: — Coke and char-
coal in any quantities shall be sold only by weight or measure, —
so as to read as follows : — Scctmi 2Ifi. Coal shall be sold by Coai to be sold
weight, and, except when sold by cargo, two thousand pounds ^^ weight.
avoirdupois shall be the standard for the ton. Coke and char- Coke and char-
coal in any quantities shall be sold only by weight or measure. bTwl*igh1; o°r*^

Approved March 29, 1923. measure.

C/iap.l97

An Act to extend the authority of the commissioner of
insurance relative to hearings.

Be it enacted, etc., as follows:

Chapter one hundred and seventy-five of the General Laws is g. l. 175, new
hereby amended by inserting after section eight the following section after § 8.
new section: — Section 8 A. At any hearing which the commis- Commissioner
sioner is authorized by law to hold, he may by summons require ^ay remTire
the attendance and testimony of witnesses and the production of attendance and
books, records and papers touching upon the matters in question wftn^ses^at
at such hearing, and may administer oaths to such witnesses, hearings, etc
The fees of such witnesses for attendance and travel shall be the witness fees.
same as for witnesses before the superior court in civil cases and
shall be paid by the commonwealth upon the certificate of the
commissioner filed with the comptroller. Fees of such witnesses
need not be paid or tendered to them prior to their attendance
and testimony. This section shall not affect any powers con- Certain powers
ferred upon the commissioner by section four. not affected.

Approved March 29, 1923.

An Act relative to reference proceedings under stand- rih^y^ iqo

ARD FIRE POLICIES OF DOMESTIC FIRE INSURANCE COMPANIES ^'

in RECEIVERSHIP.

Be it enacted, etc., as follows:

Section 1. Section one hundred of chapter one hundred and g. l. 175, § 100,
seventy-five of the General Laws, as amended by chapter one °" ^^^ ^
hundred and fifty-two of the acts of the current year, is hereby
further amended by adding at the end thereof the following new
paragraph : — The appointment of a receiver for a domestic Reference pro-
fire company, whether before or after any referees are chosen or standard fo-e^'^
appointed under this section, shall not affect the requirements of policies of
said section, and the receiver shall be under the same duties and in°surance
obligations and have the same rights and powers in relation to receiverltTip"
referees as are imposed and conferred by said section upon the
company. Any claim of a referee, whether chosen or appointed Referees' claims
before or after the receiver's appointment, for his compensation tion to be pre-
and expenses due from the company or the receiver shall be f®"*^"^- ^t°-
deemed and treated as preferred over claims for losses.

Section 2. The provisions of section one of this act shall wiien provi-

1 . • 1 • 1 J.1 J T IV 1 p 1 sions of section

apply m every case m wnicn the property and effects 01 a do- one are to
mestic fire insurance company are in the possession of a receiver -'^pp'^-
at the time this act takes effect. Approved March 29, 1923.

172

Acts, 1923. — Chaps. 199, 200.

Chap. 199 An Act relative to the tenure of office of the city

CLERK OF THE CITY OF REVERE AND TO THE MANNER OF HIS
ELECTION AND REMOVAL.

Be it enacted, etc., as follows:

Section 1. The city clerk of the city of Revere in office at
the time this act takes effect and any person thereafter elected
to fill any vacancy existing in such office shall hold office during
good behavior and until the city council shall remove him there-
from in accordance with the provisions of chapter thirty-one of
the General Laws and the rules and regulations made there-
under relative to removals from the classified public service.
After this act takes effect, any vacancy in the office of city clerk
in said city shall be filled by election by its city council.

Section 2. This act shall be submitted to the voters of
said city at the next state election in the 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-three, entitled 'An Act relative to the tenure of office of
the City Clerk of the City of Revere and to the
manner of his election and removal', be accepted?"
If a majority of the votes cast on said question are in the affirma-
tive, this act shall take effect, but not otherwise.

Approved March 30, 1923.

City clerk of
city of Revere,
tenure of ofiBce
and manner of
election and
removal.

Filling of
vacancy.

To be sub-
mitted to
voters, etc.

YES.

NO.

Town of Rock-
port may fund
and refund
certain revenue
loans.

Chap. 200 An Act authorizing the town of rockport to fund and

REFUND CERTAIN REVENUE LOANS.

Be it enacted, etc., as follows:

Section 1. The town of Rockport may refund or extend
from time to time for a period not exceeding two years from the
date of the passage of this act revenue loans issued on account
of the revenue of the year nineteen hundred and twenty-two,
and now outstanding, to an amount not exceeding forty thou-
sand dollars, the same to be outside the statutory limit of in-
debtedness. None of the uncollected taxes of the year nineteen
hundred and twenty-two and prior years shall be appropriated
for any purpose other than to meet existing revenue loans issued
prior to January first, nineteen hundred and twenty-three, or
refunding loans herein authorized, so long as any of such loans
are outstanding. The town of Rockport is hereby further au-
thorized to fund certain of the revenue loans of nineteen hun-
dred and twenty-two and to incur indebtedness therefor to an
amount not exceeding forty thousand dollars, and to issue bonds
or notes therefor, which shall bear on their face the words, Rock-
port Refunding Loan, Act of 1923. Each authorized issue shall
constitute a separate loan, and such loans shall be payable in
not more than five 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.

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

Approved March 31, 1923.

Rockport Re-
funding Loan,
Act of 1923.

Acts, 1923. —Chaps. 201, 202, 203. 173

An Act to extend the time for completing the railroad (Jfidj) 201

OF THE SOUTHERN NEW ENGLAND RAILROAD CORPORATION.

Be it enacted, etc., as follows:

The time within which the Southern New England Railroad for°J.ompuftfn-
Corporation may complete and open its railroad for use is hereby railroad of
further extended to December thirty-first, nineteen hundred England" Rali-
and twenty-six. Approved April 2, 1923. J?;''^ ^°'"p°^''"

An Act authorizing cities and towns to appropriate Qhnnj 202

MONEY for the DECORATION OF SOLDIERS' GRAVES AND ^'

FOR THE PROPER OBSERVANCE OF MEMORIAL DAY AND OTHER
PATRIOTIC HOLIDAYS.

Be it enacted, etc., as follows:

Section five of chapter forty of the General Laws, as amended g. l. 40, §'5,
by chapter three hundred and seventy-one and by section six of amended. "
chapter four hundred and eighty-six of the acts of nineteen
hundred and twenty-one is hereby further amended by striking
out clause twelve and inserting in place thereof the following: —
(12) For erecting headstones or other monuments at the graves cities and
of persons who served in the war of the revolution, the war of p°opriaTe^^ ^^"
eighteen hundred and twelve, the Seminole war, the Mexican money for dec-
war or the war of the rebellion or who served in the military or soldiers' graves
naval service of the United States in the Spanish American war s"rvance°of
or in the World war; for acquiring land by purchase or by eminent Memorial Day
domain under chapter seventy-nine, purchasing, erecting, equip- patriotic hoii-
ping or dedicating buildings, or constructing or dedicating other '^^^®' ®*°'
suitable memorials, for the purpose of properly commemorating
the services and sacrifices of persons who served as aforesaid;
for the decoration of the graves, monuments or other memorials
of soldiers, sailors and marines who served in the army, navy or
marine corps of the United States in time of war or insurrection
and the proper observance of Memorial Day and other patriotic
holidays under the auspices of the local posts of the Grand
Army of the Republic, United Spanish War Veterans and The
American Legion; or for keeping in repair graves, monuments
or other memorials erected to the memory of such persons or
of its firemen who died from injuries received in the performance
of their duties in the fire service or for decorating the graves of
such firemen or for other memorial observances in their honor.
Money appropriated in honor of such firemen may be paid over
to, and expended for such purposes by, any veteran firemen's
association or similar organization. Approved April 3, 1923.

An Act dissolving certain corporations. Chav 203

Whereas, It is necessary that certain delinquent corporations certain
be dissolved before April first in the current year, therefore this corporations
act is hereby declared to be an emergency law, necessary for the
immediate preservation of the public convenience.

174 Acts, 1923. — Chap. 203.

Be it enacted, etc., as folloivs:

Certain SECTION 1. Such of the following named corporations as are

dissolved. not already legally dissolved are hereby dissolved, subject to the

provisions of sections fifty-one and fifty-two of chapter one hun-
dred and fifty-five of the General Laws : —

A. A. Bellefontaine Company

A-A-Sales Company

A and K Waste Co., Inc.

A. & N. Box & Shook Company

A, B & G Theatre Circuit Company

A. C. Jones Company, Inc.

A. C. Morse & Sons, Inc.

A. E. Aikins and Company, Incorporated

A. E. Bolton Company, Incorporated

A. E. Cleveland Co.

A. E. Lyon Company, The

A. E. Sault Co., The

A. Greenberg Poultry Company

A. H. Bliss Company

A. J. Gallagher Company, The

A. J. Harris Co.

A. P. Soucy Mfg. Co., The

A. S. Campbell Company (1910)

A. S. Meredith & Co. Inc.

A. S. Student Company, Inc., The

A. T. Smith Company

Abba Tool and Machine Corporation

Aberdeen Thread Company

Abington Strawberry Growers Co-operative Exchange

Accounting Corporation, The

Acme Auto Service, Inc.

Acme Dental Co. (Inc.)

Acme Letter Service, Inc.

Acme Paper Co. Inc.

Acme Shoe Co.

Acton Farms Milk Company

Adams Drug Store, Incorporated

Adams Pharmacy of Somerville, Inc., The

Adams Publicity Service, Inc.

Advance Machine Co., The

Advance Photoplay Co.

Advance Upholstering Company

Aeolian Macaroni Company

Aerial Service Company

Aetna Bag & Burlap Company

Aetna Pharmacy Incorporated

Agawam Cranberry Company, The

Air Service Corporation

Airdry Company of New England

Ajax Motor Sales Company, Inc.

Ajax Motors Corporation

Aland Engine Corporation

Acts, 1923. — Chap. 203. 175

Albert R. Daloz Incorporated Certain

Alden Rubber Company dissolved?"^

Al-Fontaine Co., The

Algolten Shoe Company

Algonquin Sweets Company

Algonquist Slipper Manufacturing Company

All America Fur Ranching Company

All-Sugar Products Company

Allen Spindle Corporation

Alles & Fisher Inc. (1918)

America-Finland Export Company, Inc.

American Accountants Corporation

American Aerial Service Company

American Aluminum Solder Co.

American Auto Finance Company

American Auto Sales Company, Incorporated

American Auxiliary Heating Co.

American Bakeries Inc.

American Bisque Porcelain Company

American Cellulose Products Company

American Chain Shoe Shop Inc.

American Cinekrome Corporation

American Coat & Sales Company, Inc.

American Commercial Company

American Core-Twine Company (1911)

American Crucible Company

American Economy Products Co., Inc.

American Electric Co.

American Halibut Company

American Importing Company

American Indian Memorial Film, Inc.

American Institute of Journalism, Incorporated

American Isinglass Company

American-Italian Cheese Company

American Jobbing Company

American Life-Saving Garment Company

American Metal Parts Corporation

American No-Slip Cement Company

American Pennant & Sporting Goods Company

American Products Company

American Refining Company

American Retreading Corporation, The

American Shoe and Leather Finish Company

American Smokeless Powder Company

American Spark Plug Company

American Tie Plate Company

American Trading & Development Company

American Voting Machine Co. of Massachusetts, The

Americanism Film Library Corporation

Ames CreamAlmond Food Products Co.

Ames Sword Company

Amory Browne Export Corporation

Andover Humus Company

176 Acts, 1923. —Chap. 203.

c^'^^'",. Andover Rubber Company, The

corporations . i -n /r f> • r^ t

dissolved, Andre Manutactunng Company, Inc.

Andrew G. Paul Company
Andrews Inc. (1908)
Angell Machine Co.
Angier Mills

Anglo-American Brewery, Incorporated
Animated Advertising Company
Anson Motor Car Company, Inc.
Apex Products, Inc.
Apex Shoe Manufacturing Company
Apollo Social Club, (Inc.)
Aqua-Thermos Appliance Company
Arcadia Building Corporation
Architectural Review Company, The
Arlington Casket Company (1919)
Arlington Theatre Stock Company
Armenian Steamship Corporation, The
Army & Navy Supply Company
Army Supplies Military Shop, Inc.
Aroostook Farming and Lumber Co.
Arrow Film Co. of New England
Art-Kraft Clothing Company
Arthur G. Wilson Company
Arthur M. Harvey, Incorporated
Artisan Publishing Company
Artola Productions, Inc.
Arverne Blouses, Inc.
Asphaltum Sales Company
Aspinwall Garage Company
Associate Power Company, The
Associated Film Service, Inc.
Associated New England Laundries Incorporated
Associated Tanners Machinery Company
Aston Hardware Company
Athol Comb Company
Atkinson Coal Company
Atlantic Air Service Corporation
Atlantic & Pacific Fish Company, The
Atlantic Coast Power Company
Atlantic Drug Company
Atlantic Fixture & Appliance Company
Atlantic House-wrecking Company, The
Atlantic Motor Sales Co.
Atlantic Mutual Fisheries Company
Atlantic Paper Box Company
Atlantic Publishing Company
Atlantic Security Company
Atlantic Steamship Operating Corporation
Atlas Bread Company
Atlas Roof Coating Company
Atlas Wholesale Drug Company
Atlas Window Shade and Screen Co.

Acts, 1923. — Chap. 203. 177

Atlast Specialty Co., The Certain

Auditorium Tlieatre Incorporated, Lynn, Mass. culfoiv^ed""^

Auto-Avis Construction Company

Auto Body Builders Incorporated

Auto-Curtain Glass Company, Incorporated

Auto Electric Ignition Company

Auto Rapid Transit Company

Auto Specialty Company, Inc., The

Auto Tire Exchange of Worcester, Inc.

Auto Tire Service Company

Automatic Accounting Company

Automatic Electric Piano Company

Automatic Line Indicator Company

Automatic Wood Heel Machinery Co.

Automobile Owners Tire Service Ass'n, Incorporated

Automotive Acceptance Corporation

Automotive Equipment Co.

Avenir Products Company, Inc.

Ayer Contracting Company

B. A. Lazarus Co.

B & B Iron Works, Inc.

B. & B. Manufacturing Co., The

B. & G. Transportation Company

B. & S. Shoe Company

B. C. L. Company

B. Cohen & Sons, Inc.

B. L. Piper, Inc.

B. Rutstein & Sons Company

Baby and Lingerie Shop, Inc., The

Back Bay Pharmacy, Inc.

Backus Foundr}^ Incorporated

Bacon, Rollins Company

Bailey & Company, Incorporated

Bailie Basket Manufacturing Company, The

Baisley-Mitchell Company

Bakeman and Williams, Inc. (1920)

Baker-Burgess Company

Bakers Standard Manufacturing Co.

Balch, Price & Co. Inc.

Bankers Acceptance Corporation of Boston

Bankers Importing Company

Banks Dry Goods Co. Inc.

Barbour- Wenz Import Company, The

Barnard Company, The

Barnard Construction Company, The

Barone Brothers, Incorporated

Barre Farmers' Cooperative Exchange

Barrett and Curtis Construction Company

Barrett Brothers Incorporated

Barrett Hudson Automobile Company, Incorporated

Barron-Bresnahan Leather Co.

Barry & Mitchell Co.

Bassi Leather Company

178 Acts, 1923. — Chap. 203.

Certain Bates and Bacon Export Company

corporations t> . o t, t ir'''

dissolved. Batcs & Bacon, Inc.

Bates & Ellsworth Co., Inc.

Battery Service Co. of N. E.

Battery Wharf Store Company

Bay Path Printing Company

Bay State Bag and Burlap Company

Bay State Building Finish Company

Bay State Coal and Wood Company, The

Bay State Co-Operative Association

Bay State Creamery Inc.

Bay State Laundry and Netting Manufacturing Company

Bay State Moulding Co.

Bay State Theatre Co.

Bay State Travelling Bag Company

Bay State Trucking Co.

Bay State Yarn Company

Bay View Cranberry Company

Bazley & Carpenter, Inc.

Beacon Auto Machine Company

Beacon Falls Rubber Shoe Company, The

Beacon Realty Company

Beacon Spring & Mattress Co.

Beaudry & Company, Incorporated

Beaver Brook Knitting Co., Inc.

Beede, Kelly & Beede, Inc.

Belcher and Taylor Agricultural Tool Company

Bell Auto Supply Co.

Belle Bryce Gemmel, Inc.

Belmont Dairy Lunch, Inc.

Belvedere Theatre Corporation

Belvidere Lunch System Inc.

Benjamin Fox, Incorporated

Bennett Fish Company

Bensabat & Britton, Inc.

Bergson Clothing Company

Berkshire Remnant Company

Bernard's Incorporated

Berstein-Sullivan Shoe Co.

Berwick Hotel Company, The

Besse & Bryant Company Incorporated

Besse-Avery Company Incorporated

Besse-Baker Company

Besse-Boeker Company Incorporated

Besse-Boynton Company Incorporated

Besse-Bryant Company

Besse-Carpenter Company

Besse-Clarke Company Incorporated

Besse-Eldridge Company Inc.

Besse-Leland Company Incorporated

Besse-Mills Company

Besse-Richey Company Incorporated

Besse-Rolfe Company

Acts, 1923. — Chap. 203. 179

Besse Russell Company Certain

T> c ri T J. J corporations

iJesse-bprague Company Incorporated dissolved.

Besse System Company, Bangor, Maine, Incorporated
Besse System Company, Kansas City, Kansas, Incorpo-
rated
Bestoil Company of New England
Beverly Caramel Company
Bianco Brothers Corporation
Bigheart Producing and Refining Company
Bilt-Rite Manufacturing Company
Black's Fur Shop Inc.

Blackstone Beef Company, Incorporated, The
Blackstone Provision Company
Blanchard Electric Company
Bleiler Contracting Company
Bloom Wool Stock Company, Inc. of Boston
BlueBird Company of New England
Bolles & Cross Garage Inc.
Bonny Brook Farm. Company

Boston and Penobscot Ship-building Company, The
Boston & Revere Rubber Company, The
Boston and Virginia Nickel Company, The
Boston Art Film Studios, Inc.
Boston Automobile Parking Co. Inc.
Boston Bargain Store, Inc.
Boston Bearing Works, Inc.
Boston Cab Company
Boston Chain Company, Inc.
Boston Confectionery Company (1908)
Boston Doughnut Baking Co.
Boston Dredging Company
Boston Export & Import Corporation
Boston Export Company
Boston Fabric Shoe Co.
Boston Fashion Store, Inc., The
Boston Fur Company
Boston Garage Company
Boston Glass Blowing Company
Boston House Wrecking Company
Boston Hygienic Institute, Inc.
Boston Importing Company
Boston Jobbing House, Inc., The
Boston Lunch Company Inc., The
Boston Men's Shop, Inc.
Boston Model Creamery Company
Boston, Nahant and Pines Steamboat Company
Boston Net and Trawl Co.
Boston Novelty Company
Boston Omnibus Company
Boston Packing and Provision Company
Boston Palm Beach Development Company
Boston Pennant Company
Boston Reliable Petticoat Co.

180 Acts, 1923. — Chap. 203.

SSorations Boston Sanitary Belt Company

dissolved. Boston Scaling and Turbine Company

Boston Standard Brick Company

Boston Storage Battery Company

Boston Tool & Mfg. Company, Inc.

Boston Top Coat Manufacturing Company, Incorporated

Boston Toy Company

Boston Trailer Company, Inc.

Boston Union Cigarmakers' Co-operative, Inc.

Boston West Africa Trading Co.

Boston Wood Fibre Products Company

Boulevard Spa Company

Box & Fox, Inc.

Boyce Cigar Company

Boyd Manufacturing Company

Boylston Druggists' Supply Co.

Boylston Realty Corporation

Bradford Riding School, Inc.

Brattle Press, Inc.

Bread Shop Co.

Breck's Real Estate Agenc}^ (Inc.)

Brenton Hotel Company

Brett Optical Company

Bridge-Baxter Co.

Bridgewater Transportation Company

Brightwood Brass Foundry, Inc.

Bristol County Creamery, Incorporated, The

Bristol Macaroni Company

Broadbent's Drug Shop, Inc.

Broadhurst Brushes Incorporated

Broadway Revere Garage, Inc>

Broadway Wholesale Millinery Co.

Brockton Cornice and Sheet Metal Company

Brockton Felt Shoe Company

Brockton Iron and Metal Company

Bromdale Knitting Mills

Brooks Motor Car Co., Inc.

Brousseau, Fagan Co.

Brown Bros. Cut Sole Co.

Browne Motors Corporation

Bruce-Morrison Company

Brundage-Bateman Company

Bryant-Besse Company Incorporated

Buchanan Forwarding Company

Buckley-O'Neill Co.

Buckman Leather Company

Builders Materials Corporation

Bunting & Emery Company

Burgess Company

Burke and Dunn Transportation Company

Burnell-Faulkner Company, The

Burns, Gold-Croston, & Carr Company

Bushnell Sales Corporation

Acts, 1923. — Chap. 203. 181

Busy Bee INIanufiicturinK Company Certain

Vt .. Q T> r' I- " corporations

rJutt &; Koss Company dissolved.

Buzzards Bay Electric Company

Byron-Patch Company

C. A. Bray Company, The

C. A. C. Axe Company

C. & D. Electric Company, Inc.

C. B. Coates Company

C. B. Hamblen & Co. Inc.

C. D. E. Realty Company, Inc.

C. F. Trask Manufacturing Company

C. H. Clark and Company, Inc.

C. H. Hanson & Co., Inc.

C. J. Kane Grocery & Provision Co., Inc.

C. J. Mann & Co., Incorporated

C. J. Tsivoglou, Incorporated

C. Johnston Company Incorporated

C. K. Smith and Company, Incorporated

C. L. Williams Company

C. M. Little Company

C. M. Walls Company, Inc.

C. W'. Haselton Company

C. W. Hoagland Company

C. W. Skiff Company

C. Wesley Smith Shoe Company

Cabot Company, The

Cacocum Fruit and Products Company

Cahill Bros. Co.

Calef Gas Burner Company

Cambridge Co-operative Society

Cambridge Emporium, Inc.

Cambridge Sand and Gravel Company

Cambridge Sun Publishing Company, The

Canadian Drug Co.

Canadian Products Corporation

Canbec Fire Extinguisher, Incorporated

Canning Bros. Incorporated

Capital Securities Corporation

Capitol Chemical Company

Capitol Dress Company

Capitol Interstate Express Company

Capitol Motors Corporation

Caravoulias Shoe Manufacturing Company

Carlyle Chemical Co.

Carragher Demountable Rim Corp.

Carrigan and Hill Company

Carrigan Supply Company

Casino Company, The

Castle Clothing Company

Cellset Brush Company, The

Cellustro Fibre Silk Company

Central Tire Company

Centre Hill Drug Company

182 Acts, 1923. — Chap. 203.

S-'^orations Chain Provision Stores, Inc., The

dissolved. Chandler's Corset Store, Inc.

Chapin & Clark Shoe Co. Inc.

Chas. A. Lyons Auction and Commission House Inc.

Charles D. Brown & Co., Incorporated

Charles H. Hayes Company

Charles KroU Co., The

Charles O'Neil and Company, Incorporated

Charles River Amusement Company

Charles River Auto Parts Company

Charles River Realty Co.

Charles Wirth & Co., Inc.

Charlestown Garage, Inc.

Charlotte Cheese Co. Inc., The

Charlotte Dress Company, The

Chelsea Entertainment Corporation

Chelsea Foundry Company

Chelsea Grocery and Provision Company

Chelsea Storage Company, Inc., The

Chemi-Clenz Mfg. Company, The

Chemical Reduction Company

Chicago Beef & Products Co.

Chicopee Lumber Company, Inc.

Chinese-American Company

Chinese Importing Company

Christmas Trucking Co.

Church Invisible, Inc., The

Ciampa Press Co. Inc., The

Circuit Garage Company Inc.

Citizens Investment Company

Citizens Rubber Co.

Citizens Securities Corporation

City Ice Co., Inc.

Clark & Company, Inc.

Clark & Smith, Inc.

Clark Independent Oil Company

Clark Motor-Truck Sales Company

Clark Wine Company

Clarke Produce Company, Inc.

Clark's Boston Food Shop, Inc.

Clemons-Hayden Garment Co., Inc.

Clough Lumber Company

Clover Stores Company

Coastwise Scaling Company

Cochituate Oil Proof Co.

Coconut Plantations Company

Coe-Stapley Manufacturing Corporation

Coghlin-Wilson Electric Company

Cohen Clothing Co., Inc.

Coin Lock Service Corporation

Coleman & Hamblett Company

Coleman-Robert Shoe Co.

CoUinson-Holland Company

Acts, 1923. — Chap. 203. 183

Colombi Tire Corporation Certain

Colonial File Company of Massachusetts dSoived""^

Colonial Laundry, Inc., The
Colonial Lumber Company
Colonial Mills Company, Inc.
Colonial Motor Line, Inc.
Colonial Phonograph Company
Colonial Trading Company
Colonial Upholstery & Drapery Company
Coloradas Sugar Company
Columbia Garage Incorporated, The
Columbia Grocery Company
Columbia Welting Company
Columbus Interstate Express Company
Columbus Paper Box Company
Comdelcar Company of Massachusetts
Commercial Aircraft Corporation
Commercial Export Corporation
Commercial Machine Company
Commercial Service Co. Inc.
Commercial Wool Company
Commonwealth Building Wrecking Company
Commonwealth Cigar Box Co.
Commonwealth Cinema Corporation
Commonwealth Dress Manufacturing Co.
Commonwealth Glove Company
Commonwealth Lumber Company
Commonwealth Motor-Ship Company
Community Shoe Shop, Inc.

Concrete and Expanded Metal Construction Company
Confectioners Distributing Company
Congdon Shoe Corporation
Conley & McElroy Mfg. Co. Inc.
Conlon & Peterson, Inc.

Connecticut Advertising & Sealing Corporation
Connecticut Public Market, Inc.
Connecticut River Paper Company
Connecticut Valley Bottling Co.
Council, McKone, Sparks Co.
Connelly's Inc.

Consolidated Manufacturing Company
Consolidated Mills Corporation
Consolidated Paper Bag Company

Consolidated Smelting and Refining Company, Incorpo-
rated
Consolidated Theatrical Enterprises, Inc.
Construction and Finance Service Company
Consumers Baking Company
Consumers Clearance House, Incorporated
Consumers Italian Co-Operative Society of Somerville, Inc.
Consumers Leather and Finding Company, The
Continental Baseball Association, Inc.
Continental Dress Co.

184 Acts, 1923. — Chap. 203.

SSrations Continental Fur Trading Corporation

dissolved. Continental Products Corporation

Continental Securities Corporation

Continental Sugar & Products Co. of Brockton, Mass.

Continental Sugar & Products Co. of Fitchburg, Mass.

Continental Sugar & Products Co. of Manchester, N. H.

Continental Sugar & Products Co. of Northampton, Mass.

Continental Sugar & Products Co. of Springfield, Mass.

Continental Sugar Products Company of New Haven,
Connecticut

Continental Sugar Products Company of Portland, Maine

Conway Company

Cooke-Dodge Company, The

Co-Operative Service Inc.

Copartnership Building Associates, Inc.

Copley Square Music Shop, Inc.

Copymakers Corporation

Corinth Creamery Company

Cortland Tire Company

Cosmic Power Company

Cosmo Radio Corporation

Cotocheset Company

Coughlan and Shells Company

Court Movies, Inc.

Covich Finklestein Company, Incorporated

Cox Dental Company

Cranberry Harvester Company

Cranford Club, Inc.

Crescent Amusements, Inc.

Crescent Counter Co.

Crescent Leather Company

Crescent Restaurant Company Inc.

Crofoot Gear Works, Incorporated

Crompton Lawrence Manufacturing Co.

Cronkhite, Sands & Co. Inc.

Crotty Kendall Shoe Co.

Crouse Lunch Company

Crucible Furnace Supply Co., Inc.

Crystal Theatre Co.

Cuba Sugar Corporation

Cumberland Rubber Co.

Curtis Service Inc. *

Curtiss' Berkshire Estate, Inc.

Cushing Beef Company

Cushman, Brown Cut Sole Co.

D. A. Gordon Company

D. F. Briggs Company, The

D. S. Henry Company

D. W. Ranlet Company, The

Daily News Company

Daly Wagon Manufacturing Company

Daniel L. Kenslea Company

David, Patrick and Company, Inc.

Acts, 1923. — Chap. 203. 185

Davis Woodworking Company Certain

T\ • r^ r- »' corporations

Davison Company dissolved.

Daw You Low (Liberty Company)

Day and Night INIotor Transportation Company

Daymor Lumber Co.

DeAngelis Company

De Curtis Permutation Lock Company, The

De Nevers Typewriter Co., The

De Stefano Construction Co.

DeWitt Manufacturing Company

Deer's Horns Cider Company, Inc.

Defiance Shoe Company, The

DeUsco Spa, Incorporated

Denta Derma Co. Inc.

Desmarais Drug Company

Dewey & Co. Incorporated

Dextro-Germ Propagating Company

Diamond Paint and Varnish Works, Inc.

Diamond T. Motor Truck Co. of Boston

Dimm-Semmons Company

Dionne Trucking Inc.

Dirigold Sales Co. of New England Inc.

Discount Company of New England

Dobbins-Lowell Co.

Dr. Bennett, Incorporated

Dr. G. A. Allen Drug Co.

Dr. J. A. King, Inc.

Dr. Reid's Saluvia Co.

Dr. Romanow United Dental Offices, Inc.

Dr. Willard M. Lindsey Incorporated

Domestic & Foreign Securities & Trading Corporation

Domestic Electric Appliance Company

Domestic Vacuum Cleaner Company

Dominion Lumber Company of Massachusetts, Inc.

Dorchester Auto-Parts Corporation

Dorchester Co-operative Society, The

Dorchester Parcel Delivery Company

Dorchester Provision Co. Inc.

Dorr Company, The

Dover Hotel Co.

Dow Manufacturing Company (1920)

Dowd & Trussell Co.

Dows Company, The

Doyle Company, The

Droogas Jewelry Co., Inc.

Du Berger Company, The

Dubuc & Lavallee Inc.

Dudley Garage Inc.

Duffy Motor Transportation Co. Inc.

Dugan's Lunch Inc.

Dunbar Avenue Garage Company

Duntlin Mailing Company, The

Durell, George & Co., Inc.

186 Acts, 1923. — Chap. 203.

Certain Dusteii Shoe Company

dissolved. Dwight Motors Company, Inc.

E. A. Bruce Electric Co., (1911)

E. A. Huntington Co.

E. A. Ormsby & Sons Inc.

E. C. Campbell Co.

E. C. Preble Co.

E. E, Bussey Incorporated

E. E. McKeen Co.

E. H. Jennison and Company, Incorporated

E. J. Shea Bros. Grocery Co. Inc.

E. L. Fickett & Co. Inc.

E. N. Thayer Company

E-0 Clock Company, The

E. R. Sherburne Company

E. S. Hemmenway Corporation

E. T. Shaw Co.

Eagle Construction and Engineering Company

Eagle Grocery Stores, Inc.

Eagle Motorcycle Company (1919)

Eagle Motorcycle Company (1920)

Eagle Novelty Company

Eagle Wood Heel Co.

East Coast Company of Massachusetts

Eastern Bottlers' Sugar Company

Eastern China Company, Inc.

Eastern Cold Storage Company, The

Eastern Handle Company

Eastern Lumber & Supply Company

Eastern Poultry and Egg Company

Eastern Produce & Provision Co.

Eastern Rubber Manufacturing Corp.

Eastern Rubber Reclaiming Company

Eastern Securities and Investment Co., Inc.

Eastern States Willys Light Corporation

Eastern Utilities Corporation

Eastern Wool Co.

Eastgate Flour and Products Company

Eclipse Doll Mfg. Co.

Economical Tobacco Co., Inc.

Economy Clothing Company

Economy Co-operative Store, Incorporated

Economy Toggle Company

Edinberg Metal Company

Edison Fixture Company of Boston, The

Edward F. Mills Shoe Company

Edward S. McCloskey Company

Edwin J. Forrester Company

Efdee Insole Company

Egyptian Spray Manufacturing Company

Eigen & Cant Company

Elberfeld Chemical and Manufacturing Company

Electric Construction Company

Acts, 1923. — Chap. 203. 187

Electric Highway Signal Company Certain

Electrical Refrigeration & Appliance Corporation, The dUssoiTCd""*

Electro Service Press

Elite Shoe Factories, Inc.

Ellingwood Tire Company

Elm Hill Garage Co.

Elmcroft Farm, Inc.

Embossograph Products Corporation

Embroiderers' Supply Co.

Emery & Co., Inc.

Emery-Wilkin Company, The

Emplo^-ees Publishing Company, Inc., The

Enterprise Shoe Store Inc.

Enterprise Trucking Company

Enterprise Umbrella Manufacturing Co.

Ernest Bernitz, Inc.

Ernest J. Porter, Incorporated

Ernest M. Skinner Company, The

Essayan Jewelry Co.

Essex County Medical Institute Company

Essex Ice Cream Co.

Essex Last and Remodelling Company

Essex Roofing Company

Eugene Grant Company, Inc.

Eureka Sales Company, Incorporated

Evans Hotel Company

Everett Amusement Company

Everett Factories Corporation

Everett Olympia Company

Excelsior Realty Company

Exchange Security Corporation

Executive Corporation

Eye-Glass Shop, Inc., The

F. A. Davis and Son, Incorporated

F. A. Howard Laboratories Inc.

F. & F. Auto Co.

F. C. Wilson Co.

F. D. Collins Co.

F. E. Cullen, Inc.

F. E. Short and Co., Inc.

F. F. Woodward Co., The

F. Kenney Mfg. Co.

F. L. Wiswall Tire Co.

F. W. Martin Co.

F.W.Smith Co.

Fabric Finance Corporation

Fair Incorporated, The

Fairbanks Laidlaw Company

Fairfield Farms Co.

Fairhaven Shipbuilding Company

Falk Confectionery Company

Fall River Woman's Shop, Inc.

Falmouth Arms Company

188 Acts, 1923. — Chap. 203.

Certain Falmouth Strawberry Growers' Association, Incorporated,

SssoiTCd°"* of Falmouth, Massachusetts

Family Associates Inc., The

Family Investment Corporation, The

Famous Amusement Company

Famous Ice Cream Company

Famous Restaurant Company

Faneuil Laboratories, Inc.

Fannette Custom Waist Shop, Inc.

Farm-Home Stores Company

Farm Tractor & Supply Company of New England

Farrow Shaneck Company

Federal Auto Parts Company, Inc.

Federal Building and Contracting Company Incorporated

Federal Cap Co., The

Federal Oil Products Corporation

Federal Tool Company

Federal Toy Mfg. Co.

Feiners Boys Shops, Inc.

Feinsilver Tarlin Co.

Felt Products Corporation

Fenway Breweries Company

Ferguson Laundr}', Incorporated

Ferncroft Club Inc.

Fess Rotary Oil Burner Inc.

Fidelity Bond and Guaranty Company

Fidelity Finance Company

Filmland City Operating Corporation

Finance Publishing Company

First Polish Wholesale Grocery Co.

Fisher Chemical Co.

Fisher-Freedman-Barnett Shoe Company

Fisher Hill Realty and Investment Company

Fisher Perpetual Motion Corporation

Fitchburg Co-operative Society

Fitchburg Dry Goods Company

Fitrite Arch Support Co.

Fitzgerald-Keating Construction Company, The

Flan-Sha Company

Fleishman & Estrella Company

Flex-or-Crete Manufacturing Company

Flynt Building and Construction Company

Follette Isaacson Company, The

Food Products Company

Ford Owners of America, Inc.

Ford's Wawbeek Springs Inc.

Foreign Language Newspaper Advertising Company

Forest Grove Realty Company, The

Forest Park Garage Company, The

Forest River Pharmacy, Inc.

Forman-Edgers Skirt Company

Forty State Street Corporation

Forwarding Corporation, The

Acts, 1923. — Chap. 203. 189

Foster-Avery Company Incorporated SSorationa

Foster-Besse Company Incorporated dissolved.

Framingham Forge Company

Framingham IMotor Garage, Inc.

Framingham Motor Supply and Tire Exchange, Inc.

Frank G. Rowley & Company, Inc.

Frank I. Klayman Company, Incorporated, The

Frank Jones Brewing Company

Frank L. Gould & Sons, Inc.

Frank W. LawTence Company

Frank X. Johnston Company

Franklin Macaroni Manufacturing Co.

Franklin Mills Corporation

Franklin Roof Coating Company, Inc., The

Franklin Square Electric Co., The

Franklin Square Garage, Inc.

Franklin Trading Company

Frascati Restaurant, Inc., The

Fred A. Mann Company

Fred G. Hakim & Company, Inc.

Fred H. Roberts Company

Fred S. Smith Company

Frederick & Company, Inc.

Frederick J. Caldwell Inc.

Freed Co., The

French-American Business Institute Inc.

French Coal Company

Frendon Manufacturing Company, Inc.

Friendship Shop, Inc.

Frost Machine Company

Fuller-Love well Co., Inc.

Fulton Tire & Rubber Co.

Fulton Tire Corporation

G. A. C. Knight Co.

G. A. Harb, Inc.

G. & G. Shoe Company, Inc.

G. Clifford Baker and Company Incorporated

G. W. and F. Smith Iron Company

G. W. Reid Co.

Gahan Baking Company

Gainaday Company of Western Massachusetts

Gainaday Electric Company

GaUigan Drug Co. Inc.

Ganguet, Inc.

Gdansk Corporation

Gendreau Furniture Company

General Fastener Company, Inc.

General Fire Extinguisher Company of Massachusetts

General Steel & Rubber Stamp Company

General Traders, Inc.

Geo. A. Kinley Leather Company

George A. Martin, Inc.

George B. Graff Company

190 Acts, 1923. —Chap. 203.

SrSrations GcoFge E. Larrabec Corporation, The

dissolved. Gcorge Grow Tire Company of Atlanta

Geo. J. Kelly Co.

Geo. M. Byard Company

George T. Tucker & Co., Inc.

George Whiteacre Company, Inc.

Georgetown Standard Shoe Co. Inc.

Gibbons Body Company, The

Gilbert and Vaughn, Inc.

Gill & Hall Company

Gilman Square Pharmacy, Incorporated, The

Gimbel Brothers Company

Glaser & Bakeman, Inc.

Glassman Express Co.

Glenview Farm, Inc.

Glideoplane Mfg. Co.

Globe Amusement Company

Globe Counter Company

Globe Electric Company

Globe Vaudeville Company, The

Gloucester Block Company

Glove Instep Shoe Company

Godfrey's Garage, Inc.

Goldberg Pharmacy, Inc.

Golden Crown Preserving Company

Golden Lathe Repairing and Manufacturing Company

Golden Rule Markets, Inc.

Goldman and Danberg, Incorporated

Goldman and Richmond, Inc.

Goldstein & Cohn Co.

Goldstein-Jacobs Co.

Gooch, Otis Company, Incorporated

Goodell's Garage, Inc.

Goodman Drug Company Inc.

Goodwear Apparel, Inc.

Gordon Fur Mfg. Co.

Gordon Tire Company

Gormley Tanning Co., The

Graff Bros. Co.

Granite City Pressed Brick & Stone Company

Granite State Shoe Company

Great Barrington Coal Company

Greater Boston Tire Co.

Greek American Exchange Corporation

Greenlay Manufacturing Company

Greyhound Transportation Co., Inc., The

Griffiths Food Shops Corp'n

Grocers Cash Wholesale Company

Grocery & Drug Sundries Inc.

Gruebite Co.

Gumbleton Sanitary Laundry Co., Inc.

Gurvitz Bros. Inc.

Guy D. Tobey, Inc.

Acts, 1923. — Chap. 203. 191

H. & J. Brewer Co. (190G) Certain

H/-1 -HT /^ x" •corporations

. C Messervy Corporation disaoived.

H. C. Shaw Company

H. E. Cunningham Motor Trucking Company

H. Gussman Company

H. Laurin, D. D. S., Inc.

H. Nash Wagon Company

H. P. Wanner & Co. Inc.

Haggerty-Ferguson Co., Inc.

Hall Motor Truck Co. of New England

Hallet & Robinson Beef Co., Inc.

Hambro Slipper Company, The

Hamilton Land Company

Hamilton Mineral Springs, Inc.

Hanley-Morgan, Inc.

Hanover Film Company

Hanscom, Upton & Hubbard, Inc.

Harmony Shoppe, Inc., The

Harold Realty Company

Harrington Bros. Company, Inc.

Harrington Tire Corporation

Harriott Company

Harrison-Campbell Company

Harry Maselter Co.

Harry W. Reeves & Co. Inc.

Hart Heating Company, The

Harvard Building Wrecking Company

Harvard Glove Company

Harvey & Parker, Inc.

Harward Mfg. Co.

Harwich Bog Company

Hatch GowTi & Waist Company

Hatfield Citizens Association, Incorporated

Haverhill Die Company

Haverhill Investment Company

Haviland-Day, Incorporated

Havre Beverage Co.

Hawes Company, Inc.

Hawkins-Merrill Incorporated

Hawthorne Blanket & Woolen Mills

Hayes Shoe Corporation

Haymarket Provision Company

Hellenic Cut Sole Leather Co.

Henry G. Bissell & Co., Inc.

Henry Wood's Sons Company (1884)

Henry's Bakery, Inc.

Herbert R. Lane & Co., Incorporated

Hews China Company, Inc.

Higgins Trucking Company

High Grade Shoe Manufacturing Company

Highgrade Delicatessen and Dining Room Inc.

Highland Co-operative Fruit Exchange, The

Highland Machine Company

192 Acts, 1923. —Chap. 203.

Certain jj^u (^jj-gg^ FtuH Company

corporations ttmi • i tv/t • t-i- A -r

dissolved. HiUside Motion ricture Co. Inc.

Hinsdale Drug Company
Hodgson, Slocum & Co. Inc.
Holden & Crout, Incorporated
Holdsworth & Farrington Inc.
Holl, Duncan & Vail, Inc.
Hollidge, Badger Corporation
Holt & Beebee Co.
Holt & Beebee Mfg. Co.
Holyoke Real Estate Trust, Inc.
Holyoke Specialty Manufactm'ing Company
Home Utilities Sales Corporation
Hoosac Lumber Company
Hope Burlap Company
Hopkinton Products Co.
Horton & Hersom Co.
Hotel Bridgway Company (1919)
Hotel Empire, Incorporated
Howe Confectionery Corporation
Hoxie Chemical Company
Hub Baths, Inc., The
Hub Wholesale Millinery Co.
Hubert J. McLaughlin Company
Hubley Box Manufacturing Company
Hudford Truck Company
Hunt & Nichols, Inc.
Hunter Stationery Company
Huntington Art Press, Inc.
Hygeia Beverage Co., The
Hylo Aeronautical Corp'n
Hynes Construction Company
I. J. Melanson Shoe Co., Incorporated
Ideal Electric Lamp Manufacturing Co.
Ideal Leather Company, The
Ideal Macaroni Company

Ideal Regulator & Coal Saver Co. of New England
Imperial Company
Improved Cutter-Bar Company
Independent Cloak Manufacturers Association Inc.
Independent Ice Company of Salem
Independent Reed Products Co.
Independent Shoe Co.
Independent Sugar Company
Indessi Milk Corporation, The
India Company
India Export Company
India Sales Company

Industrial Steamship Ticket and Exchange Agency, In-
corporated
Industrial Trading and Finance Corporation
Industrial Underwriters Inc., The
Instant Products Corporation

Acts, 1923. — Chap. 203. 193

International Cornet School, Incorporated S-porations

International Importing & Drug Co. dissolved.

International Reduction Company of New England, The

International Sales Company

International Traders' Association, The

Interstate Sheep Farms Company

Interstate Trading Corporation

Isaac Riley Company

Italian American Groceries Co-operative Association

Ivar-Lite Inc.

Ivory System Incorporated

J. B. Gaudreau, Incorporated

J. C. Yeaton Company

J. E. DesLauriers Company

J. E. Gordon Co. Inc.

J. E. Newton Company

J. Feldman Co.

J. H. Gerlach Company, The

J. H. Trott Company

J. J. Bagley Transportation Company

J. J. Hayes Co.

J. N. Lapointe Company of Massachusetts, The

J. Nardi Company

J. R. Downing Company

J. S. Holt and Company, Inc.

J. S. Luther and Company, Incorporated

J. S. Orler & Company Incorporated

J. S. Twombly Co.

J. W. King Co., Inc.

J. W. Sargent and Son Company

Jamaica Hardware Company

Jamaica Plain Garage Co.

James J. Hill Co.

James M. White Bottle Company

James N. Klappas & Company, Inc.

Jay Bee Amusement Co., The

Jean B. Le Meitour Compagnie

Jewel Theatre Company

Jewish People's Co-operative Bakery of Springfield, Mass.

inc.
Joe Beef Corporation, The
Joel M. Stearns Company
John B. Gallagher Company
John B. Maynard, Inc.
John Conrad Company, Inc.
John H. Cross Inc.
John Kelly Company
John MacDonald Construction Co.
John W. Maenpaa Color Co.
Johnson and Watson Co., Inc., The
Johnson Brothers Incorporated
Johnson Motor Company
Johnson-Wright Shoe Co.

194 Acts, 1923. — Chap. 203.

Certain JohnsoniE Inc, The

corporations ^ , > -r> n^^ t

dissolved. Johnson s JtJoot bhop Inc.

Joseph C. Dolan Company, Inc.

Joseph T. GalHgan Co.

Juvenile Outfitting Company, The

K. & M. Mfg. Co.

Kaelany Products Company

Kampi-Kosy, Inc.

Karl F. Hopkins, Inc.

Karpas, Schwartz & Phelps Co.

Keans Transportation Company

Keene Tanning Company (1918)

Kelley & Trefry Body Co.

Kelly & Co., Inc.

Kelly-Buckley Company

Keno Supply Company

Keoka Camp Company

Kilburn Company, The

Kimball Company

King Steelcoating Company

Kirkland Bros. Machine Company

Kleno Manufacturing Company

Knelline Specialty Company

Knickerbocker Self Service Inc.

"Kork-Tred", Incorporated

Krisgold Leather Company

L. A. Provandie Co.

L & B Paper Box Company

L & R Specialty Company

L. B. Holliday & Co., Inc.

L. E. A. Smith Company

L. E. Chandler Company Inc.

L. E. Fosgate & Co. Inc.

L. Miller Co. Inc.

L. Speidel & Co., Inc.

L. W. Cole Motor Car Co., The

Lady Mary Dress Company

Laganas Shoe Co., Inc.

Lambert Radio Company

Lane, Trotman and Henzler, Incorporated

Lannin Realty Company

Lass-Spector & Lack Co. Inc.

Lawler Printing Company, The

Lawrence Color and Chemical Works

Lawrence Machine-Gun Mount Company

Lawrence Two in One Tire Company, Inc., The

Le Pelletier, Inc.

Leader Skirt & Dress Company, The

Leading Three Dress Company, Inc., The

Lecuyer Realty Company, Inc.

Leon J. Kreft, Incorporated

Leon Miller Company

Leonard, Chandler & Dopp, Incorporated

Acts, 1923. — Chap. 203. 195

Lerner Blouses, Inc. Certain

Ti'o/^iiT-v r^ T corporations

Leslie b. (jould Drugs Company, Inc. dissolved.

Levenson Shoe Store, Inc.

Liberty Biscuit Co.

Liberty Clothing Co.

Liberty Club, Inc., The

Liberty-Durgin, Inc.

Liberty Ice Cream Co., Inc.

Liberty Lunch Company

Liguria Importing Company

Linden Dye Works, Inc.

Linke, Bryne & Lundskog Electric Company, Inc.

Lithuanian Exchange, Inc.

Little Giant Toy Company

Lloyd Engineering Corporation

Locomotive Paint Co., The,

Loevy Company Inc., The

Logan Johnson, Ltd.

Louis C. Dexter, Inc.

Louisville Food Products Company

Lowell Taxi Service, Inc.

Lowell Witherby Company

Lowrance Company of Rhode Island, The

Loyal American Boys' Camp, Inc.

Lualdi-Drew Inc.

Ludlow Sand & Gravel Company, The

Ludwig Machine Company, Inc.

Luncheon Food Products, Inc.

Lustrol Paint Specialties Company

Lutes and Draper Machine Company

Luxus Auto Company

Lynn Bus Company

Lynn General Electric Employees' Co-operative and Col-
lective Buying Association

Lynn Radio Manufacturing Co., Inc.

Lynnway Aircraft Corporation

Lyons Coal Company

M. A. Houser Co., Inc.

M and S Manufacturing Company

M & W Motor Transport Company

M. B. Marston Company

M. C. Cornez Leather Co. Inc.

M. J. Taylor & Co., Inc. — 1920

M. P. Perley Company, The

M. Rosenfeld Inc.

M. Wolf & Co. Inc.

Macleod, Mitchell and Trask, Inc.

Made-Rite Dress Co.

Madelon Products Co. Inc.

Madison Ice Cream Co., The

Magaziner's Model Bakery Inc.

Magnetic Motor Car Corporation of Worcester County,
Massachusetts

196 Acts, 1923. — Chap. 203.

Certain Mahonev Cierar Company, The

dissolved. Mammoth Spun Silk Corporation

Mann-Mullen Leather Company

Manufacturers Brokerage Co. Inc.

Marcus Producing Company, Incorporated

Markantes Company

Marshpee Manufacturing Company

Martin J. Shufro Company, Inc.

Martin Printing & Publishing Corporation

Mason Drug Company

Massachusetts Advertising & Sealing Corporation

Massachusetts Auto Finance Co.

Massachusetts Bagging & Burlap Company, Inc.

Massachusetts College of Physical Theraphy Inc., The

Mass. Concrete Construction Co.

Massachusetts Funding Corporation, The

Massachusetts Health Book Publishing Company

Massachusetts Loan Company

Massachusetts Manufacturing Company of Boston

Massachusetts Medical Service Association, Inc.

Massachusetts Medicinal Water Company, The

Massachusetts Motion Picture Theatre Company

Massachusetts Motors, Inc.

Massachusetts Optical Company, Inc.

Massachusetts Paint and Oil Company, The

Massachusetts Photo Play Company

Massachusetts Plastering Co. Inc.

Mass. Pressed Steel Co.

Massachusetts Supply Company

Massachusetts Wholesale Supply Co.

Massachusetts Woolen Company

Masterphone Company, The

Masterphone Sales Company

Mathews & Blanchard Company

Mattapan Kosher Butchers, Inc.

Max D. Rubin Company

Max Miller Co.

Maxwell Manufacturing Company, The

Mayers Costume Co., Inc.

Mayflower Inn Incorporated

Mayflower Lunch, Inc.

Maynard Baking Company

McClaren Tire Company, The

McGuire and McGourty, Inc.

McLean Brothers Garage Co.

Meadowbrook Marble Company

Mechanic Motor Supply Company

Medfield Farms & Greenhouse Company

Medford Construction Company, Inc.

Medford Square Realty Co.

Merchants Discount Association Inc.

Merchants' Interstate Express Company

Merchants Motors, Inc.

Acts, 1923. — Chap. 203. 197

Merchants Syndicate Company Certain

Metal Products Company of New England, The dSved'"^

Metal Products Co. of Newburyport, The

Metal Sales Co. Inc.

Metcalf Hospital

Metro Pictures Corporation of New England

Metropolitan Mattress Company Inc.

Middlesex Raincoat Company

Midgley & Prentice Inc.

Midland Wool Co., of Mass.

Mill-Brook Farm, Inc.

Millen Candy Co.

Miller Made Dress Co.

Miller-Tsivoglu Company, The

Miller-Yanofsky Company, The

Milton Auto Service, Inc.

Miss A. Greene, Inc.

Mitchell Designing School, Inc.

Mitchell-Springfield Company

Model Delicatessen and Lunch, Inc., The

Model Parlor Frame Company, Inc., The

Mohawk Trail Hotel Corporation

Monarch Can Company

Monarch Can Manufacturing Company

Moon Manufacturing Co. Inc.

Moore Paper Box Company

Mosstwin Company

Motors Finance Company

Mullarkey Drug Company, The

Municipal Exposition Co., (Inc.)

Murco Shops, Inc.

Murray-Miller Co.

Mutual Lamp Company

Mutual Medical Service Association, The

Myer Weinberg Company

Mystery Island Company

N. L. Stebbins, Incorporated

Nadeau Extender Company

Naillik Motor Signal Company

Nankin Garden Inc.

Napoli Cafeteria, Inc.

Narragansett Fur Company

Nathan Kramer's Sons Company, Incorporated

Natick Manufacturing Company Inc.

Natick Underwear Company

National Aero Corporation

National Community League Inc.

National Garage Company

National Grocers Profit-Sharing Co.

National Health Book Sales Company

National Manufacturing Company

National Metal Products Company

National Oil Company

198 Acts, 1923. — Chap. 203.

SrSorations National Packing Company

dissolved. National Profit-Sharing Markets, Inc.

National Refrigerator Company

National Rubber Heel Company

National Safety Lift Co., Inc.

National Scale Company

National School Sales Corporation

National Sewage and Garbage Corporation

National Steel and Iron Works Co.

National Underwriters, Inc.

National Vaudeville Circuit, Inc. of N. E.

Needham Tire Company

New Athens Press, Inc., The

New Bedford District Co-operative Society

New Bedford Extractor Company

New Bedford Football Association, Incorporated, The

New Bedford Manufacturing Company, The

New England Abrasives Company

New England Airplane Company

New England Art Institute, Inc.

New England Auto Body Co.

New England Auto Top Corporation

New England Automobile Racing Association Inc.

New England Barrel Company

New England Building Material Bureau, Inc.

New England Castings Company, The

New England Cloak and Suit Company

New England Coal and Wood Company, The

New England Electric Lamp Company

New England Macaroni Manufacturing Company

New England Mercantile Company

New England Modern Laundry Company

New England Motor Freight Company, The

New England Music Co.

New England Production Co.

New England School of Art, Inc.

New England Spark Intensifier Company

New England Surgical Supply Company

New York Branch Dry Goods Store, Incorporated

New York Institute of Business Administration, Inc.

Newcomb's Express Company, Inc.

Newman & Co., Inc.

Newport Electric Company

Newport Fisheries, Ice & Cold Storage Company

Newton Combing Company

Newton Motor Co.

Newton Pressed Steel Co.

Nickerson-Schenck Paper Company, Inc.

Noiseless Typewriter Agency, Inc.

Norfolk Community Garage Inc.

Norris Insurance Agency, Inc.

North Reading Amusement Company

North Reading Community Transit Co.

Acts, 1923. — Chap. 203. 199

North Shore Houdaille Co., Inc. w/OTrtions

North Shore Motor Truck Corporation dissolved.

Northampton Market Inc.

Northern Leather Co. of Brockton

Northwestern Oil Co. of Massachusetts

Norton Silver Company

Novelty Cleansing and Dyeing Company

Novelty Shop Incorporated, The

NudoU Manufacturing Company

Nupro Incorporated

O. K. Fibre Co.

O. S. Lynde Beef Company

Oakbirch Inn Inc.

Observer Publishing Co., The

Ocean Terminal Railroad Company

Ocean Terminal Railroad Dock and Elevator Company

Odd Fellows Hall Association of South Weymouth

Old Colony Contracting Company

Old Colony Ice Cream Company

Old Medford Laundry Company
Ogna-Salutaris Company

Onota Knitting Mills, Inc.

Osgood Chemical Company (1915)

Ovingtons Inc.

P. C. Headley, Jr. Inc.

P. M. Leavitt Co. of Lawrence, Mass.

P. M. Leavitt Co. of Marlboro, Mass.

P. M. Leavitt Co. of Norwood, Mass.

P. M. Leavitt Co. of Quincy, Mass.

P. N. Cote Company

Pace Agency for Placements, Inc.

Park Drug Company

Parker Investment Co.

Parker Rubber Mfg. Co.

Parkhurst & Green, Inc.

Parkway Shoe Company

Parsons-Reynolds Company

Patto Corporation, The

Paul Revere Garage, Inc.

Peabody Housing Corporation

Pearse Sales Corporation

Peerless Dress Company

Peerless Last Remodeling Co.

Peerless Manufacturing Company

Peerless Sealing Machine Company

Pemberton Hotel Company

Pemberton Operating Company

Penn Investment Corporation

Peoples Coal & Mason Supply Co.

People's Co-operative Bakery Association

Peoples Exchange, Inc.

Peoples Market, Inc., The

Peoples' Mutual Supply Company, Inc.

200 Acts, 1923. — Chap. 203.

?o^r?orations Pcoples Public Market of Brighton, Inc.

dissolved. Perfection Toy Craft Company

Period Furniture Mfg. Company

Perry Theatres Inc.

Phelps Theatre Company

Phonograph Outlet Company Incorporated, The

Pico Cranberry Company

Pike Woolen Mills

Pine Grove Ice Company

Pine Island Development Company

Pinewood Rest, Incorporated

Pioneer Press, Inc.

Pittsfield Tire & Rubber Co.

Plymouth County Auto Supply Company

Plymouth Rubber Company

Polish Co-operative Association of Brockton, Mass.

Polish National Co-operative Association

Polish-National Co-operative Store Association, The

Pond Specialty Company

Pond Syndicate, Incorporated, The

Portland Sales Co.

Potter Manufacturing Company

Potts Run Coal Sales Corporation of Massachusetts

Prince's Garage, Inc.

Progress Clothing Manufacturing Company, Inc.

Progress Confectionery Co., The

Protective Loan Company, The

Public Service Builders, Inc.

Puritan Antique Shop, Inc.

Puritan Color Company

Putnam & Son Company

Quality Paper Company of Lynn, Mass.

Quen Hing Yuen Incorporated

Quincy Quarry Owners Producing Company

Quincy Theatres, Inc.

R & G System of Bakeries, Inc.

R. J. Estabrook Company

R. W. Bliss, Inc.

Ralph S. Boyd Company

Rancourt Construction Company, Inc.

Rand Adjustable Index Company

Ray Clothing Company Inc.

Realty Sales Company

Reidpaths, Inc.

Reliable Auto Co.

Reliable Lunch, Inc.

Reliable Quick Service Shoe Co.

Renim Specialty Company

Reno Trunk and Leather Goods Company

Reservo Company, The

Resilia Company, The

Resnick Garment Company, The

Rhode Island Advertising & Seahng Corporation

Acts, 1923. — Chap. 203. 201

Riggleman Refrigerator Truck Co., Inc. Certain

T-> • 1 T^ /~i corporations

Kigley Drug Loinpany dissolved.

Rincon Development Company, The

Riverside Garage, Inc.

Roberts Garage, Inc.

Robinson Bros. Company

Rochester Manufacturing Company

Rochon Manufacturing Company, Inc.

Rockwell-Farnum Glass Company

Rodik Company

Rodman Stores Company, Inc.

RosHndale Athletic Association Inc.

Ross Chase Co.

Rossetti Contracting Company, Inc.

Rowe Manufacturing Company Incorporated

Royal Coat Co.

Royal Novelty Company, The

Royal Talking Machine Co. Inc.

Royal Tire Company

Russell & Gra}', Inc.

Russell-Wood, Inc.

Russian-American Export & Import Corporation

Ryco Syrup Company

S. Blaisdell Jr. Company, The

S. H. Huggon Company, The

S. I. Parker Shoe Co., The

S. Krock & Co. Inc.

S. L. Gabriel Company

S. M. Stevens Company

S. Mayer Drug Company

Sabbag's Rotary Rubber Heel Company

Sagamore Corporation, The

Sager-Packard Hardware Co.

Sailors Uniform Company, The

Samuel M. Green Company

Samuel Orkin Company

Samuel Orkin-Nudoll Manufacturing Company

Samuels Incorporated

Sandfelder Corporation, The

Sandgren & Hessler, Incorporated

Sandow Motor Truck Company of New England

Santo Domingo Company

Saugus Community Bus Assn. Inc.

Savin Hill Amusement Co.

Savoy Chemical Company

Sawyer Construction Company

Sawyer Shoe Company

Schenck Paper Company, Inc.

Schmidt Corporation, The

Scituate Beach Association (Incorporated)

Seamans Oil and Gas Company of Kansas^

Security Service Corporation

Shannon Manufacturing Company

202 Acts, 1923. — Chap. 203.

STr^orations ^haw Propeller Company

dissolved. Shawmut Confectionery Co.

Shawmut Marine Company

Sheahan Company Painters

Shearman-Lasker Heating & Manufacturing Company

Sherman and Freedman Company Inc.

Shoe Trade Supply Co., Inc.

Siberian Agricultural Union Incorporated

Silver-Daum Baking Company, Inc.

Simmor Co. .

Sims-Shaw Oil & Gas Company

Sloane Co., The

Smith & Butler Inc.

Smith Shoe Company

Smith Steel Products Co.

Smith's Stage Street Garage, Inc.

Solidarity Publishing Company, The

Somerville Hay and Grain Co. Inc.

Sons of Acreidi Corporation, The

South Boston Warehouse Co.

South Boston Wood and Coal Company

South Broadway Sales Corporation

South End Cash Market, Inc.

South End Garage, Inc.

South End Pharmacy, Worcester, Mass., The

South Fork Coal Sales Co.

South Weymouth Ice Company

Southern New England Country Fair, Incorporated

Spray Primer Company, The

Springfield Brokerage Company

Springfield Dry Goods Store Inc.

Springfield Invalid Lifter Company

Springfield Nokol Oil Burning Co., Inc.

Springfield Produce Brokerage Company, The

Springfield Sash & Door Corporation, The

Springfield Tire & Rubber Co.

Stafolife Bakeries, Inc.

Standard Attractions, Inc.

Standard Auto Horn Company

Standard Baking Company Inc.

Standard Carton Company of Brockton, Inc.

Standard Fibre Company

Standard Pants Mfg. Co.

Standard Paper & Merchandise Co.

Standard Plunger Elevator Company

Standard Provision Company

Standard Real Estate Company

Standard Rim Co.

Stanhope Light & Heating Company

Star Honey Tonic Company

Star Shoe Manufacturing Company

Starin Mfg. Co.

Starr Bog Company

Acts, 1923. — Chap. 203. 203

State Theatre Realty Company, The Certain

Stedman Products Company, The (1920) dil«)iwd°"^

Sterihic Company

Sterhng Land Improvement Company

Sterling Leather Co. Inc.

Sterling Motor Car Company

Sterling Quality Stores, Inc.

Sterling Shoe & Leather Company

Sterling Tobacco Company

Stiller Cloak Company

Stillman Bottling Company

Stone & Webster Realty Corporation

Stone Building Company

Stores Display Company

Stoughton Hardware Co.

Suburban Motor Car Co.

Suffolk Biscuit Company

Sugar Bowl Inc., The

Sullivan & Crimmings Co.

Sulphur Vapor Baths of New England, Inc.

Summer Rubber Company

Sumner Fruit Co.

Sunnyside Land Company

Sunshine Polish Company

SuperSkirt Company, The

Superior Ice Cream Co.

Swan Holt Company, The

Sylvan Company, Inc.

Syndicate Underwriting Corporation

Synthetic Products Co.

Syro Company

T. Casey Company

T. Martin and Brother Manufacturing Company

Talking Machine Sales Corporation, The

Talking Machine Supply House Incorporated

Tarklin Manufacturing Company, The

Taylor-Evans Co., Inc.

Teter and Company, Inc.

Textile Felt and Fabric Co.

Textile Medical Association, Inc.

Thermolac Manufacturing Company

Thomas, Cunniff & Young, Inc.

Thomas E. Sears, Inc., (1919)

Thos. F. Colbert Co.

Tighe Coal Co.

Tilton Mills

Tip Top Dress Co. of New England Inc.

Tirrell Pharmaceutical Company

Tobey Lime Company (1911)

Toole-Camp & Co. Inc.

Torino Corporation

Torrey-Epstein Company

Tough Rubber Company

204 • Acts, 1923. — Chap. 203.

dissolved. 1 read- Well Shoe Company

Trego Automotive Corporation

Tremont Cranberry Company

Tremont Shoe Company, The

Triangle Cloak & Suit Company

Triangle Leather Company

Triangle Motors Company

Trico Company

Trico Trucking Co.

Trimount Real Estate and Loan Co. Inc.

Trojan Laundry, Inc.

Truck Service Corporation

Tunnel City Warehouse Company

Tuxedo Co. Inc.

Twin Peak Mining, Milling and Leasing Company, Inc.

The
Tyler Corporation, The
Tyler Manufacturing Company

Typewriter Ribbon Renewer Manufacturing Company
U. S. Embroidery Works
U. S. Specialty Company
U. S. Standard Product Co. Inc., The
U. S. Toy & Novelties Mfg. Co., The
Uncle Sam Associates, Incorporated
Union City Company, Inc., The
Union Co-operative Store Co.
Union Garment & Towel Supply Company
Union Lobster Company
Union Plate & Wire Co.
Union Shoe Worker Press
Union Theatre Company
United Dress Goods, Inc.
United Furniture Company, Inc.
United Groceries Incorporated
United Machine Equipment, Inc.
United Road Service, Inc.
United Shirt & Collar Co.
United Spring Company
United States Manufacturing Company
United States Sweets Company Incorporated
United States Vaporizer Co.
United States Worsted Company
United Taxi and Sales Company
United Trading Company of America
Universal Metal Products Co.
Universal Sickle Bar Company
Universal Specialty Company
Universal Tire Filler Company
Universal Tractor Company, Inc.
Upton Farmers Cooperative Exchange
Van Costume Company
Van Meter's Bostonian Shoe Co.

Acts, 1923. — Chap. 203. 205

Victor Manufacturing Company Certain

Victor Service Sales Co., The dbTore'cL""

Victory Leather Manufacturing Co.

Victory Lunch Corporation

Victory Webbing Company

Vining Rubber Spring Cushion Company

Vocahon Company of Boston, Inc., The

Vocational Sales Company

Vogue Sample Shop Inc., The

W. A. Clark Incorporated

W. A. Harnden Co.

W. E. Garland Company, The

W. M. Caldwell Company

W. T. Walker and Company Inc.

Wakefield Tire Company

Walcott Trucking and Transportation Company

Walden Improved Wrench Company

Walker Adams Company

Walker Ice Company

Walker-Travers Corporation

Walpole Real Estate Association, Inc.

Waltham Garage Company

Waltham Lathe & Mfg. Co.

Waltham W'atch Chain Company

Waltham Watch Company

Walton & Stevens, Inc.

War Service Record Bureau, Inc., The

Warren Avenue Garage Company

Warren Street Sales Room, Incorporated

Warsaw Clothing & Boot Company, The

Washington Fruit Company

Washington Market, Inc.

Watuppa Manufacturing Company

W^ave Electric Company

Webber Carburetor Co.

Webber Mfg. Co.

Welch's Medford Express Company

Weld Farm Company

W^ell Worth Department Store, Inc.

Wellesley Knitting Mills, The

Welling Manufacturing Co., Inc.

Welsh & Greeley Co.

West Point Tea & Coffee Co.

Western Securities Company

Westfield Food Products Company, The

Westminster Textile Company

Wetherbee Brothers Company

Whaling City Hotel Co., The

White Cross Chemical Company

Whittier Realty Co.

Wids Company, The

William C. Bragg and Company, Inc.

William H. Greenleaf Company

206

Acts, 1923. — Chap. 203.

Certain

corporations

dissolved.

William Hurwitz Co. Inc.

William J. Rounds & Son, Inc.

William Read & Sons, Inc.

William T. English Company

William Woelfel Safety Appliance Company

Willimansett Special Wet Wash Company, The

Wills Sainte Claire Co. of Merrimac Valley

Winchester Theatre, Inc.

Window Attractions Service Incorporated

Winnisimmet Woolen & Iron Company

Winsim's, Inc.

Winthrop Public Market, Inc.

Winthrop Yacht and Supply Companj^

Wirth, Myers Company

Wolent Shoe Lining Co., Inc.

Wolk & Rosenstein, Inc.

Wolman Realty Corporation, The

Woods' Methods Corporation, The

Worcester Bag and Burlap Company

Worcester Brick Company

Worcester Inventors Association, Inc., The

Workers Cooperative Union of South Braintree, Inc.

Workingmen's Publishing Company

Worth Accessories Co., Inc.

Y. & M. Grocery & Provision Company

Zang and Company Inc.

Zenas R. Taylor, Inc.

Zonis Bros., Inc.

Certain chari-
table and other
corporations
dissolved.

Pending suits
not affected,
etc.

Charitable and Other Corporations.

Animal Rescue Lfeague of Hampden County

Chandler Service Homestead Incorporated

Corner Stone Welfare Council Incorporated

Dr. Alcazar's Eye, Ear, Nose and Throat Hospital for

Egypt and Palestine
Door of Hope in Fall River, Inc.
Longmeadow Country Club (1921)
Mashpee Rod and Gun Club
Pemberton Social Club
Reading Odd Fellows Bldg. Association
Riverside House Association

Society for Helping Destitute Mothers and Infants
Waltham War Chest Association
Women's Industrial Association of Roxbury, The

Section 2. Nothing in this act shall be construed to affect
any suit now pending by or against any corporation mentioned
herein, or any suit now pending or hereafter brought for any
liability now existing against the stockholders 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 men-
tioned herein.

Acts, 1923. —Chap. 204. 207

Section 3. Suits upon choses in actions arising out of con- Proeeedings in
tracts sold or assigned by any corporation dissolved by this act choses m"^
may be brought or prosecuted in the name of the purchaser or action, how
assignee. Tlie fact of sale or assignment 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 dissolved by this act.

Section 4. Nothing in this act shall be construed to relieve No relief from
the last person who was the treasurer or assistant treasurer, or, fiie'tax'return,
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 corporations named in this act shall be
determined in accordance with the existing laws of this common-
wealth.

Section 5. This act shall take effect as of March thirty-first when act takes
in the current year. Approved April 4, 1923.

An Act relative to the appointment and term of office
OF election officers.

Chap.204:

Be it enacted, etc., as follows:

Section 1. Section eleven of chapter fifty -four of the Gen- g. l. 54, § ii,
eral Laws is hereby amended by striking out, in the eighth line, '^™®" ^ '
the words "in August" and inserting in place thereof the words:

— between August first and fifteenth, — by striking out, in the
tenth line, the words "the second Monday in" and by inserting
after the word "September" in the same line the word: — first,

— so as to read as follows : — Section 1 1 . The mayor of every Election officers
city, except where city charters provide otherwise, shall annu- appolntmentr^'
ally appoint as election officers for each voting precinct, one ^tc
warden, one deputy warden, one clerk, one deputy clerk, four
inspectors and four deputy inspectors, who shall, at the time of

their appointment, be qualified voters in the ward of which such
precinct forms a part. He may, in like manner, appoint two in-
spectors and two deputy inspectors in addition. Every such
appointment shall be filed in the office of the city clerk of such
city between August first and fifteenth, and shall be acted on
by the aldermen not less than three days after the filing of such
appointment and on or before September first following. Such
appointment shall be open to public inspection. In cities where
the^aldermen accept this section or have accepted corresponding
provisions of earlier laws, no deputy warden, deputy clerk or
deputy inspectors shall be appointed.

Section 2. Section thirteen of said chapter fifty-four is g. l. 54, § i3,
hereby amended by striking out, in the ninth line, the word ''*"'*'"^® •
"fifteenth" and inserting in place thereof the word: — first, —
so as to read as follows: — Section 13. Such election officers Election ofs-
shall be so appointed as equally to represent the two leading reprefentation,
poHtical parties, except that, without disturbing the equal repre- rel^vai°Sr'

208

Acts, 1923. — Chap. 205.

G. L. 54, § 14,
amended.

Filling of
vacancies in
number of
election officers.

sentation of such parties, not more than two of such election
officers not representing either of them may be appointed. The
warden shall be of a different political party from the clerk, and
not more than one half of the inspectors shall be of the same
political party. In each case the principal officer and his deputy
shall be of the same political party. Every election officer shall
hold office for one year, beginning with September first succeed-
ing his appointment, and until his successor is qualified, or until
his removal. An election officer may be removed by the mayor,
with the approval of the aldermen, or by the selectmen, after a
hearing, upon written charge of incompetence or official mis-
conduct preferred by the city or town clerk, or by not less than
six voters of the ward, or, in a town, of the voting precinct where
the officer is appointed to act.

Section 3. Said chapter fifty-four is hereby further amended
by striking out section fourteen and inserting in place thereof
the following: — Section 14- If there is a vacancy in the number
of the election officers, or if an election officer declines his ap-
pointment and gives notice thereof to the city or town clerk
within ten days following the date of his appointment, the mayor
or the selectmen shall, except as provided in section sixteen, fill
the vacancy; and the appointment shall be so made as to pre-
serve the equal representation of the two leading political parties.
Appointments to fill vacancies may be acted upon immediately
by the aldermen. Approved April 4, 1923.

Chav. 205 ^^ Act regulating the payment of retirement allow-
ances TO MEMBERS OF THE STATE RETIREMENT ASSOCIA-
TION.

Be it enacted, etc., as follows:

•

Section 1. Section five of chapter thirty-two of the General
Laws, as amended by sections three and four of chapter three
hundred and forty-one of the acts of nineteen hundred and
twenty-two, is hereby further amended by striking out para-
graph (2) B (h) and inserting in place thereof the following: —
(b) A life annuity of less amount, payable monthly, with the
provision that if the annuitant dies before receiving annuity pay-
ments equal to the amount used to purchase the annuity, the
difference shall be paid to his legal representatives.

Section 2. Said section five, as amended by sections three
and four of said chapter three hundred and forty-one, is hereby
further amended by striking out paragraph (2) E and inserting
in place thereof the following: — E. Minimum and Maximum
Payments. Except as otherwise provided, in no case shall a
member, whether he has elected the form of annuity provided
for in paragraph (2) B (a) or {£) B (b) of this section, be retired
at such an annual rate of pension as would, when added to the
annual amount which would be required to be paid from the
annuity fund if he had elected the form of annuity provided for
in said paragraph (2) B (a), amount to a total retirement allow-
ance of less than three hundred dollars, and in no case shall a
member who has elected either of the aforesaid forms of annuity

G. L. 32, § 5,
etc., amended.

State retire-
ment associa-
tion, annuities
from employees'
deposits.

G. L. 32, § 5,
etc., amended.

State retire-
ment associa-
tion, minimum
and maximum
payments.

Acts, 1923. — Chap. 206. 209

be retired at such an annual rate of pension as would, when
added to the annual amount which woidd be required to be
paid from the annuity fund if he had elected the form of annuity
provided for in said paragraph {2) B (a), amount to a total re-
tirement allowance of more than one half the average annual
rate of his salary or wages during the five years prior to retire-
ment, or, if such member resigns or is dismissed prior to the
date of retirement, during the five years prior to such resigna-
tion or dismissal. For the purpose of determining the maximum
pension and the maximum annuity under this section, the rate
of salary or wages received by a member on the date imme-
diately preceding the period of absence without pay shall be
used as the rate of pay which he would have received during such
absence without pay. Approved April 4, 1923.

An Act providing for a fourth assistant clerk of courts (Jfidj) 206

FOR THE county OF WORCESTER.

Be it enacted, etc., as follows:

Section 1. Chapter two hundred and twenty-one of the g. l. 221, h,
General Laws, as amended in section four by chapter three hun- ^'°' *™^°'^^<^'
dred and five of the acts of nineteen hundred and twenty -one
and by section five of chapter one hundred and sixty-four of the
acts of the current year, is hereby further amended by striking
out said section four and inserting in place thereof the follow-
ing:— SfdioTi Jf- The justices of the supreme judicial court Justices of
shall appoint for a term of three years from the date of their ciai court to
appointment, and ma}^ remove, assistant clerks of courts, as fol- a,£^°tant cier'ka

lows I °^ courts.

For the county of —

Barnstable, an assistant;

Bristol, an assistant;

Essex, an assistant, a second assistant, a third assistant and
a fourth assistant;

Hampden, an assistant, a second assistant and, subject to the
approval of the county commissioners, a third assistant;

Middlesex, an assistant, a second assistant, a third assistant
and a fourth assistant;

Norfolk, an assistant;

Plymouth, an assistant;

Suffolk, an assistant of the supreme judicial court;

Worcester, an assistant, a second assistant, a third assistant
and a fourth assistant.

Assistant clerks of courts except in Suffolk county shall act
as assistant clerks of the supreme judicial court, the superior
court and the county commissioners.

Section 2. Section ninety-five of said chapter two hundred ^e^nded.' ^ ^^'
and twenty-one is hereby amended by adding at the end thereof
the words : — and the salary of the fourth assistant clerk of
courts for the county of Worcester shall be fifty per cent of the
salary of the clerk of courts of such county, — so as to read as
follows : — Section 95. Except as provided in section ninety- Salaries of
three, the salaries of assistant clerks of courts shall be as follows: ofcourts.''^'^

210

Acts, 1923. — Chaps. 207, 208.

first assistant clerks, sixty-five per cent, second and other as-
sistant clerks, sixty per cent, of the salaries of the clerks of their
respective courts, except that the salary of the assistant clerk
of the superior court for civil business in Suffolk county perform-
ing duties as clerk in equity proceedings shall be five thousand
dollars and the salary of the fourth assistant clerk of courts for
the county of Worcester shall be fifty per cent of the salary of
the clerk of courts of such county. Approved April 4, 1923.

Trustees of
Essex county
agricultural
school may
make certain
improvements,
etc.

Loans by Essex
county com-
missioners.

Chap.207 An Act authorizing the trustees of the essex county

AGRICULTURAL SCHOOL TO MAKE CERTAIN IMPROVEMENTS AT
SAID SCHOOL.

Be it enacted, etc., as follows:

Section 1. The trustees of the Essex county agricultural
school, may, subject to the approval of the department of edu-
cation, expend a sum not exceeding twenty thousand dollars, to
be provided by the county of Essex, for the purpose of con-
structing and equipping a greenhouse, including the head house.

Section 2. For the purposes aforesaid, the county commis-
sioners of said county may from time to time borrow upon the
credit of the county such sums as may be necessary, not exceed-
ing, in the aggregate, twenty thousand dollars, and may issue
bonds or notes of the county therefor. Each authorized issue
shall constitute a separate loan and such loans shall be payable
in not more than five years from their dates. Such bonds or
notes shall be signed by the treasurer of the county and counter-
signed^by a majority of the county commissioners. The county
may sell the said securities at public or private sale upon such
terms and conditions as the county commissioners may deem
proper, but not for less than their par value. Indebtedness in-
curred hereunder shall, except as herein provided, be subject to
chapter thirty-five of the General Laws. The proceeds from the
sale of the bonds or notes issued hereunder shall be paid to the
trustees of said school by the treasurer of the county with the
approval of the county commissioners.

Section 3. This act shall take effect upon its acceptance by
the county commissioners of Essex county; provided, that such
acceptance occurs prior to December thirty-first in the current
year. Approved April 4, 1923.

To be sub-
mitted to Essex
county com-
missioners.
Proviso.

Chap. 208 An Act validating certain acts and proceedings of the

TOWN OF CHATHAM AND OF ITS PARK COMMISSIONERS.

Be it enacted, etc., as follows:

All acts and proceedings of the town of Chatham and of its
park commissioners between June sixteenth, nineteen hundred
and twenty-one and the time this act takes effect, so far as said
acts and proceedings were invalid by reason of the failure of said
town legally to accept sections one to nine, inclusive, of chapter
forty-five of the General Laws or legally to elect its park com-
missioners, are hereby confirmed and made valid.

Approved April 4, 1923,

Certain acts,
etc., of town
of Chatham
and of its
park commis-
sioners vali-
dated.

Acts, 1923. —Chaps. 209, 210, 211. 211

An Act authorizing the county of Middlesex to pension (JJid^j 209

PERLIE A. KETCHUM. ^'

Be it enacted, etc., a^ follows:

Section 1. The county commissioners of the county of M°j2fe^e°x^nia
Middlesex may retire Perhe A. Ketchum, an employee of said pension Periie
county, on an annual pension equal to one half the annual com- ' ^^^'^ "'"'
pensation received by him at the time of his retirement, payable
by said county in monthly instalments.

Section 2. This act shall take effect upon its acceptance, To be submit-
prior to December thirty-first in the current year, by the county H^ comity '^'
commissioners of said county. Approved April 4, 1923. commissioners.

An Act relative to the observance of armistice day. (Jfidj) 210

Be it enacted, etc., as follows:

Chapter six of the General Laws is hereby amended by insert- G. l. e, new
ing after section twelve the following new section : — Section l^n^^^ ^
12 A. The governor shall annually issue a proclamation calling Governor to
for a proper observance of November eleventh as Armistice matiorTfo/'
Day, in lasting recognition of the service and sacrifice of those ArmStce Da
sons and daughters of Massachusetts who served in the naval
and military service of the United States during the World War
and in thanksgiving for the termination of hostilities on the first
Armistice Day, November eleventh, nineteen hundred and
eighteen. Approved April 4, 1923.

An Act authorizing the appointment of a third assistant Chav 211
district attorney for the middle district.

Be it enacted, etc., as folloios:

Section 1. Section fourteen of chapter twelve of the Gen- g. l. 12, § i4,
eral Laws, as amended by section one of chapter three hundred ^ *'" '^"^"
and four of the acts of nineteen hundred and twenty-two, is
hereby further amended by striking out, in the ninth line, the
word "and" and inserting in place thereof a comma, — and by
inserting after the word "attorney" in the tenth line the follow-
ing:— and a third assistant district attorney, — so as to read
as follows: — Section 14- District attorneys of the following dis- District attor-
tricts may appoint the following officers, as herein specified, and appoint'Lsist-
may at their pleasure remove them: ant district

-ri 1 r. «• 11 T • • • !• • attorneys, etc.

toT the SuiToIk district, six assistant district attorneys.

For the northern district, an assistant district attorney and
three second assistant district attorneys.

For the eastern district, an assistant district attorney and a
second assistant district attorney.

For the middle district, an assistant district attorney, a
second assistant district attorney and a third assistant district
attorney.

For the southeastern district, an assistant district attorney
and a second assistant district attorney, and, if in the opinion of

212

Acts, 1923. —Chap. 212.

G. L. 12, § 16,
etc., amended.

Salaries of
assistant
district at-
torneys, etc.

Wlien act takes
effect.

the district attorney the interests of the commonwealth require,
with the approval of the chief justice of the superior court, a
deputy district attorney.

For the southern district, an assistant district attorney and
a second assistant district attorney.

For the western district, an assistant district attorney and a
second assistant district attorney, of whom one shall reside in
Berkshire county and the other in Hampden county.

Section 2. Said chapter twelve, as amended in section
sixteen by section two of said chapter three hundred and four,
is hereby further amended by striking out said section sixteen
and inserting in place thereof the following: — Section 16.
Subject to the following section, assistant, second assistant and
third assistant district attorneys and deputy district attorneys
shall receive from the commonwealth salaries as follows:

For the Suffolk district, four assistants, five thousand dollars,
and two assistants, four thousand dollars.

For the northern district, assistant, three thousand dollars;
second assistants, twenty-two hundred and fifty dollars.

For the eastern district, assistant, three thousand dollars;
second assistant, twenty-two hundred and fifty dollars.

For the middle district, assistant, three thousand dollars;
second assistant, twenty -two hundred and fifty dollars; third
assistant, eighteen hundred dollars.

For the southeastern district, assistant, three thousand dol-
lars; second assistant, twenty-two hundred and fifty dollars;
deputy district attorney, such compensation as shall be fixed by
the district attorney, with the approval of the chief justice of
the superior court.

For the southern district, assistant, twenty-four hundred dol-
lars; second assistant, eighteen hundred dollars.

For the western district, assistant, eighteen hundred dollars;
second assistant, thirteen hundred and fifty dollars.

Section 3. This act shall not take effect until an appro-
priation has been made sufficient to cover the salary of a third
assistant district attorney for the middle district for the balance
of the current fiscal year. Approved April 4, 1923.

Chap. 212 An Act relative to the taking and possession of pike

PERCH AND TO THE SALE THEREOF.

G. L. 130, new-
section after
§62.

Taking and
possession of
pike perch and
sale thereof
regulated.

Be it enacted, etc., as follows:

Chapter one hundred and thirty of the General Laws is hereby
amended by inserting after section sixty -two the following new
section: — Section 62 A. No person shall take from the waters
of this commonwealth or have in possession a pike perch or any
part thereof so taken between February first and April thirtieth,
both dates inclusive, or at any time take from said waters or
have in possession a pike perch less than twelve inches in length
so taken unless taken by a person lawfully fishing and immedi-
ately returned alive to the water whence it was taken. No person
shall sell or offer for sale a pike perch taken from the waters of

Acts, 1923. — Chaps. 213, 214. 213

this commonwealth. Whoever violates this section shall be Penalty.
punished by a fine of not more than ten dollars for each fish in
respect to which the violation occurs.

Approved April 4, 1923.

An Act authorizing the commissioner of conservation to QJidjj 213

ACCEPT A gift OF CERTAIN LAND IN THE TOWN OF NEW MARL-
BOROUGH.

Be it enacted, etc., as follows:

The commissioner of conservation, with the approval of the Commissioner

1 .1 j^ 1 1 li? J! xi of conservation

governor and council, may accept, on behali or the common- may accept a
wealth, a gift of land of five acres, more or less, situated in the fancfln towrTof
town of New Marlborough, in the county of Berkshire, to be New Mariboi-
used for the purpose of preserving Campbell Falls, so-called; °"^
provided, that the deed of such land is first approved by the Proviso.
attorney general. The commissioner may, with the approval of Co-operation
the governor and council, co-operate with the authorities of the Connecticut,
state of Connecticut in the care and maintenance of such land. ®**'"

Approved April 4, 1923.

An Act relative to the eligibility of certain towns to nhnr) 214

STATE AID FOR THE EXTINGUISHMENT OF FOREST FIRES. ^'

Whereas, The deferred operation of this act would cause sub- Emergency
stantial inconvenience, therefore it is hereby declared to be an p''^^'" ®-
emergency law, necessary for the immediate preservation of the
public convenience.

Be it enacted, etc., as follows:

Section twenty-four of chapter forty-eight of the General ^g^^/Jj ^ ^*'
Laws is hereby amended by striking out, in the fifteenth line, the
word "tenth" and inserting in place thereof the word: —
twentieth, — so as to read as follows : — Section 24- Money Expenditures
appropriated by a town under section eleven of chapter forty, wardenl!etc.
for the prevention of forest fires, and all fines received under
sections eleven, thirteen and twenty-six of this chapter and
section nine of chapter two hundred and sixty-six shall be ex-
pended by the forest warden, under the supervision of the select-
men, in trimming brush out of wood roads, in preparing and pre-
serving suitable lines for back fires, or in other ways adapted to
prevent or check the spread of fire; or such town may expend ^ood°fn'dto
any portion of such money in taking by eminent domain such prevent forest
woodland as the selectmen, upon recommendation of the forest ^^'
warden, consider expedient to prevent forest fires. Such taking
and the payment of damages therefor or for injury to property,
other than by fire or back fire, shall be governed by chapter
seventy-nine. Every town, the valuation of which does not state aid to
exceed one million two hundred and fifty thousand dollars, for extinguish-
which expends in any one year a sum equal to one twentieth of ^^^^ °^ ^°''®^*
one per cent of its valuation in the extinguishment of forest
fires, shall, upon the recommendation of the forester, approved

214

Acts, 1923. — Chaps. 215, 216.

Proviso.

by the governor, receive from the commonwealth one half of
any additional sum expended by it in the extinguishment of
forest fires, provided that the total amount paid by the com-
monwealth to any such town in any one year shall not exceed
two hundred and fifty dollars. Approved April 6, 1923.

Chap. 21 5 An Act authorizing the town of Hudson to make an

ADDITIONAL WATER LOAN.

Be it enacted, etc., as follows:

Section 1. For the purpose of relaying and extending its
water mains and improving its water distribution facilities, the
town of Hudson may from time to time borrow 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, Hudson Water Loan, Act of 1923. Each
authorized issue shall constitute a separate loan, and such loans
shall be payable in not more than twenty years. 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. Said town shall, at the time of authorizing said
loan or loans, 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 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 payments on the principal as may
be required under this act, shall, without further vote, be assessed
by the assessors of said town 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 April 7, 1923.

Town of
Hudson may
make an addi-
tional water
loan.

Hudson Water
Loan, Act of
1923.

Payment of
loan, etc.

C hap. 21Q An Act authorizing the town of southborough to pay

A certain claim of PATRICK J. o'rEILLY.

Town of South-
borough may
pay certain
claim of
Patrick J.
O'Reilly.

Be it enacted, etc., as follows:

Section 1. The town of Southborough may pay to Patrick
J. O'Reilly the sum of two hundred dollars, the same being the
sum which he would have received had he accepted, within the
time allowed by law, the award of said town for the taking of
land for a certain public purpose, as shown by an order of taking
recorded July sixteenth, nineteen hundred and nine with the
Worcester district registry of deeds, book nineteen hundred and
nine, page four hundred and forty-five.

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

Approved April 7, 1923.

Acts, 1923. — Chaps. 217, 218. 215

An Act to extend the duration of an act authorizing Char). 217

THE appointment BY THE GOVERNOR OF A FUEL ADMINIS-
TRATOR.

Whereas, In order to secure an adequate supply of fuel for Emergency
the citizens of IVIassachusetts in the event of an emergency, the ^^'^^"^
services of a fuel administrator are necessary; and whereas, the
provisions of the Commonwealth Defence Act of nineteen hun-
dred and seventeen, as revived and extended by chapter five
hundred and forty-four of the acts of nineteen hundred and
twenty-two, are operative only until April first, nineteen hun-
dred and twenty-three, therefore this act is hereby declared to
be an emergency law, necessary for the immediate preservation
of the public health and convenience.

Be it enacted, etc., as follows:

Chapter five hundred and forty-four of the acts of nineteen 1922, 544,
hundred and twenty-two is hereby amended by striking out,
in the last line, the word "twenty-three" and inserting in place
thereof the word : — twenty-four, — so as to read as follows : —
The provisions of the Commonwealth Defence Act of 1917, appotntment'"^
being chapter three hundred and forty-two of the General Acts by governor of
of nineteen hundred and seventeen, relating to the appointment, Tstrator, duTa-
duties, authority and powers of a fuel administrator, are hereby *'°° extended.
revived and made operative until April first, nineteen hundred
and twenty-four. Approved April 7, 1923.

An Act authorizing the commissioner of public safety Qfidj) 218

AND his authorized OFFICERS TO ENTER THE PREMISES OF
LICENSED DEALERS IN SECOND HAND MOTOR VEHICLES.

Whereas, It is important and for the interest of the common- Emergency
wealth that prompt action should be taken to prevent the ^^^^"^ ®-
thievery of motor vehicles, therefore this act is declared to be
an emergency law, necessary for the immediate preservation of
the public safety and convenience.

Be it enacted, etc., as follows:

Chapter one hundred and forty of the General Laws is hereby g. l. 140, § 66,
amended by striking out section sixty-six and inserting in place ^'"®"^^^-
thereof the following: — Section 66. The commissioner of public Certain officers,
safety, the police commissioner in Boston, the chief of police of prem^es^oT*^'^
any other city, the selectmen of a town or any police officer '^^"^ond l^'nd
authorized by any of said officials, or an agent or inspector of motor vehicles.
the registrar may at any time enter upon any premises used by
any person licensed under section fifty-nine for the purpose of
carrying on his licensed business, ascertain how he conducts the
same, and examine all second hand motor vehicles or parts
thereof kept or stored in or upon the premises, and all books,
papers and inventories relating thereto.

Approved April 7, 1923.

216 Acts, 1923. —Chaps. 219, 220, 221.

Chap. 219 An Act to enable the trustees of public reservations

TO TRANSFER VIRGINIA WOOD IN STONEHAM TO THE METRO-
POLITAN DISTRICT COMMISSION.

Be it enacted, etc., as follows:

p^brrRe er SECTION 1. The Trustecs of Public Reservations, a corpo-

vations may ration Created by chapter three hundred and fifty-two of the
g^inia^Woocfin acts of eighteen hundred and ninety-one, is hereby authorized
stoneham to and empowered to transfer in fee or for care, maintenance and
district com- control to the commonwealth of Massachusetts, acting through
mission, etc. -^^ metropolitan district commission, a parcel of land known as
Virginia Wood adjacent to the Middlesex Fells reservation of
the metropolitan park system and situated between Pond street
and Ra\ane road in the town of Stoneham, and said district com-
mission is authorized to accept the same on behalf of the com-
monwealth on such terms and conditions as shall be agreed upon
between said trustees and said district commission.
SnedTs^part SECTION 2. Thereafter said parcel shall be maintained as a
of Middlesex part of Said Middlesex Fells reservation, but it shall continue to
tion, etc. bc known as Virginia Wood, and its bounds shall be marked by

suitable boundstones, and the bronze tablet now installed
therein, expressing the purpose of the gift, shall be maintained
in its present or other suitable location.

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

Approved April 7, 1923.

Chap. 220 An Act providing for the redivision into wards of the

CITY of fall river.

Be it enacted, etc., as follows:

Ri*vM°^rec?ivi- Section 1. Subject otherwise to the provisions of chapter
sion into wards, fifty-four of the General Laws, the city of Fall River, by vote
of its board of aldermen subject to the provisions of its charter,
may, in the year nineteen hundred and twenty-three, make a
new division of its territory into the number of wards then
fixed by law.

Section 2. This act shall take eff'ect upon its passage.

Approved April 7, 1923.

Chap.

221 An Act authorizing the payment of reasonable hospital,
medical and surgical expenses of police officers of

THE metropolitan DISTRICT COMMISSION INJURED IN THE
PERFORMANCE OF THEIR DUTY.

Emergency Whcrcas, The deferred operation of this act would injuriously

affect the efficiency of the police department of the metropolitan
district commission and thereby the preservation of public
peace, and would unfairly impose upon the members of said
department medical, surgical and hospital expenses arising out
of injuries sustained by them in the performance of their duty,
therefore it is hereby declared to be an emergency law, necessary

Acts, 1923. — Chap. 222. 217

for the immediate preservation of the pubUc peace, safety and
convenience.

Be it enacted, etc., as follows:

Chapter ninety-two of the General Laws is hereby amended ^^ ^^jf ^g;, "^"^
by inserting after section sixty-three the following new section: §63.
— Section 63 A. The commission may authorize the payment, j^^^,"^®"?* °^ j-
out of the metropolitan parks or boulevard maintenance funds, cai, etc'
of the reasonable hospital, medical and surgical expenses of any pXce^officlrs
permanent member of its police department or of any call officer of metropolitan
thereof disabled, either mentally or physically, by injuries sus- mLion injured,
tained through no fault of his own in the actual performance of ^**'-
his duty, for useful service in the department either temporarily
or permanently. Approved April 7, 1923.

An Act to require instruction in the constitution of nhrj^ 022

THE united states IN THE PUBLIC SCHOOLS. ^'

Be it enacted, etc., as follows:

Section 1. Section one of chapter seventy-one of the Gen- g. l. 7i, §i,
eral Laws, as amended by chapter three hundred and sixty of ^^'^' ^^^^^^ •
the acts of nineteen hundred and twenty-one, is hereby further
amended by inserting after the word "history" in the tenth line
the words : — and constitution, — so as to read as follows : —
Section 1. Every town shall maintain, for at least one hundred Maintenance
and sixty days in each school year unless specifically exempted schools.
as to any one year by the department of education, in this chapter
called the department, a sufficient number of schools for the
instruction of all children who may legally attend a public school
therein. Such schools shall be taught by teachers of competent Qualifications
ability and good morals, and shall give instruction and training subjects to
in orthography, reading, WTiting, the English language and be taught.
grammar, geography, arithmetic, drawing, the history and consti-
tution of the United States, the duties of citizenship, phj^siology
and hygiene, good behavior, indoor and outdoor games and
athletic exercise. In connection with physiology and hygiene,
instruction as to the effects of alcoholic drinks and of stimulants
and narcotics on the human system, and as to tuberculosis and
its prevention, shall be given to all pupils in all schools under
public control, except schools maintained solely for instruction
in particular branches. Such other subjects as the school com-
mittee considers expedient may be taught in the public schools.

Section 2. Section two of said chapter seventy -one isG. L71, §2,
hereby amended by inserting after the word "civics" in the ^™^" ^
second line the words : — , including the constitution of the
United States, — so as to read as follows: — Section 2. In all Jnierican'his-
public elementary and high schools American history and civics, tory, civics,
including the constitution of the United States, shall be taught theVn'ited'*
as required subjects for the purpose of promoting civic service states, etc.
and a greater knowledge thereof, and of fitting the pupils,
morally and intellectually, for the duties of citizenship.

Approved April 7, 1923.

218

Acts, 1923. —Chaps. 223, 224, 225.

Chap. 22"^ An Act relative to appropriations by the city of boston

FOR MUNICIPAL 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 three
of chapter four hundred and eighty-six of the acts of nineteen
hundred and nine, make appropriations for municipal purposes
for the financial year ending on January thirty-first, nineteen
hundred and twenty-four, not exceeding the sum of twelve dol-
lars and seventy-five cents on each one thousand dollars of the
valuation upon which the appropriations by the city council are
based. Approved April 7, 1923.

Appropriations
by city of
Boston for
municipal
purposes.

Chap.

Armory com-
missioners to
have care,
custody and
control of
certain land
taken by
metropolitan
park commis-
sion in city of
Quincy.

Location of
any armory
constructed on
such land, etc.

224 An Act transferring from the metropolitan district

COMMISSION to the ARMORY COMMISSIONERS THE CARE,
CUSTODY AND CONTROL OF CERTAIN PARK LANDS IN THE CITY
OF QUINCY.

Be it enacted, etc., as follows:

The armory commissioners shall hereafter have the care,
custody and control of a certain parcel of land being a part of
the land taken by eminent domain by the metropolitan park
commission for boulevard purposes and situated in the city of
Quincy, adjoining the southeasterly corner of Hancock street and
Furnace Brook parkway and bounded and described as follows:
Beginning at a point in the northeasterly side line of Han-
cock street distant sixty feet northwesterly from the southerly
corner of said land taken by the metropolitan park commission;
thence running north twenty-eight degrees, thirty-three minutes
six seconds west by said side line on Hancock street fifty-one
and nineteen one hundredths feet to a point; thence running
northeasterly on a line curving to the right with a radius of
eighty-three feet, one hundred and twenty-five and twenty-eight
one hundredths feet to a point; thence north fifty-seven de-
grees, fifty-five minutes, fifty-four seconds east three hundred
and three and three one hundredths feet to a point; thence
south thirty-two degrees four minutes six seconds east one hun-
dred and twenty-nine feet to a point; thence south fifty-seven
degrees fifty-five minutes fifty-four seconds west three hundred
and eighty-nine and two one hundredths feet to the point of be-
ginning. Any armory constructed on such land shall be located
at a distance of not less than fifty feet from said Hancock street.

Approved April 7, 1923.

Chap. 22b An Act relative to the assignment of quarters in the

STATE HOUSE FOR THE USE OF THE MASSACHUSETTS DEPART-
MENTS OF CERTAIN ORGANIZATIONS OF WAR VETERANS.

Be it enacted, etc., as follows:

etc ^amended SECTION 1. Chapter eight of the General Laws, as amended
in section seventeen by section one of chapter four hundred and

Acts, 1923. — Chap. 226. 219

fifty-nine of the acts of nineteen hundred and twenty-one, is
hereby further amended by striking out said section seventeen
and inserting in phice tliereof the following: — Section 17. There Rooms in state
shall be set apart and suitably furnished a room or rooms in the sevenii'depart-
state house for the use of the Grand Army of the Republic of "^^^^^^l Jj"
the department of Massachusetts, the Massachusetts depart-
ment of The American Legion, of the United Spanish War
Veterans and of the Veterans of Foreign Wars of the United
States, respectively^ such room or rooms to be under the charge
of the state commanders of the respective departments, subject
to this chapter. The headquarters thus established for the first
named department shall be used for storing its supplies and
property, relics and mementos of the war of the rebellion and
for arranging and preserving a history of persons, who served in
the army, navy or marine corps during such war in organizations
of the commonwealth, or of citizens of the commonwealth who
served in the regular army, navy or marine corps of the United
States, which said department may collect or desire to preserve.
The headquarters thus established for each of the other depart-
ments shall be used for storing and preserving the records and
other property of the department and relics and mementos of
the World war and Spanish war.

Section 2. Section eighteen of said chapter eight, as G. l. s, § is.
amended by section two of chapter four hundred and fifty-nine ® "" '*™^"
of the acts of nineteen hundred and twenty-one, is hereby further
amended by inserting after the word "Wars" in the fifth line
the words : — of the United States, — so as to read as follows :
— Section 18. The histories, relics and mementos of the Grand Histories, etc ,

' PTv/r 1 i" the several

Army of the Republic of the department of Massachusetts and departments
the records of the Massachusetts department of the United accessibiHt^"^^'
Spanish War Veterans, of The American Legion and of the ^*^°-
Veterans of Foreign Wars of the United States shall be accessible
at all times, under suitable rules and regulations, to members of
the respective departments and to others engaged in collecting
historical information. Whenever any such department ceases
to exist, its records, papers, relics and other effects shall become
the property of the commonwealth. Approved April 7, 1923.

An Act relative to the manufacture, remaking and sale Chaj) •22Q
OF mattresses and certain other similar articles.

Be it enacted, etc., as follows:

Section 1. Chapter ninety-four of the General Laws is G. l 94, § 270,
hereby amended by striking out section two hundred and seventy '^^ "
and inserting in place thereof the following: — Section 270. No Manufacture,
person shall manufacture for purposes of sale, sell, offer or expose mattresses*! etc.,
for sale, or have in possession with intent to sell, any mattress, regulated.
pillow, cushion, muff bed, quilt or similar article having a filling
of hair, down, feathers, wool, cotton, kapok or other material,
unless there is plainly marked upon each such article, or upon
a tag of some durable substance sewed thereon, or otherwise
securely attached thereto, a statement of the kind of material
used_for filling in the manufacture of such article, the name of

220

Acts, 1923. — Chap. 226.

Remaking, etc.
of mattresses
regulated.

Prima facie
evidence of
violations, etc.

G. L. 94, §271,
amended.

Use of certain
material in
manufacture,
etc., of mat-
tresses, etc.,
prohibited.

G. L. 94, § 272,
amended.

Sale, etc., of
second hand
hair, etc.,
regulated.

Penalty.

the manufacturer or vendor, and, also, if the material has previ-
ously been used, the words "second hand" and, unless, if any
such article is enclosed in a bale, box, crate or other receptacle,
there shall be plainly marked upon such receptacle, or upon a
durable tag securely attached thereto, a statement that the con-
tents of the package are marked as herein required. Whoever
renovates or remakes any mattress shall attach a tag thereto
bearing the word "remade" and a statement of the kind of ma-
terial used for filling. Possession of any mattress, pillow,
cushion, muff bed, quilt or similar article, not marked as pro-
vided herein, by any person engaged in the business of manu-
facturing, selling or offering for sale any such article, shall be
prima facie evidence that such article is being manufactured,
remade or renovated, or is offered or exposed for sale, in viola-
tion of the provisions of this section.

Section 2. Section two hundred and seventy-one of said
chapter ninety-four is hereby amended by inserting after the
word "sale" in the fourth line the words: — or for use in the re-
making or renovating of any such article, — so as to read as fol-
lows : — Section 271 . No person shall use, in the manufacture
of any mattress, pillow, cushion, muff bed, quilt or similar article
for purposes of sale, or sell or offer or expose for sale, or have in
possession for the purpose of such use or for sale or for use in the
remaking or reno^'ating of any such article, any material which
has previously been used in or about a hospital, or on or about
the person of any one having an infectious or contagious disease,
nor shall any person sell, or offer or expose for sale, any such
article containing materials which have previously been so used.

Section 3. Section two hundred and seventy-two of said
chapter ninety-four is hereby amended by striking out in the
second line the words "silk floss" and inserting in place thereof
the word : — kapok, — and by striking out the second sentence
and inserting in place thereof the following : — No person en-
gaged in the business of selling any such materials shall ship any
box, crate, package or other container in which is placed any
such hair or other material above specified unless there is attached
thereto a tag containing a statement of the contents of the
package together with the name of the vendor, and if the material
has been used before, with the words "second hand", — so as
to read as follows : — Section 272. No person shall sell or oif er
for sale any second hand hair, down, feathers, wool, cotton,
kapok or other materials commonly used for filling mattresses,
pillows, cushions, muff beds, quilts or other similar articles,
representing the same to be new material. No person engaged
in the business of selling any such materials shall ship any box,
crate, package or other container in which is placed any such
hair or other material above specified unless there is attached
thereto a tag containing a statement of the contents of the
package together with the name of the vendor, and if the ma-
terial has been used before, with the words "second hand."
Violation of any provision of this section shall be punished by a
fine of not more than five hundred dollars or by imprisonment
for not more than six months, or both.

Acts, 1923. —Chaps. 227, 228. 221

Section 4. Said chapter ninety-four is hereby further g. l. 94, § 273,
amended by striking out section two hundred and seventy-three *'"®° ^'^'
and inserting in place thereof the following: — Section 273. The investigations
department of public health, whenever there is reason to believe ofp}fbiiri?eaith
that anv provision of sections two hundred and seventy to two as to manu-

, 111 . •!• •!• • ^ j^ ^ • factiire, etc., of

hundred and seventy-seven, mclusive, is bemg violated in any mattresses, etc.
factory, shop, warehouse, store or other place, shall cause an in-
vestigation to be made of any such place, and for this purpose
any member or duly authorized employee of the said department
may enter such building or other place at all reasonable times.
If, upon investigation, mattresses, pillows, cushions, muff beds. Certain mat-
quilts or similar articles, or materials for use in the manufacture, mi'fkid" un-
remaking or renovation of the same, shall there be found, which clean", etc.
have been previously used in or about a hospital, or on or about
the person of any one having an infectious or contagious disease,
such materials or articles, whether manufactured, remade or
renovated or in process of manufacture, remaking or renovation,
shall be marked by the said department with labels bearing the
word "unclean" in conspicuous letters, and the said department,
with or without notice to the owner or supposed owner, may
order the removal and destruction of the said materials or articles
or make such other order relating thereto as the circumstances
of the case require. Whoever obstructs, hinders or in any way Penalty for
interferes with any duly authorized employee of the depart- ^'^terference,
ment in the performance of his official duties under this and the
following sections shall for the first offence be punished by a
fine of not more than fifty dollars and for a subsequent offence
by a fine of not more than one hundred dollars.

Section 5. Said chapter ninety-four is hereby amended by g. l. 94, § 277,
striking out section two hundred and seventy-seven and inserting a^J^^nded.
in place thereof the following new section : — Section 277. Who- Penalty for
ever \aolates any provision of section two hundred and seventy i2ws^ag°to°^
or two hundred and seventy-one shall be punished by a fine of manufacture,
not more than five hundred dollars or by imprisonment for not tresse°s, etc."
more than six months, or both. Approved April 7, 1923.

An Act abolishing the offices of clerk and assistant QJkij) 227

CLERK of the DEPARTMENT OF PUBLIC UTILITIES.

Be it enacted, etc., as follows:

Section six of chapter twenty-five of the General Laws is offices of clerk

hereby repealed. Approved April 7, 1923. cier if of' depart-

ment of public

. utilities

abolished.

An Act relative to the number of doorkeepers, Phn'r) 228

ASSISTANT doorkeepers, MESSENGERS AND PAGES OF THE
GENERAL COURT.

Be it enacted, etc., as follows:

Section 1. Section nineteen of chapter three of the General *^ ^I'} '^'
Laws is hereby amended by striking out, in the second line, the
word "forty" and inserting in place thereof the word: — forty-

222

Acts, 1923. —Chaps. 229, 230.

General court, one, — SO as to read as follows: — Section 19. The number of
doorkeepers, doorkeepers, assistant doorkeepers, messengers and pages of the
etc., authorized, gg^ate and of the house shall not exceed forty-one in all.
Time of taking SECTION 2. This act shall take effect January first, nineteen
hundred and twenty-four. Approved April 7, 1923.

G. L. 3, § 20,
etc., amended.

Chav. 22^ An Act relative to compensation for travel to certain

EMPLOYEES OF THE SERGEANT-AT-ARMS OF THE GENERAL
COURT.

Be it enacted, etc., as follows:

Section 1. Section twenty of chapter three of the General
Laws, as amended by section two of chapter four hundred and
ninety-eight of the acts of nineteen hundred and twenty-one
and by chapter eight of the acts of nineteen hundred and twenty-
two, is hereby further amended by inserting after the word
"postmaster" in the third line the words: — , the clerks in the
sergeant-at-arms' office, — so as to read as follows : — Section
20. Doorkeepers, assistant doorkeepers, messengers and pages,
the postmaster and assistant postmaster, the clerks in the
sergeant-at-arms' office, 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 court. Payments to persons
authorized to receive compensation under this section 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 approved by the president
of the senate and the speaker of the house of representatives.

Section 2. This act shall take effect as of January first in
the current year. Approved April 7, 1923.

General court,
compensation
for travel to
certain em-
ployees of
sergeant-at-
arms.

Time of taking
effect.

G. L. 92, §
amended.

36,

Liability for
defects in met-
ropolitan
boulevards.

Chap. 230 An Act making uniform the law relative to liability

FOR DEFECTS IN METROPOLITAN BOULEVARDS AND IN STATE
HIGHWAYS.

Be it enacted, etc., as follows:

Chapter ninety-two of the General Laws is hereby amended
by striking out section thirty-six and inserting in place thereof
the following: — Section 36. The commonwealth shall be liable
for injuries sustained by persons while traveling on any boulevard
maintained by the commission under authority of the preceding
section, if the same are caused by defects within the limits of the
constructed traveled roadway, in the manner and subject to the
limitations, conditions and restrictions specified in sections
fifteen, eighteen and nineteen of chapter eighty-four, except that
the commonwealth shall not be liable for injury sustained because
of the want of a railing in or upon any boulevard, or for injury
sustained upon the sidewalk of a boulevard or during the con-
struction, reconstruction or repair of such boulevard. Actions
seeking to enforce such rights and remedies shall be brought
against the commission as such, but there shall never be any

Actions to be
brought against
commission, etc.

Acts, 1923. —Chaps. 231, 232. 223

personal liability on the part of them or any of them to any
person injured as aforesaid by reason of such defect. Notices Service of
required to be ser\ed upon the defendant in proceedings here- »°*^"=®»-
under shall be served upon the commissioner or the secretary.
All sums recovered against said commission under the foregoing Sums recov-
provisions, together with any costs of suit and counsel fees, ex- decerned*'" *°
penses and interest, shall be deemed expenses of care and main- expenses, etc.
tenance of boulevards. Approved April 7, 1923.

An Act relative to agents of the department of cor- QJki'y) 231

RECTION.

Be it enacted, etc., as follows:

Section 1. Chapter twenty-seven of the General Laws is g. l 27, §4,
hereby amended by striking out section four and inserting in ^^^^ ^
place thereof the following: — Section 4- The commissioner may ^^®"*® °^ ^f'
employ such number of male and female agents as may be ap- correction, em-
proved by the governor and council to enable him and the board p'°yinent, etc.
of parole to carry out the laws relative to the parole of prisoners
from state penal institutions, their supervision while on parole
and the procuring of employment for them, may remove them
and may fix their compensation. One or more of said agents Agents for
may be designated by the commissioner as agents for aiding dis- charged'^"
charged prisoners. One or more of said agents may be desig- prisoners.
nated by the commissioner as agents for the identification of idlnuLation
criminals. The agents shall give their entire time during business °* criminals.
hours to their duties, and shall be reimbursed for the necessary time!^tc^." "^^
expenses actually incurred in the performance of their duties,
after the bills therefor have been approved by the commis-
sioner.

Section 2. Nothing in this act shall be construed as au- Act, how
thorizing the employment or removal of such agents except in
accordance with chapter thirty-one of the General Laws and
the rules and regulations made thereunder, nor the fixing or in-
creasing of their salaries except in accordance with sections forty-
five to fifty, inclusive, of chapter thirty of the General Laws.

Approved April 7, 1923.

An Act relative to the initial establishment of salaries Chav.2'^2
OF city councillors in cities operating under plan b

of the standard FORMS OF CITY CHARTERS.

Be it enacted, etc., as follows:

Section sixty-two of chapter forty-three of the General Laws g. l. 43, § 02,
is hereby amended by adding at the end thereof the follow-
ing: — ; provided, that the initial establishment of such salary
after the adoption of plan B may take effect in the year when
established and in accordance with the vote establishing the
same, — so as to read as follows : — Section 62. The mayor shall arTioTmaoT
receive for his services such salary as the city council by ordi- city charters,
nance shall determine, not exceeding five thousand dollars, and
shall receive no other compensation from the city. His salary

224

Acts, 1923. — Chap. 233.

Salaries of city
councillors.

Proviso.

shall not be increased or diminished during the term for which
he is elected.

The council may, by a two thirds vote of all its members,
taken by call of the yeas and nays, establish a salary for its mem-
bers not exceeding five hundred dollars each. Such salary may
be reduced, but no increase therein shall be made to take eifect
during the year in which the increase is voted; provided, that
the initial establishment of such salary after the adoption of
plan B may take effect in the year when established and in ac-
cordance with the vote establishing the same.

Approved April 7, 1923.

Chap,

G. L. 138, § 18,
amended.

Intoxicating
liquors and
certain non-
intoxicating
beverages, sale,
etc., classes of
licenses.

G. L. 138, §25,
amended.

Sale by drug-
gists upon pre-
scription, etc.

233 An Act dispensing with the state requirements for the
recording of sales of pure alcohol, intoxicating
liquor and certain non-intoxicating beverages by
holders of third class licenses or certificates of

FITNESS.

Be it enacted, etc., as follows:

Section 1. Section eighteen of chapter one hundred and
thirty-eight of the General Laws is hereby amended by inserting
after the word "alcohol" in the seventh line the words: — by
weight, — by striking out, in the tenth line, the words " , me-
chanical or chemical" and by striking out, in the tenth and
eleventh lines, the words ", and to such persons only as may
certify in writing for what use they want them", — so as to
read as follows: — Section 18. Licenses shall be of the following
classes :

First class. To sell malt beverages, cider and light wines con-
taining not more than two and seventj^-five one-hundredths per
cent of alcohol by weight at sixty degrees Fahrenheit, to be
drunk on the premises.

Second class. To sell, or manufacture and sell, malt beverages,
cider and light wines containing not more than two and seventy-
five one-hundredths per cent of alcohol by weight at sixty degrees
Fahrenheit, not to be drunk on the premises.

Third class. Licenses to retail druggists to sell liquors of any
kind for medicinal purposes only.

Fourth class. To sell, to any person holding a third or fifth
class license, or a certificate of fitness under section twenty-
seven, or to any person lawfully authorized by the laws of the
United States and the regulations made thereunder to purchase
intoxicating liquors, intoxicating liquors of any kind for other
than beverage purposes, not to be used on the premises.

Fifth class. Licenses to dealers in paints or in chemicals to
sell alcohol for mechanical, manufacturing or chemical purposes
only.

Section 2. Said chapter one hundred and thirty-eight is
hereby amended by striking out section twenty-five and inserting
in place thereof the following: — Section 25. Druggists having
a third class license may sell pure alcohol and intoxicating
liquors or certain non-intoxicating beverages upon the pre-

Acts, 1923. — Chap. 233. 225

scription of a registered physician; provided, that the pre- Proviso,
scription is dated, contains the name of the person prescribed
for and is signed by the physician. All such prescriptions shall
be retained and kept on file in the manner provided by section
twenty-eight.

Section 3. Section twenty-eight of said chapter one hun- g. l. 138, § 28,
dred and thirty-eight is hereby amended by striking out, in the "^^n^^'J-
fourth, fifth and sixth lines, the words " for medicinal, mechanical
or chemical purposes without a physician's prescription, such
sales to be recorded in the manner provided in section thirty-one,
and may sell" and inserting in place thereof the word: — and,
— so as to read as follows: — Section 28. In any city or town Saiebyphar-
where licenses of the first two classes are not granted, registered prescription"
pharmacists to whom a certificate of fitness has been issued as etc.
provided by the preceding section may sell pure alcohol and
intoxicating liquors or certain non-intoxicating beverages upon
the prescription of a registered physician practicing in such city
or towTi, provided that the prescription is dated, contains the Proviso.
name of the person prescribed for, and is signed by the physician.
All such prescriptions shall be retained and kept on file in a
separate book by the pharmacist filling the same, and shall not
be filled a second time. Such prescription book shall be open
at all times to the inspection provided by section thirty-two.

Section 4. Sections thirty and thirty-one of said chapter g. l. iss, §§ 30,
one hundred and thirty-eight are hereby repealed. 3i,repeae .

Section 5. Section thirty-two of said chapter one hundred g. l.iss, §32,

... .,., , 111 •!• • ^ c amenaed.

and thirty-eight is hereby amended by striking out, in the nrst
and second lines, the words "The book, certificates and pre-
scriptions provided for in the two preceding sections" and in-
serting in place thereof the words : — All prescriptions referred
to in sections twenty-five and twenty-eight, — so as to read as
follows : — Section 32. All prescriptions referred to in sections Prescriptions,
twenty-five and twenty-eight and the book provided for in sec- to inspectio'n!*"
tion forty-one shall at all times be open to the inspection of the "tc
board of registration in pharmacy, the licensing board in cities
having such boards and in all other cities and towns, to the in-
spection of the aldermen, selectmen, overseers of the poor,
sheriffs, constables, police officers and justices of the peace.

Section 6. Section eighty-seven of said chapter one hun- g. l. 138, § 87,
dred and thirty-eight is hereby amended by striking out, in the amended.
second line, the words " thirty, thirty-one," so as to read as fol-
lows : — Section 87. Except as provided in the following section, Penalty for
violation of any provisions of section twenty-eight, thirty-two, tfonsI"t^'.°''*'
forty-one or fifty-seven shall be punished by a fine of not less
than fifty nor more than five hundred dollars or by imprison-
ment for not less than one nor more than six months, or both.
A licensee of the fifth class who violates section thirty-two shall
be punished as above provided.

Section 7. Section eighty-eight of said chapter one hundred ^J^ded' ^ ^^'
and thirty-eight is hereby amended by striking out, in the
second line, the words "certificate or prescription referred to in
sections thirty and thirty-one" and inserting in place thereof
the words : — prescription referred to in section twenty -five or

226

Acts, 1923. —Chaps. 234, 235.

Penalty for
false prescrip-
tions.

G. L. 112, §34,
amended

Certificate of
conviction of
pharmacist to
be sent to
board of regis-
tration in
pharmacy.

twenty-eight, — so as to read as follows : — Section SS. Any
person who makes or issues a false or fraudulent prescription
referred to in section twenty-five or twenty-eight shall be
punished by a fine of ten dollars.

Section 8. Section thirty-four of chapter one hundred and
twelve of the General Laws is hereby amended by striking out
the word "thirty" where it occurs the second time in the second
line, and by striking out, in the third line, the words "thirty-
one or", — so as to read as follows: — Section 34- The court
or magistrate before whom a person is convicted of a violation
of section thirty of this chapter, or of section thirty-two of
chapter one hundred and thirty -eight, or of section two of chapter
two hundred and seventy shall send to the board a certificate
under seal showing the time, cause and place of conviction.

Approved April 7, 1923.

Chap. 234: An Act authokizing cities and towns to establish in-
surance FUNDS TO PAY W^ORKMEN's COMPENSATION.

G. L. 40, new
section after
§13.

Cities and
towns may
establish in-
surance funds
to pay work-
men's compen-
sation.

Be it enacted, etc., as follows:

Chapter forty of the General Laws is hereby amended by
inserting after section thirteen the following new section : —
Section ISA. Any city or town which has accepted chapter
eight hundred and seven of the acts of nineteen hundred and
thirteen and which accepts this section, by vote of the city
council or of the voters in town meeting, may appropriate an
amount not exceeding in any one year one twentieth of one per
cent of its assessed valuation to establish and maintain an in-
surance fund to pay workmen's compensation, from which any
compensation payable under the provisions of sections sixty-
nine to seventy-five, inclusive, of chapter one hundred and
fifty-two shall be paid; but no money shall be appropriated for
such purpose while the fund equals or exceeds one per cent of
such assessed valuation. Such fund shall be managed and ad-
ministered by the sinking fund commissioners of the city or
town, if any, otherwise by the commissioners of trust funds of
said city or town. Approved April 7, 1923.

Chap

1921, 309, § 2,
amended.

Middlesex
county may
borrow money
to make im-
provements at
county build-
ings in
Cambridge.

235 An Act increasing the amount the county of Middlesex
may borrow to make improvements at the county build-
ings in the city of cambridge,

Be it enacted, etc., as follows:

Section 1. Section two of chapter three hundred and nine
of the acts of nineteen hundred and twenty-one is hereby
amended by striking out, in the third line, the words " one hun-
dred" and inserting in place thereof the words: — three hundred
and twenty-five, — so as to read as follows : — Section 2. For
the purposes aforesaid, the said commissioners may borrow from
time to time on the credit of the county sums not exceeding, in
the aggregate, three hundred and twenty-five thousand dollars
and may issue bonds or notes of the county therefor. Such
bonds or notes shall be payable by such annual payments, be-

Acts, 1923. — Chap. 236. 227

ginning not more than one year after the date of each loan, as
will extinguish the loan within twenty years from its date, and
the amount of such annual payment in any year shall not be
less than the amount of the principal of the loan payable in any
subsequent year. The county may sell the said securities at
public or private sale, upon such terms and conditions as it may
deem proper, but not for less than their par value, and the pro-
ceeds, except premiums, shall be used only for the purposes
herein specified. Premiums received on account of loans hereby
authorized may be used to pay the cost of issuing the bonds or
notes, and any balance shall be held and applied to the first
bond or note maturing.

Section 2. This act shall take effect upon its acceptance by To be sub-
the county commissioners of the county of Middlesex; provided, county com-
that such acceptance occurs prior to December thirty-first in missioners.
the current year. Approved April 7, 1923.

An Act excluding certain persons engaged in the con- (JfiQj) 236

STRUCTION OR RECONSTRUCTION OF HIGHWAYS FROM THE
EIGHT HOUR LAW, SO-CALLED.

Be it enacted, etc., as follows:

Section thirty of chapter one hundred and forty-nine of the G. L. 149, § 30,
General Laws is hereby amended by inserting after the word *™®" ^ '
"commonwealth" in the ninth line the words: — , except as
provided herein, — and by adding at the end thereof the follow-
ing : — The provisions of this section shall not prohibit the em-
ploym^ent by the state department of public works, or by any
contractor or sub-contractor for said department, of laborers,
workmen and mechanics for more than eight hours in any one
day in the construction or reconstruction of highways when, in
the opinion of the commissioner of labor and industries, public
necessity so requires., — so as to read as follows: — Section 30. Eight hour day
The service of all laborers, workmen and mechanics now or here- hou/week'for*^
after emploved by the commonwealth or any county therein or certain public

• *j \j ©hid'ovggs

any town which, by vote of the city council, or of the voters at
a to^Ti meeting, accepts this section or has accepted section one
of chapter two hundred and forty of the General Acts of nineteen
hundred and sixteen, or by any contractor or sub-contractor
for or upon any public works of the commonwealth or of any
county therein or of any such town is hereby restricted to eight
hours in any one day and to forty-eight hours in any one week.
No officer of the commonwealth, except as provided herein, or
of any county or of any such town, no such contractor or sub-
contractor or other person whose duty it is to employ, direct or
control the service of such laborers, workmen or mechanics shall
require or permit any such laborer, workman or mechanic to
work more than eight hours in any one day, or more than forty-
eight hours in any one week, except in cases of extraordinary
emergency. The provisions of this section shall not prohibit the Exclusion of
employment by the state department of public works, or by any engrged?r°"^
contractor or sub-contractor for said department, of laborers, construction of
workmen and mechanics for more than eight hours in any one '^ ^""^^^^

228

Acts, 1923. — Chaps. 237, 238, 239.

day in the construction or reconstruction of highways when, in
the opinion of the commissioner of labor and industries, pubUc
necessity so requires. Approved April 7, 1923.

Chap.2S7 An Act kelative to the retirement and pension rights

OF THE present DIRECTOR OF PHYSICAL TRAINING OF THE
department OF CORRECTION.

Be it enacted, etc., as follows:

The present director of physical training of the department of
correction shall not, by his designation as such, lose any rights
that he had as a prison employee, or would thereafter have had
as a prison employee, to retirement and pension under and in
accordance with the provisions of sections forty-six to forty-
eight, inclusive, of chapter thirty-two of the General Laws.

Approved April 7, 1923.

Retirement and
pension rights
of present
director of
physical train-
ing of depart-
ment of cor-
rection.

Chap. 238 ^^ ^^t relative to furnishing voting lists to duly
organized state political committees.

G. L. 51, §57,
amended.

Posting of
voting lists.

Furnishing
voting lists to
state political
committees.

Furnishing
voting lists to
state political
committees in
certain cities
and towns.

Be it enacted, etc., as folloios:

Section 1. Section fift^^-seven of chapter fift^^-one of the
General Laws is hereby amended by inserting after the word
"annual" in the first line the words: — or biennial, — and by
adding at the end thereof the words : — Upon application made
by any state political committee organized in accordance with
law, the clerk of the board of registrars shall furnish to it a copy
of the voting list free of charge, — so as to read as follows : —
Section 57. They shall, at least twenty days before the annual
or biennial city or town election, and except in Boston, at least
sixty days before the biennial state election, cause copies of the
voting lists provided for in the two preceding sections to be
posted in their principal office and in one or more other public
places in the city or town, and in each precinct therein. Upon
application made by any state political committee organized in
accordance with law, the clerk of the board of registrars shall
furnish to it a copy of the voting list free of charge.

Section 2. In a city or town in which the duty of posting
copies of voting lists as provided in the preceding section is im-
posed upon a board other than the registrars, such board shall,
upon application by any state political committee organized in
accordance with law, furnish to it a copy of the voting list free
of charge. Approved April 7, 1923.

Chap.239 An Act relative to the retirement and pension rights

OF THE messenger OF THE JUSTICES OF THE SUPREME JU-
DICIAL COURT AND OF THE JUSTICES OF THE SUPERIOR COURT
IN THE COUNTY OF SUFFOLK.

Be it enacted, etc., as follows:

Any court officer in attendance upon the supreme judicial

Retirement and
pension rights

of me.ssenger of court or upou the superior court in Suffolk county, who was ap-

Acts, 1923. —Chaps. 240, 241. 229

pointed to said office prior to February first, nineteen hundred justices of

1 111 i< 11111 ' J. J supreme ju-

and twenty-three, and who thereafter shall have been appointed diciai court and
as messenger to the justices of either of the said courts, shall, supcriOT'^court
notwithstanding his appointment as messenger, retain his rights 1."^®,,"'^°"'
to retirement and pension under section sixty-six of chapter
thirty-two of the General Laws, but said pension shall not exceed
in amount the pension to which he would have been entitled as
said court officer. In determining the right of such officer to a
pension under said section based on length of service and in-
capacity toi further serve, the time he served as such messenger
shall be deemed a part of his service as court officer.

Approved April 7, 1923.

An Act authorizing the city of springfield to pension

JOHN p. bishop.

Chap.24tO

Be it enacted, etc., as follows:

Section 1 . The city of Springfield may, at his request, retire city of Spring-
its deputy city treasurer, John P. Bishop, now in the thirty-fifth s1onSp!°"
year of his continuous and faithful service to said city, on a Bishop,
pension not to exceed twelve hundred dollars.

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

Approved April 7, 1923.

An Act relative to bribing police officers. Chart 241

Be it enacted, etc., as follows:

Chapter two hundred and sixty-eight of the General Laws is g. l. 268, new
hereby amended by inserting after section eight the following section after §8.
new section: — Section 8 A. A police officer who corruptly re- Bribery of
quests or accepts a gift or gratuity or a promise to make a gift ^°i'!'u;?5'^of'^'
or gratuity or to do an act benefacial to him, under an agree-
ment or with an understanding that he will perform in any par-
ticular manner, or abstain from performing, any act coming
within the course of his duty as such officer, or as a considera-
tion for any work or service in connection therewith, shall forfeit
his office, be forever disqualified to hold any public office, trust
or appointment under the constitution or laws of the common-
wealth and be punished by imprisonment in the state prison
for not more than ten years or by a fine of not more than five
thousand dollars and imprisonment in jail for not more than
two years; and any person who corruptly gives, offers or prom-
ises to a police officer any gift or gratuity whatever, with intent
to influence his act or to secure his inaction in any matter
coming within the course of his duty as such officer, or as a con-
sideration for any work or service in connection therewith, shall
be punished by imprisonment in the state prison for not more
than five years or by a fine of not more than three thousand dol-
lars and imprisonment in jail for not more than one year.

Approved April 7, 1923.

230

Acts, 1923. — Chap. 242.

G. L. 31, new
sections after
§42.

Police officers
under civil
service rules in
certain cities
and towns,
duration of
office, removal,
suspension,
transfer, etc.

Temporary
suspension.

Chap. 242 An Act to change the civil service laws relative to

CERTAIN POLICE OFFICERS IN CERTAIN CITIES AND TOWNS.

Be it enacted, etc., as follows:

Section 1. Chapter thirty-one of the General Laws is
hereby amended by inserting after section forty-two the two
following new sections: — Section 43 A. Except as provided in
section twenty-six, every police officer holding an office classified
under the civil service rules, in any city except Boston or in
any town, whether for a definite or stated term or otherwise,
shall hold such office continuously during good behavior and
shall not be removed nor, except as otherwise provided herein,
be suspended or, without his consent, be transferred from such
office, nor shall he be lowered in rank or compensation, nor shall
his office be abolished, except after a full hearing of which he
shall have at least seventy-two hours' written notice, with a
statement of the reasons for the contemplated removal, suspen-
sion, transfer, lowering in rank or compensation, or abolition of
office, and except upon a written order stating fully and specifi-
cally the causes therefor made after a hearing as aforesaid and
signed by the board or officer before whom the hearing is held.
Such a police officer may, however, be temporarily suspended
without such notice when necessary as a matter of police disci-
pline, but only for just cause and for reasons specifically given
him in writing within twenty-four hours after such suspension.
If within three days thereafter the police officer so suspended
shall so request in writing he shall be given a public hearing in
not less than three nor more than fourteen days after the filing
of the request. Any hearing under this section shall, if the
police officer so requests in writing, be public and shall be held
before the officer or board having power of appointment and re-
moval. Any such hearing may be continued from time to time,
if said board or officer and the police officer concerned agree
thereto. At any such hearing charges shall be made by the
officer in command of the department or of the district where
the police officer is on duty or by any person designated by the
official in command of the department, and the police officer
concerned shall be allowed to answer the charges preferred against
him, either personally or by counsel. Said police officer shall be
notified in writing, within three days after the hearing, of the
decision at such hearing. A copy of the reasons, notice and
answers and of the order of removal, suspension, transfer, lower-
ing in rank or compensation, or abolition of office shall be made
a matter of public record. Section 43B. Within thirty days
after a hearing provided for by the preceding section, the police
officer who was removed, suspended, transferred, or lowered in
rank or compensation, or whose office was abolished, may bring
a petition in the district court of the judicial district where such
police officer resides, addressed to the justice of the court, pray-
ing that the action of the officer or board in removing, suspend-
ing or transferring him, or lowering him in rank or compensation,
or abolishing his office, may be reviewed by the court, and after
such notice to such officer or board as the court deems necessary,

Hearings, when
to be public,
where to be
held, etc.

Charges, by
whom to be
made, etc.

Notice of
decision.

Copy of
reasons, notice,
etc., to be
public record.

Review by
court of act of
removing, sus-
pending, etc.,
such police
officers.

Acts, 1923. —Chap. 243. 231

it shall rc\io\v such action, hoar any or all of the witnesses and
(letevniine whether or not upon all the evidence such action was
justified. If the court finds that such action was justified, the
decision at the hearing shall be affirmed; otherwise it shall be
reversed and the petitioner shall be reinstated in liis office with-
out loss of compensation. The decision of the court shall be Decision of
final and conclusive upon the parties. 1° a^, etc. ^

Section 2. Section fortj^-four of said chapter thirty -one is g. l. 31, § 44,
hereby repealed. ""'^p"''''^'^-

Section 3. Every police officer holding an office classified Police officers
under the civil service rules in the city of Boston, whether for a service rules in
definite or stated term, or otherwise, shall hold such office con- dwatfon 0?°"'
tinuously during good behavior, and shall not be removed there- office, removal,
from, lowered in rank or compensation, or suspended, or without rankorcom-
his consent transferred from such office or employment to any P^nsation, etc
other, except for just cause and for reasons specifically given in
writing by the removing officer or board within twenty-four
hours after such removal, suspension, transfer or lowering in
rank or compensation; and every police officer sought to be so Public hearing.
removed, lowered in rank or compensation, suspended or trans-
ferred shall be entitled to a public hearing, the same in all re-
spects as provided in section forty-three of chapter thirty-one of
the General Laws, including notice of decision, reinstatement
and record of proceedings. Approved April 9, 1923.

Chap.243

An Act placing the town of Halifax in the judicial dis-
trict OF the district court of BROCKTON.

Be it enacted, etc., as follows:

Section 1. Section one of chapter two hundred and eighteen g. l. 21s, § 1,
of the General Laws, as amended by section one of chapter four ^^''" '^'"''"'''"^•
hundred and thirty of the acts of nineteen hundred and twenty-
one, is hereby further amended by striking out the comma after
the word "Duxbury" in the one hundred and thirty -second line
and inserting in place thereof the word : — and, — by striking
out, in the same hue, the words "and Halifax", — and by in-
serting after the words "East Bridgewater" in the one hundred
and thirty-seventh line the word : — , Halifax, — so that the
clauses contained in the one hundred and thirty-first to the one
hundred and thirty-seventh lines, both inclusive, will read as
follows : —

The third district court of Plymouth, held at Plymouth; District courts,
Plymouth, Kingston, Plympton, Pembroke, Duxbury and jurisdiction
Marshfield. ^t^j^.^

The fourth district court of Plymouth, held at Middleborough Piymouth.3
and Wareham; Middleborough, Wareham, Lakeville, Marion, pf^^^^^tij
Mattapoisett, Rochester and Carver.

The district court of Brockton, held at Brockton; Brockton, District court
Bridgewater, East Bridgewater, Halifax and West Bridgewater. °f Brockton.

Section 2. This act shall take effect on August first in the Time of taking
current year; but it shall not affect any action or proceeding effect, etc.
brought in the third district court of Plymouth prior to the time
it takes effect. Approved April 9, 1923.

232 Acts, 1923. —Chaps. 244, 245.

Chap.24:4L An Act authorizing the federal trust company to hold

ADDITIONAL REAL ESTATE IN THE CITY OF BOSTON.

Be it enacted, etc., as follows:

Company'^may ^^^ Federal Trust Company, a trust company incorporated
hold additional by chapter nincty-two of the acts of eighteen hundred and ninety-
real estate in • i i • -^ i i i? i • • j.i -j^ i> n j.

city of Boston, nine and having its usual places or business in the city oi rJoston,
may, subject otherwise to the provisions of section forty-one of
chapter one hundred and seventy-two of the General Laws, as
amended by chapter three hundred and twenty-one of the acts
of nineteen hundred and twenty-two and to the approval of the
commissioner of banks, hold real estate in said city suitable for
and to be used in whole or in part for the transaction of its busi-
ness to an amount, including the cost of alterations and additions
in the nature of permanent fixtures, not exceeding, directly or
indirectly, eight hundred and twenty-five thousand dollars, in
addition to the amount permitted by said section forty-one,
amended as aforesaid, to be held by said trust company at the
time this act takes effect. Approved April 9, 1923.

Chap. 24:5 An Act relative to transfers and removals by the de-
partment OF MENTAL DISEASES.

Be it enacted, etc., as follows:

Sc.!'ameAded'.' SECTION 1. Section twenty of chapter one hundred and
twenty-three of the General Laws, as amended by section two of
chapter three hundred and seventeen of the acts of nineteen
hundred and twenty-one and section four of chapter four hun-
dred and ten of the acts of nineteen hundred and twenty-two,
is hereby further amended by striking out, in the seventh, eighth
and ninth lines, the words ", and no person shall be so trans-
ferred to the Bridgewater state hospital unless he has been a
criminal and vicious in his life", by striking out the fourth
sentence, by striking out, in the nineteenth line, the words
"state charge" and inserting in place thereof the word: — in-
mate, — and by striking out, in the twenty-second and twenty-
third lines, the words "state charge or indigent", so as to read

Department of as follows : — Section 20. The department, subject to the f ol-

mental diseases, ,. ^. ^ c, ic -^-j^-

general power lowing scctiou, may transfer to and from any institution any
remoTe^imnates inmate thereof who, in its opinion, is a proper subject for ad-
of institutions, mission to the institution to which he is to be transferred; but
no such inmate shall be transferred to be detained as an insane
person unless he has been duly committed as insane by a judge
or court. A record of such transfer shall be entered in the
registers of the institutions to and from which he is transferred.
The commitment papers, together with an abstract of his hospital
case record, shall be transmitted with him to the institution to
which he is transferred. The department may also remove any
inmate in any state hospital to any country, state or place
where he belongs, and may enter into an agreement with the
corresponding board or commission of any other state for the
transfer of any insane person from one state to the other where,

etc.

Acts, 1923. — Chaps. 246, 247. 233

after a full investigation of all the facts, he may be deemed
equitably to belong; but no such person shall be removed out-
side this commonwealth if he is subject to the orders of a court
of this commonwealth, except that any such person who is
subject to such orders may be so removed from Bridgewater
state hospital at any time when he would have been entitled to
parole if he had not become insane. In making such transfers
and ^emo^■als the department, so far as practicable, shall employ
nurses or attendants instead of officers of the law, and shall
emplo}^ female nurses or attendants to accompany female
patients.

Section 2. Section eighteen of chapter one hundred and g l 120, § is,
twenty of the General Laws is hereby repealed.

Approved April 9, 1923.

Chap.24:Q

An Act authorizing the city of Worcester to furnish

WATER TO the TOAVN OF SHREWSBURY AND TO USE THERE-
FOR A CERTAIN WATER PIPE LINE OWNED BY THE COMMON-
WEALTH.

Be it enacted, etc., a^ follows:

Section 1 . The city of Worcester is hereby authorized to city of Worces-
furnish water to the town of Shrewsbury by delivering the same n"if^^^/"V
into the water pipe system of said town for such periods of town of
time, in such amounts and on such terras as the city council of ^^^^"^^ ^y-
said city, with the approval of the mayor, may determine, and,
for the purpose aforesaid, said city, by its city council, may,
with like approval, make a contract with said town, acting by
its agents thereto authorized.

Section 2. For the purposes of this act, the said city and Use of certain
town are hereby authorized to use the pipe hne or water main, owned^by" ''"^
owned by the commonwealth, which extends through parts of commonwealth.
Worcester, Shrewsbury and Grafton from the Worcester water
system to the Grafton state hospital, by delivering the water or
part of it, which the said city is hereby authorized to furnish to
the said town, into said water pipe or main at its Worcester
terminus, said water to be taken or drawn from said pipe line or
main by the town of Shrewsbury at a point or points within the
said town; provided, that the supply of water to the Grafton proviso,
state hospital shall not at any time be rendered inadequate by
such use.

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

Approved April 9, 1923.

An Act authorizing the town of marblehead to take by ni^f,^ 04.7

EMINENT DOMAIN CERTAIN CEMETERY LANDS FOR SCHOOL ''^P-^^'
PURPOSES.

Be it enacted, etc., as follows:

The town of Marblehead may take by eminent domain for Town of Mar-
school purposes, under chapter seventy-nine of the General ^ake^by^i^
Laws, certain land in said town located at the corner of Spring nent domain
and Elm streets and known as the Prince tomb property, and tery'^ian^ds^for

school pm-poses.

234

Acts, 1923. — Chaps. 248, 249.

G. L. 269, § 10,
amended.

Penalty for
carrying
dangerous
weapons, etc.

may, acting by its cemetery commissioners, remove certain
bodies in said tomb property, together with any monuments
and stones marking the graves thereof, and inter the bodies in a
reverent and proper manner in such cemetery as may be selected
by the owners of said tomb property. Approved April 9, 1923.

Chav.24:S ^^ A*^t relative to dangerous weapons.

Be it enacted, etc., as folloivs:

Section 1. Chapter two hundred and sixty-nine of the Gen-
eral Laws is hereby amended by striking out section ten and in-
serting in place thereof the following: — Section 10. Whoever,
except as provided by law, carries on his person or under his con-
trol in a vehicle a pistol or revolver, loaded or unloaded, without
permission under section one hundred and thirty-one of chapter
one hundred and forty, or whoever so carries any stiletto, dagger,
dirk knife, slung shot or metallic knuckles, or whoever, when
arrested upon a warrant for an alleged crime or when arrested
while committing a crime or a breach or disturbance of the public
peace, is armed with, or has on his person or under his control
in a vehicle, a billy or dangerous weapon other than those herein
mentioned, shall be punished by a fine of not less than one hun-
dred nor more than five hundred dollars, or by imprisonment
for not less than six months nor more than two and one half
years in a jail or house of correction or for not less than two and
one half years nor more than five years in the state prison, or
by both such fine and imprisonment, and upon conviction the
pistol or other article shall be confiscated by the commonwealth.
The pistol or article so confiscated shall, by the authority of the
written order of the court or trial justice, be forwarded by
common carrier to the commissioner of public safety, who, upon
receipt of the same, shall notify said court or justice thereof.
Said officer may sell or destroy the same, and, in case of a sale,
after paying the cost of forwarding the article, shall pay over the
net proceeds to the commonwealth.

Section 2. Section nine of said chapter two hundred and
sixty-nine is hereby repealed. Approved April 9, 1923.

Confiscation.

Forwarding to
commissioner
of public
safety, etc.

G. L. 269, § 9,
repealed.

Chav.24Q ^^ Act relative to certain expenditures by the
watuppa water board of the city of fall river.

1913, 749, § 1,
amended.

Expenditures
by Watuppa
water board
of city of Fall
River for ex-
tensions, etc.

Be it enacted, etc., as follows:

Section 1. Chapter seven hundred and forty-nine of the
acts of nineteen hundred and thirteen is hereby amended by
striking out section one and inserting in place thereof the follow-
ing: — Section 1. The Watuppa water board of the city of Fall
River may expend for such extensions of the water supply service
in the said city as may be ordered by said board a sum not ex-
ceeding seventy-five thousand dollars for each of the years nine-
teen hundred and twenty-three, nineteen hundred and twenty-
four, nineteen hundred and twenty-five and nineteen hundred
and twenty-six.

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

Approved April 10, 1923.

Acts, 1923. —Chaps. 250, 251, 252. 235

An Act relative to certain replacements and permanent (JJki'T) 250
improvements in the metropolitan water system.

Be it aiactcd, etc., as follows:

Section 1. For the purpose of providing the replacements Expenditures
and permanent improvements for the metropoHtan water district I'a^n 'district*''"
authorized by chapter five hundred and thirty of the acts of commission for
nineteen hundred and twenty, the metropohtan district com- ments and im-
mission may expend for any such replacement or permanent metropoHtan"
improvement so much of the proceeds of the bonds issued under water system.
said chapter as it may deem available, irrespective of any pro-
visions as to maximum expenditures for specific replacements
or permanent improvements contained therein.

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

Approved April 10, 1923.

An Act to protect witnesses under the age of seven- nhr,^^ o^^

TEEN AT TRIALS FOR CERTAIN CRIMES. ^'

Be it enacted, etc., as follows:

Chapter two hundred and seventy-eight of the General Laws g. l. 278, new
is hereby amended by inserting after section sixteen the follow- I'^ig'"" ^^^^^
ing new section: — Section 16 A. At the trial of a complaint or Protection of
indictment for rape, incest, carnal abuse or other crime involving Tge'cf'sete^n"''^'
sex, where a minor under seventeen 3'ears of age is the person t^en at trials
upon, with or against whom the crime is alleged to have been crimes,
committed, or at the trial of a complaint or indictment for
bastardy, where the mother of the child whose paternity is in
question is such a minor, the presiding justice shall, if said trial
is before a district court, or ma}^ if before the superior court,
exclude the general public from the court room, admitting only
such persons as may have a direct interest in the case.

Approved April 10, 1923.

An Act relative to medical milk commissions. Chap.252

Be it enacted, etc., as follows:

Section 1. Section twenty of chapter one hundred and ^Jj^-^^^^^' 5 20,
eighty of the General Laws is hereby amended by adding at the
end thereof the words : — At least one member of said board of
health shall be a member of the board of directors thereof, — so
as to read as follows: — Section 20. For the purpose of super- Medical miik-
vising the production of milk, any five or more registered phy- fncorporatkin,
sicians may form a corporation under this chapter. The mem- ^*^-
bers of the board of health of any town where such corporation
is formed shall be ex officiis members of the corporation. At
least one member of said board of health shall be a member of
the board of directors thereof.

Section 2. Section twenty-three of said chapter one hun- g. l. iso, § 23,
dred and eighty is hereby amended by inserting after the word amended.
"however," in the fourth line the words: — shall be approved
by the department of public health and, — so as to read as fol-

236

Acts, 1923. — Chaps. 253, 254.

May contract
for production
of milk, etc.

lows : — Section 23. Every such corporation may enter into
written agreements with any dairymen for the production of
milk under the supervision of such corporation and prescribe in
such agreements the conditions under which such milk shall be
produced, which, howev-er, shall be approved by the department
of public health and shall not fall below the standards of purity
and quality for certified milk as fixed by the American Associa-
tion of Medical Milk Commissions and the standards for milk
fixed by law. Approved April 10, 1923.

Chap. 2dS An Act to establish a two year term of office for the

MAYOR OF THE CITY OF HOLYOKE.

Be it enacted, etc., as follows:

Section 1. At the municipal election to be held in the city
of Holyoke in nineteen hundred and twenty-four and in every
second year thereafter, there shall be elected a mayor who shall
hold office for two years from the fii'st Monday of January next
following his election and until his successor is elected and
qualified.

Section 2. So much of chapter four hundred and thirty-
eight of the acts of eighteen hundred and ninety-six and acts in
amendment thereof and in addition thereto as is inconsistent
herewith is hereby repealed.

Section 3. This act shall be submitted for acceptance to
the qualified voters of the city of Holyoke at the municipal elec-
tion held in said city in the year nineteen hundred and twenty-
three, in the 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-three, entitled 'An Act
to establish a two year term of office for the mayor of the city of
Holyoke', be accepted?" and shall take effect if accepted by
the affirmative votes of a majority of the voters voting thereon,
but not otherwise. Approved April 10, 1923.

City of
Holyoke,
mayor, elec-
tion, term of
office, etc.

Repeal.

To be sub-
mitted to
voters, etc.

Chap. 254: An Act relative to the taxation of domestic and foreign

business corporations.

Emergency
preamble.

Whereas, The deferred operation of this act would tend to
defeat its purpose, therefore it is hereby declared to be an emer-
gency law, necessary for the immediate preservation of the
public convenience.

G. L. 63, new
section after
§ 34.

Taxation of
one or more
domestic or
foreign business
corporations
controlled by a
domestic
business
corporation.

Be it enacted, etc., as follows:

Section 1. Chapter sixty-three of the General Laws is
hereby amended by inserting after section thirty-four the fol-
lowing new section: — Section 34 A. If one or more business
corporations, whether domestic or foreign, controlled through
stock ownership by a domestic business corporation, partici-
pated in the filing of a consolidated return of income to the
federal government, the tax under section thirty-two may, at
the request of the controlling corporation and with the consent
of the commissioner, be assessed upon their combined corporate

Acts, 1923. — Chap. 254. 237

excess and net income as if all the corporations so participating
were domestic business corporations, in which case the tax may
be assessed to all said corporations and collected from any one
or more of them. In addition to the returns required by sections
thirty-five and thirty-six the controlling corporation shall furnish
such additional information as the commissioner may require
to assess the tax. From the returns and other information
furnished by the controlling corporation the commissioner may
impose the tax pro\ided in section thirty-two upon the con-
solidated income and consolidated corporate excess of the cor-
porations participating in the return as though they were a
single corporation or may, in such other manner as he shall de-
termine, equitably adjust the tax of the applying corporations.
The term "foreign corporations", when used in this section, Term "foreign
shall include foreign corporations which do no business in this etc^To in-"^ '
commonwealth. dude, etc.

Section 2. Said chapter sixty-three is hereby amended by g. l. 63, new
inserting after section thirty-nine A, inserted by section two of l^sgA^etc.^'^
chapter four hundred and ninety-two of the acts of nineteen
hundred and twenty-two the following new section : — Section Taxation of
S9B. If one or more business corporations, whether domestic domest^°or
or foreign, controlled through stock ownership by a foreign foreign business

. . . 1 • 1 ni- (• !• 1 1 p corporations

corporation, participated in the filing or a consolidated return or controlled by a
income to the federal government, the tax under section thirty- corporation.
nine may, at the request of the controlling corporation and with
the consent of the commissioner, be assessed upon their com-
bined corporate excess and net income as if all the corporations
so participating were foreign corporations as defined in section
thirty, in which case the tax may be assessed to all said corpora-
tions and collected from any one or more of them. In addition
to the returns required by section forty, the controlling corpora-
tion shall furnish such additional information as the commis-
sioner may require to assess the tax. From the returns and
other information furnished by the controlling corporation, the
commissioner may impose the tax provided in section thirty-
nine upon the consolidated income and consolidated corporate
excess employed within the commonwealth of the corporations
participating in the return as though they were a single corpora-
tion, or may, in such other manner as he shall determine, equi-
tably adjust the tax of the applying corporations. When used Term " foreign
in this section, except as otherwise provided therein, the term eto.^°tcfin°'^^ '
"foreign corporations" shall include foreign corporations which elude, etc.
do no business in this commonwealth.

Section 3. Section thirty of said chapter sixty-three^ as q l 63, § so,
amended by chapter three hundred and two of the acts of nine- etc., amended.
teen hundred and twenty-two, is hereby further amended by in-
serting after the word "shall" in the second line the words: — ,
except as otherwise expressly provided therein, — so that the
paragraph included in the first two lines will read as follows: —
Section 30. When used in this section and sections thirty-one Definitions.
to fifty-two, inclusive, the following terms shall, except as other-
wise expressly provided therein, have the following meanings:.

Approved April 11, 1923.

238

Acts, 1923. — Chaps. 255, 256, 257.

Assessment of
poll taxes and
making of cer-
tain lists in
city of
Brockton.

Reimbursement
of police de-
partment, etc.

To be sub-
mitted to city
council.

Chap.255 An Act relative to the assessment of poll taxes and

THE MAKING OF CERTAIN LISTS IN THE CITY OF BROCKTON.

Be it enacted, etc., as follows:

Section 1. In the making of lists under sections four to
fourteen, inclusive, of chapter fifty-one of the General Laws,
the board of assessors of Brockton, may, with the approval of
the mayor, have the assistance of the police department of said
city in visiting buildings and residences and performing the
duties of assistant assessors in securing the information required
by said sections.

Section 2. The said police department shall be reimbursed
by the board of assessors for the wages or salaries of such police
officers as may be detailed by the city marshal for the perform-
ance of the duties described in the preceding section.

Section 3. This act shall take effect upon its acceptance by
the city council of said city. Approved April 11, 1923.

Chap. 256 An Act authorizing the city of new Bedford to pension

THOMAS J. GIFFORD.

Be it enacted, etc., as follows:

Section 1. The city of New Bedford may retire Thomas
J. Gifford, a veteran of the civil war, employed as its soldiers'
aid agent for the past six years, on an annual pension equal to
one half his present annual compensation.

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, that such acceptance occurs prior to
December thirty-first in the current year.

Approved April 11, 1923.

Chap. 257 An Act to incorporate the fieldston water company.

Be it enacted, etc., as follows:

Section 1. Joseph P. Spang, ISIary T. Spang and Marie F.
Spang, their associates and successors, are hereby made a cor-
poration by the name of the Fieldston Water Company, for the
purpose of furnishing with water for the extinguishment of fires
and for domestic, manufacturing and other purposes, the in-
habitants of the town of Marshfield, along the shore in said
Marshfield and within the territory that is bounded and de-
scribed as follows: Beginning at a point at the junction of the
Old Beach road extended to the ocean and the ocean, thence
bounded by the ocean for a distance of one and one half miles
northerly to another point on said beach; thence turning and
running westerly to the South river; thence bounded by the
South river and running along the southerly bank of said South
river to the railroad; thence bounded by said railroad to the
junction of the railroad and Ocean street; thence turning and
running along said Ocean street to Old Beach road ; thence con-
tinuing along and bounded by said Old Beach road to the point
of beginning at the junction of Old Beach road extended to the

City of New
Bedford may
pension
Thomas J.
Gifford.

To be sub-
mitted to city
council, etc.

Proviso.

Fieldston
Water Com-
pany, incor-
porated.

Acts, 1923. — Chap. 257. 239

ocean; with all the powers and privileges and subject to all the
duties, restrictions, and liabilities set forth in all general laws
now or hereafter in force applicable to such corporations.

Section 2. The said corporation, for the purposes aforesaid, Mcy take, etc.,
may lease, take by eminent domain under chapter seventy-nine
of the General Laws, or acquire by purchase or otherwise, and
convey through the above-described territory or any part thereof,
the water, so far as may be necessary for said purpose, of any
wells, ponds, brooks, springs or streams within said described
territory, subject to the approval of the department of public Approval of
health; and for said purposes may lease, take as aforesaid, or pfjbi[cherithf
acquire bv purchase or otherwise, any real estate within said May take, etc.,

, •. " (»iii> 1 • 1 i 1 real estate, etc.

territory necessary lor holding and preserving such water and
con ve^'ing the same to any part of said territory ; and may erect
on the land thus acquired proper dams, buildings, fixtures and
other structures; and may make excavations, procure and
operate machinery, and provide such other means and appliances
as may be necessary for the establishment and maintenance of
complete and effective water works; may construct and lay May construct
conduits, pipes and other works, over and under any lands, water- et".*^"'*^' ^*^^^'
courses, railroads, railways, and public or private ways, and along
such ways, in such manner as not unnecessarily to obstruct the
same; and for the purposes of constructing, maintaining and
repairing conduits, pipes and other works, and for all other proper
purposes of this act, said corporation may dig up any such lands,
and, under the direction of the selectmen of the town of Marsh-
field, enter upon and dig up any such ways, in such manner as
to cause the least hindrance to public travel thereon. The said ^poVrairroad
corporation shall not enter upon, construct or lay any pipes, location,
conduits or other Avorks within the location of any railroad cor- ^^'^^^^ ' ^ °'
poration, except at such time and in such manner as it may agree
upon with such railroad corporation, or in case of failure so to
agree, as may be approved by the department of public utilities.
The rights hereinbefore granted shall apply equally to waters Application of
now owned by the persons named in section one of this act, or "ghts, etc.
any of them, and to structures, dams, conduits and other ap-
purtenances now owned by them or any of them.

Section 3. Any person sustaining damages in his property Damage.?, how
by any taking under this act or any other thing done under au- recovered, etc.
thority thereof may recover such damages from said corporation
under said chapter seventy-nine; but the right to damages for
the taking of any water, water right or water source, or for any
injury thereto, shall not vest until water is actually withdrawn
or diverted under authority of this act.

Section 4. Said corporation may distribute water through May distribute
the territory hereinbefore described, or any part thereof, may "tc!*''^' ^^ ^'^^°^'
regulate the use of said water and fix and collect rates to be paid
for the same; and may make such contracts with any person
or corporation to supply water for the extinguishment of fires,
or for such other purposes as may be agreed upon by it and such
person or corporation.

Section 5. The said corporation may, for the purposes set Ma^' hold real
forth in this act, hold real estate not exceeding in value ten

240

Acts, 1923. — Chap. 257.

Capital stock.

May issue
bonds, etc.

Penalty for
polluting
water, etc.

Town of Marsh-
field may
purchase
franchise,
property, etc.

Proviso.

Determination
of market value
of franchise,
etc., in case of
disagreement,
etc.

Time of taking
effect, etc.

thousand dollars; and the whole capital stock of the said cor-
poration shall not exceed twenty-five thousand dollars, to be
divided into shares of one hundred dollars each.

Section 6. The said corporation may issue bonds to an
amount not exceeding its capital stock actually paid in and
applied to the purposes of the corporation, and secure the same
by a mortgage of its franchise and other property.

Section 7. Whoever wilfully or wantonly corrupts, pollutes
or diverts any water taken or held under this act, or injures any
structure, work or other property owned, held or used by said
corporation under authority of this act, shall forfeit and pay to
said corporation three times the amount of damages assessed
therefor, to be recovered in an action of tort; and upon being
convicted of any of the above wilful or wanton acts shall be pun-
ished by a fine not exceeding three hundred dollars, or by im-
prisonment in jail for a term not exceeding one year.

Section 8. Supplementary to and in continuation of the
power and authority granted to the town of Marshfield under
chapter four hundred and five of the acts of nineteen hundred
and twenty, or any other power and authority, said town shall
have the absolute right at any time during the continuance of
the charter hereby granted, to purchase the franchise, property
and all the rights and privileges of said corporation on payment
to it of the market value of said franchise, corporate property,
rights and privileges, as mutually agreed upon or as hereinafter
determined, on the date which said town shall fix for such pur-
chase; provided, that said town shall give said corporation
written notice of its intention to purchase as aforesaid at least
sixty days before said date. If said town and said corporation
shall be unable to agree within sixty days after said date upon
the market value of said franchise, corporate property, rights
and privileges, said town shall appoint one arbitrator and said
corporation shall appoint a second arbitrator and the two arbi-
trators so appointed shall appoint a third arbitrator. Said board
of arbitration shall determine the market value of said franchise,
corporate property, rights and privileges, and the findings of
said board on all matters of fact shall be final. The hearings
before said board shall be commenced within thirty days after
the date of the appointment of the third arbitrator and con-
cluded within ninety days after his appointment, and the pro-
cedure before said board shall be in accordance with the pro-
visions of chapter two hundred and fifty-one of the General Laws,
except that the supreme judicial court shall have exclusive juris-
diction in equity to enforce by appropriate orders or decrees, or
otherwise, the findings of said board, and the right of said town
to take possession of said franchise, corporate property, rights
and privileges upon payment to said corporation of the sum
awarded by said board.

Section 9. This act shall take effect upon its passage; but
any action thereunder shall be void unless water is actually
withdrawn or diverted under authority thereof within three
years from the date of its passage. Approved April 11, 1923.

Acts, 1923. — Chap. 258. 241

An Act providing allowances for the burial expenses ni.fj^ oco

OF CERTAIN PERSONS WHO DIED OVERSEAS IN THE SERVICE "'

OF THE UNITED STATES IN THE WORLD WAR.

Be it enacted, etc., as follows:

Section 1. Section one of chapter three hundred and ^^^J;^^'^^ 5 1,
sevent3'-eight of the acts of nineteen hundred and twenty-two
is hereby amended by inserting after the word "Wars" in the
second hne the words : — of the United States, — by striking
out, in the fourth and fifth hnes, the words " of the United States
who died in overseas service during the World War" and in-
serting in place thereof the words : — , or army or navy nurse,
of the United States who died in overseas service between April
sixth, nineteen hundred and seventeen, and October eighteenth,
nineteen hundred and twenty-one, — so as to read as follows : —
Section 1 . A post of The American Legion or of the Veterans of Allowances for
Foreign Wars of the United States may be granted an allowance of^certam per-^
for expenses actually incurred in a military funeral or burial of ovMseiTin^^'^
a soldier, sailor or marine, or army or navy nurse, of the United service of
States who died in overseas service between April sixth, nineteen in'worid Wa?.
hundred and seventeen, and October eighteenth, nineteen hun-
dred and twenty-one, not exceeding fifty dollars in each case;
provided, that if financial assistance has been received from any provisos.
public or private source in conducting such funeral or burial, the
sum so allowed shall be reduced by the amount of such assistance,
and provided further that where two or more such posts jointly
conduct or assist in conducting such a funeral or burial the said
allowance shall be paid to both posts in such proportions as the
commissioner of state aid and pensions approves.

Section 2. Section two of said chapter three hundred and i922, 378^ § 2,
seventy-eight is hereby amended by striking out, in the second
and third lines, the words " December thirty-first, nineteen hun-
dred and twenty-two" and inserting in place thereof the words:
— October first, nineteen hundred and twenty-three, — so as to
read as follows : — Section 2. Application for such allowance Application for
may be made, not later than October first, nineteen hundred and wh°en'Tncf to
twenty -three, on special forms prepared by said commissioner, whom to be
to the officials charged with the disbursement of state and mill- ** ^'^ '^'
tary aid for soldiers and sailors and their dependents in the city
or town where the post entitled thereto is located. Said officials
shall forward the application to the commissioner, who, after
examination, shall allow and endorse thereon such amount as
he may find to be due such post or posts applying under this act.
The amount so allowed shall be paid by the treasurer of the Payment by
city or town, and the commonwealth shall reimburse such city and^lfa'te rei^-^
or town therefor when reimbursing it for payments of state and bursement
military aid. Approved April 11, 1923.

242

Acts, 1923. —Chaps. 259, 260, 261.

Chap.25Q An Act relative to bonds required of national banks

AS FIDUCIARIES.

Be it enacted, etc., as follows:

^cVon^ft"^^ Chapter two hundred and five of the General Laws is hereby

§ 6. amended by inserting after section six the followang new section:

Bonds required — SectioTi 6 A. No surcty shall be required upon bonds filed by

banks'actins as national bauks, located in this commonwealth and duly per-

fiduciaries, etc. mitted to act in a fiduciary capacity, as executor, administrator,

administrator with the will annexed, receiver, assignee, guardian,

conservator or trustee under a will or instrument creating a trust

for the care and management of property, except that the court

appointing such a bank as such a fiduciary, other than as trustee,

may upon application of an interested person require the bank

so appointed to give such security, in addition to the lien or

security provided by the laws of the United States, as the court

. may consider proper, and upon failure of such bank to give the

security required may revoke such appointment and remove

such bank. Approved April 11, 1923.

Chap. 260 An Act authorizing the town of methuen to incur in-
debtedness FOR SCHOOL PURPOSES.

Be it enacted, etc., as folloivs:

Town of
Methuen may
borrow money
for school
purposes.

Section 1. For the purpose of constructing additions to
existing school buildings and of purchasing original equipment
and furnishings for said additions, the town of Methuen may
borrow from time to time such sums as may be necessary, not
exceeding, in the aggregate, three hundred thousand dollars, and
may issue bonds or notes therefor, which shall bear on their face
Methuen School the words, Mcthueu School Loan, Act of 1923. 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 provided herein, be subject to chapter forty-four of
the General Laws.

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

Approved April 12, 1923.

Loan, Act of
1923

Chav 261 ^^ ^^'^ providing for certain improvements at the

NORFOLK COUNTY AGRICULTURAL SCHOOL.

Be it enacted, etc., as follows:

Section 1. For the purpose of completing the construction
of new buildings at the Norfolk county agricultural school, in-
cluding heating and plumbing plants and other equipment and
for the construction of a coal pocket and subway, the trustees
of said school are hereby authorized to expend a sum not exceed-
ing thirty-nine thousand dollars.

Section 2. For the purposes aforesaid, the county commis-
sioners of said county may from time to time borrow upon the
credit of the county such sums as may be necessary, not exceed-

Trustees of
Norfolk county
agricultural
school may
expend money
for certain
improvements.

Loans by
Norfolk county
commissioners.

Acts, 1923. — Chaps. 262, 263. 243

ing, in the nggivgatc, thirty-nine thousand doUars, and may
issue bonds or notes of the county therefor. Each authorized
issue shall constitute a separate loan, and such loans shall be
payable within eight years from their dates. Such bonds or
notes shall be signed by the treasurer of the county and counter-
signed by a majority of the county commissioners. The county
may sell said securities at public or private sale upon such terms
and conditions as the county commissioners may deem proper
but not for less than their par value, and the proceeds shall be
paid to the trustees of the said school by the treasurer of the
county upon their requisitions. Indebtedness incurred here-
under shall be subject to chapter thirty-five of the General Laws.

Section 3. This act shall take effect upon its acceptance by To be sub-
the county commissioners of Norfolk county; provided, that fbi"county°'^"
such acceptance occurs prior to December thirty-fii'st in the commissioners.
current year. Approved April 12, 1923. ^^o^^^"-

An Act to provide for sittings of the superior court /^/,^^ 962

FOR THE hearing OF JURY WAIVED CASES AT QUINCY IN THE ^'
COUNTY OF NORFOLK.

Be it enacted, etc., as follows:

Section 1. Section seventeen of chapter two hundred and g. l 212, § i7,
twelve of the General Laws is hereby amended by inserting
after the word "Haverhill" in the fifth line the following: — ,
or for Norfolk county from Dedham to Quincy, — so as to read
as follows: — Section 17. The court may adjourn any estab- Superior court,
Hshed sitting for Bristol county from Taunton or New Bedford Spiace other
to Fall River, or for Plymouth county from Plymouth to Brock- than shire
ton, and for the hearing of jury waived cases may adjourn any
established sitting for Essex county from Salem, Lawrence or
Newburyport to Haverhill, or for Norfolk county from Dedham
to Quincy, in the manner and with the effect of an adjournment
to another shire town; and such adjournment shall be subject
to all laws relative thereto.

Section 2. Chapter three hundred and fifty of the acts of 1921,350.
nineteen hundred and twenty-one is hereby repealed. ^^^^'^'^

Section 3. This act shall take effect upon its acceptance by To be sub-
the county commissioners of the county of Norfolk; provided, Norfolk county
that such acceptance occurs prior to December thirty-first in commissioners.
the current year. Approved April 12, 1923.

An Act to authorize notaries public to summon witnesses QJiqj) 263
in certain cases.

Be it enacted, etc., as follows:

Section one of chapter two hundred and thirty-three of the g. l. 233, § 1,
General Laws is hereby amended by inserting after the word ^™^° ^' "
"record" in the first line the words: — , a notary public, — and
by inserting after the word "but" in the fourth line the words:
— a notary public, — so as to read as follows: — Section 1. A witnesses, how

111. c 1 J 11- •• PI summoned.

clerk ol a court 01 record, a notary public, a justice of the peace

244

Acts, 1923. — Chap. 264.

or a special commissioner may issue summonses for witnesses in
all cases pending before courts, magistrates, auditors, referees,
arbitrators or other persons authorized to examine witnesses;
but a notary public, a justice of the peace or a special commis-
sioner shall not issue summonses for witnesses in criminal cases
except upon request of the attorney general, district attorney or
other person who acts in the case in behalf of the common-
wealth or of the defendant. If the summons is issued at the
request of the defendant that fact shall be stated therein. The
summons shall be in the form heretofore adopted and commonly
used, but may be altered from time to time like other writs.

Approved April 12, 1923.

C hap. 2Q4: An Act to enable the city of melrose to improve and

ADAPT CERTAIN OF ITS UNDEVELOPED PARK LANDS LOCATED
ON LYNN FELLS PARKWAY AND TREMONT STREET TO THE
PURPOSE FOR WHICH THEY WERE ACQUIRED BY SAID CITY.

Be it enacted, etc., as follows:

Section 1. The city of Melrose is hereby authorized by
and with the consent of its park commission to lease at a nominal
rental for a term of not exceeding ninety-nine years certain of
its now undeveloped park lands more particularly described in
section two of this act to an association or corporation to be
organized and maintained by Melrose citizens for the purpose
of improving said park lands by constructing and enclosing an
athletic field and erecting structures thereon for use in connection
with athletics. Such association or corporation may rent the
same for athletic contests and may charge or permit a charge for
admission thereto, but when not so used shall, subject to reason-
able rules and regulations, permit the inhabitants of said city to
use the same as a playground; it may issue bonds or other obli-
gations for the purpose of raising funds for such improvement
and in all respects, except as herein otherwise provided, may
control and manage said property during the term of said lease
and from time to time establish rules and regulations governing
the use thereof. All profits accruing to said association or cor-
poration from the use and management of said property shall
be used for the further development and improvement thereof.

Section 2. The land that may be leased as herein authorized
consists of about seven acres located north of Lynn Fells park-
way and east of Tremont street in said city and is more particu-
larly bounded and described as follows : — Beginning at the
northeast corner of Lynn Fells parkway and Tremont street and
running northerly by Tremont street, six hundred and ninety-
five feet more or less to land of R. J. Munn and brothers ; thence
running easterly on land of said Munn and brothers, land of
DeMar and by Union street, four hundred and fifteen feet more
or less to land now or formerl^^ of Conway estate; thence running
southerly by said land of Conway estate three hundred and
thirty-eight feet more or less to the southwesterly corner of said
land of Conway estate and the present park line; thence running

City of Melrose
may lease
certain of its
undeveloped
park lands to
an association
or corporation
to be organized
for purpose of
improving said
lands, etc.

Said association
or corporation
may rent same
for athletic
contests, etc.

May issue
bonds, etc.

May control
and manage
property, etc.

Profits, how to
be used.

Boundaries
and description
of land, etc.

Acts, 1923. — Chap. 265. 245

easterly one hundred and fl^•c feet more or less on said Conway
estate land and along said park line to land of William Magner
and the line of the proposed extension of Ashland street; thence
running southerly by the proposed extension of Ashland street
two hvmdred feet more or less to Lynn Fells parkway; thence
running westerly by Lynn Fells parkway seven hundred feet
more or less to the point of beginning.

Section 3. So long as said property is used solely for the Exemption
purposes herein expressed, it shall be exempt from taxation but ^''oni taxation.
whenever it shall cease to be so used the said leasehold terra Effect of use of
shall terminate and said land shall revert to the city of Melrose purposes not
and any structures thereon shall become its absolute property, expressed

Section 4. This act shall take effect upon its acceptance by xobesub-
a vote of the board of aldermen of said city within two years mitted to board
from the date of its passage and the terms of any lease under the etc. ^'^^^'
authority hereby granted shall be approved by vote of said Terms of lease
board. Approved April 12, 1923. by boaXete.

An Act authorizing the county of Plymouth to borrow fhr.^ o«c

MONEY FOR CERTAIN IMPROVEMENTS AND ADDITIONS AT THE ^'

PLYMOUTH COUNTY HOSPITAL AT SOUTH HANSON.

Be it enacted, etc., as follows:

Section L For the purpose of providing adequate laundry Plymouth
accommodations and equipment and of making minor improve- misskfners'^may
ments, additions and changes at the Plymouth county hospital expend money
at South Hanson, the county commissioners of said county may mentsf etc^at
expend a sum not exceeding twenty thousand dollars. SuJTty^hospitai

Section 2. For the purpose aforesaid, the said county com- at South
missioners may borrow money on the credit of the county and May^borrow
issue notes of the county therefor to an amount not exceeding money, etc.
twenty thousand dollars. Such notes shall be payable by such
annual payments beginning not more than one year after the
date thereof as will extinguish each loan within four years from
its date. The amount of such annual payment in any year shall
not be less than the amount of the principal of the loan payable
in any subsequent year. The notes shall be signed by the
county treasurer and countersigned by the county commis-
sioners. Each authorized issue shall constitute a separate loan. Assessments
All sums necessary to meet interest payments on said notes and and^cftyTon-
payments on account of principal as the same mature shall be stituting hos-
assessed upon the twenty-six towns and one city of said county ^''^^ istnct.
constituting the hospital district, in accordance with section
eighty-five of chapter one hundred and eleven of the General
Laws, as amended by section two of chapter one hundred and
thirteen of the acts of nineteen hundred and twenty-three.

Section 3. This act shall take effect upon its acceptance by to besub-
the county commissioners of the county of Plymouth; provided, ^unty com-
that such acceptance occurs prior to December thirty-first in niissioners.
the current year. Approved April 12, 1923. Proviso.

246

Acts, 1923. — Chaps. 266, 267.

G. L. 40, § 14,
etc., amended.

Chap. 266 An Act authorizing cities and towns to purchase or

TAKE BY EMINENT DOMAIN EASEMENTS OR RIGHTS IN LAND.

Be it enacted, etc., as follows:

Section fourteen of chapter forty of the General Laws, as
amended by section seven of chapter four hundred and eighty-
six of the acts of nineteen hundred and twenty-one, is hereby
further amended by inserting after the word "land" in the fifth
line the words : — , easement or right therein, — by inserting
after the word "use" in the same line the words: — , including
an easement in land adjoining the location of a public way con-
sisting of a right to have the land of the location protected by
having the surface of such adjoining land slope from the boundary
of the location, — and by inserting after the word "land" in the
sixth line the words : — , easement or right therein, — so as to
read as follows: — Section I4. The aldermen of any city, except
Boston, or the selectmen of a town may purchase, or take by
eminent domain under chapter seventy-nine, for any municipal
purpose any land, easement or right therein within the town
not already appropriated to public use, including an easement
in land adjoining the location of a public way consisting of a
right to have the land of the location protected by having the
surface of such adjoining land slope from the boundary of the
location; but no land, easement or right therein shall be taken
or purchased under this section unless the taking or purchase
thereof has previously been authorized by the city council or by
vote of the town, nor until an appropriation of money, to be
raised by loan or otherwise, has been made for the purpose by
a two thirds vote of the city council or by a two thirds vote of
the town, and no lot of land shall be purchased for any municipal
purpose for a price more than twenty-five per cent in excess of
its average assessed valuation during the previous three years.

Approved April 13, 1923.

Cities and
towns may
purchase or
take land,
easements and
rights therein,
etc.

City of Hol-
yoke. Child
Welfare Com-
mission,
establishment,
powers, duties,
etc.

Chap.267 An Act establishing a child welfare commission in the

CITY OF HOLYOKE.

Be it enacted, etc., as follows:

Section 1. For the purpose of conserving the health of
infants in the city of Holyoke, there is hereby established in the
said city a commission, to be known as the Child Welfare Com-
mission. Said commission shall be appointed in the manner
hereinafter provided, and shall consist of six members, two of
whom shall be registered physicians and three of whom shall be
women. It shall exercise its powers and perform its duties under
the direction and control of the mayor of said city. Subject to
such direction and control, it may furnish pure modified or whole
milk for infants; may provide the same with special formulse
for sick and malnutrition cases; may establish and maintain a
milk station and one or more modification laboratories; may
advise women who are residents of said city in the care of chil-
dren; may establish clinics for the examination and weighing of

Acts, 1923. — Chap. 268. 247

children; may employ necessary assistants and employees and
define the duties of the same and may make such rules and
regulations, not inconsistent with this act, as may be necessary
for the proper execution of its duties. The said commission shall
have no power to provide milk for any child, or to examine or
weigh any child, except with the consent of the mother or other
person legally having custody or control of such child, and shall
have no power to compel adults or children to comply with its
advice or instructions. It may establish prices for the milk
furnished by it, which shall not exceed the cost thereof.

Section 2. The books and records of the said commission inspection of
shall at all times be open to the inspection of the maj^or or board ^°°^^' "*"•
of aldermen. The said commission shall, annually in the month Annual report.
of December, make a detailed report of its doing to the mayor
and aldermen.

Section 3. The mayor of said city, prior to July first, nine- Members, ap-
teen hundred and twenty-three, shall appoint three members of pointment.
said commission to serve for one year and three members to
serve for two years, from the first Monday of July, nineteen
hundred and twenty-three, and thereafter, as the term of any
member expires, a successor shall be appointed for two years,
and vacancies shall be filled in like manner for unexpired terms. Vacancies.
The members of the said commission shall serve without com- Nocompensa-
pensation. *'°°-

Section 4. The said commission shall be subject to such of Subject to
the provisions of chapter four hundred and thirty-eight of the visions of law.
acts of eighteen hundred and ninety-six and all acts in amend-
ment thereof and in addition thereto, as are not inconsistent
with this act.

Section 5. This act shall take efltect upon its acceptance by To be sub-
vote of the city council of said city, subject to the provisions of councn^etc!*^^
its charter; pro\dded, that such acceptance occurs prior to June Proviso.
fifteenth in the current year. Approved April 13, 1923.

An Act relative to certain fresh water fish. Chav 268

Be it enacted, etc., as follows:

Section 1. Chapter one hundred and thirty of the General '^■^■}^^' ^^^'
Laws is hereby amended by striking out section fifty-eight and '
inserting in place thereof the following : — Section 58. No Close season
person shall take pickerel between March first and May first in ^^ ^^'^ ^^^ '
any year, or have in possession pickerel taken in this common-
wealth during said period unless taken by a person lawfully
fishing and immediately returned alive to the water whence it
was taken, nor shall he at any time buy, sell or offer for sale or Sale, etc., of
have in possession for the purpose of sale any pickerel taken in jn^'thk st^ate""
this commonwealth. Whoever violates any provision of this prohibited.
section shall be punished by a fine of not less than five dollars. ^^^"^^*y-
The possession of a pickerel during said period shall be prima
facie evidence of such unlawful taking.

Section 2. Chapter one hundred and thirty is hereby further g. l. i.so, § 59,
amended by striking out section fifty-nine and inserting in place ^™e"'*'^'*-
thereof the following: — Section 59. Whoever takes from the

248

Acts, 1923. — Chap. 269.

Penalty for
taking, etc.,
short pickerel.

G. L. 130, § 61,
etc., amended.

Restrictions on
taking, sale,
etc., of white
perch.

Proviso.

Not applicable
to certain
waters.

Penalty.

G. L. 130,

§ 78 A, etc.,
amended.

Restrictions on
taking, sale,
etc., of certain
fresh water
fish.

Penalty.

waters of the commonwealth a pickerel less than twelve inches
in length or has in possession any such pickerel shall be punished
by a fine of one dollar for each pickerel so taken or held in
possession ; and in prosecutions under this section the possession
of pickerel less than twelve inches in length shall be prima
facie evidence of such unlawful taking.

Section 3. Said chapter one hundred and thirty, as amended
in section sixty-one by chapter one hundred and forty-eight of
the acts of nineteen hundred and twenty-two, is hereby further
amended by striking out said section and inserting in place
thereof the following: — Section 61. No person shall take from
any inland 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 have in
possession a white perch so taken between said dates, or buy,
sell or offer for sale any white perch taken from the inland waters,
so stocked, nor shall he take from the inland waters, so stocked,
any white perch less than seven inches in length or have the same
in possession, nor shall he take therefrom a total of more than
twenty white perch in any one day; provided, that when two or
more persons are fishing from the same boat or raft they shall
not take more than thirty white perch in the aggregate. This
section shall not apply to waters now or hereafter held under
lease by the commonwealth or by the commissioner of conserva-
tion. Violation of any provision 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, bought, sold,
offered for sale or had in possession.

Section 4. Said chapter one hundred and thirty is hereby
further amended by striking out section seventy-eight A, in-
serted by chapter one hundred and eighty-eight of the acts of
nineteen hundred and twenty-one, and inserting in place thereof
the following: — Section 78 A. No person shall take or have in
possession more than six black bass, fifteen pickerel, forty
horned pout, forty yellow perch or five wall eyed pike, some-
times called pike perch, taken from the waters of the common-
wealth in any one day. Nor shall he take from said waters or
have in possession horned pout between March first and June
fifteenth in any year or yellow perch between March first and
April first in any year, nor shall he at any time buy, sell, offer or
expose for sale or have in possession for the purpose of sale a
horned pout or yellow perch taken from the waters of the com-
monwealth. Whoever violates this section shall be punished by
a fine of not more than ten dollars for every fish so unlawfully
taken, bought, sold, offered for sale or had in possession.

Approved April 13, 1923.

Chap. 2^^ An Act relative to the taking and possession of trout

AND TO THE BUYING AND SELLING THEREOF.

Be it enacted, etc., as follows:

G. I'- 130, § 49, Chapter one hundred and thirty of the General Laws is hereby
amended by striking out section forty-nine and inserting in place

Acts, 1923. —Chaps. 270, 271. 249

thereof the following: — Section JfO. Except as provided in sec- Provisions us to
tion fifty-two, no person shall at any time buy, sell or offer for possofsro'jfof
sale a trout or take or ha\'e in possession trout between August {^""out and to
first in any year and April fifteenth of the year following; or selling thereof.
have in possession at any time a brook trout less than six inches
in length or a rainbow^ or brown trout less than eight inches in
length, unless taken by a person lawfully fishing and immediately
returned alive to the water whence it was taken.

Approved April 13, 1923.

An Act authorizing the metropolitan district commis- nijfjj. 070

SIGN TO construct SUITABLE SHELTERS FOR THE PUBLIC ^'

AT THE LYNN SHORE RESERVATION.

Be it enacted, etc., as follows:

Section 1. The metropolitan district commission may con- Metropolitan
struct a shelter or shelters upon the Lynn shore reservation, so- ^ksion may
called, either in the towTi of Nahant or the city of Lynn, and, construct
for that purpose, may expend a sum not exceeding ten thousand public at°Lynn
dollars out of the Metropolitan Parks Expense Fund. ^^^^^ reserva-

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

Approved April 14, 1923.

Chap. 211

An Act relative to the local taxation of land held for
county tuberculosis hospitals.

Whereas, The deferred operation of this act would render it Emergency
inoperative for the current year, contrary to its intent, therefore p^'^ambie.
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 L Chapter fifty-eight of the General Law^s, as g. l. 58, § 13,
amended in section thirteen by section fifteen of chapter four ®^*^' amended.
hundred and eighty-six of the acts of nineteen hundred and
twenty-one, is hereby further amended by striking out said sec-
tion thirteen and inserting in place thereof the following: —
Section 13. In nineteen hundred and twenty-five and in every Determination
fifth year thereafter the commissioner shall between April first certaln^state
and June first determine as of April first the fair cash value of and county
all land in every town owned by the commonwealth and used fiveyeJrs'!^
for the purposes of a public institution, a fish hatchery or game
preserve, a state military camp ground or a state forest; and he
shall between April first and June first in the year nineteen hun-
dred and twenty-three, and in the year nineteen hundred and
twenty-five and in every fifth year thereafter, determine as of
April first the fair cash value of all land in every town held by
county commissioners for hospital purposes under sections
seventy-eight to ninety, inclusive, of chapter one hundred and
eleven. This determination shall be in such detail as to lots,
subdivisions or acreage as the commissioner may deem necessary,

250

Acts, 1923. —Chap. 271.

G. L. 58, § 14,
amended.

Notice of
determination
of value to

Application for
correction to
board of
appeal, etc.

G. L. 58, § 15,
etc., amended.

Effect of
valuation
determined,
etc.

Valuation of
newly acquired
land.

Proviso.

and to assist him in making it he may require oral or written
information from any officer or agent of the commonwealth or
of any county or town therein and from any other inhabitant
thereof, and may require such information to be on oath. Such
officers, agents and persons, so far as able, shall furnish the com-
missioner with the required information in such form as he may
indicate, within fifteen days after being so requested by him.

Section 2. Said chapter fifty-eight is hereby further
amended by striking out section fourteen and inserting in place
thereof the following: — Section 14- The commissioner, not
later than June tenth of each year in which he makes such de-
termination, shall notify the assessors of each town where the
commonwealth owns, or the county commissioners hold, land
for the purposes named in the preceding section, of his determi-
nation of the value of such land in such town. A board of
assessors aggrieved by said determination may, within ten days
after the date of the notice, apply for a correction thereof to the
board of appeal from decisions of the commissioner of corpora-
tions and taxation. Said board shall give a hearing to such
assessors not later than July fifteenth following, and shall
seasonably notify them and the commissioner of the time and
place of the hearing. After the hearing said board of appeal
shall notify said board of assessors and the commissioner of its
finding as to the value of the land in question, and its decision
shall be conclusive.

Section 3. Said chapter fifty-eight, as amended in section
fifteen by section one of chapter two hundred and eighty-two
of the acts of nineteen hundred and twenty-one, is hereby
further amended by striking out said section fifteen and inserting
in place thereof the following: — Section 15. The valuation
determined under the two preceding sections shall be in effect
for the purposes of sections seventeen and seventeen A during
the year in which such valuation is made and the four succeeding
years, and until another valuation is made under sections thirteen
and fourteen, except that the valuation of lands held by county
commissioners for hospital purposes as set forth in section
thirteen, made in nineteen hundred and twenty-three, shall be
in effect for the purposes of section seventeen A in said year and
in the succeeding year; and except further that whenever land
is acquired by the commonwealth or by county commissioners
for the purposes set forth in section thirteen the commissioner
shall adopt the assessed valuation of said land made in the year
last preceding such acquisition, and such assessed valuation
shall be the valuation of the land for the purposes of sections
seventeen and seventeen A, until a new valuation is made by
the commissioner or by the board of appeal under section thirteen
or fourteen; provided, that as to land used for a state forest such
assessed valuation shall be reduced by deducting therefrom the
value of all forest products removed from such land between
April first on which it was last assessed and April first in the
year for which the reimbursement is to be made, the amount
thereof to be certified annually before May first to the com-
missioner by the state forester.

Acts, 1923. — Chaps. 272, 273. 251

Section 4. Said chapter fifty-eight is hereby further g. l. 58, new
amended by inserting after section seventeen the following new f^^'""" ''^*'""
section: — Section 17A. The assessors of any town in which ix)cai taxation
county commissioners hold land for the purposes set forth in f'^^'county'^
section thirteen shall assess such land to the county in the annual tuberculosis
valuation and tax list at the value determined by the commis- "^p'*'*^-
sioner or the board of appeal under section thirteen or fourteen,
or adopted by the commissioner as provided in section fifteen,
and at the tax rate of the town for that year. If notification as
provided in said section fourteen is not received by the assessors
in time to make the assessment in the manner above provided,
the land shall be assessed at said value under the provisions of
section seventy-five of chapter fifty-nine. The tax bill for land
so assessed shall be sent to the county treasurer who shall pay
the same from funds available for carrying out the provisions of
section eighty-five of said chapter one hundred and eleven, and
such payment shall be deemed a part of the cost of hospital
maintenance for said year within the meaning of said section
eighty-five.

Section 5. This act shall take effect as of March thirty-first, T>me of taking
nineteen hundred and twenty-three.

Approved April 14, 1923.

An Act authorizing the town of andover to incur in- fhnjy 272

DEBTEDNESS FOR SCHOOLHOUSE PURPOSES. ^'

Be it enacted, etc., as follows:

Section 1. For the purpose of building a school building in Town of
the town of Andover and of purchasing furnishings and original borrow'^Lo^My
equipment for said building, said town may borrow from time for schooihouse
to time such sums as may be necessary, not exceeding, in the p"''p°®®^-
aggregate, two hundred and thirty thousand dollars, and may
issue bonds or notes therefor, which shall bear on their face the
words, Andover School Loan, Act of 1923. Each authorized issue Andover School
shall constitute a separate loan. Indebtedness incurred under ]^23!' ^^^ °^
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 14, 1923.

An Act relative to the construction of a sea wall, park Chap. 273
and roadway along a portion of western avenue in
the city of Gloucester.

Be it enacted, etc., as follows:

Section 1. Section one of chapter five hundred and two of a^ended.^ ^'
the acts of nineteen hundred and twenty-two is hereby amended
by striking out, in the eighth line, the words " one hundred and
.seventy" and inserting in place thereof the words: — two hun-
dred and ten, — so as to read as follows: — Section 1. The Division of
division of waterways and public lands of the department of public^famisr

252

Acts, 1923. — Chap. 274.

Esses county
and city of
Gloucester may
construct sea
wall, park, etc.

1922, 502, § 3,
amended.

City of

Gloucester may
expend money
for payment of
land damages,
etc.

1922, 502, § 7,
amended.

City of

Gloucester may
borrow money
to meet pay-
ments of land
damages, etc.

public works, the county of Essex, and the city of Gloucester,
are hereby authorized to undertake jointly the construction of
a sea wall in Gloucester harbor, and a park and roadway along
that portion of Western avenue in the city of Gloucester from
Blynman bridge easterly to a point near the Tavern, at an ex-
penditure for the entire project not exceeding the sum of two
hundred and ten thousand dollars.

Section 2. Said chapter five hundred and two is hereby
amended by striking out section three and inserting in place
thereof the following: — Section 3. Upon the completion of the
sea wall the city of Gloucester is hereby authorized to expend a
sum not exceeding ninety thousand dollars for the payment of
land damages and for filling the area between said sea wall and
the present location of Western avenue, changing the grade and
improving said area for highway and park purposes in accordance
with lines and grades that may be established, in accordance
with chapter eighty-two of the General Laws.

Section 3. Said chapter five hundred and two is hereby
amended by striking out section seven and inserting in place
thereof the following: — Section 7. For the purpose of paying
land damages and the cost of filling authorized by sections one
and three, and its share of the cost of the sea wall authorized by
sections one and two and of the roadway authorized by sections
one and four, the city of Gloucester may borrow from time to
time outside the statutory debt limit, such sums as may be
necessary therefor, not exceeding, in the aggregate, the sum of
one hundred and fifty -five thousand dollars, and may issue bonds
or notes therefor. Said bonds or notes shall be payable in not
more than ten years from their respective dates, and shall,
except as herein provided, be subject to the provisions of chapter
forty-four of the General Laws. The proceeds of loans issued
by the city shall be paid to the division of waterways and public
lands of the department of public works for expenses authorized
under section two, to the county treasurer to be applied to loans
authorized under section five and shall be applied to meet ex-
penditures authorized under section three.

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

Approved April 14, 1923.

Chap. 27 4 An Act authorizing the city of Worcester to incur in-
debtedness for water supply purposes.

City of

Worcester may
borrow money
for water
supply
purposes.

Be it enacted, etc., as follows:

Section 1. In order to defray the cost and expenses incident
to carrying out the purposes specified in chapter three hundred
and fifty-one of the acts of nineteen hundred and two, including
payments for lands, water and water rights taken or purchased,
as a means of further increasing its water supply, the city of
Worcester may borrow from time to time such sums as may be
necessary, not exceeding, 'in the aggregate, seven hundred and
fifty thousand dollars, in addition to amounts previously au-
thorized to be issued, and may issue bonds or notes therefor,

Acts, 1923. — Chap. 275. 253

which shall bear on their face the words, Worcester Water Loan, Worcester
Act of 1923. Each authorized issue shall constitute a separate Ac"t*o'f im'
loan, and such loans shall be payable in not more than twenty
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.

Section 2. The said city shall, at the time of authorizing Payment of
said loan or loans, 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 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 by the city and to make such payments on the principal
as may be required under the provisions of this act, shall, without
further vote, be assessed by the assessors of the city annually
thereafter, in the same manner as other taxes, until the debt
incurred by said loan or loans is extinguished.

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

Approved April I4, 1923.

An Act authokizing the town of Rutland to make an Chap. 27 5

ADDITIONAL WATER LOAN.

Be it enacted, etc., as follows:

Section 1. For the purpose of extending its water mains TP'^l^^l^^
and improving and enlarging its water distribution facilities, the make an addi-
town of Rutland may from time to time borrow such sums as [0°°^^'^''*^'""
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, Rutland Water Loan, Act of 1923. Each Rutland Water
authorized issue shall constitute a separate loan, and such loans 1923.'
shall be payable in not more than twenty 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.

Section 2. Said town shall, at the time of authorizing said ^an^e^tc*"^
loan or loans, 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 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 payments 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 extinguished.

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

Approved April I4, 1923.

for school
purposes

254 Acts, 1923. — Chaps. 276, 277, 278.

Chap.27Q An Act authorizing the town of wakefield to incur

INDEBTEDNESS FOR SCHOOL HOUSE PURPOSES AND VALI-
DATING A VOTE OF SAID TOWN PASSED AT ITS ANNUAL MEET-
ING.

Be it enacted, etc., as follows:

fie"dn°ay^^^'^' SECTION 1. For the purpose of constructing an addition to
borrow money the Greenwood school, the town of Wakefield may borrow from
time to time such sums as may be necessary, not exceeding, in
the aggregate, one hundred and ninety-six thousand seven hun-
dred dollars, of which amount one hundred thousand dollars
shall be in excess of the statutory limit, and may issue bonds or
Wakefield notcs thcrcfor, which shall bear on their face the words, Wake-

Act'of 1923"' field School Loan, Act of 1923. 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.
Vote passed at SECTION 2. The actiou of tlic inhabitants of the town of

annual meeting ■,,,,,,,,. , ... i i i i

validated. Wakeneld at its annual town meeting in nineteen hundred and

twenty-three, in voting to borrow one hundred and ninety-six
thousand seven hundred dollars to provide money to carry out
a vote of said town at said meeting appropriating said sum for
the construction of an addition to the Greenwood school, is
hereby ratified and confirmed, and shall have the same effect
and validity as if section one of this act had been enacted and
was in effect prior to said votes.

Section 3. This act shall take eff'ect upon its passage.

Approved April 14, 1923.

Chap. 217 An Act authorizing the city of boston to pay a sum of

money to the parents of JOHN JOSEPH KELLEY.

Be it enacted, etc., as follows:

City of Boston SECTION 1 . The city of Bostou may pay to John H. Kelley
of^mo^n^ey to™ and Mary Kelley, parents of John Joseph Kelley, a minor, upon
joslph^Klney" either or both of said parents being duly appointed by law
guardian of said minor, for the benefit of said John Joseph
Kelley, the unpaid balance of the total sum which it was au-
thorized to pay them by chapter five hundred and twenty-seven
of the acts of nineteen hundred and twenty-two.
To be sub- SECTION 2. This act shall take effect upon its acceptance by

TOuncii. etc'. ^ votc of the city council of said city, subject to the provisions of
Proviso. its charter; provided, that such acceptance occurs prior to

December thirty-first in the current year.

Approved April 14, 1923.

Chap.278 An Act requiring the installation of standpipes and

OTHER equipment IN CERTAIN BUILDINGS IN THE CITY OF
BOSTON.

Be it enacted, etc., as follows:
Definitions. SECTION I. In this act the following terms shall have the

following meanings :

Acts, 1923. — Chap. 278. 255

"Fire (lopartmcnt connection", connection near the base of a
huilding located not less than ten nor more than forty-two
inches above the sidewalk or ground, to which the fire depart-
ment hose may be attached.

"Fire department standard", the standard prescribed by the
fire commissioner of the city of Boston.

"Fire department standpipe", a standpipe of not less than
five inches internal diameter for buildings not exceeding ninety
feet in height, and not less than six inches internal diameter for
buildings of greater height.

"First aid standpipe", a standpipe of not less than two and
one half inches internal diameter.

Section 2. All buildings hereafter erected in the city of sUndptpeTand
Boston exceeding seventy feet in height and all existing buildings ^^^r equip-^.^
in said city hereafter so altered that the height thereof is in- buildings in
creased to over seventy feet shall be provided with such fire de- ''^ ^ °
partment standpipes, first aid standpipes, fire department con-
nections and other fire protection equipment as is hereinafter
provided. Each story of such a building shall be provided with
not less than one two and one half inch outlet fitted with a two
and one half inch gate valve with male end, all fire department
standard, located not higher than five feet three inches above the
floor; except that unless required by the building commissioner
of said city of Boston no two and one half inch outlet need be
installed on the ground floor. There shall further be provided
on each floor not less than one one and one quarter inch outlet
fitted with a one and one quarter inch gate valve, fifty feet of
standard one and one quarter inch hose with nozzle with one
half inch orifice attached ready for use, and a standard hose rack
or reel. Such valve shall be erected not higher than five feet
above the floor. Whenever required by said fire commissioner
a roof hydrant or monitor nozzle shall be installed, in which
event the standpipe upon said roof shall be not less than six
inches internal diameter. Said roof hydrant shall coilsist of
two two and one half inch outlets fitted with two and one half
inch gate valves with male end, all fire department standard,
and not less than fifty feet of standard two and one half inch
hose and play pipe properly stored and accessible for use. ^^^^ depart-

Fire department standpipes shall be located so as to afford mentstnui-
protection against exterior hazard, as well as protection to the Slfraber,*'etc.
building in which they are placed, and where practicable shall
be erected within stair enclosures. The number of fire depart-
ment standpipes in each building shall be such that all portions
of each story of the building may be reached by an effective
stream from a standard nozzle installed and attached to hose
not exceeding one hundred feet in length, and shall be primarily
for the use of the fire department.

First aid standpipes shall be of such number that all portions pipls^number,'
of each story of the building may be reached effectively by a •'*''•
stream from a standard nozzle installed and attached to hose
not exceeding fifty feet in length. When in the judgment of the
said building commissioner the foregoing requirements as to first
aid standpipes are impracticable, separate first aid outlets at

256

Acts, 1923. — Chap. 279.

Standpipe
system to
connect with
city water
main, etc.

Fire depart-
ment connec-
tions.

Standpipes to
be subjected
to hydrostatic
test, etc.

Hose to be
tested, etc.

Shutting off
water from
standpipes
during certain
months, etc.

Proviso.

To be sub-
mitted to city
council, etc.

Proviso.

each story may be taken from fire department standpipes and
the requirements for first aid standpipes may be so modified by
said commissioner. First aid standpipes shall be primarily for
use by the occupants of the building. Each standpipe system
shall connect with the city water main through one four-inch
branch provided exclusively for that purpose. Supplies shall be
taken from high service when such is available. A flow test pipe
of not less than two inches internal diameter shall be provided
on each system. Every building subject to this act shall be
provided with suitable fire department connections. When a
system is composed of more than one standpipe, cross-connec-
tions shall be made so that supply through fire department
connections will reach all portions of the system; except that
when standpipes are widely separated, precluding the proba-
bility of mistake by the fire department, the system may be
divided.

All standpipes installed under the provisions of this act shall
be subjected to a hydrostatic test of two hundred and fifty
pounds and shall be satisfactory to the said building commis-
sioner.

All hose shall be tested in the presence of an inspector from
the building department at least once a year, and all defective
hose shall be replaced without delay.

When in the judgment of the said fire commissioner it is im-
practicable to protect standpipes from freezing, he may at his
discretion allow water to be shut off from said standpipes from
the first day of November in any year until the first day of April
next following; provided, however, that a controlling valve is
located, arranged, and supervised in a manner satisfactory to
said commissioner.

Section 3. This act shall take effect upon its acceptance by
vote of the city council of the city of Boston subject to the pro-
visions of its charter; provided that such acceptance occurs
prior to December thirty-first in the current year.

Approved April 14, 1923.

Chap. 279 An Act authorizing the home savings bank in the city

OF BOSTON TO INVEST AN ADDITIONAL SUM OF MONEY IN
REAL ESTATE FOR BANKING PURPOSES.

Be it enacted, etc., as follows:

The Home Savings Bank, in the city of Boston, incorporated
by chapter eighty-two of the acts of eighteen hundred and sixty-
nine, may, subject to the approval of the commissioner of banks,
invest in the purchase of a suitable site in said city and the
erection and preparation of a suitable building thereon to be
used in whole or in part for the convenient transaction of its
business an amount not exceeding one million five hundred and
fifty thousand dollars, in addition to the amount heretofore au-
thorized by law to be invested for the aforesaid purposes; pro-
vided, however, that nothing contained herein shall be construed
as authorizing a total investment by said bank for the aforesaid
purposes exceeding in the aggregate the sum of one million seven
hundred and fifty thousand dollars. Approved April 14, 1923.

Home Savings
Bank, in city
of Boston, may
invest addi-
tional sum of
money in real
estate for
banking
purposes.

Proviso.

Acts, 1923. —Chaps. 280, 281, 282. 257

Ax A( T PENALIZING CERTAIN ASSAULTS RESULTING IN SERIOUS (Jfiap,2S0
OR PERMANENT PHYSICAL INJURY.

Be it enacted, etc., a~s fulloics:

Section fourteen of chapter two hundred and sixty-five of the G. L 265, § u,
General La^vs is hereby amended by inserting after the word
"crime" in the fifth Hue tiie following: — , or whoever, with
intent to maim or disfigure, assaults another 'person with a
dangerous weapon, substance or chemical, and by such assault
disfigures, cripples or inflicts serious or permanent physical
injury upon such person, and whoever is privy to such intent,
or is present and aids in the commission of such crime, — so as
to read as follows : — Section 14. Whoever, with malicious intent Penalty for

^• n • 1 J. J. mayhem.

to mami or disfigure, cuts out or mauns the tongue, puts out or

destroys an eye, cuts or tears off an ear, cuts, slits or mutilates

the nose or lip, or cuts off or disables a limb or member, of

another person, and whoever is privy to such intent, or is present

and aids in the commission of such crime, or whoever, with p®"^!^^^,"^^!^^

intent to maim or disfigure, assaults another person with a resuitingin

dangerous weapon, substance or chemical, and by such assault p^y^'^nent

disfigures, cripples or inflicts serious or permanent physical physical injury.

injury upon such person, and whoever is privy to such intent,

or is present and aids in the commission of such crime, shall be

punished by imprisonment in the state prison for not more than

twent}^ years or by a fine of not more than one thousand dollars

and imprisonment in jail for not more than two and one half

3'ears. Approved April 14, 1923.

An Act relative to a proposed tuberculosis hospital QJiq^^ 281
in middlesex county.

Be it enacted, etc., as follows:

As provided by section eighty-two of chapter one hundred and fj^^l^^'l^j^.
eleven of the General Laws, as amended by section one of chapter missioners may
three hundred and ninety-three of the acts of nineteen hundred on^cco^^oT
and twenty-two and section one of chapter one hundred and expenses in
thirteen of the acts of nineteen hundred and twenty-three, and proposed tuber-
in accordance with the provisions thereof, the Middlesex county p^^af^'etl;"^'
commissioners may borrow on the credit of the county of Middle-
sex, sums not exceeding, in the aggregate, five thousand dollars,
on account of expenses in connection with the proposed tuber-
culosis hospital for said county. Said sums may be applied by
said commissioners in meeting expenses of interest on loans
already made and for all other purposes described in said section
eighty-two, amended as aforesaid. Approved April 14, 1923.

An Act relative to quannapowitt parkway. Chap. 2S2

Be it enacted, etc., as follows:

The time within which the metropolitan district commission Time within
may complete the expenditure of the amount authorized by poii?an"di*str^ct
chapter six hundred and ninety-nine of the acts of nineteen hun- commission

258

Acts, 1923. — Chaps. 283, 284.

may complete clred and twclvc for a parkway or boulevard around Lake

for^olianna- Quanuapowltt in the town of Wakefield is hereby extended to

fn Wakefieid^^^ include the year nineteen hundred and twenty-five,
extended. Approved April I4, 1923.

Chap. 2S3 An Act relative to uncollected taxes.

Be it enacted, etc., as follows:

G. L. 58, § 8,
etc., amended.

Proceedings
against certain
delinquent tax
collectors.

Abatement of

uncollected

taxes.

Section eight of chapter fifty-eight of the General Laws, as
amended by chapter thirty-four of the acts of nineteen hundred
and twenty-two, is hereby further amended by striking out, in
the second and seventeenth lines, the word " three" and inserting
in place thereof in each instance the word: — two, — and by
striking out, in the fifth line, the words "one year" and inserting
in place thereof the words: — three months, — so as to read as
follows : — Section 8. Whenever it appears to the commissioner
that at the end of two years from the commitment of any warrant
to a collector any taxes upon such warrant remain uncollected,
or if collected have not been turned over to the town treasurer,
the commissioner shall within three months 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 court 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 prosecuted; 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 be abated, he may at any time after the expiration of
said two years authorize the assessors, in writing, to abate any
part or the whole of such taxes, either by items or by abatement
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 April I4, 1923.

Chav 284 -^^ ^^'^ relative to the retirement allowances of

SCHOOL janitors IN THE CITY OF BOSTON.

1922, 521. §30,
amended.

Retirement
allowances of
school janitors
in city of
Boston.

Be it enacted, etc., as follows:

Section 1. Section thirty of chapter five hundred and
twenty-one of the acts of nineteen hundred and twentj'-two is
hereby amended by inserting after the word "determine" in the
second line the words : — , for the purposes of this act and all
other retirement acts applicable to school janitors in the city
of Boston, — so as to read as follows : — Section 30. The school
committee of the city of Boston shall determine, for the purposes
of this act and all other retirement acts applicable to school
janitors in the city of Boston, the regular compensation paid
school janitors. Such regular compensation shall be such part

Acts, 1923. — Chaps. 285, 286. 259

or the whole of the amount paid a school janitor by the city of
Boston inider the method now used in determining the cost of
janitors' services in tiie pubhc school buildings as is retained by
a janitor for his own services as fixed by the school committee.
Section 2. This act shall take effect upon its passage.

Approved April 16, 1923.

An Act prohibiting the peddling of coal or coke without (Jhnj) 285

A LICENSE. ^'

Be it enacted, etc., a^ folio ws:

Section seventeen of chapter one hundred and one of the Gen- G. L. loi, § 17,
eral Laws is hereb}' amended by inserting after the word "fuel" '^'"®"'^®^-
in the second line the words : — except coal and coke, — so as to
read as follows: — Section 17. Hawkers and pedlers may sell Selling of
without a license books, newspapers, pamphlets, fuel except coal by hawkers
and coke, provisions, yeast, ice, live animals, brooms, agricultural penrntfed"
implements, hand tools used in making boots and shoes, gas or without a
electric fixtures and appliances, flowering plants and all flowers, cept, etc. "
fruits, nuts and berries that are uncultivated. The aldermen or
selectmen may by regulations, not inconsistent with this chapter,
regulate the sale or barter, and the carr^dng for sale or barter or
exposing therefor, by hawkers and pedlers, of said articles without
the payment of any fee; may in like manner require hawkers
and pedlers of fish, fruit and vegetables to be licensed except as
otherwise provided, and may make regulations governing the
same, provided that the license fee does not exceed that pre- Proviso,
scribed by section twenty-two for a license embracing the same
territorial limits; and may in like manner affix penalties for
violations of such regulations not to exceed the sum of twenty
dollars for each such violation. A hawker and pedler of fish,
fruit and vegetables licensed under this section need not be
licensed under section twenty-two. Approved April 16, 1923.

Chap.2S6

An Act to authorize the mutual benefit society "of holy
mary of carmine of wakefield, mass., incorporated, to

hold REAL AND PERSONAL PROPERTY.

Be it enacted, etc., as follows:

The corporation known as the Mutual Benefit Society of Holy Mutual Benefit
Mary of Carmine of Wakefield, Mass., Incorporated, situated Mar? of Ca?°'''
in the town of Wakefield and incorporated under general law, gyiTMa^^*^^'
is hereby authorized to acquire by purchase, gift, grant, devise incorporated,
or bequest, and to hold, manage, mortgage, lease and otherwise and^p^e^ionaf'
dispose of, real or personal estate, to an amount not exceeding property, etc.
twenty-five thousand dollars. All of said property .and the
income derived therefrom shall be used for the purposes of the
said society as set forth in its charter or certificate of incorpora-
tion. Approved April 16, 1923,

260

Acts, 1923. — Chap. 287.

G. L. 62, §1,
amended.

Income taxes
on interest
from certain
loans.

G. L. 62, § 5.
subsect. (6),
amended.

Tax on income
from profes-
sions, business,
etc.

Chap. 287 An Act relative to income taxes on interest from

CERTAIN LOANS, AND TO INTEREST ON INCOME TAXES AND
TO THE ABATEMENT OF SUCH TAXES.

Be it enacted, etc., as follows:

Section 1. Section one of chapter sixty-two of the General
Laws is hereby amended by striking out, in the twenty-sixth,
twenty-seventh and twenty-eighth Hnes, the words "loaning
money as a business upon the pawn or pledge of tangible personal
property " and inserting in place thereof the words : — subject to
the provisions of sections seventy to eighty-five, inclusive, of
chapter one hundred and forty, — so that clause Fourth of sub-
section (fl) will read as follows : — Fourth, Loans made in the
course of business by persons subject to the provisions of sections
seventy to eighty-five, inclusive, of chapter one hundred and
forty.

Section 2. Subsection (b) of section five of said chapter
sixty-two is hereby amended by striking out, in the tenth and
eleventh lines of said subsection, the words "loaning money as
a business upon the pawn or pledge of tangible personal prop-
erty" and inserting in place thereof the words: — subject to the
provisions of sections seventy to eighty-five, inclusive, of chapter
one hundred and forty, — so as to read as follows: — (b) The
excess over two thousand dollars of the income, as defined in
section six, derived from professions, employments, trade or
business shall be taxed at the rate of one and one half per cent
per annum. In determining such income the rental value of
living quarters furnished any individual as part of his compen-
sation shall be included. The wages and salaries of employees
and officers of the United States government shall not be taxed.
Retirement allowances, however described, from the common-
wealth or any county, city, town or district thereof, or from any
person, if not exempt by law, and interest received in the course
of business by persons subject to the provisions of sections
seventy to eighty-five, inclusive, of chapter one hundred and
forty, shall be taxed under this subsection.

Section 3. Section forty -one of said chapter sixty-two is
hereby amended by striking out, in the first and second lines,
the words "is not paid within fifteen" and inserting in place
thereof the words : — remains unpaid after the expiration of
fourteen, — so as to read as follows : — Section 41- If a tax
assessed under this chapter remains unpaid after the expiration
of fourteen days from the date when due, interest at the rate of
six per cent per annum from the due date shall be added to and
become part of the tax. The commissioner, and the income tax
assessors in their respective districts, shall have for the collection
of taxes assessed under this chapter all the remedies provided by
chapter sixty for the collection of taxes on personal estate by
collectors of taxes of towns, and shall be allowed charges and
fees as therein provided. Any action of contract brought to
recover any such tax shall be brought in the name of the com-
monwealth.

G. L. 62, § 41,
amended.

Collection of
income taxes,
addition of
interest to tax,
when, etc.

Remedies for
collection.

Acts, 1923. —Chap. 288. 261

Sectiox 4. Section forty-seven of said chapter sixty-two, as g. l. 62, § 47,
amended by section one of chapter one hundred and thirteen of '^'''•' '*'"<'"'^'''*-
the acts of nineteen hundred and twenty-one, is hereby further
amended by striking out, in the eleventh hne the word "thirty"
and inserting in place thereof the word: — ten, — so as to read
as follows: — Section Ifl . Any person aggrieved by the refusal Appeal upon
of the commissioner to abate in whole or in part under section commissioner
forty-three a tax assessed under this chapter, and who has paid andTaxaTion'to
his tax, may, instead of pursuing the remed}^ provided in section abate income
forty-five, appeal from such refusal by filing a complaint against
the commissioner in the superior court for the county where
such person resides or has his principal place of business, or, if
such person claims a domicile without the commonwealth, by
filing a complaint against the commissioner in the superior court
for any county, within ten days after the notice by the commis-
sioner of his decision in accordance with section forty-three.
An order of notice shall be issued by said court and served on
the commissioner within such time as the court directs, and
subsequent proceedings shall be conducted in accordance with
sections sixty-five to sixty-eight, inclusive, of chapter fifty-nine.
If an abatement is granted, the amount thereof shall be repaid ^"atement by
to the complainant by the state treasurer, with interest at the state treasurer.
rate of six per cent per annum from the time when the tax was
paid, and costs. Approved April 16, 1923.

An Act relative to forest and certain other lands under Qfmj) 288

THE supervision OF THE DEPARTMENT OF CONSERVATION.

Be it enacted, etc., as follows:

Section 1. Chapter one hundred and thirty-two of the g. l. 132, §30,
General Laws, as amended in section thirty by chapter one hun- ^ '^ ' ^'"®"' ^
dred and eighty-five of the acts of nineteen hundred and twenty-
two, is hereby further amended by striking out said section and
inserting in place thereof the following: — Section 30. The com- Commissioner
missioner, with the approval of the advisory council of the de- may acq^uh^e,°"
partment of conservation, may acquire for the commonwealth, take, etc., land
by purchase or otherwise, and hold, or, with the approval of the timber^cu°tiva-
governor and council, may take in fee by eminent domain under observation
chapter seventy -nine, any woodland or land suitable for timber towers, etc.
cultivation within the commonwealth or any land necessary for
the erection and operation of forest fire observation towers.
The average cost of land so purchased shall not exceed five dol-
lars an acre.

Section 2. Section thirty-three of said chapter one hundred ll^ '^'aminled^'
and thirty-two, as amended by chapter two hundred and thirty-
eight of the acts of nineteen hundred and twenty-one, is hereby
further amended by inserting after the word "or" in the second
line the words: — , with the approval of the governor and council,
— and by inserting after the word "domain" in the same line
the words: — under chapter seventy-nine, — so as to read as
follows : — Section 33. In addition to lands acquired under sec- Commissioner
tion thirty the commissioner may purchase or, with the approval ma^'y p^ur^hase"
of the governor and council, take by eminent domain under t^^^e, etc.,

262

Acts, 1923. — Chap. 288.

additional
lands for state
forests.

Reclamation
by state
forester, etc.

G. L. 132, new-
section after
§34.

Commissioner
of conservation
may sell, etc.,
certain land,
etc.

May grant
rights of way
for public
highways, etc.

May grant
locations for
certain public
utilities, etc.

Proviso.

Department of
public utilities
may alter, etc.,
locations, etc.

Provisos.

Copies of
grants of
locations, etc.,
to be filed, etc.

chapter seventy-nine and hold for .state forests lands within the
commonwealth suitable for the production of timber to the ex-
tent of not more than one hundred thousand acres. The land
shall be purchased before August fifth, nineteen hundred and
thirty-five, at a rate not exceeding an average cost of five dollars
per acre or at such price as the general court may from time to
time determine. The forester shall reclaim the said lands by re-
planting or otherwise in order to produce timber and to protect
the water supply of the commonwealth. The forester may em-
ploy temporarily such persons as foresters, assistant foresters,
engineers, surveyors, forest fire observers and foremen as he
deems necessary to assist him in carrying out his duties under
this section, and the employment of such persons shall not be
subject to chapter thirty-one.

Section 3. Said chapter one hundred and thirty-two is
hereby further amended by inserting after section thirty-four the
following new section: — Section 34A. The commissioner, with
the approval of the governor and council, and after a public
hearing, may sell or exchange any land acquired by the com-
monwealth under section ten, thirty or thirty-three, or under
chapter three hundred and forty-four of the acts of nineteen
hundred and twenty-one, and may in like manner grant rights
of way for public highways over any such land, if in his judg-
ment such sale, exchange or grant is advantageous to the com-
monwealth, and may execute such deeds of conveyance or other
papers as ma^^ be necessary; and the commissioner may also
grant over or across any such lands such locations as shall be
found by order of the department of public utilities after public
hearing to be required by public necessity or convenience for
telephone, telegraph or electric light or power transmission lines,
and as in his judgment are necessary and will serve the public
interest, and may execute such papers as may be necessary;
provided, that no sale or exchange of any land or interest therein
acquired by the commonwealth under said section ten or grant
either of right of way or location over or across the same shall
be made prior to the expiration of the option of repurchase given
by said section, unless the holder of the option joins in the sale,
exchange or grant.

At the request of the commissioner, and after public hearing,
the department of public utilities may by order alter or revoke
any such location whenever in its opinion the public interest or
the rights of the commonwealth so require; provided, that before
so doing notice of said hearing shall be given to the grantee of
the location and all persons interested, and provided, further,
that the grantee or any person interested in such order may
appeal therefrom to the governor and council within fourteen
days after the filing of a copy of such order as provided in the
following paragraph.

The commissioner within fourteen days after granting any
such location shall file a copy of the grant of the same, together
with a copy of the order of the department of public utilities
that the location is required by public necessity or convenience,
in the office of the clerk of the town where the location is granted,

Acts, 1923. — (^iiaps. 289, 290. 263

and the department of public utilities shall file in the oflice of
said clerk any order altering or revokinj^- such location, and the
clerk of such town shall recei\e and record the same.

Approved April 17, 1923.

An Act authorizing the city of boston to incur indebted- CJiap289

NESS FOR THE PURCHASE OF A SITE AND THE ERECTION OF
POLICE HEADQUARTERS.

Be it enacted, etc., as follows:

Section 1. For the purpose of acquiring land in the city of ^^^^ ^0^^°^,*°"
Boston and erecting a police headciuarters thereon, said city money for
may borrow from time to time such sums as may be necessary, quarfer"!'' '
not exceeding, in the aggregate, one million dollars, and may
issue bonds or notes therefor, which shall bear on their face the
words, Police Headquarters Loan, Act of 1923. Each authorized P°!,V't^,^"i"^!:„.
issue shall constitute a separate loan, and such loans shall be Act of 1923.
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 subject
to the laws relative to the incurring of debt by the city of Boston
and the issuing of securities evidencing the same.

Section 2. This act shall take effect upon its acceptance by To be ?ub-
vote of the city council of the city of Boston, subject to the pro- councu, etc. ^
visions of its charter; provided, that such acceptance occurs Proviso.
prior to December thirty-first in the current year.

Approved April 17, 1923.

An Act relative to the corporate purposes of certain Chap.2^{)
electric companies.

Whereas, The deferred operation of this act would defeat its Emergency
purpose to make immediate provision for the cheapening of the p""®^"^
cost of electricity to the producers and users thereof, 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. Section six of chapter one hundred and sixty- g. l. i64. § 6
four of the General Laws, as amended by section one of chapter '^ ^" '""^
three hundred and fifty -four of the acts of nineteen hundred and
twenty-two, is hereby further amended by adding at the end
thereof the following : — (/) In case of a corporation organized ^Jog]"tfon of
for the purposes set forth in section nine A, the statement de- certain electric

• 11. .J ,. companies.

scribed in said section.

Section 2. Said chapter one hundred and sixtj^-four is g. l. 164. new
hereby amended by inserting after section nine the following |®°*'°" ^
new section: — Section 9 A. An electric company may, in its Corporate
agreement of association or, in case of a company already cJrtain'eiectric
organized, at any time and from time to time, by vote of two companies.
thirds in amount of all its stocldiolders at a meeting duly called
for the purpose, state that it is organized for, or that thereafter

264

Acts, 1923. —Chap. 291.

Proviso.

Stock, bonds,
etc., of certain
electric com-
panies, acqui."i-
tion, etc., by
certain corpora-
tions, etc.

G. L. 63, § 55,
amended.

Valuation of

corporate

franchises,

certain

deductions.

G. L. 181, § 10.
not affected.

its corporate purpose shall be, the generating and buying of
electricity and the transmitting and selling of the same to two
or more corporations specified in said agreement or vote as en-
gaged in the electric light or electric power business, or both, in
this commonwealth or adjoining states, including other purposes
incidental thereto. Upon the approval of said statement by the
department, such company shall be limited, in respect to its
rights and obligations to transmit and sell electricity, to the
transmission and sale thereof to the corporations specified as
aforesaid upon such terms as the department shall approve;
provided, that such corporations become stockholders in said
company as hereinafter provided. With the consent of the de-
partment and to such extent and upon such terms as it may ap-
prove, any corporation specified as aforesaid may subscribe for,
acquire, own and dispose of stock, bonds or other securities of
such electric company, and may, with the consent of the depart-
ment and upon such terms as it may prescribe, and in com-
pliance with all provisions of law relative thereto, issue and sell
its own stock, bonds or other securities to obtain the capital
necessary to acquire the same.

Section 3. Section fifty-five of chapter sixty-three of the
General Laws is hereby amended by inserting after the word
"situated" in the thirty -third line the following new clause: —
Sixth. In case of corporations owning stock of an electric com-
pany under section nine A of chapter one hundred and sixty-
four as thereto authorized b^^ the department of public utilities,
the deduction mentioned in paragraph Fifth above and the fair
cash value, as found by the commissioner, of the stock of such
electric companies so owned.

Section 4. Nothing in this act shall in any way affect the
provisions of section ten of chapter one hundred and eighty-one
of the General Laws. Approved April 18, 1923.

Chap. 291 An Act dispensing with bonds in connection with third

CLASS LICENSES TO REGISTERED DRUGGISTS.

Emergency
preamble.

Whereas, It is necessary that this act take effect prior to the
first day of May of the current year if it is to become operative
before the year nineteen hundred and twenty-four, 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 forty-three of chapter one hundred and thirty-eight of
the General Laws is hereby amended by inserting after the word
"received" in the third line the words: — , except as to third
class licenses, — so as to read as follows : — Section 43. A
license shall not be issued until the license fee has been paid to
not to iae Lssued the treasurer of the city or town by which it is to be issued, nor
of"feeTnd'"*^"^ uutil he has received, except as to third class licenses, a satis-
bond^Vxce t factory bond, payable to him as such treasurer, in the sum of
etc. ' ' five hundred dollars, signed by the licensee and sufficient surety

G. L. 138, § 43,
amended.

Licenses to sell,
etc., certain
liquors, etc

Acts, 1923. —Chap. 292. 265

or sureties, who shall be jointly and severally liable, and con-
ditioned for the payment of all costs, damages and fines which
may be incurred by a violation of the provisions of this chapter.
Separate actions may be brought on such bond by any person
at his own expense. Such bond, after approval, shall be filed in
the office of the city or town clerk, and a certified copy thereof
shall be admissible in evidence. No such bond shall be accepted Sureties to

, ., , , , 1 1 •! 1 i make statement

or approved until each surety has made and subscribed a state- under oath,
ment under oath that he is worth not less than one thousand ®*'''
dollars over and above all liabilities and indebtedness, and the
statement so made shall designate sufficient property, real or
personal, to cover the requirement of the bond and shall be
kept on file with the bond. The bond may be in the following
form :

KNOW ALL MEN BY THESE PRESENTS, that Form of bond
we, A. B., of , as principal, and C. D. and E. F. of

, as sureties, are held and firmly bound unto the
treasurer of the city (or towTi) of , in the sum of

five hundred dollars, to which payment well and truly to be
made we bind ourselves and our legal representatives.

Sealed with our seals this day of ,

A.D. 19

The condition of this obligation is such, that whereas the
above bounden A. B. has this day been licensed by license No.
, by the aldermen (board of police or licensing
board) of the city of (or the selectmen of the town of) ,

in the county of , now if the said A. B. shall well and

truly comply with all the provisions of law, then this bond shall
be void; but otherw^ise in force.

Executed in presence of

Approved April 18, 1923.

An Act authorizing the city of woburn to borrow Chav 292

MONEY FOR SCHOOL PURPOSES.

Be it enacted, etc., as follows:

Section 1. For the purpose of remodeling the Plympton City of
street school building in the city of Woburn and purchasing bo°row"nioney
equipment and furnishings therefor, said city may borrow from for school
time to time such sum.s as may be necessar\', not exceeding, in
the aggregate, twenty thousand dollars, and may issue bonds or
notes therefor, which shall bear on their face the words, Woburn Wobum School
School Loan, Act of 1923. Each authorized issue shall constitute {g'ig"' '^"^ °^
a separate loan, and such loans shall be payable in not more
than ten years from their dates. Indebtedness incurred under
this act shall be outside 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 18, 1923.

266

Acts, 1923. — Chaps. 293, 294.

C/lO/J. 293 ^^^ "^^^"^ AUTHORIZING THE TOWN OF BILLERICA TO MAKE AN

ADDITIONAL WATER LOAN.

Be it enacted, etc., as follotcs:

Section 1. For the purpose of extending its water mains
and improving its water storage, piping and distributing system,
the town of Billerica may from time to time borrow such sums
as may be necessary, not exceeding, in the aggregate, fifty thou-
sand dollars, and may issue bonds or notes therefor, which shall
bear on their face the words, Billerica Water Loan, Act of 1923.
Each authorized issue shall constitute a separate loan, and such
loans shall be payable in not more than twenty 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.

Section 2. Said town shall, at the time of authorizing said
loan or loans, provide for the payment thereof in accordance
with section one ; and when a vote to that eif ect has been passed,
a sum which, with the income derived from water rates, will be
sufficient to pa}' 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 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 extinguished.

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

Approved April 18, 1923.

Town of
Billerica may
make an
additional
water loan.

Billerica Water
Loan, Act of
1923.

Payment of
loan, etc.

Chap. 294: An Act authorizing domestic corporations, voluntary

ASSOCIATIONS AND PARTNERSHIPS TO BECOME LIMITED MEM-
BERS OF CREDIT UNIONS.

Be it enacted, etc., as follows:

Section L Chapter one hundred and seventy-one of the
General Laws is hereby amended by inserting after section four
the following new section: — Secfioji 4A. A corporation, volun-
tary association or partnership having a usual place of business
within the commonwealth may be a member of a credit union,
but the credit union shall make no loans to such members nor
shall it receive from such members money in payment for shares
or on deposit to such an amount that the total of such payments
by all members of the class described in this section shall exceed
twenty-five per cent of the assets of the credit union.

Section 2. Section five of said chapter one hundred and
se\'enty-one is hereby amended by inserting after the word
"authorize" in the fifth line the following new sentence: — Any
transactions of a credit union under the foregoing provisions
shall be subject to section four A, — so as to read as follows : —
deposfts and Section 5. A credit union may receive the savings of its members
loans by credit in pavmcnt for sliarcs or on deposit; mav lend to its members

unions. 1 ^

G. L. 171, new
section after
§4.

Corporations,
voluntary
associations and
partnerships
may be limited
members of
credit unions.

G. L. 171, § 5,
amended.

Acts, 1923. — Chap. 295. 267

at reasonable rates, or invest, as hereinafter provided, the funds
so aecunudated; and may undertake such otlier activities re-
lating to tlie purpose of the association as its by-hiws may au-
thorize. Any transactions of a credit union under the foregoing
provisions shall be subject to section four A. Section forty-eight
of chapter one hundred and seventy shall not apply to credit
unions.

Section 3. Section six of said chapter one hundred and an,Jnaed.' ^ "'
seventy-one is hereby amended by adding at the end thereof the
following: — The by-laws of the credit union shall make proper By-iawsof
provision relative to the qualifications necessary for membership
of members described in section four A, to the representation of
such members on its board of directors and committees, to the
eligibility of their officers or members to serve as officers of the
credit union and to the voting rights of the members described
as aforesaid.

Section 4. Section seventeen of said chapter one hundred etc.!'amlnded.'
and seventy-one, as amended by section five of chapter one hun-
dred and forty -seven of the acts of nineteen hundred and twenty-
two, is hereby further amended by inserting after the word
"invested" in the second line the words: — , subject to section
four A, — so as to read as follows: — Section 17. The capital, f\\\Tds!erc'!!o/
deposits and surplus funds of a credit union shall be invested, credit unions.
subject to section four A, in loans to members, with the approval
of the credit committee as provided in the following section;
and any capital, deposits 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 common-
wealth, or, with the approval of the commissioner, may be de-
posited in other credit unions or may be invested in the shares
of other credit unions or co-operative banks incorporated in the
commonwealth; provided, that the total amount invested in Proviso.
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 than twenty per cent in co-opera-
tive bank shares. Investments, other than loans, shall be made
only with the approval of the board of directors.

♦ Approved April IS, 1923.

An Act to consolidate the somerville horse railroad (JJkjj) 295
company and the boston elevated railway company.

Be it enacted, etc., as folloivs:

Section 1. The Somerville Horse Railroad Company, in- Somerviiie

corporated under the provisions of chapter two hundred and Company"^"^

fifty of the acts of eighteen hundred and fifty-seven, all of the ^i^Boston

stock of which is now owned by the Boston Elevated Railway Elevated Rail-
way Company.

268

Acts, 1923. — Chap. 296.

Company, is hereby merged into and consolidated with the
Boston Elevated Railway Company, which company shall have
all the property, rights, powers, privileges and franchises and
shall assume and pay all the debts and liabilities of said Somer-
ville Horse Railroad Company.

Section 2. The Boston Elevated Railway Company may,

subject to the approval of the department of public utilities,

^kiHionai stock issuc additional stock or bonds or both to an amount equal to

or bonds, etc. ^]^g value of the property of the Somer\ille Horse Railroad

Company.

Section 3. This act shall not take effect until accepted by
the Boston Elevated Railway Company by vote of its board of
directors and by the Somerville Horse Railroad Company by
unanimous vote of all of its stockliolders and until certificates
evidencing such action shall have been filed with the secretary of
the commonwealth. Approved April 18, 1923.

Boston

Elevated Rail-
way Company

When to take
effect.

CAa2).296 ^^ ^^t authorizing cities and towns to contribute

TOWARD THE COST OF STREET RAILWAY SERVICE THEREIN.

G. L. 161, new
section after
§ IbO.

Cities and
towns may
contribute
toward cost of
street railway
service therein.

Proviso.

Department of
public utilities
to determine
questions as to
character of
service, when,
etc.

Raising of
money by
taxation, etc.
Not applicable
to Boston
Elevated Rail-
way Company.

Be it enacted, etc., as follows:

Chapter one hundred and sixty-one of the General Laws is
hereby amended by adding at the end thereof the following new
section: — Section 161. Any city, except Boston, by vote of its
city council, and any town by majority vote of the voters thereof
present and voting thereon at a town meeting, may, from time
to time, for the purpose of avoiding a reduction or discontinuance
of service, enter into an agreement with a street railway com-
pany operating a street railway therein to pay any part or all
of any excess of the cost of the service on the lines of the com-
pany operated in such city or town above the amount of the
receipts from such lines arising from the rates and fares in effect
thereon during the period covered by any such agreement; pro-
vided, that no contribution under said agreement shall in any
year exceed in such a city the sum of one dollar, or in such a town
the sum of two dollars, for each one thousand dollars of the
assessed valuation of the year preceding the date of such agree-
ment, and in no event shall it exceed one thousand dollars in
any year unless the payment of any such excess is first approved
by the department. The department shall, upon application of
any city or town agreeing as aforesaid, determine any question
relating to the character or extent of the service rendered or
facilities furnished in such city or town in pursuance of said
agreement, in the event of differences arising between the street
railway company and such city or town in relation thereto. Any
such city or town may raise by taxation such amounts as may
be necessary to carry out the pro\'isions of this section. This
section shall not apply to the Boston Elevated Railway Com-
pany. Approved April 18, 1923.

Acts, 1923. — Chap. 297. 269

An Act kki.ativk to tiik investments of insurance com- (JJifin 297

PANIES.

Be it enacted, etc., fw follows:

Section 1. Chapter one hundred and seventy-five of the g. l. 175, § 63,
General Laws, as amended in section sixty-three by section three ''"' • s^'^ended.
of chapter two hundred and fifteen of the acts of nineteen hun-
dred and twenty-one, is hereby further amended by striking out
said section sixty-three and inserting in place thereof the fol-
lowing:— Section 63. The capital stock shall be paid in cash Payment of
within twelve months after the date of the charter or certificate suran''ce°/om"-
of organization, but no certificates of full shares and no policies panies.
shall be issued until the whole capital is paid in. A majority of
the directors shall certify on oath that the money has been paid
by the stockliolders for their respective shares, and that the
same is held as the capital of the company, invested and to be
invested as required by this section.

The capital of any domestic company, other than life, and investment of
three fourths of the reserve of any domestic stock or mutual life reJe'rve of
companv, shall be invested only as follows: — insurance

T "1 11-p 1 ciTT-1-1 T~v • p Companies.

1. In the public funds or the United States or District 01 in public funds
Columbia, or of any state of the United States. ^ V"'*^t

2. (a) In the legally authorized bonds or notes of any county, j„ ^o^ds or
city, town, school or water district in the commonwealth. notes of

(6) In the bonds or notes of any county, city, school or water municipalities,
district, or other political subdivision, located in any other state ''*"■
in the United States, and having a population, according to the
last national or state census preceding the date of such invest-
ment, of more than one hundred thousand inhabitants, provided Proviso.
that such notes or bonds are legally authorized and are a direct
obligation of the county, city, school or water district or political
subdivision issuing the same.

(c) In the bonds or notes of any county, city, town, school or
water district, or other political subdivision, located in any other
state of the United States and having an indebtedness, after de-
ducting the amount of its water debt and securities in the sinldng
funds available for payment of its bonds, not in excess of five per
cent of the valuation of property therein as assessed for taxation
next preceding the date of such investment, provided that such Proviso.
bonds or notes are legally authorized and are a direct obligation
of the county, city, town, school or water district or other political
subdivision issuing the same.

3. In securities of the same classes as those described in para- in certain
graph one and clauses (6) and (c) of paragraph two, and subject i^s^ued by
to the limitations therein expressed, issued by the Dominion of Dominion of
Canada or any province thereof, or by any municipality or ^"* ^' ^ "'
political subdivision thereof.

4. In the bonds or notes of any railroad or street railway cor- in bonds or
poration incorporated or located wholly or in part in the com- JSiroa°ds*'and'°
monwealth, or in the mortgage bonds of any railroad corporation street railways.
located wholly or in part in any state of the United States whose

270

Acts, 1923. —Chap. 297.

In mortgage
bonds of
certain rail-
roads.

In notes of
railroad equip-
ment trust,
etc.
Proviso.

In mortgage
loans on real
estate.

Proviso.

In real prop-
erty requisite
for transaction
of company's
business.
In bonds of
American
Telephone and
Telegraph
Company, etc.

capital stock equals at least one third of its funded indebtedness,
which has paid regularly for the five years next preceding the
date of such investment all interest charges on said funded in-
debtedness, and which has paid regularly for such period divi-
dends of at least four per cent per annum upon all its issues of
capital stock, or in the mortgage bonds of any railroad, railway
or terminal corporation which have been, both as to principal
and interest, assumed or guaranteed by any such railroad or
railway corporation.

5. In the mortgage bonds of any railroad corporation located
wholly or in part in any state of the United States whose liens
junior to such mortgage bonds equal at least one third of the
funded indebtedness secured by such mortgage bonds and bonds
prior thereto which has paid regularly for the five years next pre-
ceding the date of such investment all interest charges on the
said funded indebtedness, and which has paid regularly for such
period at least four per cent interest on such junior securities.

6. In the notes of any equipment trust created in behalf of
any railroad coming wdthin the terms of paragraph four or five,
provided that the plan of such trust, in case of any railroad
coming within the terms of paragraph four, includes an initial
cash payment of at least twenty-five per cent, and, in case of
any railroad coming within the terms of paragraph five, of at
least forty per cent, and that such notes mature not later than
fifteen years from the date of issue.

7. In loans upon improved and unencumbered real property
in any state of the United States and upon leasehold estates in
improved real property for a term of ninety-nine years or more
where fifty years or more of the term is unexpired and where
unencumbered except by rentals accruing therefrom to the
owTier of the fee, and where the mortgagee is entitled to be sub-
rogated to all the rights under the leasehold. No loan on such
real property or such leasehold estate shall exceed sixty per cent
of the fair market value thereof at the time of such loan, and a
certificate of the value of such property shall be executed before
making such loan by the persons making or authorizing such
loan on behalf of the company, which certificate shall be recorded
on the books of the company. Real property shall not be
deemed to be encumbered within the meaning of this paragraph
by reason of the existence of instruments reserving mineral, oil
or timber rights, rights of way, sewer rights, rights in walls, nor
by reason of building restrictions or other restrictive covenants,
nor by the reason that it is subject to lease under which rents or
profits are reserved to the owner, provided that the security for
such loan is a first lien upon such real property and that there is
no condition or right of re-entry or forfeiture under which such
lien can be cut off, subordinated or otherwise disturbed.

8. In such real property as shall be required for tlie convenient
accommodation in the transaction of its business, subject to
section sixty-four.

9. In bonds of the American Telephone and Telegraph Com-
pany and first mortgage bonds of its subsidiary operating com-
panies.

Acts, 1923. —Chap. 297. 271

10. In banker's acceptances and bills of exchange of the kinds in banker's
and maturities made eligible by law for rediscount with federal bmt^of "x-^ '""'
reserve banks, provided that the same are accepted by a bank change, etc.

or trust company incorporated under the laws of the United P'"°'^''*°-
States or this conunonwealth or any other bank or trust com-
pany which is a member of the Federal Reserve System.

11. In mortgage bonds issued by light and power companies in mortgage
operating in states having commissions or other regulating bodies by^HghTa^nd
whose approval is necessary to the issue of such securities, pro- power com-
vided that such companies have gross earnings for the preceding provilo.
year in excess of one million dollars and net earnings, after de-
ducting operating expenses, and taxes but not deducting de-
preciation charges, of at least twice the interest charges on the

bonds in question and all underlying issues, including rentals.

12. In loans upon the security of its own policies not exceeding in loans upon
at the time of making the loan the legal reserve on the policy. own'^^o^iciU^^

13. In the capital stock of companies organized under the in stock of
fourteenth clause of section forty-seven; provided that the above po^p^nles
specified proportionate part of the reserve of any domestic stock organized to do
or mutual life company shall not be invested in such capital side United"
stock. ^^^*''.'-

14. In farm loan bonds lawfully issued by federal land banks '■°^'*°-
mcorporated under the act or congress approved July seven- bonds.
teenth, nineteen hundred and sixteen, entitled "An Act to pro-
vide capital for agricultural development, to create standard
forms of investment based upon farm mortgage, to equalize rates

of interest upon farm loans, to furnish a market for United States
bonds, to create government depositaries and financial agents for
the United States, and for other purposes."

15. In loans secured by collateral security consisting of any in loans

of the above. _ _ _ conateralcon-

Section 2. Section sixty-five of said chapter one hundred sistingofany
and seventy-five is hereby amended by striking out in the fourth g. l. 175, § 65,
line the word "fifth" and inserting in place thereof the word: — amended.
seventh, — so as to read as follows : — Section 65. No domestic Loans on
company shall, except in effecting the sale of real estate owned domeltfc^ ^
by it, and then only with the approval of the commissioner, insurance

.*'' p-ci-i 1 companies.

mvest any 01 its funds m loans upon mortgages except upon the
conditions expressed in the seventh paragraph of section sixty-
three.

Section 3. Said chapter one hundred and seventy-five is g. l. 175, § 66,
hereby further amended by striking out section sixty -six and ^'"^"'^e'^-
inserting in place thereof the following: — Section 66. Except Restrictions
as hereinbefore authorized, no domestic life company shall in- ments of
vest any of its funds in any unincorporated business or enter- [nJurlncV'^^
prise, or in the stocks or evidence of indebtedness of any cor- companies.
poration the owners or holders of which stock or evidence of
indebtedness may in any event be or become liable on account
thereof to any assessment except for taxes, nor shall such life
company invest any of its funds in its own stock or in the stock
of any other company. No such company shall invest in, acquire
or hold directly or indirectly more than ten per cent of the capital
stock of any corporation, nor shall more than ten per cent of its

272

Acts, 1923. — Chap. 298.

Certain funds
may be in-
vested other-
wise, etc.

Proviso.

Companies
may enter into
certain agree-
ments, etc.

May acquire
property in
satisfaction of
debt, etc.

Proviso.

Extension of
time for dis-
posal of
prohibited
investments,
etc.

capital and surplus be invested in the stock of any one corpora-
tion. No such company shall subscribe to or participate in any
underwriting of the purchase or sale of securities or property,
or enter into any transaction for such purchase or sale on account
of said company jointly with any other person, nor shall any
such company enter into any agreement to withhold from sale
any of its property, but the disposition of its property shall be
at all times within the control of its board of directors.

Nothing in this section or in section sixty-three shall prevent
such company from investing or loaning any funds, not required
to be invested as provided in section sixty-three, in any manner
that the directors may determine; provided, that such funds
shall not be invested in the purchase of stock or evidence of in-
debtedness prohibited by the preceding paragraph, and provided
that no loan of such funds shall be made to an individual or
firm unless it is secured by collateral security.

Nothing in this section or in section sixty-three shall prevent
any such life company from entering into an agreement for the
purpose of protecting the interests of the company in securities
lawfully held by it, or for the purpose of reorganization of a
corporation which issued securities so held, and from depositing
such securities with a committee or depositaries appointed under
such agreement, nor from accepting corporate stock or bonds
or other securities which may be distributed pursuant to any
such agreement, or to any plan of reorganization; and nothing
in this section or section sixty-tliree shall prevent any such life
company from acquiring or holding any property acquired in
satisfaction of any debt previously contracted, or that shall be
obtained by sale or foreclosure of any security held by it; pro-
vided, that if the property owned be such as is prohibited for in-
vestment by such company, it shall dispose of such property, if
personal, within one year, and if real estate, within five years,
from the date when it acquired title to the same, unless the com-
missioner shall extend the time for such disposition for the reason
that the interests of the company will suffer materially by a
forced sale of such property.

A record of such extension shall be made by the commissioner,
which shall state the time of the extension, and in that event the
sale of said property may be made at any time before the ex-
piration of the time of such extension.

Approved April 20, 1923.

Chap.29S An Act increasing the state allowance for the funeral

EXPENSES OF CERTAIN PAUPERS.

Be it enacted, etc., as follows:

Section seventeen of chapter one hundred and seventeen of
the General Laws is hereby amended by striking out, in the
tenth line, the word "thirty" and by inserting in place thereof
the word : — forty, — by striking out, in the eleventh and twelfth
lines, the word "fifteen" and inserting in place thereof the word:
— twenty, — and by striking out all after the word " common-
wealth" in the thirteenth line and inserting in place thereof the

G. L. 117, § 17,
amended.

Acts, 1923. — Chaps. 299, 300. 273

words: — ; provided, tliat tlie overseers sliall file with eaeli
claim an affidavit of the undertaker stating the total amount of
his bill, the amount received from the town and the amount re-
ceived from all other sources; and provided, further, that if the
total expense of the burial, by whomsoever incurred, shall exceed
the sum of one hundred dollars, no payment therefor shall be
made by the commonwealth, — so as to read as follows : —
Section 17. The overseers of each town shall also relieve and Support and
support and may employ all poor persons residing or found certain indigent
therein, having no la^^ul settlements within the commonwealth, p^'"*'^"^-
until their removal to the state infirmary, and if they die shall'
decently bury them. They shall also decently bury all deceased
persons who, although without means of support while living,
did not apply for public relief, and all unknown persons found
dead. The expense thereof may be recovered of their kindred, if
any, chargeable by law for their support in the manner provided .
in this chapter; and if the expense of their burial is not paid by state allowance
such kindred, an amount not exceeding forty dollars for the expenslsof
funeral expenses of each pauper over twelve years of age, and certain paupers.
not exceeding twenty dollars for the funeral expenses of each
pauper under that age, shall be paid by the commonwealth;
provided, that the overseers shall file with each claim an affidavit Provisos,
of the undertaker stating the total amount of his bill, the amount
received from the town and the amount received from all other
sources; and provided, further, that if the total expense of the
burial, by whomsoever incurred, shall exceed the sum of one
hundred dollars, no payment therefor shall be made by the
commonwealth. Approved April 23, 1923.

An Act relative to payment by certain towns for the pi ^qq

TRANSPORTATION OF PUPILS ATTENDING OUTSIDE VOCATIONAL ^'^''^P-^^^
schools and to STATE REIMBURSEMENT THEREFOR.

Be it enacted, etc., as follows:

Chapter seventy-four of the General Laws is hereby amended g. l. 74, new
by inserting after section eight the following new section: — section after
Section 8 A. A town where a person resides who is admitted to payment by
the school of another town under section seven, and in which a jerkin towiis

,.,., ,,^.. .. ', . . for transporta-

public high school ottermg tour years oi mstruction is not main- tion of pupils
tained, shall, through its school committee, when necessary, sfde'lirationli
provide for the transportation of sucl\ person under the same schools.
conditions and subject to the same limitations as to cost, and
shall be entitled to the same amount of state reimbursement, as state reim-
is provided in sections six and seven of chapter seventy-one in ''"^'*®™<^"*-
the case of a person attending a public high school in a town
other than that of his residence. Approved April 23, 1923.

An Act relative to the filing with the budget commis- Qhav 300

SIGNER BY STATE OFFICIALS AND DEPARTMENTS OF CERTAIN
financial STATEMENTS AND ESTIMATES.

Be it enacted, etc., as follou's:

Section three of chapter twentj'-nine of the General Laws is g. l. 29, § 3,
hereby amended by striking out, in the fifth line, the words '*°™^"*^®'^-

274 Acts, 1923. — Chap. 301.

"supervisor of administration" and inserting in place thereof
the words: — budget commissioner, — by inserting after the
word "thereto" in the ninth Hne the following: — , and state-
ments showing in detail the revenue and estimated revenue of
the office, department or undertaking in his charge for the
current fiscal year and his estimate of the revenue from the same
or any additional sources for the ensuing fiscal year, with his
recommendations as to any changes in the management, prac-
tices, rules, regulations or laws governing the office, department
or undertaking in his charge which would effect an increase or
cause a decrease in revenue from operations, fees, taxes or other
sources or which would facilitate its collection, — by striking
out, in the tenth line, the word "supervisor" and inserting in
place thereof the words : — budget commissioner, — and by
striking out the last sentence, — so as to read as follows: —
State officials Scctioti 3. Every officer having charge of any office, department
merits to file or Undertaking which receives an annual appropriation of money
commissioner from the commouwcalth, including annual appropriations to be
certain financial jjjg^ \yy asscssmeuts, shall annually, on or before October fif-
estimates. tecuth, submit to the budget commissioner statements showing

in detail the amounts appropriated for the current fiscal year,
and estimates of the amounts required for ordinar^^ maintenance
for the ensuing fiscal year, with an explanation of any increased
appropriations recommended, and with citations of the statutes
relating thereto, and statements showing in detail the revenue
and estimated revenue of the office, department or undertaking
in his charge for the current fiscal year and his estimate of the
revenue from the same or any additional sources for the ensuing
fiscal year, with his recommendations as to any changes in the
management, practices, rules, regulations or laws governing the
office, department or undertaking in his charge which would
effect an increase or cause a decrease in revenue from operations,
fees, taxes or other sources or which would facilitate its collection,
together with any other information required at any time by
the budget commissioner. The said estimates shall not include
any estimate for any new or special purposes or objects not
authorized by statute. Approved April 23, 1923.

Chap. SOI An Act authorizing the commissioner of conservation to

RECEIVE REAL AND PERSONAL ESTATE IN TRUST FOR CERTAIN
PURPOSES.

Be it enacted, etc., as follows:

amended' ^ ^^' SECTION 1. Section sixty-ninc of chapter one hundred and
thirty-one of the General Laws is hereby amended by striking
out, in the second line, the words "or quadrupeds" and insert-
ing in place thereof the words: — , quadrupeds or fish, — and by
adding at the end thereof the following: — The commissioner,
with the approval of the governor and council, may receive in
trust for the commonwealth any grant or devise of land or any
gift or bequest of personal property for the purpose of aiding in
the propagation and protection of any useful wild birds, quad-

Acts, 1923. —Chap. 301. ' 275

rupeds or fish; provided, liowever, that unless appro \'ed by the
general court no obligation shall be imposed on the common-
wealth to expend in the carrying out of any trust more than the
income of the trust property, or more than the income and
principal thereof if by the terms of the trust the principal may
be expentled. Any such gift or bequest of money or securities
shall be transferred forthwith to the state treasurer, who shall
administer it as proAided by section sixteen of chapter ten, — so
as to read as follows : — Scctio7i 69. For the purpose of pro- Commissioner
tecting any species of useful wild birds, quadrupeds or fish, and ma'^y "^fquh^e""
for aiding the propagation thereof the commissioner may acquire etc., land, etc..
in fee by purchase, gift or devise, or may lease, or, with the con- oTwrds!" °"
sent of the owners, may control any land, water or shore or the ^^adrupeds or
right to use the same, including the right of the public in such
land or on such water or shore, as a bird and game preserve.
The commissioner, with the approval of the governor and reafa'ndTer-
council, may receive in trust for the commonwealth any grant ?onai estate
or devise of land or any gift or bequest of personal property for
the purpose of aiding in the propagation and protection of any
useful wild birds, quadrupeds or fish; provided, however, that Proviso.
unless approved b}^ the general court no obligation shall be im-
posed on the commonwealth to expend in the carrying out of
any trust more than the income of the trust property, or more
than the income and principal thereof if by the terms of the
trust the principal may be expended. Any such gift or bequest Gifts of money,
of money or securities shall be transferred forthwith to the state traiisferre^d to
treasurer, who shall administer it as provided by section sixteen g*^*® treasurer,
of chapter ten.

Section 2. Chapter ten of the General Laws is hereby g. l. lo, § le,
amended b}^ striking out section sixteen and inserting in place amended.
thereof the following: — Section 16. He shall invest, reinvest state treasurer
and hold in the name of the commonwealth any money or t^ust^funds ^"
securities, or the proceeds thereof, received from the depart- de'parrment"of
ment of education under section three of chapter sixty -nine education and
or from the commissioner of conservation under section sixty- sIoMr'^of^"""
nine of chapter one hundred and thirty-one, and shall disburse conservation,
the income or principal thereof on the order of the commis-
sioner of the department having charge of the work in aid of
which the gift or bequest was made; provided, that no disposi- Proviso,
tion of either income or principal shall be made which is
inconsistent with the terms of the trust on which the property
is held. He shall be responsible upon his bond for the faithful
management of all such property.

Section 3. Chapter sixty-nine of the General Laws is hereby g. l. 69. § 3,
amended by striking out section three and inserting in place '''"®"'^'^'*-
thereof the following: — Section 3. The department of educa- Department of
tion, in this chapter called the department, may receive, in trust ^g^"^*^'"" V^^^\
for the commonwealth, any grant or devise of land or any gift personal estate
or bequest of personal property for educational purposes, and '" ^^^^^' "*''■
shall forthwith transfer any money or securities so received to Transfer to
the state treasurer, who shall administer the same as provided ofmonly^etc^
in section sixteen of chapter ten. Approved April 23, 1923. so received,

276

Acts, 1923. — Chaps. 302, 303.

G. L. 53, § 34,
amended.

Primary
ballots,
substance,
arrangement
and form.

Chap.S02 An Act relative to the arrangement on the ballot of

NAMES OF candidates FOR WARD AND TOWN COMMITTEES,
EXCEPT WARD COMMITTEES IN BOSTON, AND TO THE METHOD
OF MARKING BALLOTS FOR SUCH CANDIDATES. •

Be it enacted, etc., as folloivs:

Section 1. Section thirty-four of chapter fifty-three of the
General Laws is hereby amended by inserting after the word
"office" in the eighth line the words: — and for ward or town
committees, except ward committees in Boston, — and by strik-
ing out, in the tenth line, the words "or town committees," and
inserting in place thereof the words: — committees in Boston, —
so that the first two paragraphs will read as follows : — Section
34- At the top of each ballot shall be printed the words " Official
ballot of the (here shall follow the party name)". On the back
of each ballot when folded shall be printed the same words, fol-
lowed by the number of the precinct and ward or the name of
the town for which the ballot is prepared, the date of the primary
and for state or presidential primaries a facsimile of the signa-
ture of the state secretary and for city or town primaries a
facsimile of the signature of the city or town clerk. Names of
candidates for each elective office and for ward or town com-
mittees, except ward committees in Boston, shall be arranged
alphabetically according to their surnames.

Names of candidates for ward committees in Boston and for
delegates to conventions shall be arranged in groups in such
order as may be determined by lot, under the direction of the
state secretary, who shall notify each state committee and give
a representative of each such committee an opportunity to be
present. When necessary, groups may be printed on the ballot
in two or more columns.

Section 2. Section thirty-five of said chapter fifty-three is
hereby amended by inserting after the word "committees" in
the third line the words : — in Boston, — so as to read as fol-
lows : — Section 35. A cross (X) marked against a name shall
constitute a vote for the person so designated. A cross in the
circle at the head of a group of candidates for ward committees
in Boston or for delegates to a state convention shall count as a
vote for each candidate therein. A voter may vote for one or
more candidates in any such group by marking a cross against
the name of each such candidate, or he may insert another
name and mark a cross against it. If he votes for more candi-
dates than the number to be elected, his vote shall not be counted.

Approved April 24, 1923.

G. L. 53, § 35,
amended.

Primary
ballots, a cross
to constitute a
vote, etc.

(7/iap.303 An Act relative to the purposes for which cities and

TOWNS MAY INCUR DEBT OUTSIDE THE DEBT LIMIT.

Be it enacted, etc., as follows:

etc ^'amended SECTION 1 . Section eight of chapter forty -four of the General
Laws, as amended by section eleven of chapter four hundred

Acts, 1923. —Chap. 303. 277

and eighty-six of the nets of nineteen huiuh-ed and twenty-one,
is hereby further amended hy iiisertijig after chiiise Qi) the
followin.ij new clauses: —

(Sa) For the construction of filter beds, standpipes and reser- Purposes for
voirs, twenty years. _ _ _ an'ltSif'may

(Sb) For laying and relaying street water mains of six inches borrow outside
or more in diameter, fifteen years.

Section 2. Section seventeen of said chapter forty-four is g. l. 44, § 17,
hereby amended by striking out, in the eleventh line, the words a">«^"defi-
"and six" and inserting in place thereof the words: — , five A,
six and six A, — by striking out, in the thirteenth line, the
word "and" and inserting in place thereof the word:^ — to, —
and by inserting after the word "vote", in the sixteenth line,
the words : — , if any, — so as to read as follows : — Section 1 7. cities, towns or
If a city, town or district votes to issue bonds, notes or certificates make a temi
of indebtedness in accordance with law, the officers authorized fo^pencd not
to issue the same may, in the name of such city, tow^n or district, exceeding one
make a temporary loan for a period of not more than one year ^^^''
in anticipation of the money to be derived from the sale of such
bonds, notes or certificates of indebtedness, and may issue notes
therefor; but the time within which such securities shall become
due and payable shall not be extended by reason of the making
of such temporary loan beyond the time fixed in the vote author-
izing the issue of such bonds, notes or certificates of indebted-
ness; and notes issued under this section and sections four, five,
five A, six and six A for a shorter period than one year may be
refunded by the issue of other notes maturing within the required
period; provided, that the period from the date of issue of the Provisos.
original loan to the date of maturity of the refunding loan shall
be not more than one year; and provided, further, that no notes
shall be refunded under this section except under authority of
such vote, if any, as is required for the original borrowing.

Section 3. Section eighteen of said chapter forty-four is g. l. 44, § is,
hereby amended by striking out, in the first line, the word ^"i^"'!^'^-
"six" and inserting in place thereof the words: — five A, six,
six A, — so as to read as follows: — Section 18. Notes issued Discount of

■I .• e n n \ • - a i certain notes

under section tour, tive, rive A, six, six A or seventeen may be issued by cities,
sold at such discount as the treasurer or other officer authorized t°^'"^' '^*"'-
to sell the same may, with the approval of the officer or officers
whose counter-signature is required on said notes, deem proper,
the discount to be treated as interest paid in advance.

Section 4. Said chapter forty-four is hereby further g. l. 44. new
amended by adding after section sixty-two, added by chapter §^62'°" ^^^^^
two hundred and fifty-three of the acts of nineteen hundred and
twenty-two, the following new section : — Section 63. When- Application of
ever the proceeds of the sale of real estate by a city or town certaTn^sa°es of
exceed five hundred dollars, the same shall be applied to the real estate by
payment of indebtedness incurred in acquiring such real estate tow^ns!*"
or shall be added to the sinking fund, if any, from which said
indebtedness is payable, or if no such indebtedness is outstand-
ing shall be used for any purpose or purposes for which the city
or town is authorized to incur debt for a period of ten years or
more. Approved April 24, 1923.

278

Acts, 1923. — Chaps. 304, 305.

1920, 391,
amended.

10,

Chav.304: An Act extending the time within which the town of

TOWNSEND MAY ACCEPT AN ACT AUTHORIZING IT TO SUPPLY
ITSELF AND ITS INHABITANTS WITH WATER.

Be it enacted, etc., as folloivs:

Section 1. Section ten of chapter three hundred and
ninety-one of the acts of nineteen hundred and twenty is hereby
amended by striking out, in the fourth hne, the word "three"
and inserting in place thereof the word : — five, — so as to read
as follows: — Section 10. This act shall take effect upon its
acceptance by a majority of the voters of the town of Townsend
present and voting thereon at a meeting called for the purpose
within five years after its passage; but the number of meetings
so called in any one year shall not exceed three; and for the
purpose of being submitted to the voters as aforesaid this act
shall take effect upon its passage.

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

Approved April 24, 1923.

Time within
which town of
Townsend may
accept an act
relating to
water supply,
etc., extended.

Chap.^05 A^ ^^'^ requiring the consent of both parents to THE

MARRIAGE OF CERTAIN MINORS.

Be it enacted, etc., as follows:

G. L. 207, § 25
etc., amended.

Section 1. Section twenty-five of chapter two hundred and
seven of the General Laws, as amended by chapter ninety-eight
of the acts of nineteen hundred and twenty-two, is hereby
further amended by striking out all after the word "minor" in
the fifth line down to and including the word "the" in the ninth
line and inserting in place thereof the words: — , if the parents
or surviving parent of such minor, or, if only one such parent
resides in the commonwealth, that parent, or, if neither such
parent is alive and a resident thereof, a legal guardian, has con-
sented to such order. If a parent has deserted his family, it
shall not be necessary to obtain his consent to such order. If
Marriage of a, — SO as to read as follows: — Section 25. The probate court
certain minors, fQp ^j^g couuty wlierc, or a district court within the judicial dis-

how author- . » , . i • , i -n ^ • i t

ized, consent of trict oi wliich, a mmor under the age specmed in the pz-eceding
section resides may, after hearing, make an order allowing the
marriage of such minor, if the parents or surviving parent of
such minor, or, if only one such parent resides in the common-
wealth, that parent, or, if neither such parent is alive and a
resident thereof, a legal guardian, has consented to such order.
If a parent has deserted his family, it shall not be necessary to
obtain his consent to such order. If a parent whose consent
would be required if li\ing in the commonwealth lives outside
thereof and the address of such parent is known, 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 who
has deserted his family-. Said court may also after hearing make
such order in the case of a person whose age is alleged to exceed
that specified in the preceding section, but who is unable to pro-

parents, etc.

Acts, 1923. —Chap. 306. 279

duce an official record of birth, whereby the reasonable doubt
of the clerk or registrar, as exercised under section thirty-five,
may be remo^■ed. I'pon receipt of a certified copy of such order
by the clerk or registrar of the town where such minor resides,
he shall receive the notice required by law and issue a certificate
as in other cases.

Section 2. Section thirty-three of said chapter two hundred o. l. 207, § 33,
and seven is hereby amended by inserting after the word " pro- ^™^" ® "
bate" in the sixth line the words: — or district, — so as to read
as follows: — Section 33. The clerk or registrar shall not issue Certificate of
the certificate under section twenty-eight before the time therein '^^rru'ge not to
specified, except as otherwise provided; nor to a male under be issued to
twenty-one, or to a female under eighteen, when he has reasonable etc '" ™"^°''®'
cause to believe the person to be under such age, except upon
the application or consent in writing of the parent or guardian
of such person or by order of the probate or district court under
section twent^'-five. If there is no parent or guardian in this
commonwealth competent to act, a certificate may be issued
without such application or consent. Approved April 24, 1923.

Chap.SOQ

An Act authorizing the union of the proprietors of the

NORTH meeting HOUSE IN SALEM WITH THE FIRST CONGRE-
GATIONAL SOCIETY IN SALEM.

Be it enacted, etc., as follows:

Section 1 . The Proprietors of the North Meeting House in union of The
Salem, duly incorporated by chapter twenty-seven of the acts fj[e N'''Th'^ "^
of eighteen hundred and one, and approved February fifth. Meeting House
eighteen hundred and two, is hereby authorized to unite with thefrlr™ Con-
the First Congregational Society in Salem, commonlj^ known gre^ationai
as the First Church in Salem, duly incorporated by chapter Saiem.
thirty-five of the acts of eighteen hundred and seventeen, as
amended by chapter one hundred of the acts of nineteen hun-
dred and four.

Section 2. Upon the acceptance of this act by each of said Votes of

, . . ^ J . , , , , , .^r, , . „ acceptance to

corporations m accordance with law, duly certmed copies 01 be filed, etc.
such votes of acceptance shall be filed in the Essex registry of
deeds for the southern district, and thereupon the persons who
are then members of the first named corporation shall be mem-
bers of said First Congregational Society in Salem which shall
thereafter ha^•e and enjoy all the franchises, powers and privi-
leges of both of said corporations.

Section .3. The said First Congregational Society in Salem Adoption of
may, notwithstanding the provisions of its present by-laws, "fc^ by-laws,
adopt new by-laws and therein determine the time for holding
its annual meetings and the number, manner of election and
terms of office of its trustees, standing committees and other
officers now existing or hereafter to be established by by-law.

Section 4. For the purpose of its acceptance, this act shall Ti^^ of taking
take effect upon its passage. Approved April 24, 1923.

280

Acts, 1923. — Chap. 307.

C;. L. 131, § 37
etc., amended.

Hunting, pos-
session, etc., of
swans, wild
geese, brant,
ducks and teal
regulated.

Chew 307 -^^ '^^"^ RELATIVE TO THE HUNTING AND POSSESSION OF CERTAIN

WILD BIRDS.

Be it enacted, etc., as folloios:

Section 1. Chapter one hundred and thirty-one of the
General Laws, as amended in section thirty-seven by section
one of chapter one hundred and seventy-one of the acts of nine-
teen hundred and twenty-two, is hereby further amended by
striking out said section thirty-seven and inserting in place
thereof the following : — Section 37. No person, except as pro-
vided in sections forty and eighty-two to eighty-nine, inclusive,
shall kill or possess a swan at any time, or hunt, pursue, take or
kill any other of the anatidae, commonly known as wild geese,
brant, ducks and teal, between the hours of sunset and one half
hour before sunrise, or in Barnstable, Bristol, Dukes or Nan-
tucket county between January sixteenth and September fif-
teenth, both dates inclusive, or in any other county between
January first and September fifteenth, both dates inclusive, or
at any time with a shotgun of over ten gauge or by the use of
a rifle, revolver or pistol, or have in possession any of such
anatidae or part thereof during the close season. No person
shall take or kill more than eight wild geese, eight brant and
twenty-five ducks of all kinds in the aggregate in any one day.
Violation of any provision of this section shall be punished by
a fine of not less than twenty dollars. This section shall not be
deemed to permit the hunting, pursuing, taking or killing of
any anatidae during the time when the same is forbidden by
federal law.

Section 2. Said chapter one hundred and thirty-one is
hereby further amended by striking out section thirty-nine and
inserting in place thereof the following : — Section 39. No
person, except as provided in sections forty and eighty -nine,
shall take or kill in the aggregate more than fifteen winter and
summer yellow legs and golden and black-breasted plover in
any one day between August sixteenth and November thirtieth,
both dates inclusive, nor in the aggregate more than fifty sora
rails and twenty-five of all other kinds of rails in any one day
between September first and November thirtieth, both dates
inclusive, nor in the aggregate more than twenty-five jack or
Wilson snipe, coots and gallinules in an}^ one day between
September sixteenth and December thirty-first, both dates in-
clusive; nor shall any person hunt, pursue, take or kill any bird
of any of the aforesaid species at any time other than between
the dates herein specified for that species; nor between the
hours of sunset and one half hour before sunrise, or at any time
with a shotgun of over ten gauge or by the use of a rifle, revolver
or pistol. Nor shall any person hunt, pursue, take or kill or
have in possession any other of the limicolae at any time. Viola-
tion of any provision of this section shall be punished by a fine
of not less than twenty dollars.

Section 3. Section eighty-one of said chapter one hundred
and thirty-one, as amended by section two of chapter one hun-

Tenalty.

Close season
under federal
law.

G. L. 131, § 39,
amended.

Hunting, pos-
session, etc.,tof
certain shore
birds regulated.

I'eiuilty.

G. L. 131, § 81,
etc., amended.

Acts, 1923. —Chaps. 308, 309, 310. 281

dred and seventy-one of the acts of nineteen hundred and
twenty-two, is hereby further amended by striking out the last
sentence, — so as to read as follows: — Section SI. No person, Siiieof wihi
except as pro\ided in sections forty-six, fifty-two and eighty-two |or{'?i'fj"||_ ^'*'"''
to eighty-nine, inclusive, shall buy, sell, barter, exchange, or in except, eu-.
any way deal in or trade with respect to, the dead or li\'ing
bodies, or any part thereof, of wild birds or game quadrupeds,
protected by law in any part of the United States, whene\er
and wherever taken or killed. Approved April "24, 1923.

Chap.^OS

An Act relative to the transfer op certain lands in
east boston from the park department to the school

committee OF THE CITY OF BOSTON.

Be it enacted, etc., as follows:

Section 1. The William Amerena playground, formerly Transfer of
Cottage street playground, and the Eagle Hill playground, Elsfgoitoll" '"
formerly White street reservoir, in the East Boston district of from park de-
the city of Boston, shall hereafter be devoted to school purposes school com-
and shall be under the control of the school committee of the "f'Boston!"*^
city of Boston; provided, that the school committee of said Proviso.
city appropriates the sum of fifty thousand dollars to be trans-
ferred to its park department to be used in acquiring or develop-
ing other land for parks or playgrounds in said East Boston
district.

Section 2. This act shall take effect upon its acceptance to be sub-
by the mayor and city council and the school committee of the "Jayor, city
city of Boston. Approved April 24, 1923. council and

" i X X / school com-

mittee.

An Act relative to the erection and maintenance of a nhn^-^ qqq

FIRE ALARM SIGNAL STATION WITHIN THE LIMITS OF THE ^

BACK BAY FENS IN THE CITY OF BOSTON.

Be it enacted, etc., as follows:

Section 1. The city of Boston, acting through its fire de- City of Boston
partment, may erect and maintain a fire alarm signal station mamta^^a^fire
within the limits of the Back Bay Fens, if the mayor and city ^^^^F^ ^'snai
council of said city so determine. The location of said station ' '
shall be subject to the approval of the park department of said
city.

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

Approved April 26, 1923.

An Act providing an alternative method of determining fhn^ qj^q
the value of corporate franchises of certain foreign ^

corporations.

Whereas, The deferred operation of this act would tend to Emergency
defeat its purpose in that the effective administration of the "^"^'^"^
tax laws requires immediate action under its provisions, there-
fore it is hereby declared to be an emergency law necessary for
the immediate preservation of the public convenience.

282

Acts, 1923. —Chap. 311.

G. L. 63, new

section after
§56.

Alternative
method of de-
termining value
of corporate
franchises of
certain foreign
telephone
companies.

Application
of act.

Be it enacted, etc., as follows:

Section 1. Chapter sixty-three of the General Laws is
hereby amended by inserting after section fifty-six the following-
new section: — Section 56 A. A foreign telephone company
carrying on part of its business outside of the commonwealth
may, within the time when its franchise tax return under this
chapter is due to be filed, request determination of the value of
its corporate franchise subject to taxation in the commonwealth
by a method other than that hereinbefore provided and here-
inafter referred to as "the statutory method." Such a foreign
telephone company shall within thirty days thereafter file with
the commissioner, under oath of its treasurer, a statement show-
ing in detail the value of its corporate franchise as aforesaid, and
such other information as the commissioner shall require for
assessment of the tax. The commissioner shall in such case
ascertain the value of such franchise as aforesaid and to that
end may determine such value by a method other than "the
statutory method" but nothing herein contained shall be con-
strued to prevent the application of "the statutory method" in
case the commissioner shall deem such method equitable.

Section 2. This act shall apply to the taxes assessed as of
April first in the year nineteen hundred and twenty-three and
each year thereafter. Approved April 26, 1923.

Chajp.ZW An Act relative to the reimbursement of cities and

TOWNS BY THE COMMONWEALTH FOR MONEY EXPENDED IN
suppressing gypsy or brown tail MOTHS.

Emergency
preamble.

Whereas, The deferred operation of this act would cause sub-
stantial inconvenience, therefore it is hereby declared to be an
emergency law, necessary for the immediate preservation of the
public convenience.

G. L. 132, § 14,
amended.

State reim-
bursement of
cities and
towns for
money ex-
pended in sup-
pressing gypsy
or brown tail
moths.

Be it enacted, etc., as follows:

Section fourteen of chapter one hundred and thirty-two of the
General Laws is hereby amended by striking out, in the twenty-
fifth line, the words "state auditor" and inserting in place
thereof the word : — comptroller, — and by striking out, in the
twenty -ninth line, the words "state auditor" and inserting in
place thereof the following: — comptroller, nor unless said ex-
penditure shall have been duly authorized and approved by the
forester or shall have been made prior to December first, nine-
teen hundred and twenty-two, — so that the paragraph included
in lines twenty-four to twenty-nine, inclusive, of said section will
read as follows : — No city or town shall be entitled to any re-
imbursement from the commonwealth until it has submitted to
the comptroller itemized accounts and vouchers showing the
definite amount expended by it for the purpose of suppressing
said moths, nor shall any money be paid out of the state treas-
ury to cities or towns until said vouchers and accounts have
been approved by the forester and tiie comptroller, nor unless

Acts, 1923. — Chaps. 312, 313. 283

said expenditure shall ha\e been duly authorized and approved
by the forester or shall have been made prior to December first,
nineteen hundred and twenty-two. Approved April 26, 1923.

An Act authorizing the city of boston to construct a (JJig^y ^\2

SEWER IN THE TOWN OF DEDHAM.

Be it oiacted, etc., as folloivs:

Section 1. The city of Boston may construct and maintain city of Boston
a sanitary sewer in and under East street in the town of Dedham seweHnfown* ^
between a point at or near the junction of Curve street and of Dedham.
East street in said Dedham, near the present location of the
metropolitan sewer on East street, and the dividing line between
said city and said town, for a distance of thirty-two linear feet,
more or less, with a twenty-four inch double strength pipe and
for a distance of thirteen hundred linear feet, more or less, with
two foot, nine inch, circular concrete sanitary sewer or its
equivalent.

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

Approved April 26, 1923.

An Act relative to the protection of highway bridges fhnqi "^l^

FROM heavy loads. ^'

Be it enacted, etc., as follows:

Section 1. Chapter eighty-five of the General Laws is g. l. 85. §34,
hereby amended by striking out section thirty-four and inserting ^'»®"^^<*-
in place thereof the following: — Section 34- Except as other- Protection of
wise provided in the following section, the division, person or brfa^t^from
local authorities having control of any bridge on any road may ''eavy loads.
maintain notices at each end of such bridge legible at a distance
of fifty feet, stating the maximum weight of vehicle with load
which the bridge will safely carry to be six tons or over.

Section 2. Said chapter eighty-five is hereby further g. l. 85, new
amended by adding at the end thereof the following new sec- §''34'°" '^^^^'^
tion : — Section 35. No bridge on a public highway having a Division of
span in excess of ten feet, except a bridge constructed under the approve pfans,
provisions of chapter one hundred and fifty -nine, shall be con- ^tc of certain
structed or reconstructed by any county or town except in ac- bridges.
cordance with plans and specifications therefor approved by the
division. Said division shall approve or alter to meet its approval
all such plans submitted to it and shall determine the maximum To determine
load which any such bridge may safely carry, and the division ^c'^"""'" '°'*'^'
or the local authorities having control of such bridge may main-
tain notices at each end thereof, legible at a distance of fifty
feet, stating the maximum weight of vehicle with load which the
bridge will safely carry. The owner of a vehicle operated on any Responsibility
bridge posted under this or the preceding section shall be re- v4hicies%tc.
sponsible for all damage resulting thereto if the weight of the
vehicle and load exceeds the maximum load as posted under this
or the preceding section, as the case may be, and the amount
of the damage may be recovered in an action at law by the
person or authorities charged with the maintenance of the bridge.

284 Acts, 1923. —Chaps. 314, 315.

Penalty. ^j-^^^, pei'soii Operating a ^•ehicle, the weight of which with its

load exceeds the maximum weight as posted under this or the
preceding section, that causes damage to a bridge so posted
shall be punished by a fine of not more than two hundred dol-
lars. Approved April 26, 1923.

C/iap.314 An Act establishing the office of second assistant clerk

FOR the municipal COURT OF THE WEST ROXBURY DISTRICT
OF THE CITY OF BOSTON.

Br it enacted, etc., as follows:
G. L. 218, § 10, Section 1. Chapter two hundred and eighteen of the Gen-

etc, umended. \ i . . .

eral Laws, as amended m section ten by section one of chapter
two hundred and eighty-seven of the acts of nineteen hundred
and twenty-one, by section one of chapter sixty-three of the acts
of nineteen hundred and twenty-two and by section four of
chapter one hundred and sixty-four of the acts of nineteen hun-
dred and twenty-three, is hereby further amended by striking
out said section ten and inserting in place thereof the following:
District courts, — Scctiou 10. The clcrk of a district court may, subject to the
appointment, ''' approval of the justicc, appoint one or more assistant clerks,
^^^' who shall be removable at his pleasure or at the pleasure 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. 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 Hamp-
den, and in courts the judicial districts of which have, according
to the national or state census last preceding, a population of
Second as- sixty thousaud or more. Second assistant clerks with salaries

appohitment,' payable by the county may be appointed in the municipal court
^^'^- of the Roxbury district, the East Boston district court, the mu-

nicipal court of the Charlestown district, the municipal court of
the West Roxbury district, and, subject to the approval of the
county commissioners, in the first district court of eastern
Middlesex, the third district court of eastern Middlesex and the
district court of southern Essex.
mUtedW Section 2. This act shall take effect upon its acceptance by

Boston city yotc of the city council of the city of Boston, subject to the pro-

council, etc. . . p • i • i i i i

Proviso. Visions ot its charter; provided, that such acceptance occurs

prior to December thirty-first in the current jear.

Approved April 26, 1923.

Chap.S15 An Act authorizing the corporation of the members of

THE catholic ASSOCIATION OF LOWELL, MASS., TO HOLD ADDI-
TIONAL REAL ESTATE.

Be it enacted, etc., as foUoivs:

1916, 83 (S), § 1, Section 1. Section one of chapter eighty-three of the Special
Acts of nineteen hundred and sixteen is hereby amended by
striking out, in the fourth line, the word "fifty" and inserting
in place thereof the words : — one hundred, — so as to read as

Acts, 1923. —Chaps. 316, 317, 318. 285

follows: — Sccfi'on 1. The Corporiition of the Members of the The Coipom-
Cutholic Association of Lowell, Mass., a fraternal benefit society, M^n/here of the
is hereby authorized to hold real estate to an amount not ex- Catholic Asso-
ceeding one hundred thousand dollars, and to invest an amount i'owcii,°Ma*s.,
not exceeding twenty per cent of its death fund in the same. ^fcHtloimi real
Section 2. This act shall take effect upon its passage. estate.

Approved April 30, 1923.

An Act validating certain acts and proceedings of the nh^jj. o-ia

TOWN OF SOUTH HADLEY AND OF ITS OFFICERS. "*

Be it enacted, etc., as follows:

Section 1 . All town elections and meetings in the town of Certain acts
South Hadley and all other acts and proceedings of said town of town of
and of its officers between January first, nineteen hundred and i^^g^officer"'* °^
twenty and the tinie this act takes effect, so far as said elections, validated.
meetings, acts or proceedings were invalid by reason of the
failure of said town legally to conduct its annual town elections
and meetings, or either of them, in accordance with section
twenty of chapter thirty-nine of the General Laws, are hereby
validated and confirmed.

Section 2. Said tow^n is hereby authorized, until it votes May hold
otherwise, to hold its annual meeting and annual election of andTilnucT^'"^
town officers on the same day, namely, the third Monday of election of town

TV «- 1 . 1 officers on

March m each year. same day, etc

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

Approved April 30, 1923.

An Act authorizing the city of fitchburg to borrow Qfidj) 31 7
money for building purposes.

Be it enacted, etc., as follows:

Section 1. For the purpose of constructing in the city of Cityof Pitch-
Fitchburg, and originally equipping and furnishing, a municipal borr^ow^oney
garage, a city stable and other buildings for the use of the city ^°^ bmidmg

, C11- • 1 • 1 I. • purposes.

department or public works, said city may borrow, from time to
time, such sums as may be necessary, not exceeding, in the
aggregate, one hundred thousand dollars, and may issue bonds
or notes therefor, which shall bear on their face the words,
Fitchburg Building Loan, Act of 1923. Each authorized issue Fitchburg
shall constitute a separate loan. Indebtedness incurred under Building

1 • 1 11 1 • PI !• • ^ 1 11 Jjoan, Act ot

this act shall be in excess 01 the statutory limit, but shall, except 1923.
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 30, 1923.

An Act authorizing the town of Norwood to incur in- (Jhnj) 3I8
debtedness for school purposes.

Be it enacted, etc., as foUoivs:

Section L For the purpo.se of acquiring land for and con- Town of
structing a new school building or for constructing additions to bo'rrow°m^ey

286

Acts, 1923. — Chaps. 319, 320.

for school
purposes.

Norwood
School Loan,
Act of 1923.

school buildings where such additions increase the floor space,
and for the purchase of original equipment and furnishings for
such building or such additions, the town of Norwood may
borrow from time to time such sums as may be necessary, not
exceeding, in the aggregate, one hundred thousand dollars, and
may issue bonds or notes therefor, which shall bear on their
face the words, Norwood School Loan, Act of 1923. Each au-
thorized 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 efl^ect upon its passage.

Approved April 30, 1923.

Chap. S19 ^^ ^^'^ AUTHORIZING THE TOWN OF BELMONT TO BORROW

MONEY FOR SCHOOL PURPOSES.

Be it enacted, etc., as follows:

Section L For the purpose of constructing, furnishing and
equipping a new grade school building in the town of Belmont,
said town may borrow, from time to time, such sums as may be
necessary, not exceeding, in the aggregate, one hundred seventy-
five thousand dollars, and may issue bonds or notes therefor,
which shall bear on their face the words, Belmont Grade School
Loan, Act of 1923. 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 provided herein,
be subject to chapter forty -four of the General Laws.

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

Approved April 30, 1923.

Town of
Belmont may
borrow money
for school
purposes.

Belmont
Grade School
Loan, Act of
1923.

Chav. 320 ^'^ ^^'^ further extending the time of service of the
special commission on the necessaries of life.

Emergency
preamble.

Whereas, The deferred operation of this act would tend to
defeat its purpose, therefore it is hereb}^ declared to be an
emergency law, necessary for the immediate preservation of the
public convenience.

Be it enacted, etc., as follows:
Special com- SECTION 1 . The term of service of the special commission on

mission on the . . . ^ i i i

necessaries of the ncccssaries oi iiic, appomted under chapter three nundrea
irvictrS-° and twenty-five of the acts of nineteen hundred and twenty-one,
dutf^^'efc"^^"' ^^ extended until May first, nineteen hundred and twenty-three
by section one of chapter three hundred and forty-three of the
acts of nineteen hundred and twenty-two, is hereby further
extended until May first, nineteen hundred and twenty-four,
and during the term hereby extended the commission shall have
all the powers and duties granted and imposed by said chapter
three hundred and twenty-five; provided, that the governor,
with the advice and consent of the council, may, at any time

Provi.so.

Acts, 1923. —Chap. 321. 287

(luring said period of extended service pro\ided for herein, change
the personnel of said commission in whole or in part.

Section 2. The unexpentled balances of any appropriations Unexpended
heretofore made for the use of said connnission are hereby made cert1i'in''appro-
a^•ailable for the purposes of said connnission during the extended priations made

.«i^, , I .-■ •• ft 1 availuDio, etc.

term proNided tor herem, and said commission, from such
balances and from such additional appropriations as may be
made by the general court, may expend such sums as shall be
approved by the governor and council. Said commission shall ^^p°^^ g°„rt.
make a report to the general court, not later than the second
Wednesday of January, nineteen hundred and twenty-four.

Approved April 30, 1923.

An Act relative to the sale of real estate under license (Jfidj) 32 1
OF the probate court.

Be it enacted, etc., as follows:

Section nineteen of chapter two hundred and two of the q. l. 202, § 19,
General Laws is hereby amended by striking out, in the second amended.
and third lines, the words ", unless the will otherwise provides,"
by striking out, in the eleventh line, the words " , for the purpose
of distribution " and by striking out, in the fifteenth and sixteenth
lines, the words " , subject to the laws governing the distribution
of the personal estate of the deceased, be distributed to the"
and inserting in place thereof the words : — be paid over to the
person or, • — so as to read as follows : — Section 19. The probate Sale of real
court may, upon petition of an administrator, administrator ministra\or,
with the will annexed, or executor filed within one year after the f.t° • ""'^/''

.. p. ... •^,, license of pro-

date of the giving of the executor s or administrator s bond, or, bate court.
if an administrator de bonis non shall be appointed within one
year 'after the date of the original appointment of the executor
or administrator, then within six months after the date of the
giving of a bond by such administrator de bonis non, with the
consent of all parties interested or after notice, license him to
sell the whole or any part of the real estate or any undivided
interest therein belonging to the estate of the deceased, in such
manner and upon such notice as the court orders ; and the net Disposition of
proceeds of such sale, after deducting the expenses thereof and p''°''^ •
such amount as may be required for the payment of debts,
legacies and charges of administration, in consequence of a
deficiency in the personal property, shall be paid over to the
person or persons who would have been entitled to such real
estate and in the proportions to which they would have been
entitled had it not been sold. Before any such license shall be Affidavit con-
issued, the petitioner shall file in the probate court an affidavit oTckiLanS?^
containing the names of all persons known to him as having or ^^c, to be filed,
claiming any interest in said real estate derived from any deed
of conveyance or mortgage by, through or under any of the
heirs or devisees, and if it appears that there are any such
persons, they shall be made parties to the proceedings, and
notified in such manner as the court orders.

Approved April 30, 1923.

288 Acts, 1923. — Chaps. 322, 323.

ChaV. 322 ^^ '^^'T INCREASING THE SALARIES OF COURT OFFICERS FOR
CERTAIN DISTRICT COURTS IN THE CITY OF BOSTON.

Be it enacted, etc., as follows:

G. L. 218, § 8:5, Section 1. Chapter two hundred and eighteen of the General
Laws, as amended in section eighty-three by section one of
chapter three hundred and twenty-one of the acts of nineteen
hundred and twenty-one, is hereby further amended by striking
out said section eighty-three and inserting in place thereof the
Salaries of following: — Scctioti 83. The salaries of court officers in the

district courts, f ollowiug courts shall be as follows : —

Municipal court of the Brighton district, fifteen hundred
dollars.

Municipal court of the Charlestown district, two thousand
dollars.

Municipal court of the Dorchester district, two thousand dol-
lars.

East Boston district court, two thousand dollars.

Municipal court of the Roxbury district, two thousand dol-
lars.

Municipal court of the South Boston district, two thousand
dollars.

IMunicipal court of the West Roxbury district, two thousand
dollars.

Court officers in other district courts, except the municipal
court of the city of Boston, shall receive salaries to be fixed by
the justice, subject to the approval of the county commissioners,
payable upon vouchers approved by the justice and the county
commissioners.
mu^/u!' Section 2. This act shall take effect upon its acceptance by

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

Approved April 30, 1923.

council, etc.
Proviso.

Chap.32S An Act providing for an eighth assistant clerk of the
municipal court of the city of boston for criminal
business.

Be it enacted, etc., as follows:

G. L. 218. §53, Section 1. Section fifty-three of chapter two hundred and

etc., anient et . gjgj^^ggj^ ^f ^j^g General Laws, as amended by section one of

chapter three hundred and nine of the acts of nineteen hundred

and twenty-two, is hereby further amended by striking out, in

the first line, the word "seven" and inserting in place thereof

co"rt^oF the *^® word : — eight, — so as to read as follows : — Section 53.

city of Boston, There shall be a clerk and eight assistant clerks of said court for

si.stant'cierks. Criminal busincss, and a clerk and eight assistant clerks of said

court for civil business. The assistant clerks shall be appointed

l)y the clerks, respectively, subject to the approval of the justices

or a majority of them, and the clerks shall be responsible for the

doings of their assistants, and may remove them at pleasure.

Acts, 1923. —Chap. 324. 289

The salaries of said assistant clerks shall be payable by the
county.

Section 2. Said chapter two hundred and eighteen, as g. l. 218. § 75,
amended in section seventy-five by section two of chapter two '''°- a'"«"ded.
hundred and eighty-four of the acts of nineteen hundred and
twenty-one and by section two of chapter three hundred and
nine of the acts of nineteen hundred and twenty-two, is hereby
further amended by striking out said section seventy-five and
inserting in place thereof the following: — Section 75. The Municipal
salary of the chief justice of the municipal court of the city of city'^of° Boston,
Boston shall be eighty -five hundred dollars, and the salary of salaries.
each of the associate justices shall be eight thousand dollars;
provided, that any chief justice or associate justice appointed Proviso.
before June fourth, nineteen hundred and twenty, who has not
accepted the increase in salary provided by chapter six hundred
and fourteen of the acts of nineteen hundred and twenty shall
receive annually two thousand dollars less than the salaries
above provided for. The salaries of the clerks and assistant
clerks of said court, for civil and for criminal business, shall be
as follows: clerks, five thousand dollars each; first assistant
clerks, thirty-five hundred dollars each; second assistant clerks,
three thousand dollars each; third and fourth assistant clerks,
twenty-nine hundred dollars each; fifth, sixth, seventh and
eighth assistant clerks, twenty-four hundred dollars each.

The salary of the messenger of said court shall be twenty-six
hundred dollars.

The salary of the chief court officer of the municipal court of
the city of Boston for criminal business shall be twenty-eight
hundred dollars and the salary of each of the other court officers
in attendance at the civil and criminal sessions of said court,
twenty-four hundred and eighty-four dollars.

Section 3. This act shall take effect upon its acceptance by to be sub-
vote of the city council of the city of Boston, 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 April 30, 1923.

An Act authorizing the appointment of additional court (JJkij) 324
officers for attendance upon certain courts in middle-
sex county.

Be it enacted, etc., as follows:

Section 1. Section seventy of chapter two hundred and twen- g. l. 221, § 70,
ty-one of the General Laws is hereby amended by striking out, ^^"lended.
in the tenth line, the word "eight" and inserting in place thereof
the word : — twelve, — so as to read as follows : — Section 70. pourt officers
The sheriffs of Suffolk, Middlesex and Worcester counties may counti^"ap-
each appoint, subject to the approval of the justices of the pojntment,
superior court, officers for attendance upon the several sessions
of the superior court in their respective counties, as follows:

For Suffolk, not exceeding four for each session for civil busi-
ness held with juries; three for each session held without juries;

Authority, etc.

290 Acts, 1923. — Chaps. 325, 326.

and six for the session for criminal business; said officers shall
be interchanged between the several sessions so as to secure as
nearly as may be equal service by all.

For Middlesex, twelve for civil or criminal business, who shall,
when required by the sheriff, attend the sessions of the supreme
judicial or probate court when not in attendance on the superior
court.

For Worcester, for civil or criminal business, such number as
may be necessary, who shall also attend upon the sessions of the
supreme judicial, probate and insolvency and land courts.
To give bond. Each of Said officers shall give to the sheriff appointing him a
bond with sufficient sureties, in the sum of fifteen hundred dol-
lars, for the faithful performance of his duties. They shall have
the authority of constables to serve venires for jurors and the
processes of said courts, and in Worcester county to summon
witnesses; and they shall be paid by the county their actual
expenses necessarily incurred in making such services.
m?tte/to Section 2. This act shall take effect upon its acceptance by

Middlesex the couuty Commissioners of Middlesex county; provided, that

county com- , *' . t^ i i • r> • i

missioners. sucii acccptaucc occurs prior to December thirty-nrst m the
Proviso. current year. Approved April 30, 1923.

Chap. 325 An Act relative to sittings of the probate court in

BERKSHIRE COUNTY.

Be it enacted, etc., as follows:

^p^amendecf.' SECTION 1. Scctiou sixty-two of chapter two hundred and

fifteen of the General Laws, as amended by chapters forty-one

and two hundred and fifty-seven of the acts of nineteen hundred

and twenty-two, is hereby further amended by striking out the

paragraph contained in lines six to fourteen, inclusive, and in-

Sittings of serting in place thereof the following: — Berkshire, at Pittsfield,

in°Berksh'ire the first Tucsday of each month except August and November,

county. j^j^(j ^i^g Wednesday next after the first Monday of November;

at Great Barrington, the third Tuesdays of February, March,

September and December; at Adams, the third Tuesdays of

May, July and October; at North Adams, the third Tuesdays

of January, April, June and November.

Jff^t "^ ^''"''"'^ Section 2. This act shall take effect January first, nineteen

hundred and twenty-four. Approved April 30, 1923.

Chap.326 ^^ ^C'^ fixing the salary of the justice of the district

COURT of NANTUCKET.

Be it enacted, etc., as follows:

G. L. 218, § "7, Section 1. Chapter two hundred and eighteen of the Gen-
eral Laws is hereby amended by striking out section seventy-
Salaries of seven and inserting in place thereof the following : — ■ Section 77.
distHct courts ^hc salaries of the justices of the district courts of Dukes County
of Dukes and and of Nautuckct shall be, respectively, one thousand and twelve
counties. hundred dollars.

Acts, 1923. — Chaps. 327, 328. 291

Section 2. This act shall take cfTcct upon its acceptance by To be sub-
the county commissioners of the county of Nantucket; provided, Jacket county'
that such acceptance occurs prior to December thirty-first in
the current year. Approved April 30, 1923.

commissioners.
Proviso.

An Act authorizing the city of new Bedford to dispose (7/j(X2?.327

OF SEWAGE FROM A PART OF THE TOWN OF ACUSHNET, AND
THE TOWN OF ACUSHNET TO DISPOSE OF SEWAGE FROM A
PART OF THE CITY OF NEW BEDFORD.

Be it enacted, etc., as follows:

Section 1 . The city of New Bedford may allow the town of City of New
Acushnet to connect sewers or drains that may be built in that dispose of
part of said town where the topography renders said city the pa^ 11 towri of
natural drainage point for the same, with the sewer system of Acushnet.
said city in a manner approved by the proper officials of said
city and may charge for this service such amount as shall be
agreed upon by said city and town.

Section 2. The town of Acushnet may allow the city of J°^^" °f
New Bedford to connect sewers or drains that may be built in dispose of "
that part of said city where the topography renders said town pa^t o1 c^i?"of
the natural drainage point for the same, with the sewer system New Bedford.
of said toAvn in the manner approved by the proper officials of
said town and may charge for this service such amount as shall
be agreed upon by said cit}^ and town.

Section 3. This act shall take eifect upon its acceptance to be sub-
by vote of the city council of said city in accordance with the ^unc^i*of*Ni'w
provisions of its charter and by vote of said town; provided, Bedford and
that such acceptances occur prior to December thirty-first in Xcus'hnet.
the current year. For the purpose of acceptance under this sec- Proviso.
tion, this act shall take effect upon its passage.

Approved April 30, 1923.

Chap.328

An Act authorizing the city of Cambridge to pay
annuities to the widows of certain firemen killed in
the performance of their duty.

Be it enacted, etc., as follows:

Section 1 . The city of Cambridge may pay in equal monthly city of Cam-
instalments to the widow of James H. Furfey, of James M. annufti^Yo^^^
Collins and of James T. McCabe, former members of its fire widows of cer-
department who were killed while in the performance of their etc.
duty, an annuity not to exceed five hundred dollars in each case.
Any such annuity shall terminate upon the remarriage of the
annuitant.

Section 2. This act shall take effect upon its acceptance by to be sub-
vote of 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 April 30, 1923.

292

Acts, 1923. —Chaps. 329, 330, 331.

G. L. 138, § 69,
amended.

Disposition of
forfeited
liquors and
vessels.

Chav.S29 An Act relative to the disposition of forfeited liquors

AND vessels.

Be it enacted, etc., as follows:

Chapter one hundred and thirty-eight of the General Laws is
hereby amended by striking out section sixty-nine and inserting
in place thereof the following : — Section 69. Any liquor and
vessels so forfeited shall, by authority of the UTitten order of
the court or trial justice, be forwarded to the commissioner of
public safety, who upon receipt of the same shall notify said
court or justice thereof. If, in the judgment of the commissioner,
it is for the best interests of the commonwealth that such liquor
and vessels be destroyed, he shall destroy or cause the destruction
of such liquor and vessels, but if, in his judgment it is for the
best interests of the commonwealth to sell the same, he shall
cause the same to be sold, or he may deliver such liquor to any
department or agency of the commonwealth for medical, me-
chanical or scientific uses; provided, that such sale or delivery
shall be in accordance with and subject to such federal laws and
regulations as may be applicable. The proceeds of such sales
shall be paid into the treasury of the commonwealth. The
officer who serves said order of the court or justice shall be
allowed therefor fifty cents, but shall not be entitled to receive
any traveling fees or mileage on account of the service thereof.

Approved April SO, 1923.

Proviso.

Disposition of
proceeds of
sales.

Fees for cer-
tain officers.

C/iai).330 A^ ^^'^ establishing the salary OF THE COMMISSIONER OF

PUBLIC SAFETY.

G. L. 22, § 2,
amended.

Commissioner
of public
safety, ap-
pointment,
salary, etc.

Time of taking
effect.

Be it enacted, etc., as follows:

Section 1 . Section two of chapter twenty-two of the General
Laws is hereby amended by striking out, in the fourth line, the
word "five" and inserting in place thereof the word: — six, —
so as to read as follows : — Section 2. Upon the expiration of the
term of office of a commissioner, his successor shall be appointed
by the governor, with the advice and consent of the council, for
five years. The commissioner shall receive such salary, not ex-
ceeding six thousand dollars, as the governor and council de-
termine.

Section 2. This act shall not take effect until a sufficient
appropriation has been made therefor, and then as of the first
day of June in the current year. Appromd April 30, 1923.

ChaV. 331 A^ -A^"^ RELATIVE TO THE INVESTIGATION BY THE DEPARTMENT
OF MENTAL DISEASES OF THE MENTAL CONDITION OF CERTAIN
PERSONS HELD FOR TRIAL.

Be it enacted, etc., as follows:

G- L 123, Section one hundred A of chapter one hundred and twenty-

amended. ' three of the General Laws, inserted by chapter four hundred and
fifteen of the acts of nineteen hundred and twenty-one, is hereby

Acts, 1923. — Chap. 332. 293

amended by inserting at the end thereof the following: — In the
event of failure by the clerk of a district court or the trial justice
to give notice to the department as aforesaid, the same shall be
given by the clerk of the superior court after entry of the case
in said court. Upon giving the notice required by this section
the clerk of a court or the trial justice shall so certify on the
papers. The physician making such examination shall, upon
certification by the department, receive the same fees and
traveling expenses as provided in section seventy-three for the
examination of persons committed to institutions and such fees
and expenses shall be paid in the same manner as provided in
section seventy-four for the payment of commitment expenses,
— so as to read as follows: — Section 100 A. Whenever a person investigation
is indicted by a grand jury for a capital offense or whenever a of mental*'"''"*
person, who is known to have been indicted for any other offense ^^^^^f ^ondi-
more than once or to have been previously convicted of a felony, tion of certain
is indicted by a grand jury or bound over for trial in the superior ^r trfal ^
court, the clerk of the court in which the indictment is returned,
or the clerk of the district court or the trial justice, as the case
may be, shall give notice to the department of mental diseases,
and the department shall cause such person to be examined with
a view to determine his mental condition and the existence of
any mental disease or defect which would affect his criminal
responsibility. The department shall file a report of its investi- ^1^^ derkTf"'^*
gation with the clerk of the court in which the trial is to be held, court, etc
and the report shall be accessible to the court, the district
attorney and to the attorney for the accused, and shall be ad-
missible as evidence of the mental condition of the accused. In Faijure of
the event of failure by the clerk of a district court or the trial partment, etc.
justice to give notice to the department as aforesaid, the same
shall be given by the clerk of the superior court after entry of the
case in said court. Upon giving the notice required by this sec-
tion the clerk of a court or the trial justice shall so certify on the
papers. The physician making such examination shall, upon Fees and
certification by the department, receive the same fees and phy'Ljcfan"
traveling expenses as provided in section seventy-three for the ^^mmation
examination of persons committed to institutions and such fees
and expenses shall be paid in the same manner as provided in
section seventy-four for the payment of commitment expenses.

Ajjproved April 30, 1923.

An Act authorizing the Berkshire loan and trust com- (7/ia2?.332

PANY to hold additional REAL ESTATE IN THE CITY OF
PITTSFIELD.

Be it enacted, etc., as folloics:

The Berkshire Loan and Trust Company, incorporated by Berkshire Loan
chapter one hundred and sixty-five of the acts of eighteen hun- company may
dred and ninety-five and having its usual place of business in the J'e'LVestate'in"*'
city of Pittsfield may, subject otherwise to the provisions of sec- city of
tion forty-one of chapter one hundred and seventy-two of the
General Laws, as amended by chapter three hundred and
twenty-one of the acts of nineteen hundred and twenty-two, and

294 Acts, 1923. — Chaps. 333, 334.

to the approval of the commissioner of banks, hold real estate
in said city suitable for and to be used in whole or in part for
the transaction of its business to an amount, including the cost
of alterations and additions in the nature of permanent fixtures,
not exceeding, directly or indirectl}^, one hundred and fifty
thousand dollars in addition to the amount permitted by said
section forty-one, amended as aforesaid, to be held by said trust
company at the time this act takes effect.

Approved April 30, 1923.

Chap.SSS An Act relative to the membership of the employees

OF the NORFOLK COUNTY TUBERCULOSIS HOSPITAL AND OF
THE NORFOLK COUNTY AGRICULTURAL SCHOOL IN THE NORFOLK
COUNTY RETIREMENT ASSOCIATION.

Be it enacted, etc., as follows:

pioyeest™be SECTION 1. Evcry permanent employee of the Norfolk

deemed to have couuty tubcrculosis liospital and of the Norfolk county agri-
bers of Norfolk Cultural school, cxccpt teachers in said school, on July first,
meirt liocur- nineteen hundred and twenty-three shall be deemed to become
tion, etc. a member of the Norfolk county retirement association, estab-

lished under chapter six hundred and thirty-four of the acts of
nineteen hundred and eleven, on said July first unless he shall
have, before the expiration of thirty days after this act takes
full effect, sent written notice to the county commissioners of
said county that he does not wish to join said association, but
he shall be exempt from the making of deposits to the annuity
and pension fund of said association required by section twenty-
four of chapter thirty-two of the General Laws to cover the
period between July first, nineteen hundred and twelve and
July first, nineteen hundred and twenty-three.
Said em- SECTION 2. Said employees shall otherwise be subject to all

ployees to be . . i. • i i i • i • i i • i

subject to the provisions oi said chapter thirty -two applicable to said asso-

vlsions oflaw, ciatiou and to the members thereof, and the benefits payable to
^tc- such employees under the provisions of section twenty-five of

said chapter shall be based on the deposits made by said em-
ployees from and after July first, nineteen hundred and twenty-
three.
To be sub- SECTION 3. This act shall take effect upon its acceptance by

mitted to , . . , (• A.T !• 11 • 1 1

Norfolk county the couuty coiiimissioners ot the county oi rsioriolk; provided,
p Tv^ 0*'°"'^'^^ ^^^^ ^^^^^ acceptance occurs prior to July first in the current year.
But for the purpose of its submission for acceptance, this act
shall take effect upon its passage. Approved April 30, 1923.

Chap.3S4L An Act relative to the inspection of dams and reser-
voirs.

Be it enacted, etc., as folloivs:

G. L 35 § 26, Section 1. Section twenty-six of chapter thirty-five of the
General Laws is hereby amended by inserting after the word
"buildings" in the twenty-fourth line the words: — , and shall
also state what reservoirs, reservoir dams and mill dams have
been examined by them under section forty-five of chapter two

Acts, 1923. — Chap. 334. 295

hundred and fifty-three, — so as to read as follows: — Section a mmai report
26. Immediately after January tenth, the county commissioners mi^ionersl"""'
shall amiuall\- prepare a report on county affairs, showing their contents, etc.
acts during the year preceding, so as to gi^'e the taxpayers of
the county a full and clear understanding of its affairs and of the
objects and methods of county expenditures. They shall state
specifically what petitions relating to highways have been re-
ceived, and what liighways have been laid out, altered, relocated
or discontinued, the manner of their alteration or new construc-
tion, the time of their intended completion, what have been
completed, at what cost and at whose expense, and what remain
to be completed, what damages or betterments have been
awarded or estimated and to or against whom, what damages
have been paid or betterments collected, and what suits are
pending in relation thereto. They shall also state what high-
ways have been laid out under orders stating that betterments
are to be assessed, their action relative to public and private
ways, what applications relative to state highways they have
made to the department of public works, and, so far as ascertain-
able, what highways have been laid out within the county by
said department, what have been constructed and at what ex-
pense, what sums expended by the commonwealth in the county
for highways have been repaid by said county, what sums remain
to be paid, and when. They shall also make a detailed state-
ment of the repairs upon the several county buildings, stating
separately the work done by contract and by day, and the
money paid, and the liabilities incurred in the construction of
new buildings, and shall also state what reservoirs, reservoir
dams and mill dams have been examined by them under section
forty-five of chapter two hundred and fifty-three. They shall
present a table showing the salaries paid to county officers,
stating separately those prescribed by law, a statement of the
county debt, giving the date when each obligation will mature
and the rate of interest, stating separately the loans made in
anticipation of taxes and permanent loans, a statement of the
amount of county taxes due and unpaid, and a list of the assets
of the county, including land, buildings, law library, furniture
in court houses, jails and other public buildings.

Section 2. Section forty-five of chapter two hundred and ^^Jn^fe^J' ^ *^'
fifty-three of the General Laws is hereby amended by striking
out, in the second line, the word "three" and inserting in place
thereof the word : — two, — and by striking out, in the same
line, the words "if in their judgment the public good requires
it,", — so as to read as follows: — Section J^o. The county com- County com-
missioners shall, as often as once in two years, thoroughly Cl^pect'd^ams
examine every reservoir, reservoir dam and mill dam, by the and reservoirs,
breaking of which loss of life or damage to a road or bridge is
likely to be caused, and they shall at any time make such exami-
nation upon written application by the aldermen of the city or
selectmen of the town where such damage is likely to be caused
or by a person whose property is likely to be so damaged. Such
examination shall be made after notice to the owner of such
reservoir or dam or to his agent and, if made upon such applica-

296

Acts, 1923. — Chap. 335.

tion, it shall be by the comiuissioners personally with the aid of
a competent engineer. In other cases, the commissioners may
cause it to be made by a competent engineer, who shall report
to them in writing whether he considers it safe and in good
condition and, if not, its condition in detail and the work or
change required for safety and the public good. The engineer
shall be allowed by the commissioners a reasonable compensa-
tion for his services, which shall be paid by the county.

Approved April 30, 1923.

Ch(iv.3S5 An Act permitting motor vehicles to be equipped with

A PARKING LIGHT, SO-CALLED, WHEN NOT IN MOTION.

Be it enacted, etc., as follows:

G. L. 90, § 7.
etc., amended

Brakes and
other equip-
ment.

Section seven of chapter ninety of the General Laws, as
amended by chapters one hundred and eighty-nine, four hun-
dred and thirty-four and four hundred and eighty-three of the
acts of nineteen hundred and twenty-one and by section two of
chapter three hundred and forty-two of the acts of nineteen hun-
dred and twenty-two, is hereby further amended by inserting
after the word "tint" in the twenty-first line the words: — , or,
if parked within the limits of a way, one white light on the
side of the automobile nearer the centre of the way, — by in-
serting after the word "shall" in the thirtieth line the words: —
in all cases aforesaid, — and by inserting after the word " pro-
ceeding" in the thirty-second line, the words: — or facing,—
Motor vehicles. SO as to read as follows : — Section 7. Every motor vehicle of
more than ten horse power operated in or on any way shall be
provided with at least two brakes, powerful in action and sepa-
rated from each other, of which one brake shall act directly on
the driving wheels or on parts of the mechanism which are
firmly connected with said wheels. Each of the two brakes shall
suffice alone to stop the motor vehicle within a proper distance.
One of the two brakes shall be so arranged as to be operated
with the foot. Every automobile of not more than ten horse
power and every motor cycle shall be provided with at least one
brake. Every motor vehicle so operated shall be provided with
a muffler or other suitable device to prevent unnecessary noise
and with a suitable bell, horn or other means of signalling, and
with suitable lamps; and automobiles shall be provided with a
lock, a ratchet brake which can be set, a key or other device to
prevent such vehicle from being set in motion by unauthorized
persons, or otherwise, contrary to the will of the owner or person
in charge thereof. Every automobile operated during the period
from one half an hour after sunset to one half an hour before
sunrise shall display at least two white lights, or lights of yellow
or amber tint, or, if parked within the limits of a way, one
white light on the side of the automobile nearer the centre of
the way, and every motor cycle so operated at least one white
light, or light of yellow or amber tint, and every such motor
cycle with a side-car attached, in addition, one such light on the
front of the side-car, and every motor truck, trailer and com-
mercial motor vehicle used solely as such, having a carrying

Lights.

Parking lights.

Acts, 1923. — Chap. 336. 297

capacity of three tons or o^•er, in addition, a green light attached

to the extreme left of the front of such \eliicle, so attached and

adjusted as to indicate the extreme left lateral extension of the

vehicle or load, which shall in all cases aforesaid be visible not

less than two hundred feet in the direction toward which the

vehicle is proceeding or facing; and every such motor vehicle

shall display at least one red light in the reverse direction. Every

automobile so operated shall have a rear light so placed as to

show a red light from behind and a white light so arranged as to

illuminate and not obscure the rear register number. No head- i^®g^'^™^ ,j„j

lamp shall be used upon any motor vehicle so operated unless rear lamps,*

such lamp is equipped with a lens or other device, approved by rfg'istor, etc.

the registrar, designed to prevent glaring rays. No rear lamp

shall be used upon any motor vehicle so operated unless approved

by the registrar. Application for the approval of a lens, or other

device, or of a rear lamp, accompanied by a fee of fifty dollars,

may be made to the registrar by any manufacturer thereof or

dealer therein. Every automobile used for the carriage of Mirrors or

passengers for hire, and every commercial motor vehicle or

motor truck, so constructed, equipped or loaded that the person

operating the same is prevented from having a constantly free

and unobstructed view of the highway immediately in the rear,

shall have attached to the vehicle a mirror or reflector so placed

and adjusted as to afford the operator a clear, reflected view of

the highway in the rear of the vehicle.

Approved April 30, 1923.

reflectors.

An Act relative to the cancellation of insurance

policies.

C/iap.336

Be it enacted, etc., as follows:

Section 1. Chapter one hundred and seventy-five of the g. l. 175, new
General Laws is hereby amended by inserting after section one f igy'^fe'tc*!^'^
hundred and eighty-seven A, inserted by chapter four hundred
and eight of the acts of nineteen hundred and twenty-two, the
three following new sections: — Section 187B. A company, or Penalty for
any officer, agent or employee thereof, having actual knowledge ^nsura^ncfcom^-
that the insured under any policy of insurance has paid the panics or
premium thereon to the company, or to its agent who issued etc. '!''t hereof" ^'
the policy, or to the duly licensed insurance broker who ne- wjt'h "ancenr-
gotiated it or its continuance or renewal, who cancels or offers tion of insur-
or attempts to cancel any such policy, which provides for ^""^^ ^° "^"'*'
cancellation by the company upon giving written notice and
paying or tendering to the insured a return premium, without
paying or tendering to him with said notice the full return
premium thereunder according to its terms without any deduc-
tions, or who refuses to pay or tender to the insured the full
return premium according to its terms without any deductions
upon demand after cancellation by the insured of any such
policy which provides for cancellation by the insured and for
the payment to him of a return premium, or who refuses to pay
or tender to the insured the full return premium according to
the terms of the policy without any deductions, upon demand

298

Acts, 1923. — Chap. 336.

Cancellation of
certain insur-
ance policies,
how effected.

Check to be
deemed suf-
ficient tender,
etc.

Prima facie
evidence of
cancellation.

Notice if policy
is payable to
person other
than insured.

Cancellation by
insured upon
notice to
company, etc.

Penalty for
false affidavit,
etc.

Application of
this section
limited, etc.

Cancellation of
policies by
company upon
notice to
insured, etc.

after the full return premium has been ascertained, in the case
of such a policy which provides for cancellation by the company
upon written notice without paying or tendering the return
premium until it has been ascertained, or upon demand after
cancellation in the case of such a policy which provides for
cancellation by the company upon giving written notice and
for the payment of the return premium upon demand after
cancellation, shall be punished for the first offence by a fine of
not less than fifty nor more than two hundred dollars and for
each subsequent offence by a fine of not less than one hundred
nor more than five hundred dollars and by imprisonment for not
more than six months. Section 1S7C. A company issuing any
policy of insurance which is subject to cancellation by the com-
pany shall effect cancellation by serving the notice thereof pro-
vided by the policy and by paying or tendering, except as pro-
vided in this and the following section, the full return premium
due thereunder in accordance with its terms without any de-
ductions. Such notice and return premium, if any, shall be
delivered in hand to the insured, or be left at his last address as
shown by the company's records or, if its records contain no
such address, at his last business, residence or other address
known to the company, or be forwarded to said address by regis-
tered mail, postage prepaid. A check of the company or its
duly authorized agent shall be deemed a sufficient tender. The
affidavit of any officer, agent or employee of the company, duly
authorized for that purpose, that such notice has been served
and such return premium, if any, has been paid or tendered, as
provided in this section, shall be prima facie evidence that
cancellation has been duly effected.

If a policy is made payable to a mortgagee or any person other
than the insured, notice shall be given as above provided to the
payee as well as to the insured.

Policies subject to cancellation by the insured upon giving
notice to the company may be cancelled by serving such notice
in the manner herein provided upon the company or upon its
agent who issued the policy.

Whoever knowingly and wilfully makes a false affidavit under
this section shall be punished by a fine of not less than one hun-
dred nor more than one thousand dollars or by imprisonment
for not more than one year.

This section shall not apply to nor be deemed to prevent the
termination of any policy by mutual consent of the parties, nor
shall it require the payment or tender of a return premium upon
the cancellation of a policy which provides for the payment of
a return premium when ascertained or upon demand after
cancellation. Section 187D. A company issuing any policy of
insurance which provides for cancellation by the company upon
giving written notice to the insured and for the payment or
tender to the insured of a return premium at any time either
before, at or after cancellation, may cancel such policy by giving
the notice provided therein in the manner prescribed by section
one hundred and eighty-seven C without tendering or paying
at any time or in any case any return premium thereon, if the

Acts, 1923. —Chaps. 337, 338. 299

insured has not prior to tlie date of such notice, actually paid
the premium thereon either to the company, or to its agent who
issued the policy, or to the duly licensed insurance broker who
negotiated it or its continuance or renewal.

Section 2. Section one hundred and three of said chapter g. l. 175, § los,
one hundred and seventy-five is hereby repealed. repealed.

Approved April 30, 1923.

An Act relative to the records kept by certain

hospitals.

Chap.3S7

Be it enacted, etc., as follows:

Section seventy of chapter one hundred and eleven of the g. l. 111, § 70,
General Laws is hereby amended by adding at the end thereof ''"tended.
the following: — Section ten of chapter sixty-six shall not apply Certain
to such records provided that upon proper judicial order, keep'records
whether in connection with pending judicial proceedings or of cases, etc
otherwise, or upon order of the head of the state department proviso.
having supervision of such hospital, and in compliance with the
terms of said order, such records may be inspected and copies
furnished on payment of a reasonable fee.

Approved April 30, 1923.

An Act restricting the incurring of debt by cities and (JJkij) 333
towns within the statutory debt limit.

Be it enacted, etc., as folloios:

Section seven of chapter forty-four of the General Laws is g. l. 44, § 7,
hej-eby amended by inserting after the word "specified" in the ^'"'^n'^ed.
third line the following : — , provided that as to each such pur-
pose, except those described in paragraphs (15), (16) and (17),
only such sum may in any year be authorized to be borrowed
as exceeds twenty-five cents per one thousand dollars of the
valuation of the city or town for the preceding year, — and by
striking out paragraph (11) and inserting in place thereof the
following: — (11) For the cost of additional departmental equip-
ment, five years, — so as to read as follows: — Section 7. Cities Purposes for
and towns may incur debt, within the limit of indebtedness rnrt^'owns^ay
prescribed in section ten, for the following purposes, and payable ^t°7°t^/'^ebt
within the periods hereinafter specified, provided that as to limit.
each such purpose, except those described in paragraphs (15), Proviso.
(16) and (17), only such sum may in any year be authorized to
be borrowed as exceeds twenty-five cents per one thousand dol-
lars of the valuation of the city or town for the preceding year:

(1) For the construction of sewers for sanitary and surface
drainage purposes and for sewage disposal, thirty years.

(2) For acquiring land for public parks or public domain
under chapter forty-five, thirty years; but no indebtedness in-
curred for public domain shall exceed one half of one per cent
of the last preceding assessed valuation of the city or town.

(3) For acquiring land for any purpose for which a city or
town is or may hereafter be authorized to acquire land, not
otherwise herein specified, and for the construction of buildings

300 Acts, 1923. —Chap. 339.

which cities and towns are or may hereafter be authorized to
construct, including the cost of original equipment and furnish-
ing, twenty years.

(4) For the construction of additions to schoolhouses or
buildings to be used for any municipal purpose, including the
cost of original equipment and furnishings, where such additions
increase the floor space of said buildings, twenty years.

(5) For the construction of bridges of stone or concrete, or of
iron superstructure, twenty years.

(6) For the original construction of public ways or the ex-
tension or widening thereof, including land damages and the
cost of pavement and sidewalks laid at the time of said con-
struction, ten years.

(7) For the construction of stone, block, brick or other perma-
nent pavement of similar lasting character, ten years.

(8) For macadam pavement or other road material under
specifications approved by the division of highways, five years.

(9) For the construction of walls or dikes for the protection
of highways or property, ten years.

(10) For the purchase of land for cemetery purposes, ten
years.

(11) For the cost of additional departmental equipment, five
years.

(12) For the construction of sidewalks of brick, stone, con-
crete or other material of similar lasting character, five years.

(13) For connecting dwellings or other buildings with common
sewers, when the cost is to be assessed in whole or in part on the
abutting property owners, five years.

(14) For the abatement of nuisances in order to conserve the
public health, five years,

(15) For extreme emergency appropriations involving the
health or safety of the people or their property, five years.

(16) For the payment of final judgments rendered after the
fixing of the tax rate for the current year, one year.

(17) For such other emergency appropriations as shall be
approved by a board composed of the attorney general, the state
treasurer and the director, one year.

Debts may be authorized under this section only by a two
thirds vote. Approved April 30, 1923.

Chap, 339 An Act relative to the venue of certain specific cr:imes.

Be it enacted, etc., as follows:

^ctkJnsff'ter'^ Chapter two hundred and sixty-five of the General Laws is
§ 24. hereby amended by inserting after section twenty-four the fol-

Venueof lowing ncw scction: — Section 2AA. If, in connection with the

certain n i • • c • i -i i •

specific alleged commission of a crime described m section twenty-two,

crimes. twcnty-threc or twenty-four, the female against whom said

crime is alleged to have been committed has been conveyed from
one county or judicial district into another, said crime may be
alleged to have been committed, and may be prosecuted and
punished, in the county or judicial district where committed or
from which such female was so conveyed.

Approved May 1, 1923.

Acts, 1923. —Chaps. 340, 341. 301

An Act relative to the venue of crimes in general. Qhnjy qaq

Be it enacted, etc., as follows:

Chapter two hundred and seventy-seven of the General Laws g. l. 277,
is hereby amended by inserting after section fifty-seven the fol- "fterTs*?""
lowing new section: — Section 57 A. A defendant shall not be venueof
discharged for want of jurisdiction if the evidence discloses that g""erai'"
the crime with which he is charged was actually committed
without the county or the territorial jurisdiction of the court
in which he is being tried; provided, that the attorney general Proviso.
or the district attorney petitions to the court before proceeding
with the trial for leave to proceed, stating that he is in doubt
from the state of the evidence then in his possession as to whether
or not the crime was committed within the county or the terri-
torial jurisdiction of the court, and the court after hearing said
petition orders the trial to proceed. Approved May 1, 1923.

Chap.341

An Act establishing the housatonic fire and water
district in the town of great barrington.

Be it enacted, etc., as follows:

Section 1. The inhabitants of the town of Great Barrington Housatonic
residing in precinct B of said town are hereby made a body J^^ ^^^. .
corporate by the name of the Housatonic Fire and Water Dis- established.
trict, for the purpose of supplying said district with water for
the extinguishment of fires and for domestic and other purposes.
Said district may construct sidewalks, including curbstones, upon M^y construct,
the public streets and highways of said district, and may repair ^^c, sidewalks,
the same, and may construct and maintain in said district such common
main drains and common sewers as it shall by vote adjudge to ^'^^®''^' ''*^*'-
be necessary for the public convenience or public health, but no
work shall be done on or in the streets of the town of Great
Barrington by the officers of said district except with the ap-
proval of the board of selectmen of said town. All general laws subject to
now or hereafter in force relating to fire and water districts and certain general
relating to the construction of sidewalks and sewers by towns,
except as herein provided, shall apply to said district.

Section 2. For the purposes aforesaid, said district, acting May take
by and through its board of water commissioners hereinafter waters, etc.
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, not already acquired for public uses,
by means of driven, artesian or other wells, within the limits of
the town of Great Barrington; provided, that the amount of Proviso.
water which shall be tajien shall from time to time be determined
by vote of the district. For the purposes aforesaid, said district, May take
acting by and through said water commissioners, may also so lands, etc.
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, Proviso.

302

Acts, 1923. —Chap. 341.

May construct
dams, reser-
voirs, etc.

Requirements
for entry
upon railroad
locations.

May purchase
franchise,
etc., of
Housatonic
Water Works
Company.

May issue
bonds, etc.

Housatonic
Fire and
Water District
Loan, Act
of 1923.

Payment of
loana.

that no source of water supply and no lands necessary for pre-
serving 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 establish-
ment 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 maintain
aqueducts, conduits, pipes and other works, under or over any
lands, water courses, railroads, railw^ays and public or other
ways, and along such ways in the town of Great Barrington in
such manner as not unnecessarily to obstruct the same. For
the purpose of constructing, laying, maintaining, operating 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 said town. Said
district shall not enter upon, construct or lay any conduits, pipes
or other works within the location of any railroad corporation,
except at such time and in such manner as it may agree upon
with such corporation, or, in case of failure so to agree, as may
be approved by the department of public utilities. Subject to
and in accordance with the provisions of section nine of chapter
two hundred and sixty-two of the acts of eighteen hundred and
eighty-four, and acts in amendment thereof and in addition
thereto, said district may purchase the franchise, corporate
property and all the rights and privileges of the Housatonic
Water Works Company, incorporated by chapter two hundred
and twenty-nine of the acts of eighteen hundred and ninety-
seven.

Section 3. For the purpose of paying the necessary ex-
penses and liabilities incurred under the provisions of this act,
the said district may borrow from time to time such sums as
may be necessary, not exceeding, in the aggregate, one hundred
fifty thousand dollars, and may issue bonds or notes therefor,
which shall bear on their face the words, Housatonic Fire and
Water District Loan, Act of 1923. Each authorized issue shall
constitute a separate loan, and such loans shall be payable in
not more than thirty years from their dates. Indebtedness in-
curred under this act shall be subject to chapter forty-four of
the General Laws.

Section 4. The said district shall, at the time of authorizing
the said loan or loans provide for the payment thereof in ac-
cordance with section three; and when a vote to that effect has
been passed, a sum which, with the income derived from water

Acts, 1923. —Chap. 341. 303

rates, will be sufficient to pay the annual expense of operating
the water works and interest as it accrues on bonds or notes
issued as aforesaid and to make such payments on the principal
as maN^ be required under this act, shall, without further vote,
be assessed upon the said district by the assessors of the town
of Great Barring^ton annually thereafter, until the debt incurred
by said loan or loans is extinguished.

Section 5. Any land taken or acquired under this act shall T>and taken.
be managed, improved and controlled by the board of water managed, etc.,
commissioners hereinafter provided for, in such manner as it wate?^'^'*"^
shall deem for the best interest of the district. commissioners.

Section 6. Any person injured in his property by any action injuries to
of said water commissioners under this act may recover damages feco'vlr^ of
from said district under said chapter seventy-nine; provided, damages, etc.
that the right to damages for the taking of any water or water Proviso.
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 7. Whenever a tax is duly voted by said district Assessment
for the purposes of this act, the clerk shall send a certified copy o"taxes.^'^*'""
of the vote to the assessors of the town of Great Barrington 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 assessments 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 district. The district
may collect interest on overdue taxes in the same manner in
which interest is authorized to be collected on town taxes.

Section 8. A meeting of the voters of precinct B in said First meeting,
town shall be called, on petition of ten or more legal voters in et°c^*'^ ^ '
said precinct, by a warrant from the selectmen of said town, or
from a justice of the peace, directed to one of the petitioners,
requiring him to give notice of the meeting by posting copies of
the warrant in two or more public places in the district seven
days at least before the time of the meeting. One of the pe-
titioners 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 Question of
of this act shall be submitted to the voters, and if it shall be ac- HT^ct!^'^'^ °^
cepted 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 9. Said district shall, at the same meeting at which District clerk,
this act is accepted and after such acceptance, elect by ballot a frealurer and
district clerk and a district treasurer, who may be the same board of water

1 J 1 rr- ,•^ n ji , !• Commissioners,

person, to hold oince until one year from the next succeedmg election,
annual meeting, and at each annual meeting after the first, their p^*^"''^' *^*'*=-
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,

304

Acts, 1923. —Chap. 341.

Vacancy in
board, etc.

Commissioners
to fix water
rates, etc.

Net surplus,
how used.

Annual report.

Adoption of
by-laws,
calling of
meetings, etc.

To have
certain rights,
etc.

Penalty for
polluting
water, etc.

Time of taking
effect, etc.

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 otherwise specifically provided 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 occurring
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 10. 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 construction as said commissioners
may determine upon, and in case a surplus should remain after
paj^ment for such new construction the water rates shall be
reduced proportionately. No money shall be expended in new
construction by said commissioners except from the net surplus
aforesaid, unless the district appropriates and provides money
therefor. All authority vested in said commissioners by the
foregoing provisions of this section shall be subject to the pro-
visions of section nine. Said commissioners shall annually, and
as 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 ex-
penditures.

Section 11. Said district may adopt by-laws prescribing
by whom and how meetings may be called and notified; and
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 eight. Said district maj^ also choose
such other officers, not provided for in this act, as it may deem
necessary or proper. Said district shall have all the rights and
privileges conferred by law upon water districts and fire dis-
tricts.

Section 12. Whoever wilfully or wantonly corrupts, pollutes
or diverts any water obtained or supplied under this act, or wil-
fully 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 conviction of any 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 13. For the purpose of its submission for acceptance,
this act shall take effect upon its passage; but it shall be void

Acts, 1923. — Chap. 342.

305

unless such acceptance occurs within three years after its passage
and the district, under its pro\isions, shall begin the distribution
of water within four years after its passage.

Approved May 1, 1923.

An Act making appropriations for the maintenance of Qlidjj 342

CERTAIN COUNTIES, FOR INTEREST AND DEBT REQUIREMENTS,
FOR CERTAIN PERMANENT IMPROVEMENTS, AND GRANTING
A COUNTY TAX FOR SAID COUNTIES.

Whereas, The deferred operation of this act would cause sub- EinergeiKjy
stantial inconvenience, 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 following sums are hereby appropriated for
the counties hereinafter specified for the year nineteen hundred
and twenty-three. No direct drafts against the account known
as the reserve fund shall be made, but transfers from this account
to other accounts may be made to meet extraordinary or un-
foreseen expenditures upon the request of the county commis-
sioners and with the approval of the director of accounts.

Section 2.

Appropriations
for main-
tenance of
certain
counties, for
interest and
debt require-
ments, for
certain

improvements,
etc.

Item
1

12
14

Barnstable County.

For interest on county debt, a sum not exceeding
nine thousand dollars .....

For reduction of county debt, a sum not exceeding
twenty-eight thousand nine hundred thirty-one
dollars and sixty-two cents ....

For salaries of county officers and assistants, fixed by
law, a sum not exceeding thirteen thousand dol-
lars .........

For clerical assistance in county offices, a sum not
exceeding four thousand dollars ....

For salaries and expenses of district courts, a sum
not exceeding eleven thousand dollars .

For salaries of jailers, masters and assistants, and
support of prisoners in jails and houses of correction,
a sum not exceeding seven thousand dollars .

For criminal costs in the superior court, a sum not
exceeding five thousand dollars ....

For civil expenses in the supreme judicial and superior
courts, a sum not exceeding three thousand dol-
lars .........

For transportation expenses of county and associate
commissioners, a sum not exceeding one thousand
dollars ........

For medical examiners, inquests, and commitments
of the insane, a sum not exceeding two thousand
dollars ........

For auditors, masters and referees, a sum not ex-
ceeding one thousand dollars ....

For repairing, furnishing and improving county
buildings, a sum not exceeding three thousand dol-
lars .........

For care, fuel, lights and supplies in county buildings,
other than jails and hou-ses of correction, a sum
not exceeding seven thousand five hundred dollars .

Appropriations
$9,000 00 etc., and

county tax,
Barnstable.

28,931 62

13,000 00

4,000 00

11,000 00

7,000 00
5,000 00

3,000 00

1,000 00

2,000 00
1,000 00

3,000 00

7,500 00

306

Acts, 1923. — Chap. 342.

Appropriations,
etc., and
county tax,
Barnstable.

Item
16

19
20
23

For highways, including state highways, bridges and
land damages, a sum not exceeding forty thousand
dollars . $40,000 00

For county aid to agriculture, a sum not exceeding

six thousand dollars 6,000 00

For the infirmary, a sum not exceeding forty-two

thousand dollars 42,000 00

For miscellaneous and contingent expenses of the
current year, a sum not exceeding two thousand
dollars 2,000 00

For a reserve fund, a sum not exceeding two thousand

dollars 2,000 00

And the county commissioners of Barnstable coimty
are hereby authorized to levy as the county tax
of said county for the current year, in the manner
provided by law, the sum of one hundred thirty-
four thousand four hundred seventy-seven dollars
and ninety-seven cents, to be expended, together
with the cash balance on hand and the receipts
from other sources, for the above purposes . . 134,477 97

Appropriations,
etc., and
county tax,
Berkshire.

Berkshire County.

1 For interest on county debt, a sum not exceeding

eight thousand five hundred dollars . . . $8,500 00

3 For salaries of country officers and assistants, fixed by

law, a sum not exceeding twenty-three thousand

dollars . 23,000 00

4 For clerical assistance in county offices, a sum not

exceeding eleven thousand five hundred dollars . 11,500 00

5 For salaries and expenses of district courts, a sum

not exceeding thirty-seven thousand dollars . . 37,000 00

6 For salaries of jailers, masters and assistants, and

support of prisoners in jails and hou.ses of correction,

a sum not exceeding thirty thousand dollars . 30,000 00

7 For criminal costs in the superior court, a sum not

exceeding ten thousand dollars ■ . . . . 10,000 00

8 For civil expenses in the supreme judicial and superior

courts, a sum not exceeding eight thousand dol-
lars 8,000 00

10 For transportation expenses of count}' and a.ssociate

commissioners, a sum not exceeding one thousand

dollars . 1,000 00

11 For medical examiners, inquests, and commitments of

the insane, a sum not exceeding four thousand five

hundred dollars 4,500 00

12 For auditors, masters and referees, a sum not exceed-

ing two thousand dollars ..... 2,000 00

14 For repairing, furnishing and improving county

buildings, a sum not exceeding ten thousand dol-
lars 10,000 00

15 For care, fuel, lights and supplies in county buildings,

other than jails and houses of correction, a sum

not exceeding twelve thousand dollars . . . 12,000 00

16 For highways, including state highways, bridges and

land damages, a sum not exceeding ninety-three

thoasand dollars 93,000 00

16a For a road tractor, a sum not exceeding seven thou-
sand dollars 7,000 00

17 For law libraries, a sum not exceeding one thousand

dollars . . 1,000 00

18 For trainings school, a sum not exceeding one thou-

sand five hundred dollars ..... 1,500 00

19 For county aid to agriculture, a sum not exceeding

twelve thousand dollars ..... 12,000 00

Acts, 1923. — Chap. 342.

307

Item

20
21

22
23

For the sanatorium (Hampshire County), a sum not
exceeding five hundred dolhirs ....

For the care and maintenance of Greylock state
reservation, a sum not exceeding five thousand
five hundred dollars ......

For the care and maintenance of Mount Everett state
reservation, a sum not exceeding two thousand dol-
lars .........

For pensions, a sum not exceeding two thousand dol-
lars .........

For miscellaneous and contingent expenses of the
current year, a sum not exceeding seven thousand
dollars ........

For a reserve fund, a sum not exceeding five thousand
dollars ........

And the county commissioners of Berkshire county
are hereby authorized to levy as the county tax of
said county for the current year, in the manner
provided by law, the sum of two hundred sixty-
nine thousand three hundred ninety-seven dollars
and ten cents, to be expended, together with the
cash balance on hand and the receipts from other
sources, for the above purposes ....

Appropriations,
$500 00 etc., and

county tax,
Berkshire.

ri/^ioo 00

2,000 00
2,000 00

7,000 00
5,000 00

269,397 10

12
14

Bristol County.

For interest on county debt, a sum not exceeding
thirty thousand dollars .....

For reduction of county debt, a sum not exceeding
seventy-one thousand dollars ....

For salaries of county officers and assistants, fixed by
law, a sum not exceeding thirty-eight thousand
dollars ........

For clerical assistance in county offices, a sum not ex-
ceeding forty-eight thousand dollars

For salaries and expenses of district courts, a sum
not exceeding ninety thousand dollars .

For salaries of jailers, masters and assistants, and
support of prisoners in jails and houses of correction,
a sum not exceeding one hundred thoasand dol-
lars .........

For criminal costs in the superior court, a sum not
exceeding thirty-five thousand dollars .

For civil expenses in the supreme judicial and superior
courts, a sum not exceeding thirty thousand dol-
lars .........

For transportation expenses of county and associate
commissioners, a sum not exceeding one thousand
dollars ........

For medical examiners, inquests, and commitments
of the insane, a sum not exceeding twelve thousand
dollars .......

For auditors, masters and referees, a sum not exceed-
ing five thousand dollars .....

For repairing, furnishing and improving county
buildings, a sum not exceeding fifteen thousand
dollars ........

For care, fuel, lights and supplies in county buildings,
other than jails and houses of correction, a sum not
exceeding fifty-two thousand dollars

For highways, including state highways, bridges and
land damages, a sum not exceeding sixty thousand
dollars ........

For law libraries, a sum not exceeding seven thousand
dollars ........

Appropria-
130,000 00 tions, etc., and

county tax,
_ Bristol.

71,000 00

38,000 00
48,000 00
90,000 00

100,000 00
35,000 00

30,000 00

1,000 00

12,000 00
5,000 00

15,000 00

52,000 00

60,000 00
7,000 00

308

Acts, 1923. — Chap. 342.

Item
18

Appropriations,
etc., and
county tax,
Bristol. 19

Appropria-
tions, etc., and
county tax,
Dukes county.

509,000 00

$1,900 00

3,000 00

3,763 00

700 00

For training school, a sum not exceeding sixteen thou-
sand dollars $16,000 00

For the agricultural school, a sum not exceeding fifty

thousand dollars 50,000 00

For pensions, a sum not exceeding four thousand five

hundred dollars 4,500 00

For miscellaneous and contingent expenses of the
current year, a sum not exceeding two thousand
five hundred dollars 2,500 00

For a reserve fund, a sum not exceeding six thousand

doUars . . 6,000 00

And the coimty commissioners of Bristol county are
hereby authorized to levy as the county tax of said
county for the current year, in the manner pro-
vided by law, the sum of five hundred nine thou-
sand dollars, to be expended, together with the
cash balance on hand and the receipts from other
sources, for the above purposes ....

County of Dukes County.

For interest on county debt, a sum not exceeding one
thousand nine hundred dollars ....

For reduction of county debt, a sum not exceeding
three thousand dollars .....

For salaries of county officers and assistants, fixed by
law, a sum not exceeding three thousand seven
himdred sixty-three doUars ....

For clerical assistance in county offices, a sum not
exceeding seven hundred doUars ....

For salaries and expenses of district courts, a sum
not exceeding one thousand eight hundred dol-
lars 1,800 00

For salaries of jailers, masters and assistants, and
support of prisoners in jails and houses of correction,
a sum not exceeding six hundred dollars

For criminal costs in the superior court, a sum not
exceeding five hundred doUars . . . .

For civU expenses in the supreme judicial and superior
courts, a sum not exceeding eight hundred dol-
lars . . . . . ■ ■ ■ .

For transportation expenses of county and associate
commissioners, a sum not exceeding seventy dol-
lars . . . . . . • •

For medical examiners, inquests, and commitments
of the insane, a sum not exceeding four hundred
doUars . . . . . . .

11a For bills of the previous year of medical examiners, a
sum not exceeding one hundred forty-two doUars
and forty cents .......

12 For auditors, masters and referees, a sima not exceed-
ing three hundred doUars .....

14 For repairing, furnishing and improving county
bmldings, a sum not exceeding one thousand dol-
lars .........

For care, fuel, lights and supplies in county buUdings,
other than jails and houses of correction, a sum not
exceeding one thousand three hundred dollars

For highways, including state highways, bridges and
land damages, a sum not exceeding five thousand
doUars ........

For pensions, a sum not exceeding two hundred and
forty doUars . . .

For misceUaneous and contingent expenses of the
current year, a sum not exceeding five himdred
doUars 500 00

600 00

500 00

800 00

70 00

400 00

142 40

300 00

1,000 00

1,300 00

5,000 00

240 00

Acts, 1923. — Chap. 342.

309

Item

For a reserve fund, a sum not exceeding three hundred
and fifty dollars ......

And the county commissioners of the county of Dukes
County are hereby authorized to levy as the county
tax of said county for the current year, in the
manner provided by law, the sum of nineteen
thousand four hundred sixty-two dollars and sixty-
one cents, to be expended, together wath the cash
balance on hand and the receipts from other sources,
for the above purposes .....

Appropriations,
$350 00 etc., and

county tax,
Dukes county.

19,462 61

Essex County.

1 For interest on county debt, a sum not exceeding

fifty-five thousand dollars .....

2 For reduction of county debt, a sum not exceeding

one hundred sixty-six thousand dollars

3 For salaries of count}^ officers and assistants, fixed by

law, a sum not exceeding fifty thousand dollars

4 For clerical assistance in county offices, a sum not ex-

ceeding seventy-eight thousand dollars

5 For salaries and expenses of district courts, a sum not

exceeding one hundred forty-three thousand five
hundred dollars ......

6 For salaries of jailers, masters and assistants, and

support of prisoners in jails and houses of connection,
a sum not exceeding sixt3'-five thousand four hun-
dred dollars .......

7 For criminal costs in the superior court, a sum not

exceeding seventy-five thousand dollars

8 For civil expenses in the supreme judicial and superior

courts, a sum not exceeding seventy thousand dol-
lars .........

9 For trial justices, a sum not exceeding seven thousand

dollars ........

10 For transportation expenses of covmty and associate

commissioners, a sum not exceeding one thousand
two hundred dollars ......

11 For medical examiners, inquests, and commitments

of the insane, a sum not exceeding thirteen thou-
sand five himdred dollars .....

12 For auditors, masters and referees, a sum not exceed-

ing twelve thousand dollars ....

14 For repairing, furnishing and improving county

buildings, a sum not exceeding thirty thousand dol-
lars .........

15 For care, fuel, lights and supplies in county buildings,

other than jaUs and houses of correction, a sum
not exceeding sixty-six thousand four hundred dol-
lars . . . . . .

16 For highways, including state highways, bridges and

land damages, a sum not exceeding four hundred
thirty-nine thousand six hundred dollars

17 For law libraries, a sum not exceeding eight thousand

five hundred dollars ......

18 For training school, a sum not exceeding fifty-four

thousand dollars ......

19 For the maintenance of the independent agricultural

school, a sum not exceeding one hundred six thou-
sand six himdred dollars .....

19a For the equipment of the independent agricultural
school, a sum not exceeding four thousand five
hundred dollars ......

22 For pensions, a sum not exceeding five thousand two
himdred dollars ......

Appropria-
$55,000 00 tions, etc., and
county tax,

166,000 00 ^''''''•
50,000 00
78,000 00

143,500 00

65,400 00
75,000 00

70,000 00
7,000 00

1,200 00

13,500 00
12,000 00

30,000 00

66,400 00

439,600 00

8,500 00

54,000 00

106,600 00

4,500 00
5,200 00

310

Acts, 1923. —Chap. 342.

Appropriations,
etc., and
county tax,
Essex.

Appropria-
tions, etc., and
county tax,
Franklin.

Item

23 For miscellaneoas and contingent expense.s of the

current year, a sum not exceeding four thousand
six hundred thirty-seven dollars and seventy-two
cents ........

24 For a reserve fund, a sum not exceeding ten thousand

dollars ........

And the county commissioners of Essex county are
hereby authorized to levy as the county tax of said
county for the current year, in the manner provided
by law, the sum of one million two hundred seven-
teen thousand five hundred dollars, to be expended,
together with the cash balance on hand and the
receipts from other sources, for the above pur-
poses .......

Franklin County.

1 For interest on county debt, a sum not exceeding four

thousand five hundred dollars ....

2 For reduction of county debt, a sum not exceeding

two thousand dollars ......

3 For salaries of county officers and assistants, fixed by

law, a sum not exceeding thirteen thousand two
hundred thirty-six dollars and twenty-six cents

4 For clerical assistance in county offices, a sum not

exceeding four thousand nine hundred forty dollars

5 For salaries and expenses of district courts, a sum not

exceeding twelve thousand dollars

6 For salaries of jailers, masters and assistants, and

support of prisoners in jails and houses of correction,
a sum not exceeding seventeen thousand seven hun-
dred dollars .......

7 For criminal costs in the superior court, a sum not ex-

ceeding four thousand dollars ....

8 For civil expenses in the supreme judicial and superior

courts, a sum not exceeding nine thousand five
hundred dollars . . . . . .

10 For transportation expenses of county and associate

commissioners, a sum not exceeding two hundred
and fifty dollars . . . . .

11 For medical examiners, inquests, and commitments

of the insane, a sum not exceeding one thousand
five hundred dollars ......

12 For auditors, masters and referees, a sum not exceed-

ing one thousand dollars .....

14 For repairing, furnishing and improving county

buildings, a sum not exceeding one thousand five
hundred dollars . . . . . .

15 For care, fuel, lights and supplies in county buildings,

other than jails and houses of correction, a sum
not exceeding seven thousand dollars .

16 For highways, including state highways, bridges and

land damages, a sum not exceeding sixty thousand
dollars . . . . . . . •

16a For the examination of dams, a sum not exceeding
two thousand dollars ......

17 For law libraries, a sum not exceeding one thousand

five hundred dollars . . . . . .

19 For county aid to agriculture, a sum not exceeding

eight thousand dollars .....

20 For the sanatorium (Hampshire County), a sum not

exceeding six thousand five hundred dollars .

21 For Mount Sugar Loaf state reservation, a sum not

exceeding one thousand eight hundred dollars

$4,637 72
10,000 00

,217,500 00

$4,500 00

2,000 00

13,236 26

4,940 00

12,000 00

17,700 00

4,000 00

9,500 00

250 00

1,500 00

1,000 00

1,500 00

7,000 00

60,000 00

2,000 00

A 1,500 00

8,000 00

6,500 00

1,800 00

A Includes $1,000, clerk of coiu-t fees.

Acts, 1923. —Chap. 342.

311

Item
22

For pensions, a sum not exceeding four hundred and
eighty doUars .......

For miscellaneous and contingent expenses of the
current j-ear, a sum not exceeding four hundred
ninety-four dollars and four cents

For a reserve fund, a sum not exceeding four thousand
dollars ........

And the county commissioners of Franklin county are
hereby authorized to lev3' as the county tax of
said county for the current year, in the manner
provided by law, the sum of one hundred forty-six
thousand five hundred dollars, to be expended,
together with the cash balance on hand and the
receipts from other sources, for the above pur-
poses . . . . . . . .

Appropriations,
S480 00 etc., and

CDiinty tax,
Franklin.

494 04
4,000 00

146,500 00

Hampden County.

1 For interest on county debt, a sum not exceeding

fifteen thousand dollars . . . . .

2 For reduction of county debt, a sum not exceeding

seventeen thousand dollars ....

3 For salaries of county officers and assistants, fixed

b}- law, a sum not exceeding thirty-seven thousand
dollars ........

4 For clerical assistance in county offices, a sum not

exceeding thirty-two thousand dollars .

5 For salaries and expenses of district courts, a sum not

exceeding seventy thousand dollars

6 For salaries of jailers, masters and assistants, and

support of prisoners in jails and houses of cor-
rection, a sum not exceeding sixty thousand dol-
lars .........

7 For criminal costs in the superior court, a sum not

exceeding thirty-eight thousand dollars

8 For civil expenses in the supreme judicial and superior

courts, a sum not exceeding forty-eight thousand
dollars ........

9 For trial justices, a sum not exceeding eight hundred

dollars . . . . . . .

10 For transportation expenses of county and associate

commissioners, a sum not exceeding one thousand
dollars . . . . . . .

11 For medical examiners, inquests, and commitments

of the insane, a sum not exceeding ten thousand
dollars ........

12 For auditors, masters and referees, a sum not exceed-

ing thirteen thousand dollars . . . .

13 For building county buildings, a sum not exceeding

ten thousand dollars ......

14 For repairing, furnishing and improving county

buildings, a sum not exceeding fifteen thousand
dollars . . . . .

15 For care, fuel, lights and supplies in county buildings,

other than jails and houses of correction, a sum not
exceeding forty-five thousand dollars .
IG For highways, including state highways, bridges and
land damages, a sum not exceeding one hundred
seven thousand dollars .....

17 For law libraries, a sum not exceeding seven thousand

dollars . . . . ...

18 For training school, a sum not exceeding forty thou-

sand dollars .......

19 For county aid to agriculture, a sum not exceeding

thirty thousand dollars .....

Appropria-
515,000 00 tions, etc.. and
' county tax,

Hampden.

17,000 00

37,000 00
32,000 00
70,000 00

60,000 00
38,000 00

48,000 00
800 00

1,000 00

10,000 00
13,000 00
10,000 00

15,000 00

45,000 00

107,000 00

7,000 00

40,000 00

30,000 00

312

Acts, 1923. — Chap. 342.

Item
Appropriations, 20
etc., and
county tax,
Hanapden.

22
23

For the sanatorium (Hampshire County), a sum not
exceeding twelve thousand two hundred eighty-
three dollars and seventy-six cents . . . $12,283 76

For Mount Tom state reservation, a sum not exceed-
ing ?ix thousand five hundred dollars . . . 6,500 00

For pensions, a sum not exceeding five thousand dol-
lars 5,000 00

For miscellaneous and contingent expenses of the
current year, a sum not exceeding four thousand
thirty-five dollars and thirty-two cents . . 4,035 32

For a reserve fund, a sum not exceeding ten thousand

dollars 10,000 00

And the county commissioners of Hampden county
are hereby authorized to levy as the county tax of
said county for the current j^ear, in the manner
provided by law, the sum of four hundred forty
thousand dollars, to be expended, together with
the cash balance on hand and the receipts from
other sources, for the above purposes . . . 440,000 00

Appropria-
tions, etc., and
county tax,
Hampshire.

Hampshire County.

1 For interest on county debt, a sum not exceeding two

thousand dollars $2,000 00

2 For reduction of county debt, a sum not exceeding

seventeen thousand dollars ..... 17,000 00

3 For salaries of county officers and assistants, fixed by

law, a sum not exceeding seventeen thousand

dollars . 17,000 00

4 For clerical assistance in county offices, a sum not

exceeding six thousand five hundred dollars . . 6,500 00

5 For salaries and expenses of district courts, a sum

not exceeding eighteen thousand five hundred dol-
lars 18,500 00

6 For salaries of jailers, masters and assistants, and

support of prisoners in jails and houses of correction,

a sum not exceeding eighteen thousand dollars . 18,000 00

7 For criminal costs in the superior court, a sum not

exceeding eleven thousand dollars . . . 11,000 00

8 For civil expenses in the supreme judicial and superior

courts, a sum not exceeding five thousand dollars . 5,000 00

10 For transportation expenses of county and associate

commissioners, a sum not exceeding one thousand

dollars . . ._ . . . _. . 1,000 00

11 For medical examiners, inquests, and commitments

of the insane, a sum not exceeding three thousand

dollars 3,000 00

12 For auditors, masters and referees, a sum not exceed-

ing one thousand five hundred dollars . . . 1,500 00

13 For building county buildings, a sum not exceeding

five thousand dollars ...... 5,000 00

14 For repairing, furnishing and improving county

buildings, a sum not exceeding five thousand dol-
lars ... 5,000 00

15 For care, fuel, lights and supplies in county buildings,

other than jails and houses of correction, a sum

not exceeding eleven thousand dollars . . . 11,000 00

16 For highways, including state highways, bridges and

land damages, a sum not exceeding one hundred

thousand dollars 100,000 00

17 For law libraries, a sum not exceeding one thousand

two hundred dollars 1,200 00

19 For county aid to agriculture, a sum not exceeding

seven thousand dollars ..... 7,000 00

20 For the sanatorium, a sum not exceeding five thou-

sand dollars 5,000 00

Acts, 1923. — Chap. 342.

313

Item
21

For Mount Tom state reservation, a sum not exceed-
ing one thousand five hundred dollars .

For pensions, a sum not exceeding one thousand dol-
lars .........

For miscellaneous and contingent expenses of the
current j'ear, a sum not exceeding three thousand
dollars ........

For a reserve fund, a sum not exceeding five thousand
dollars ........

And the county commissioners of Hampshire county
are hereby authorized to levy as the county tax
of said county for the current year, in the manner
provided by law, the sum of one hundred forty-
three thousand five hundred twenty-two dollars
and twenty-four cents, to be expended, together
with the cash balance on hand and the receipts
from other sources, for the above purposes .

Appropriations,

$1,.'500 00 '^"^••f"!,

' county tax,

Hampshire.

1,000 00

3,000 00
.'5,000 00

143,-522 24

12
14

17
IS

Middlesex County.

For interest on county debt, a sum not exceeding
forty thousand dollars .....

For reduction of county debt, a sum not exceeding
twentj^-nine thousand dollars ....

For salaries of county officers and assistants, fixed
by law, a sum not exceeding sixty-four thousand
dollars ........

For clerical assistance in coimty offices, a sum not
exceeding one himdred seventy-three thousand dol-
lars .........

For salaries and expenses of district courts, a sum
not exceeding one hundred ninety thousand dol-
lars .........

For salaries of jailers, masters and assistants, and
support of prisoners in jails and houses of correction,
a sum not exceeding one hundred thirty-eight
thousand dollars ......

For criminal costs in the superior court, a sum not
exceeding one hundred forty thousand dollars

For civil expenses in the supreme judicial and superior
courts, a sum not exceeding one hundred thirty-
five thousand dollars ......

For trial justices, a sum not exceeding one thousand
dollars ........

For transportation expenses of county and associate
commissioners, a sum not exceeding one thousand
five hundred dollars ......

For medical examiners, inquests, and commitments
of the insane, a sum not exceeding twenty-five
thousand dollars ......

For auditors, masters and referees, a sum not exceed-
ing twenty thousand dollars ....

For repairing, furnishing and improving coimty
buildings, a sum not exceeding fifty-five thousand
dollars ........

For care, fuel, lights and supplies in county buildings,
other than jails and houses of correction, a sum not
exceeding one hundred thirteen thousand dollars

For highways, including state highways, bridges and
land damages, a sum not exceeding three hundred
twenty-five thoasand dollars ....

For law libraries, a sum not exceeding seven thousand
dollars ........

For training school, a sum not exceeding forty-two
thousand dollars ......

Appropria-

$40,000 00 '-'"n'^- etc., and
' founty tax,

Middlesex.

29,000 00

64,000 00
173,000 00
190,000 00

138,000 00
140,000 00

135,000 00
1,000 00

1,.500 00

25,000 00
20,000 00

55,000 00

113,000 00

325,000 00

7,000 00

42,000 00

314

Acts, 1923. — Chap. 342.

etc., and
county tax,
Middlesex.

Item
Appropriations, 18a For bills of the previous j-ear of the training school,
a sum not exceeding one thousand two hundred

dollars $1,200 00

19 For county aid to agriculture, a sum not exceeding

thirty-five thousand dollars .... 3-5,000 00

21 For Walden Pond state reservation, a sum not exceed-
ing seven thousand dollars ..... 7,000 00

22 For pensions, a sum not exceeding twenty thousand
dollars 20,000 00

23 For miscellaneous and contingent expenses of the
current year, a sum not exceeding five thousand
dollars 5,000 00

24 For a reserve fund, a sum not exceeding ten thousand
dollars . . . _ 10,000 00

And the county commissioners of Middlesex county
are hereby authorized to levy as the county tax for
the current year, in the manner provided by law,
the sum of one million two hundred eighty-five
thousand three hundred eighty dollars and twent.y-
eight cents, to be expended, together with the cash
balance on hand and the receipts from other .sources,
for the above purposes .... 1,285,380 28

Appropria-
tions, etc., and
countv tax,
Norfolk.

Norfolk County.

1 For interest on countv debt, a sum not exceeding

thirty thousand five hundred dollars . . . $30,500 00

2 For reduction of county debt, a sum not exceeding

thirty thousand nine hundred dollars . . . 30,900 00

3 For salaries of county officers and assistants, fixed by

law, a sum not exceeding thirty thousand dollars . 30,000 00

4 For clerical assistance in county offices, a sum not

exceeding forty-nine thousand dollars . . . 49,000 00

5 For salaries and expenses of district courts, a sum not

exceeding sixty-seven thoasand dollars . . 67,000 00

6 For salaries of jailers, masters and assistants, and

support of prisoners in jails and houses of correction,
a sum not exceeding thirty-eight thousand dol-
lars 38,000 00

7 For criminal costs in the superior court, a sum not

exceeding thirty-five thousand dollars . . . 35,000 00

8 For civil expenses in the supreme judicial and superior

courts, a sum not exceeding twenty-five thousand

dollars 25,000 00

10 For transportation expenses of county and associate

commissioners, a sum not exceeding two thousand

dollars . . . . . . . . 2,000 00

11 For medical examiners, inquests, and commitments

of the insane, a sum not exceeding nine thousand

dollars 9,000 00

12 For auditors, masters and referees, a sum not exceed-

ing three thousand five hundred dollars . . 3,500 00

13 For building county buildings, a sum not exceeding

twelve thousand dollars . _ . . . . 12,000 00

14 For repairing, furnishing and improving county

buildings, a sum not exceeding twelve thousand

dollars 12,000 00

15 For care, fuel, lights and supplies in county buildings,

other than jails and houses of correction, a sum

not exceeding fifty thou.sand dollars . . . 50,000 00

16 For highways, including state highways, bridges and

land damages, a sum not exceeding one hundred

sixty thousand dollars 160,000 00

16a For bridge apportionment expenses, a sum not exceed-
ing seventeen thousand dollars .... 17,000 00

Acts, 1923. — Chap. 342.

315

Item
18

19
22
23

For training school, a sum not exceeding nine thou-
sand doHars . . ■ .

For the agricultural school, a sum not exceeding
seventy-six thousand one hundred fifty dollars

For pensions, a sum not exceeding three thousand
dollars ........

For miscellaneous and contingent expenses of the
current year, a sum not exceeding six thousand
sixty-six dollars and ninety-five cents .

For a reserve fund, a sum not exceeding five thousand
dollars . . . .

And the county commissioners of Norfolk county
are hereby authorized to levy as the county tax of
said county for the current year, in the manner
provided by law, the sura of five hundred fifty-nine
thousand dollars, to be expended, together with
the cash balance on hand and the receipts from
other sources, for the above purposes .

Appropriations,
$9,000 00 etc., and

county tax,
_ „„ Norfolk.

76,150 00
3,000 00

6,066 95
5,000 00

559,000 00

Plymouth County.

1 For interest on county debt, a sum not exceeding

nineteen thousand nine hundred dollars

2 For reduction of county debt, a sum not exceeding

twenty-five thousand seven hundred fifty dol-
lars .........

3 For salaries of county officers and assistants, fixed by

law, a sum not exceeding twenty-two thousand
two hundred dollars ......

4 For clerical assistance in county offices, a sum not ex-

ceeding eighteen thousand four hundred thirty
dollars . . . . _ .

5 For salaries and expenses of district courts, a sum not

exceeding forty-one thousand dollars .

6 For salaries of jailers, masters and assistants, and

support of prisoners in jaUs and houses of correction,
a sum not exceeding seventy thousand dollars

7 For criminal costs in the superior court, a sum not

exceeding thirty-six thousand dollars . . .

8 For civil expenses in the supreme judicial and superior

courts, a sum not exceeding nineteen thousand
dollars . . . . . . . .

10 For transportation expenses of county and associate

commissioners, a sum not exceeding one thousand
one hundred dollars . . . . _ .

11 For medical examiners, inquests, and commitments

of the insane, a sum not exceeding six thousand
dollars ........

12 For auditors, masters and referees, a sum not exceed-

ing three thousand dollars .....

14 For repairing, furnishing and improving county

buildings, a sum not exceeding seven thousand
three hundred thirty-five dollars . . . .

15 For care, fuel, lights and supplies in county buildings,

other than jails and houses of correction, a sum
not exceeding sixteen thousand dollars
10 For highways, including stat« highways, bridges and
land damages, a sum not exceeding ninety-eight
thousand dollars ......

17 For law libraries, a sum not exceeding five hundred

fifty dollars . . . ._ .

18 For training school, a sum not exceeding six thousand

five hundred dollars . . . . . .

19 For county aid t« agriculture, a sum not exceeding

seven thousand five hundred dollars

Appropria-
t;19,900 00 tions etc., and
' county tax,

Plymouth.

25,750 00

22,200 00

18,430 00
41,000 00

70,000 00
36,000 00

19,000 00

1,100 00

6,000 00
3,000 00

7,335 00

16,000 00

98,000 00

550 00

6,500 00

7,500 00

316

Acts, 1923. — Chap. 342.

Appropriations,
etc., and
county tax,
Plymouth.

Item
22

For pensions, a sum not exceeding three thousand

fifteen dollars . $3,015 00

For miscellaneous and contingent expenses of the
current year, a sum not exceeding three thousand
three hundred forty-four dollars and eighty cents . 3,344 80

23a For bills of previous year for miscellaneous and con-
tingent expenses, a sum not exceeding two thousand
dollars 2,000 00

For a reserve fund, a sum not exceeding ten thousand

dollars 10,000 00

And the county commissioners of Plymouth county
are hereby authorized to levy as the covmty tax
of said county for the current year, in the manner
provided by law, the sum of three hundred sixty-
two thousand dollars, to be expended, together
with the cash balance on hand and the receipts
from other sources, for the above purposes . . 362,000 00

Appropria-
tions, etc., and
county tax,
Worcester.

Worcester County.

1 For interest on county debt, a sum not exceeding

thirteen thousand dollars . . . . . $13,000 00

3 For salaries of county officers and assistants, fixed by

law, a sum not exceeding fifty thousand dollars . 50,000 00

4 For clerical assistance in covmty offices, a sum not

exceeding sixty-five thousand dollars . . . 65,000 00

5 For salaries and expenses of district courts, a sum

not exceeding one hundred fifteen thousand dol-
lars 115,000 00

6 For salaries of jaUers, masters and assistants, and

support of prisoners in jails and houses of correction,

a sum not exceeding eighty thousand dollars . 80,000 00

7 For criminal costs in the superior court, a sum not

exceeding sixty thousand dollars . . . _ . 60,000 00

8 For civU expenses in the supreme judicial and superior

courts, a sum not exceeding fifty-five thousand

dollars 55,000 00

9 For trial justices, a sum not exceeding one thousand

dollars . 1,000 00

10 For transportation expenses of cotmty and associate

commissioners, a sum not exceeding two thousand

dollars . . 2,000 00

11 For medical examiners, inquests, and commitments

of the insane, a sum not exceeding fifteen thousand

dollars 15,000 00

12 For auditors, masters and referees, a sum not exceed-

ing twelve thousand dollars .... 12,000 00

14 For repairing, furnishing and improving comity

buildings, a sum not exceeding twenty-five thousand

doUars 25,000 00

15 For care, fuel, lights and supplies in county buildings,

other than jails and houses of correction, a sum

not exceeding forty-five thousand dollars . . 45,000 00

16 For highways, including state highways, bridges and

land damages, a sum not exceeding two hundred

ninety thousand dollars 290,000 00

17 For law libraries, a sum not exceeding seven thousand

dollars 7,000 00

18 For training school, a sum not exceeding twenty-two

thousand dollars . 22,000 00

19 For county aid to agriculture, a sum not exceeding

twenty-five thousand dollars .... 25,000 00
21 For Mount Wachusett and Purgatory Chasm state
reservations, a sum not exceeding ten thousand
five hundred dollars 10,500 00

Acts, 1923. —Chaps. 343, 344, 345. 317

Item

22 For pensions, a sum not exceeding seventeen thousand Appropriations,

dollars $17,000 00 °^«„;,tytx

23 For miscellaneous and contingent expenses of the Worcester. '

current year, a sum not exceeding four thousand

dollars 4,000 00

24 For a reserve fund, a sum not exceeding ten thousand

doUars 10,000 00

And the county commissioners of Worcester covmty
are hereby authorized to levy as the county tax
of said county for the current 3'ear, in the manner
provided by law, the sum of seven hundred fifteen
thousand dollars, to be expended, together with
the cash balance on hand and the receipts from
other sources, for the above purposes . . . 715,000 00

Approved May 3, 1923.

C/iap.343

An Act authorizing the city of pittsfield to borrow
additional money for school purposes.

Be it enacted, etc., as follows:

Section 1. For the purpose of acquiring land for and the cjtyof
construction of a school building and originally equipping and borrow money
furnishing said building, the city of Pittsfield may, from time for school
to time, borrow such sums as may be necessary, not exceeding
in the aggregate one hundred thousand dollars, and may issue
bonds or notes therefor, which shall bear on their face the words,
Pittsfield School Loan, Act of 1923. Each authorized issue shall l^^^^^^flian,
constitute a separate loan. Indebtedness incurred under this Act of 1923.
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 May 3, 1923.

An Act authorizing the city of everett to pension annie QJid'p 344

M. PARKER.

Be it enacted, etc., as follows:

Section L The city of Everett may pay to Annie M. ^TCrmma
Parker of said city, a former employee of the Parlin Memorial Pension
Library in said city, an annual pension of two hundred and packer'. '
twenty-five dollars in equal monthly instalments.

Section 2. This act shall take effect upon its acceptance by To be
vote of the city council of said city, subject to the provisions of city^ouncii*°
its charter; provided, that such acceptance occurs prior to ^tc.
December thirty-first in the current year. Proviso.

Approved May 3, 1923.

An Act authorizing the city of Northampton to estab- Chav.34c5

LISH AND MAINTAIN A SANITARY STATION ON CERTAIN LAND
of THE COUNTY OF HAMPSHIRE IN SAID CITY.

Be it enacted, etc., as follows:

The city of Northampton, subject to the approval of the City of
county commissioners of Hampshire county, may establish and may est'abUsh,

318

Acts, 1923. — Chaps. 346, 347.

etc., a sanitary may, subject to sucli approval, maintain in said city, a sanitary
certain fa'nd Station on land of said county adjacent to the county court
°f Hampshire housc. Approved May 3, 1923.

G. L. 41, § 111,
etc., amended.

C/iaz>.346 An Act relative to vacations for laborers in certain

CITIES.

Be it enacted, etc., as follows:

Section one hundred and eleven of chapter forty-one of the
General Laws, as amended by section ten of chapter four hun-
dred and eighty-six of the acts of nineteen hundred and twenty-
one, is hereby further amended by striking out, in the ninth
and tenth lines, the words "who is classified by the commis-
sioners of civil service", and by striking out in the eleventh,
twelfth, thirteenth and fourteenth lines, the words " in the labor
service, under regulations established by said commissioners for
cities to which the labor rules adopted by said commissioners
are or may become applicable", — so as to read as follows: —
Section 111. In any town which accepted chapter two hundred
and seventeen of the acts of nineteen hundred and fourteen, all
persons classified as laborers, or doing the work of laborers,
regularly employed by such town, shall be granted a vacation of
not less than two weeks during each year of their employment,
without loss of pay. In any city which accepted said chapter
the city council may determine that a vacation of two weeks
without loss of pay shall be granted to every person regularly
employed by such city as a common laborer, skilled laborer,
mechanic or craftsman. If such vacations are authorized, they
shall be granted by the heads of the executive departments of
the city at such times as in their opinion will cause the least
interference with the performance of the regular work of the
city. A person shall be deemed to be regularly employed, within
the meaning of this section, if he has actually worked for the
city or town for thirty-two weeks in the aggregate during the
preceding calendar year. Approved May 3, 1923.

Vacations for
laborers in
cities and
towns.

Definition.

Chav.34:7 An Act to penalize the removal or concealment of

AUTOMOBILES WITH INTENT TO DEFRAUD INSURERS AND
regulating the DISPOSITION OF PROSECUTIONS THEREFOR.

Be it enacted, etc., as joUoios:

Section 1. Chapter two hundred and sixty-six of the Gen-
eral Laws is hereby amended by inserting after section twenty-
seven the following new section: — Section 27 A. Whoever, with
intent to defraud the insurer, removes or conceals an automobile
belonging to himself or another which is at the time insured
against theft, or whoever, with intent as aforesaid, aids or abets
in such removal or concealment, shall be punished by imprison-
ment in the state prison for not more than five years or by im-
prisonment in jail or house of correction for not less than one
year.

G. L. 266, new-
section after
§27.

Penalty for
removal or
concealment of
automobiles
with intent
to defraud
insurers.

Acts, 1923. —Chap. 348. 3l9

Section 2. Section twenty-nine of said chapter two hun- o. l 266. 5 29.
dred and sixty-six is lierehy amended by striking out the words ''"*''"
"the preceding section", in the second hne, and inserting in
place thereof tlie words: — section twenty-seven A or twenty-
eight, — so as to read as follows: — Section 29. A complaint or Disposition of
indictment for the violation of any provision of section twenty- SnXr sections
seven A or twenty-eight shall not, unless the purposes of justice ^^^ ^^'^ ^s.
require such disposition, be placed on file or disposed of except
by trial and judgment according to the regular course of criminal
proceedings. It shall be otherwise disposed of only upon motion
in writing, stating specifically the reasons therefor and verified
by affidavit if facts are relied on. If the court or justice certifies
in writing that he is satisfied that the cause relied on exists and
that the interests of public justice require the allowance thereof,
such motion shall be allowed, and said certificate shall be filed
in the case. Approved May 3, 1923.

An Act authorizing the town of clinton to take water (JJkij) 34g

FOR water supply PURPOSES FROM THE WACHUSETT RESER-
VOIR OF THE METROPOLITAN WATER SYSTEM.

Be it enacted, etc., as follows:

Section 1. The town of Clinton is hereby authorized to Town of
take water to an amount not exceeding five hundred million take water^for
gallons per year until such time as a further amount is author- water supply

P ^ «' c • purposes from

ized by the general court tor water supply purposes tor its own Wachusett
inhabitants from the Wachusett reservoir, or from any available metropolitan
pipe line or other structure leading from said reservoir upon such water system.
terms and conditions as may be mutually agreed upon by the
metropolitan district commission and the town of Clinton, but
such terms shall not include any charge for water used or to be
used under this act; and the town of Clinton may enter upon May enter
the lands of the commonwealth at such place or places or in such lands, etc.
manner as may be approved by the metropolitan district com-
mission for the purpose of constructing and maintaining thereon
pipes or pipe lines or other structures for the purpose of convey-
ing such water; provided, that for all damages caused to the Proviso.
commonwealth by all such work or construction the town of
Clinton shall pay to the commonwealth such compensation as
may be agreed upon between the said town and the said com-
mission, and, if they cannot agree, such compensation as shall
be determined by a master to be appointed by the supreme
judicial court on the petition of either party interested, the report
of such master, when made and accepted by said court, to be
final and binding on all parties.

Section 2. For the purpose of carrying out the provisions May borrow
of this act the town of Clinton may from time to time borrow "^""^y- ®*''-
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. Town of Clinton Water Town of
Loan, Act of 1923. Each authorized issue shall constitute a wate°Loan,
separate loan, and such loans shall be payable in not more than -"^ct of 1923.

320

Acts, 1923. — Chaps. 349, 350, 351.

thirty years. 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 3. This act shall take effect upon its passage.

Approved May 5, 1923.

Chap.S4Q ^^ ^^'^ AUTHORIZING THE CITY OF MALDEN TO INCUR INDEBTED-
NESS FOR SCHOOL PURPOSES.

Be it enacted, etc., as follows:

Section 1. For the purpose of acquiring land for and the
construction of schoolhouses, including the cost of original
equipment and furnishings, the city of Maiden may, from time
to time, borrow such sums as may be necessary, not exceeding,
in the aggregate, three hundred thousand dollars, and may
issue bonds or notes therefor, which shall bear on their face the
words. Maiden Schoolhouse Loan, Act of 1923. 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 May 5, 1923.

City of
Maiden may
borrow money
for school
purposes.

Maiden
Schoolhouse
Loan, Act of
1923.

C/iap.350

G. L. 92, § 64,
amended.

Wages of

temporary

laborers

employed by

metropolitan

district

commission.

An Act relative to the wages of temporary laborers
employed by the metropolitan district commission.

Be it enacted, etc., as follows:

Chapter ninety-two of the General Laws is hereby amended
by striking out section sixty-four and inserting in place thereof
the following: — Section 64- The wages paid by the commission
to laborers temporarily employed shall be not less than the wages
paid to laborers permanently employed.

Approved May 5, 1923.

ChaV 351 ^^ ^^'^ RELATIVE TO THE ALTERATIONS OF GRADE CROSSINGS.

Be it enacted, etc., as follows:

Section L Section fifty -nine of chapter one hundred and
fifty-nine of the General Laws is hereby amended by inserting
after the word "situated" in the third line the words: — , or the
division of highways of the department of public works, if the
crossing and its approaches are in direct continuation of a state
highway, - — so as to read as follows : — Section 59. If a public
way and a railroad cross each other, and the board of aldermen
of the city or" the selectmen of the town where the crossing is
situated, or the division of highways of the department of public
works, if the crossing and its approaches are in direct continua-
tion of a state highway, or the directors of the railroad corpora-
tion, or the directors of a railway company having tracks on
said way, deem it necessary for the security or convenience of
the public that an alteration not involving the abolition of a
crossing at grade should be made in the crossing, the approaches

G. L. 159, § 59,
amended.

Alteration of

railroad

crossings.

Acts, 1923. —Chap. 351. 321

thereto, the location of the raih-oad or way, or in a bridge at
the cros.sing, tliey shall apply to the county commissioners, or,
if the crossing is situated, in whole or in part, in Boston, to the
department, who shall, after public notice, hear all parties
interested, and, if they decide that such alteration is necessary,
shall prescribe the manner and limits within which it shall be
made, and shall forthwith certify their decision to the parties
and to said department. This proceeding may include any case
where there is need of the rebuilding of a highway bridge or
any structural change or renewal in order to strengthen or im-
prove it. If any railway company is authorized to lay and use Railway
tracks upon the said way, the said company shall bear such part beTr'part of°
of the expense of building, rebuilding, changing, renewing, re- expense, when,
pairing or improving a bridge forming a part of said way, or of
altering or improving the approaches thereto, as the commission
provided for in sections sixty-one and sixty-two deem just.

Section 2. Section sixty-one of said chapter one hundred ^ninded^.' ^ ^^'
and fifty-nine is hereby amended by inserting after the word
"benefited" in the eleventh line the following: — ; and if the
crossing and its approaches are in direct continuation of a state
highway, the commonwealth may be included in such apportion-
ment and its share shall be paid from the annual appropriation
for maintenance and repair of state highways, — so as to read
as follows: — Section 61. A commission of three disinterested ^ 'ifeTemi fne"
persons, appointed as provided in the following section, shall de- which party
termine which party shall carry such decision into effect and aiteraUo^n,
which party shall pay the charges and expenses of making such pa^y charges,
alteration and the future charges for keeping such bridge or
crossing and the approaches thereto in repair, as well as the
costs of the application to the county commissioners, or the
department, and of the hearing before said commission; and it Apportion-
may apportion all such charges, expenses and costs between the J^arge", costs,
railroad corporation, the railway company having tracks on said '^'°-
way, and the counties, cities or towns where said crossing is
situated and other cities and towns which may be specially
benefited; and if the crossing and its approaches are in direct
continuation of a state highway, the commonwealth may be Common-
included in such apportionment and its share shall be paid from •neludaJTm ^^
the annual appropriation for maintenance and repair of state apportion-
highways. If a railway company is authorized to lay and use payments by
tracks upon any bridge in a highway built, repaired or altered railway
as above provided for, or the approaches to which are altered or ''"'"p^""^^-
improved as above provided for, the said commission shall
determine what part of the charges and expenses of making such
changes or improvements, or of keeping such bridge or crossing
and approaches in good condition, shall be paid by said railway
company.

Section 3. Section sixty-two of said chapter one hundred '^ ^'}^a' ^ ^"'
and fifty-nine is hereby amended by inserting after the word
"department" in the second line the words: — , the division of
highways of the department of public works, — so as to read
as follows : — Section 62. Upon application of the county com- Commission
missioners, the department, the division of highways of the de- ^nnection

322

Acts, 1923. — Chaps. 352, 353.

with alteration
of crossings,
appointment,
etc.

partment of public works, the board of aldermen, the selectmen
or the directors of the railroad corporation or of the railwaj'^
company for the appointment of such commission, the superior
court shall cause notice thereof to be given to the other parties
interested fourteen days at least before the time fixed for the
hearing; and thereupon, after hearing, shall appoint such com-
mission, one member of which shall be a member of and desig-
nated by the department. The commission shall meet as soon
as may be after its appointment, and, after notice to and a hear-
ing of the parties, shall make a written award and return it to
said court. Approved May 5, 1923.

Chap

G. L. 221, § 71,
amended.

Chief deputy
sheriffs for
Suffolk and
Middlesex
counties and
chief court
officer for
Worcester
county,
designation,
duties,
salaries, etc.

To be

submitted to

Middlesex

county

commissioners.

Proviso.

.352 An Act establishing the salary of the court officer
designated to act as chief deputy sheriff for attend-
ance on the superior court in middlesex county.

Be it enacted, etc., as follows:

Section 1. Section seventy-one of chapter two hundred
and twenty-one of the General Laws is hereby amended by
striking out, in the tenth line, the words "twenty-seven hun-
dred and twenty-four" and inserting in place thereof the words:
— three thousand, — so as to read as follows: — Section 71.
The sheriffs of Suffolk and Middlesex counties may each desig-
nate one court officer to act as chief deputy sheriff for attendance
on the superior court in his county. In Worcester county the
sheriff may designate one court officer as chief court officer for
attendance on the supreme judicial and superior courts. Such
officers, under the orders of the sheriffs of their respective
counties, in addition to their regular duties as court officers,
shall supervise, direct and assign the officers of their respective
courts. The salary of the chief deputy for Suffolk county shall
be thirty-three hundred and sixty dollars and for Middlesex
county three thousand dollars, to be paid by their respective
counties.

Section 2. This act shall take effect upon its acceptance by
the county commissioners of the county of Middlesex; provided,
that such acceptance occurs prior to December thirty-first in
the current year. Approved May 5, 1923.

Chap.

Department
of public
works may
improve ship
channel in
Neponset
river, etc.

Expenditures.

353 An Act providing for improving the ship channel in the
neponset river between the new neponset bridge
AND Godfrey's wharf, so-called, in milton.

Be it enacted, etc., as follows:

Section 1. The department of public works shall during
the year nineteen hundred and twenty-three straighten and
deepen the ship channel in the Neponset river between the new
Neponset highway bridge and Godfrey's wharf, so-called, in
Milton in such manner as to eliminate the unnavigable curves
in the channel, and to provide a channel at least fifty feet wide
and at least six feet deep at mean low tide.

Section 2. For said purposes, the department may expend
a sum not exceeding fifty thousand dollars, but no work shall be

Acts, 1923. — Chap. 354. 323

begun hcroundor until ten tliousand dollars of said sum has been individiiaisaiui
contributed by intlividuals or corporations and paid into the conrrU3utc"'etc.
state treasury, nor until an appropriation sufficient to cover the
balance has been made by the general court.

Approved May 5, 1923.

An Act authorizing the commissioner of insurance to nhf^j. 0C4

LICENSE voluntary ASSOCIATIONS AS INSURANCE AGENTS, ^ '

brokers AND ADJUSTERS.

Be it enacted, etc., as follows:

Chapter one hundred and seventy-five of the General Laws is o. l. 175, new
hereby amended by inserting after section one hundred and secuon after
seventy-two the following: — Section 172 A. The licenses de- voluntary
scribed in sections one hundred and sixty-three, one hundred mavTo Ucensed
and sixty-six, one hundred and sixty-seven, one hundred and as insurance
sixty-eight and one hundred-and seventy-two may be issued to anTadjusters^^
any voluntary association, as defined in section one of chapter
one hundred and eighty-two, which is organized exclusively for
the purpose of acting as insurance agent or broker, or adjuster
of fire losses and which, in case of an association organized to
act as an insurance agent or broker, by its written instrument
or declaration of trust limits the holding and ownership of shares
or certificates of participation therein to resident insurance
agents and brokers. All the trustees shall be residents of the Residence of
commonwealth. Such association and the trustees thereof shall trustees. •
be subject to section six of said chapter one hundred and eighty- triStee^s^and
two. Such licenses, together with the association and the licenses subject
trustees thereof named in the license, shall be subject to the laws, etc.
sections of this chapter hereinbefore mentioned, except as other-
wise provided herein. Each license shall specify the trustees. License to
not exceeding five, who may act thereunder in the name and on ^"^ho ma*'"^*''^^
the behalf of the association. Each trustee shall file the state- act, etc.
ment or application required by law. A duplicate original of aedlrationof
the WTitten instrument or declaration of trust creating the asso- trust, etc., to
ciation and a certified copy of the by-laws thereof, if any, shall
be filed with said statements or applications. The license may Revocation,
be revoked or suspended as to the association or as to any ^^''■■' °^ license.
trustee named therein. The trustees shall file with the commis- Copies of
sioner within thirty days after the adoption thereof, duplicate t" declaraaon
originals of all amendments to the written instrument or declara- of trust and
tion of trust and certified copies of all amendments to the by- fiLi%te*° °
laws, if any. The trustees shall at once notify the commissioner Notice of
in writing in case of the termination of the association, and upon termination of

" , . , . . 1 11 ;. 1 . 1 , association.

receipt 01 such notice the commissioner shall forthwith revoke
the license of the association without a hearing. Each trustee Liability
specified in the license shall be personally liable to the penalties "^ trustees.
of the insurance laws for any violation thereof, although the
act of violation is done in the name or in the behalf of the asso-
ciation, and shall be personally liable for all of the debts and
obligations of the association, notwithstanding any provision in
the written instrument or declaration of trust of such association
limiting the liability of the trustees thereunder, and such pro-

324

Acts, 1923. — Chaps. 355, 356.

Commissioner
of insurance
may require
information,
examine books,
etc.

Penalty for
failure to file
copies, for
failure to
notify of
termination of
association, etc.

Certain
provisions
applicable to
licenses.

vision, if any, shall be deemed to have been waived by the
trustees by their filing the aforesaid statements or applications.
The commissioner may at any time require such information as
he deems necessary in respect to the association, its trustees,
agents or affairs, and may make such examination of its books,
records and affairs as he deems necessary and for the aforesaid
purposes shall have all the powers conferred by section four.
Whoever, being a trustee of an association licensed under this
section, fails to file with the commissioner copies of all amend-
ments to the written instrument or declaration of trust, or to
the by-laws, if any, or fails to notify the commissioner of the
termination of such association, or whoever knowingly or wil-
fully files with the commissioner false copies of the written
instrument or declaration of trust or amendments thereof, or
of the by-laws, if any, or amendments thereof, or whoever, being
specified in the license of such association as a trustee thereof,
acts under said license after the termination of such association,
shall be punished by a fine of not less than twenty nor more
than five hundred dollars. Sections one hundred and seventy-
four A and one hundred and seventy-four B shall apply to
licenses issued under this section. Approved May 6, 1923.

Chap.S55 An Act authokizing the town of belmont to pay a certain

SUM of money to the mother of CHARLES IRVING LOHR.

Town of
Belmont may
pay sum of
money to
mother of
Charles Irving
Lohr.

To be sub-
mitted to
voters.
Proviso.

Be it enacted, etc., as follows:

Section 1. The town of Belmont may pay to Edith A.
Lohr of Belmont, mother and next friend of Charles Irving
Lohr, minor, for the use of the said minor, a sum not exceeding
twenty-five hundred dollars, as compensation for injuries sus-
tained by him in the chemical laboratory of the Belmont high
school on October thirty -first, nineteen hundred and twenty-
two.

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

Approved May 5, 1923.

Chap.35Q An Act authorizing the city of beverly to pension

WALTER FARNHAM.

Be it enacted, etc., as follows:

Section 1. The city of Beverly may retire Walter Farnham,
for twenty-six years superintendent of its city home, on an
annual pension of three hundred and fifty dollars, payable in
equal weekly instalments.

Approved May 5, 1923.

City of
Beverly may
pension Walter
Farnham.

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

Acts, 1923. — Chaps. 357, 358. 325

An Act relative to the salary of the mayor of the city Qlidj) 357

OF WORCESTER.

Be it enacted, etc., as follows:

Section fifteen of chapter four hundred and forty-four of the i893, 444. § is,
acts of eighteen hundred and ninety-three, as amended by section ^^^ ' *'"«°d^«*-
one of chapter two hundred and seventy-four of the acts of nine-
teen hundred and two, is hereby further amended by striking
out, in the third hne, the words "five thousand" and inserting
in place thereof the words : — seventy -five hundred, — so as to
read as folloAvs: — Section 15. The salary of the mayor shall be Salary of mayor
fixed by the city council, but shall not exceed seventy-five hun- Worcester.
dred dollars, and shall not be increased or diminished to take
effect during the term for which he is elected.

Approved May 5, 1923.

Chap.S58

An Act to compel the boston elevated railway company
TO maintain and keep in repair the portions of high-
ways occupied by its tracks.

Be it enacted, etc., as follows:

Section 1 . During the period of public operation of the Boston Eie-
Boston Elevated Railway Company under the provisions of c^mpa^y tT^
chapter one hundred and fifty-nine of the Special Acts of nine- "maintain and

1111.1 1 . I 1 i>i keep m repair

teen hundred and eighteen, and acts m amendment thereoi and portions of
supplementary thereto, the Boston Elevated Railway Company pifdl)y^fts''''*'""
shall keep in repair, to the satisfaction of the superintendent of tracks, etc.
streets, street commissioners, road commissioners, or surveyors
of highways, or the division of highways of the department of
public works, in the case of state highways, or the metropolitan
district commission, in the case of metropolitan boulevards, the
paving, upper planking or other surface material of the portions
of streets, roads and bridges occupied by its tracks; and if such
tracks occupy unpaved streets or roads, shall, in addition, so
keep in repair eighteen inches on each side of the portion occu-
pied by its tracks, and shall be liable for any loss or injury that Liability for
any person may sustain by reason of the carelessness, negligence etc! ^^ '"J"''^'
or misconduct of its agents and servants in the construction,
management, and use of its tracks.

Section 2. When a party upon the trial of an action re- Recovery from

way

covers damages of the commonwealth or of a city or town for vat^ed'Raii
an injury caused to his person or property by a defect in a Company of
street, highway, or bridge occupied by the tracks of said com- by state, cities
pany, if said company is liable for such damages, and has had °^ towns, etc.
reasonable notice to defend the action, the commonwealth, city
or town may recover of the said company, in addition to the
damages, all costs of both plaintiff and defendant in the action.

Section 3. During the period of public operation of the Boston Eie-
Boston Elevated Railway Company under the provisions of comtany're-^
chapter one hundred and fifty-nine of the Special Acts of nine- lieved from
teen hundred and eighteen, and acts in amendment thereof and requirements.

326

Acts, 1923. — Chap. 359.

supplementary thereto, said company shall not be required to
make the returns nor shall there be assessed upon or paid by it
the taxes required by sections sixty-one to sixty-six, inclusive,
of chapter sixty-three of the General Laws.

Approved May 5, 1923.

Chap. 359 An Act relative to the borrowing of money by cities

AND TO THE PAYMENT OF INDEBTEDNESS BY CITIES, TOWNS
AND DISTRICTS.

Emergency
preamble.

G. L. 44, § SA,
etc., amended.

Cities may
borrow money
to meet ex-
penditures by
city officials in
anticipation of
appropriations.

G. L. 44, § 19,
amended.

Provision for
payment of in-
debtedness by
cities, towns
and districts.

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.

Be it enacted, etc., as foUoios:

Section 1. Chapter forty -four of the General Laws is
hereby amended by striking out section five A, inserted by
chapter twenty-eight of the acts of nineteen hundred and twenty-
two, and inserting in place thereof the following: — Section 5 A.
To provide the necessary funds to meet liabilities authorized by
section thirty-four, the treasurer of a city, with 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, during
any one month between the beginning of the financial year and
the time when the revenue loan order shall become finally
effective and any period for filing a petition for a referendum
thereon shall have expired, 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 during the preceding year. The amount so borrowed
shall be deemed a part of the amount which may be borrowed
under section four. The provisions of city charters relative to
loan orders shall not otherwise apply to loans issued under this
section.

Section 2. Section nineteen of chapter forty-four of the
General Laws is hereby amended by striking out, in the third
line, the word "six" and inserting in place thereof the words: —
five A, six, six A, — and by striking out, in the seventh line,
the word "therefor" and inserting in place thereof the words: —
for the serial loan, — so as to read as follows: — Section 19.
Cities, towns and districts shall not issue any notes payable on
demand, and they shall provide for the payment of all debts,
except those incurred under sections four, five, five A, six, six A
and seventeen, 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 bonds or notes issued for the serial loan,
and so that the amount of such annual payments in any year
on account of such debts, so far as issued, shall not be less than
the amount of principal payable in any subsequent year, and
such annual amounts, together with the interest on all debts,
shall, without further vote, be assessed until the debt is ex-

Acts, 1923. — Chap. 360. 327

tinguishod; provided, that in the case of bonds or notes issued Proviso.
for establisliing or purchasing a water supply system for its
inhabitants, for tlie purchase of hind for the protection thereof
or for acquiring water riglits, the first of such annual payments
shall be made not later than three years after the date thereof.

Approved May 7, 1923.

ChapMO

An Act relative to the payment of bonds to be issued

BY the commonwealth FOR THE ENLARGEMENT OF THE
HARVARD SQUARE SUBWAY STATION AND TO THE RENTAL
TO BE PAID FOR SUCH ENLARGEMENT BY THE BOSTON ELE-
VATED RAILWAY COMPANY.

Whereas, There is a serious congestion and overcrowding of Emergency
passengers at certain hours of the day on certain platforms in ^^^^'^
the Harvard Square station of the Cambridge subway, and
whereas, such condition should be remedied as soon, and with
as little unnecessary expense, as possible, therefore this act is
hereby declared to be an emergency law, necessary for the
immediate preservation of the public safety and convenience.

Be it enacted, etc., as follows:

Section 1. Section two of chapter four hundred and eighty- 1922, 483, §2,
three of the acts of nineteen hundred and twenty-two is hereby ^'n'^'i^ed.
amended by striking out all after the word "by" in the ninth
line down to and including the word "rental" in the fourteenth
line and inserting in place thereof the words : — the total amount
of the principal of said bonds maturing annually, — so as to
read as follows : — Sectio7i 2. No work of construction shall be Contract by
done or contract therefor let, unless and until the Boston Ele- v°t^ed"Raifway
vated Railway Company shall execute a contract for the use Company for
of such alterations or extensions for a term ending with that of tions, etcr^n
the contract for the use of the Cambridge subway. The com- .^q^i^J^ subway
pany shall pay to the commonwealth an annual rental equal to station, annual
the total interest obligations of the commonwealth in respect of ''''" ^ • '^ "•
the bonds issued to carry out the purposes of this act for the
year on account of which said rental is paid, increased by the
total amount of the principal of said bonds maturing annually,
which increase shall be applied to retiring subsequently maturing
bonds as they fall due. Any alteration or extension made under
this act shall be deemed a part of the Cambridge subway. The
provisions of section eight of chapter three hundred and sixty-
nine of the General Acts of nineteen hundred and nineteen shall
apply to the work authorized by this act.

Section 2. Section four of said chapter four hundred and 1^22, 483 § 4,
eighty-three is hereby amended by striking out all after the
word "year" the first time it occurs in the sixteenth line down
to and including the word "act" in the twentieth line and in-
serting in place thereof the words: — shall, as nearly as is in the
opinion of the state treasurer practicable, be the same, — so as
to read as follows: — Section 4- The state treasurer shall upon state treasurer
request of the commission issue and sell at public or private etcTfo^ en"'^^'
sale bonds of the commonwealth, registered or with interest largementof

° Harvard

328

Acts, 1923. —Chap. 361.

Square subway
station.

Cambridge
Subway Im-
provement
Loan.

Interest.

Rents, tolls,
etc., how to be
applied, etc.

1922, 540, § 2,
repealed.

Provisions of
this act deemed
to be continua-
tion of chapter
483, Acts of 1922.

When to take
effect.

coupons attached, as he may deem best, to an amount, to be
specified from time to time by the commission, sufficient to pro-
vide means for the payment for the work and construction
herein authorized and the necessary expenses incurred by the
commission in connection therewith but not in excess of one
hundred and fifty thousand dollars. All such bonds shall be
designated on their face, Cambridge Subway Improvement
Loan, and shall be on the serial payment plan for such maximum
term of years as the governor may recommend to the general
court in accordance with section three of article LXII of the
amendments to the constitution of the commonwealth, the ma-
turities thereof to be so arranged that the amount payable each
year shall, as nearly as is in the opinion of the state treasurer
practicable, be the same, and shall bear interest payable semi-
annually at such rate as the state treasurer, with the approval
of the governor and council, shall fix. All rents, tolls or other
compensation received by the commonwealth for the use of the
property constructed under the authority hereof shall be applied
to the payment of principal and interest upon said bonds. Any
premium received upon the sale of said bonds shall be used in
the retirement or purchase thereof.

Section 3. Section two of chapter five hundred and forty
of the acts of nineteen hundred and twenty-two is hereby re-
pealed.

Section 4. Except as otherwise provided herein, the pro-
visions of this act shall be deemed to be a continuation of said
chapter four hundred and eighty-three, and nothing herein con-
tained shall affect any work of construction done under authority
thereof, any contract let for such work or bond given in connec-
tion therewith.

Section 5. This act shall take effect upon its acceptance
by vote of the public trustees and of the directors of the Boston
Elevated Railway Company, and upon the execution by said
company and the commonwealth of a contract, for the use of
the alterations or extensions provided for by said chapter four
hundred and eighty-three, in accordance with the provisions of
said chapter four himdred and eighty-three as amended by this
act or upon the alteration by said company and the common-
wealth of the existing contract for such use to conform to the
provisions of this act. Approved May 7, 1923.

Chap. 361 An Act providing for the establishment of special day
classes for deaf pupils in the public schools of certain

TOWNS.

Be it enacted, etc., as follows:

Chapter sixty-nine of the General Laws is hereby amended
by adding at the end thereof the following new section : — Section
28. The department may, in co-operation with the school com-
mittee, establish in not more than six towns, each having ten
or more deaf pupils resident therein or in towns accessible
thereto, special day classes for such deaf pupils. Such classes,
when established, shall be conducted by the school committee.

G. L. 69, new
section after
§27.

Department of
education may
establish special
day classes for
deaf pupils in
public schools
of certain
towns.

Acts, 1923. — Chap. 362. 329

subject, to the approval of the department. In connection with instruction in
said chesses, there shall be provided instruction in lip-reading. ''p-'^^'^'''"s-
The town shall be reimbursed by the commonwealth for the state reim-
reasonable cost of maintenance of such classes, including the *^''^®'"^°*^-
necessary traveling expenses of the pupils.

Approved May 7, 1923.

An Act perfecting the statute establishing the com- (Jfidp 352

MISSION ON administration AND FINANCE, INSERTING ITS
PROVISIONS AS SPECIFIC AMENDMENTS OF THE GENERAL LAWS
AND HARMONIZING SAID GENERAL LAWS WITH SAID STATUTE.

Be it enacted, etc., as follows:

Section 1. Chapter seven of the General Laws, as amended g. l. 7, etc.,
by chapter two hundred and ninety-eight of the acts of nineteen *'"^" ^
hundred and twenty-one, is hereby further amended by striking
out all of said chapter and inserting in place thereof the follow-
ing:—

Chapter 7.

Commission on Administration and Finance.

Section 1. Unless a contrary intention clearly appears, the Definitions,
following words shall have the following meanings:

"Commission", the commission on administration and
finance.

"Finance committee", the committee of the executive council
appointed to consider matters of finance.

Section 2. There shall be a commission on administration and Commission
finance, which shall serve directly under the governor and council tion and"'^*"^*"
within the meaning of Article LXVI of the amendments to the finale,
constitution of the commonwealth.

Section 3. The commission shall consist of four commissioners, Commis-
one of whom shall annually be appointed for a term of four ®'°/Jj7^'ent"
years by the governor, with the advice and consent of the council, salaries, etc.
The governor shall designate one of said commissioners as chair-
man. The chairman shall receive such salary not exceeding
seven thousand dollars, and each of the other commissioners,
such salary not exceeding sixty-five hundred dollars, as the
governor and council may determine. Each commissioner shall
devote his entire time to the duties of his office.

Section 4- Said commission shall be organized in three bureaus. Organization
namely: a comptroller's bureau, a budget bureau and a pur- b^uj^usin
chasing bureau. Each bureau shall be in charge of a commis- charge of
sioner of the commission to be designated by the governor, with budget com-
the advice and consent of the council, and to be known, re- ^ate pu?cw
spectively, as the comptroller, budget commissioner and state ing agent, re-
purchasing agent. Said purchasing agent shall give bond to Pur*chlsing
the state treasurer in a sum to be fixed by the governor and agent to give
council for the faithful performance of his duties and for the
rendering of a proper account of all money entrusted to him for
the use of the commonwealth. Any commissioner designated Qualifications
as aforesaid shall be a person of ability and extended experience sioners. '^
in the line of work required in his bureau.

330

Acts, 1923.— Chap. 362.

Division of
personnel and
standardiza-
tion.

Director of
personnel and
standardiza-
tion and depu-
ties, appoint-
ment, removal,
salaries, etc.

Employment
of persons, etc.

Expenditures.

Commission
to consider
possibility of
promoting
economy and
efficiency, etc.

To consider
and report
upon certain
questions.

To report, on
request, etc.,
as to estimates
of departments,
etc., made to
budget com-
missioner, etc.

To make
special
examination,
on request,
etc., of

matters affect-
ing m.anage-
ment or finances
of depart-
ments, etc.

May make
special

examination of
management or
finances of de-
partments, etc.

May require
attendance,
etc., of wit-

Scction 5. There shall be directly under the commission a
division of personnel and standardization, in charge of a director
of personnel and standardization.

Section 6. The commission shall, with the approval of the
governor and council, appoint, and fix the salary of, the director
of personnel and standardization and may, with like approval,
remove him. The commission may, subject to the approval of
the governor and council, appoint and fix the salaries of such
number of deputies as the governor and council shall approve;
and it may, with like approval, remove them. It may also em-
ploy such other persons as the work of the commission may re-
quire and remove them, and shall fix their compensation. The
commission may expend such sums of money for expenses, in-
cluding traveling expenses of its officers and employees, as the
general court may appropriate.

Section 7. The commission shall inquire into the business
affairs of the commonwealth and the laws governing them, and
shall consider the possibility of promoting economy and efficiency
and avoiding useless labor and expense therein. It shall recom-
mend to the governor and council and to the general court, if
in session, such measures as in its judgment will tend to accom-
plish this result. It shall consider and report upon the following
questions among others : changes in the laws relating to matters
of finance, reorganization, consolidation or co-ordination of de-
partments and institutions, changes in methods of administra-
tion, classification of employees, fixing maximum and minimum
salaries and standardizing vacations.

Section 8. On the request of either branch of the general
court. or of the ways and means committee of either branch, or
of the governor, or of the council, or of the finance committee,
the commission shall make a report of such of the estimates of
departments, officers and commissions made to the budget com-
missioner under sections three and four of chapter twenty-nine
as may be required, and it may make recommendations relative
thereto.

Section 9. On request of either branch of the general court
or of the ways and means committee of either branch, or of the
governor, or of the finance committee, the commission shall make
a special examination of, and give to them any information in
its possession relative to, any matter affecting the management
or finances of any department, officer, commission or under-
taking which receives an annual appropriation of money from
the commonwealth, including annual appropriations to be met
by assessments.

Section 10. The commission may make a special examination
of the management or finances of any department, officer, com-
mission or undertaking which receives annual appropriations of
money from the commonwealth, including annual appropria-
tions to be met by assessments, and may report thereon from
time to time to the governor and council and to the general
court, if in session.

Section 11. Whenever requested to make a special examina-
tion under section nine, or after first obtaining the approval of

Acts, 1923. — Chap. 362. 331

the {rovernor or of the finance committee in making a special JJuft^f^^'J""
examination under the precechnji; section, any commissioner or books, etc.
the director of personnel and standardization may require the
attendance and testimony of witnesses and the production of
all books, papers, contracts and documents relating thereto.
Witnesses shall be summoned in the same manner and shall be
paid the same fees as witnesses >l3efore the superior court. The Rules and
commission may prescribe rules and regulations for the conduct conduct of
of hearings, and any commissioner or said director may adminis- i»earmgs.
ter oaths to witnesses or take their affirmation. If any person Court enforce-
summoned and paid as a witness refuses to attend, or to be "endance^etc,
sworn or to affirm, or to answer any question, or to produce any of witnesses.
book, contract, document or paper pertinent to the matter
before any commissioner or said director, a justice of the supreme
judicial or the superior court, upon application by said commis-
sioner or director, may issue an order requiring such person to
appear before said commissioner or director, and to produce his
books, contracts, documents and papers and to give evidence
touching the matter in question. Failure to obey such an order Penalties.
of the court may be punished b}^ the court as a contempt thereof.
Any person summoned and paid who refuses to attend, or to be
sworn or to affirm, or to answer any proper question, or to
produce any book, contract, document or paper, pertinent to
the matter before any commissioner or said director, and any
person who wilfully interrupts or disturbs any hearing, or who
is disorderly thereat, shall be punished ])y a fine of not more
than fifty dollars or by imprisonment for not more than one
month, or both. Upon application by any commissioner or said JeposUions,
director, commissions to take depositions of persons without the etc.
connnonwealth may be issued by a justice of the supreme
judicial or the superior court, to be used in hearings before any
commissioner or said director, and all laws and rules relating to
such commissions in civil actions shall apply to commissions
issued hereunder. This section shall not be construed to compel noftC'be^cra-
any person to give any testimony or to produce any evidence, strued.
documentary or otherwise, which may tend to incriminate him.

Section IS. In making any examination or investigation au- Commis-
thorized under this chapter, any commissioner or the director ^aT require
of personnel and standardization may require the production of production of
books, papers, contracts and documents relating to any matter °^ ^' ® °'
within the scope of such examination or investigation.

Section 13. The comptroller shall examine all accounts and to^^am^neand
demands against the commonwealth, excepting those for the certify accounts
salaries of the governor and of the justices of the supreme againsl"com-^
judicial court, for the pay rolls of the executive council and monweaith,
members of the general court, and those due on account of the
principal or interest of a public debt. He may require affidavits
that articles have been furnished, services rendered and expenses
incurred, as claimed. Such affidavit for any institution shall be
made by the disbursing officer thereof. The comptroller shall
make a certificate specifying the amount due and allowed on
each account or demand so examined, the name of the person
to whom such amount is payable, the law authorizing the same

332

Acts, 1923. — Chap. 362.

Bills and
vouchers, etc.,
to be kept by
comptroller.

Copies of cer-
tain contracts
to be filed with
comptroller.

Comptroller to
BKamine and
measure state
printing.

Expert in
printing, em-
ployment,
duties, etc.

Comptroller to
design and
instal new
accounting
system for
common-
wealth, etc.

Comptroller to
keep general
books of ac-
count and to
determine
extent and
character of
subsidiary ac-
counts to be
kept by de-
partments, etc.

To provide for
proper collec-
tion of revenue
due common-
wealth.

and the head of expenditure to which it is chargeable. If the
general court, by express statute, authorizes a department or
public officer to approve accounts or demands against the com-
monwealth, and an appropriation therefor has been made, the
comptroller shall, when such accounts or demands have been
properly approved, promptly audit and certify such an amount,
not exceeding the appropriation therefor, as he may deem
correct; and if it appears to him that there are improper charges
in said accounts or demands he shall report the same to the
governor and council, with a separate certificate therefor. But
he shall not certify any bill for printing incurred in violation of
section six of chapter five. He shall keep copies of all such
certificates and transmit the originals to the governor, who,
with the advice and consent of the council, may issue his warrant
to the state treasurer for the amount therein specified as due.

Section 14- All original bills and vouchers on which money
has been or may be paid from the treasury upon the certificate
of the comptroller or the warrant of the governor shall be kept
in the comptroller's office; and all departments, officers or com-
missions authorized to make contracts under which money may
be payable from the treasury shall file with the comptroller
certified copies thereof.

Section 15. The comptroller shall cause all the printing under
the state printing contract to be examined and measured, and
no bill for printing shall be allowed unless it is in strict conformity
with such contract. He may employ an expert in printing to
examine the bills for printing under such contract and perform
such other clerical assistance as the comptroller may require.

Section 16. He shall design and instal a new accounting system
for the commonwealth as provided by chapter five hundred and
forty-five of the acts of nineteen hundred and twenty-two and
prescribe the requisite forms and books of account to be used
by each department, office, commission and institution of the
commonwealth. After such installation, no form or book of
account other than that prescribed as aforesaid shall be used
without the approval of the comptroller. He may revise such
forms, books or system from time to time. He shall prepare
and distribute a book of instructions covering the use and appli-
cation of said new accounting system for the guidance of the
accounting personnel in the various departments, offices, com-
missions and institutions of the commonwealth.

Section 17. He shall keep all general books of account and
determine the extent and character of subsidiary accounts to be
kept by all departments, offices, commissions and institutions
of the commonwealth. He shall have full authority to prescribe,
regulate and make changes in the methods of keeping and
rendering accounts. He shall establish in each such department,
office, commission and institution a proper system of accounts,
which shall be uniform so far as is practicable, and a proper
system of accounting for stores, supplies, materials and products,
and may provide, where he deems it necessary, for a continuing
inventory thereof. He shall provide such safeguards and
systems of checking as will ensure, so far as possible, the proper

Acts, 1923. —Chap. 362. 333

collection of all revenue due the commonwealth; and, where he
deems it necessary, shall provide that forms and receipts shall
be numbered consecutively, making each such department,
officer, commission or institution responsible for their use or
cancellation.

Scdioti IS. The comptroller shall keep a distinct account, Comptroller to
under appropriate heads, of all public receipts and expenditures. of'p'iibHc°""*
He shall keep a like account of the school fund and of other receipts and
public property and of all debts and obligations due to and from of public
the conmionwealth ; and for such purpose he shall have free P'^^P'^^y, etc
access to the books and papers of the several departments,
offices, commissions and institutions.

Scctio7i 19. He shall verify all accounting statements included To verify
in reports of departments, offices and commissions, other than sratemen"! in
the commission on administration and finance, before the publi- ^e '^o^r't'^'"e!'g
cation of such reports. No such report shall be published by
any such department, office or commission until such statements
are so verified and approved.

Section 20. The comptroller's bureau shall be properly comptroller's
equipped and shall furnish, when required, all accounting state- j^JIf^rhi"
ments relating to the financial status, funds, reserves, appropria- counting
tion control and cost of operation of the commonwealth at the ®'^''^t'^'"'^"*^s, etc.
end of the state fiscal year and at intermediate monthly periods
when such information is needed in effecting economies before
appropriations have been exhausted, or for other purposes.

Section 21. In the exercise of the budget commissioner's Bureau's
functions relative to the preparation of the budget, the records, avTi^fbie for
resources and full co-operation of the comptroller's bureau shall preparation of

1 .1 1 1 budget, etc.

be available.

Section 22. The commissioners of the commission, sitting as Rules and
a board, shall, subiect to the approval of the governor and regulations
council, make rules, regulations and orders which shall regulate purchase,
and govern the manner and method of the purchasing, delivering of suppHes!" '
and handling of, and the contracting for, supplies, equipment equipment, etc.
and other property for the various state departments, offices and
commissions, except when they are for legislative or military
purposes. Such rules, regulations and orders shall be of general
or limited application, and shall, so far as practicable, be uniform,
shall be in conformity with existing laws relative to the purchase
of articles and materials made by inmates of penal institutions
and articles and supplies made by the blind except that such
purchase shall be made by or under the direction of the state
purchasing agent subject, however, to such approval by the
board as would be required if the purchase were made from
some other source, and shall include provision for the follow-
ing:

(1) The advertisement for and the receipt of bids for supplies soope of rules
and other property and the stimulation of competition with and regulations.
regard thereto;

(2) The purchase of supplies and other property without
advertisement or the receipt of bids, where the amount involved
will not exceed five hundred dollars, when, in the judgment of
the state purchasing agent, it is expedient;

334

Acts, 1923. —Chap. 362.

Rules, etc.,
not to restrict
as to quantity
or nature of
supplies, etc.

Removal for
non-com-
pliance with
rules, etc.

State purchas-
ing agent
to establish
supply office,
etc.

May maintain
laboratory, etc.

To advise with
state institu-
tions that make

(3) The purchase of siipphes and other property without
competition, in cases of emergency requiring immediate action ;

(4) The purchasing of or contracting for certain suppHes,
equipment and other propert}^ by long or short term contracts,
or by purchases or contracts made at certain seasons of the year,
or by blanket contracts or orders covering the requirements of
one or more departments, offices and commissions;

(5) Prescribing the times for submitting estimates for various
supplies, equipment and other propert}';

(6) Regulations to secure the prompt deliver}' of commissary
and other necessary supplies;

(7) Standardization of forms for estimates, orders and con-
tracts ;

(8) Standardization of specifications for purchasing supplies,
equipment and other property;

(9) Standardization of quaHty, grades and brands to eliminate
unnecessary number of conunodities or of grades or brands of
the same commodity;

(10) The purchase of supplies and other property locally,
upon permission, specific or otherwise, of the state purchasing
agent ;

(11) The use and disposal of the products of state institu-
tions;

(12) Disposal of obsolete, excess and unsuitable supplies,
salvage and waste material and other property and the transfer
of same to other departments, offices and commissions;

(13) Storage of surplus supplies, equipment and other prop-
erty not needed for immediate use;

(14) The testing of commodities or supplies or samples
thereof;

(15) Hearings on complaints in respect to the quality, grade
or brand of commodities or supplies;

(16) The waiver of rules in special cases.

Rules, regulations and orders made under this section shall
not restrict otherwise than as provided in this section the
several state departments, offices and commissions as to the
quantity of supplies, equipment or other property which may
be purchased or contracted for, for them, or as to the nature
thereof.

Section 23. Any appointed officer failing to comply with any
rule, regulation or order made under the preceding section may,
after a hearing before the governor and council given to the
official concerned, be removed by them.

Section 24- The state purchasing agent shall be provided
with quarters in the state house and shall establish a supply
office therein. He shall keep on hand a reasonable quantity of
office stationery and supplies for the use of executive and ad-
ministrative departments and offices. He may maintain a
proper laboratory for the purpose of testing commodities or
samples thereof, or may make use of existing facilities suitable
for such purpose.

Section 25. The state purchasing agent shall advise with the
several state institutions that make or are able to make products

Acts, 1923. — Chap. 362. 335

suitahlc for the needs of state departments, oflices and com- products suit-
missions, and with the heads of sucli departments, offices and Jlf's'J;['to(ie°''^
commissions, with a view to ascertaining how best to improve partincnts, etc.
or change such products or the quahty or price thereof so as to
meet the needs of such state departments, offices and commis-
sions, and may make to such institutions such recommendations
rehiting thereto as seem best.

Sccfio7i 20. In order best to carry out the provisions of the Advisory
four prece(Hng sections, and sections fifty-one and fifty-two of "^^o-lrd'^^crtah^^^
chapter thirty, there shall be estabhshed an advisory standardiza- lishmcut, mem-
tion board, consisting of the state purchasing agent as its head etc.^ "^' "'"'^'
and such representatives of the several departments, offices and
commissions most affected by said provisions as shall be desig-
nated by the heads thereof. Said board shall consider and advise
as to the needs of the various state activities, how far they can
be reasonably harmonized and covered by standard specifica-
tions, and what, if any, materials are so lacking in importance
or uniformity as to warrant blanket authorization for their
local purchase.

Section 27. The state purchasing agent shall furnish to the state pur-
superintendent of the Massachusetts reformatory such of the ciKising agent

,.,, J. „j, ,,(» •. to furnish

paper used in tlie execution of the contract tor state prmtmg as paper to
he may need to fill any order for printing received from any riformitMy"^
department of the commonwealth for printing not included in
said contract.

Section 28. The division of personnel and standardization Division of
may carry on, under the direction of the commission, depart- personnel and
mental research, tending to greater co-ordination and standardi- tion, powers.
zation of administration, including the making of examinations ^^^'
and investigations, and recommendations based thereon.

It may provide technical advisers to undertake engineering
investigations in behalf of such departments, offices and com-
missions as are not organized to do such work. '

Section 29. All departments, officers and commissions before no state
entering upon the preparation of any annual or special report, publication to
document or other publication issued by or on behalf of the without ap-
commonwealth shall submit careful statements of the scope, divklon of
and estimates of the size, of such publication to the division of personnel and
personnel and standardization which shall examine them and tion.
define the form and extent of such publication, determining the
number of pages to which it may extend and whether it shall
include maps, plans, photogravures, woodcuts or other illustra-
tions; and no such publication shall be printed unless it bears
the certified approval of said division. An appeal may be taken Appeal.
from any decision of said division hereunder to the finance com-
mittee, whose decision shall be final. This section shall not Certain pub-
apply to publications issued by the officers of either branch of excep°ed.
the general court, or issued under special authority given by
the general court, or to the regular annual reports of the attorney
general, state treasurer, state auditor or state secretary, or to
reports of capital trials prepared by the attorney general under
section eleven of chapter twelve, or to publications prepared by
the state secretary in conformity with sections two and four of
chapter five.

336

Acts, 1923. —Chap. 362.

Division of
personnel and
standardiza-
tion to prepare
and print lists
of state officials
and employees
with their
salaries or
compensation.

Commiseioners
to decide ques-
tions as to
accounting
standards, etc.

To approve
contracts
by state pur-
chasing agent.

Equal voice by
commissioners.

Governor to
decide issue in
case of tie
vote.

Commission
to make
annual report
to general
court.

Section 30. The division shall collect at least once in every
fiscal year such information relative to certain officials and em-
ployees of the commonwealth as shall be furnished to it under
section thirty-eight of chapter thirty, which shall cover the
fiscal year preceding. From the information so collected it shall
keep a record, open to public inspection, showing the name,
residence, designation, rate of compensation and date of ap-
pointment or qualification of every such official and employee,
and any increase in the rate of salary or compensation paid him
during the preceding fiscal year. The record shall also contain
such other information concerning such officials and employees
as, in the opinion of the division, may be desirable. The comp-
troller shall, upon request of the division, verify a list of such
officials and employees, the amounts and rates of compensation
and other information concerning payments to officials and em-
ployees about whom information is furnished. The division
shall, on or before April fifteenth in each even numbered year,
publish a document containing such information concerning said
officials and employees in the employ of the commonwealth on
the preceding November thirtieth as, in its opinion, may be of
public interest. Said document shall contain such summary
and comparative tables as will best show the numbers of officials
and employees in the service of the commonwealth during the
two years preceding said November thirtieth, and during a
further period of two years prior thereto, to be arranged in such
manner as will make them of the greatest practical utility. The
document may be revised or rearranged at the discretion of the
division.

Section 31 . The commissioners, acting as a board, shall decide
questions, not involving legislation, which arise on matters re-
lating to accounting standards and practices other than those
relating to the establishment of the new accounting system pro-
vided for by chapter five hundred and forty-five of the acts of
nineteen hundred and twenty-two. Said board shall from time
to time authorize such additions to or deductions from the
balance sheet account representing state owned property in the
said new accounting system as it finds consistent with established
accounting standards, and no such additions or deductions shall
be made without a majority vote of the whole board and a
written certification to that effect. Said board shall pass upon
all contracts intended by the state purchasing agent, and no
such contract shall be made without the approval of such board.

Section SB. In any case in which the commissioners act as a
board, each commissioner shall have equal voice; and if there
is a tie vote upon any matter, except such as relates to authoriz-
ing additions to or deductions from the balance sheet account
representing state owned property, the board shall call upon the
governor or the person acting in his place to decide the issue.

Section 33. The commission shall annually on the second
Wednesday in January submit to the general court a printed
abstract of its report, exhibiting a full and accurate statement
of the financial condition and transactions of the commonwealth

Acts, 1923. — Chap. 362. 337

for the preceding fiscal year, and as soon as may be thereafter
it shall submit its printed report in detail.

Section 34. Such report shall contain a summary statement Contents of
of the receipts into, and payments from, the treasury of the com- ^"""* report,
momvealth for the preceding fiscal year; a detailed statement of
such receipts and expenditures, including the expense incurred
for the support of all permanent departments, offices, commis-
sions, services and institutions; and all exceptional and special
charges incurred for articles purchased. The account shall be
so constructed as to show the expenses which have been actually
incurred within the fiscal year, whether paid or unpaid at the
end of such year. It shall include all items of accounts of ex-
penditure of interest to the public, and, as far as may be, shall
show the different departments, oflRcers or commissions under
whose direction the expenditure was made and the different
officers who have received salaries or other general charges; and
no expenditure exceeding five hundred dollars, including separate
items, shall be classified under an indefinite head.

Section 35. The report shall show the aggregate amount of Annual report
funded debt and of all temporary loans at the beginning and debt,°etc"° ^
end of the fiscal year respectively and the balance of increase or
decrease in each case, and state the cause of such increase or
decrease. It shall state whether or not the ordinary expenses
of the fiscal year have exceeded the income, and show the
amount of the balance. It shall contain a particular statement
of all transactions affecting the funds belonging to or held in
trust by the commonwealth, including new investments of any
portion of the same made during the preceding fiscal year, and
also of the manner in which the income of the school fund has
been disbursed. In making such report the commission shall
estimate the value of securities at their market value at the time
of making its report. The report shall also include a statement
of the transactions of the commission in the performance of its
duties not directly connected Avith state finances. Said report Report may
may be published in such parts, or separate volumes, as the ["n pMts!^'^^'^
commission may determine.

Section 2. Section thirty-five of chapter three of the Gen- g.l. 3, §35,
eral Laws, as amended by chapter three hundred and forty- °** • amended.
three of the acts of nineteen hundred and twenty-one, is hereby
further amended by striking out, in the eleventh line, the words
"state auditor" and inserting in place thereof the word: —
comptroller, — and by striking out, in the sixteenth line, the
word "auditor" and inserting in place thereof the word: —
comptroller, — so as to read as follows : — Section 35. Advertise- Newspaper
ments of hearings shall be published only in newspapers desig- noUrefoT" °^
nated by the chairman of the committee on the part of the legislative
senate or of the house of representatives and the clerk of the
committee, subject to the approval of the committees on rules
sitting jointly or acting concurrently, and in each case the order
for the advertisement shall be signed by the chairman and clerk
of the respective committees, who shall designate therein the
newspapers in which such advertisement is to be published.

338

Acts, 1923. — Chap. 362.

G. L. 3, § 37,
amended.

Auditing of
expenses of
legislative
committees.

G. L. 3, § 38,
amended.

Payment of
fees for wit-
nesses before
general court.

G. L. 5, § 1,
amended.

Supervision of
state printing.

Proviso.

designating daily papers whenever such are available, and shall
file the same with the comptroller, who shall thereupon forward
a copy to the newspapers so designated for publication and shall
give the necessary directions to secure uniformity in the style
and manner of publication, as provided in the preceding section.
The comptroller shall certify all bills for publishing such ad-
vertisements, and shall annually, during the first week in April,
report in detail to the general court the expenses incurred by
the several committees under this section.

Section 3. Section thirty-seven of said chapter three is
hereby amended by striking out, in the fifth and sixth lines, the
words "state auditor" and in the eighth and in the twelfth lines
the word "auditor" and inserting in place thereof in each
instance the word : — comptroller, — so as to read as follows : —
Section 37. Except as provided in the two preceding sections,
no money shall be paid from the treasury for expenses incurred
by committees of the general court unless, at the beginning of
each month and at other convenient and necessary times during
the session, the clerk of the committee prepares a schedule, on
forms furnished by the comptroller, of the expenses incurred for
which bills have been rendered, which shall be approved in
writing by a majority of the members of the committee and
transmitted to the comptroller. If a bill for an authorized ex-
pense incurred during a regular or special session of the general
court is not rendered during such session so that it can be ap-
proved as aforesaid, the written approval of a majority of the
members of the committee shall be sufficient to authorize the
comptroller to certify it.

Section 4. Section thirty-eight of said chapter three is
hereby amended by striking out, in the ninth line, the words
"state auditor" and inserting in place thereof the word: —
comptroller, — so as to read as follows : — Section 38. Money
appropriated for fees of witnesses before the general court may
be paid to the sergeant-at-arms, who shall pay therefrom the
legal fees due to witnesses summoned before committees au-
thorized to send for persons and papers, upon the certificate of
the chairman or other member authorized by the committee to
certify such accounts, as soon as may be after said witnesses
have been discharged, and in like manner shall pay the expense
of taking depositions authorized by such committees, and shall,
within ten days after prorogation, return to the comptroller an
account of such payments, and repay to the state treasurer the
unexpended balance of such money. If witnesses are summoned
in any session before an appropriation for their payment has
been made, the governor may draw his warrant for an amount
not exceeding the appropriation made in the preceding fiscal
year, and in no case exceeding three hundred dollars.

Section 5. Chapter five of the General Laws is hereby
amended by striking out section one and inserting in place
thereof the following: — Section 1. The division of personnel
and standardization shall supervise the state printing and all
publications by the commonwealth shall be printed under its
direction; provided, that the foregoing provisions shall not apply

Acts, 1923. —Chap. 302. 339

to legislative printing or to publications required to be issued

by the state secretary luider the three following sections, or

under chapter ninety of the resolves of nineteen hundred and

twenty or any other special provision of law. All publications Distribution of

bv the connnonwealth shall be distributed under tlxe direction f!-'**® pubiica-

» , 11- • I 1 tions.

01 the state secretary unless otherwise provided.

Section G. Section six of said chapter five is hereby amended g. l. 5, § 6,
by striking out, in the fifth line, the words "supervisor of ad- *"»''" J'"'-
ministration" and inserting in place thereof the words: —
division of personnel and standardization, — so as to read as
follows : — Section G. All reports required to be made by perma- publication of
nent state departments, officers and commissions shall, except annual reports
as otherwise provided, be printed annually before the assembling ments.
of the general court, or as soon thereafter as possible. They
shall be numbered in a series to be called public documents.
The division of personnel and standardization shall designate Number to
the number of copies of each report to be printed, and none Reprinted.
additional shall be printed at the expense of the common-
wealth.

Section 7. Section eight of said chapter five is hereby g. l. 5, § 8,
amended by striking out, in the seventh and eighth lines, the amended,
words "state auditor. The supervisor of administration" and
inserting in place thereof the words : — comptroller. The division
of personnel and standardization, — and by striking out, in the
ninth line, the word "his" and inserting in place thereof the
word : — its, — so as to read as follows : ■ — Section 8. Case Distribution
books and technical reports published at the public expense and\Mhn°^a^i
shall be distributed exclusively by the state secretary. Such reports.
publications shall be distributed free of charge, but only upon
written request, to such persons and in such numbers as are
mentioned in the preceding section, or for the purpose of exchange
with other states. They may be delivered to other persons only
upon receipt of a sum equal at least to the estimated cost thereof,
as determined by the comptroller. The division of personnel
and standardization shall determine whether such publication
is a case book or a technical report, and from its decision an
appeal shall lie to the committee of the executive council ap-
pointed to consider matters of finance, whose decision shall be
final.

Section 8. Section eight of chapter six of the General Laws g. l. 6, § s,
is hereby amended by striking out, in the eighth line, the words amended,
"state auditor" and inserting in place thereof the word: —
comptroller, — so as to read as follows : — Section 8. An Extraordinary
amount not exceeding one hundred thousand dollars shall be expenses of
appropriated each year for carrying out sections twenty -nine to
thirty-seven, inclusive, of chapter thirty-three, for the entertain-
ment of the president of the United States and other distinguished
guests while visiting or passing through the commonwealth, for
extraordinary expenses not otherwise provided for, which the
governor and council may deem necessary, and for transfer,
upon the recommendation of the comptroller, with the approval
of the governor and council, to such appropriations as have
proved insufficient.

340

Acts, 1923. — Chap. 362.

G. L. 8,
§§ 3, 8, re-
pealed.

G. L. 8, § 6,
amended.

Superintendent
of buildings to
direct repairs
and improve-
ments, etc.

Not applicable
to state in-
stitutions, etc.
G. L. 8, § 11,
amended.

Reports by
superintendent
of buildings.

G. L. 9, § 14,
repealed.

G. L. 11, §§3,
4, 7-11, 18-15,

G. L. 11, §5,
amended.

Deputy, ap-
pointment
by state
auditor, salary,
etc.

G. L. 11, § 6,
amended.

State auditor
may appoint,
etc., em-
ployees.

Division of
receipts and
division of
disbursements.

G. L. 11, § 12,
amended.

Auditing of
accounts of
departments,
etc.

Section 9. Sections three and eight of chapter eight of the
General Laws are hereby repealed.

Section 10. Section six of said chapter eight is hereby
amended by striking out the first two sentences, by striking out,
in the ninth hne, the word "said" and inserting in place thereof
the words : — executive and administrative, — by striking out,
in the tenth and eleventh lines, the words " for all office furniture,
fixtures, equipment, stationery and office supplies which they
may require, and", by striking out, in the fourteenth and fif-
teenth lines, the words "articles shall be furnished, and such",
by striking out the comma in the fifteenth line, by striking out,
in the sixteenth line, the words "or chief clerk" and by striking
out the sixth, seventh and eighth sentences, — so as to read as
follows : — Section 6. He shall direct the making of all repairs
and improvements in the state house and on the state house
grounds. All executive and administrative departments and
officers shall make requisition upon him for any repairs or im-
provements necessary in the state house or in other buildings
or parts thereof owned by or leased to the commonwealth and
occupied by said departments or officers. Such repairs or im-
provements shall be made only upon such requisition signed by
the head of the department or office. This section shall not
apply to state institutions or officers thereof.

Section 11. Section eleven of said chapter eight is hereby
amended by striking out all except the last sentence, — so as to
read as follows: — Section 11. He shall submit an annual report
to the governor and such other reports as the governor may
require.

Section 12. Section fourteen of chapter nine of the General
Laws is hereby repealed.

Section 13. Sections three, four, seven to eleven, inclusive,
and thirteen to fifteen, inclusive, of chapter eleven of the General
Laws are hereby repealed.

Section 14. Section five of said chapter eleven is hereby
amended by striking out all after the word "dollars" in the third
line down to and including the word "budget" in the fifth line,
— so as to read as follows : — Section 6. He may, subject to
confirmation by the governor and council, appoint a deputy in
his department at a salary not exceeding thirty-five hundred
dollars. The requirements of section two as to the bonding of
the first deputy shall apply to the deputy appointed hereunder.

Section 15. Said chapter eleven is hereby further amended
by striking out section six and inserting in place thereof the fol-
lowing: — Section 6. The state auditor may appoint and remove
such employees as the work of the department may require,
and fix their compensation. Said employees shall be organized
in two divisions, namely, the division of receipts and the division
of disbursements. The employees in the division of receipts
shall be qualified to check actual receipts.

Section 16. Said chapter eleven is hereby further amended
by striking out section twelve and inserting in place thereof the
following: — Section 12. The department of the state auditor
shall annually make a careful audit of the accounts of all de-

Acts, 1923. — Chap. 362. 341

partnients, offices, commissions, institutions and activities of
the commomvealtli, inchidiiig- those of the income tax (hvision
of the department of corporations and taxation, and for said
purpose the authorized officers and employees of said department
of the state auditor shall have access to such accounts at reason-
able times and said flepartment may require the production of
hooks, documents and vouchers, except tax returns, relating to
any matter within the scope of such audit. The accounts of the
last named department shall be subject at any time to such
examination as the governor and council or the general court
may order. Said department shall comply with any written
regulations, consistent with law, relative to its duties made by
the governor and council. This section shall not apply to the Not applicable
accounts of state officers which the director of accounts of the t" certain

, „ . , . . -Ill accounts.

department oi corporations and taxation is required by law to
examine. The department of the state auditor shall keep no Records of
books or records except records of audits made by it, and its annual Report of
annual report shall relate only to such audits. state auditor.

Section 17. Section seventeen of chapter twelve of the g. l. 12, § 17,
General Laws, as amended by section three of chapter three hun- *'*''■ amended.
dred and four and section one of chapter three hundred and
thirty-three of the acts of nineteen hundred and twenty-two, is
hereby further amended by striking out, in the fourth and fifth
lines, the words "state auditor" and inserting in place thereof
the word: — comptroller, — so as to read as follows: — Section Adjustment of
17. The salaries of district attorneys for the several districts, district at-
except Suffolk, shall, in January, nineteen hundred and twenty- torneys,

. 1 n ,1 Pxi I'xiiji assistant and

two, and every nve years thereafter, be adjusted by the comp- second assistant
troller, upon the basis of the annual average disposition of torneys 'Ixcept
criminal cases in their respective districts for the five years pre- Suffolk.'
ceding the first day of October immediately preceding, as de-
termined by the returns of the clerks of courts made to the
commissioner of correction under section eight of chapter one
hundred and twenty-four, in accordance with the following
schedule; and the salaries of the assistant and second assistant
district attorneys in the several districts, except Suffolk, shall
be sixty and forty-five per cent, respectively, of the salaries of
their respective district attorneys, as so adjusted; all of said
salaries shall be allowed from January first in the year of adjust-
ment and be paid by the commonwealth.

Annual Aver.^^oe Dlsposition of Criminal Cases in the
Dlstrict determined as aforesaid for Five Years preceding the
October First immediately preceding the Date of Adjustment.

3,000 or more
750 to 3,000 .
500 to 750
250 to 500
Less than 250

Schedule.

Salary
of District
Attorney.

$7,000
5,000
4,000
3,000
2,000

Section 18. Section five A of chapter twenty-five of the g. l. 25, § sa,
General Laws, inserted by section one of chapter two hundred ''*''' *'"'*"*^^'^-
and fifty-nine of the acts of nineteen hundred and twenty-two,

342

Acts, 1923. — Chap. 362.

Department of
public utilities
may summon
witnesses, take
testimony, etc.

Witness fees,
payment, etc.

G.L. 29, § 1,
amended.

Definition of
"depart-
ments ' ' as used
in certain
laws relating to
state finance.

G. L. 29, §4,
amended.

Estimates of
amounts
required for
certain pur-
poses by heads
of departments
etc., to be filed.

G.L. 29, §5,
amended.

Comptroller to
tabulate and
file certain
information
and estimates.

is hereby amended by striking ont, in the eighth hne, the words
"state auditor" and inserting in place thereof the word: —
comptroller," — so as to read as follows: — Section 5 A. In all
investigations and inquiries authorized by law to be made by
the department and in all proceedings before it, any commis-
sioner of the department may sunnnon witnesses, administer
oaths and take testimony. The fees of such witnesses for at-
tendance 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 comptroller.
The fees of such witnesses need not be paid or tendered to them
prior to their attendance and testimony.

Section 19. Section one of chapter twenty-nine of the Gen-
eral Laws is hereby amended by adding at the end thereof the fol-
lowing: — and the commission on administration and finance, —
so as to read as follows : — Section 1 . The word " depart-
ments", as used in this chapter, shall, unless the context other-
wise requires, mean all the departments of the commonwealth,
except the departments of banking and insurance and of civil
service and registration but including in lieu thereof the divisions
of banks and loan agencies, of insurance, of savings bank life
insurance and of civil service and the several boards serving in
the division of registration of the department of civil service and
registration, and also including the metropolitan district com-
mission and the commission on administration and finance.

Section 20. Section four of said chapter twenty-nine is
hereby amended by striking out, in the seventh line, the words
"supervisor of administration" and inserting in place thereof
the words : — budget commissioner, — so as to read as follows : —
Section 4- Officers and heads of departments who, in their
annual reports or otherwise, recommend or petition for the
expenditure of money by the commonwealth from any source
of revenue, including expenditures to be met by assessments or
the issue of notes or bonds, for any purpose not covered by the
estimates required to be submitted under the preceding section
shall annually, on or before October fifteenth, submit detailed
estimates thereof to the budget commissioner, together with
any other information required by him.

Section 21. Section five of said chapter twenty-nine is
hereby amended by striking out, in the first and ninth lines, the
words "state auditor" and inserting in place thereof in each
instance the word : — comptroller, — by striking out, in the
third line, the words "supervisor of administration" and in-
serting in place thereof the words : — budget commissioner, —
and by striking out, in the tenth line, the word "supervisor"
and inserting in place thereof the words : — budget commis-
sioner, — so as to read as follows : — Section 5. The comptroller
shall annually, on or before December twenty-sixth, prepare
and file with the clerk of the house of representatives and with
the budget commissioner statements of state accounts setting
forth in comparative tabulations the estimates filed under section
three and estimates of all claims and other expenditures author-
ized by law, including interest, sinking fund and serial bond

Acts, 1923. — Chap. 362. 343

rcquiroinonls, tlio appropriations for the preceding fiscal year
and e.\pen(litun\s for all state purposes for the preceding three
fiscal years. The conij)troller shall further prepare and file with
said clerk and budget commissioner, on or before said December
twent}'-sixth, liis estimates for the ordinary and other revenue
of the commonwealth in comparative tabulations with the
actual revenue for the preceding three fiscal years, together with
a statement of the free or unencumbered cash balance and other
resources available for appropriation.

Section 22. Said chapter twenty-nine is hereby further g. l. 29, new
amended by inserting after section five the following new sec- §^5.'
tion: — Scctio7i 5 A. Each department, office and commission Certain de-
responsible for any great amount of physical property shall fo sulJlT^t*' ^'^''"
annuallv submit with its budget estimates forecasts of probable annually fore-
annual construction expenditures for such period of years as able annual
shall be appropriate for such department, office or commission, expenditures.
Such forecasts shall be itemized, and items shall be classified classification
for each year under one of three following classes: "necessary", °^''*""s-
"desirable" or "contingent". The first class shall include work
that is a part of a fixed and continuing program or is unavoidably
necessary. The second class shall include items of work ad-
vantageously provided for at that time, but which might be
postponed or possibly advanced. The third class shall include
work dependent upon some other developments which cannot
be definitely predetermined. Such forecasts may be modified
from year to year to conform to changing conditions. The
budget commissioner may from time to time fix or change the
form of the forecasts, the classification of the items contained
therein or the period of years to be covered thereby.

Section 23. Section six of said chapter twenty-nine isG.L. 29, §6,
hereby amended by striking out, in the first line, the words ^™^"
"supervisor of administration" and inserting in place thereof
the words : — budget commissioner, — and by striking out, in
the seventh line, the words "state auditor" and inserting in
place thereof the word : — comptroller, — so as to read as fol-
lows:— Section 6. The budget commissioner shall study and Budsetcom-

. IP • • 11 missionerto

review all estimates and requests for appropriations and other examine
authorizations for expenditures of state funds filed with him as makrinvesUga-
provided by sections three and four, and shall make such investi- t'°"S' ^^^:-' f*"",

^ . *^ .,, Ill- c 1 preparation of

gations as will enable him to prepare a budget tor the governor, budget.
setting forth such recommendations as the governor shall de-
termine upon. The governor may call upon the comptroller for
information relative to finances and for assistance in the prepara-
tion of the budget. The budget shall be submitted by the gov- "^'r*^ •"?'" ^°
ernor to the general court annually within three weeks after the with recom-
general court convenes, and it shall embody all estimates, re- mc'dations.
quests and recommendations for appropriations or other authori-
zations for expenditures by the commonwealth. The budget Budsettobe
shall be classified and designated so as to show separately esti- '^'^^' ® '^^'^'
mates and recommendations for: (a) expenses of administra-
tion, operation and maintenance; (b) deficiencies or overdrafts
in appropriations of former years; (c) new construction, addi-
tions, improvements and other capital outlay; (d) interest on

344

Acts, 1923. — Chap. 362.

General appro-
priation bill.

Budget to be
accompanied
by governor's
messages, state-
ments, etc.

G. L. 29, S 18,
amended.

Payments from
state treasury
regulated.

Provisos.

Pay rolls of
members of
council and
general court.

G. L. 29, § 20,
amended.

Payments from
appropriations,
how authorized,
etc.

the public debt and sinking fund and serial bond requirements;
and (e) all requests and proposals, for expenditures for new
projects and other undertakings; and shall include in detail
definite recommendations of the governor relative to the amounts
which should be appropriated therefor. The budget shall also
include definite recommendations of the governor for financing
the expenditures recommended, and the relative amounts to
be raised from ordinary revenue, direct taxes or loans. All
appropriations based upon the budget to be paid from taxes or
revenue shall be incorporated in a single bill to be designated
the general appropriation bill. With the budget the governor
shall submit to the general court such messages, statements or
supplemental data relative thereto as he deems expedient, and
from time to time during the session of the general court he may
submit supplemental messages on recommendations relative to
appropriations, revenues and loans.

Section 24. Section eighteen of said chapter twenty-nine is
hereby amended by striking out, in the fourth and twenty-first
lines, the w^ords "state auditor" and inserting in place thereof
in each instance the word : — comptroller, — so as to read as
follows: — Section 18. Except as otherwise provided, no money
shall be paid by the commonwealth without a warrant from the
governor drawn in accordance with an appropriation then in
effect, and after the demand or account to be paid has been
certified by the comptroller; but the principal and interest on
all public debts shall be paid when due without any warrant,
and the revenue received from fees and fines under chapter
ninety and the revenue now paid into special funds and expended
by the division of waterways and public lands of the department
of public works shall be appropriated by the general court for
the purposes defined in existing laws; provided, that no appro-
priation shall be required for the payment of principal or income
of funds held in trust by the commonwealth, or of sinking funds
to meet maturing bonds, or of treasury notes issued for duly
authorized temporary loans, or of corporation and other taxes
collected by the commonwealth for distribution to towns, or
for the investment of such funds as the state treasurer is duly
authorized to invest, or for payments authorized by law out of
the several prison industries funds, or for repayments required
by section seventy-eight of chapter sixty-three; and, provided,
further, that the governor may, without an appropriation, draw
his warrant for the payment of his own salary and the salaries
of the justices of the supreme judicial court. No certificate
shall be required from the comptroller for payment of the pay
rolls of the members of the council and general court.

Section 25. Section twenty of said chapter twentj'-nine is
hereby amended by striking out, in the second and seventh lines,
the words "state auditor" and inserting in place thereof in each
instance the word : — comptroller, — so as to read as follows : —
Section 20. No account or demand requiring the certificate of
the comptroller or warrant of the governor shall be paid from
an appropriation unless it has been authorized and approved by
the head of the department or office for which it was contracted;

Acts, 1923. —Chap. 362. 345

nor shall any appropriation be used for expenses, except gratuities
and special allowances by the general court, unless full and
properly appro\e(l vouchers therefor have been filed with the
comptroller.

Section 26. Section twenty-three of said chapter twenty -nine, g. l. 29, § 23,
as amended by chapter three hundred and forty-two of the acts ^*^°' "^'"•'"'i^'*-
of nineteen hundred and twenty-one, is hereby further amended
by striking out, in the fifth line, the words "state auditor"
and inserting in place thereof the word : — comptroller, — so
as to read as follows : — Section 23. Any officer authorized Advances from
to expend money in behalf of the commonwealth may have
money advanced to him from the treasury for such purposes,
in such sums and subject to such rules and regulations as the
comptroller may determine.

Section 27. Section twenty-four of said chapter twenty- g. l. 29, § 24,
nine is hereby amended by striking out, in the fifth line, the *"i^"'^^''-
words " state auditor " and inserting in place thereof the word : —
comptroller, — so as to read as follows: — Section 24- Such officers to
officers shall certify that the amount is needed for immediate immediate
use, and, as specifically as may be, the purposes for which the need for
expenditure is required. The certificate shall bear the approval
of the officer or department having the supervision of such ex-
penditure and, when filed with the comptroller, his certificate
and the warrant and payment shall follow as in case of claims
against the commonwealth.

Section 28. Section twenty-five of said chapter twenty-nine g. l, 29, § 25,
is hereby amended by striking out, in the second and sixth lines, ^^^nded.
the words "state auditor" and inserting in place thereof in
each instance the word : — comptroller, — so as to read as fol-
lows : — Section 25. Such officers shall, within thirty days after statement in
receipt of an advance, file with the comptroller a detailed state- ^ro\fer*° '^°™''^'
ment of the amounts expended subsequent to the previous ac-
counting, approved by the officer or department authorized to
supervise such expenditure, with vouchers therefor if they can
be obtained. All advances so made shall be accounted for and
vouchers therefor filed with the comptroller before December
first in each year.

Section 29. Section twenty-six of said chapter twenty-nine g. l. 29, § 26,
is hereby amended by striking out, in the ninth line, the words amended,
"state auditor" and inserting in place thereof the word: —
comptroller, — so as to read as follows : — Section 26. Expenses Expenses not
of offices and departments for compensation of officers, members ^° ^ro^riations
and employees and for other purposes shall not exceed the appro-
priations made therefor by the general court. No obligation in- obligations
curred by any officer or servant of the commonwealth in excess incurred m

P ^ . • s> ^ tT^ 1 ... excess of appro-

of the appropriation tor the office, department or institution priation not
which he represents shall impose any liability upon the common- fiIb"frty''on
wealth. If expenditures are made in excess of appropriations, commonwaaith.
the officers having charge of such expenditures shall annually,
on or before December fifteenth, report to the comptroller the
details thereof with the reasons therefor, and he shall make a
special report of the same to the general court early in its

346

Acts, 1923. — Chap. 362.

G. L. 29. § 29,
amended.

Transfer of
funds with
approval of
coniptroUer.

G. L. 29, § 33,
amended.

Par of ex-
change
adopted for
accounts, etc.,
of comptroller
and state
treasurer.

G. L. 29, § 48,
amended.

Notes for
certain state
loans, signa-
ture, etc.

G. L. 29, § 50,
amended.

Amount for
serial payments
of bonds, etc.,
to be included
in state tax.

G. L. 29, § 56,
amended.

Transfer of
unexpended
receipts from
sales of bonds,
etc., by state
treasurer.

G. L. 29, § 58,
amended.

Issue of reeji.s-
tered bonds in
exchange for
coupon bonds
of state.

Section 30. Section twenty-nine of said chapter twenty-nine
is hereby amended by striking out, in the sixth hne, the words
"state auditor" and inserting in place thereof the word: —
comptroller, — so as to read as follows : — Section 29. No
transfer of funds from one item of account to another on the
books of any officer or board having charge of any office, depart-
ment, institution or undertaking receiving an annual appropria-
tion from the commonwealth, upon which items of account such
annual appropriation is based, shall be made without the written
approval of the comptroller.

Section 31. Section thirty-three of said chapter twenty-nine
is hereby amended by striking out, in the fourth line, the words
"state auditor" and inserting in place thereof the word: —
comptroller, — so as to read as follows : — Section 33. The par
of exchange established by section thirty-five hundred and sixty-
five of the Revised Statutes of the United States is hereby
adopted for all accounts, entries and records in the books of the
comptroller and of the state treasurer.

Section 32. Section forty-eight of said chapter twenty-nine
is hereby amended by striking out, in the third line, the words
" state auditor " and inserting in place thereof the word : —
comptroller, — so as to read as follows : — Section 48- Notes
for money borrowed in anticipation of the receipts shall be
signed by the state treasurer, approved by the governor, and
countersigned by the comptroller.

Section 33. Section fifty of said chapter twenty-nine is
hereby amended by striking out, in the first line, the words
"state auditor" and inserting in place thereof the words: —
budget commissioner, — so as to read as follows : — Section 50.
He shall annually certify to the budget commissioner the amount
necessary to be included in the state tax to provide for such
serial payments of any bonds or scrip of the commonwealth,
and the amount shall be included in the state tax to be assessed
for the year in which such payments are to be made.

Section 34. Section fifty-six of said chapter twenty-nine is
hereby amended by striking out, in the seventh line, the words
"state auditor" and inserting in place thereof the word: —
comptroller, — so as to read as follows : — Section 5G. The
state treasurer, with the approval of the governor and council,
may transfer funds remaining in his hands from the sale of bonds
and other securities issued for specific purposes, when such
purposes have been fully accomplished and said bonds or other
securities so issued paid in full, to such sinking funds or such
other accounts for the reduction of outstanding indebtedness of
the commonwealth as may be approved by the comptroller.

Section 35. Section fifty-eight of said chapter twenty-nine
is hereby amended by striking out, in the seventh line, the words
"state auditor" and inserting in place thereof the word: —
comptroller, — so as to read as follows : — Section 58. The state
treasurer may, upon terms and regulations prescribed by the
governor and council, issue, in denominations of not less than
one thousand dollars, registered bonds in exchange for any

Acts, 1923. — Chap. 362. 347

coupon bonds of the conunonwcalth, which, with the exception
of the coupons, shall be in conformity with the laws authorizing
the issue of such coupon bonds. He shall mutilate and retain
the bonds so receixed in exchange. The comptroller shall certify
such registered bonds; and he and the state treasurer shall
each keep a register of their dates, numbers and amounts, the
names of the persons to whom they w^ere issued, when they are
payable, and for what bonds they were issued in exchange. The
state treasurer may also, upon the same terms and regulations,
issue in substitution for mutilated, defaced or endorsed bonds
presented to him other bonds of like or equivalent issues.

Section 36. Section sixty-one of said chapter twenty-nine ^jj^J^^j;''^^ '^'•
is hereby amended by striking out, in the first line, the words
"state auditor" and inserting in place thereof the word: —
comptroller, — so as to read as follows : — Section 61 . The Requirement

11 1 ,1 • 1 J 1 • of oath by

comptroller or any other person authorized to approve claims certain ciaim-
for materials, supplies or other articles furnished to, or for service st"atV?^^'"^*
or labor performed for, the commonw^ealth, may, before approv-
ing any such claim, require the claimant to certify on oath that
all the articles have been furnished, for which the claim has been
made, or that the service or labor has been performed, and that
no commission, discount, bonus, present or reward of any kind
has been received or promised or is expected on account of the
same.

Section 37. Section one of chapter thirty of the General ,^J;;dej j ^•
Laws is hereby amended by striking out all after the word " com-
mission" in the ninth line, and inserting in place thereof the fol-
lowing:— and the commission on administration and finance, —
so as to read as follows : — Section 1 . The following words, Definition of ^
as used in this chapter, shall have the following meanings, unless as used iT" ^
the context otherwise requires: reiaUng toltate

"Departments", except in section two, all the departments of departments,
the commonwealth, except the departments of banking and in- etc' "^
surance and of civil service and registration but including in
lieu thereof the divisions of banks and loan agencies, of insurance,
of savings bank life insurance and of civil service and the several
boards serving in the division of registration of the department
of civil service and registration, and also including the metro-
politan district commission and the commission on administra-
tion and finance.

Section 38. Said chapter thirty is hereby further amended ^~'- L- 30 § 7,

... . '■ , . . . , I « ,1 amended.

by striking out section seven and inserting m place thereof the
following : — Section 7. Each commissioner in charge of a Appointment
bureau of the commission on administration and finance and of'co'rrfidentiai
the officer in charge of the division of personnel and standardiza- ^\^^^^,l^'
tion of said commission, and each officer, board and commission,
other than the aforesaid commission, having supervision and
control of an executive or administrative department, including
the adjutant general and each officer, board and commission,
mentioned in section seventeen of chapter six, may, subject to
the approval of the governor and council, employ a person to
serve in a confidential capacity and may, with like approval,

348

Acts, 1923. — Chap. 362.

G. L. 30, § 15,
amended.

AmountB of
certain state
oflScials' bonds,
etc.

G. L. .30, § 25,
amended.

Expenses of
state officers,
etc.

G. L. 30, § 27,
etc., amended.

Payment of
state receipts
into treasury
daily, etc.

G. L. 30, new
section after
§30.

Uniform style
of headings for
state depart-
ment letter-
heads, etc.

remove him. Such employee shall receive such compensation
as shall be fixed by the officer, board or commission employing
him and approved by the governor and council.

Section 39. Section fifteen of said chapter thirty is hereby
amended by striking out, in the second line, the words " state au-
ditor" and inserting in place thereof the word: — comptroller, —
so as to read as follows: — Section 15. When state officials or
employees are required to give bond in which the amount is not
fLxed by law, the comptroller shall fix the amount and shall re-
quire that such bonds be made uniform so far as possible.

Section 40. Section twenty-five of said chapter thirty is
hereby amended by striking out, in the fourteenth line, the
words "state auditor" and inserting in place thereof the word: —
comptroller, — so as to read as follows : — Section 25. State
officers, and members of departments receiving a salary or its
equivalent, who are provided with offices by the commonwealth
and whose duties require regular attendance at such offices, shall
not be allowed or paid by the commonwealth any expenses in
the nature of traveling or living expenses. Such officers or mem-
bers of departments whose diities require them to travel else-
where than to and from the offices provided for them by the
commonwealth, and unpaid state officers or members of depart-
ments, and those whose duties do not require daily attendance
and who receive compensation by the day, shall be allowed
their actual reasonable expenses incurred in the performance of
such duties, if such expenses are authorized by law to be paid
by the commonwealth. Bills for such expenses shall be itemized
and the dates when, and the purposes for which, such expenses
were incurred shall be stated before their allowance by the
comptroller.

Section 41. Section twenty-seven of said chapter thirty,
as amended by chapter two hundred and twenty-five of the
acts of nineteen hundred and twenty-one, is hereby further
amended by striking out, in the fourth line, the word "super-
visor" and inserting in place thereof the words: — commission
on administration and finance, — so as to read as follows : —
Section 27. Except as otherwise expressly provided, all fees or
other money received on account of the commonwealth shall
be paid daily into the treasury thereof, but if in the opinion of
the commission on administration and finance and the state
treasurer the interests of the commonwealth require, payments
may be made weekly in accordance with such rules and regu-
lations as the state treasurer may prescribe.

Section 42. Said chapter thirty is hereby further amended
by inserting after section thirty the following new section : —
Section 30 A. The state secretary, the director of personnel and
standardization and the state purchasing agent shall, after con-
sultation with state officers, heads of departments and superin-
tendents of institutions, determine a uniform style of headings
for letterheads to be used by all executive and administrative
officers and departments and all institutions; but other styles
may be authorized in limited quantities for special purposes.

Acts, 1923. —Chap. 362. 349

Section 43. Section thirty -three of said chapter thirty, as o. l. so, § 33,
amended by section two of chapter twenty-four of the acts of ''^''■' «'"«"'i«^-
nineteen hundred and twenty-two, is hereby further amended
by striking out, in the second hne, the word "supervisor" and
inserting in place thereof the words: — commission on adminis-
tration and finance, — and by striking out, in the eleventh hne,
the word " supervisor " and inserting in place thereof the words : —
budget commissioner, — so as to read as follows: — Section S3. Annual reports
State officers and departments or heads thereof, except the com- etcVto^be '^'^^^'
mission on administration and finance, shall annually, on or by'^dni^rof^
before the first Wednesday in December, deposit with the state legislation, etc.
secretary such parts of their annual reports as contain recom-
mendations or suggestions for legislative action, accompanied
by drafts of bills embodying the legislation recommended; and
the state secretary shall forthwith transmit them to the general
court; provided, that such recommendations or suggestions for Proviso,
legislative action shall not include any requests for appropria-
tions or any matters required to be covered by budget estimates
submitted to the budget commissioner under section three or
four of chapter twenty-nine. Such drafts of bills shall, season-
ably before being deposited with the state secretary, be sub-
mitted to the counsel to the senate or counsel to the house of
representatives for advice and assistance as to the form thereof.

Section 44. Section thirty-five of said chapter thirty is g. l 30 § 35,
hereby amended by striking out, in the second line, the word
"supervisor" and inserting in place thereof the words: — di-
vision of personnel and standardization, — and by striking out,
in the third line, the words "the supervisor" and inserting in
place thereof the words : — said division, — so as to read as fol-
lows : — Section 35. State officers, departments or heads thereof Special reports
may make such special reports as the division of personnel and officers, etc.
standardization deems to be of practical utility. Appeal may Appeal.
be taken from any decision of said division hereunder to the
committee of the executive council appointed to consider
matters of finance whose decision shall be final.

Section 45. Said chapter thirty is hereby further amended g. l. 30 § 36,
by striking out section thirty-six and inserting in place thereof "^
the following : — Section 36. Every motor vehicle purchased by Marking and
the commonwealth shall be marked on a part of the vehicle not ^^0°^^ vehicles
readily removable, and in a conspicuous place, with the words
in plain letters "Commonwealth of Massachusetts", or in such
other manner as may be approved by the state purchasing agent.
He may make rules and regulations governing the marking of
such motor vehicles, and any appointed official who fails to
comply with an order, rule or regulation made under authority
hereof may be removed by the governor, with the advice and
consent of the council. Every officer, department, board, com-
mission or institution of the commonwealth operating any such
motor vehicle shall keep such a record of the use of such vehicle,
and shall make such reports in relation thereto, as may be pre-
scribed by the comptroller. The registrar of motor vehicles Distinctive
shall furnish for each such motor vehicle a distinctive number "umber plates.

350

Acts, 1923. — Chap. 362.

G. L. 30, §38,
amended.

State depart-
ments, etc.,
to furnish
information
concerning
officials and
employees.

G. L. 30, § 42,
amended.

Disposal of
duplicate and
obsolete state
documents,
etc.

Publication of
notice.

Public hearing,
etc.

Disposal of

money

received.

G. L. 30, § 45,

amended.

Classification of
certain state
offices and
positions.

plate bearing such arrangement of letters or numbers, or both,
as will distinguish the particular vehicle, and the officer, depart-
ment, board, commission or institution by which the vehicle is
operated, and at the expense thereof.

Section 46. Section thirty-eight of said chapter thirty is
hereby amended by striking out, in the second line, the word
"supervisor" and inserting in place thereof the words: — di-
vision of personnel and standardization, — and by striking out,
in the second line, the word "him" and, in the third line, the
word "he" and inserting in place thereof in each instance the
word : — ^ it, — so as to read as follows : — Section 38. Every
state officer, department or head thereof shall, whenever required
by the division of personnel and standardization, furnish it with
such information as it prescribes concerning all officials and
employees of the commonwealth employed in or by such office
or department for whose services money has been paid by the
commonwealth.

Section 47. Section forty-two of said chapter thirty is
hereby amended by striking out, in the first line, the words
"supervisor, the superintendent of buildings" and inserting in
place thereof the words : — state purchasing agent, the state
librarian, — so as to read as follows : — Section 1^2. The state
purchasing agent, the state librarian and an assistant attorney
general designated by the attorney general, acting as a board,
in consultation with the chairman of an^^ board or commission
and the head of any department or institution which may be
interested, may, in their discretion, sell any duplicate volumes
or documents, the property of the commonwealth, which are
held in the state library or any other department, and they shall
sell or destroy, from time to time, obsolete or worthless records,
books and documents. At least thirty days before selling or
destroying any such records, books or documents, the board
shall publish in a daily newspaper in Boston a notice of its in-
tention so to do, containing a brief description or summary of
the articles to be sold or destroyed, and it shall give such other
and further notice as it deems advisable to historical societies
or persons interested in the matter. It may, and upon petition
of twenty-five or more citizens of the commonwealth shall, before
selling or destroying any particular records, books or documents,
give a public hearing to all persons interested, and ten days'
notice of such hearing shall be given in a daily newspaper
published in Boston, x^ny money received from sales under
this section shall be paid to the cornmonwealth.

Section 48. Section forty-five of said chapter thirty is
hereby amended by striking out, in the fourth and fifth lines, the
word "supervisor" and inserting in place thereof the words: —
division of personnel and standardization, — so as to read as
follows : — Section 4^. All appointive offices and positions in
the government of the commonwealth, except those in the
judicial branch and those in the legislative branch other than
the additional clerical and other assistants in the sergeant-at-
arms' office, shall be classified by the division of personnel and
standardization, subject to the approval of the governor and

Acts, 1923. — Chap. 362. 351

council, in services, groups and grades according to the duties
pertaining to each ofiice or position. Such classification shall be
established by specifications defining for each grade the titles,
duties and responsibilities, and minimum qualifications for
entrance and promotion. The titles so designated shall be the
ofiiicial title of offices or positions included therein, and shall be
set forth on all pay rolls. The following words as used in this
and the four following sections and in said classification shall
have the following meanings:

"Group" includes offices and positions in a separate pro- Definitions.
fession, vocation, occupation or trade involving a distinctive
line of work which requires special education, training or ex-
perience;

"Grade", a subdivision of a group, including all positions
with substantially identical authority, duties and responsibility
as distinct from all other grades in that group;

"Advancement", an increase from one salary rate to another
within a grade;

"Promotion", a change from the duties of one grade to the
duties of a higher grade, which shall involve a change in salary
to the rates of the higher grade. «

Section 49. Section forty-six of said chapter thirty is hereby g. l. so, § 46,
amended by striking out, in the first line, the words " The super- amended,
visor" and inserting in place thereof the words: — Said divi-
sion, — so as to read as follows : — Section 46- Said division Rules and
may make rules and regulations, subject to the approval of the ap^pUcaUon ^°'
governor and council, providing for the application and ad- fJ^'^Jj^J;^™!"'®'
ministration of the classification and the specifications estab- classification of
hshed under the preceding section; and the salaries of all ofiUcers f^^'' o^^^^,
and employees holding offices and positions required to be classi-
fied under said section, except those whose salaries are now or
shall be otherwise regulated by law and those whose salaries are
required by law to be fixed subject to the approval of the gov-
ernor and council, shall be fixed in accordance with such classi-
fication and specifications.

Section 50. Said chapter thirty is hereby further amended ^';J;;j^g*|i § *^'
by striking out section forty-seven and inserting in place thereof '
the following : — Section ^7. Recommendations for increases in increases in
the salaries of officers and employees whose salaries are required certaijf state
by the preceding section to be fixed in accordance with such officers and
classification and specifications, shall be submitted in the first regulated.
instance to the said division, and if approved by it shall take
effect upon notice by the said division to the commissioner of
civil service and the comptroller. If the said division does not Reference to
approve a proposed increase in salary, it shall report the recom- founcu"' ^^'^
mendation of the department or institution with its own recom-
mendation to the governor and council whose decision shall be
final, except that the governor and council shall not grant an
increase in salary greater than that recommended by the depart-
ment or institution. Increases in salaries granted under this
section shall conform to such standard rates as may be estab-
lished by rule or regulation in accordance with the preceding
section. No increase in salary shall be granted under this section

352

Acts, 1923. — Chap. 362.

No increase
without appro-
priation.
When certain
increases shall
take effect.

G. L. 30, §
amended.

Appeal from
classification
of state
offices, etc.

G. L. 30, new
sections after
§50.

Purchase of
materials,
supplies, etc.,
for state de-
partments,
etc.

Approval of
purchases, etc.,
of supplies,
equipment,
etc., for state
departments,
etc.

G.L. 38, §11,
amended.

Reports of

evidence

at inquests in

railroad and

street railway

accidents.

unless an appropriation sufficient to cover such increase has been
granted by the general court in accordance with estimates for
the budget filed as required by law. No increase in a salary
exceeding or to exceed one thousand dollars, authorized under
this section between December first and May thirty-first, both
inclusive, in any year shall take effect until June first following
or such later date as may be fixed by the department or institu-
tion recommending such increase, with the approval of the said
division or the governor and council.

Section 51. Section forty-nine of said chapter thirty is
hereby amended by striking out, in the third and in the fourth
lines, the word "supervisor" and inserting in place thereof in
each instance the words : — said division, — and by striking
out, in the fifth line, the word " he " and inserting in place thereof
the word : — it, — so as to read as follows : — Section 49. Any
employee of the commonwealth objecting to any provision of
the classification affecting his office or position may appeal in
writing to the said division and shall be entitled to a hearing
upon such appeal. The said division shall report thereon with
such recommendations as it may deem expedient to the governor
and council.

Section 52. Said chapter thirty is hereby further amended
by adding at the end thereof, under the heading "Centralized
State Purchasing", the two following new sections: — Section
51 . All materials, supplies and other property, except legislative
or military supplies, needed by the various executive and ad-
ministrative departments and other activities of the common-
wealth shall be purchased by or under the direction of the pur-
chasing bureau in the manner set forth in the following section,
and sections twenty-two to twenty-six, inclusive, of chapter
seven. Said bureau shall be furnished with such general supply
appropriations, in addition to its departmental supply accounts,
as may be necessary in order to place blanket contracts or ad-
vance orders and thereby take advantage of favorable market
conditions. Section 52. No supplies, equipment or other prop-
erty, other than for legislative or military purposes, shall be
purchased or contracted for by any state department, office or
commission unless approved by the state purchasing agent as
being in conformity with the rules, regulations and orders made
under section twenty-two of chapter seven. Such approval may
be of specific or blanket form at the discretion of the state
purchasing agent.

Section 53. Section eleven of chapter thirty-eight of the
General Laws is hereby amended by striking out, in the twelfth
line, the words "state auditor" and inserting in place thereof
the word: — comptroller, — so as to read as follows: — Section
11. If a magistrate believes that an inquest to be held by him
relates to the accidental death of a passenger or employee upon
a railroad or electric railroad or a traveler upon a public or private
way at a railroad crossing, or to an accidental death connected
with the operation of a street railway or of a railroad for private
use, he shall cause a verbatim report of the evidence to be made
and sworn to by the person making it; and the report and the

Acts, 1923. — Chap. 3G2. 353

bill for services, after examination and written approval by the
magistrate, shall be forwarded to the department of public Transmission
utilities within thirty days after the date of the inquest, and, *" pubtrc "'*"'*
when made, a copy of the magistrate's report on the inquest, "tiiities.
The bill, when approved by said department, shall be forwarded fpjJrovei" how
to the comptroller and paid by the commonwealth, assessed on paid, etc'
the person owning or operating such railroad or railway, and
shall be collected in the same manner as taxes upon corpora-
tions. The magistrate may in his discretion refuse fees to Magistrate
witnesses in the employ of the person upon whose railroad or "e'eJtcf certain
railway the accident occurred. witnesses.

Section 54. Section eighty-three of chapter forty-eight of G- l. p, § 83,
the General Laws is hereby amended by striking out, in the
fifth and in the sixth lines, the words "state auditor" and in-
serting in place thereof in each instance the word : — comp-
troller, — so as to read as follows : — Section 83. If a person Allowance to
entitled under either of the two preceding sections to the benefits tfrerllelf, etc.
provided in section eighty-one is killed, or dies within sixty days killed or fatally
from injuries received, while in the performance of duties en-
titling him to such benefits, and his death is certified to the
comptroller by the town clerk and the attending physician or
medical examiner, the comptroller shall certify for payment to
the executor or administrator of such person, out of the appro-
priation annually made for the purpose, the sum of twenty-five
hundred dollars for the use equally of his widow and minor
children; or if there are minor children but no widow, to their
use; or if there is no minor child, to the use of the widow; and
if there is no widow or minor child, to the use of the next of kin
if dependent on such deceased person for support. A child of
full age dependent upon such person for support shall be regarded
as a minor child.

Section 55. Section thirty-four of chapter sixty-two of the g. l. 62, § 34,
General Laws is hereby amended by striking out, in the second ^"'''" ® "
line, the words "state auditor" and inserting in place thereof
the word : — comptroller, — so as to read as follows : — Section Certain officers
34. The treasurer of every city, town and county, and the nameTand
comptroller, shall, annually not later than April tenth, in the addresses of

a *iii.i •• p'1,1' 1 certa,in public

lorm prescribed by the commissioner, furnish to him names and employees for
addresses of all employees of said cities, towns, counties and of p"u°jJSsel'*''
the commonwealth, respectively, receiving during the preceding
calendar year as salary, wages, or otherwise, amounts exceeding
eighteen hundred dollars in each case, together with the amount
received by each.

Section 56. Section seventy-eight of chapter sixty-three of g. l 63. § 78,
the General Laws is hereby amended by striking out, in the
fourth line, the words "state auditor" and inserting in place
thereof the word : — comptroller, — so as to read as follows : —
Section 78. If the court, upon a hearing or trial, adjudges that Reimbursement
said tax or excise, and the costs thereon, have been illegally Uixe°s%°tc, '^"
exacted, a copy of the judgment or decree shall be transmitted exacted.
by the clerk of the court to the comptroller, who shall thereupon
audit and certify the amount adjudged to have been illegally
exacted, with interest, and costs to be taxed by the clerk of the

354

Acts, 1923. — Chap. 362.

O. L. 66, § 1,
amended.

Duties of
supervisor of
public records
relative to
keeping and
preservation of
certain public
records.

Proviso.

G. L. 69, § 2.5,
etc., amended.

Articles pro-
duced by the
division of the
blind to be
purchased by
certain state
officials.

Proviso.

G. L. 70, § 16,
etc., amended.

Distribution
of income of
Massachusetts
School Fund,
returns by
superintendents
of schools, etc.

court in the same manner as otJier claims against the common-
wealth, and the state treasurer shall pay the same, without any
further act or resolve making appropriation therefor. So much
thereof as has been paid by the commonwealth to any town
may be deducted from and set off against any sum afterwards
payable to such town.

Section 57. Section one of chapter sixty-six of the General
Laws is hereby amended by striking out, in the eleventh line,
the words "supervisor of administration" and inserting in place
thereof the words : — division of personnel and standardiza-
tion, — so as to read as follows : — Section 1 . The supervisor of
public records, in this chapter called the supervisor of records,
shall take necessary measures to put the records of the common-
wealth, counties, cities or towns in the custody and condition
required by law and to secure their preservation. He shall see
that the records of churches, parishes or religious societies are
kept in the custody and condition contemplated by the various
laws relating to churches, parishes or religious societies, and for
these purposes he may expend from the amount appropriated
for expenses such amount as he considers necessary; provided,
that no measures shall be taken relative to the records of the
commonwealth unless the same are approved by the division of
personnel and standardization.

Section 58. Section twenty-five of chapter sixty-nine of the
General Laws, as amended by section seventeen of chapter four
hundred and eighty-six of the acts of nineteen hundred and
twenty-one, is hereby further amended by striking out, in the
first and second fines, the words "superintendent of buildings
and" and inserting in place thereof the words: — state purchas-
ing agent, such, — and by striking out, in the second line, the
word "or" and inserting in place thereof the words: — institu-
tions as may be authorized by him to make purchases and
officers in charge of, — so as to read as follows : — Section 25.
The state purchasing agent, such officers in charge of state insti-
tutions as may be authorized by him to make purchases and
officers in charge of other public institutions shall purchase
articles or supplies, other than products of prison labor, from
the division of the blind; provided, that the division has the
same for sale and that they were produced by persons under the
supervision of the division or in industrial schools or workshops
under its supervision.

Section 59. Section sixteen of chapter seventy of the Gen-
eral Laws, as amended by section three of chapter three hundred
and thirty-three of the acts of nineteen hundred and twenty-
two, is hereby further amended by striking out, in the thirteenth
line, the words "state auditor" and inserting in place thereof
the word : — comptroller, — so as to read as follows : — Sectimi
16. Every superintendent of schools shall annually, not later
than February first, file with the commissioner of education,
upon blanks prepared by the commissioner, a sworn statement,
containing data necessary to determine the amounts payable
under Part II of this chapter. F'ailure to file the same by Febru-
ary fifteenth shall cause the town to forfeit its share of the

Acts, 1923. — Chap. 362. 355

.income accrued during the preceding year. Before filing such

statement, the superintendent shall submit it to the chairman

of the school committee, who shall countersign it on oath, if,

after examination, he finds it correct. The commissioner shall ^omptroHcrof"

cause such statements to be examined, and shall certify to the amount due.

comptroller the amount due each town.

Section 60. Section four of chapter seventy-three of the g. l. 73, § 4,
General LaAvs, as amended by section nineteen of chapter four «"'<'• amended.
hundred and eighty-six of the acts of nineteen hundred and
twenty-one, is hereby further amended by striking out, in the
second line, the words "state auditor" and inserting in place
thereof the word : — comptroller, — so as to read as follows : —
Section 4- Principals of state normal schools shall give bonds in Bonds of
such penal sums as the comptroller may prescribe, conditioned ^^l^f^^l^^Ji
on the faitliful performance of their duties. schools.

Section 61. Section fifty-one of chapter seventy-four of the q. l. 74, §51,
General Laws is hereby amended by striking out, in the third amended.
line, the words "state auditor" and inserting in place thereof
the word : — comptroller, — so as to read as follows : — Section Advances of
61. In addition to the advances authorized by section twenty- curses of "^
three of chapter twenty-nine, the state treasurer shall, upon JJl^'^^^^^gg^ooi
requisition by the board to the comptroller, make an advance
for said cruises of not exceeding ten thousand dollars for six
months to the commanding officer of the vessel detailed therefor,
who shall give bond in the sum of ten thousand dollars, with
sureties approved by the governor and council, for its proper
disbursement. Said advance shall be accounted for by properly
approved vouchers within thirty days after the termination of
said cruises.

Section 62. Section six of chapter seventy-five of the Gen- g. l. 75. § e,
eral Laws is hereby amended by striking out, in the third line, *'"*'° ^ '
the words "state auditor" and inserting in place thereof the
word : — comptroller, — so as to read as follows : — Section 6. Massachusetts

, . « . , ,. 1 11 1 Agricultural

A complete accountmg 01 receipts and expenditures shall be College, ac-
made to the governor annually. Monthly statements of receipts financial state-
and expenditures shall be made to the comptroller by the treas- ments, etc.
urer, who shall keep complete records and files of pay rolls and
bills in his office. There shall be a complete audit of the accounts Audit.
of the college, including receipts and expenditures, under the
direction of the trustees, at least twice a year.

Section 63. Section nine of chapter eighty-one of the Gen- g. l. si, § 9
eral Laws, as amended by section two of chapter one hundred ^ "" ^^^
and twelve of the acts of nineteen hundred and twenty-one, is
hereby further amended by striking out, in the seventh line, the
words "state auditor" and inserting in place thereof the word: —
comptroller, — so as to read as follows : — Section 9. One Reimbursement

P \-\ u 1 • T T 111 of common-

lourth of any money wnicn may be expended under any pro- wealth for state

vision of sections four to eight, inclusive, for a highway in any highways.

county, with interest thereon at the rate of three per cent per

annum, shall be repaid by said county to the commonwealth in

such instalments and at such times within six years thereafter

as the division, with the approval of the comptroller, having

regard to the financial condition of the county, shall determine.

356

Acts, 1923. — Chap. 362.

G. L. 90, § 2.
etc., amended.

Registration of
motor vehicles
and trailers,
rebates and
half fees.

Provisos.

Assignment
of register
number to
another vehicle,

G. L. 90, § 28,
etc., amended.

Appeals from
rulings of
registrar of
motor vehicles.

Division of
highways,
registrar of
motor vehicles,
etc., may
summon
witnesses, etc.

Witness fees,
payment, etc.

Section 64. Section two of chapter ninety of the General
Laws, as amended by section one of chapter three hundred and
three of the acts of nineteen hundred and twenty-two, is hereby
further amended by striking out, in the fifty-sixth line, the word
"auditor" and inserting in place thereof the word: — comp-
troller, — so that the sixth paragraph will read as follows : —
A person who before the first day of August in any year transfers
the ownership or loses possession of any vehicle registered in his
name, and who applies for the registration of another vehicle of
less horse power or carrying capacity than that of the vehicle
so transferred or lost, shall be entitled, upon payment of the
proper fee set forth in section thirty-three, to a rebate equivalent
to one half the difference between the fee for the higher and the
fee for the lower horse power or carrying capacity; and a person
under like conditions who does not apply for the registration of
another vehicle, but who, on or before the first day of September
in the same year, files in the office of the registrar a written
application for a rebate shall be entitled to a rebate of one half
the fee paid for the registration of such vehicle; provided, that
no such rebate shall be paid except upon a certificate, filed with
the comptroller, setting forth the facts, and signed by the
registrar or his authorized agent; and provided, also, that the
rebate shall be paid out of the fees received for the registration
of motor vehicles and trailers, without specific appropriation.
The registrar, at his discretion, may assign to the vehicle of any
person who surrenders his registration certificate as herein pro-
vided, and who desires to register another vehicle, the register
number of the vehicle described in the surrendered certificate.

Section 65. Section twenty-eight of said chapter ninety,
as amended by chapter two hundred and two of the acts of
nineteen hundred and twenty-two, is hereby further amended
by striking out, in the twenty-first line, the word "auditor" and
inserting in place thereof the word : — comptroller, — so as to
read as follows : — Section 28. Any person aggrieved by a ruling
or decision of the registrar may, within ten days thereafter,
appeal from such ruling or decision to the division of highways,
which may, after a hearing, order such ruling or decision to be
affirmed, modified or annulled, but no such appeal shall operate
to stay any ruling or decision of the registrar. In the administra-
tion of the laws and regulations relative to motor vehicles the
division or its secretary, if so authorized by the division, or the
registrar, may summon witnesses in behalf of the common-
wealth and may administer oaths and take testimony. The
division 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 regard
to any matter or thing respecting which an oath or affirmation
is required by the division or by the registrar or by this chapter
shall be deemed guilty of perjury. The fees 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
comptroller. The supreme judicial or superior court may, upon

Acts, 1923. — Chap. 362. 357

the application of the di\'ision or the registrar, enforce all lawful Court enforce-

mGnt oi orders

orders of the division or the registrar under this section. etc.

Section 6(). Section ninety-nine of chapter ninety-two of ^- L- 92, § 99,
the General Laws is hereby amended by striking out, in the
third and in the tenth and eleventh lines, the words "state
auditor" and inserting in place thereof in each instance the
word: — comptroller, — so as to read as follows: — Section 99. Advanc^esof
There may be advanced by the commonwealth to such person person desig-
as the commission shall designate such sums of money, not ex- JlfetropoHtan
ceeding thirty thousand dollars at any one time, as the comp- district com-

,,"".», "^ ,K mission, etc.

troiler may certify to the state treasurer as necessary to enable
the commission to make direct payments upon its pay rolls and
other accounts. The person so designated shall give a bond,
with sufficient sureties to be approved by the state treasurer, in
the siun of thirty thousand dollars. Said sums may be advanced
from any loan or appropriation under the control of the commis-
sion. The person to whom this money is advanced shall within
thirty days from the receipt of any sum file with the comptroller
a detailed statement of the moneys expended, approved by the
commission, and, where it is practicable to obtain them, receipts
or other like vouchers of the persons to whom the payments
have been made.

Section 67. Section fifteen of chapter one hundred and fif- ^ ^ i^i' ^ ^^'
teen of the General Laws is hereby amended by striking out, in
the seventeenth hne, the words "state auditor" and inserting
in place thereof the word : — comptroller, — so as to read as
follows: — Section 15. The full amount expended for state or Returns of
military aid by any town, the names of the persons aided and ftat™and^
the classes to which they severally belong, the amounts paid to b ''cltie^alui
or for each person, the reasons therefor, the names of the persons towns.
on account of whose services the aid was granted, the names, if
any, of the companies, regiments, stations, organizations or
vessels in which they respectively enlisted, or to which they
were appointed, and in which they last served, and the relation-
ship of each person aided, to the soldier or sailor on account of
whose ser\'ice the aid was granted, and such other details as the
commissioner may require, shall, within the first ten days of
the month following the month in which the expenditure was
made, be certified, on oath, by the mayor, treasurer and city
clerk of any city or a majority of the selectmen of any town dis-
bursing the same, to said commissioner on blank forms provided
by him, and in a manner approved by him. The commissioner Allowance,
shall examine the certificates thereof and allow and endorse mfssioner°of"
thereon such amounts as he finds have been paid and reported state aid and
according to this chapter, and shall transmit the certificates to
the comptroller. The commissioner may decide upon the neces-
sity of the amount paid in each case, and may allow any part
thereof which he deems proper and lawful and which, in cases of
payment to or for persons of the third or fourth class entitled to
receive military aid, he shall also find to have been made accord-
ing to his orders; but he shall allow and endorse the amounts
which he has specifically authorized to be paid under and ac-
cording to his decisions made under section five. The whole of

358

Acts, 1923. — Chap. 362.

State reim-
bursement of
cities and
towns.

G. L. 115, §20,
amended.

Expense of
burial of
indigent
soldiers, etc.,
limited.

Returns of
expenditures
by cities and
towns.

State reim-
bursement.

G. L. 120, § 8,
amended.

Bonds and
accounts of
superintendents
of Massa-
chusetts train-
ing schools.

the amounts legally- paid as aforesaid and so allowed for state
aid, and all payments to or for persons of the third or fourth
class entitled to military aid, and one half of all payments made
to persons of the first or second class entitled to military aid,
but none of the expenses attending the payment of state or
military aid, shall be reimbursed by the commonwealth to the
several towns on or before November tenth in the year after
such expenditure.

Section 68. Section twenty of said chapter one hundred
and fifteen is hereby amended by striking out, in the twentieth
line, the words "state auditor" and inserting in place thereof
the word : — comptroller, — so as to read as follows : — Section
20. The expense of a burial as aforesaid shall not exceed sixty
dollars, two dollars of which shall be paid as compensation to
the burial agent causing the interment to be made; but if the
total expense of the burial, by whomsoever incurred, shall exceed
one hundred and thirty-five dollars, no payment therefor shall
be made by the commonwealth. The burial shall not be made
in any cemetery or burial ground used exclusively for the burial
of the pauper dead, or in any part of any cemetery or burial
ground so used. Relatives of the deceased who are unable to
bear the expense of burial may be allowed to conduct the funeral.
The full amount so expended, the name of the deceased soldier
or sailor, the regiment, company, station, organization or vessel
in which he served, the date of death, place of interment, and in
case of a wife or widow the name of the husband and date of
marriage, and such other details as the commissioner may re-
quire, shall be certified on oath to him, in such manner as he
may approve, by the burial agent and the treasurer of the town
expending the amount, within three months after the burial;
and the commissioner shall endorse upon the certificate his
allowance of such amounts as he finds have been paid, and re-
ported according to the foregoing provisions, and shall transmit
the certificate to the comptroller. The amounts legally paid
and so allowed, with no expense for disbursement, shall be re-
imbursed by the commonwealth to the several towns on or
before November tenth in the year after the expenditures have
been made.

Section 69. Section eight of chapter one hundred and
twenty of the General Laws is hereby amended by striking out,
in the third line, the words "state auditor" and inserting in
place thereof the word : — comptroller, — so as to read as fol-
lows : — Section 8. Each superintendent shall before entering
upon his duties give bond to the commonwealth, with sureties
approved by the governor and council, in such sum as the
comptroller may prescribe, conditioned that he shall faithfully
perform all his duties and account for all money received by
him as superintendent. The bond shall be filed in the office of
the state treasurer. Each superintendent shall have charge of
all the property of the institution within the precincts thereof.
He shall keep accounts of all his receipts and expenditures, and
of all property intrusted to him, showing the income and ex-
penses of the institution; and shall account to the trustees, in

Acts, 1923. — Chap. 3G2. 359

such manner as they may require, for all money received by

him. His books and all documents relative to the school shall

at all times be open to the inspection of the trustees. He shall jVSeY."^

keep a register, containing the name, age and circumstances

connected with the early history of each girl or boy, and shall

add such facts as come to his knowledge relative to her or his

history while at the institution, and after leaving it.

Section 70. Section ten of said chapter one hundred and g. l 120, § lo,

. . p , 1 u • • amended.

twenty is liereby amended by msertmg after the word mstitu-
tion" in the second line the words: — , except those required
to be made by the state purchasing agent, — so as to read as
follows: — Section 10. Each superintendent shall make all con- Contracts by
tracts on account of his institution, except those required to be of Maia^hut"*^
made by the state purchasing agent, in writing, with the ap- ^^gok'*'"'"^
proval of the trustees if their rules, regulations or by-laws
require it; and he or his successor may sue or be sued thereon
to final judgment and execution. No suit shall abate by reason Suits at law.
of the office of superintendent becoming vacant, but any suc-
cessor in office ma}' take upon himself the prosecution or defence
thereof; and upon motion of the adverse party and notice he
shall be required so to do.

Section 71. Section four of chapter one hundred and g. l. 122, § 4,
twenty-two of the General Laws is hereby amended by striking
out, in the sLxth line, the words "state auditor" and inserting
in place thereof the word : — comptroller, ■ — so as to read as
follows: — Section 4- The superintendent and resident physician Superin-
may reside with their families at the state infirmary. The oTstat"e ' ^*^*'"
superintendent shall receive no other compensation than that infirmary,
provided in section one and no perquisites for his services except bond, etc.
as aforesaid; and he shall give bond to the state treasurer for
the faithful performance of his duties in such sum as the comp-
troller may prescribe, and with sufficient surety to the accept-
ance of said trustees and subject to the approval of the gov-
ernor.

Section 72. Section six of said chapter one hundred and 5' ^^ }-f ^ ^•
twenty-two is hereby amended by striking out, in the third line,
the words "state auditor" and inserting in place thereof the
word: — comptroller, — so as to read as follows: — Section 6. Accounts of
All accounts for the maintenance of the state infirmary and the ^ '^ ® '
support of the inmates shall be approved by the trustees and
filed with the comptroller at the end of each month.

Section 73. Section nineteen of said chapter one hundred g. l. 122, § 19,
and twenty-two is hereby amended by striking out, in the sixth
line, the words "state auditor" and inserting in place thereof
the word : — comptroller, — so as to read as follows : — Section Accounts
19. All accounts against tfie commonwealth for allowance to f^^aUowanra
counties, cities and towns on account of state paupers shall be to counties,
rendered to the department on or before the third Wednesday count of state
of January annually, and shall be so made as to include all claims p^"p^''s-
for such charges up to the first day of said January, and, if ap-
proved by the department and certified by the comptroller, shall
be paid by the commonwealth. The department may require
such accounts to be accompanied with such statement of par-

360

Acts, ^923. — Chap. 362.

G. L. 123, § 17
amended.

Bills for board
of persons
boarded out
by department
of mental
diseases, how
paid, etc.

G. L. 123, § 32,
etc., amended.

Accounts for
maintenance
of state
hospitals,
approval,
payment, etc.

G. L. 125, § 3,
amended.

Bond of warden
and superin-
tendents of
state penal
and reforma-
tory institu-
tions.

G. L. 125, §5,
amended.

Deputy warden
or deputy
superintendents
tilling vacancy
in office of
warden or
superintendent,
bond, salary,
etc.

ticulars and facts, and substantiated by such affidavits, as it
orders.

Section 74. Section seventeen of chapter one hundred and
twenty-three of the General Laws is hereby amended by striking
out, in the fourth and in the fifth hues, the words " state auditor"
and inserting in place thereof in each instance the word : —
comptroller, — so as to read as follows: — Section 17. The bills
for the support of persons who are placed at board in families
by the department shall be payable monthly by the common-
wealth and shall be audited by said department, which shall, at
the end of each month, present to the comptroller a schedule of
all such bills incurred, and shall keep a register in such form that
the comptroller shall be able to verify the schedule.

Section 75. Section thirty-two of said chapter one hundred
and twenty-three, as amended by chapter one hundred and
ninety-three of the acts of nineteen hundred and twenty-two, is
hereby further amended by inserting after the word "him", in
the fourth line, the words : — , or by the superintendent, — and
by striking out, in the fifth line, the words "state auditor" and
inserting in place thereof the word : — comptroller, — so as to
read as follows : — Section 32. All accounts for the maintenance
of each of the state hospitals shall be approved by the trustees
thereof or, if the trustees so vote, by the chairman or some
member designated by him, or by the superintendent, and shall
be filed with the comptroller, and shall be paid by the common-
wealth. Full copies of the pay rolls and bills shall be kept at
each hospital.

Section 76. Section three of chapter one hundred and
twenty-five of the General Laws is hereby amended by striking
out, in the fifth line, the words " state auditor " and inserting in
place thereof the word : — comptroller, — so as to read as fol-
lows : — Section 3. The warden of the state prison and the
superintendents of the Massachusetts reformatory, prison camp
and hospital, state farm and reformatory for women shall, before
entering upon the performance of their official duties, each give
bond to the commonwealth, in such sum as the comptroller may
prescribe, with sureties approved by the commissioner, con-
ditioned faithfully to account for all money received by him and
faithfully to perform the duties of warden or superintendent.
The approval of the sureties shall be endorsed on the bond, and
it shall be filed in the office of the state treasurer.

Section 77. Section five of said chapter one hundred and
twenty-five is hereby amended by striking out, in the ninth line,
the words "state auditor" and inserting in place thereof the
word: — comptroller, — so as to read as follows: — Section 5.
If the office of warden, superintendent of the Massachusetts
reformatory or reformatory for women is vacant, or if the
warden or superintendent is absent from the prison or reforma-
tory or is unable to perform his duties, the deputy warden or
deputy superintendent shall have the powers, perform the duties
and be subject to the liabilities of the warden or superintendent.
If the office of warden or superintendent becomes vacant, the
commissioner may require the deputy warden or deputy superin-

Acts, 1923. — Chap. 362. 361

tendent to jrivc a bond to the commonwealth, in such sum as
the comptroller may prescribe, with sureties approved by the
commissioner, conditioned for the faithful performance of his
duties as deputy warden and treasurer or as deputy superin-
tendent until a warden or superintendent is qualified, and faith-
fully to account for all money received by him as such. After
the approval of such bond, the deputy shall, so long as he per-
forms the duties of the office, receive the salary of the warden
or superintendent in lieu of his salary as deputy warden or
deputy superintendent. If the deputy warden or deputy Removal for
superintendent does not give such bond when required, the boiid?etc.^'^°
commissioner may remove him from the office of warden or
superintendent, and appoint a temporary warden or superin-
tendent, who shall give such bond, and shall have the power and
authority, perform the duties and receive the salary of the
warden or superintendent until a warden or superintendent is
qualified.

Section 78. Section twenty-six of said chapter one hundred g. l. 125, §26,
and twenty-five is hereby amended by inserting after the word
" shall " the first time it occurs in the tenth line the words : —
, if authorized so to do by the state purchasing agent, — by
striking out, in the eleventh line, the words "pay all money
appropriated" and inserting in place thereof the words: — dis-
burse all money paid to him, — by striking out, in the twelfth
line, the words "full and accurate" and inserting in place thereof
the word : — such, — and by inserting after the word " re-
formatory" in the thirteenth and fourteenth lines the words: —
as may be approved by the comptroller, — so as to read as fol-
lows: — Section 26. The superintendent shall reside at all times Superintendent
within the precincts or dependencies of the reformatory. He setts reto-rna-
shall have the custody and control of prisoners committed to tory, residence,

,1 n 1 1 1 • • ff 1 ff powers, duties,

the reiormatory, the management and direction or the retorma- etc
tory, under the rules and regulations thereof, and the custody
and control of the buildings and property of the commonwealth
conaected therewith. He shall receive and securely keep, ac-
cording to the terms of the sentence, any male person sentenced
to the reformatory by any court of the United States, or sen-
tenced by such court to any other prison and removed to the
reformatory. He shall, if authorized so to do by the state
purchasing agent, purchase all necessary supplies for the re-
formatory, and shall receive and disburse all money paid to him
by the commonwealth for the support thereof. He shall cause
to be kept such books of account of the property, expenses,
income and business of the reformatory as may be approved
by the comptroller. He may, with the approval of the com-
missioner, expend not more than three hundred dollars annually
for the entertainment of official and other visitors to the re-
formatory.

Section 79. Said chapter one hundred and twenty-five is g. l. 125, § 34,
hereby further amended by striking out section thirty-four and ^™«"^«''^-
inserting in place thereof the following: — Section 34. He shall Superintendent
receive and disburse all money paid to him by the common- for women,
wealth for the support of said reformatory, shall, if authorized ^'^*'®^' ^^^-

362

Acts, 1923. — Chap. 362.

G. L. 125, § 49,
amended.

Prison con-
tracts, how
made, suite at
law, etc.

G. L. 125, §§ 51,
52, repealed.

G. L. 125, § 54,
amended.

Salaries, bills
for supplies,
etc., of state
penal and
reformatory
institutions,
payment,
certification,
etc.

G. L. 127, § 57,
amended.

Purchase for
use of public
offices, depart-
ments and
institutions of
articles manu-
factured by
prisoners from
lists furnished
by commis-
sioner of
correction.

SO to do by the state purchasing agent, purchase all supplies
and all other articles needed for carrying on and managing it,
shall have the custody and control of all property connected
with or belonging to it, and shall cause to be kept such books
of account of all its property, expenses, income and business as
may be approved by the comptroller.

Section 80. Section forty-nine of said chapter one hundred
and twenty-five is hereby amended by inserting after the word
"farm" in the third line the words: — , except those required to
be made by the state purchasing agent, — so as to read as fol-
lows : — Section 49- AH contracts on account of the state
prison, Massachusetts reformatory, reformatory for women,
prison camp and hospital and state farm, except those required
to be made by the state purchasing agent, shall be made by the
warden or superintendent in writing, and when approved in
writing by the commissioner shall be binding. The warden and
superintendents, or their successors, may sue or be sued upon
any contract made in accordance with this chapter. No such
suit shall abate by reason of said offices becoming vacant, but
the successor of any of said officers, pending such suit, may,
and, upon motion of the adverse party and notice shall, prosecute
or defend it.

Section 81. Sections fifty-one and fifty-two of said chapter
one hundred and twenty-five are hereby repealed.

Section 82. Section fifty-four of said chapter one hundred
and twenty-five is hereby amended by striking out, in the fourth
and in the tenth lines, the word "auditor" and inserting in
place thereof in each instance the word : — comptroller, — so
as to read as follows : — Section o4- The salaries and pay of
officers and employees and all bills for supplies and other ex-
penditures for said institutions shall be paid monthly by the
commonwealth, having first been certified by the comptroller,
upon schedules, enumerating the bills and pay rolls and accom-
panied by vouchers. The name and position of each officer
and employee, the amount of his pay and the amount due him
shall be on the pay roll, which, with said bills, shall be certified
by the warden or superintendent and approved by the com-
missioner. A record in full of the pay rolls and bills shall be
made by the clerk in a book kept therefor at each institution,
and the originals shall be deposited with the comptroller as
vouchers.

Section 83. Chapter one hundred and twenty-seven of the
General Laws is hereby amended by striking out section fifty-
seven and inserting in place thereof the following: — Section 57.
Annually in January the commissioner shall send to the comp-
troller, to the auditing and disbursing officers of the several
counties, and to the auditor and treasurer of each city and town
a list of the articles and materials that can be produced by the
labor of prisoners for the use of offices, departments and institu-
tions of the commonwealth and of the counties, cities and towns.
The requisitions hereinafter provided for shall conform to said
list unless it appears that special style, design or quality is

Acts, 1923. -C^hap. 302. 363

needed and shall ho on forms provided hy the commissioner.
The state purchasing agent or the purchasing agent of a city or Requisitions.
town shall make requisition therefor to the commissioner; pro- Proviso,
vided, that in the case of articles or materials needed by a state
office, department or institution and not required to he pur-
chased by the state purchasing agent, or needed by a county, or
by a city or town not having a purchasing agent, the requisition
shall be made by the officer in charge of the state, county, city
or town office, department or institution in which such articles
or materials are needed. The commissioner shall forthwith
inform said state, city or town purchasing agent or other officer
in what institutions they are produced, and he shall purchase
them from any institution so designated. If they are needed
immediately and are not on hand, the commissioner shall forth-
with so notify him, and he may purchase them elsewhere. No
bill for any such articles or materials purchased for the use of
said offices, departments or institutions, otherwise than from a
prison or from another penal institution, shall be allowed or
paid unless it is accompanied by a certificate from the commis-
sioner showing that a requisition therefor has been made and
that the goods cannot be supplied from the prisons. Provisions Certain city
of any city charter contrary to this section shall be void. simi's void°^^'

Section 84. Section seventy-one of said chapter one hun- g. l. 127, § 71,
dred and twenty-seven is hereby amended by striking out, in '^^'"ended.
the tenth and in the fifteenth lines, the words "state auditor"
and inserting in place thereof in each instance the word : —
comptroller, — so as to read as follows : — Section 71 . At least Accounting for
once in each month the receipts from the labor of prisoners in [aboTof ^"^""^
the state prison, the INIassachusetts reformatory, the reformatory prisoners in
for women, the prison camp and hospital and the state farm county insti-
shall be paid to the commonwealth, and the receipts from the *"*'°"^-
labor of prisoners in a jail or house of correction to tlie county,
and so much thereof as is necessary to pay the expenses of main-
taining the industries in said institutions shall be expended from
the state or county treasury for that purpose, but not until
schedules of such expenses have been sworn to by the warden
or superintendent and approved by the commissioner. When- Transferor
ever, in the opinion of the comptroller, the accumulated funds certa'ilf lect-
in the state treasury from the receipts from the labor of prisoners muiated funds,
in the state prison, the Massachusetts reformatory, the reforma-
tory for women and the state farm exceed the sums necessary
to pay the expense of maintaining the industries by which they
were produced, the comptroller shall direct that the surplus be
transferred from these accounts into the general fund or ordi-
nary revenue of the commonwealth. Receipts from any one of
the institutions shall be applied to paying the bills of that insti-
tution only. The warden or superintendent of the state prison. Payments
Massachusetts reformatory, reformatory for women or state commonweath.
farm shall, as often as he has in his possession money to the
amount of ten thousand dollars which he has received under the
provisions of sections fifty-three to sixty-seven, inclusive, pay
it to the commonwealth; and the master or keeper of a jail or

364

Acts, 1923. — Chap. 362.

G. L. 127, §161,
amended.

Account of
expenditures
of agents for
aiding dis-
charged
prisoners.

G. L. 128, § 23,
amended.

Compensation
for damages
incident to
checking spread
of white pine
blister rust.
Proviso.

Arbitrators,
payment of
award, etc.

G. L. 168, § 43,
amended.

Unclaimed
savings bank
deposits paid
to state
treasurer,
how reclaimed.

Proviso.

G. L. 175, § 178
amended.

house of correction shall, as often as he has in his possession such
money to the amount of five thousand dollars, pay it into the
county treasury.

Section 85. Section one hundred and sixty-one of said
chapter one hundred and twenty-seven is hereby amended by
striking out, in the seventh line, the word "auditor" and in-
serting in place thereof the word : — comptroller, — so as to
read as follows: — Section 161. The commissioner shall cause
an account to be kept of the money expended by the agents for
the necessary expenses of the service required by sections one
hundred and fifty-eight and one hundred and fifty-nine, for
correspondence and travel in procuring employment for and
furnishing clothing, board and tools to discharged prisoners and
for conveying them to their homes or places of employment,
which, upon approval by the comptroller, shall be paid at the
end of each month.

Section 86. Section twenty-three of chapter one hundred
and twenty-eight of the General Laws is hereby amended by
striking out, in the twelfth line, the words "state auditor" and
inserting in place thereof the word : — comptroller, — so as to
read as follows : — Section 23. The owner of any cultivated
berry-bearing shrubbery destroyed by the director or his as-
sistants under the two preceding sections shall receive compen-
sation therefor from the commonwealth, provided that he has
given written notice thereof to the director within thirty days
after the accrual of his claim to compensation. The director or
an assistant shall thereupon investigate the same, and if the
director does not agree with the claimant as to the validity of
his claim or as to the amount thereof, the question at issue shall
be determined by three arbitrators who shall be the commis-
sioner, the state forester, and an assistant attorney general to
be designated by the attorney general. Any award of damages
made by said arbitrators, together with the cost of the appraisal,
shall be certified to the comptroller, and shall thereupon be
paid by the commonwealth in the same manner as other claims.
Section 87. Section forty-three of chapter one hundred and
sLxty-eight of the General Laws is hereby amended by striking
out, in the sixth line, the words "state auditor" and inserting in
place thereof the word : — comptroller, — so as to read as fol-
lows:— Section 43. Any person claiming a right to money
deposited with the state treasurer under either of the two pre-
ceding sections, or section fifty of chapter one hundred and
seventy-two, may establish the same by a petition to the probate
court in which the decree was entered; provided, that in cases
where claims amount to less than fifty dollars, the claims may
be presented to the comptroller, who shall examine the same
and allow and certify for payment such as may be proved to his
satisfaction.

Section 88. Section one hundred and seventy-eight of
chapter one hundred and seventy-five of the General Laws is
hereby amended by striking out, in the fourteenth and seven-
teenth lines, the words "state auditor" and inserting in place
thereof in each instance the word : — comptroller, — so as to

Acts, 1923. — Chap. 362. 365

read as follows: — Section 178. The compensation of receivers Componsation
of insolvent companies shall be fixed by the supreme judicial o"recefver8*^^f
court. All accounts rendered to the court by such receivers i'lsurancc
shall be referred to the commissioner. companies.

Such receivers, at the expiration of one year after final settle- Duties of
ment ordered by the court, shall report to the court the names [fnc/i^^necr *°
and residences, if known, of the persons entitled to money or money.
dividends from the estate of such companies remaining in their ^0^^^""* ^°
hands uncalled for, with the amount due to each. The court
shall thereupon order a notice to be given by the receivers and,
upon the expiration of one year after the time of giving such
notice, the receivers shall in like manner report the amounts
still uncalled for. Unless cause shall appear for decreeing other- Payment to
wise, such amounts shall then be ordered to be paid to the com- commonwealth,
monwealth, and schedules signed by the receivers shall at the
same time be deposited with the state treasurer and comptroller,
setting forth the decree of the court and the names and resi-
dences, so far as known, of the persons or parties entitled thereto,
alphabetically arranged, and the amount due to each. The Notice of
comptroller shall forthwith cause notice of such deposit to be perso*nl^ii°
mailed to such persons, and, upon certification by him that a interest by
claimant is entitled to any part of said deposit, it shall be paid et".^^ ^° ^^'
in the same manner as other claims against the commonwealth.
Upon the payment to the commonwealth of such unclaimed Deposits of
money or dividends by the receiver and the allowance by the papers^"f
court of his final account, or at the expiration of one year after ^^en''"^'
the final settlement ordered by the court, if he then has in his
hands no unclaimed money or dividends, he shall deposit with
the commissioner all books and papers of such company, in-
cluding those relative to his receivership, which shall be pre-
served by the commissioner.

Section 89. Section one hundred and three of chapter one g. l. i85, § 103,
hundred and eighty-five of the General Laws is hereby amended ^™^'"*<^^'-
by striking out, in the eighth, in the twentieth and in the twenty-
second lines, the words "state auditor" and inserting in place
thereof in each instance the word : — comptroller, — so as to
read as follows: — Section 103. If there are defendants other Registration of
than the state treasurer and judgment is entered for the plaintiff juligment"'^'
against the state treasurer and against any of the other de- how satisfied.
fendants, execution shall issue against such other defendants and
be levied upon them. If the execution is returned unsatisfied
in whole or in part, and the officer returning the same certifies
that the amount due cannot be collected from the land or goods
of such other defendants, a justice of the superior court shall
direct the clerk to certify the amount due on the execution to
the comptroller, who shall thereupon audit and certify the
amount of the execution in the same manner as claims against
the commonwealth, and the state treasurer shall pay the amount
out of the assurance fund, without any further act or resolve
making an appropriation therefor.

If judgment in such action cannot for any reason be entered Entry of
against any of the other defendants it may be entered against against state
the state treasurer alone, or, if it cannot be entered against all treasurer.

366

Acts, 1923. — Chap. 362.

Certification
and payment
of judgment.

G. L. 217, §33,
etc., amended.

Budget system
for payments
for clerical
assistance in
registries of
probate.

Estimates for
new purposes.

Retirement
rights, etc.,
of certain
clerical em-
ployees in
Middlesex and
Suffolk
registries of
probate.

the other defendants, it may be entered against him and such
of the other defendants as are found Hable, and against whom
judgment can lawfully be entered.

If judgment is entered against the state treasurer alone, the
justice of the superior court before whom the action is tried
shall direct the clerk to transmit to the comptroller a certificate
of the entry of judgment and of the amount due, and the state
treasurer shall pay the same upon the certificate of the comp-
troller, as above provided.

Section 90. Section thirty-three of chapter two hundred
and seventeen of the General Laws, as amended by section one
of chapter forty-two of the acts of nineteen hundred and twenty-
one, is hereby further amended by striking out, in the sixth line,
the words "supervisor of administration" and inserting in place
thereof the words : — budget commissioner, — by striking out,
in the fourteenth and in the twentieth lines, wherever it occurs,
the word "supervisor" and inserting in place thereof in each
instance the words : — budget commissioner, — and by striking
out, in the fifteenth line, the words "state auditor" and insert-
ing in place thereof the word : — comptroller, — so as to read
as follows : — Section S3, (a) The registers for the several
counties shall annually be allowed for clerical assistance in their
respective counties, to be paid by the commonwealth, such sums
as shall annually be appropriated by the general court. The
said registers shall annually submit on or before the fifteenth
day of October to the budget commissioner a statement showing
in detail the amounts expended by them for clerical assistance
in their respective counties for the current fiscal year, and esti-
mates of the amounts required for clerical assistance for the
ensuing fiscal year, with an explanation of any increased appro-
priations recommended and citations of the statutes relating
thereto, together with such other information from time to time
as may be required by the budget commissioner. The registers
shall file at the same time duplicate copies thereof with the
comptroller. If said estimates include any recommendations
for expenditures for new or special purposes or objects not au-
thorized by statute, such recommendations shall be separately
itemized in detail, together with such other information relating
thereto as the budget commissioner requires. The budget com-
missioner shall study and review all estimates and requests for
appropriations and other authorizations for expenditure of state
funds filed with him pursuant to this section, and shall make
such investigations as he may deem necessary in the prepara-
tion of the budget for the governor, (b) In the case of any
clerical employees in the registries of probate of Middlesex and
Suffolk counties whose salaries are assumed by the common-
wealth under the terms of this section, service rendered prior to
such assumption shall be counted as part of a continuous service
under the terms of sections one to five, inclusive, of chapter
thirty-two, and any such employee, irrespective of age, shall
become a member of the state retirement system, but no such
employee shall remain in the service of the commonwealth after

Acts, 1923. —Chap. 363. 367

reaching the age of seventy, (c) All clerical employees in the Classification
various registries of probate shall be subject to the provisions of empfoye^'s in
sections forty-five to fifty, inclusive, of chapter thirty. registries of

Section 91. Section thirty-six of said chapter two hundred g. l. 217, $36.
and seventeen, as amended by section four of chapter three etc., amended.
hundred and thu'ty-three of the acts of nineteen hundred and
twenty- two, is hereby further amended by striking out, in the
second line, the words "state auditor" and inserting in place
thereof the word : — comptroller, — so as to read as follows : —
Section 36. In the year following each state and national census. Adjustment of
the comptroller shall adjust the salaries provided for in the two fudges! registers
preceding sections in accordance with said sections, on the basis ^"4 assistant
of said census, and the salaries so adjusted shall be allowed from probate\nd
January first in the year of adjustment. insolvency.

Section 92. The provisions of section eight and sections Certain provi-
twenty-one to twenty-six, inclusive, of chapter five hundred and i922^estabiish-
fortv-five of the acts of nineteen hundred and twenty-two shall '"g commission

N . 1 • P j.*i J.U • 1 I °" administra-

contmue to be m lorce until their purposes have been accom- tionand
plished. All other provisions of said chapter five hundred and TOnt'inue°in
forty -five are hereby repealed, but, notwithstanding such repeal, fo'ce, etc.
the commission on administration and finance shall continue to ^rovkionl of'^*''^
exercise and perform all the rights, powers, duties and obliga- ^•'^ act, but,
tions transferred to it by section one of said chapter five hundred ing such
and forty-five, and the several bureaus and the division of rf^hfi; poweJ-s,
personnel and standardization of said commission shall continue duties, etc., to*
to exercise and perform the functions assigned to them, re-
spectively, by said chapter five hundred and forty-five, except
as otherwise expressly provided in this act and except that the
specific powers exercised prior to the taking effect of said chapter
five hundred and forty-five by the supervisor of administration
under section seven of chapter seven of the General Laws shall
not be exercised by said division, as such powers are now included
within the more general powers conferred by said chapter five
hundred and forty-five on the purchasing bureau. The pro- Provisions of
visions of this act, so far as they are the same as those of said constr'ued.''"'
chapter five hundred and forty-five, shall be construed as a
continuation thereof and not as new enactments.

Approved May 7, 1923.

An Act relative to high school transportation in certain rhrjj^ qaq

TOWNS OF less THAN FIVE HUNDRED FAMILIES AND STATE ^'

AID THEREFOR.

Be it enacted, etc., as follows:

Chapter seventy -one of the General Laws, as amended in sec- g. l. 71, § 7,
tion seven by section two of chapter two hundred and ninety-six ^^'^' ^^^uded.
of the acts of nineteen hundred and twenty-one, is hereby further
amended by striking out said section seven and inserting in
place thereof the following : — Section 7. If the expenditure per state reim-
thousand dollars valuation from the proceeds of local taxation ^manTo^wM for
for the support of public schools, made by any town of less than transportation,
five hundred families or householders for the three town fiscal schoo°i pupils.

368

Acts, 1923. — Chaps. 364, 365.

Expenditures
subject to
approval of
department of
education.

years preceding any school year, averaged more than four and
not more than five dollars, the commonwealth shall reimburse
the town for one half the amount paid by it during said school
year for transportation or board in accordance with the pre-
ceding section. If said average was more than five and not
more than six dollars, the reimbursement shall be for three
fourths of said amount, or if said average was more than six
dollars, the reimbursement shall be for the entire sum. Such
reimbursement shall not be based on the excess of any amount
above forty cents for each day of actual attendance of any
pupil. If, however, in order to reach the high school, a pupil
must travel three or more miles in some manner other than by
steam or electric railroad, or other public conveyance, then the
town shall be reimbursed three fourths of the excess, if any, that
it expends for such pupil's transportation or board, or both,
above forty cents, but not above eighty cents, for each day of
actual attendance. Said excess reimbursement shall be paid
only to towns in which said average expenditure per thousand
dollars valuation was more than five dollars. All expenditures
for which reimbursement is claimed shall be subject to approval
by the department. Approved May 7, 1923.

Chav-^^^ An Act relative to state reimbursement to towns fob

VOCATIONAL AGRICULTURAL EDUCATION IN HIGH SCHOOLS.

G. L. 74, § 10,
amended.

State reim-
bursement to
towns for
vocational
agricultural
education in
high schools.

Proviso.

Be it enacted, etc., as follows:

Chapter seventy-four of the General Laws is hereby amended
by striking out section ten and inserting in place thereof the
following: — Section 10. The commonwealth shall reimburse
towns paying fees under section eight for tuition in agricultural
departments in high schools to the same extent as is provided
by chapter seventy-one in the case of towns paying fees for
tuition in public high schools, but in no event less than one half
the amount so expended, and shall reimburse towns so paying
fees for tuition in other vocational schools one half the amount
so expended; provided, that in any event the commonwealth
shall reimburse towns paying such tuition fees for children
placed therein by the commissioner of public welfare or the
trustees of the Massachusetts training schools for the whole
amount so expended. Approved May 7, 1923.

Chap.SQb An Act to provide for the completion by the metro-
politan DISTRICT COMMISSION OF THE OLD COLONY BOULE-
VARD, SO-CALLED.

Be it enacted, etc., as follows:

Section 1. The metropolitan district commission may ex-
pend a further sum of one million six hundred seventy-five thou-
sand dollars in addition to the amount authorized by chapter six
hundred and ninety-nine of the acts of nineteen hundred and
twelve, for the purpose of constructing and completing the
Old Colony boulevard, so-called, from a point at or near the

Metropolitan
district
commission
may complete
Old Colony
boulevard, so-
called.

Acts, 1923. —Chap. 366. 369

crossing of Columbia road and the New York, New Haven and
Hartford railroad to a point near the Neponset bridge in Boston,
and from a point near the Neponset bridge in Quiney to Quincy
shore reservation at Atlantic in the city of Quincy.

Section 2. To meet the aforesaid additional expenditure, qx„, „,„„„„„,
the state treasurer may, with the approval oi the governor and may issue
council, issue bonds to an amount not exceeding one million six °" ^' ^ "'
hundred seventy -five thousand dollars, in addition to the amount
already authorized by said chapter six hundred and ninety-nine,
as a part of the Metropolitan Parks Loan, Series Two. Such
bonds shall be issued as coupon or registered bonds for such
term of years as shall be recommended by the governor in ac- Term,
cordance with the provisions of section three of article LXII
of the amendments to the constitution, and shall bear interest interest.
semi-annually on the first day of January and July at such rate
as shall be fixed by the state treasurer, with the approval of the
governor and council.

Section 3. There shall be annually appropriated from re- Appropriations
ceipts in the Motor Vehicle Fees Fund a sum sufficient to meet vehicle Fee
the commonwealth's share of one half of all interest and serial Fund, etc.
payments upon the bonds issued under this act.

Approved May 7, 1923.

An Act authorizing the metropolitan district commission pi c,nn

TO construct furnace brook parkway from NEWPORT ^"'^P'^^'^O
avenue to HANCOCK STREET IN THE CITY OF QUINCY.

Be it enacted, etc., as follows. •

Section 1. The metropolitan district commission is hereby Metropolitan
authorized to expend a sum not exceeding one hundred and district com-
thirty-five thousand dollars in the construction of that part of construct part
Furnace brook parkway which extends from Newport avenue Br^o"k p^ark-
to Hancock street in the city of Quincy, including a bridge for ^^^ '° Quincy.
carrying said parkway over or under the tracks of the New
York, New Haven and Hartford railroad.

Section 2. To meet said expenditures the state treasurer state treasurer
may, with the approval of the governor and council, issue bonds bon'diTtc
to an amount not exceeding one hundred and thirty-five thou- °° ' ^ *'"
sand dollars as part of the Metropolitan Parks Loan, Series
Two. Such bonds shall be issued as coupon or registered bonds
for such term of years as shall be recommended by the governor Term,
in accordance with the provisions of section three of article
LXn of the amendments to the constitution, and shall bear
interest semi-annually on the first days of January and July at interest.
such rate as shall be fixed by the state treasurer with the approval
of the governor and council.

Section 3. There shall be annually appropriated from Appropriations
receipts in the Motor Vehicle Fees Fund a sum sufficient to vehici^ Fela
meet the commonwealth's share of one half of all interest and Fund, etc.
serial payments upon the bonds issued under this act.

Approved May 7, 1933.

370

Acts, 1923. — Chaps. 367, 368.

City of Revere
may borrow
money for
construction of
streets, sewers,
water mains
and other
permanent
improvements.

Chap.3Q7 An Act authorizing the city of revere to borrow money

FOR THE construction OF STREETS, SEWERS, WATER MAINS
AND OTHER PERMANENT IMPROVEMENTS.

Be it enacted, etc., as follows:

Section 1. For the purpose of constructing Beach street
from Church square to the metropohtan park reservation. Proctor
avenue throughout its entire length, Fenno street from Broad-
way to Washington avenue. Walnut avenue from Beach street
to Franklin avenue, and Winthrop avenue from the Boston,
Revere Beach and Lynn Railroad to the water front, including
the laying and relaying of water mains, sewers, drains and
electric wires in said streets at the time of construction, the city
of Revere may borrow from time to time such sums as may be
necessary, not exceeding, in the aggregate, two hundred and
fifty thousand dollars, and may issue bonds or notes therefor,
which shall bear on their face the words. Revere Permanent
Improvement Loan, Act of 1923. Each authorized issue shall
constitute a separate loan, and such loans shall be payable in
not more than ten 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 May 8, 1923.

Revere
Permanent
Improvement
Loan, Act of
1923.

Chap.SQS An Act to establish the salary of the commissioner of

STATE AID AND PENSIONS.

Be it enacted, etc., as follows:

G. L. 6, §
amended

Section L Section twenty -two of chapter six of the General
Laws is hereby amended by striking out, in the third and fourth
lines, the words "a salary of four thousand dollars" and in-
serting in place thereof the words : — such salary, not exceeding
five thousand dollars, as the governor and council shall deter-
mine, — so as to read as follows : — Section 22. There shall be
pensions^^'^ ^^^ ^^ officer to be known as the commissioner of state aid and
pensions, who shall be appointed by the governor, with the
advice and consent of the council, for three years, at such salary,
not exceeding five thousand dollars, as the governor and council
shall determine. He shall devote his Avhole time to the duties of
his office. He shall be state agent for the settlement of pensions,
bounty and back pay claims of citizens of this commonwealth
against the government of the United States.

Section 2. This act shall not take effect until a sufficient
appropriation has been made therefor, and then as of June first
in the current year. Approved May 8, 1923.

Commissioner

appointment,
salary, duties,
etc.

Time of taking
effect.

Acts, 1923. —Chaps. 369, 370, 371. 371

An Act to establish the salary of the commissioner of Chav.SQQ

CONSERVATION.

Be it enacted, etc., as follows:

Section 1. Section two of chapter twenty-one of the Gen- ,*"'-^'?M-'
eral Laws is hereby amended by striking out, in the fourth hne,
the word "five" and inserting in place thereof the word: —
six, — so as to read as follows: — Section 2. Upon the expira- Commissioner
tion of the term of office of a commissioner, his successor shall appointment?"'
be appointed for three years by the governor, with the advice salary, etc
and consent of the council. The commissioner shall receive
such salary, not exceeding six thousand dollars, as the governor
and council determine.

Section 2. This act shall not take effect until a sufficient Tjme of taking
appropriation has been made therefor, and then as of June first
in the current year. Approved May 8, 1923.

effect.

An Act relative to intoxicating liquors and certain
non-intoxicating beverages.

Chap.370

Be it enacted, etc., as follows:

Chapter 370, Acts of 1923.

Two referenda petitions filed May 14 and 19, 1923.
See page 597.

An Act authorizing the trustees of the Bristol county phnj) Q71

AGRICULTURAL SCHOOL TO REBUILD, FURNISH AND EQUIP ITS
MAIN SCHOOL BUILDING.

Be it enacted, etc., as follows:

Section 1. The trustees of the Bristol county agricultural Brlf^Tcount
school may expend a sum, not exceeding one hundred thousand agricultural
dollars, to rebuild, furnish and equip the main school building huUd]^cy^'
of said school, which was destroyed by fire on January seven- school building.
teenth of the current year.

Section 2. For the purposes aforesaid, the county commis- Bristol county
sioners of said county may borrow from time to time, on the m^TcSow^"^^
credit of the county, such sums as may be necessary, not exceed- n»oney. etc.
ing, in the aggregate, one hundred thousand dollars, and may
issue bonds or notes of the county therefor, which shall bear on
their face the words, Bristol County Agricultural School Loan, Bristol County
Act of 1923. Each authorized issue shall constitute a separate sc^oo^L^an,
loan, and such loans shall be payable in not more than ten years -'^*'* "^ '^^s.
from their dates. Such bonds or notes shall be signed by the
treasurer of the county and countersigned by a majority of the

370

Acts, 1923. —Chaps. 367, 368.

City of Revere
may borrow
money for
construction of
streets, sewers,
water mains
and other
permanent
improvements.

Chup.3Q7 An Act authorizing the city of revere to borrow money

FOR THE CONSTRUCTION OF STREETS, SEWERS, WATER MAINS
AND OTHER PERMANENT IMPROVEMENTS.

Be it enacted, etc., as follows:

Section 1. For the purpose of constructing Beach street
from Church square to the metropoHtan park reservation. Proctor
avenue throughout its entire length, Fenno street from Broad-
way to Washington avenue, Walnut avenue from Beach street
to Franklin avenue, and Winthrop avenue from the Boston,
Revere Beach and Lynn Railroad to the water front, including
the laying and relaying of water mains, sewers, drains and
electric wires in said streets at the time of construction, the city
of Revere may borrow from time to time such sums as may be
necessary, not exceeding, in the aggregate, two hundred and
fifty thousand dollars, and may issue bonds or notes therefor,
which shall bear on their face the words. Revere Permanent
Improvement Loan, Act of 1923. Each authorized issue shall
constitute a separate loan, and such loans shall be payable in
not more than ten years from their dates. Indebtedness incurred
under this act shall be in excess of the statutory limit, but shall,
pxcent as nrovided herein, be subiect to chanter fortv-four of

Revere
Permanent
Improvement
Loan, Act of
1923.

X^O, VV ij lO xxx^t

Commissioner
of state aid and
pensions,
appointment,
salary, duties,
etc.

Time of taking
effect.

lines, the words "a salary of four thousand dollars" and in-
serting in place thereof the words : — such salary, not exceeding
five thousand dollars, as the governor and council shall deter-
mine, — so as to read as follows : — Section 22. There shall be
an officer to be knowTi as the commissioner of state aid and
pensions, who shall be appointed by the governor, with the
advice and consent of the council, for three years, at such salary,
not exceeding five thousand dollars, as the governor and council
shall determine. He shall devote his whole time to the duties of
his office. He shall be state agent for the settlement of pensions,
bounty and back pay claims of citizens of this commonwealth
against the government of the United States.

Section 2. This act shall not take effect until a sufficient
appropriation has been made therefor, and then as of June first
in the current year. Approved May 8, 1923.

Acts, 1923. —Chaps. 369, 370, 371. 371

An Act to establish the salary of the commissioner of Chap.3Q9

CONSERVATION.

Be it enacted, etc., as follows:

Section 1. Section two of chapter twenty-one of tlie Gen- 0.L.21 §2,
eral Laws is hereby amended by striking out, in the fourth hne,

the word "five" and inserting in place thereof the word:

six, — so as to read as follows : — Section 2. Upon tlie expira- Commissioner

tion of the term of office of a commissioner, his successor shall appor^mem?"'

be appointed for three years by the governor, with the advice «aiary, etc

and consent of the council. The commissioner shall receive

such salary, not exceeding six thousand dollars, as the governor

and council determine.

Section 2. This act shall not take effect until a sufficient Time of taking
appropriation has been made therefor, and then as of June first ^^^^^'
in the current year. Approved May 8, 1923.

An Act relative to intoxicating liquors and certain
non-intoxicating beverages.

Chap.S70

Be it enacted, etc., as follows:

Chapter one hundred and thirty-eight of the General Laws is g. l. 138, new
hereby amended by inserting after section two the following |''^*^'°" ^^t^""
new section: — Section 2 A. No person shall manufacture, trans- Manufacture,
port by air craft, water craft or vehicle, import or export spiritu- etc"^of°[ntoxi-'
ous or intoxicating liquor as defined by section three, or certain (gating liquors

. , . ^ • 1 1 n 1 1 ,• 1 • and certain

non-mtoxicatmg beverages as denned by section one, unless m non-intoxicat-
each instance he shall have obtained the permit or other au- refiX^ed^^^
thority required therefor by the laws of the United States and
the regulations made thereunder. Approved May 9, 1923.

An Act authorizing the trustees of the Bristol county phnj) Q71

AGRICULTURAL SCHOOL TO REBUILD, FURNISH AND EQUIP ITS
MAIN SCHOOL BUILDING.

Be it enacted, etc., as follows:

Section 1. The trustees of the Bristol county agricultural B'^l^t^T* °^nt
school may expend a sum, not exceeding one hundred thousand agricultural
dollars, to rebuild, furnish and equip the main school building huM.^c^^'
of said school, which was destroyed by fire on January seven- ^"^"o' building.
teenth of the current year.

Section 2. For the purposes aforesaid, the county commis- Bristol county
sioners of said county may borrow from time to time, on the m^T^ow'^
credit of the county, such sums as may be necessary, not exceed- money, etc.
ing, in the aggregate, one hundred thousand dollars, and may
issue bonds or notes of the county therefor, which shall bear on
their face the words, Bristol County Agricultural School Loan, Bristol County
Act of 1923. Each authorized issue shall constitute a separate tcS'K.
loan, and such loans shall be payable in not more than ten years ■'"^^ °^ ^923.
from their dates. Such bonds or notes shall be signed by the
treasurer of the county and countersigned by a majority of the

372

Acts, 1923. — Chaps. 372, 373.

To be sub-
mitted to
Bristol county
commissioners.
Proviso.

county commissioners. The county may sell the said securities
at public or private sale upon such terms and conditions as the
county commissioners may deem proper, but not for less than
their par value. Indebtedness incurred under this act shall,
except as herein provided, be subject to chapter thirty-five of
the General Laws. The proceeds from the sale of the bonds or
notes issued hereunder shall be paid to the trustees of said school
by the treasurer of the county with the approval of the county
commissioners.

Section 3. This act shall take effect upon its acceptance
by said county commissioners; provided, that such acceptance
occurs prior to December thirty-first in the current year.

Approved May 9, 1923.

Chap. 37 2 ^^ ^^^ authorizing the town of watertown to incur

INDEBTEDNESS FOR SCHOOLHOUSE PURPOSES AND VALIDAT-
ING A VOTE OF SAID TOWN PASSED AT A SPECIAL TOWN MEET-
ING.

Be it enacted, etc., as follows:

Section 1. For the purpose of constructing a new senior
high school building, and for the purchase of original equipment
and furnishings for said building, the town of Watertown may
borrow from time to time such sums as may be necessary, not
exceeding, in the aggregate, six hundred thousand dollars, and
may issue bonds or notes therefor, which shall bear on their
face the words, Watertown High School Loan, Act of 1923.
Each authorized issue shall constitute a separate loan. Indebted-
ness incurred under section one of 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. The action of the limited town meeting of the
town of Watertown, at a regularly called meeting held April
twenty-third, nineteen hundred and twenty-three, in voting to
borrow the sum of fifteen thousand dollars, to provide money
to carry out a vote of said town meeting appropriating the
said sum for the purpose of paying for plans of a new senior high
school and for the commission for the architect for said building,
is hereby ratified and confirmed and the said town is hereby
authorized to borrow said sum as provided in said vote, payable
in the manner set forth therein, said indebtedness to be reckoned
within the statutory limit of indebtedness of the town.

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

Approved May 11, 1923.

Town of
Watertown
may borrow
money for
schoolhouse
purposes.

Watertown
High School
Loan, Act of
1923.

Vote passed at
town meeting
ratified, etc.

Chap.S73 An Act relative to the transaction of insurance by

CERTAIN DOMESTIC INSURANCE COMPANIES.

Emergency
preamble.

Whereas, The deferred operation of this act would defeat its
purpose, which is to provide immediate relief to certain domestic
insurance companies from the hardships incident to the opera-
tion of the present law relative to the transaction of insurance.

Acts, 1923. — Chap. 374. 373

tliereforo it is hereby declared to l)e an emergency law, necessary
for the immediate preservation of the public convenience.

Be it enacted, etc., a3 folloics:

Chapter one hundred and seventy-five of the General Laws is g. l. 175, new
hereby amended by inserting after section thirty-one the follow- ^3^'°" ^^^^^
ing new section: — Section SI A. Domestic companies incor- Transaction of
porated by special acts, whose charters grant authority to "ertafn"'^ ''^
transact insurance within a limited or defined territory, may, domestic
notwithstanding such limitations, transact insurance anywhere paniesincor-
outside the limits specified in the charter, subject to all general splvMs^ts.
laws applicable to such companies. Approved May 11, 1923.

An Act relative to the land court, Chap.S74:

Be it enacted, etc., a^ foUoies:

Section 1. Section ten of chapter one hundred and eighty- g. l. 185, § 10,
five of the General Laws is hereby amended by striking out the *'"^" ^^'
last sentence, — so as to read as follows: — Section 10. The Register of
register of deeds in each district where land has been registered fg t?regi's\'ra-
shall have the same authority as the recorder to make memo- tion of title to
randa affecting the title of such land, and to enter and issue ^" ' ^ ^'
new certificates of title, and to affix the seal of the court to such
certificates and duplicate certificates of title; but in executing
the provisions of this chapter, registers of deeds shall be subject
to the general direction of the recorder, in order to secure uni-
formity; and, in the performance of their duties under this
chapter, the official designation of registers of deeds shall be
assistant recorders for their respective registry districts.

Section 2. Said chapter one hundred and eighty-five is g. l. 185, § 12,
hereby further amended by striking out section twelve and in- '*'"®" ^ '
serting in place thereof the following: — Section 12. The judge judge of land
of the land court may appoint one or more examiners of title appo*iS ^am-
who shall be attorneys at law and he may also appoint a chief iners of title,
title examiner who shall perform all the duties of an examiner of examiner, etc
title and such other duties in connection with the work of the
court as the judge or associate judge may assign. Such chief
title examiner shall also in case of the absence, sickness or dis-
ability of the recordel" perform, under the title of deputy re-
corder, all of the official duties of the recorder.

Section 3. Section forty-five of said chapter one hundred g.l iss, §45,
and eighty-five is hereby amended by striking out, in the second '*'"^" ^
line, the words "as stated in his petition, and", — so as to read
as follows : — Section J^B. If the court, after hearing, finds that Decree of
the petitioner has title proper for registration, a decree of con- and re^i'stra-
firmation and registration shall be entered, which shall bind *o°u"t''^ '^"'^
the land and quiet the title thereto, subject only to the exceptions
stated in the following section. It shall be conclusive upon and
against all persons, including the commonwealth, whether men-
tioned by name in the petition, notice or citation, or included
in the general description "to all whom it may concern". Such Decree not to
decree shall not be opened by reason of the absence, infancy or ^ °^^"^ ' ^ °'

374

Acts, 1923. —Chap. 374.

Proviso.

Remedy frtr

aggrieved

persons.

G. L. 262, § 39,
amended.

Certain fees of
land court.

other disabilitj' of any person affected thereby, nor by an}' pro-
ceeding at law or in equity for reversing judgments or decrees;
subject, however, to the right of any person deprived of land,
or of any estate or interest therein, by a decree of registration
obtained by fraud to file a petition for review within one year
after the entry of the decree, provided no innocent purchaser
for value has acquired an interest. If there is any such purchaser,
the decree of registration shall not be opened but shall remain in
full force and effect fore\'er, subject only to the right of appeal
as provided by law from time to time. But any person aggrieved
by such decree in any case may pursue his remedy in tort against
the petitioner or against any other person for fraud in procuring
the decree.

Section 4. Chapter two hundred and sixty-two of the Gen-
eral Laws is hereby amended by striking out section thirty-nine
and inserting in place thereof the following : — Section 39. The
fees payable under chapter one hundred and eighty-five shall be
as follows : —

For the entry of every original petition or writ and trans-
mitting it to the recorder, when filed with an assistant recorder,
three dollars.

For every plan filed in an original proceeding, seventy-five
cents, and for every new plan filed after original registration or
for making a new plan on request of a registered owner, five dol-
lars. The filing fee in a registry of deeds upon receipt from the
recorder of the land court of a plan or copy of a plan shall be
one dollar.

For indexing an instrument recorded while a petition for
registration is pending, twenty-five cents.

For examining title, on a petition to register land, or on a
petition to register easements or rights in land, the actual amount
charged or allowed therefor to the examiner by the court.

For each notice by mail, twenty-five cents and the actual cost
of printing.

For all services by a sheriff or deputy sheriff under provisions
of chapter one hundred and eighty-five, the same fees as are
provided by law for like services.

For each notice by publication, twenty-five cents and the
actual cost of publication.

For entry of an order dismissing a petition for registration of
title, or for foreclosure of a tax title, or a decree of foreclosure
of a tax title or of redemption, and sending a memorandum to
the assistant recorder, one dollar.

For entry of a decree of registration and sending a memoran-
dum to the assistant recorder, one quarter of one per cent of
the assessed value of the property registered, on the basis of the
last assessment for municipal taxation, in addition to any sum
payable under section ninety-nine of chapter one hundred and
eighty-five, but in no one proceeding shall the amount payable
under this paragraph be less than ten nor more than one thou-
sand dollars.

For a copy of a decree of registration, foreclosure or redemp-
tion, one dollar.

Acts, 1923. —Chap. 375. 375

For the entry of nn original ccrtificjite of title and issuing one Certain fees of

di- . ,1 * 1 II land court.

uplicate, three dollars.

For making and entering a new certificate of title, including
issue of one duplicate, one dollar.

For each additional duplicate certificate after the first, one
dollar.

For the registration of every instrument, whether single or in
duplicate or triplicate, including entering, indexing and filing it
and attesting the registration thereof, and also making and
attesting a copy of memorandum on one instrument or on a
duplicate certificate when required, two dollars.

For making and attesting copy of memorandum on each addi-
tional instrument or duplicate certificate if required, seventy-
five cents.

For filing and registering an adverse claim, three dollars.

For entering statement of change of residen-ce or postoffice
address, including endorsing and attesting it on a duplicate
certificate, fifty cents.

For entering any note in the entry book or in the registration
book, fifty cents.

For the registration of a suggestion of death or notice of issue
of a warrant in insolvency or of adjudication of bankruptcy,
fifty cents.

For the registration of a partial release, discharge or release
of a mortgage or other instrument creating an encumbrance, or
of an assignment or extension of a mortgage, or of a power of
attorney, seventy-five cents.

For the registration of a memorandum or certificate of entry
for possession or deposition in proof thereof, seventy-five cents.

For the registration of any levy, or of any discharge or dissolu-
tion of any attachment or levy, or of any certificate of or receipt
for payment of taxes, or of a notice of a federal tax lien or of any
mechanic's lien or lien for labor or materials, or a notice of any
pending action or of a judgment or decree, fifty cents.

For endorsing on any mortgage, lease or other instrument a
memorandum of partition, one dollar.

For every petition after the original registration, one dollar.

For a certified copy of any decree or registered instrument,
the same fees as are provided for registers of deeds.

Approved May 11, 1923.

An Act relative to the salaries and retirement allow- nij^j^ ojn

ANCES OF the PRESENT JUSTICES OF THE SUPREME JUDICIAL ^"^^/'•'^•^
COURT.

Be it enacted, etc., as follows:

Section 1. The present chief justice of the supreme judicial Present justices
court shall receive a salary of twelve thousand five hundred dol- j'ulicwf court,
lars and each of the present associate justices of said court shall salaries.
receive a salary of twelve thousand dollars.

Section 2. Said chief justice and associate justices shall ^fg^^^IT^"*
likeM'ise be entitled to the benefits of sections sixty-one and
sixty -two of chapter thirty-two of the General Laws, except

376

Acts, 1923. — Chaps. 376, 377.

that their retirement allowances thereunder shall be based upon
the salaries received by them immediately prior to the time this
act takes effect. Approved May 11, 1923.

Chap

G. L. 6, new
section after
§37.

Trustees of
state library
may receive
money, etc., i
trust.

G. L. 10, § 16,
etc., amended.

State treasurer
may receive
and invest
trust funds
received from
department of
education,
commissioner
of conservation
and trustees
of state library,
etc.

Proviso.

.376 An Act authorizing the trustees of the state library
TO receive money and securities in trust for state

LIBRARY PURPOSES, TO BE ADMINISTERED BY THE STATE
TREASURER.

Be it enacted, etc., as folloivs:

Section 1. Chapter six of the General Laws is hereby
amended by inserting after section thirty-seven the following
new section: — Section 37 A. The said trustees may receive in
trust for the commonwealth any gift or bequest of money or se-
curities for any purpose incident to the uses of the state library,
and shall forthwith transfer any money or securities so received
to the state treasurer, who shall administer the same as provided
by section sixteen of chapter ten.

Section 2. Chapter ten of the General Laws, as amended
in section sixteen by section two of chapter three hundred and
one of the acts of nineteen hundred and twenty-three, is hereby
further amended by striking out said section sixteen and insert-
ing in place thereof the following: — Section 16. He shall in-
vest, reinvest and hold in the name of the commonwealth any
money or securities, or the proceeds thereof, received from the
department of education under section three of chapter sixty-
nine, or from the commissioner of conservation under section
sixty-nine of chapter one hundred and thirty-one, or from the
trustees of the state library under section thirty-seven A of
chapter six, and shall disburse the income or principal thereof
on the order of the commissioner of the department having charge
of the work in aid of which the gift or bequest was made, or on
the order of the trustees of the state library in case of gifts or
bequests for the use of the state library; provided, that no dis-
position of either income or principal shall be made which is in-
consistent with the terms of the trust on which tlie property is
held. He shall be responsible on his bond for the faithful manage-
ment of all such property. Approved May 11, 1923.

G. L. 80,
amended.

§1,

Chap.S77 An Act relative to betterment assessments and tax

SALES.

Be it enacted, etc., as follows:

Section 1. Section one of chapter eighty of the General
Laws is hereby amended by adding at the end thereof the fol-
lowing: — The board shall in the order of assessment designate
as the owner of each parcel the person who was liable to assess-
ment therefor on the preceding April first under the provisions
of chapter fifty -nine, — so as to read as follows: — Section 1.
Whenever a limited and determinable area receives benefit or
advantage, other than the general advantage to the community,
from a public improvement made by or in accordance with the
formal vote or order of a board of officers of the commonwealth

Assessment of
cost of public
improvements.

Acts, 1923. — Chap. 377. 377

or of a county, city, town or district, and such order states that
hetterincnts are to be assessed for tlie improvement, such board
siiall within six montiis after the completion of the improvement
determine the value of such benefit or advantage to the land
within such area and assess upon each parcel thereof a propor-
tionate share of the cost of such improvement, and shall include
in such cost all damages awarded therefor under chapter seventy-
nine; but no such assessment shall exceed the amount of such
adjudged benefit or advantage. The board shall in the order of ?J,VeTTn or"der
assessment designate as the owner of each parcel the person of assessment.
who was liable to assessment therefor on the preceding April
first under the provisions of chapter fifty-nine.

Section 2. Section four of said chapter eighty is hereby g. l. so, § 4,
amended by striking out, in the fifth and sixth lines, the words "*
" to whom each parcel was assessed at the last preceding annual
assessment of taxes" and inserting in place thereof the follow-
ing : — designated under section one as the owner of each parcel
assessed, and any demand for the payment of such assessment
shall be made upon such person, — and by striking out the last
sentence, — so as to read as follows : — Section 4- Within a Collection of
reasonable time after making the assessment the board shall
commit the list of assessments upon land in each town with
their warrant to the collector of taxes thereof, and he shall forth-
with send notice in accordance with section three of chapter
sixty, to the person designated under section one as the owner
of each parcel assessed, and any demand for the payment of such
assessment shall be made upon such person. Except as otherwise
herein provided, the collector shall have the same powers and
be subject to the same duties with respect to such assessments
as in the case of the annual taxes upon real estate, and the law
in regard to the collection of the annual taxes, to the sale of
land for the non-payment thereof and to redemption therefrom
shall apply to assessments made under this chapter, so far as the
same are applicable; but the owner of land assessed shall not
be personally liable for the assessment thereon. Every collector
of taxes receiving a list and warrant from the board shall collect
the assessment therein set forth, and at such times as the board
shall direct shall pay over to the treasurer of the body politic
on behalf of which the assessment was made the amounts
collected by him.

Section .3. Section five of said chapter eighty is hereby g. l 80, § 5.
amended by striking out, in the fifteenth line, the word "four"
and inserting in place thereof the word : — six, — so as to read
as follows : — Section 6. The owner of any real estate upon Abatement of
which betterments have been assessed may, within six months ^'^^ssments.
after notice of such assessment has been sent out by the collector,
file with the board a petition for an abatement thereof, and the
board within sixty days after such filing shall grant such abate-
ment as may be necessary to make such assessment conform to
section one. Such petition may be filed with the clerk or secre-
tary of the board, or delivered by mail or otherwise at their
office. The board shall within ten days after their decision upon
the petition give written notice thereof to the petitioner. If an

378

Acts, 1923. — Chap. 377.

G. L. 80, § 12,
amended.

Assessments to
constitute
lien, etc.

Duration of
lien.

G. L. 80, § 13,
amended.

Interest on
asses.sments.

Addition of
unpaid assess-
ments to
annual tax, etc.

Apportionmen t
of assessments.

assessment is abated by the board the assessment so determined
shall stand as the assessment upon the land, and if it has not
been paid shall be collected in the same manner as the original
assessment. If the assessment has been paid, the person by
whom it was paid shall be reimbursed by the body politic on
behalf of which it was assessed to the amount of the abatement
allowed, with interest at the rate of six per cent per annum from
the time of payment.

Section 4. Section twelve of said chapter eighty is hereby
amended by striking out, in the fourth and fifth lines, the words
"after the assessment is made" and inserting in place thereof
the following: — from October first in the year in which the
assessment is first placed on the annual tax bill under section
thirteen, — so as to read as follows: — Section 12. Assessments
made under this chapter shall constitute a lien upon the land
assessed. The lien shall take effect upon the recording of the
order stating that betterments are to be assessed for the improve-
ment, and shall continue for two years from October first in the
year in which the assessment is first placed on tlie annual tax
bill under section thirteen, or, if an assessment has been appor-
tioned, for two years after the last portion is payable, unless
sooner paid. If the validity of an assessment made under this
chapter is called in question in any legal proceeding to which the
board which made the assessment or the body politic for the
benefit of which it was made is a party, instituted prior to the
expiration of the lien therefor, the lien shall continue until one
year after the validity of the assessment is finally determined.

Section 5. Said chapter eighty is hereby further amended
by striking out section thirteen and inserting in place thereof
the following: ^ — Section 13. Assessments made under this
chapter shall bear interest at the rate of six per cent per annum
from the thirtieth day after the assessments have been com-
mitted to the collector. The assessors shall add each year to the
annual tax assessed with respect to each parcel of land all assess-
ments, constituting liens thereon, which have been committed
to the collector prior to April second of such year and which
have not been apportioned as hereinafter provided, remaining
unpaid when the valuation list is completed, with interest to
the date when interest on taxes becomes due and payable. At
any time before demand for payment by the collector and before
the completion by the assessors of the valuation list for the year
in which such assessments will first appear on the annual tax
bill, the board of assessors may, and at the request of the owner
of the land assessed shall, apportion all assessments made under
this chapter into such number of equal portions, not exceeding
ten, as is determined by said board or as is requested by the
owner, as the case may be, but no one of such portions shall be
less than five dollars. The assessors shall add one of said portions,
with interest on the amount remaining unpaid from thirty days
after the commitment of the original assessment to the collector
to the date when interest on taxes becomes due and payable, to
the first annual tax upon the land and shall add to the annual
tax for each year thereafter one of said portions and one year's

Acts, 1923. — Chap. 377. 379

interest on tlie amount of the assessment remaining unpaid
until all such portions shall have been so added; all assessments
and apportioned parts thereof, and interest thereon as herein
proAided. which have been added to the annual tax on any
parcel of land shall be included in the annual tax bill thereon.
After an assessment or a portion thereof has been placed on the
annual tax bill, the total amount of said bill shall be subject to
interest under and in accordance with the provisions of section
fifty-seven of chapter fifty-nine. The amount remaining unpaid
of any assessment may be paid in full at any time notwithstand-
ing a prior apportionment.

Section 6. Section fourteen of said chapter eighty is hereby g. l. so, § i4,
repealed.

Section 7. Cliapter sixty of the General Laws is hereby g. l 60, § 43,
amended by striking out section forty-three and inserting in '^'"®" ^
place thereof the following: — Section. ^3. If the taxes are not Conduct of tax
paid, the collector shall, at the time and place appointed for the ^^^^'^ "•
sale, sell by public auction, for the amount of the taxes and
interest, if any, and necessary intervening charges, the smallest
undivided part of the land which will bring said amount, or the
whole for said amount, if no person offers to take an undivided
part; and may at such sale require of the purchaser an immediate
deposit of such sum as he considers necessary to insure good
faith in payment of the purchase money, and, on failure of the
purchaser to make such deposit forthwith, the sale shall be
void and another sale may be made as provided in this chapter.
The word "taxes" as used in this section shall include all better- Word "taxes"
ment assessments or portions thereof and all other special assess- betTerment
ments which constitute a lien upon the land and which have assessments,
lawfully been placed upon the annual tax bill.

Section 8. The schedule of forms at the end of said chapter G. l. 60,

... 1 1 11 i> 11 schedule of

sixty IS hereby amended as tollows: — forms amended.

Form No. 10 is amended by inserting after the word " thereon " Form No. 10,
in the eleventh line, the words : — ; and whereas there were ^™^"
added to and made a part of said taxes so assessed on said land
certain apportioned and unapportioned betterment assessments
and certain special assessments, with interest thereon, consti-
tuting a lien on said land, in the sum of dollars and
cents, so that the whole amount of taxes on said
land committed to me, including assessments and interest, was
the sum of dollars and cents, — so
that the form will read as follows : —

No. 10. Form of Deed under Sections 43 and 45.

COMMONWEALTH OF MASSACHUSETTS. Form of deed

under G. L. 60,

To all Pcmons to ivhom these Prcsent^s viaij come, §5 ^^< *5-

I, , Collector of Taxes for the of

, in the County of and Common-

wealth of Massachusetts,

Send Greeting:
Whereas, the Assessors of Taxes of said of ,

in the lists of assessments for taxes, which they committed to

380 Acts, 1923. —Chap. 377.

Form of deed me to collcct for the year one thousand nine hundred and
§H3,'4f.' ^' ^^' > duly assessed as owner or occupant of

the land in said , which is hereinafter described,

the sum of dollars and cents, for State,

County and [City or To-wti] Taxes thereon; and whereas there
were added to and made a part of said taxes so assessed on said
land certain apportioned and unapportioned betterment assess-
ments and certain special assessments, with interest thereon,
constituting a lien on said land, in the sum of
dollars and cents, so that the whole amount of

taxes on said land committed to me, including assessments and
interest, was the sum of dollars and

cents; and whereas, on the day of

A.D. 19 , I duly demanded of said [if the demand was
made on a mortgagee or an attorney of a non-resident owner, here
insert the fact] the payment of said taxes, so as

aforesaid assessed on said land, and the same were not paid;
and whereas, after the expiration of fourteen days from the time
of demanding payment of said taxes as aforesaid, the same still
remaining impaid, I duly advertised that the smallest undivided
part of said land sufficient to satisfy said taxes with interest and
all legal costs and charges, or the whole of said land if no person
offers to take an undivided part thereof, would be sold by public
auction for the payment of said taxes with interest, and all
legal costs and charges, on the day of ,

A.D. 19 , at o'clock in the noon, at the

in said , by publishing an advertisement thereof, con-

taining also a substantially accurate description, and the names
of all owners of said land known to me, and the amount of the
taxes so as aforesaid assessed thereon, in the , a

newspaper published in , in the County where said

land lies, three weeks successively, the last publication whereof
was at least one week before the time appointed for the sale,
and by posting the said advertisement in public and

convenient places in said , to wit: the ,

three weeks before the time appointed for said sale; and whereas,
said taxes so as aforesaid assessed on said land were not paid, I
proceeded at the time and place appointed as aforesaid for the
sale, to offer for sale said land by public auction for the discharge
and payment of said taxes thereon with interest, and said legal
costs and charges, [if the sale is adjourned add the foUoicing:] and
no person appeared and bid for an undivided part or for the
whole of the land thus offered for sale an amount equal to the
said taxes, interest, costs and charges, and I thereupon, at said
time and place appointed for said sale, adjourned said sale until

, the day of , A.D. 19

at o'clock in the noon, at the same place,

and then and there made public proclamation of said adjourn-
ment; [if there are several adjournments use the follotving:] and
in like manner in all respects and for the same cause, I adjourned
said sale [here state the successive dates, hours and places to which
the sale was adjourned], and then and there made public procla-
mation of said adjournments; and at the time and place so

Acts, 1923. — Chap. 377. 381

fixed and proclaimed for making said sale on each of the several ^° j" "/ > ^f ®'i,,
days, I proceeded to offer for sale said land by public auction §§43.45.
for the payment of said taxes, interest, costs and charges, and
no person appeared at either time so fixed by adjournment for
said sale and bid a sum equal to said taxes, interest, costs and
charges, until on the day of , A.D. 19 ,

, the time and place so fixed for said sale by the last of the
said adjournments [or, if there ivas hiit one adjournment, iise such
averments as tvill conform to that fact], I proceeded again to offer
for sale by public auction for the payment of said taxes, interest,
costs and charges, the smallest undivided part of said land
sufficient for the payment of said taxes with interest and legal
costs and charges; [// an offer is viade for an undimded part u^e
the follounng:] and of in the County of

and State of offered at said auction

to take one undivided part of said land and to pay

therefor the amount of said taxes with interest and the legal
costs and charges, and that being the smallest undivided part of
said land offered to be taken for the payment of said taxes,
interest, costs and charges, one undivided part of

said land was struck off to said

Therefore, know ye, that I, the said , Collector of

Taxes as aforesaid, by virtue of the power vested in me by law,
and in consideration of the said sum of dollars and

cents to me paid by said , the receipt

whereof I do hereby acknowledge, do hereby give, grant, bargain,
sell and convey unto the said one undivided

part of the following described land, being the
land taxed as aforesaid, to wit: [here describe the land.]

[If sale is made of the whole, use the following:] and no person
offering at said auction to take an undivided part of said land,
the whole of said land was struck off to of in

the County of and State of for the sum of

dollars and cents, being the amount of the

taxes and necessary intervening charges.

Therefore, know ye, that I, the said , Collector of

Taxes as aforesaid, by virtue of the power vested in me by law,
and in consideration of the said sum of dollars and

cents to me paid by said , the receipt

whereof I do hereby acknowledge, do hereby give, grant, bargain,
sell and convey unto the said the follow-

ing described land, the same being the land taxed as aforesaid,
to wit: [here describe the land.]

[In each case conclude as follows:]

To have and to hold the same, to the said ,

h heirs and assigns, to and their

use and behoof forever; subject to the right of redemption by
any person legally entitled to redeem the same and to all ease-
ments and restrictions lawfully existing in, upon or over said
land or appurtenant thereto when so taken.

And I, the said Collector, do covenant with the said ,

h heirs and assigns, that the sale aforesaid has, in all

particulars, been conducted according to law.

382

Acts, 1923. — Chap. 377.

Form of deed jj^ witness wlicreof, I, the said , Collector as afore-

iinder (j. L. 60, i i i i i •

|§ 43, 45. said, have hereunto set my hand and seal, this day of

, in the year of our Lord one thousand nine hundred
and

[seal].

Collector of Taxes for the of

Signed, scaled and delivered in the ■presence of

ss. 19 .

Then personally appeared the above named ,

Collector of Taxes for the of , and

acknowledged the foregoing instrument to be his free act and
deed.

Before me,

My commission expires

Justice of the Peace.
19

Form No. 11, Form No. 1 1 is amended by inserting after the word " thereon "
in the eleventh line the words : — ; and whereas there were
added to and made a part of said taxes so assessed on said land
certain apportioned and unapportioned betterment assessments
and certain special assessments, with interest thereon, consti-
tuting a lien on said land, in the sum of dollars and
cents, so that the whole amount of taxes on said
land committed to me, including assessments and interest, was
the sum of dollars and cents, — so
that the form will read as follows : —

No. 11. Form of Deed when the City or Town is the
Purchaser under Sections 48 and 50.

Form of deed
when the city
or town is the
purchaser under
G. L. 60,
§§ 48, 50.

commonwealth of MASSACHUSETTS.

To all Persons to whom these Presents may come,
I, , Collector of Taxes for the [City or Town] of

, in the County of and Commonwealth of

Massachusetts,

Send Greeting:
Whereas, the Assessors of Taxes of said of ,

in the lists of assessments for taxes, which they committed to
me to collect for the year one thousand nine hundred and ,

duly assessed as owner or occupant of the land in

said , which is hereinafter described, the sum of

dollars and cents, for State, County

and [City or Town] Taxes thereon; and whereas there were
added to and made a part of said taxes so assessed on said land
certain apportioned and unapportioned betterment assessments
and certain special assessments, with interest thereon, constitut-
ing a lien on said land, in the sum of dollars and
cents, so that the whole amount of taxes on said
land committed to me, including assessments and interest, was
the sum of dollars and cents; and

whereas, on the

day of

A.D. 19

Acts, 1923. — Chap. 377. 383

I duly demanded of said [if ihe demand was made on a mortgagee FormofdeeJ
or an attornri/ of a non-resident oiimer, here insert the fact] or town is the

the payment of said taxes, so as aforesaid assessed on said land, purchaser under
and the same were not paid; and whereas, after the expiration §§48, so!
of fourteen days from the time of demanding payment of said
taxes as aforesaid, the same still remaining unpaid, I duly
advertised that the smallest undivided part of said land sufficient
to satisfy said taxes with interest and all legal costs and charges,
or the whole of said land if no person offers to take an undivided
part thereof, would be sold by public auction for the payment of
said taxes with interest, and all legal costs and charges, on the

day of , A.D. 19 , at

o'clock in the noon, at the , in said

, by publishing an advertisement thereof, contain-
ing also a substantially accurate description, and the names of
all owners of said land, and the amount of the taxes so as afore-
said assessed thereon, in the , a newspaper pub-
lished in , in the County where said land lies, tliree
weeks successively, the last publication whereof was at least one
week before the time appointed for the sale, and by posting the
said advertisement in public and convenient places
in said , to wit: the , three weeks
before the time appointed for said sale; and whereas, said taxes
so as aforesaid assessed on said land were not paid, I proceeded
at the time and place appointed as aforesaid for the sale, to sell
said land by public auction for the discharge and payment of
said taxes thereon with interest, and said legal costs and charges
and no person appeared and bid for the estate thus oflfered for
sale an amount equal to the said taxes, interest, costs and
charges, and I thereupon, at said time and place appointed for
sale, adjourned said sale until the day of ,
A.D. 19 , at o'clock in the noon at the
same place, and then and there made public proclamation of
said adjournment; and in like manner in all respects and for
the same cause I adjourned said sale [here state the successive
dates, hours and places to which the sale was adjourned], and then
and there made public proclamation of said adjournments; and
at the time and place so fixed and proclaimed for making said
sale on each of said several days, I proceeded to offer for sale
said real estate by public auction for the payment of said taxes,
interest, costs and charges, and no person appeared at either
time so fixed by adjournment for said sale and bid a sum equal
to said taxes, interest, costs and charges, and at the time and
place so fixed for said sale by the last of the said adjournments,
namely, on the day of , A.D. 19 , at
o'clock in the noon, I made a public decla-
ration of all the facts hereinbefore recited; and no person then
appeared and bid a sum equal to said taxes, interest, costs and
charges [if only one adjournment is made, change these averments
to conform to the facts]; and I thereupon then and there imme-
diately gave public notice that I should, and that I then and
there did purchase on behalf of the said of ,
said real estate for the sum of dollars and
cents, being the amount of said taxes, interest, costs and charges;

384 Acts, 1923. —Chap. 377.

Form of deed Therefore know ye, that I, the said ,

ortown?s*the Collector of Taxes as aforesaid, by virtue of the power vested
g!l^'""'*^'^ ^" "^® ^y ^^"^^» ^^^ ^ consideration of the premises, hereby give,
§§ 48, 5o! grant, bargain, sell and convey unto the said of

, the following described real estate, the same
being the land taxed as aforesaid, to wit: [here describe the
estate.]

To have and to hold the same, to the said [City or Town] of
, and its assigns, to its and their use and behoof
forever; subject to the right of redemption by any person
legally entitled to redeem the same and to all easements and
restrictions lawfully existing in, upon or over said land or ap-
purtenant thereto when so taken.

And I, the said Collector, do covenant with the said
of , and its assigns, that the sale aforesaid has, in

all particulars, been conducted according to law.

In witness whereof, I, the said , Collector as

aforesaid, have hereunto set my hand and seal, this
day of , in the year of our Lord one thousand nine

hundred and

[seal.]

Collector of Taxes for the of

Signed, sealed and delivered in presence of

ss. 19 .

Then personally appeared the above named ,

Collector of Taxes for the of ,

and acknowledged the foregoing instrument to be his free act
and deed.

Before me,

Justice of the Peace.

My commission expires , 19

Form No. 12, Form No. 12 is amended by inserting after the word " thereon "
in the eleventh line the words : — ; and whereas there were
added to and made a part of said taxes so assessed on said land
certain apportioned and unapportioned betterment assessments
and certain special assessments, with interest thereon, consti-
tuting a lien on said land, in the sum of dollars and
cents, so that the whole amount of taxes on said
land committed to me, including assessments and interest, was
the sum of dollars and
cents, — so that the form will read as follows : —

No. 12. Form of Deed to City or Town, when the Pur-
chaser FAILS TO PAY, ETC., UNDER SECTIONS 49 AND 50.

fulJ^^lj^^f,'^^ COMMONWEALTH OF MASSACHUSETTS,

ciiy or town,

ahTse/faUs"'' ^^ ^^^ Psrsons to whovfi thesc Presents may come,
unSer^G.4'. 60, ^' ' Collector of Taxes for the [City or Town]

§§49,50.' 'of , in the County of and Common-

wealth of Massachusetts,

I 49, 50.

Acts, 1923. — Chap. 377. 385

Send Greeting: Form of deed to
Whereas, the Assessors of Taxes of said of , when the pu'r-

in the lists of assessinents for taxes, which the}^ committed to to pay /etc.,
me to collect for the year one thousand nine hundred and under g. l! 60,

, duly assessed as owner or occupant

of the land in said , which is hereinafter described,

the sum of dollars and cents, for State,

County and [City or Town] Taxes thereon; and whereas there
were added to and made a part of said taxes so assessed on said
land certain apportioned and unapportioned betterment assess-
ments and certain special assessments, with interest thereon,
constituting a lien on said land, in the sum of
dollars and cents, so that the whole amount of

taxes on said land committed to me, including assessments and
interest, was the sum of dollars and

cents; and whereas, on the day of ,

A.D. 19 ,1 duly demanded of said [if the demand loas made
mi a mortgagee or an attorney of a non-resident owner, here insert
the fact] the payment of said taxes, so as aforesaid

assessed on said land, and the same were not paid; and whereas,
after the expiration of fourteen days from the time of demanding
payment of said taxes as aforesaid, the same still remaining
unpaid, I duly advertised that the smallest undivided part of
said land sufficient to satisfy said taxes with interest and all
legal costs and charges, or the whole of said land if no person
offers to take an undivided part thereof, would be sold by
public auction for the payment of said taxes with interest, and
all legal costs and charges, on the day of ,

A.D. 19 , at o'clock in the noon, at the

, in said , by publishing an adver-

tisement thereof, containing also a substantially accurate de-
scription, and the names of all owners of said land known to
me, and the amount of the taxes so as aforesaid assessed thereon,
in the , a newspaper published in , in

the County where said land lies, three weeks successively, the last
publication whereof was one week before the time appointed for
the sale, and by posting the said advertisement in
public and convenient places in said , to wit: the

, three weeks before the time appointed for said
sale; and whereas, said taxes so as aforesaid assessed on said
land were not paid, I proceeded at the time and place appointed
as aforesaid for the sale, to sell said land by public auction for
the discharge and payment of said taxes thereon with interest,
and said legal costs and charges, and, no person offering to take
an undivided part of the land for the amount of the taxes and
necessary intervening charges, the whole of the said real estate
was struck off to of in the County of

and State of for the sum of

dollars and cents, being the amount of the taxes

and necessary intervening charges ; and whereas, the said
failed to pay to me the sum offered by him as aforesaid, and
receive his deed of the premises bid off by him, within twenty
days after the said sale, and the said sale became null and void,

386

Acts, 1923. — Chap. 377.

Form of deed to
city or town
when the pur-
chaser fails
to pay, etc.,
under G. L. 60,
§§49,50.

Form No. 14,
amended.

and the said of thereby became the

purchaser of the premises so bid off by the said for

the sum of dollars and cents, being

the amount of said taxes, interest, costs and charges;

Therefore know ye, that I, the said , Collector

of Taxes as aforesaid, by virtue of the power vested in me by
law, and in consideration of the premises, hereby give, grant,
bargain, sell and convey unto the said of ,

the following described real estate, the same being the land
taxed as aforesaid, to Avit: [here describe the estate.]

To have and to hold the same, to the said of

, and its assigns, to its and their use and behoof
forever; subject to the right of redemption by any person
legally entitled to redeem the same, and to all easements and
restrictions lawfully existing in, upon or over said land or ap-
purtenant thereto when so taken.

And I, the said Collector, do covenant with the said

of and its assigns, that the sale aforesaid

has in all particulars been conducted according to law.

In witness whereof, I, the said , Collector as

aforesaid, have hereunto set my hand and seal, this
day of , in the year of our Lord one thousand nine

hundred and

SEAL.

Collector of Taxes for the
Signed, sealed and delivered in presence of.

ss. 19 .

Then personally appeared the above named ,

Collector of Taxes for the of , and

acknowledged the foregoing instrument to be his free act and deed.

Before me,

Justice of the Peace.
,19 .

My commission expires

Form No. 14 is amended by adding at the end of the fourth
line the words : — with apportioned and unapportioned better-
ment assessments and special assessments, with interest thereon,
constituting a lien on said land, which had been added thereto, —
so that the form will read as follows : —

Form of taking
real estate
under G. L. 60,
§54.

No. 14. Form of Taking of Real Estate under Sec-
tion 54.
Whereas, the tax assessed by the assessors of
as of the first day of April, in the year 19 , upon
as the owner or occupant of the real estate hereinafter described,
was duly committed to me as Collector of Taxes for said
of ; and whereas, the said taxes, with apportioned

and unapportioned betterment assessments and special assess-
ments, with interest thereon, constituting a lien on said land,
which had been added thereto, amounting to

Acts, 1923. — Chap. 377. 387

dollars and cents, have not been paid; and whereas, Form of taking

a demand for the payment of said taxes and the interest, costs [m>ier g.°l. 60,
and charges then due was made by me on the said §^*-

on the day of , last past, in conformity

to law; and whereas, notice of my intention to take said real
estate by virtue of the authority vested in me as Collector of
Taxes for said has been duly given, as by law re-

quired; and whereas, the said taxes, at the date of this instru-
ment, remain unpaid; now, therefore, KNOW ALL MEN
BY THESE PRESENTS, that I, , as Collector

of Taxes as aforesaid, by virtue of the power and authority in
me vested as aforesaid, have taken, and by these presents do
take, for the said of , subject to redemption

according to law, and to all easements and restrictions lawfully
existing in, upon or over said land or appurtenant thereto when
so taken, the following described lot or parcel of land, with the
buildings thereon, the same being the estate assessed as aforesaid,
to wit: [here describe the estate.]

The said is the only person known to me as

owner of the above described estate. [// the foregoing statement
is not true, state the names of all oumers known to the collector.]

In witness whereof, I, the said , as Collector as

aforesaid, hereunto set my hand and seal this day

of , in the year nineteen hundred and

: . .' [seal.]

Collector of Taxes for the of

Form No. 18 is amended by inserting after the blank space Form No. is,
in the sixth line thereof the words : — with apportioned and un- '^"^^"d^"^-
apportioned betterment assessments and special assessments,
with interest thereon, constituting a lien thereon, which had
been added thereto, and, — so that the form will read as fol-
lows : —

No. 18. Form of Affidavit under Section 57 of Demand
AND Notice to be annexed to the Instrument of
Taking.

I, C D, of in the County of , Form of

and Commonwealth of Massachusetts, on oath depose and say g.^^^o.Tst^'
that on the day of , A.D. 19 , I, °[>S™te"'^

as Collector of Taxes for the of , made annexed to the

. , , 1 J f il J. p j-l, J. instrument of

a written demand on lor the amount oi the tax taking.

assessed by the assessors of said of ,

as of the first day of April, A.D. 19 , upon the said ,

with apportioned and unapportioned betterment assessments
and special assessments, with interest thereon, constituting a
lien thereon, which had been added thereto, and with the
interest, costs and charges, then due, on certain real estate
situated in said of , by [here state

manner in which the demand icas made], of which the following
is a true copy:

388

Acts, 1923. — Chap. 378.

Form of
afRdavit under
G. L. 60, §57
of demand and
notice to be
annexed to the
instrument of
taking.

"C, ,19 .

To , I hereby demand of 3'ou the payment of

dollars and cents, that being the

amount of tax assessed for the year 19 by the assessors of

, on the real estate [here describe the estate] owned

by you. You are hereby notified that if said amount, together

with the interest, costs and charges thereon, is not paid within

fourteen days from this date, the said real estate will be taken

for said taxes for the said [city or town] of
$ ; interest, costs and charges,

CD,
Collector of Taxes for the

Tax

[If notice is published and -posted, add:] And I, the said C D,
do further depose and say that I posted and published notices,
of which the following is a copy [here annex a copy of the notice],
as follows: A copy thereof was posted on [here state tvhere posted],
and I also published a copy of said notice in the , a

newspaper published in said [if there be no such

paper published iji said toum, state the fact and add, " in
in said county"], three weeks successively, that the posting of
said notices and the first publication thereof were more than
fourteen days after making the demand as aforesaid; and I do
further depose and say that, at the date of the instrument of
taking, hereto annexed, the amount of taxes due on the estate
therein described, with the interest, costs and charges, amounted
to the sum of dollars and cents, and that

the parcel or parcels of land were taken for the reason that the
taxes remained unpaid at the time of the said taking.

Collector of Taxes for the

ss. , 19 .

Then personally appeared the above named C D, and made
oath that the foregoing affidaA'it by him subscribed is true.

Before me,

My commission expires

Justice of the Peace.

,19 .

Approved May 11, 1923.

Chap. 37 S An Act relative to the taxation of certain corporations

AND OF CERTAIN INCOME.

G. L. 62, § 1,
sub-sect, (o),
cl. First,
amended.

Be it enacted, etc., as follows:

Section 1. Section one of chapter sixty-two of the General
Laws is hereby amended by striking out all after the word
"Company" in the eighth line down to and including the word
"sixty-eight" in the eleventh and twelfth lines and inserting in
place thereof the words : — or in the savings department of any
trust company so chartered, — so that clause First of sub-sec-

Acts, 1923. —Chap. 378. 389

tion (a) will read as follows: — First, Deposits in any savings Taxation of

bank chartered by the commonwealth or in the Massachusetts iro°'"erS'n''^''

Hospital Life Insurance Company, or in the savings depart- intangibles.

ment of any trust company so chartered, and deposits in any

bank situated in the state of New Hampshire, so long as the

provisions of chapter one hundred and eighty-nine of the Public

Acts of nineteen hundred and seventeen of that state remain in

force, and deposits in any bank in any other state which exempts

from taxation to its inhabitants similar deposits, and interest

and dividends thereon, owned by such inhabitants in banks in

this commonwealth.

Section 2. Chapter sixty-three of the General Laws is ^^^^^^^ 5 8,
hereby amended by striking out section eight and inserting in
place thereof the following: — Section 8. The ajiiount paid into Deduction of
the treasury annually, under this chapter, on account of shares paid byTa^rings
in banks, which on April first are the absolute property of any ^jfvingl'depart-
savings bank or the savings department of any trust company, ments of trust
liable to taxation under section eleven, shall be deducted from """^pa-^es.
the taxes of such savings bank or such savings department of a
trust company at the next payment by it to the commonwealth
after the collection of the taxes on such bank shares. The com-
missioner may require a statement of all shares so owned by
any savings bank or by any savings department of a trust com-
pany, in a form approved by him, signed and sworn to by the
treasurer or like financial officer thereof. From such statement
and other evidence, and subject to appeal by such corporation
under section seventy-one, he shall determine the amounts to
be deducted, and certify the same to the state treasurer upon
the final determination thereof; but the amount so to be de- Amount of
ducted from the tax payable by any savings bank or by any limited.
savings department of a trust company shall not exceed, in any
year, the amount of the tax assessed on account of that portion
of its deposits invested in shares in such banks.

Section 3. Said chapter sixty-three, as amended in section g. l. 63, §n.
eleven by section two of chapter five hundred and twenty of the
acts of nineteen hundred and twenty-two, is hereby further
amended by striking out said section eleven and inserting in
place thereof the following: — Section 11. Every savings bank Taxation of
and every trust company having a savings department, as de- savings banks
fined respectively in chapters one hundred and sixty-eight and departments of
one hundred and seventy-two, shall pay to the commissioner, trust com-
on account of its depositors, an annual tax of one half of one ^* '^^'
per cent, which shall be levied on the amount of the deposits in
a savings bank, and on the amount of the deposits in the savings
department of a trust company, to be assessed and paid as fol-
lows: one fourth of one per cent shall be assessed by the com-
missioner upon the average amount of such deposits for the
six months preceding May first, and paid on or before May
twenty-fifth; and a like percentage shall be assessed upon the
average amount of such deposits for the six months preceding
November first, and paid on or before November twenty-fifth.

Section 4. Section twenty-eight of said chapter sixty-three, g. l. 63, § 28,
as amended by section five of chapter five hundred and twenty ®^'' ' ^^^^ ^ '

390

Acts, 1923. — Chap. 378.

Taxation of

insurance

companies.

Assessment
and notice to
companies.

Interest.

Application for
correction.
Hearing by
board of appeal.

G. L. 63, § 29.
etc., amended.

Taxation of

insurance

companies.

Recovery of
tax.

Liable to in-
junction, etc.

G. L. 6.3, § 56,
amended.

Determination
of value of
corporate
franchises of
trust com-
panies for
taxation
purposes.

of the acts of nineteen hundred and twenty-two, is hereby
further amended by striking out, in the ninth, tenth and eleventh
Hnes, the words : — " , whether assessed before or after July
first, shall bear interest at the rate of twelve per cent per annum
from that date" and inserting in place thereof the words: —
shall bear interest at the rate of six per cent per annum from
the date payable until July first and, whether assessed before
or after July first, shall bear interest at the rate of twelve per
cent per annum from July first, — so as to read as follows : —
Section 28. The commissioner, from such returns, and from such
other evidence as he may obtain, shall assess upon all insurance
companies subject to this chapter the taxes imposed by sections
twenty to twenty-three, inclusive, and shall forthwith upon
making such assessment give to every such company notice of
the amount thereof. Such taxes shall become due and payable
to the commissioner thirty da^'s after the date of such notice
but not later than July first. All such taxes shall bear interest
at the rate of six per cent per annum from the date payable
until July first and, whether assessed before or after July first,
shall bear interest at the rate of twelve per cent per annum from
July first until they are paid. Within ten days after the date of
such notice the company may apply to the commissioner for a
correction of said excise, and in default of settlement may be
heard thereon by the board of appeal.

Section 5. Section twenty-nine of said chapter sixty-three,
as amended by section six of chapter five hundred and twenty
of the acts of nineteen hundred and twenty-two, is hereby
further amended by striking out, in the fourth and fifth lines,
the words "at the rate of twelve per cent per annum" and in-
serting in place thereof the words : — as provided in the preceding
section, — so as to read as follows: — Section 29. Every do-
mestic or foreign insurance company shall be liable for the full
amount of all taxes assessed under this chapter upon it or its
agents, which, with interest as provided in the preceding sec-
tion, may be recovered in contract by the commissioner in the
name of the commonwealth. It shall further be liable, upon an
information, to an injunction restraining it and its agents from
the further prosecution of its business until all taxes due with
costs and interest are fully paid.

Section 6. Section fifty-six of said chapter sixty-three is
hereby amended by inserting after the word "companj^" in
the second line the words: — the guaranty fund in the savings
department of such company as provided by section sixty-four
of chapter one hundred and seventy -two of the General Laws
shall not be included in the surplus and undivided profits of
such company, and, — so as to read as follows: — Section 56.
In determining under the preceding section the value of the
corporate franchise of a trust company, the guaranty fund in
the savings department of such company as provided by section
sixty-four of chapter one hundred and seventy-two of the Gen-
eral Laws shall not be included in the surplus and undivided
profits of such company, and that part of its real estate repre-
sented by its interest as mortgagee in taxable real estate within

Acts, 1923. — Chap. 379. 391

the coninionwoalth shall, for purposes of deduction undcM* clause
fifth of said section, be regarded as the average amount of value
of such part of its real estate for the year for which the tax on
the corporate franchise is IcA'ied, such average amount of value
to be determined monthly in such manner as the commissioner
shall deem just.

Section 7. Said chapter sixty-three, as amended in section g. l. 63, § 72,
seventy-two by section eleven of chapter five hundred and
twenty of the acts of nineteen hundred and twenty-two, is
hereby further amended by striking out said section seventy-two
and inserting in place thereof the following: — Section 72. When Collection of
a tax or excise of any kind remains due to or is claimed by the taxes.'^etc^rby
commonwealtJi from a corporation, company or association, warrant.
whether existing by authority of the commonwealth or other-
wise, except a municipal corporation, for ten days after notice
given through the mail by the commissioner to its treasurer or
other financial agent that such tax or excise is due and unpaid,
the commissioner maj', in addition to other modes of relief, issue
his warrant, directed to the sheriffs of the several counties, or
their deputies, or to any constable, commanding the collection
of such tax or excise. Such warrant may be substantially in Form, service
the form of and served in the same manner as those issued by warrant.
the assessors of towms. The warrant shall run throughout the
commonwealth, and any officer to whom it is directed may
serve it in any county. The warrant shall not run against the
body of any person nor shall any property of such delinquent
corporation, company or association be exempt from seizure and
sale thereon. The officer having such warrant shall collect such
tax or excise, and interest upon the same at the rate of twelve
per cent per annum from the time when such tax or excise
became due, and may collect and receive for his fees the sum Officers' fees,
which an officer would be entitled by law to receive upon an ^'^°'
execution for a like amount. He shall also collect one dollar
for the warrant, which he shall pay to the commissioner.

Approved May 11, 1923.

An Act establishing the office and fixing the salary CJiav 379
OF third assistant clerk of the municipal court of
the roxbury district of the city of boston.

Be it enacted, etc., as follows:

Section 1. Section ten of chapter two hundred and eighteen g. l. 218, § 10,
of the General Laws, as amended by section one of chapter two ^^°" '*'"®"'^®'^-
hundred and eighty-seven of the acts of nineteen hundred and
twenty-one, by section one of chapter sixty-three of the acts of
nineteen hundred and twenty-two and by section four of chapter
one hundred and sixty-four and chapter three hundred and
fourteen, both of the acts of nineteen hundred and twenty-three,
is hereby further amended by adding at the end thereof the fol-
lowing:— A third assistant clerk with salary payable by the Municipal
county may be appointed in the municipal court of the Roxbury distd'ct^tht'd^

district. assistant clerk,

office estab-
lished.

392

Acts, 1923. —Chaps. 380, 381.

G. L. 218, § 79,
amended.

Municipal
court, Roxbury,
district, third
assistant clerk,
salary estab-
lished.
To be sub-
mitted to
mayor of
Boston, etc.

Proviso.

Section 2. Section seventy-nine of said chapter two hun-
dred and eighteen is hereby amended by adding at the end
thereof the following: — The salary of the third assistant clerk
of the municipal court of the Roxbury district shall be forty-five
per cent of the salary of the clerk of said court.

Section 3. This act shall take effect upon its approval by
the mayor of the city of Boston, subject to the provisions of its
charter; provided, that such acceptance occurs prior to Decem-
ber thirty-first in the current year. Approved May 11, 1923.

Chap.SSO An Act authorizing the city of boston to pay a certain

SUM OF MONEY TO WILLIAM J. COPPELL.

City of Boston
may pay
money to
William J.
Coppell.

To be sub-
mitted to city
council, etc.

Proviso.

Be it enacted, etc., as follows:

Section 1. The city of Boston may pay to William J.
Coppell a sum, not exceeding twenty-five hundred dollars, to
reimburse him for injuries sustained while assisting a police
officer in making an arrest.

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

Approved May 11, 1923.

Chap. 3S1 An Act relative to the retirement of certain teachers
in the public schools of the city of boston.

G. L. 32, § 11,
par. 1,
amended.

State teachers'
retirement
association,
refund of
contributions
in certain cases.

G. L. 32, § 18,
amended.

Certain pro-
visions as to
state teachers'
retirement
association not
applicable to
Boston, except,
etc.

Be it enacted, etc., as follows:

Section 1. Section eleven of chapter thirty-two of the
General Laws is hereby amended by inserting after the word
"amended" in the sixth line the words: — or chapter five hun-
dred and twenty-one of the acts of nineteen hundred and twenty-
two, — so that paragraph (1) will read as follows: — {!) Any
member withdrawing from the public school service before
becoming eligible to retirement, except for the purpose of enter-
ing the service of the commonwealth, and any member who
becomes subject to chapter two hundred and thirty-seven of the
acts of nineteen hundred and chapter five hundred and eighty-
nine of the acts of nineteen hundred and eight as amended or
chapter five hundred and twenty-one of the acts of nineteen
hundred and twenty-two shall be entitled to receive from the
annuity fund all amounts contributed as assessments, together
with regular interest thereon, either in one sum or, at the elec-
tion of the board, in four quarterly payments. If a member dies
before receiving all his quarterly payments the balance thereof
shall be paid to his estate.

Section 2. Said chapter thirty-two is hereby further
amended by striking out section eighteen and inserting in place
thereof the following: — Section 18. Sections six to fifteen, in-
clusive, shall not apply to teachers in the public schools of Boston,
except teachers who, on September first, nineteen hundred and
twenty-three, are employed by Boston and are members of the
association.

Acts, 1923. — Chap. 382. 393

Section 3. Section two of chapter five hundred and twenty- 1922, 521, § 2,
one of the acts of nineteen hundred and twenty-two is hereby amcmted.
amended by striking out paragraph (b) and inserting in place
thereof the following: — (b) "Employee" shall mean any regu- Definition of
lar and permanent employee of the city of Boston or county of ^^"sodTr
Suffolk (except teachers who, on September first, nineteen hun- Boston retire-
dred and twenty-three, are employed by the city of Boston and '"'^"
are members of the state teachers' retirement association) whose
only or principal employment is in the service of the city of
Boston or county of Suffolk, or any regular and permanent em-
ployee of this commonwealth whose compensation is wholly
paid by the city of Boston or by the county of Suffolk, and the
working superintendent and his employees of the index com-
missioners of the county of Suffolk.

Section 4. Upon written application to the state teachers' ^^[ooi'te^chers
retirement board at any time prior to September first, nineteen membership in
hundred and twenty-three, by any teacher then employed by retirement ""^^
the city of Boston who has formerly been a member of the state association.
teachers' retirement association, he shall again become a mem-
ber of such association. Upon written application to the retire- Membership in
ment board of the Boston retirement system, established by ment°sy7tem."
chapter five hundred and twenty-one of the acts of nineteen
hundred and twenty-two, and written notification to the state
teachers' retirement board at any time prior to said September
first by any teacher then employed by the city of Boston who
is a member of the state teachers' retirement association, he
shall cease to be a member of such association and shall become
a member of said Boston retirement system.

Section 5. Any teacher employed by the city of Boston on Certain Boston
February first, nineteen hundred and twenty-three, in a day beTOmi^nr^^'^
school conducted under sections one to twenty-four, inclusive, members of
of chapter seventy-four of the General Laws, who thereafter ment system
becomes a member of said Boston retirement system, shall be IC have"been'^^'^
considered, for the purposes of said chapter five hundred and employees as
twenty-one, to have been on said date an employee as defined
by section two (b) of said chapter five hundred and twenty-one.

Section 6. This act shall take effect upon its passage.

Approved May 12, 1923.

An Act authorizing the city of chicopee to borrow
money for school purposes.

Chaj)M2

Be it enacted, etc., as follows:

Section 1. For the purpose of purchasing or otherwise ac- City of
quiring land for a school building and for the original construe- bOTrow^money
tion of such building, including original equipment and furnish- for school
ing of the same, the city of Chicopee may, from time to time,
borrow such sums as may be necessary, not exceeding, in the
aggregate, two hundred and fifty thousand dollars, and may issue
bonds or notes therefor, which shall bear on their face the words,
Chicopee School Loan, Act of 1923. Each authorized issue cwcopee
shall constitute a separate loan. Indebtedness incurred under Act°o°f 1923"'

394

Acts, 1923. — Chap. 383.

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.

Ajyproved May 12, 1923.

G. L. 217, §34,
amended.

Salaries of
certain
judges of
probate and
insolvency.

Judges and
senior judges.

Chap. SSS An Act establishing the salaries of certain judges,

REGISTERS AND ASSISTANT REGISTERS OF PROBATE AND IN-
SOLVENCY.

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

Section 1. Section thirty-four of chapter two hundred and
seventeen of the General Laws is hereby amended by striking
out the first seven lines under the sub-headings "Population
of County." and "Salary." in the schedule under the caption
"Judges and Senior Judges." and inserting in place thereof the
following : —
Under 100,000 . . . . . . . $3,400, —

so as to read as follows: — Section 34- The salaries of judges of
probate, including the junior judges in counties having two
judges, shall be paid by the commonwealth, and, except in
Dukes, Nantucket and Suffolk counties, shall be based upon
population as determined by the census of nineteen hundred and
fifteen, as follows:

Judges and Sctiior Judges.

Population of County. Salary.

Under 100,000 $3,400

100,000 to 110,000 3,500

110,000 to 120,000 3,600

120,000 to 130,000 3,700

130,000 to 140,000 3,800

140,000 to 150,000 3,900

150,000 to IfjO.OOO 4,000

160,000 to 170,000 4,100

170,000 to 180,000 4,200

180,000 to 190,000 4,300

190,000 to 200,000 4,400

200,000 to 220,000 4,500

220,000 to 240,000 4,600

240,000 to 260,000 . 4,700

260,000 to 280,000 4,800

280,000 to 300,000 4,900

300,000 to 330,000 5,000

330,000 to 360,000 5,100

360,000 to 390,000 5,200

390,000 to 420,000 5,300

420,000 to 450,000 5,400

450,000 to 480,000 5,500

480,000 to 510,000 5,600

510,000 to 540,000 5,700

540,000 to 570,000 5,800

570,000 to 600,000 5,900

600,000 to 630,000 • . . 6,000

630,000 to 660,000 6,100

660,000 to 690,000 6,200

690,000 to 720,000 6,300

720,000 to 750,000 6,400

750,000 to 800,000 6,500

$100 additional for each 50,000 of population over 750,000.

Acts, 1923. — Chap. 384.

395

Junior Judges.
Population of County.

400,000 to 420,000
420,000 to 440,000
440,000 to 460,000
460,000 to 480,000
480,000 to 500,000
500,000 to 520,000
520,000 to 540.000
540,000 to 500,000
560,000 to 580,000
580,000 to 600,000
600,000 to 620,000
620,000 to 640,000
640,000 to 660,000
660,000 to 680,000
680,000 to 720,000
720,000 to 750,000
750,000 to 800,000
$100 additional for each 50,000 of jjopulat ion over 7

iO,000.

Salary.

$4,500
5,000
.'5,100
5,200
5,300
5,400
5,500
5,600
5,700
5,800
5,900
6,000
6,100
6,200
6,300
6,400
6,500

.luiiior judges.

Section 2. Section thirty-seven of said chapter two hun-
dred and seventeen, as amended by chapter tliree hundred and
si.xtN'-four of the acts of nineteen hundred and twenty-one, is
hereb}^ further amended by striking out, in the third and fourth
hues, the words "two thousand" and inserting in place thereof
the words : — twenty-five hundred, — and by striking out, in
the fourth line, the words "fifteen hundred" and inserting in
place thereof the words : — two thousand, — so as to read as
follows: — Section 37. In, Dukes and Nantucket counties the
salaries of the judges of probate and the registers shall be as
follows: judges, twenty-five hundred dollars; registers, two
thousand dollars.

Section 3. The state comptroller shall in the current year
adjust, in accordance with the provisions of this act, the salaries
of the judges, registers and assistant registers of probate and
insolvency of all counties having a population under one hun-
dred thousand affected by said provisions, on the basis of the
last national census, and the salaries so adjusted shall be allowed
from January first, nineteen hundred and twenty-three.

Approved May 12, 1923.

G. L. 217, § 37,
etc., amended.

Salaries of
judges and
registers of
probate, etc.,
in Dukes and
Nantucket
counties.
State comp-
troller to adjust
salaries of
certain judges,
registers and
assistant
registers of
probate and
insolvency.

C/iap.384

An Act providing for the reimbursement
of probate for traveling expenses incurred while
rendering service outside of their own counties.

Be it enacted, etc., as foUoics:

Section forty of chapter two hundred and seventeen of the o. l. 217, § 40,
General Laws is hereby amended by adding at the end thereof amended,
the words : — , and shall be reimbursed by the commonwealth
for his traveling expenses necessarily incurred in the performance
of such duties, — so as to read as follows: — Section Jfi. A Judges of
judge performing any duty under section eight shall receive fe'nderilig
from the commonwealth, in addition to the amount otherwise cou^nty °com-
allowed him by law, fifteen dollars for each day that he performs pensati'on and

396

Acts, 1923. — Chaps. 385, 386.

reimbursement such duties, and sliall be reimbursed by the commonwealth for
for expenses. j^jg travehng expenses necessarily incurred in the performance
of such duties. Approved May 12, 1923.

Chap.3S5

G. L. 185, § 14,
etc., amended.

Land court
judge and
associate judge,
salary, etc.

Proviso.

Recorder,
salary.

Examiners of
title, assistants,
etc., salaries,
etc.

Court officer
in Suffolk,
salary.
Salaries and
expenses, by
whom paid.

Payment to
counties of
certain fees.

An Act establishing the salary of the court officer
of the land court.

Be it enacted, etc., as follows:

Chapter one hundred and eighty-five of the General Laws,
as amended in section fourteen by section thirty-two of chapter
four hundred and eighty-six of the acts of nineteen hundred
and twenty-one, is hereby further amended b^' striking out said
section fourteen and inserting in place thereof the following: —
Section I4. The judge and associate judge of the land court
shall each receive a salary of ten thousand dollars, and each
shall annually receive, upon the certificate of the judge, the
amount of the expenses incurred by him in the discharge of his
duties, to be paid by the commonwealth; provided, that any
judge or associate judge appointed before June fourth, nineteen
hundred and twenty, who has not accepted the increase in
salary provided by chapter six hundred and twenty-seven of
the acts of nineteen hundred and twenty, shall receive annually
two thousand dollars less than the salary above provided for.
The recorder shall receive a salary of sixty-five hundred dollars.
The compensation and salaries of examiners of title and all
assistants and messengers shall be fixed by the governor and
council. The salary of the officer in attendance upon the court
in Sufi^olk county shall be twenty-three hundred dollars, in full
for all services performed by him. All salaries and expenses of
the court shall be paid by the commonwealth, except the salaries
of the assistant recorders and the expenses incurred by them
under this chapter, which shall be paid by the respective counties.
All fees collected by the assistant recorders, except those received
upon the filing of petitions, which shall be transmitted with the
petitions to the recorder, shall be paid to their respective counties.

Approved May 12, 1923.

Chap.SSQ An Act excluding certain items in computing the income
OF certain incapacitated veterans for purposes of
retirement.

Be it enacted, etc., as follows:

Section fifty-seven of chapter thirty-two of the General Laws
is hereby amended by inserting after the word "sources" in
the eighth line the following: — , exclusive of such retirement
allowance and of any sum received from the government of the
United States as a pension for war service, — so as to read as
follows : — Section 57. A veteran who has been in the service
of the commonwealth, or of any county, city, town or district
thereof, for a total period of ten years, may, upon petition to
the retiring authority, be retired, in the discretion of said au-
thority, from active service, at one half the regular rate of com-
pensation paid to him at the time of retirement, and payable

G. L. 32. §57,
amended.

Retirement of
certain veterans
in public
service.

Acts, 1923. —Chaps. 387, 388. 397

from the same source, if he is found by said authority to have
become incapacitated for active service; provided, that he has Proviso.
a total income, from all sources, exclusive of such retirement Exclusion of
allowance and of any sum received from the government of the oomputiiig?n-'"
United States as a pension for war service, not exceeding five '■""'^•
hundred dollars. Approved May 12, 1923.

Chap.3S7

An Act to authorize the division of highways of the
department of public works to make certain contracts
in anticipation of an appropriation.

Be it enacted, etc., as follows:

Section twenty-seven of chapter twenty-nine of the General o.l. 29,§27,
Laws is hereby amended by adding at the end thereof the fol- '
lowing : — , except that prior to the passage of the general ap-
propriation act the division of highways of the department of
public works, in anticipation of appropriations therefor, may in
any fiscal year with the approval of the governor and council
make contracts for the reconstruction of existing state highways
binding the commonwealth to an amount not in excess of
twenty-five per cent of the amount appropriated during the
preceding fiscal j'ear for the same purposes, such contracts to
provide for the completion of the work thereunder within the
fiscal year in which they are made, — so as to read as follows : —
Section 27. No public officer or board shall incur a new or un- state officers,
usual expense, make a permanent contract, increase a salary or new' expenses ""^
employ a new clerk, assistant or other subordinate unless a etc, without'
sufficient appropriation to cover the expense thereof has been etc!™^"^"* '°"'
made by the general court, except that prior to the passage of Exception as to
the general appropriation act the division of highways of the contracts by
department of public works, in anticipation of appropriations highway"/
therefor, may in any fiscal year with the approval of the gov-
ernor and council make contracts for the reconstruction of
existing state highways binding the commonwealth to an
amount not in excess of twenty-five per cent of the amount
appropriated during the preceding fiscal year for the same pur-
poses, such contracts to provide for the completion of the work
thereunder within the fiscal year in which they are made.

Approved May 12, 1923.

An Act relative to appropriation, advisory or finance
committees in towns.

Chap.388

Be it enacted, etc., as follows:

Chapter thirty-nine of the General Laws is hereby amended g. l. 39, § 16,
by striking out section sixteen and inserting in place thereof the '^"*^" ®
following: — Section 16. Every town whose valuation for the Appropriation,
purpose of apportioning the state tax exceeds one million dollars ftnanc°e'^co"u-
shall, and any other town may, by by-law provide for the ap- ];^;'^^';es in
pointment and duties of appropriation, advisory or finance com-
mittees, who shall consider any or all municipal questions for
the purpose of making reports or recommendations to the town;

towns.

398

Acts, 1923. — Chaps. 389, 390.

and such by-laws may provide that committees so appointed
may continue in office for terms not exceeding three years from
the date of appointment. Approved May 12, 1923.

Plymouth
County Trust
company may
hold addi-
tional real
estate in city
of Brockton.

C/iai).389 ^^N Act authorizing the Plymouth county trust com-
pany TO HOLD additional REAL ESTATE IN THE CITY OF
BROCKTON.

Be it enacted, etc., as follows:

The Plymouth County Trust Company, incorporated under
chapter three hundred and ninety-eight of the acts of eighteen
hundred and ninety-two and having its usual place of business
in the city of Brockton, may, subject otherwise to the provisions
of section forty-one of chapter one hundred and seventy-two of
the General Laws, as amended by chapter three hundred and
twenty-one of the acts of nineteen hundred and twenty-two and
to the approval of the commissioner of banks, hold real estate
in said city suitable for and to be used in whole or in part for
the transaction of its business to an amount, including the cost
of alterations and additions in the nature of permanent fixtures,
not exceeding, directly or indirectly, two hundred eight thou-
sand tv/o hundred and fifty dollars, in addition to the amount
permitted by said section forty-one, amended as aforesaid, to
be held by said trust company at the time this act takes effect.

Approved May 12, 1923.

Chap.SQO

An Act relative to pilots.

G. L. 103, six
new sections in
place of sections
1 to 14.

Division of
shore line of
commonwealth
into four pilot
districts.

Commissioners
and deputy
commissioners
of pilots,
appointment,
term, etc.

Be it enacted, etc., as follows:

Section 1. Chapter one hundred and three of the General
Laws is hereby amended by striking out sections one to fourteen,
inclusive, and inserting in place thereof the six following sec-
tions : — Section 1 . For the purposes of this chapter the shore
line of the commonwealth shall be divided into four districts.

District one shall be the harbor of Boston and shall include
all places or landings accessible to vessels from the sea within
the limits of Egg Rock, now or formerly known as Nahant Rock
or Nahant Head, on the north, and Point Allerton on the south.

District two shall include all landing places accessible to
vessels from the sea situated between the New Hampshire state
line on the north and Egg Rock on the south, including rivers,
bays and sounds adjacent thereto.

District three shall include all landing places accessible to
vessels from the sea situated between Point Allerton on the
north and the Rhode Island state line on the west, with all such
landing places on the Elizabeth Islands and in the counties of
Nantucket and Dukes, including rivers, bays and sounds adjacent
thereto, and the Cape Cod canal.

District four shall include all landing places on Mount Hope
bay and the Taunton river situated within the commonwealth.
Section 2. In the year nineteen hundred and twenty-three the
governor, with the advice and consent of the council, shall ap-
point two commissioners of pilots for district one, and one deputy

Acts, 1923. — Chap. 390. 399

commissioner of pilots for each of the other three districts. Such
commissioners and deputy commissioners shall hold office until
November thirtieth, nineteen hundred and twenty-six. On or
before December first, nineteen hundred and twenty-six, and
on or before said date in every third year thereafter, the gov-
ernor, with like advice and consent, shall appoint their successors
for terms of three 3'ears. A deputy commissioner of pilots for Residence of
any district shall be a resident of a town having a landing place luissioners™'
accessible to vessels from the sea situated within that district.
In this chapter, the word "commissioners" shall be held to Term "com-
mean, as to district one, the commissioners of pilots for said jefined'''^^ '
district and, as to each other district mentioned in section one,
the deputy commissioner of pilots for such district. They shall Qualifications.
have experience in maritime and nautical affairs. Appoint- Reoommenda-
ments of commissioners for district one shall be made upon the Marine Sodety
recommendation of the trustees of the Boston Marine Society ^en'ts"'"^"
provided such recommendation is made. Appointments of Proviso.
commissioners for districts other than district one may be made
upon the recommendation of said trustees. No commissioner
for any district shall be such a trustee. Section 3. The com- Rules and
missioners, subject to the approval of the trustees of said society, p*ifotage°"^ ^"^
shall formulate rules and regulations for pilotage and establish establishment
rates within their respective districts, which, for district one
shall be the rates established in section thirty-one, and which
for the other three districts shall not exceed the rates established
by said section. The commissioners also, in accordance with Commissioners
such rules and regulations, shall grant commissions as pilots commiiions
for their districts or for special locations therein, to such persons as pilots.
as they consider competent; provided that for district one such proviso.
persons shall first be approved by said trustees. The commis- Suspension of
sioners may, upon satisfactory evidence of his misconduct, care- P'i°ts.
lessness or neglect of duty, suspend any such pilot until the
next meeting of said trustees and may thereafter continue such
suspension until the close of the next stated meeting of said
trustees, but no longer for the same offense. If said trustees Revocation of
decide at either of said meetings that the commission of such commission.
pilot ought to be revoked, the commissioners may revoke it at
any time after said decision is rendered and before it is reversed.
The commissioners shall cause the laws and regulations for observance of
pilotage within their district to be duly observed and executed, l^^}^^^ ^'^^'^'
and shall receive, hear and determine complaints by and against
pilots for said district. Section 4. The commissioners of district Secretary to
one shall appoint a secretary who shall keep an office and attend o'f'distrfct on?,
the same during the day to receive complaints by and against appointment,
the pilots for said district, and who shall keep a fair record of
his doings which shall be open at all times for examination.
Section 5. Once in every three months each pilot shall render to Accounts of
the commissioners for his district an accurate account of all P''ots.
vessels piloted by him and of all money received for pilotage by
him or by any person for him, and shall pay to the said com-
missioners four per cent of the amount thereof, and if he makes
a false return of money received he shall pay to them not more
than fifty dollars. The trustees of the Boston Marine Society

400

Acts, 1923. — Chap. 390.

Compensation
and expense
allowances of
commissioners.

Pilots to give
bonds.

G. L. 103, § 15,
amended.

Discharge of
surety on
pilot's bond.

New bond by
pilot.

G. L. 103, § 16,
amended.

New bond by
pilot.

G. L. 103, § 17,
amended.

Lien of pilots
for their fees.

G. L. 103, §29,
repealed.

Initial appoint-
ments of com-
missioners, etc.
Expiration of
terms of office
of commis-
sioners of
pilots for har-
bor of Boston
and port
warclens.

Commissions of
pilots, as
affected.

shall fix the compensation of the commissioners and their
allowance for office rent, clerk hire and incidental expenses,
which shall be paid out of the amounts so paid to the commis-
sioners, and the surplus, if any, shall be paid to said society.
Section 6. No person shall receive a commission or exercise the
office of pilot until he has given to the state treasurer a bond
with two sureties, approved by the commissioners, or a surety
bond of a surety company authorized to transact business in
the commonwealth, in the penal sum of one thousand dollars,
conditioned on the faithful performance of the duties of his
office and the payment of all damages accruing from his negli-
gence, unskillfulness or unfaithfulness.

Section 2. Section fifteen of said chapter one hundred and
three is hereby amended by striking out, in the second and third
lines, the words "officers or persons authorized to approve the
sureties upon said bond" and inserting in place thereof the
word: — commissioners, — so as to read as follows: — Section
15. A surety upon the bond of a pilot desiring to be discharged
from liability thereon shall give notice thereof to the commis-
sioners, and shall also give written notice to such pilot, which
may be served by a constable, and shall, with the return of the
constable thereon, be filed with the state treasurer, and at the
expiration of thirty days therefrom, the liability of such surety
for the subsequent acts of said pilot shall cease. If a pilot so
notified fails to furnish a new bond before the expiration of said
thirty days, his commission shall be void.

Section 3. Said chapter one hundred and three is hereby
further amended by striking out section sixteen and inserting
in place thereof the following: — Section 16. A pilot, in case of
the decease, insolvency or bankruptcy of a surety upon his bond,
shall give notice thereof to the commissioners. In such a case,
or whenever a pilot's bond appears to the commissioners to be
insufficient, he shall give a new bond.

Section 4. Section seventeen of said chapter one hundred
and three is hereby amended by striking out, in the fourth line,
the words "of a pilot for the harbor of Boston" so as to read as
follows: — Section 17. A pilot shall have a lien for his pilotage
fees upon the hull and appurtenances of every vessel liable to
him therefor under this chapter for sixty days after the com-
pletion of his services; but the lien shall not be enforced until
approved by the commissioners.

Section 5. Section twenty-nine of said chapter one hun-
dred and three is hereby repealed.

Section 6. The initial appointments of commissioners and
deputy commissioners under this act shall be made within
thirty days of its effective date. Upon the qualification of the
commissioners first so appointed, the terms of office of the com-
missioners of pilots for the harbor of Boston shall expire. Upon
the qualification of a deputy commissioner, first so appointed,
the terms of office of all port wardens in his district shall expire.
But nothing herein contained shall affect the commissions of
pilots of any kind, except that after this act takes effect they
may be removed for the causes specified and in the manner pro-

Acts, 1923. —Chap. 391. 401

vided ill srction throe of said chapter one hundred and three, as
amended by tliis act. All rules and regulations in force at the Rules and
time this act takes effect shall continue in force until changed contlnueln*"
in accordance therewith. Approved May I4, 1923. force, etc.

An Act relative to the collection of water rates. Chan 391
Be it enacted, etc., as foUoivs:

Chapter forty of the General Laws is hereby amended by g. l. 40, new
inserting after section forty-two the following six sections: — sections after
Sectioji 4-'l- If the rates and charges due to a city or town unpaid water
which accepts this and the five following sections by vote of its u^'pon rea^" ''""
city council or of the voters in town meeting for supplying water estate, etc., in
to any real estate at the request of the owner or tenant, including and^tow*'ns.^^
interest and costs thereon, as established by local regulations,
ordinances or by-laws, are not paid within sixty days after their
due date, the same shall be a lien upon such real estate in the
manner hereinafter provided. This and the five following sec- Certificate of
tions shall not take effect in a city or town accepting the same statute tTbe^
as aforesaid until the city or town clerk files in the proper reg- gl^^g^y^fh^'"^
istry of deeds a certificate that said sections have been so ac-
cepted. Each register of deeds shall record such certificate in a
book to be kept for the purpose, which shall be placed in an
accessible location in the registry.

Section 4^B. Such lien shall take effect upon the filing for Lien, when to
record in the registry of deeds for the county where the real ^^'^ ^ ^ '"^ •
estate lies of a statement by the board or officer in charge of the
water department that the rates and charges for water supplied
to the real estate therein described, including interest and costs,
to an amount therein specified, have remained unpaid for sixty
days after the due date, and said lien shall continue for one Duration of
year from the first day of October next following. Such state- '"'"' ^*''-
ment shall contain the name of the owner of record of such
real estate and a description thereof sufficiently accurate for
identification. The register of deeds shall receive and record
or, in case of registered land, file and register, said statement.

Section Jf2C. Within a reasonable time after filing such state- commitment
ment for record or registration, the board or. oflficer in charge acc"unts^to
of the water department shall commit the unpaid account with collectors of
his warrant to the collector of taxes of the city or town, and such
collector shall forthwith send notice in accordance with section
three of chapter sixty to the person designated in such warrant
as the owner of record, and any demand for the payment of such
account shall be made upon such person. The collector shall ^u^'lg^f"^
have the same powers and be subject to the same duties with collectors.
respect to such unpaid accounts as in the case of the annual
taxes upon real estate, and the provisions of law relative to the Certain
collection of such annual taxes, the sale of land for the non- t'axlaw°"to°^
payment thereof and the redemption of land so sold shall apply apply.
to unpaid accounts charged upon real estate under sections forty-
two A to forty-two F, inclusive.

Section 42D. Unpaid accounts under sections forty-two A to interest on
forty-two F, inclusive, shall bear interest at the rate of six per accounts.

402

Acts, 1923. — Chap. 392.

Addition of
unpaid
accounts to
annual tax
bill.

Abatements.

Appeal to
superior court.

Recovery from
tenants by real
estate owners
paying charges
when.

cent per annum from the time demand is made under the pre-
ceding section, or from such earlier time after their due date as
the city or town may by ordinance or by-law provide. Any such
account committed to the collector under said section and re-
maining unpaid shall be added by the collector to the annual
tax bill next to be issued, and the total amount of such bill shall
be subject to interest under the provisions of section fifty-seven
of chapter fifty-nine.

Section Jf2E. An owner of real estate aggrieved by a charge
imposed thereon under sections forty-two A to forty-two F, in-
clusive, in addition to such remedy as he may have under sec-
tion ten of chapter one hundred and sixty-five, may apply for
an abatement thereof by filing a petition with the board or
officer having control of the water department within thirty
days after demand under section forty-two C, and if such board
or officer finds that such charge is more than is properly due, a
reasonable abatement shall be made; and except as otherwise
provided herein, the provisions of chapter fifty-nine relative to
the abatement of taxes by assessors shall apply, so far as appli-
cable, to abatements hereunder. If such petition is denied in
whole or in part, the petitioner may appeal to the superior court
for the county where the real estate lies upon the same terms
and conditions as a person aggrieved by the refusal of the
assessors of a city or town to abate a tax.

Section 42F. An owner of real estate who, in order to prevent
the imposition of a lien thereon or to discharge the same, has
paid charges for water furnished to a tenant or other person who
was bound to pay the same, may recover from such tenant or
other person in an action of contract the amount of the charges
so paid with all incidental costs and expenses.

Approved May 15, 1923.

G. L. 215, § 18,
amended.

Judges of
probate may
appoint court
stenographers.

ChaV 392 ^^ ^^'^ authorizing judges of PROBATE TO APPOINT PERMA-

NENT COURT STENOGRAPHERS.

Be it enacted, etc., as follows:

Chapter two hundred and fifteen of the General Laws is
hereby amended by striking out section eighteen and inserting
in place thereof the following: — Section 18. The judges of
probate of any county may, subject to the approval of the county
commissioners of such county, appoint and fix the compensation
of a stenographer for the probate court of such county. The
compensation and expenses of such stenographer shall be paid
by the county. At the trial of any issue of fact in a probate
court the presiding judge may appoint a stenographer, .who shall
be sworn and shall attend the trial, or such part thereof as the
judge may direct, and perform like duties and receive the same
compensation therefor as a stenographer appointed by the
superior court who is not on salary; and the sums so payable
for his attendance at court and for any transcript of his notes
or part thereof furnished to the judge by his direction shall be
paid by the county upon the certificate of the judge.

Approved May 15, 1923.

Acts, 1923. — Chaps. 393, 394, 395. 403

An Act reviving the beacon falls rubber shoe company (JJiap^^Q^

AND DISSOLVING THE BEACON FALLS RUBBER SHOE COMPANY ^'

OF BOSTON.

Whereas, The deferred operation of tliis act would cause in- ^^^'^^^^s^J^J^y
convenience and expense in tlie administration of the tax laws,
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 Beacon Falls Rubber Shoe Company, a The Beacon
corporation dissolved by chapter two hundred and three of the J;'|j||| company
acts of nineteen hundred and twenty-three, is hereby revived revived, etc
with the same powers, duties and obligations as if said chapter
had not been passed; and all acts and proceedings of the stock-
holders, directors and officers of said corporation acting as such
which would be legal and valid but for the passage of said
chapter are hereb}^ ratified and confirmed.

Section 2. Subject to the provisions of sections fifty-one The Beacon
and fifty-two of chapter one hundred and fifty-five of the General If^^l co^mplW
Laws and of sections two to four, inclusive, of said chapter two °|?^^°f^*°^ ^^^
hundred and three. The Beacon Falls Rubber Shoe Company of '^
Boston is hereby dissolved as of March thirty-first in the current
year. Approved May 16, 1923.

An Act authorizing the acushnet fire and water dis- QJiart.^^^:

TRICT TO SUPPLY' WATER TO THE FAIRHAVEN WATER COM-
PANY.

Be it enacted, etc., as follows:

Section 1. The Acushnet Fire and Water District may Acushnet Fire
furnish and sell by meter water to the Fairhaven Water Com- District may
pany for the use of the people of the town of Fairhaven at a ^o r'a'i^h'Ivl^n
fixed and determined point as near as may be to the boundary water Com-
line between said district and said town at a rate to be agreed '''*°^'
upon by said district and said company, but which shall not be
less than that prevailing in said district.

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

Approved May 16, 1923.

An Act authorizing the city of new Bedford to supply Chap. 395

WATER to the FAIRHAVEN WATER COMPANY.

Be it enacted, etc., as follows:

Section 1. The city of New Bedford may furnish and sell ^i^ford^tly
by meter water to the Fairhaven Water Company for the use of supply water
the people of the town of Fairhaven at a fixed and determined water Com-
point as near as may be to the boundary line between said city p*"^-
and said town at a rate to be agreed upon by said city and said
company, but which shall not be less than that prevailing in
said city.

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

Approved May 16, 1923.

404

Acts, 1923. — Chap. 396.

C/ia/J. 396 An Act providing allowances to certain organizations
OF persons who served in the world war for the ex-

Emergency
preamble.

1922,378, § 1,
etc., aniendeil.

Allowances for
burial expenses
of certain
per.sons wlio
died overseas
in service of
United States
in World War.

Provisos.

1922, 378, § 2,
etc., amended.

Application for
allowances,
when and to
whom to be
made, etc.

penses of certain military funerals or burials
which they participate.

Whereas, This act being of limited duration, its deferred
taking effect would unduly restrict its operation, 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. Section one of chapter three hundred and
seventy-eight of the acts of nineteen hundred and twenty-two,
as amended by section one of chapter two hundred and fifty-
eight of the acts of the present year, is hereby further amended
by striking out section one of said chapter three hundred and
seventy -eight and inserting in place thereof the following: —
Section 1 . A post of The American Legion or of the Veterans of
Foreign Wars of the United States, or any incorporated organi-
zation composed of men or women who served in the World
War with the twenty-sixth division, commonly known as the
Yankee division, or any other division or unit of the United
States in overseas service, may be granted an allowance for
expenses actually incurred in a mihtary funeral or burial of a
soldier, sailor or marine, or army or navy nurse, of the United
States who died in overseas service between April sixth, nine-
teen hundred and seventeen, and October eighteenth, nineteen
hundred and twenty-one, not exceeding fifty dollars in each
case; provided, that if financial assistance has been received
from any public or private source in conducting such funeral or
burial, the sum so allowed shall be reduced by the amount of
such assistance, and provided further that where two or more
such posts or incorporated organizations jointly conduct or
assist in conducting such a funeral or burial the said allowance
shall be paid to both posts or incorporated organizations in such
proportions as the commissioner of state aid and pensions
approves.

Section 2. Section two of said chapter three hundred and
seventy-eight, as amended by section two of said chapter two
hundred and fifty-eight, is hereby further amended by striking
out section two of said chapter three hundred and seventy-eight
and inserting in place thereof the following : — Section 2. Appli-
cation for such allowance may be made, not later than October
first, nineteen hundred and twenty-three, on special forms pre-
pared by said commissioner, to the officials charged with the
disbursement of state and military aid for soldiers and sailors
and their dependents in the city or town where the post or in-
corporated organization entitled thereto is located. Said officials
shall forward the application to the commissioner, who, after
examination, shall allow and endorse thereon such amount as
he may find to be due such post or posts or such incorporated
organization applying under this act. The amount so allowed

Acts, 1923. —Chaps. 397, 398. 405

shall be paid by the treasurer of the city or town, and the com- Payment by
nionwealth shall reimburse such city or town therefor when t'fv^*ifg'*a,'j
reimbursing it for payments of state and military aid. state reim-

Approwd May 16, 1023. therefor.
. — __ — ^ — . — . 1

An Act relative to dockets and records in defective (JJidj) 397

DELINQUENT PROCEEDINGS.

Be it enacted, etc., as follows:

Section one hundred and twenty-one of chapter one hundred ^j^J'^jp";]' ^ '"'•
and twenty-three of the General Laws is hereby amended by
striking out all after the word "kept" in the third line and in-
serting in place thereof the f ollowing : — by the clerk of the
court in which the justice making the commitment under said
sections sits. The clerk shall receive and keep on file the original
application, the certificate of physicians and the copy of the
order of commitment attested by and with the return thereon
of the officer or other person serving the same, — so as to read
as follows: — Section 121. A docket for, and a record of all ^^poJ^^'^-^"'^
proceedings under sections one hundred and thirteen to one hun- defective
dred and twenty-four, inclusive, and all papers in connection proceedfnga.
therewith, shall be kept by the clerk of the court in which the
justice making the commitment under said sections sits. The
clerk shall receive and keep on file the original application, the
certificate of physicians and the copy of the order of commit-
ment attested by and with the return thereon of the officer or
other person serving the same. Approved May 16, 1923.

An Act relative to the salaries of district attorneys nhf.^ qqo

AND assistant DISTRICT ATTORNEYS. "'

Be it enacted, etc., as follows:

Section 1. Chapter twelve of the General Laws is hereby g. l. 12, § 15,
amended by striking out section fifteen and inserting in place ^"^^"'^ed.
thereof the following: — Section 15. District attorneys shall Salaries of
receive from the commonwealth salaries as follows: attorneys.

For the Suffolk district, nine thousand dollars.

For the northern district, seven thousand dollars.

For the eastern district, six thousand dollars.

For the middle district, six thousand dollars.

For the southeastern district, six thousand dollars.

For the southern district, five thousand dollars. '

For the western district, four thousand dollars.

For the northwestern district, three thousand dollars.

Section 2. Said chapter twelve, as amended in section six- o. l. 12, § le,
teen by section two of chapter three hundred and four of the '^^^■' a'^ended.
acts of nineteen hundred and twenty-two and by section two of
chapter two hundred and eleven of the acts of nineteen hundred
and twenty-three, is hereby further amended by striking out
said section sixteen and inserting in place thereof the follow-
ing:— Section 16. Assistant, second assistant and third as- salaries of
sistant district attorneys and deputy district attorneys shall ^tstric"*' ''^''"
receive from the commonwealth salaries as follows: attorneys.

406

Acts, 1923. —Chap. 399.

Salaries of
assistant, etc.,
district
attorneys.

G. L. 12, § 17,
etc., repealed.

For the Suffolk district, four assistants, five thousand dollars,
and two assistants, four thousand dollars.

For the northern district, assistant, thirty-six hundred dollars;
second assistants, three thousand dollars.

For the eastern district, assistant, thirty-six hundred dollars;
second assistant, three thousand dollars.

For the middle district, assistant, thirty -six hundred dollars;
second assistant, three thousand dollars; third assistant, eighteen
hundred dollars.

For the southeastern district, assistant, thirty-six hundred
dollars ; second assistant, three thousand dollars ; deputy district
attorney, such compensation as shall be fixed by the district
attorney, with the approval of the chief justice of the superior
court.

For the southern district, assistant, three thousand dollars;
second assistant, twenty-four hundred dollars. >

For the western district, assistant, twenty-four hundred dol-
lars; second assistant, two thousand dollars.

Section 3. Section seventeen of said chapter twelve, as
amended by section three of chapter three hundred and four
and section one of chapter three hundred and thirty-three, both
of the acts of nineteen hundred and twenty -two, and by section
seventeen of chapter three hundred and sixty -two of the acts of
the current year, is hereby repealed. Approved May 16, 1923.

Chav.399 An Act establishing the division or metropolitan plan-
ning WITHIN THE METROPOLITAN DISTRICT COMMISSION.

Emergency
preamble.

Whereas, The deferred operation of this act would unneces-
sarily postpone the inception of certain improvements of great
advantage to the metropolitan district and the commonwealth,
therefore this act is hereby declared to be an emergency law,
necessary for the immediate preservation of the public con-
venience.

G. L. 28, new
sections at end
thereof.

Establishment
of division of
metropolitan
planning to be
in charge of
seven commis-
sioners, etc.

Be it enacted, etc., as folloivs:

Section 1. Chapter twenty-eight of the General Laws is
hereby amended by adding at the end thereof the two following
new sections : — Section 5. There shall be organized within the
metropolitan district commission a division of metropolitan
planning. Said division shall be in charge of seven commis-
sioners, three of whom shall be appointed by the governor, with
the advice and consent of the council, for terms of five years
from the date of their respective appointments and without
compensation; an associate commissioner of public works, to
be designated from time to time by the commissioner of public
works; a commissioner of the department of public utilities, to
be designated from time to time by the chairman of said depart-
ment; an associate commissioner of the metropolitan district
commission, to be designated from time to time by the com-
missioner of said commission; and an officer of the transit de-
partment of the city of Boston, to be designated from time to
time by the chairman thereof. The chairman of said division

Acts, 1923. — Chap. 400. 407

shall be designated by the governor. Seciion 6. Said division Powers and
shall in\estigate and make recommendations as to transporta- filvi^on!
tion ser\ice and facilities within the district consisting of all the
cities and towns in the metropolitan sewer districts, and the
metropolitan parks district, and the co-ordination thereof upon
highways, roads, bridges, waterways, railroads, street railways
and other arteries of traffic; the manner of effecting such co-
relationship and what improvements and new facilities should
be provided for a comprehensive and co-ordinated development
of transportation for said district. It shall confer with the local
planning agencies in the district with regard to such projects as
are not of an exclusi\ely local character. It shall recommend
the method of carrying into effect and financing the projects
recommended by it, and shall make such maps, plans and esti-
mates of cost as may be needed for its investigations and reports,
and may employ such assistants therefor as it deems necessary.
The various other departments, boards and divisions of the state
commonwealth, the public trustees, respectively, of the Boston boards'"eto*^'
Elevated Railway Company and of the Eastern Massachusetts may consult
Street Railway Company, the street commissioners, planning Tt'c. '^'^'®""^'
boards and other officials of cities and towns comprising said
district, and the various public utilities operating therein may
consult with it and furnish all facts and information requested
within their knowledge or control.

The division shall annually submit to the budget commissioner Estimates to
the estimates required by sections three and four of chapter missloner™'
twenty-nine, and shall prepare and file an annual report as Annual report.
required by sections thirty-two and thirty-three of chapter
thirty.

Section 2. The said division may, for the current fiscal Expenditures
year, expend for clerical, engineering, expert and other assistance authorized.
and for incidental expenses such sums, not exceeding fifteen
thousand dollars, as may be appropriated by the general court,
the same to be assessed upon the metropolitan parks district.

Section 3. Chapter four hundred and six of the acts of nine- 1922, 406,
teen hundred and twenty-two is hereby amended by striking ^"^''"^s'^-
out from the beginning thereof down to and including the word of Herbert w.
"The" in the third line and inserting in place thereof the i^tlndenTof"^'
words : — The metropolitan district, — and also by inserting p^'ice by
after the word "thirty-one" in the ninth line the words: — of distriS°'^°
the General Laws. Approved May 16, 1923. ''""''Mission.

An Act establishing the salaries of certain employees

OF THE SERGEANT-AT-ARMS.

Be it enacted,- etc., as follows:

Section 1. Chapter three of the General Laws, as amended ^i- ^' ^- § \^\
in section eighteen by section one of chapter three hundred and
sixty-seven of the acts of nineteen hundred and twenty-one and
by section one of chapter three hundred and sixty-six of the acts
of nineteen hundred and twenty-two, is hereby further amended
by striking out said section eighteen and inserting in place

Chap.^00

etc., amended.

408

Acts, 1923. —Chap. 401.

Certain
employees of
the sergeant-
at-arms,
salaries
established.

When salary
increases shall
take effect.

thereof the following: — Section 18. There shall be a doorkeeper
for each branch, each at a salary of twenty-three hundred dollars,
and such assistant doorkeepers as it may direct, each at a salary
of nineteen hundred dollars; a postmaster at a salary of twenty-
one hundred dollars; an assistant postmaster; messengers, each
at a salary of seventeen hundred dollars; pages whose compen-
sation shall be six hundred and fifty dollars each for the regular
annual session and a sum not exceeding three dollars for each
day's service after said session; a clerk to take charge of the
legislative document room at a salary of twenty-one hundred
dollars, an assistant clerk of said room at a salary of sixteen
hundred dollars, and such assistants therein as may be necessary,
for whose fitness and good conduct the sergeant-at-arms shall
be responsible.

Section 2. The increases in salaries provided for by this
act shall not take effect until an appropriation has been made
sufficient to cover the same and then as of June first in the
current year.

{The foregoing was laid before the governor on the tenth day of
May, 1923, and after five days it had '^ the force of a laio", as pre-
scribed by the constitution, as it was not returned by him with his
objections thereto within that time.)

ChapAOl ^^ ^^^ AUTHORIZING CITIES AND TOWNS TO APPROPRIATE
MONEY FOR THE PROPER OBSERVANCE OF MEMORIAL DAY
AND OTHER PATRIOTIC HOLIDAYS UNDER THE AUSPICES OF
THE VETERANS OF FOREIGN WARS OF THE UNITED STATES.

Emergency pre-
amble.

Whereas, The deferred operation of this act would in part
defeat its purpose, in that it would not be operative on Memorial
Day next ensuing, therefore it is hereby declared to be an emer-
gency law, necessary for the immediate preservation of the
public convenience.

G. L. 40, § 5,
cl. 12, etc.,
amended.

Cities and
towns may ap-
propriate
money for dec-
oration of
soldiers' graves
and for observ-
ance of

Memorial Day
and other patri-
otic holidays,
etc.

Be it enacted, etc., as follows:

Section five of chapter forty of the General Laws, as amended
by chapter three hundred and seventy-one and by section six
of chapter four hundred and eighty-six, both of the acts of nine-
teen hundred and tw^enty-one, and by chapter two hundred and
two of the acts of nineteen hundred and tw^enty-three, is hereby
further amended by striking out clause (12) and inserting in
place thereof the following: — {12) For erecting headstones or
other monuments at the graves of persons who served in the
war of the revolution, the war of eighteen hundred and twelve,
the Seminole war, the Mexican war or the w^ar of the rebellion
or who served in the military or naval service of the United
States in the Spanish American war or in the World war; for
acquiring land by purchase or by eminent domain under chapter
seventy-nine, purchasing, erecting, equipping or dedicating
buildings, or constructing or dedicating other suitable memorials,
for the purpose of properly commemorating the services and
sacrifices of persons who served as aforesaid; for the decoration

Acts, 1923. —Chap. 402. 409

of the graves, monuments or other memorials of soldiers, sailors
and marines who served in the army, navy or marine corps of
the United States in time of war or insurrection and the proper
observance of IVIemorial Day and other patriotic holidays under
the auspices of the local posts of the Grand Army of the Republic,
United Spanish War Veterans, The American Legion and the
Veterans of Foreign Wars of the United States; or for keeping
in repair graves, monuments or other memorials erected to the
memory of such persons or of its firemen who died from injuries
received in the performance of their duties in the fire service or
for decorating the graves of such firemen or for other memorial
observances in their honor. Money appropriated in honor of
such firemen may be paid over to, and expended for such purposes
by, any veteran firemen's association or similar organization.

Approved May 17, 1923.

An Act relative to tax returns. ChapA02

Whereas, The deferred operation of this act would tend to Emergency pre-
defeat its purpose, therefore it is hereby declared to be an emer- ^"^'^'•<*-
gency law, necessary for the immediate preservation of the
public convenience.

Be it enacted, etc., as follows:

Section 1. Section fifty-eight of chapter sixty-two of the g. l. 62, §58,
General Laws is hereby amended by striking out, in the first and amended.
second lines, the words " or by the state auditor," and by striking
out, in the sixth and seventh lines, the words "or by proper
judicial order," so as to read as follows: — Section 58. The Penalty for
disclosure by the commissioner, or by any deputy, assistant, infOTmatLn^n
clerk or assessor, or other employee of the commonwealth, or of income tax re-
any city or town therein, to any person but the taxpayer or his etc. ' '
agent, of any information whatever contained in or set forth by
any return filed under this chapter, other than the name and
address of the person filing it, except in proceedings to collect
the tax or for the purpose of criminal prosecution under this
chapter, shall be punishable by a fine of not more than one
thousand dollars, or by imprisonment for not more than six
months, or both, and by disqualification from holding office for
such period, not exceeding three years, as the court determines.

Section 2. Section fifty-three of chapter sixty-three of the g. l. 63, § 53,
General Laws, as amended by chapter forty-nine of the acts of ^*^° • amended.
nineteen hundred and twenty-two, is hereby further amended corporate fran-
by striking out the last paragraph. turnV*"'^^"

Section 3. Said chapter sixty-three is hereby further g. l. 63, new
amended by inserting after section seventy-one the following |ection after
new section: — Section 71 A. Returns required by this chapter inspection of
shall, except in proceedings to collect the taxes or enforce the IH^^^^I^^ ^^^
penalties provided herein, be open only to the inspection of the stricted.
commissioner, his deputies, clerks and assistants, and such other
officers of the commonwealth as may have occasion to inspect
them for the purpose of assessing or collecting taxes.

Approved May 17, 1923.

410

Acts, 1923. —Chaps. 403, 404, 405.

ChapA03 An Act authorizing the town of falmouth to raise and

APPROPRIATE MONEY FOR A SPECIAL CELEBRATION ON ME-
MORIAL DAY.

Be it enacted, etc., as follows:

Section 1. For the purpose of holding a special public cele-
bration on Memorial Da^^ in the current year in the town of
Falmouth on the occasion of publicly awarding the distinguished
service cross to Cornelius P. Collins, a veteran of the World
War, said town is hereby authorized to raise and appropriate,
or to use from any available funds, a sum of money not exceeding
twenty-five hundred dollars; provided it is so voted at a town
meeting held therefor.

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

Approved May 17, 1923.

Town of Fal-
mouth may
raise and ap-
propriate
money for
special celebra-
tion on Me-
morial Day.

(7^a2).404 An Act authorizing the city of medford to borrow money

FOR the construction AND PAVEMENT OF STREETS.

City of Med-
ford may bor-
row money for
construction
and pavement
of streets.

Medford Street
Improvement
Loan, Act of
1923.

Be it enacted, etc., as follows:

Section 1. For the purpose of street construction and pave-
ment, the city of Medford may from time to time borrow such
sums as may be necessary, not exceeding, in the aggregate, two
hundred and fifty thousand dollars, and may issue bonds or
notes therefor, which shall bear on their face the words, Medford
Street Improvement Loan, Act of 1923. 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 provided herein, be subject to chapter forty-four of the General
Laws.

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

Approved May 17, 1923.

Chap

Definitions.

.405 An Act to provide for the acquisition by the city of

BOSTON of street RAILWAY LINES IN THE HYDE PARK DIS-
TRICT AND THE OPERATION THEREOF BY THE BOSTON ELE-
VATED RAILWAY COMPANY.

Be it enacted, etc., as follows:

Section 1. When used in this act —

"City" shall mean the city of Boston.

"District" shall mean that part of the city formerly within
the boundaries of the town of Hyde Park, together with that
part of River street which extends from the old Hyde Park-Bos-
ton line to Mattapan square.

"Company" shall mean the Boston Elevated Railway Com-
pany.

"Premises" shall mean the property leased to the company
by the city under the provisions of this act.

"Transit department" shall mean the transit department of
the city of Boston, or such other board or officers as may succeed
to its rights and duties.

Acts, 1923. —Chap. 405. 411

Section 2. The city, acting through its transit department, city of Boston
and without otlier autliority than that contained in this act, "tre^fraUway
may at any time before January first, nineteen hundred and nyS^park
twenty-four, purchase or take by eminent domain the following district.
property within the district: — all street railway lines, tracks
and locations, including ties, rails, special work, joints, tie plates,
fastenings, ballast, paving and brow stones, also all trestles,
bridges and other structures for the support of said tracks; all
pole and line construction, including all poles, trolley wires,
span wares, feeders, telephone and telegraph systems appurte-
nant to said lines, signals and appurtenances, underground
conduits, power houses, and equipment physically attached
thereto and forming part thereof, and car barns and equipment
attached thereto and forming part thereof.

Section 3. The taking or takings by eminent domain au- Eminent do-
thorized herein shall be made and damages therefor determined and"payment of
and paid under and in accordance with chapter seventy-nine of ^^=>mages there-
the General Laws, except that petitions for the assessment of
damages may be filed in the superior court for any of the follow-
ing counties: — Suffolk, Norfolk or Middlesex. The right to
damages as against the city for such taking or takings of any
property owned by the Eastern Massachusetts Street Railway
Company shall vest in said company. The city, acting by its
transit department, with the approval of the mayor, may make
payment for damages for all property taken under authority of
this act out of the proceeds of bonds issued by the city under
the provisions of section seven, but if the amount of the proceeds
available from such bonds is insufficient to pay the full amount
of such damages, the city shall nevertheless be liable for such
damages, irrespective of any legal limit of indebtedness previously
provided by law.

Section 4. Before acquiring any property under authority Contract with
of this act, the transit department in the name and on behalf of vated Raifway
the city, shall execute a contract in writing with the company Company for
upon such terms and conditions, not inconsistent with the pro- street railway
visions of this act, as the transit department and the board of park d'istrTct^
trustees of the company may agree upon, for the use by the
company of the property proposed to be acquired, or so much
thereof as shall appear to the board of trustees of the company
to be necessary or convenient for the operation of street railway
lines in the district, for a term beginning with the use of the
premises by the company and extending to the termination of
the period of public control of the company under the provisions
of chapter one hundred and fifty-nine of the Special Acts of
nineteen hundred and eighteen and acts in amendment thereof.
The company shall pay for the use of the premises a rental at the Rental by com-
rate of four and one half per cent per annum upon the fair and property "eTc°^
reasonable value of the premises for street railway purposes as
agreed upon by the transit department and the company, or,
in case of difference, as determined by the department of public
utilities. In case the company shall be kept out of possession or
depriAcd of the use of the premises, or any part thereof, by any
act on the part of the city or of any person or corporation claiming

412

Acts, 1923. — Chap. 405.

Return of prop-
erty at termi-
nation of use.

Alterations, im-
provements,
etc., by com-
pany.

Proviso.

Payments to
company by
city for alter-
ations, etc.

Valuation of
property at be-
ginning and at
termination
of use thereof.

Company to
pay city in case
of decreased
valuation.

City to pay
company in
case of in-
creased valu-
ation.

an adverse interest in said premises, the rental or a just and
reasonable part thereof as agreed upon by the transit depart-
ment and the company, or, in case of difference, as determined
by the department of public utilities, shall be suspended or
abated during the time the company is so kept out of possession
or deprived of the use of the premises, or any part thereof. In
case the city shall, during the term of such contract, reimburse
the company for capital expenditures upon the premises as pro-
vided in section five, the amount of such reimbursement shall
be added to the fair and reasonable value of the premises for
street railway purposes for the purpose of determining the
rental thereafter payable by the company for the use of the
premises.

Section 5. Said contract for use shall require the return of
the premises to the city at the termination of said use in as good
order and condition as at the beginning, and shall provide that
the company may from time to time make such alterations, re-
placements, additions and improvements in and to the premises
as the company shall deem to be necessary or advisable to put
the premises in good operating condition; provided, however,
that no such alterations, replacements, additions or improve-
ments shall be made, except in case of emergency, without the
written consent of the transit department or a certificate from
the department of public utilities that the proposed work is
reasonably necessary or advisable to put the premises in good
operating condition. In case of any such alteration, replace-
ment, addition or improvement, the department of public
utilities shall on application of the company determine what
proportion thereof, if any, would, under the standard system of
accounting prescribed for street railways by the interstate com-
merce commission and adopted by the department of public
utilities, constitute a proper charge against capital, and the city
shall thereupon pay the same to the company. If the city shall
not make said payments when due, the company shall be en-
titled to deduct the amount thereof, with interest, from any
rental subsequently payable to the city for the use of the prem-
ises.

Section 6. There shall be made as of the date when the use
of the premises by the company begins and as of the date when
the use terminates, a full and complete inventory, description
and valuation of the premises by a board of three persons, one
appointed by the transit department, one by the company, and
the third chosen by the two so appointed or, in case of their
failure to agree upon a third person, by the governor. In case
the valuation so made as of the date when the use begins plus
all capital improvements and betterments for which the com-
pany has been reimbursed by the city shall exceed the valuation
at the termination of the use, the company shall pay over to the
city an amount equal to such excess, and in case such valuation
as of the date when the use begins plus all capital improvements
and betterments for which the company has been reimbursed
by the city, is less than the amount of the "s-aluation at the

Acts, 1923. — Chap. 405. 413

termination of the use, the city shall pay o\cr to the company
an amount equal to such deficit.

Section 7. The treasurer of the city shall from time to time, city of Boston
on request of the transit department, and without further au- boYds^^eTc
thorization than herein contained, issue and sell at public or
private sale the bonds of the city, registered or with interest
coupons attached, as he may deem best, to an amount not ex-
ceeding the cost of carrying out the provisions of this act. Such
bonds shall bear on their face the words, Hyde Park Street ^^^y^g^^^j^f^g^
Railway Loan, shall be for such terms not exceeding forty-five Loan.
years, as the mayor and treasurer of the city may determine;
and shall bear interest payable semi-annually, at such rate as
the treasurer shall determine. The proceeds of such bonds,
including any premium realized from the sale thereof, shall be
used to meet all damages, cost and expenses incurred by the
transit department or by the city in carrying out the provisions
of this act. The board of commissioners of sinking funds of the sinking fund.
city shall establish a sinking fund for the payment of the bonds
issued under this act. The proceeds from any sale or sales of ppldgf^^^ni' gales
property taken, or acquired by purchase or otherwise, under of property,
authority of this act shall be used for the same purpose as the ^^^'
rental of said premises or shall be used for the payment of ex-
penditures incurred for the acquisition of said property, as the
transit department may determine. All rentals, tolls, per- Use of rentals,
centages or other compensation received by the city under the *° ^'^^'^'
provisions of this act shall annually be used by the treasurer of
the city, first, to meet the requirements of any deficiency in the
said sinking fund; second, to meet the interest on said bonds;
and the surplus, if any, as a part of the general revenue of the
cit\'. The city shall have, hold and enjoy in its private or pro- Rigiits of city
prietar\' capacity, for its own property, the property acquired acquired.^etc?'
by it under the provisions of this act, and all rents, tolls, income
and profits from all contracts entered into by it for the use of
said property or any part thereof, and the same shall never be
taken by the commonwealth except on payment of just com-
pensation.

Debts incurred by the city for the purposes of this act shall noVto affect^'its
not be considered in determining the statutory limit of indebted- ^^bt limit.
ness of the city.

Section 8. In respect to the use and operation of the prem- Powers, duties,
ises, the company shall have all the powers and privileges and of company as
be subject to all the duties, liabilities, restrictions and provisions the^propert'y*!^
set forth in general and special laws now or hereafter in force
applicable to it. To provide for proper connections with the
premises, the company may make such alterations or extensions
of its tracks and locations as the transit department may ap-
prove.

Section 9. The contract for the use of the premises executed ug'^^of'^t'^e^"'"
in accordance with the authority conferred by this act shall not property not to
in any respect impair any right which the commonwealth or the Hghts'a^To^'"
city of Boston or an}- other licensee of the commonwealth may [fe'l'of c'^m-^'^'
at any time have to take the railway properties of the Boston pany. etc.

414

Acts, 1923. — Chap. 406.

When to take
effect.

Elevated Railway Company. In the event of such taking, the
compensation to be paid to the company shall not be enhanced
by reason of such contract, nor shall it be diminished because of
the fact that without it properties might be cut off.

Section 10. This act shall take effect upon its acceptance
by vote of the city council of the city of Boston, approved by
the mayor, and the filing of a certificate evidencing such ac-
ceptance with the secretary of the commonwealth. For the
purpose of such acceptance, this act shall take effect upon its
passage. Approved May 17, 1923.

G. L. 167, § 2,
etc., amended.

Examination
of banks.

C/iap. 406 An Act eelative to the payment of expenses of exami-
nations OF TRUST COMPANIES.

Be it enacted, etc., as follows:

Section 1. Section two of chapter one hundred and sixty-
seven of the General Laws, as amended by section one of chapter
three hundred and sixty-three of the acts of nineteen hundred
and twenty-two, is hereby further amended by inserting after
the first sentence the following new sentence : — The expenses of
the annual examination of a trust company shall be borne by the
company, and shall be limited to the actual cost of such exami-
nation and such additional sum for the overhead expenses of the
division of banks and loan agencies as the commissioner shall
determine to be attributable to such examination, — so as to
read as follows : — Section 2. The commissioner, either person-
ally or by his examiners, or such others of his assistants as he
may designate, shall, at least once in each year, make an exami-
nation of the affairs of each bank and ascertain its condition,
its ability to fulfil its obligations and also whether it has com-
plied with the law; and he may also, whenever he considers it
expedient, make, at the expense of the bank, such further exami-
nations as he deems advisable. The expenses of the annual
examination of a trust company shall be borne by the company,
and shall be limited to the actual cost of such examination and
such additional sum for the overhead expenses of the division
of banks and loan agencies as the commissioner shall determine
to be attributable to such examination. The commissioner or
the person making the examination shall, at the time of any
such examination, have free access to the vaults, investments,
cash, books and papers. The commissioner shall preserve a full
record of each such examination of a bank, including a statement
of its condition, if ascertained. Such records, and information
contained in the reports of such banks, other than information
required by law to be published or to be open to the inspec-
tion of the public, shall be open only to the inspection of
the commissioner, his examiners and assistants, and such other
officers of the commonwealth as may have occasion and authority
to inspect them in the performance of their official duties. The
commissioner may furnish to the national bank examiners, the
federal government, any organization created by federal legis-
lation, or the banking departments of other states, such infor-
mation, reports and statements relating to the institutions under
his supervision as he deems best.

Payment of e.\-
penses of ex-
aminations of
trust com-
panies.

Access to
vaults, books,
etc.

Record of ex-
amination.

Inspection of
records, etc.,
restricted.

Information to
federal govern-
nient, etc.

Acts, 1923. —Chap. 407. 415

Section 2. Sections twenty, twenty-one, twenty-two, o. L.^172,
twenty-eight, twenty-nine and thirty of chapter one hundred repealed Z^'^"'
and seventy-two of the General Laws are hereby repealed.

Section 3. This act siiall take effect January first, nineteen Time of taking
hundred and twenty-four. Approved May 17, 1923.

effect.

ChapA07

An Act relative to the attendance of court officers
UPON the supreme judicial court and the superior

COURT in SUFFOLK COUNTY AND TO THE PENSION RIGHTS
OF SUCH OFFICERS.

Be it. enacted, etc., as follows:

Section 1. Section sixty-nine of chapter two hundred and ^j^J^^Jg^i, § 69.
twenty-one of the General Laws is hereby amended by inserting
after the word "sheriffs" in the first line the words: — or court
officers, — and by inserting after the word "sheriffs" in the
eighth line the words : — , court officers, — so as to read as fol-
lows : — Scctio7i 69. Not more than four deputy sheriffs or Number of
court officers shall receive compensation for attendance upon courf officersf^'
any civil sitting of the supreme judicial court or a sitting of the ^^^-^^^^g^^^" ^^
superior court for civil business or for both civil and criminal supreme ju-
business unless in the supreme judicial court the presiding justice peHolco^ts'
and in the superior court the presiding justice or the district
attorney in writing requires the sheriff to procure the attendance
for the whole or a portion of such sitting of an additional number.
Not more than six deputy sheriffs, court officers or constables
shall receive compensation for attendance upon any criminal
sitting of the superior court for criminal business unless the dis-
trict attorney in writing requires the sheriff to procure the at-
tendance for the whole or a portion of such sitting of an additional
number.

Section 2. Section seventy-two of said chapter two hundred ^^J^^j^g-j- ^ "^^^
and twenty-one is hereby amended by adding at the end thereof
the following : — In Suffolk county officers in attendance upon
the supreme judicial court or upon the superior court may be
interchanged or transferred from either of said courts to the
other court by the sheriff, with the approval, in each instance,
of the chief justice of the court to which the transfer is proposed
to be made, — so as to read as follows : — Section 12. Officers ^°"^'"^\°^'jfj[^3
appointed as court officers to attend upon the sessions of the upon supreme
supreme judicial or superior court in any county, including periorrourtr
chief deputies and the chief court officer in Worcester county term of office,
designated under the preceding section, shall hold office during
good behavior and until they are removed by the sheriff of the
county for which they were appointed, for cause approved by
the justices of the court for attendance upon which they were
appointed. Court officers appointed to attend upon both of said
courts may be removed for cause approved by the justices of
either of said courts. In Suffolk county officers in attendance interchange or
upon the supreme judicial court or upon the superior court may suffoik^county.
be interchanged or transferred from either of said courts to the
other court by the sheriff, with the approval, in each instance,
of the chief justice of the court to which the transfer is proposed
to be made.

416

Acts, 1923. — Chaps. 408, 409.

G. L. 32,
amended.

Pensions for
court officers
of supreme ju-
dicial or su-
perior courts.

Section 3. Section sixty-six of chapter thirty-two of the
General Laws is hereby amended by striking out, in the seventh
Une, the word "therein" and inserting in place thereof the
words : — in either or both of said courts, — and by striking
out, in the ninth Une, the word "court" and inserting in place
thereof the word : — courts, — so as to read as follows : — Sec-
tion 66. Any court officer of the supreme judicial or superior
court who, in the judgment of the sheriff of his county, is disabled
for useful service in either of said courts, and who is certified by
a physician, designated by the sheriff, to be permanently in-
capacitated, either mentally or physically, by injuries sustained
through no fault of his own, in the actual performance of his
duty in said court, and any court officer of either of said courts
who has performed faithful service in either or both of said
courts for not less than twenty years, and who in the judgment
of the sheriff of his county is incapacitated for further service in
said courts, shall, if the sheriff so requests, with the approval of
a majority of the justices of the court in which he serves, be
retired, and shall annually receive a pension equal to one half
of the compensation received by him at the time of his retire-
ment. Approved May 17, 1923.

C hap. 40S An Act establishing an unpaid special commission to

PROVIDE FOR the PREPARATION OF A SUITABLE HISTORY OF

Massachusetts' part in the world war.
Be it enacted, etc., as follows:

Section 1. The adjutant general, the secretary of the com-
monwealth and the state librarian are hereby appointed a special
commission to have general supervision of the compiling, editing
and writing of a fitting chronicle of Massachusetts' part in the
World War.

Section 2. Said commission is authorized to appoint an
official historian and to engage such clerical assistance as may
be required for carrying out the purposes of this act.

Section 3. Said commission shall submit a final report,
together with the manuscript of such history, to the governor
and council on or before January first, nineteen hundred and
twenty-seven.

Section 4. For the purpose of meeting the expenditures
authorized by this act, the said commission may expend such
sums, not exceeding fifteen thousand dollars in the aggregate,
as the general court may from time to time appropriate.

Approved May 17, 1923.

Special com-
mission to pro-
vide for his-
tory of Massa-
chusetts' part
in World War.

May appoint
official his-
torian, etc.

Report to gov-
ernor and coun-
cil.

Expenditures
authorized.

C/iap. 409 An Act to provide for the recognition of the historic

IMPORTANCE OF THE CITY OF GLOUCESTER.

Be it enacted, etc., as follows:
City of 'pi^e f,[iy of Gloucester, for the purpose of commemorating the

Gloucester may iiii • i. • ^ iipi

erect a me- three hundredth anniversary or its settlement and the louncla-
biematfc'afof tiou therein of the cod fishing industries, may erect a memorial

fish industries.

Acts, 1923. — Chap. 410. 417

emblematical of sucli fish industries. Upon approval of tiie
plans and the estimates of the cost of such memorial by the
governor and council, there may be paid out of the treasury of ^t^t"'*'"^ ^^
the commonwealth to said city such sum, not exceeding ten
thousand dollars, as may be appropriated therefor.

Approved Maxj 17, 1923.

An Act PROvibiNG retirement allowances based on an- fh^j^ 41 n

NUITY and pension CONTRIBUTIONS FOR EMPLOYEES OF THE ^'

CITY OF WORCESTER.

Be it enacted, etc., as follows:

Section 1 . This act shall be known as the Worcester retire- Worcester re-
ment act, and its purpose is to improve the efficiency of the purpo'se! etc'
public service by the retirement of disabled or superannuated
employees.

Section 2. The following words and phrases as used in this Definitions,
act, unless a different meaning is plainly required by the con-
text, shall have the following meanings:

(a) "Retirement system" shall mean the arrangement pro- "Retirement
vided in this act for the retirement of and payment of retirement ^y^^*^"^-"
allowances to employees as defined in paragraph (6) of this
section.

(6) "Employee" shall mean any person elected or appointed "Employee."
by municipal authority, who is permanently and regularly em-
ployed in the direct service of the city of Worcester and whose
principal employment is in such service, except teachers in the
public schools as defined by section six of chapter thirty-two of
the General Laws.

(c) "Prior service" shall mean service rendered as an em- " Prior ^
ployee prior to the date when the retirement system first becomes •''®'"^'"''' •
operative.

(d) "Member" shall mean any employee included in the re- "Member".
tirement system as provided in section five.

(e) "New entrant" shall mean any person becoming an em- "New
ployee on or after the date when the retirement system first ""♦r^"'^"-
becomes operative, and any person who becomes a member at

or after the expiration of one year from said date.

(/) "Accumulated deductions" shall mean the sum of all the "Accumulated
amounts deducted from the compensation of a member and 'ipJ>i<'tion.s".
standing to his credit in the annuity savings fund, together with
regular interest thereon.

(g) "Annuity" shall mean the annual payments for Hfe de- -Annuity".
rived from the accumulated deductions of a member.

(h) "Pension" shall mean the annual payments for life de- "Pension".
rived from contributions made by the city.

(i) "Retirement allowance" shall mean the sum of the annual "Regular
annuity and pension payments. allowance".

(j) "Regular compensation" shall mean the compensation de- -Regular
termined by the head of the department for the individual compen.sation".
service of each employee in that department and the compen-
sation, determined by duly constituted authority, for elective
and appointive officers of the city.

418

Acts, 1923. — Chap. 410.

" Regular
interest".

" Operative
date".

Worcester Re-
tirement Sys-
tem, when to
be estab-
lished, etc.
Board of re-
tirement, mem-
bership, terms
of office, etc.

Vacancies.

To serve v\ ith-
out compen-
sation.

Reimburseir.er.t
for certain ex-
pen.ses, etc.

Clerical a.ssist-
ance, etc.

Funds to ad-
minister sys-
tem, how de-
rived.

Board to sul>
mit estimate of
costs, etc.

Membership in
retirement
system .

(k) "Regular interest" shall mean interest at four per centum
per annum compounded annually.

(/) "Operative date" shall mean the date when the retire-
ment system first becomes operative under section thirty.

Section 3. The retirement system shall be established and
become operative as provided in section thirty, and the system
shall be known as the Worcester Retirement System.

Section 4. (1) The management of the retirement system
is hereby vested in the board of retirement, consisting of three
members, one of whom shall be the city treasurer, ex officio,
who shall be chairman; a second member who shall be a mem-
ber of the retirement system elected for three years by the mem-
bers within sixty days after the operative date of the retirement
system; a third member shall be chosen by the other two mem-
bers. In case of the failure of the latter to choose the third mem-
ber within thirty days after the election of the second member,
the mayor shall appoint the third member. The first person so
chosen or appointed as third member shall serve for one year;
otherwise and thereafter the term of oflfice of the second and
third members shall be four years. On a ^'acancy occurring in
the office of second or third member for any cause or on the ex-
piration of the term of office of any such member, a successor of
the person whose place has become vacant or Avhose term has
expired shall be chosen in the same manner as his predecessor.

(2) The members of the board of retirement shall serve
without compensation; but they shall be reimbursed by the
city for any expense or loss of salarj^ or wages which they may
incur through service on the board. All claims for reimburse-
ment on this account shall be subject to the approval of the
mayor and city council.

The retirement board shall employ such actuarial, clerical and
other assistants as may be necessary for the proper operation
of the system established by this act. The funds to meet the
cost of administering the retirement system established by this
act shall be derived from appropriations of the city of Worcester
within the tax limit. The retirement board shall, like other de-
partments of the city, submit an estimate of such costs to the
mayor not later than January' first of each year.

Section 5. All persons who are emplo^^ees on the operative
date of this retirement system may become members of the
system. Every employee in service on said date, except an em-
ployee then covered by any other pension or retirement law of
this commonwealth, shall, on the expiration of sLxty days from
said date, be considered to have become a member of this retire-
ment system unless w^ithin that period he shall have sent notice
in writing to the retirement board that he does not wish to join
the system. Employees declining to join this retirement system
within sixty days from the operative date of the retirement
system may thereafter be admitted to membership, but no em-
ployee shall receive credit for prior service unless he applies for
membership or becomes a member of the retirement system
within one year from the operative date of the retirement system.

Acts, 1923. — Chap. 410. 419

An eniplo\ee who is covered by any other pension or retire- Employees
ment law of the connnonwealth on the operative date of this IJthorpenJion
retirement system shall not be considered to have become a "r retirement
member of this retirement system unless said employee shall
then or thereafter make written application to join this system
and shall therein waive and renounce all benefits of any other
pension or retirement system supported wholly by the city of
Worcester, but no such employee shall receive credit for prior
ser\'ice unless he makes such application for membership within
one year from the operative date of this system. If such an
employee does not make such application and waive and renounce
such benefits, he shall retain and enjoy said benefits without
diminution or impairment.

All persons who become employees after the operative date Persons be-
of this system shall as a part of their employment become mem- pWe"^! after
bers of this retirement system and shall receive no other pension operative date
or retirement allowance from the city of Worcester. men?beM%tc.

Section 6. The funds hereby created are the annuity savings creation of
fund, the pension accumulation fund and the retirement reserve certain funds.
fund.

The annuity savings fund shall be the fund to which shall be Annuity sav-
paid the deductions from the compensation of members. The '"g^fund.
treasurer of the city of Worcester shall withhold five per cent of
the regular compensation due on each pay day to all emploj^ees
who are members of this retirement system, provided that em- Proviso.
ployees who receive more than forty dollars weekly in compen-
sation shall not be assessed for contribution to this fund on the
excess above that amount. No member shall pay further de- Members not
ductions from his compensation after the total sum of deductions dlductions^^'^
paid by him shall have amounted, with interest credited thereto, f^om compen-
to a sum sufficient to purchase under section fifteen (1) (a) an ^'* ' ' "^
annuity of five hundred dollars at age sixty, and interest there-
after accruing shall be paid to the member on his retiring. If Payment to

,1 ixijjx* i» 1 ,>iii member in case

the accumulated deductions of any employee retired hereunder of excessive
exceed the amount required to provide an annuity equal to one aedu^^ns^^
fourth of the average annual rate of compensation of such em- from compen-
ployee during the last five years prior to his retirement or resig-
nation or dismissal as provided in paragraph (2) of section ten,
the excess above that amount shall be paid to such employee in
a lump sum with the first monthly payment on the account of
his retirement allowance. The amounts so withheld shall be Disposition of
transferred immediately thereafter to the retirement board and hSd^from"^^*^"
credited to the account of each member so contributing, and members'
shall be paid into and become a part of said annuity savings
fund.

The pension accumulation fund shall be the fund in which Pension ac-
shall be accumulated the annual contributions which shall be fu'^'! ^ '°"
made by the city. These annual contributions shall be such as
shall be determined by actuarial computations on the basis of
mortality and service tables approved by the retirement board
as necessary to provide all pension payments on account of mem-
bers of the retirement system, and shall be paid by the treasurer

420

Acts, 1923. — Chap. 410.

NoriDal con-
tribution.

Accumulated
liability con-
tribution.

Retirement re-
serve fund.

Payments from
annuity sav-
ings fund.

From retire-
ment reserve
fund.

From pension
accumulation
fund.

Allowance of
interest, etc.

T^se of excess
earnings.

Payment of
deficiency.

Retirement for
superannua-
tion at age of
sixty.

of the city of Worcester to the retirement board in such instal-
ments and at such times as the retirement board shall require.
These annual contributions shall consist of a normal and an
accumulated liability contribution.

The normal contribution shall be equal to such per centum of
the annual compensation of all members as is computed to be
sufficient to provide during the active service of the average
new entrant for all pensions for which the city may be liable on
his account.

The accumulated liability contribution shall be computed as
a constant percentage of the total pay roll of all members, and
shall be sufficient to provide during the thirty year period imme-
diately following the operative date of this system for all pensions
to be paid on account of members who are entitled to credit for
prior service on said operative date, which are not provided by
the normal contributions made on their account. The accumu-
lated liability contributions shall be at least equal to regular
interest on the amount of the accumulated liability and shall be
at least three per cent greater in amount each year than the
amount for the preceding year. The accumulated liability con-
tributions shall be discontinued as soon as the accumulated
liability has been liquidated.

The retirement reserve fund shall be the fund to which, upon
the retirement of any member, shall be transferred

(a) From the annuity savings fund the accumulated deduc-
tions of the member, and

(b) From the pension accumulation fund an amount equal to
his accumulated deductions, and

(c) From the pension accumulation fund in the case of the
retirement of a new entrant an amount sufficient to provide the
pension payable on his account not covered by paragraph (b).

Section 7. From the annuity savings fund shall be paid
the accumulated deductions of all members leaving the service,
except by retirement.

From the retirement reserve fund shall be paid all annuities
and all pensions equal to the annuities and, in the case of new
entrants, all pensions payable on their account.

From the pension accumulation fund shall be paid, in case of
members who are entitled to credit for prior service, all pensions
payable on their account which are not payable from the retire-
ment reserve fund.

Section 8. The retirement board shall annually allow regular
interest on the average balance for the preceding year to the
credit of the various funds from the interest and dividends
earned from investments. Any excess earnings over the amount
so credited shall be used in reducing the amount of contributions
required of the city of Worcester during the ensuing year. Any
deficiency shall be paid by the city of Worcester during the
ensuing year.

Section 9. A member of this retirement S3^stem who shall
have attained age sixty shall upon his own application be retired
for superannuation within thirty days after the filing of such
application, or he may upon the application of the head of his

Acts, 1923. — Chap. 410. 421

department be retired for superannuation by the retirement
board. A member whose retirement is apphed for by the head Notueand
of his department shall be entitled to a notice of such application ®^""^-
and to a hearing before the retirement board; provided, that Proviso.
he requests such hearing in writing within ten days of the receipt
of such notice.

A member of this retirement system who shall have attained Retirement for
age seventy shall be retired for superannuation on the day fol- at age'o?"^*^'""
lowing his attainment of said age. seventy.

Section 10. (1) Upon retirement for superannuation a mem- Allowance
ber of the retirement system shall recei\'e a retirement allowance ^°Jl ^etire-

'' nient tor super-

COnSlStmg of: annuation.

(a) An annuity as provided in section fifteen which shall be Annuity.
the actuarial equivalent of his accumulated deductions at the

time of his retirement except as otherwise provided in the second
paragraph of section six, and

(b) A pension equal to the annuity, payable to him under (a) ^'^''^'o"-
of this section computed under paragraph (1) (a) of section
fifteen and

(c) If a member was an employee on the operative date of the Additional
retirement .system and became a member within one year there- p®"^'""-
after and has not since become a new entrant, an additional
pension computed under paragraph (1) (a) of section fifteen and
having an actuarial value equivalent to twice the contributions

which he would have made during his prior service had the
system then been in operation, together with regular interest
thereon.

(2) The sum of the accumulations applied to provide the Limit of
pensions under {h) and (c) of this section shall not exceed the cJmurations*^^
amount which at age sixty, and in accordance with paragraph ^rovide*^°n-
(1) (o) of section fifteen is sufficient to provide a total pension sions, etc.
of five hundred dollars; except, that in no case shall the sum of
the pensions hereunder exceed an amount which, when added
to the annual rate of annuity payable to the member if he had
chosen the annuity provided under paragraph (1) (a) of section
fifteen, would pro^•ide a total retirement allowance of one half j^remTnt"li-*
the average annual rate of his compensation during the five lowance.
years prior to retirement, or, if such member resigns or is dis-
missed prior to the date of retirement, during the five years prior
to such resignation or dismissal. For the purpose of determining
the maximum retirement allowance under this section, the rate
of compensation received by a member on the date immediately
preceding a period of absence without pay shall be u.sed as the
rate of pay which he would have received during such absence
without pay.

Section 11. Retirement for ordinary disability shall be Retirement for
made by the retirement board upon the application of the head abiiuy'!^ '^"^
of the department in which the member is employed or of the
member or a person acting in his behalf, stating that said member
is physically or mentally incapacitated for the performance of
duty and ought to be retired; provided, that said member has Proviso.
not attained age sixty and has had twenty or more years of city
service for the city of Worcester next preceding said application

ability
Annuity.

Pension.

sion.

422 Acts, 1923. — Chap. 410.

and that the medical board, after examination, shall report that
said member is physically or mentally incapacitated for the
performance of duty and that he should be retired.
ret^emerrt for"" SECTION 12. Upon retirement for Ordinary disability a mem-
ordinary dis- ber shall receive a retirement allowance consisting of:

(a) An annuity as provided in section fifteen which shall be
the actuarial equivalent of his accumulated deductions at the
time of his retirement except as otherwise provided in the second
paragraph of section six, and

(b) A pension equal to the annuity, payable to him under (a) of
this section computed under paragraph (1) (a) of section fifteen,
but not to exceed ninety per cent of the pension that would have
been provided at age sixty, and

Additional pen- (^^^ ^^ additional pcusiou of such an amount as would, when
added to the pension under (6) of this section, make up a total
pension of ninety per cent of the pension that would have been
provided by the city for the member had he remained without
further change of compensation in the service of the city until
he reached age sixty and retired.

S-ddentaf ^""^ SECTION 13. Retirement for accidental disability shall be

disability. made by the retirement board upon the application of the head

of the department in which the member is employed or, of the
member or of a person acting in his behalf, stating that said
member is physically or mentally incapacitated for the per-
formance of duty as the result of an accident occurring during
the performance and within the scope of his duty and, certifying
the time, place and conditions of such service performed by said
member resulting in such alleged disability, and that such
alleged disability was not the result of contributory negligence
on the part of said member and that he ought to be retired;

Proviso. provided, that the medical board after examination shall report

that said member is physically or mentally incapacitated for the
performance of duty as a natural and proximate result of an
accident occurring in the performance and within the scope of
his duty, and that such disability is not the result of contributory
negligence on the part of said member, and that said member
should be retired.

Allowance upon SECTION 14. Upon retirement for accidental disability a

rGtirGmGnt tor

accidental member shall receive a retirement allowance consisting of:

Ar^ft*^ (o) An annuity as provided in section fifteen which shall be

the actuarial equivalent of his accumulated deductions at the
time of his retirement except as otherwise provided in the second
paragraph of section six, and
^^"^'""- (6) A pension equal to the annuity payable to him under (a)

of this section computed under paragraph (1) (a) of section fif-
teen, and
pennon"'"' ('^) ^^^ additional pension of such an amount as will, when

added to the annuity and pension under (a) and (6) of this sec-
tion, provide a total annual rate of retirement allowance of one
half of the annual rate of regular compensation received by him
on the date of the accident.
Member en- SECTION 15. (1) With the Condition that no payment on

nuity may" accouut of any retirement allowance shall be made prior to the

Acts, 1923. —Chap. 410. 423

expiration of thirty (lavs from the date of retirement and that elect that it be

^- 1 1 .• ' 1 "ii 1 n- x- • 1 ]• payable in one

no optional election shall become eiiective in case a member dies of two forms.

within such time, a member entitled to an annuity, or if he be

an incompetent, then his wife, father or mother, or if he have

none such in the order named, a conser\ator, may not later than

thirty days after the date of retirement elect that the annuity

sliall be payable in one of the foliowino; forms:

(«) A life annuity, payable in monthly instalments.

(b) A life annuity of lesser amount payable in monthly in-
stalments, with the provision that if the annuitant dies before
receiving annuity payments equal to the amount used to purchase
the annuity, the difference shall be paid to his legal representa-
tive.

(2) When an election has not been made before the expiration Effect if eiec-
of thirty days after the date of retirement, the annuity shall be etc" "° '"'" *'
computed under form (o).

(3) Should a memljer die wdthin thirty days after the date of ^fembtrVL
retirement there shall be paid to his legal representative the within thirty
amount which would have been paid if the annuity had been tiremenr."^ '^'^
computed under paragraph (1) (h) of this section.

Section 16. Should a member cease to be an employee by Payment if

1.1 p , 1 , 1 J j^i member ceases

resignation or discharge or lor any reason other than death or to be employee
retirement, he shall be paid the amount of his accumulated de- o'therThiui
ductions, and his membership in the retirement system shall <ieath or re-
thereupon cease. Should a member die before retirement, his nn^mber
accumulated deductions shall be paid to his legal representative, dies before re-
Should there be due to the estate of a deceased member of the pajonent of
retirement system any sum of money payable from the funds money due to
of the system, the same shall be paid to his legal representative; ceased member.
provided, that if the sum so due does not exceed three hundred Proviso.
dollars, and there has been no demand therefor by a duly ap-
pointed executor or administrator, payment may be made, after
the expiration of three months from the date of the death of such
member, to the persons appearing, in the judgment of the re-
tirement board, to be entitled thereto, and such payment shall
be a bar to recovery by any other person.

Section 17. There shall be a medical board of three phy- Medical board,

„i 1111 j-i appomtment,

sicians, one ot whom shall be a surgeon, one a medical prac- terms, oom-
titioner and one a neurologist, appointed by the trustees of the ties!etc°"' "'
Worcester city hospital on nominations made by the senior
medical staff of said hospital, one of whom shall be appointed
for one year, one for two years, and one for three years, and
thereafter as the terms of office expire in each year one member
for tliree years. The compensation of the members of the
medical board shall be fixed by the retirement board, with the
approval of the mayor of the city of Worcester. The medical
board shall arrange for and pass upon all medical examinations
required under the pro^'isions of this act, and shall report in
writing to the retirement board its conclusions and recommenda-
tions thereon.

Section 18. Once each year the retirement board shall re- Annual medical

1 ^ . , . 1 c !• 1 •!• examination

quire every person under age sixty who was retired tor disability of persons
to submit to a medical examination to be made at a place "Jlfi^eTforTu*-

ability.

424

Acts, 1923. — Chap. 410.

Cessation of
disability, ces-
sation of retire-
ment allow-
ance, restora-
tion to service,
etc.

Retirement
Ijoard to pre-
pare and pub-
lish annual re-
port, etc.

To file copy of
financial state-
ment with
commissioner
of insurance.

Valuation of
bonds, etc.

City treasurer
to have cus-
tody of sys-
tem's funds,
etc.

designated by the medical board. Upon the completion of such
examination the medical board shall report and certify to the
retirement board whether said beneficiary is still incapacitated
physically or mentally for service in the department of the city
where he was employed and of the rank or rating held by him
when retired for disability.

If the medical board shall find that the disability for which
the member was retired has ceased, or if the member fails to
submit to said examination, his retirement allowance shall cease.
Should the disability for which a member was retired upon
application of the head of the department in which he was em-
ployed cease, he shall be restored to the department from which
he was retired at the same rank and salary which he had when
he was retired. Should the retirement allowance of any dis-
ability beneficiary be cancelled as provided in this section with-
out his restoration to service, the reserve on his pension in the
retirement reserve fund shall be transferred to the pension
accumulation fund, and the reserve on his annuity in the retire-
ment reserve fund shall be paid to him. Should a disability
beneficiary be restored to active service as provided in this sec-
tion, the reserve on his pension in the retirement reserve fund shall
be transferred to the pension accumulation fund, and the reserve
on his annuity in the retirement reserve fund shall be transferred
to his credit in the annuity savings fund, and he shall then
become again a member of the retirement system. When next
retired his retirement allowance shall be based upon his service
period preceding his first retirement, together with the service
period from the date of his restoration to city service to the date
of his final retirement.

Section 19. (1) The retirement board shall prepare and
publish an annual report, which shall also be printed in the city
document of the city of Worcester, showing the financial con-
dition of the funds created by this act on the thirty-first day of
the preceding December and the financial transactions of said
board for the year ending thereon and shall set forth in such
report such other facts, recommendations and data as may be
of value to the members of the retirement system and the city
of Worcester. The board shall also file annually on or before the
fifteenth day of February, in the office of the commissioner of
insurance, unless for cause shown the commissioner shall extend
the time, a sworn copy of the financial statement herein de-
scribed.

(2) The bonds and all other invested funds having a fixed
term and rate shall, if amply secured and not in default as to
principal or interest, be valued in the financial statement as fol-
lows: If purchased at par, at the par value; if purchased above
or below par, on the basis of the purchase price adjusted so as
to bring the value to par at maturity and so as to yield mean-
time the effective rate of interest at which the purchase was made.
Subject to the approval of the retirement board, the city treas-
urer shall have custody of the funds of the system and any and
all unappropriated income thereof, and shall invest and reinvest
the same, when not required for current disbursements, in ac-

Acts, 1923. — Chap. 410. 425

cordaiu-e with section tliirty-eight of chapter twenty-nine of the
General Laws.

(3) The retirement board shall collect and keep in convenient Board to coi-
form such data as shall be necessary for the preparation of the ^^''^ '^**^*' ^''''"
mortality and ser\ice table and for the compilation of such other
information as shall be necessary for the actuarial valuation of

the assets and liabilities of the system.

(4) In the five year period beginning with the year in which Actuarial in-
the retirement system first becomes operative and in every five vaiuat1on"o*f'
3^ear period thereafter the actuary shall make an actuarial in- j^^sets and
vestigation into the mortality, service and compensation ex- funds, etc.
perience of the members and beneficiaries of the system, and

shall make a valuation of the assets and liabilities of the funds,
and taking into account the result of such investigation the
retirement board shall:

(a) Adopt for the system such mortality, service and other To adopt mor-
tables as shall be deemed necessar}', and tabled' ^^'^"

(6) Certify the rates of contribution payable by the city of To certify
Worcester under the provisions of this act. , rat"eTpa"ylbie

(5) On or before the operative date of the retirement system by Worcester.
the actuary shall recommend to the retirement board appropriate ^commend
tables for use as a basis for making actuarial calculations pre- tables for ac-
liminary to the preparation of tables based on the experience of iat1ons,*'etc"'
members after the retirement system becomes operative.

(6) By the use of the mortality and service tables which shall To prepare
be adopted from time to time, the actuary shall prepare annually .system's aLets
a valuation of the assets and liabilities of the retirement system ^""^ liabilities.
for publication in the annual report.

Section 20. The retirement board may make such rules and ^^''<jS and
regulations consistent with the terms of this act as it may deem °" ^ '°"^'
necessary to carry out the provisions of this act.

Section 21. Pensions and annuities under the provisions of Pensions and
this act shall be payable in equal monthly instalments computed abfe^/n mo'Shiy
at the nearest multiple of twelve. instalments.

Section 22. The pensions, annuities and retirement allow- Exemption
ances and the accumulated deductions and the cash and securities iTC^utfo^ns'l"-
in the funds created by this act are hereby exempted from any tachments! etc.
state or municipal tax, and shall not be subject to executions or
attachments by trustee process or otherwise, in law or in equity,
or under any other process whatsoever, and shall be non-assign-
able except as specifically provided in this act.

Section 23. The retirement board shall estimate the aggre- Estimate of
gate amount to be paid by the city of Worcester to the various p™d"by dty^of
funds created under the provisions of the act for each fiscal year Worcester.
of the city of Worcester, and shall suf)mit said estimate to the
mayor of the city of ^^'orcester not later than January first in
each year.

Section 24. The amounts necessary to pay the contribu- Said amount
tions of the city of Worcester to the various funds created under taxation^^*^ ^^
the provisions of this act shall be obtained from funds raised by
taxation.

Section 25. No person who was a member of the retire- Pensioners not
ment system and who receives a retirement allowance under the services to dty

426

Acts, 1923. — Chap. 410.

of Worcester,
except, etc.

Supervision by
commissioner
of insurance.

C'/ommissioner
to have access
to books, may
summon and
examine per-
sons, etc.

To report to
retirement
board and
city council.

Violations of
retirement law
or rules, notice,
etc.

Court en-
forcement of
law, etc.

Estimate of
length of serv-
ice, etc.

Rights as to
discharge, etc.,
of employees
not affected.

Inconsistent
acts repealed.
Certain retire-
ment laws not
affected.

Provisions of
act may be
altered or
amended, etc.

retirement system shall be paid for any service, except service
as a juror, and such service as he may be called upon to perform
in the police or fire department in a time of public emergency,
rendered by him to the city of Worcester after the date of the
first payment of such retirement allowance.

Section 26. (1) The commissioner of insurance or his agent
shall at least once every year thoroughly inspect and examine
the affairs of the retirement association or system to ascertain
its financial condition, its ability to fulfil its obligations, whether
all the parties in interest have complied with the laws applicable
thereto, and whether the transactions of the retirement board
have been in accordance with the rights and equities of those in
interest. He shall also prescribe and supervise the method of
bookkeeping of the retirement system and shall approve all of
the actuarial work and mortality tables used in connection
therewith.

(2) For the purposes aforesaid, the commissioner or his agent
shall have access to all the securities, books and papers of the
retirenient system, and may summon and administer oath to
and examine any person relative to the financial affairs, trans-
actions and condition of the retirement system. The commis-
sioner shall preserve in a permanent form a full record of the
proceedings at such examination and the results thereof. Upon
the completion of such examination, verification and valuation,
the commissioner shall make a report in writing of his findings
to the board and to the city council of Worcester.

(3) If, in the judgment of the commissioner of insurance, the
retirement board or the city of Worcester has violated or neg-
lected to comply with any provision of this act or of the rules
and regulations established thereunder, he shall give notice
thereof to the mayor and city council and to the retirement
board, and thereafter, if such violation or neglect on the part
of the board or city continues, shall petition to the supreme
judicial or superior court to compel the observance and to re-
strain the violation of an}' such provision. The said courts shall
have jurisdiction in equity of such a petition and shall have like
jurisdiction in equity upon the petition of the retirement board
or any interested party.

Section 27. If it is impracticable for the retirement board
to determine the exact length of service or amount of salary,
pay or compensation of any member, the same shall be estimated
by the retirement board.

Section 28. Nothing contained in this act shall affect the
right or power of the citv of Worcester or its officials, in regard
to demotion, transfer, suspension or discharge of any employee.

Section 29. All acts or parts of acts inconsistent herewith
are hereby repealed. Nothing herein contained shall be con-
strued as affecting the provisions of sections forty-nine to sixty,
inclusive, of chapter thirty-two of the General Laws.

The provisions of this act may be altered or amended from
time to time, and all such alterations and amendments shall,
upon their taking effect, become l>inding upon the city of Worces-
ter and the employees who have previously become subject to

Acts, 1923. — Chaps. 411, 412. 427

said act, aiul all contractual rights (Mitt'rcd into by and between

the city and the on)i)loyecs thereof hereunder shall be deemed

to have been entered into subject to being subsequently affected

by such alterations or amendments; provided, that no such Proviso.

alterations or amendments shall affect the rights of employees

under section sixteen with reference to deposits previously made,

or reduce the amount of any retirement allowance then payable.

Section 30. Whenever this act has been accepted b}^ the to be sub-
city coimcil and the mayor of the city of "Worcester, the follow- voters' upon
ing question shall then be placed upon the ballot and submitted acceptance by
to the voters of the city at the next ensuing municipal election : and mayor.
"Shall an act passed by the general court in the year nineteen
hundred and twenty-three entitled 'An Act providing retire-
ment allowances based on annuity and pension contributions
for employees of the city of Worcester ' which has been accepted
by the city council and mayor of said city, be accepted?"

If accepted by said voters the city clerk shall, within thirty Certificate to
days file a certificate to that effect in the office of the commis- missioner of"
sioner of insurance. Said commissioner shall forthwith issue a insurance if
certificate that the retirement system is declared established in votere^ ^
said city, to become operative on the first day of February or
the first day of August following the expiration of three months
after the date of the certificate. Approved May 17, 1923.

An Act directing the election commissioners of the (^hnj) 41 1

CITY OF LOWELL TO DIVIDE THE CITY INTO WARDS.

Be it enacted, etc., as follows:

Section 1. In the year nineteen hundred and twenty-four, Election com-
and every tenth year thereafter, the election commissioners of chToTLow^n
the city of Lowell shall make a re-division of the territory of to divide city
said city into such number of wards, not less than nine nor more
than eleven, as said commissioners shall determine. Such re-
division shall otherwise be made in accordance with the pro-
A'isions of chapter fifty-four of the General Laws, so far as the
same are not inconsistent herewith.

Section 2. So much of section two of chapter three hundred Repeal.
and eighty-three of the acts of nineteen hundred and twenty-one
as is inconsistent herewith is hereby repealed.

Approved May 17, 1923.

An Act authorizing the abatement of certain taxes on nhn^ 41 o

REAL ESTATE TO BE USED BY THE WILBUR COMEAU POST,
NO. 4, INC., OF THE AMERICAN LEGION AS ITS HEAD-
QUARTERS.

Be it enacted, etc., as follows:

The assessors of the city of Haverhill may abate certain taxes Abatement of
assessed for the year nineteen hundred and twenty -three to certain taxes
Clara L. Hunking and Sarah S. Cheney upon so much of a to be used by
certain parcel of real property in said cit}', situated on the poit.^No.X'^^"
westerlv side of Main street in said city and now numbered one \"'=- ?f The

•^ American

Legion.

428 Acts, 1923. —Chaps. 413, 414.

hundred and sixty on said street, as shall be used by the Wilbur
Comeau Post, No. 4, Inc., of The American Legion as its head-
quarters. Approved May 17, 1923.

ChapAlZ An Act relative to the qualifications and exemptions

OF JURORS.

Be it enacted, etc., as follows:
G. L 234, § 1, Section 1. Section one of chapter two hundred and thirtv-

amended. i. i /-. it • i i i i i m •

tour 01 the (jeneral Laws is hereby amended by stnkmg out, m
the fourteenth and fifteenth lines, the words " cashiers of incor-
porated banks; constant ferrymen;" and by striking out, in
the sixteenth and seventeenth lines, the words "members of
the Ancient and Honorable Artillery Company;" so as to read
Qualifications as foUows : — Section 1 . A person qualified to vote for repre-
o"j*urors"'^*'°"^ scntativcs to the general court shall be liable to serve as a juror,
except that the following persons shall be exempt:

The governor; lieutenant governor; members of the council;
state secretary; members and officers of the senate and house of
representatives during a session of the general court; judges and
justices of a court; county and associate commissioners; clerks
of courts and assistant clerks and all regularly appointed officers
of the courts of the United States and of the commonwealth;
registers of probate and insolvency; registers of deeds; sheriffs
and their deputies; constables; marshals of the United States
and their deputies, and all other officers of the United States;
attorneys at law; settled ministers of the gospel; officers of
colleges; preceptors and teachers of incorporated academies;
registered practicing physicians and surgeons; persons over
sixty-fiv^e years of age; members of the volunteer militia; super-
intendents, officers and assistants employed in or about a state
hospital, insane hospital, jail, house of correction, state industrial
school or state prison; keepers of lighthouses; conductors and
engine drivers of railroad trains; teachers in public schools;
enginemen and members of the fire department of Boston, and
of other cities and towns in which such exemption has been
made by vote of the city council or the inhabitants of the town,
respectively.
G.L 33, §72, Section 2. Section seventy-two of chapter thirty-three of
the General Laws is hereby amended by striking out the last
two sentences. Approved May 17, 1923.

ChaT)A14: A^ ^^^ amending the ACT ESTABLISHING DEERFIELD ACADEMY

IN THE TOWN OF DEERFIELD.

Emergency WkerecLs, Delay in the taking effect of this act would defeat

its purpose to enable Deerfield Academy to receive certain gifts,
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:

Laws and Re- Scction 2D of chapter sixty -two of the Laws and Resolves of
chusetts 1796," Massacliusctts of tlic year seventeen hundred and ninety-six is

preamble.

Acts, 1923. —Chaps. 415, 41G. 429

hereby amended hy striking out, in the fifth and sixth Unes, the g2, § 2D
following " , & whereof the annual income shall not exceed the "'""" *'
sum of two thousand Dollars, in Silver ", — so as to read as
follows: — Sect. 2D. And be it further enacted, that the Trustees Trustee of •! n
of said Academy, in their said capacity, are, & shall be capable Academy, may
in Law to take & receive bv gift, grant, bargain, devise or other- ^"'/^ ''f '' • 'i^'^'

^1 T?io irn ** " personal

Wise, lands, tenements, or other estate, Keal oc personal; io estate.
have & to hold the same for the sole trust & purpose of support-
ing an Academ\' in said Town of Deerfield, for the promotion of
Piety, Religion & Morality, & for the Education of Youth in the
liberal Arts & Sciences, & all other useful Learning, according
to the requisition of any gift or bequest, which shall be made to
the said Corporation, or as the Trustees for the time being,
shall direct & ordain; and the said Corporation shall have full
power & authority to Lease & manage their Lands, Tenements
& all other Estate, & to bargain, sell & dispose thereof, where
they shall not be restrained by the terms of any gift or devise;
Provided, that for the sale of any Real Estate the property of Proviso.
said Corporation, the concurrence of two thirds of all the
Trustees, for the time being, shall be requisite; And all Deeds
or Contracts sealed with the common Seal of the said Corpora-
tion & signed by any officer thereof, or any Trustee, pursuant
to their order shall be valid & effectual in Law to all intents.

Approved May 18, 1923.

An Act authorizing the town of orange to borrow money nhn^j 41 5

FOR SCHOOL PURPOSES. "'

Be it enacted, etc., as follows:

Section L For the purpose of constructing a new high Town of
school building or additions to school buildings where such bomw money
additions increase the floor space, and for the purpose of original ^°J/o^e°'
equipment and furnishings for said building or additions, the
town of Orange may borrow from time to time such sums as
may be necessary, not exceeding, in the aggregate, one hundred
thousand dollars, and may issue bonds or notes therefor, which
shall bear on their face the words, Orange School Loan, Act of £oan%ct^T^
1923. Each authorized issue shall constitute a separate loan. 1923.''
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 May 18, 1923.

C/iap.416

An Act authorizing the town of Chatham to incur in-
debtedness FOR SCHOOLHOUSE AND OTHER MUNICIPAL PUR-
POSES.

Be it enacted, etc., as follows:

Section 1 . For the purpose of acquiring land for a school ^aiu'in ^ ^^^^'
and for other municipal purposes, and of relocating, remodelling borrow money
and reconstructing the present high school building and con- houleand
structing additions thereto, said additions to increase the floor ^^Y^ munici-

o ' pal purposea.

430

Acts, 1923. — Chaps. 417, 418.

space of said building, and of constructing a new building for
a school, for town office accommodations, for an auditorium
and for other municipal purposes, or for any of said purposes,
and for the purpose of originally equipping and furnishing said
buildings or additions, the town of Chatham may borrow from
time to time such sums as may be necessary, not exceeding, in
the aggregate, one hundred thousand dollars, and may issue
bonds or notes therefor, which shall bear on their face the words,
Chatham School and Municipal Loan, Act of 1923. Each au-
thorized issue shall Constitute a separate loan, and such loans
shall be payable in not more than twenty 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.

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

Approved May IS, 1923.

Chap AVI An Act authorizing the town of Hudson to borrow money

FOR SCHOOL PURPOSES.

Chatham
School and
Municipal
Loan, Act of
1923.

Be it enacted, etc., as follows:

Town of Hud-
son may bor-
row money for
school pur-
poses.

Section 1. For the purpose of constructing a new high

school building and for the original equipment and furnishing

of said building, the town of Hudson 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

Hudson School words, Hudson School Loan, Act of 1923. Each authorized

1923?' ^^° issue shall constitute a separate loan. 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 May IS, 1923.

ChaV.4:lS ^^ -^^"^ PROVIDING FOR THE COMPLETION OF A STATE HIGHWAY

IN THE TOWN OF HINGHAM.

Be it enacted, etc., as follows:

Section 1 . For the purpose of completing the state highway
in the town of Hingham as authorized by chapter two hundred
and thirteen of the General Acts of nineteen hundred and six-
teen, and in accordance with the provisions thereof except as
provided in this act, the division of highways of the department
of public works is hereby authorized and directed to expend
during the years nineteen hundred and twenty-three and nine-
teen hundred and twenty-four such additional sums, not exceed-
ing one hundred and fifty thousand dollars, as may be required,
payable out of such funds as may be available for the construc-
tion of state highways by said division.

Section 2. The total amount to be assessed against the
town of Hingham under this act and said chapter two hundred
and thirteen shall not exceed the sum of one hundred thousand
dollars. Approved May 18, 1923.

Division of
highways to
expend addi-
tional sums for
completion of
state highway
in town of
Hingham.

Assessment
against town of
Hingham
limited.

Acts, 1923. —Chaps. 419, 420. 431

An Act authorizing the city of holyoke to use certain Chav 419

PARK L.\ND FOR THE PURPOSE OF LAYING OUT A PUBLIC STREET
AND EXTENDING HIGH STREET.

Be it enacted, etc., as follows:

Section 1. The city of Holyoke upon obtaining the consent City of
of its parks and recreation commission may use the following i^se'certaini"*^
described land, which is now held for park purposes by the said park land for
city and which is a part of Elmwood Park, for the purpose of pubUo street
laying out a public street and extending High street in said city. High street'"^
The land necessary for the extension of the said High street is
bounded and described substantially as follows: Beginning at
a point, said point being the intersection of the so-called easterly
side of High street and the so-called westerly side of Norfolk
street, thence running northwesterly seventy feet at a right
angle to said High street to a point; thence running south-
westerly two hundred thirty-two and thirty-six one hundredths
feet along a curve of nine hundred and forty-one feet radius to
a point on the easterly side of Ross avenue; thence southerly
seventy feet along Ross avenue to a point; thence northeasterly
two hundred forty-two and three tenths feet along a one thou-
sand and eleven feet radius curve to the point of beginning, con-
taining sixteen thousand five hundred and ninety square feet,
more or less.

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 provisions fitted to city
of its charter; provided, that such acceptance occurs prior to Proviso.
July first in the current year. So much of this act as authorizes
its acceptance by said city council shall take effect upon its
passage. Approved May 18, 1923.

An Act authorizing the county of dukes county to incur fhr,^ AOf\
indebtedness for highway purposes. ^'

Be it enacted, etc., as follows:

Section 1 . For the purpose of paying its proportion of the Dukes County
cost of improving the highway between the towns of Edgartown "lone'^Tor^
and West Tisbury, the county treasurer of the county of Dukes highway pur-
County, with the approval of the county commissioners, 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 of the county therefor, which shall bear on
their face the words, Count}^ of Dukes, Highway Improvement County of
Loan, Act of 1923. Each authorized issue shall constitute a wayl'm^o^v^e'-
separate loan, and said loans shall be payable in not more than n^""'* i^oan,
ten years from their dates. Such bonds or notes shall be signed
by the treasurer of said county and countersigned by a majority
of the county commissioners. The county may sell the said
securities at public or private sale upon such terms and conditions
as the count\' commissioners may deem proper, but not for less
than their par value. Indebtedness incurred hereunder shall be
subject to chapter thirty-five of the General Laws.

432

Acts, 1923. —Chaps. 421, 422, 423.

To be sub-
mitted to
county com-
missioners.
Proviso.

Section 2. This act shall take effect upon its acceptance
by the county commissioners of the county of Dukes County;
provided, that such acceptance occurs prior to December thirty-
first in the current year. Approved May 18, 1923.

ChaV 421 ^^^ ^^^ RELATIVE TO THE LISTING BY ASSESSORS OF PROPERTY
WHICH IS EXEMPT FROM LOCAL TAXATION.

Be it enacted, etc., as follows:

Chapter fifty-nine of the General Laws is hereby amended by
striking out section fifty-one and inserting in place thereof the
following: — Section 51. The assessors shall enter upon the
valuation list, in the appropriate columns after the enumeration
of the persons and estates liable to taxation therein contained,
a statement and description of all the property and estate, with
the fair cash value thereof, which is exempted from taxation in
their respective towns pursuant to the provisions of the first
fifteen clauses of section five, or for the reason that it is OAvned
by a county, city, town or district and put to a public use, with
the names of the persons or corporations owning the same and
the purpose for which it is used, and with a reference to the law,
if any, by which such exemption is allowed.

Approved May 18, 1923.

G. L. 59, § 51,
amended.

Listing by as-
sessors of prop-
erty exempt
from local tax-
ation.

ChaV 422 ^^^ ^^'^ authorizing the SALE OF THE PROPERTY OF THE
CONWAY ELECTRIC STREET RAILWAY COMPANY.

Be it enacted, etc., as follows:

Conway Eiec- The Couway Electric Street Railway Company may sell its

way Company property upou such terms and conditions, approved by the de-

property^lte partmeut of public utilities, as may be agreed to by vote of its

board of directors and by vote of two thirds in interest of all

its shareholders. Approved May 18, 1923.

ChaV 423 ^^ ^^'^^ authorizing the county of BRISTOL TO PENSION
^' ELIZABETH J. DILLINGHAM.

County of
Bristol may
pension Eliza-
beth J. Dilling-
ham.

To be sub-
mitted to
county com-
missioners.
Proviso.

Be it enacted, etc., as folloivs:

Section 1. The county commissioners of the county of
Bristol shall, forthwith upon their acceptance of this act, retire
Elizabeth J. Dillingham, who has for twenty-nine years served
said county faithfully and efficiently as clerk in its southern
district registry of deeds, on an annuity not exceeding six hun-
dred dollars payable by said county.

Section 2. This act shall take effect upon its acceptance by
said county commissioners; provided, that such acceptance
occurs prior to December thirty-first in the current year.

Approved May 18, 1923.

Acts, 1923. — Chap. 424. 433

An Act relative to the taxation of business corpora- (Jfi^jj 424

TIONS. • ^'

Be it niactcd, etc., as foUoivs:

Section 1. Section thirty-two of chapter sixty-three of the g. l. 63, § 32,
General Laws is hereby amended by striking out, in the first ^■"^''^^'i-
and second Hnes, the words "thirty-three and thirty-four" and
inserting in place thereof the words: — thirty-four and thirty-
four A, — so as to read as follows: — Section 32. Except as Excise on cer-
otherwise provided in sections thirty-four and thirty-four A, bu^iifeTcor-''
every domestic business corporation shall pay annually, with porations.
respect to the carrying on or doing of business by it, an excise
equal to the sum of the following, provided that every such cor- Proviso.
poration shall pay annually a total excise not less in amount
than one twentieth of one per cent of the fair cash value of all
the shares constituting its capital stock on the first da}^ of April
when the return called for by section thirty-five is due:

(1) An amount equal to five dollars per thousand upon the
value of its corporate excess.

(2) An amount equal to two and one half per cent of that
part of its net income, as defined in this chapter, which is de-
rived from business carried on within the commonwealth.

Section 2. Said chapter sixty-three is hereby further g. p. 63, new
amended by inserting after section thirty-two the following new §''32!°'^ ^^^^^
section: — Section 32 A. Every domestic business corporation Excise on
deriving its profits principally from the ownership, sale, rental busine^'^cor-
or use of real estate or tangible personal property shall pay porations prin-
annually, with respect to the carrying on or doing of business in real estate
by it, a total excise under this chapter not less in amount than perso'ifarprop-
one twentieth of one per cent of said corporation's gross receipts ^rty.
from business assignable to this commonwealth as defined in
clause six of section thirty-eight.

Section 3. Section thirty-nine of said chapter sixty-three is g. l. 63, § 39,
hereby amended by inserting at the beginning thereof the fol- ^'"^"
lowing: — Except as otherwise provided herein or in section
thirty-nine B, — so as to read as follows : — Section 39. Except ^rtahi "foreign
as otherwdse provided herein or in section thirty-nine B, every corporations.
foreign corporation shall pay annually, with respect to the
carrying on or doing of business by it within the commonwealth,
an excise equal to the sum of the following, provided that every Proviso.
such corporation shall pay annually a total excise not less in
amount than one twentieth of one per cent of such proportion
of the fair cash value of all the shares constituting its capital
stock as the assets, both real and personal, employed in any
business within the commonwealth on April first following the
close of the taxable year, bear to the total assets of the corpora-
tion employed in business on said date:

(1) All amount equal to five dollars per thousand upon the
value of the corporate excess employed by it within the com-
monwealth.

(2) An amount equal to two and one half per cent of that
part of its net income, as defined in section thirty and in this

434

Acts, 1923. — Chap. 425.

Assessment in
case of two or
more foreign
corporations
filing consoli-
dated returns
of income to
federal gov-
ernment.

G. L. 63, new
section after
§ 39 B, etc.

Excise on
foreign cor-
porations prin-
cipally dealing
in real estate
or tangible
personal prop-
erty.

When to take
effect, etc.

section, which i.s derived from business carried on within the
commonwealth.

If two or more foreign corporations doing business in this com-
monwealth participated in the filing of a consolidated return of
income to the federal government, the tax under paragraph (2)
above may, at their option, be assessed upon their combined
net income, in which case the tax shall be assessed to all said
corporations and collected from any one or more of them.
Foreign corporations thus affiliated and doing business in this
commonwealth, which do not elect, under the foregoing pro-
vision, to be assessed upon their combined net income, and all
other foreign corporations doing business in this common-
wealth, which have filed with one or more corporations not
subject to this section a consolidated return of net income to
the federal government, shall each file with the commissioner,
as a part of the return required by this chapter, a statement of
net income in such form as he may prescribe, showing the
gross income and deductions in accordance with the law and
regulations governing the usual federal returns of corporations
not thus affiliated; and the net income thus shown, after making
deductions therefrom and additions thereto as provided in para-
graph five of section thirty, shall be the "net income" under
this chapter.

Section 4. Said chapter sixty-three is hereby further
amended by inserting after section thirty-nine B, inserted by
section two of chapter two hundred and fifty-four of the acts of
nineteen hundred and twenty-three, the following new sec-
tion:— Section 39C. Every foreign corporation deriving its
profits principally from the owmership, sale, rental or use of
real estate or tangible personal property shall pay annually,
with respect to the carrying on or doing of business by it, a total
excise under this chapter not less in amount than one twentieth
of one per cent of said corporation's gross receipts from business
assignable to this commonwealth as defined in clause six of
section thirty-eight.

Section 5. This act shall take efl'ect as of January first,
nineteen hundred and twenty-four, and shall apply to all taxes
assessed in the j'ear nineteen hundred and twenty-four and
thereafter. Approved May 18, 1923.

ChapA25 An Act permitting the sale of vegetable sausages.
Be it enacted, etc., as follows:

G. L. 94,
amended

H2, Section 1. Section one hundred and forty-two of chapter
ninety-four of the General Laws is hereby amended by inserting
after the word "cent" in the fourth line the words: — , except
as authorized by section one hundred and forty-three A, — so
Adulteration of as to read as follows: — Section l.[2. For the purposes of this
sausages, etc. ^^^ ^j^p following sectiou, sausage or sausage meat shall be
deemed to be adulterated:

First. If it contains any cereal or vegetable flour or any
product thereof in excess of two per cent, except as authorized
by section one hundred and forty-three A;

Acts, 1923. — Chap. 420. 435

Second. If it contains any coloring matter, or any substance
injurious or deleterious to health;

Tliird. If it contains water in excess of an amount sufficient to
make the product palatable and to facilitate mixing and placing
in casings;

Fourth. If it contains, except as casing, the organs of the
thoracic and abdominal cavities or any part thereof, except
hearts, tripe and liver;

Fifth. If it contains any diseased, contaminated, filthy or
decomposed substance; or if it is manufactured, in whole or in
part from, or contains a substance produced, stored, transported
or kept in a Avay or manner that would render the article diseased,
contaminated or unwholesome; or if it is the product of a dis-
eased animal or the product of any animal which has died other-
wise than by slaughter.

Section 2. Said chapter ninety-four is hereby further g. l. 94, new
amended by inserting after section one hundred and forty- f 143°° ^^*^''
three the following new section: — Section 143 A. Nothing in Saieofvege-
this chapter shall prevent the sale or the offering or exposing 'able sausages.
for sale of vegetable sausages as such, if such sausages contain
not less than twenty per cent of vegetables or vegetable products
and are otherwise made in conformity with the provisions of this
chapter; provided, that such sausages are sold, offered or ex- Proviso.
posed for sale under their own distinctive name.

Approved May 19, 1923.

An Act relative to minimum retirement allow^ances for fh^jj, AOf\
members of the boston retirement system retired for ^ ^'
superannuation.

Be it enacted, etc., as follows:

Section 1. Section ten of chapter five hundred and twenty- 1922,521, § 10,
one of the acts of nineteen hundred and twenty-two is hereby ^'"®"«ied.
amended by inserting after the word "thereon" in the thirteenth
line the word: — and,- — ^ and the following new paragraph: —
(0?) If the retirement allowance provided under the foregoing
clauses of this section for a member who has been an employee
for fifteen years or more would otherwise be less than four hun-
dred and eighty dollars a year, an additional pension sufficient
to make a total retirement allowance of four hundred and eighty
dollars a year, — -and by inserting after the word "not" in the
fourteenth line the words : — , except as provided in paragraph
(d), — so as to read as follows: — Section 10. Upon retirement Allowances
for superannuation a member of the retirement system shall m^en" for'super-
receive a retirement allowance consisting; of: annuation un-

. . . 1 • 1 1 11 1 "®^ Boston Re-

(a) An annuity which shall be the actuarial equivalent of his tirement Sys-
accumulated deductions at the time of his retirement, and *^"^'

(6) A pension equal to the annuity, and

(c) If a member was an emploj^ee at the time the system was
established and became a member within one year thereafter
and has not since become a new entrant, an additional pension
having an actuarial value equivalent to twice the contributions
which he would have made during his prior service had the system

436

Acts, 1923. — Chaps. 427, 428.

Maximum
pension.

To be sub-
mitted to
mayor and city
council.
Proviso.

then been in operation, togetlier with regular interest thereon
and

(d) If the retirement allowance provided under the foregoing
clauses of this section for a member who has been an employee
for fifteen years or more would otherwise be less than four hun-
dred and eighty dollars a year, an additional pension sufficient
to make a total retirement allowance of four hundred and eighty
dollars a year.

The total pension of any member payable under the provisions
of this section shall not, except as provided in paragraph (d),
exceed one half of the average annual compensation received by
him during the five years immediately preceding his retirement.

Section 2. This act shall take effect upon its acceptance by
the mayor and city council of the city of Boston; provided, that
such acceptance occurs prior to December thirty-first in the
current year. Approved May 19, 1923.

ChavA27 ^^ ^^t to fix the salaries of certain members of the

METROPOLITAN DISTRICT COMMISSION.

G. L. 28, § 2,
amended.

Metropolitan

district

commission,

salaries of

associate

commissioners.

Be it enacted, etc., as foUoivs:

Section two of chapter twenty-eight of the General Laws is
hereby amended by striking out, in the third line, the words
"one thousand" and inserting in place thereof the words: —
twenty -five hundred, — so as to read as follows: — Section 2.
The commissioner shall receive such salary, not exceeding six
thousand dollars, and each associate commissioner such salary,
not exceeding twenty-five hundred dollars, as the governor and
council determine.

{The foregoing was laid before the governor on the fourteenth
day of May, 1923, and after five days it had "the force of a law",
as prescribed by the constitution, as it was not returned by him
with his objections thereto toithin that time.)

Chap. 42S ^^ ^C'T RELATIVE TO ADVERTISING FOR PROPOSALS FOR BIDS
FOR THE PURCHASE OF NOTES AND OTHER SECURITIES OF

Emergency
preamble.

COUNTIES.

G. L. 35, § 38,
amended.

Be it enacted, etc., as follows:

Section thirty-eight of chapter thirty-five of the General Laws
is hereby amended by adding at the end thereof the following
new sentence : — Notes authorized by section thirty-seven, notes
or bonds issued to renew or refund indebtedness existing at the
time of issue thereof, notes or bonds in anticipation of reimburse-
ment from cities, towns and others in connection with work
temporarily financed by the county, including tuberculosis hos-
pital maintenance notes under section eighty-five A of chapter
one hundred and eleven, shall be excepted from the requirement

Acts, 1923. —Chap. 429. 437

of this section as to achertising for l)i(ls and may be sold at

public or private sale, — so as to read as follows: — Srcticm 38. Proposals for

Before issuing notes or securities increasing county indebtedness, notes'and"

the county commissioners shall in\'ite proposals for the purchase ofcmmtieB'*'^^

thereof by advertisements in two or more newspapers published advertising,

in said county, if any, and by advertisements in at least three

daily newspapers published in Boston. They shall reserve the

right to reject any and all bids. The bids shall be publicly

opened and noted in their records. If no proposal is made or

accepted they may award the whole or any part of the loan to

any person. Notes authorized by section thirty-seven, notes or Exception of

bonds issued to renew or refund indebtedness existing at the rftTe^'from^re-

time of issue thereof, notes or bonds in anticipation of reimburse- Qyirement as to

„ . . 1 ^1 • ^- -ji 1 advertising for

ment from cities, towns and others in connection with work bids, etc
temporarily financed by the county, including tuberculosis hos-
pital maintenance notes under section eighty-five A of chapter
one hundred and eleven, shall be excepted from the require-
ment of this section as to advertising for bids and may be sold
at public or private sale. Approved May 22, 1923.

Chap.i29

An Act authorizing the apportionment of the expense
incurred by the county of essex for a tuberculosis

hospital within said COUNTY.

Be it enacted, etc., as follows:

Section 1 . The county commissioners of the county of Essex Apportionment
may at any time after the passage of this act, and from time to andTownVoV^'^
time thereafter, determine the net amount of the expenditures expense in-
theretofore made and the indebtedness, including interest, there- sex county
tofore incurred on account of the hospital constructed in said losi^hos'prta""
county for the care of persons suffering from tuberculosis, under within said

CO u n t V .

the provisions of sections seventy-eight to ninety-one, inclusive,
of chapter one hundred and eleven of the General Laws, or
corresponding provisions of earlier laws, after deducting from
the gross amounts of such expenditures and indebtedness the
proceeds of any receipts on account of the same and any receipts
from the sale of any property theretofore acquired for said pur-
pose, which sales said commissioners are hereby authorized in
their discretion to make, and may from time to time apportion
to the cities and towns in said county, except the cities of Haver-
hill, Lawrence, Lynn, Newburyport and Salem, the net amount
of such expenditures and indebtedness so determined, in ac-
cordance with their valuation used in assessing the county taxes;
and each of such cities and towns shall pay the sum so appor- Payment by
tioned to it into the treasury of said county at such time and towns'*'^^ ^"
in such instalments as the said county commissioners shall by
special order direct. The county commissioners shall have the Remedies for
remedies for the collection of sums so apportioned, and the ^° ^°^^°^-
several cities and towns shall have the right to incur indebted- indebtedness
ness to provide funds for the payment thereof, provided in sec- towns to pro-
tions eighty -three and eighty -four of said chapter one hundred ments°'^^^^
and eleven. The county commissioners shall determine the total Subsequent
cost of such hospital together with interest paid or due on bonds to and pay-*"*

438

Acts, 1923. —Chaps. 430, 431,

ment by said
cities and
towns, etc.

Certain cities
and towns con-
stituting hos-
pital district,
etc., to be sub-
ject to certain
duties, etc.

Distribution of
receipts to cer-
tain cities and
towns if hos-
pital purchased
etc., by federal
government or
commonwealth .

or notes of said county issued therefor, and shall deduct there-
from the sum of the apportionments previously made under the
provisions of this act, and the balance of said cost and interest
shall be apportioned to, collected from and paid by said cities
and towns in the manner provided in section eighty-three of said
chapter one hundred and eleven; and such cities and towns may,
if they so vote, borrow money to make said payments in the
manner pro\ided in section eighty-four of said chapter one hun-
dred and eleven. All the said cities and towns of said county,
except the cities of Haverhill, Lawrence, Lynn, Newburyport
and Salem, constituting the hospital district intended to be
served by such hospital, shall be subject to the duties and obli-
gations imposed by said chapter one hundred and eleven in re-
lation to county tuberculosis hospitals, and b}' this act.

Section 2. In the event of the purchase or acquisition of
said tuberculosis hospital by either the federal government or
the commonwealth, all receipts from such purchase or acqui-
sition shall be distributed to the cities and towns in said hospital
district in proportion to the amounts paid by said cities and
towns in the assessments levied upon them under the provisions
of this act.

Section 3. This act shall take efl'ect upon its passage.

Approved May 22, 1923.

ChapASO

Retirement of
members of
board of fire
engineers of
city of New
Bedford.

An Act authorizing the retirement of members of the

BOARD OF fire ENGINEERS OF THE CITY OF NEW BEDFORD.

Be it enacted, etc., as folloios:

Section 1 . Any member of the board of fire engineers of the
city of New Bedford may, upon the same conditions as apply
to members of the fire department of said city, under the pro-
visions of chapter one hundred and ninety -six of the acts of
nineteen hundred and ten, be retired by the mayor, with the
approval of the board of aldermen, and receive compensation
at the rate therein provided.

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

Approved May 22, 1923.

ChaV 431 ^^ ^^^ FURTHER REGULATING THE RIGHT OF NON-RESIDENTS
TO OPERATE MOTOR VEHICLES WITHIN THE COMMONWEALTH.

Be it enacted, etc., as follmvs:

Section 1. Section three of chapter ninety of the General
Law^s is hereby amended by inserting at the beginning thereof
the words : — Subject to the provisions of section three A, — so
as to read as follows : — Section 3. Subject to the provisions of
section three A, a motor vehicle or trailer owned by a non-resi-
dent who has complied with the laws relative to motor vehicles
and trailers, and the operation thereof, of the state or country
in which he resides may be operated on the ways of this com-
monwealth without registration except as otherwise provided in
section ten; provided, that said state or country grants similar
privileges to residents of this commonwealth; this section, how-

G. L. 90, § 3,
amended.

Rights of non-
residents as to
operation
within the
commonwealth
of motor
vehicles owned
by them.

Proviso.

Acts, 1923. —Chap. 431. 439

ever, shall bo operative as to a motor vehicle or trailer owned
by a non-resident only to the extent that luider the laws of the
foreign country or state of his residence like exemptions and
pri^•ileges are granted to motor vehicles and trailers duly regis-
tered under the laws of and owned by residents of this common-
svealth; and the registrar shall determine what states or countries
grant similar privileges and the extent of the privileges so
granted, and his determination shall be final. The registrar may Suspension or
suspend or revoke the right of any non-resident operator to rfghtT.*'°" °^
operate in this commonwealth, and may suspend or revoke the
right of any owner to operate or have operated in this common-
wealth any motor vehicle or trailer for the same causes and
under the same conditions that he can take such action regarding
resident owners, operators, motor vehicles and trailers owned in
this commonwealth. Every such vehicle so operated shall have Xmnber plates.
displayed upon it two number plates, substantially as provided
in section six, bearing the distinguishing number or mark of the
state in which the owner thereof resides, and none other until
the vehicle is registered in accordance with this chapter. A ^^fratfon dw^""^
motor vehicle or trailer so owned may be operated also in this ing July Au-
commonwealth during the months of July, August and Sep- leptelSber.
tember in any one year if application for the registration thereof
is made in accordance with section two, and the vehicle is duly
registered by the registrar or his authorized agent. The registrar Number plates.
shall furnish at his office, without charge, to every person whose
automobile is registered as aforesaid two number plates of
suitable design, each of which shall have displayed upon it the
register number assigned to such vehicle. Such number plates
shall be valid only during the period of time for which they are
issued. Every such registration shall expire at midnight on Expiration of
September thirtieth in each year. "^ ° ^

Section 2. Said chapter ninety is hereby amended by in- g. l. 90, new
serting after section three the two following new sections: — ^e^ion^a
Section 3 A. The acceptance by a non-resident of the rights and Appointment
privileges conferred by section three or four, as evidenced by dents o/rlgis-
his operating a motor Achicle thereunder, or the operation by a ^e''hi"ie.^^*at-
non-resident of a motor vehicle on a public way in the com- tomcy for serv-
monwealth other than under said sections, shall be deemed etc." p''°°®'^'
equivalent to an appointment by such non-resident of the regis-
trar or his successor in office, to be his true and lawful attorney
upon whom may be served all lawful processes in any action or
proceeding against him, growing out of any accident or collision
in which said non-resident may be involved while operating a
motor Achicle on such a way, and said acceptance or operation
shall be a signification of his agreement that any such process
against him which is so served shall be of the same legal force
and validity as if served on him personally. Service of such Service of proc-
process shall be made by leaving a copy of the process with a made?rtc.
fee of two dollars in the hands of the registrar, or in his office,
and such service shall be sufficient service upon the said non-
resident; provided, that notice of such service and a copy of P"""^'^"-
the process are forthwith sent by registered mail by the plaintiff
to the defendant, and the defendant's return receipt and the

440

Acts, 1923. — Chaps. 432, 433.

Court may or-
der continu-
ances, etc.

Fee to be taxed
in costs, etc.

Record by
registrar.

plaintiff's affidavit of compliance herewith are appended to the
writ and entered with the declaration. The court in which
the action is pending may order such continuances as may be
necessary to afford the defendant reasonable opportunity to
defend the action. Section 3B. The fee of two dollars paid by
the plaintiff to the registrar at the time of the service shall be
taxed in his costs if he prevails in the suit. The registrar shall
keep a record of all such processes, which shall show the day
and hour of service. Approved May 22, 1923.

ChavAS2 An Act providing for investigations in certain probate

PROCEEDINGS.

Be it enacted, etc., as foUoics:

Chapter two hundred and fifteen of the General Laws is
hereby amended by inserting after section fifty-six the following
new section: — Section 56 A. Any judge of a probate court
may appoint a guardian ad litem to investigate the facts in any
proceeding pending in said court relating to or involving ques-
tions as to the care, custody or maintenance of minor children
and as to any matter involving domestic relations except those
for the investigation of which provision is made by section six-
teen of chapter two hundred and eight. Said guardian ad litem
shall, before final decree in such proceeding, report in writing
to the court the results of the investigation, and such report
shall be open to inspection to all the parties in such proceeding
Compensation, or their attorneys. The compensation shall be fixed by the
court and shall be paid by the county where the proceeding is
held, together with any expenses approved by the court, upon
certificate by the judge to the county treasurer. The state
police, local police and probation officers shall assist the guardian
ad litem so appointed, upon his request.

Approved May 22, 1923.

G. L. 215, new
section after
§56.

Investigations
in certain pro-
bate proceed-

Report.

Assistance.

Chap.4:dS An Act authorizing the city of boston to pay a sum of

MONEY TO THE FATHER OF HENRY C. GROTE.

City of Boston
may pay
money to
father of
Henry C.
Grote.

To be sub-
mitted to city
council, etc.

Proviso.

Be it enacted, etc., as follows:

Section 1. The city of Boston may pay a sum of money,
not exceeding twenty-five hundred dollars, to Carl H. Grote,
father of Henry C. Grote, who was accidentally shot by a mem-
ber of the state guard on September eleventh, nineteen hun-
dred and nineteen, during the riots in Boston, and died in con-
sequence. 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 said Carl H. Grote, the
same may be paid in the same manner and subject to the same
conditions, to his widow during her life.

\Approved May 22, 1923.

Acts, 1923. —Chaps. 434, 435, 43G. 441

An Act authorizing tiik state board for vocational edu- QJidnj ^q^

CATION to FrRMSlI AID DURING REHABIMTATION TO CERTAIN "'

PERSONS.

Be it enacted, etc., as follows:

Chapter seventv-four of tlie General Laws is hereby amended g l. 74,new

, . ^ . ' . . *, , section after

by inserting after section twenty-two A, inserted by section §22a, etc.
six of chapter four hundred and sixty -two of the acts of nineteen
hundred and twenty-one, the following new section: — Section state board for
3£B. Said state board for vocational education may expend, crt'ion°may^'^""
under rules and regulations made by it and approved by the furnish aid
governor and council, such sums, not exceeding ten thousand habiHtaUon to
dollars, as may be annually appropriated therefor, for the pur- certain persons.
pose of furnishing aid during rehabilitation to such persons as it
shall deem able to profit by training.

The department of public welfare shall, upon request of said investigation as
board, make an investigation of the circumstances of persons, plying for aid.
actually in training afforded by said board, who apply for aid ®*°"
during rehabilitation under the provisions of this section, and
shall make a report of its findings to said board.

Approved May 22, 1923.

ChapAS5

An Act authorizing arrests without warrants in
certain cases by the sheriffs of dukes and nantucket
counties.

Be it enacted, etc., as follows:

Section seventy-five of chapter one hundred and thirty-eight g. l. 138, § 75,
of the General Laws is hereby amended by inserting after the amended.
word "town" in the third line the words: — , or, in the county
of Dukes or Nantucket, the sheriff anywhere within his county, —
so as to read as follows: — Section 75. A mayor, alderman, Arrests with-
selectman, deputy sheriff, chief of police, deputy chief of police, ""* In^ertai'n
city marshal, deputy or assistant marshal, police officer or case's of viola-
constable, in his city or town, or, in the county of Dukes or relative toln-
Nantucket, the sheriff anywhere within his county, may without [fq^or^'^^
a warrant arrest any person whom he finds in the act of illegally
selling, transporting, distributing or delivering intoxicating
liquor, and seize the liquor, vessels and implements of sale in
the possession of such person, and detain them until warrants
can be procured against such person, and for the seizure of said
liquor, vessels and implements, under this chapter. Such officers
shall enforce or cause to be enforced the penalties provided by
law against every person who is guilty of a violation of any law
relative to the sale of intoxicating liquor of which they can
obtain reasonable proof. Approved May 22, 1923.

An Act relative to bail commissioners in the county of rjhnj) 435

SUFFOLK. ^'

Be it enacted, etc., as follows:

Section L Chapter two hundred and seventy-six of the g. l. 276, 5 57,
General Laws, as amended in section fifty-seven by section one ^**'' ^^^'^ ^ '

442

Acts, 1923. —Chap. 436.

Magistrates who
may admit to
bail.

Money and
certain secu-
rities may be
deposited.

Sheriff of Suf-
folk may ap-
point, etc., bail
commissioners.

G. L. 270, § 60,
amended.

Bail in Suffolk
county.

Rejected sure-
ties.

of chapter four hundred and sixty-four of the acts of nineteen
hundred and twenty-two, is hereby further amended by striking
out said section fifty -seven and inserting in phice thereof the
following: — Section 57. A justice of the supreme judicial or
superior court, a clerk of courts or the clerk of the superior
court for criminal business in the county of Suffolk, a standing
or special commissioner appointed by either of said courts or,
in the county of Suffolk, by the sheriff of said county with the
approval of the superior court, a justice or clerk of a district
court, a master in chancery or a trial justice, upon application
of a prisoner or witness held under arrest or committed, either
with or without a warrant, or held in the custody of an officer
under a mittimus, may inquire into the case and admit such
prisoner or witness to bail; and may admit to bail any person
committed for not finding sureties to recognize for him. iVU
persons authorized to take bail under this section shall be gov-
erned by the rules established by the supreme judicial or superior
court. No person offering himself as surety shall be deemed to
be insufficient if he deposits money of an amount equal to the
amount of the bail required of him in such recognizance, or a
bank book of a savings bank or of the savings department of a
trust company or national bank, doing business in the com-
monwealth, properly assigned to the clerk or trial justice with
whom the same is or is to be deposited, and his successors, and
satisfactory to the person so authorized to take bail, or deposits
non-registered bonds of the United States or of the common-
wealth or of any county, city or town within the commonwealth
equal at their face value to the amount of the bail required of
him in such recognizance. The sheriff of Suffolk county may,
with the approval of the superior court, appoint standing or
special commissioners to take bail to a number not exceeding
twenty and may, with like approval, remove them.

Section 2. Section sixty of said chapter two hundred and
seventy-six is hereby amended by striking out, in the fifth line,
the words "by the justices of the superior court" and inserting
in place thereof the words : — under section fifty-seven, — so as
to read as follows : — Section 60. After a conviction or a plea
of guilty or of nolo contendere in the superior court in Suffolk
county, the prisoner shall not be admitted to bail except in open
court; but when said court is not in session, bail may be taken
by any judge of a court of record or by any commissioner ap-
pointed under section fifty-seven, upon proof that written
notice of the proposed application has been duly served upon
the district attorney, or one of the assistant district attorneys
for the Suffolk district, at least twenty-four hours before the
hearing of such application, specifying the name of the prisoner,
the crime of which he has been convicted, the time and place of
hearing, and the name, occupation and residence of the proposed
sureties. No person who has been once offered and rejected as
surety shall afterward be accepted as surety for the same person
in the same case.

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

Approved May 23, 1923.

Acts, 1923. — Chaps. 437, 438. 443

An Act kkviving thk lawlkr hhos. theatre co. ChavA37

JVhrrra.s', The deferred operation of this act would cause in- Emergency
con\enience and expense, therefore it is hereby declared to be p'""'^'" ' '^•
an emergency law, necessary for the immediate preservation of
the public convenience.

Be it enacted, etc., as follows:

The LaAvler Bros. Theatre Co., a corporation dissolved by LawierBros.
chapter four hundred and forty of the acts of nineteen hundred ^v!vecf, etc.'
and twenty-tAvo, is hereby revived with the same powers, duties
and obligations as if said chapter had not been passed; and all
acts and proceedings of the stockliolders, directors and officers
of said corporation acting as such which would be legal and valid
but for the passage of said chapter are hereby ratified and con-
firmed. Approved May 23, 1923.

An Act to provide for the incorporation of agricul- (7/iao.438

TURAL AND OTHER CO-OPERATIVE CORPORATIONS WITHOUT
CAPITAL STOCK.

Be it enacted, etc., as follows:

Section 1. Section two of chapter one hundred and fifty- g. l. ise, §2,
six of the General Law^s is hereby amended by striking out the »™<"^^® •
last paragraph, so as to read as follows : — Sectio7i 2. Except Application of
as expressly made applicable by reference in subsequent chapters, [fting^to'^busi-
this chapter shall not apply to corporations organized for the ^.^^s corpora-
purpose of carrying on the business of a bank, savings bank, co-
operative bank, trust company, credit union, surety or indemnity
company, or safe deposit company, or for the purpose of carry-
ing on within the commonwealth the business of an insurance
company, railroad, electric railroad, street railway or trolley-
motor company, telegraph or telephone company, gas or electric
light, heat or power company, canal, aqueduct or water com-
pany, cemetery or crematory company, or to any other corpora-
tions which now have or may hereafter haAC the right to take
land within the commonwealth by eminent domain or to exer-
cise franchises in public ways granted by the commonwealth or
by any county, city or town. It shall apply to all other domestic
corporations having a capital stock and heretofore or hereafter
established either by general or special law for the purpose of
carrying on business for profit except as provided in chapter one
hundred and fifty-scAcn and except so far as such application
may be inconsistent with provisions still in force of any special
acts of incorporation, enacted before March eleventh, eighteen
hundred and thirt^'-one, and not subject to amendment, altera-
tion or repeal by the general court, or with provisions of any
special acts of incorporation hereafter enacted ; and this chapter
shall govern the amount of real or personal estate which any
corporation subject to it may hold, and the right to increase or
decrease its capital stock, notwithstanding the provisions of any
si)ecial act of incorporation, except in the case of corporations

444

Acts, 1923. — Chap. 438.

G. L. 157, § 3,
amended.

Incorporation
of certain co-
operative as-
sociations.

G. L. 157, § 8.
amended.

Use of word
"co-operative'
for business
purposes re-
stricted.

Forfeiture.

Injunction.

G. L. 157, new-
heading and
sections aft«r
§9.

empowered to manufacture, store, transmit, sell or distribute
power.

Section 2. Section three of chapter one hundred and fifty-
seven of the General Laws is hereby amended by striking out, in
the sixth line, the word "chapter" and inserting in place thereof
the words : — and the six following sections, — and by striking
out, in the eleventh line, the words "this chapter" and inserting
in place thereof the words : — said sections, — so as to read as
follows : — Section 3. Seven or more persons, residents of the
commonwealth, may associate themselves as a corporation, as-
sociation, society, compan^^ or exchange, to conduct within the
commonwealth any agricultural, dairy or mercantile business on
the co-operative plan. The word "co-operative" shall form a
part of the name of the corporation, and, for the purposes of this
and the six following sections, the words "association", "com-
pany", "exchange", "society" and "union", shall have the
same signification and shall import a corporation. The corpora-
tion shall be formed as provided in chapters one hundred and
fifty-five and one hundred and fifty-six, with shares having par
value, and shall be subject to the provisions thereof so far as
consistent with said sections.

Section 3. Section eight of said chapter one hundred and
fifty-seven is hereby amended by inserting after the word
"banks" in the second line the words: — and corporations
organized under section ten, — so as to read as follows : — Sec-
tion 8. Any person, partnership, association or corporation,
domestic or foreign, except co-operative banks and corporations
organized under section ten, transacting business for profit in
the commonwealth under any name or title containing the word
"co-operative", unless the net earnings thereof are distributed
in a manner permitted for a co-operative corporation by this
chapter, shall forfeit to the commonwealth not more than ten
dollars for every day or part thereof during which such name or
title is so used. Such forfeiture may be recovered by an infor-
mation brought in the supreme judicial or superior court by the
attorney general, at the relation of the commissioner of corpora-
tions and taxation. Upon such information, the court may issue
a temporary or permanent injunction restraining such person,
partnership, association or corporation from doing business in
the commonwealth, or from so using such name or title, and
may make such other orders and decrees as justice and equity
may require.

Section 4. Said chapter one hundred and fifty-seven is
hereby further amended by adding after section nine under the
heading: — "Agricultural and other Co-operative Corporations
without Capital Stock" the folloM'ing nine new sections: —

Certain agri-
cultural, etc.,
associations
may be incor-

Agricultural and other co-operative corpor.\tions with-
out CAPITAL STOCK.

Section 10. Agricultural and horticultural associations engaged
in any branch of agriculture, horticulture, viticulture, forestry,
dairying, the raising of livestock or poultry and any other farming

Acts, 1923. —Chap. 438. 445

activity or business, if instituted for the mutual benefit of their porated with-
members and formed for tlie purpose of doing business without stock*^'*^*
profit to tlie association itself may be incorporated without
capital stock. Such corporations shall be formed in the manner
provided by chapters one liundred and fifty-five and one hun-
dred and fifty-six and shall be subject to the provisions of said
chapters, so far as applicable. Alembers of corporations so Memijersto
organized sliall have the rights and powers and be subject to the dut^s^°eir^of
duties and liabilities of stockliolders of corporations having stockholder's,
capital stock, under the provisions of said chapters, so far as is
consistent with this and the eight following sections.

Section 11. Any corporation organized under the preceding Powers of cor-
section shall have power to mortgage or pledge its real or personal Po^ation.
property and to issue promissory notes or other evidences of
indebtedness. Such corporation shall also have power to estab-
lish reserves and in^•est the funds thereof in such manner as it
may deem advisable or as may be provided in its b^^-laws; and
to exercise all other powers, rights and privileges necessary or
incidental to the purposes for which said corporation was organ-
ized or to the acti\'ities in which it is engaged; provided, how- Proviso.
CA'cr, that no such corporation shall handle the products of any
non-member, except for storage.

Section 12. The first meeting of the corporation shall be held F'rst meeting
within sLx months after the execution of the agreement of asso-
ciation. If the directors of the corporation have been previously Ratification of
chosen in anticipation of its organization, or in connection with rectore°etc'"
a plan for preliminary organization, or in accordance with con-
tracts made in anticipation of such organization, such choice of
directors shall be ratified at said meeting. Elections of directors Subsequent
shall thereafter be goA'crned by section twenty-two of chapter rgctorT^ °^ '^'"
one hundred and fifty-six, except as provided in the following
section.

Section 13. In addition to the powers granted by section By-laws, scope,
thirteen of chapter one hundred and fifty-six, any corporation ^**'*
organized under section ten may provide in its by-laws for the
election of directors by districts; for the election of advisory
directors who are not members, the number of whom shall not
be greater than one fifth the total number of directors; for voting
of members by mail in elections and on questions concerning
the operation and business of the corporation; for the admission,
withdrawal, suspension or expulsion of members; for dues and
assessments to be paid by members and the conditions under
which such dues and assessments shall be imposed and collected ;
for determining the rights and interests of members in the prop-
erty of the corporation, whether equal or unequal ; for establishing
the basis of voting by the members, especially whether the votes
of all members shall be equal, or in proportion to the land area
leased or used by each member for production of the products
handled by the corporation, or in proportion to the quantity of
such products delivered by each member to the corporation
during the preceding year; for an approved or established form
of marketing contract; and for fines or other penalties for viola-
tion of its by-laws or marketing contract. No by-law shall be

446

Acts, 1923. — Chap. 438.

Amendment,
repeal, etc., of
by-laws.

Membership
limited.

Corporations
as members.

Amendment,
etc., of agree-
ment of associ-
ation, etc.

Proviso.

Vote by mail.

Corporation
may enter into
marketing con-
tracts with its
members, etc.

Liquidated
damages upon
breach of con-
tract.

amended or repealed nor any new by-law adopted, unless notice
of the proposed action is given in the call for the meeting at
which the proposal is to be considered, or in the call for the vote
if the vote is to be taken by mail.

Section 14- Membership in such corporations shall be limited
to persons engaged in the production of products which are
handled or to be handled by the corporation, as specified in its
articles of organization, including the lessees or tenants of land
used for the production of such products and lessors or landlords
to whom are due all or any part of such products produced on
leased or rented premises in payment for the use of such premises.
If a member is a corporation, it may be represented by any
officer thereof, duly authorized in writing.

Section 15. Any such corporation may amend or alter its
agreement of association or articles of organization in the manner
provided by sections forty-one to fort^^-three, inclusive, of
chapter one hundred and fifty-six, so far as applicable; provided,
that such amendment or alteration shall require a vote of three
fourths of the members present and voting at a meeting of the
corporation called to consider such amendment or alteration, or
if the vote upon such amendment or alteration is taken by mail,
by vote of three fourths of the members who return votes. A
vote by mail upon such amendment or alteration shall not be
valid unless votes are returned b}^ at least three fifths of the
members of the corporation.

Section 16. Any such corporation may enter into marketing
contracts with its members by which the members shall agree
to sell, for any period of time not exceeding ten j^ears, all or any
specified part of their products or of certain specified products
exclusively to or through the corporation or any agency desig-
nated by it. If such contract provides for a sale to the corpora-
tion, title to the products covered thereby shall pass to the
corporation absolutely, except for recorded liens, upon delivery or
at any other time specified in said contract, if expressly so agreed
therein. Any such contract may, however, provide for sale by
the corporation of the products of its members with or without
acquisition of title to such products by the corporation and may
further provide that the corporation shall pay over to the mem-
bers the resale price after deducting all necessary expenses in-
cluding any allowances, contributions or deductions authorized
by its by-laws or by the contract itself. Such contract shall not
be construed as a violation of any provision of sections one to
seven, inclusive, of chapter ninety-three, unless it results in an
undue enhancement of the price of the product to which the
contract applies, nor shall any corporation organized under sec-
tion ten be liable to prosecution for any action reasonable and
proper in the exercise of the rights and powers conferred by
sections ten to nineteen, inclusive.

Section 17. The marketing contract may fix as liquidated
damages specific sums to be paid by a member upon breach of
the provisions of said contract requiring sale or delivery of
products by the member exclusively to or through the corpora-
tion or any agency designated by it, and such provision shall be

Acts, 1923. —Chap. 438. • 447

valid and onforcoahle in tlie courts of the connnonwealtli. Anv injuiution

against meui-
>ers.

sucli corporation ma\- be jjranted a temporary or permanent in- j"
junction against a member for breach or threatened breach of
such contract with reference to the said provisions for sale or
delivery of products.

Section IS. A' corporation organized under the provisions of i^otai taxation.
section ten, and any corporation, association or organization
now or hereafter established, organized or chartered without
capital stock for a similar purpose under laws other than those
of this commonwealth, shall not be liable to taxation under the
provisions of chapter sixty-three, but shall be taxable under the
provisions of chapter fifty-nine, in the same manner and to the
same extent as an individual or partnership. The fee for filing Fee for filing,
and recording the articles of organization required by section organ1zatt^°^
ten, including the issuing by the state secretary of the certificate etc
of incorporation, shall be fifty dollars.

Sfx'TIOn .5. Section thirt}' of chapter sixty-three of the Gen- g. l. 63, § so,
eral Laws, as amended by chapter three hundred and two of the ®**^' ^'"'^""^
acts of nineteen hundred and twenty-two and by section three
of chapter two hundred and fifty-four of the acts of the current
year, is hereby further amended by inserting at the end of line
four the following: — , except corporations organized under the
provisions of section ten of chapter one hundred and fifty-seven,
— and by inserting at the end of line eleven the following: —
provided, that said term shall not apply to such corporations,
associations or organizations without capital stock as are
subject to taxation under section eighteen of chapter one hun-
dred and fifty-seven, — so that the first two paragraphs of said
section thirty shall read as follows : — Section 30. When used ^S^^^i^^c^r-
in this section and sections thirty-one to fifty-two, inclusive, the porations.
following terms shall, except as otherwise expressly provided Definitions,
therein, have the following meanings:

1. "Domestic business corporation", every corporation organ- "Domestic
ized under or subject to chapter one hundred and fifty -six, except p^atfoln ''•°'^"
corporations organized under the provisions of section ten of
chapter one hundred and fifty-seven.

2. "Foreign corporation", every corporation, association or 'Foreign cor-
organization established, organized or chartered under laws other ^'"^'^ '°°
than those of the commonwealth, for purposes for which domestic
corporations may be organized under chapter one hundred and
fifty-six, which has a usual place of business in this common-
wealth, or is engaged here, permanently or temporarily, in the
construction, erection, alteration or repair of a building, bridge,
railroad, railway or structure of any kind; provided, that said P''°^''^°-
term shall not apply to such corporations, associations or organi-
zations without capital stock as are subject to taxation under

section eighteen of chapter one hundred and fifty-seven.

Section 6. This act shall not be construed to affect corpora- Act not to af-
tions heretofore organized under the last paragraph of section corporations.
two of chapter one hundred and fifty-six of the General Laws,
as previously existing. Approved May 23, 1923.

448

Acts, 1923. —Chaps. 439, 440.

G. L. 38, § 5,
amended.

Medical ex-
aminers' sal-
aries and ex-
penses in Suf-
folk county.

Chai)A39 ^^^ '^^'^ relative to the expenses of medical examiners

IN the county op SUFFOLK.

Be it enacted, etc., as follows:

Section 1. Section five of chapter thirty-eight of the General
Laws is hereby amended by striking out, in the fifteenth Hne, the
words " six thousand " and inserting in place thereof the words : —
seventy -five hundred, — so as to read as follows : — Section 5.
In Suffolk county each medical examiner shall receive from the
county a salary of five thousand dollars, and each associate
medical examiner a salary of eight hundred and thirty-three dol-
lars; but if either associate serves in any year more than two
months, he shall for such additional service be paid at the same
rate, and the amount so paid shall be deducted from the salary
of the medical examiner at whose request he so serves. The
medical examiners for said county shall be provided with rooms
suitably furnished for the performance of their duties, the rent,
furnishing and office equipment of which shall be paid for by
said county upon approval of the mayor of Boston. Each of
said medical examiners may, in the name of the county, contract
such bills for clerical service, postage, stationery, printing, tele-
phone, traveling, and for such other incidental expenses as may
in his opinion be necessary for the proper performance of his
duty, to an amount not exceeding seventy-five hundred dollars
in any one year; and each associate may so contract bills for
the said purposes to an amount not exceeding one thousand
dollars in any one year; and all such bills shall be paid by said
county, upon a certificate by the contracting examiner that they
were necessarily incurred in the performance of his duty, and
upon the approval of the auditor of Boston, as provided in sec-
tion nineteen, and of the mayor. Medical examiners and asso-
ciate medical examiners in other counties shall receive fees as
follows: For a view without an autopsy, seven dollars; for a
view and an autopsy, thirty dollars; and for travel, ten cents a
mile to and from the place of view.

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

Approved May 23, 1923.

Fees in other
counties.

To be sub-
mitted to Bos-
ton city coun-
cil, etc.
Proviso.

ChapA4:0 ^^ ^^-T providing for the CONSTRUCTION OF A BREAKWATER
AT PEMBERTON POINT IN THE TOWN OF HULL.

Division of
waterways and
public lands
may construct
a breakwater
at Pemberton
Point in Hull.

Contributions
by county of
Plymouth and
town of Hull.

Be it enacted, etc., as follows:

Section 1. Subject to the conditions herein imposed, the
division of waterways and public lands of the department of
public works is hereby authorized and directed to construct a
breakwater at Pemberton Point in the town of Hull for the pur-
pose of protecting said point from erosion by the sea. No work
shall be begun until, the county of Plymouth and the town of

Acts, 1923. —Chap. 441. 449

Hull haxo each contributed and paid into the treasury of the
couinionwealth tiie sum of thirty tliousand dollars, whicli to-
gether witli such sum not exceeding thirty thousand dollars, as
may hereafter be appropriated by the commonwealth, shall
constitute a fund for the improvement herein authorized; pro- Provisos.
vided, that the total cost of such improvement shall not exceed
ninety thousand dollars; and provided further, that if any of
the aforesaid sum remains unexpended after the completion of
such improvement one third of such remainder shall be repaid
to said county and town.

Section 2. For the purpose of meeting the payments re- County of
quired to be made by the county of Plymouth under this act, borrow"mone>s
the county commissioners of said county may from time to time etc
borrow upon the credit of the county such sums as may be
necessary, not exceeding, in the aggregate, thirty thousand dol-
lars, and may issue bonds or notes of the county therefor. Each
authorized issue shall constitute a separate loan, and such loans
shall be payable in not more than five years from their dates.
Such bonds or notes shall be signed by the treasurer of the
county and countersigned by a majority of the county commis-
sioners. The county may sell the said securities at public or
private sale upon such terms and conditions as the county com-
missioners may deem proper, but not for less than their par
value. Indebtedness incurred hereunder shall, except as herein
provided, be subject to chapter thirty-five of the General Laws.

Section 3. For the purpose of meeting the payments re- Town of Hull
quired to be made by the town of Hull under this act, said town money"etcT
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. Town of Hull Breakwater Loan, Act of 1923. Each Town of HuU
authorized issue shall constitute a separate loan, and such loans Loan^Tcfof
shall be payable in not more than five years from their dates. i923. '
Indebtedness incurred hereunder shall be outside the statutory
limit, but shall, except as herein provided, be subject to chapter
forty-four of the General Laws.

Section 4. This act shall take effect upon its acceptance by To be sub-
vote of the county commissioners of Plymouth county and by ^'th®cou°nty ™"
vote of the town of Hull and the filing in the office of the division commissioners
of waterways and public lands of certified copies of said votes, town of Hull,

Approved May 23, 1923. ^*°-

An Act authorizing the city of chelsea to pension robert Chav. 44:1

N. WILLARD.

Be it enacted, etc., as follows:

Section 1. The city of Chelsea is hereby authorized to retire City of
Robert N. Willard since eighteen hundred and ninety-eight con- ^^^1^^^ RoLrt
tinuously in its service and now permanently disabled by reason n. Wiiiard.
of injuries received in the discharge of his duties, and to pay
him a pension of fifteen dollars per week, said sum being one
half the compensation which he is now receiving from said city.

450

Acts, 1923. — Chaps. 442, 443, 444.

To be sub-
mitted to al-
dermen, etc.
Proviso.

Approved May 23, 1923.

ChapA42 An Act authorizing the city of revere to incur indebted-
ness FOR SCHOOL PURPOSES.

1923, 115, § 1,
amended.

City of Revere
may borrow
money for
school purposes.

Revere School
Loan, Act of
1923.

Be it enacted, etc., as follows:

Section 1. Chapter one hundred and fifteen of the acts of
nineteen hundred and twenty-three is hereby amended by
striking out section one and inserting in place thereof the
following : — Section 1 . For the purpose of constructing school
buildings, and additions to the present high school building and to
other school buildings increasing the floor space of such buildings,
and of originally equipping and furnishing said buildings and
additions, the city of Revere may from time to time borrow
such sums as may be necessary, not exceeding, in the aggregate,
five hundred thousand dollars, and may issue bonds or notes
therefor, which shall bear on their face the words. Revere School
Loan, Act of 1923. 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 pro-
vided, be subject to chapter forty-four of the General Laws.

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

Approved May 24, 1923.

school pur-
poses

ChapA4:?t An Act authorizing the town of franklin to incur in-
debtedness FOR SCHOOL purposes.

Be it enacted, etc., as folloios:

Town of Frank- SECTION 1. For the purpose of acquiring land for and con-
money for structing a new high school building and for the purchase of
original equipment and furnishings for such building, the town
of Franklin may borrow from time to time such sums as may
be necessary not exceeding, in the aggregate, two hundred thou-
sand dollars, and may issue bonds or notes therefor, which shall
Franklin School bear ou their face the words, Franklin School Loan, Act of 1923.
1923.' Each authorized issue shall constitute a separate loan. In-

debtedness 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 May 24, 1923.

Chap. 4:4:4: An Act authorizing the unionville FIRE AND water dis-
trict TO MAKE AN ADDITIONAL WATER LOAN.

Be it enacted, etc., as follows:

Md°wIterD^s- SECTION 1. For the purposc of extending its water mains
trict may and improving its water distribution facilities, the Unionville

Acts, 1923. — Chaps. 445, 446. 451

Fire and Water District may from time to time borrow such make an ad-

1 * , T • ii j_ n ditional water

simis as may be necessary, not exceedmg, m the aggregate, hve loan.
thousand doUars, in addition to any sums heretofore authorized
for water purposes, and may issue bonds or notes therefor, which
shall bear on their face the words, Unionville Fire and Water Union Fire
District Water Loan, Act of 1923. Each authorized issue shall District Water
constitute a separate loan, and such loans shall be payable in ^°^^< ^'^^ °^
not more than ten 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 2. The district shall at the time of authorizing said ^an"^et"* °^
loan or loans 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 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 payments on the principal as may
be required by this act, shall, without further vote, be certified
to the assessors of the town of Easton and shall annually there-
after be assessed, collected, and paid over to the district treas-
urer, in the same manner as is provided by law in the case of
fire district taxes, until the debt incurred by said loan or loans
is extinguished.

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

Approved May S4, 1923.

An Act reviving the bonwit teller company of mass. Chav 445
Whereas, The deferred operation of this act would cause great Emergency
inconvenience and expense, 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 Bonwit Teller Company of Mass., a corporation dissolved com'^an™''
by chapter four hundred and forty of the acts of nineteen hun- Mass., revived,
dred and twenty-two, is hereby revived with the same powers,
duties and obligations as if said chapter had not been passed.

Ap>proved May 2 4, 1923.

Chap.UQ

An Act providing for the improvement of hull street
in the towns of cohasset and hingham.

Be it enacted, etc., as follows:

Section 1. The county commissioners of the counties of Norfolk and
Norfolk and Pl^nnouth, acting as a joint board, are hereby au- couX^com-
thorized to relocate and reconstruct Hull street on the boundary mi.ssioners may

,., , (>/~ii •! n-».T/.iii improve Hull

Ime between the town oi Lohasset m the county of Norfolk and street in towns
the town of Hingham in the county of Plymouth, and for this and Hingham.
purpose may take land under chapter seventy-nine of the Gen-
eral Laws, and alter the lines and grades of said street as the
public necessity and convenience may require. No work as afore- Approval of
said shall be undertaken or liability incurred until the plans and dlviLlon^of ^^

highways.

452

Acts, 1923. —Chap. 446.

Norfolk county
may issue notes
to meet cost of
improvements
to be paid by
it in first in-
stance.

Apportionment
of cost upon
Norfolk and
Plymouth
counties and
towns of
Hingham and
Cohasset.

Norfolk and
Plymouth
county com-
missioners may
borrow money,
etc.

Towns of
Hingham and
Cohasset may
borrow money,
etc.

specifications therefor have been approved by the division of
highways of the department of piibHc works.

Section 2. The cost of said improvements shall in the first
instance be paid by the county of Norfolk, and for the purpose
of meeting said cost, the county commissioners of said county
may from time to time issue notes of the county, and may renew
the same, to an amount not exceeding, in the aggregate, one
hundred thousand dollars. Each authorized issue shall consti-
tute a separate loan, and such loans shall be payable in not more
than two years from their dates. Such bonds or notes shall be
signed by the treasurer of the county and countersigned by a
majority of the county commissioners. Said county may sell
said securities at public or private sale upon such terms and con-
ditions as the county commissioners may deem proper, but not
for less than their par value, and the proceeds thereof shall be
paid into the treasury of said county, and shall, upon the order
of said joint board, be expended by the treasurer of said county
to meet expenses and liabilities incurred as aforesaid. Indebted-
ness incurred hereunder shall, except as herein provided, be
subject to chapter thirty-five of the General Laws.

Section 3. Upon the completion of the said improvements
the said joint board shall apportion the cost thereof, including
land damages and interest on loans issued under section two,
upon the said counties of Norfolk and Plymouth and upon the
said towns of Hingham and Cohasset, in such manner and pro-
portions as it may deem just and equitable, and thereupon the
county of Plymouth and said towns shall pay into the treasury
of the county of Norfolk their respective proportions, determined
as aforesaid, at such tinies as said joint board may fix.

Section 4. For the purpose of paying their respective shares
of the cost, apportioned as aforesaid, the county commissioners
of the county of Norfolk and the county commissioners of the
county of Plymouth may severally borrow on the credit of their
respective counties such sums as may be necessary, and may
severally issue the bonds or notes of their respective counties
therefor, which shall be payable in not more than five years
from their dates. Such bonds or notes shall be signed by the
treasurer of the county issuing the same and countersigned by
a majority of the county commissioners of such county, who
may sell the same at public or private sale upon such terms and
conditions as they may deem proper, but not for less than their
par value. Indebtedness so incurred shall, except as herein pro-
vided, be subject to chapter thirty-five of the General Laws,
and the proceeds thereof shall be paid into the treasury of the
county of Norfolk and apphed to the payment of loans issued
under section two.

Section 5. For the purpose of meeting their respective shares
of the cost, apportioned as aforesaid, the said towns of Hingham
and Cohasset may severally borrow money in excess of the
statutory limit to an amount not exceeding said shares, respec-
tively, and may severally issue their bonds or notes therefor,
which shall be payable in not more than fi\'e years from their
dates. Except as herein provided, indebtedness incurred under

Acts, 1923.'— Chaps. 447, 448. 453

this section shall be subject to chapter forty-four of the General
Laws, and the proceeds thereof shall be paid to the county of
Norfolk and applied to the payment of loans issued under section
two.

Section 0. Upon the completion of the said work, the said m«,ps ^^f^^^^^^
joint board shall file a map or plan in the office of the town clerks
of each of the toAvns of Cohasset and Hingham and in the office
of the clerk of the courts for each of the counties of Norfolk and
Plymouth, showing the changes in the lines of said way made
under the authority of this act.

Section 7. This act shall take effect upon its acceptance by ^^.J^g^^^J'^^'^^^j.
the county commissioners of the county of Norfolk and the folk and Piym-
county commissioners of the county of Plymouth. comnTSners

Approved May 24, 1923.

An Act authorizing the retirement of henry b. spencer, ChapA4i7

WARDEN OF THE MOUNT TOM RESERVATION.

Be it enacted, etc., as follows:

Section 1 . The Mount Tom state reservation commission Retirement of
shall, forthwith upon the acceptance of this act, retire Henry B. spencer,"
Spencer, who has rendered long and meritorious service as ^lo^n^Tom
warden of the Mount Tom reservation, on an annual pension reservation.
for the remainder of his life equal to one half the annual com-
pensation paid him at the time of his retirement, payable from
appropriations made for the care and maintenance of said reser-
vation.

Section 2. This act shall take effect upon its acceptance by To he sub-
the Mount Tom state reservation commission ; provided, that Mount Tom
such acceptance occurs prior to December thirty-first in the state reserva-

A -I HIT n I 4 r\rtr> '^'°'* COmmiS-

current year. Approved May 24, 1923. sion.

Proviso.

An Act relative to court officers for the municipal nhnjy 44Q

COURT OF THE CITY OF BOSTON AND THE MUNICIPAL COURT ^'

OF THE WEST ROXBURY DISTRICT.

Be it enacted, etc., as follows:

Section 1. Chapter two hundred and eighteen of the Gen- g. l. 218, §62,
eral Laws, as amended in section sixty-two by section one of ^^'^'' '^^^'^^ed.
chapter two hundred and eighty-four of the acts of nineteen hun-
dred and twenty-one and by section one of chapter two hundred
and ninety-nine of the acts of nineteen hundred and twenty-two,
is hereby further amended by striking out said section sixty-two
and inserting in place thereof the following: — Section 62. In Number of
the municipal court of the city of Boston the court officers fn'dfs^rkr'^^
appointed shall not exceed ten for criminal business and five for courts.
civil business and one of such court officers for criminal business Additional for
shall be designated by the chief justice as chief court officer of ^""ty of'sos"-'^*
said court for criminal business, and one of such court officers ton and mu-
for criminal business shall be designated as an assistant chief of"west Rox-
court officer; in the municipal court of the Roxbury district bury district.
three court officers may be appointed; in the municipal court
of the South Boston district, of the Charlestown district and of

454

Acts, 1923. — Chap. 449.

G. L. 218, § 75,
etc., amended.

Municipal court
of the city of
Boston, sal-
aries.

Proviso.

To be sub-
mitted to
mayor of Bos-
ton.
Proviso.

the West Roxbury 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. Section seventy-five of said chapter two hun-
dred and eighteen, as amended by section two of said chapter
two hundred and eighty-four, and by section two of chapter
three hundred and nine of the acts of nineteen hundred and
twenty -two, is hereby further amended by inserting after the
word "officer", in the twenty-first line, the words: — and of
the assistant chief court officer, — and by inserting after the
word "dollars", in the twenty-third line, the words: — and
twenty-five hundred and eighty-four dollars, respectively, — so
as to read as follows : — Section 75. The salary of the chief
justice of the municipal court of the city of Boston shall be
eighty-five hundred dollars, and the salary of each of the asso-
ciate justices shall be eight thousand dollars ; provided, that any
chief justice or associate justice appointed before June fourth,
nineteen hundred and twenty, who has not accepted the increase
in salary provided by chapter six hundred and fourteen of the
acts of nineteen hundred and twenty shall receive annually two
thousand dollars less than the salaries above provided for. The
salaries of the clerks and assistant clerks of said court, for civil
and for criminal business, shall be as follows: clerks, five thou-
sand dollars each; first assistant clerks, thirty-five hundred dol-
lars each; second assistant clerks, three thousand dollars each;
third and fourth assistant clerks, twenty-nine hundred dollars
each; fifth, sixth and seventh assistant clerks, twenty-four hun-
dred dollars each. The salary of the eighth assistant clerk of
said court for civil business shall be twenty-four hundred dollars.

The salary of the messenger of said court shall be twenty-six
hundred dollars.

The salary of the chief court officer and of the assistant chief
court officer of the municipal court of the city of Boston for
criminal business shall be twenty-eight hundred dollars and
twenty-five hundred and eighty-four dollars, respectively, and
the salary of each of the other court officers in attendance at the
civil and criminal sessions of said court, twenty-four hundred
and eighty-four dollars.

Section 3. This act shall take effect upon its acceptance by
the mayor of the city of Boston; provided, that such acceptance
occurs prior to December thirty -first in the current year.

Approved Matj 24, 1923.

Chap.

449 An Act relative to the reconstruction of haverhill

LOWER bridge OVER THE MERRIMACK RIVER AT MAIN STREET
in the CITY OF HAVERHILL.

Be it enacted, etc., as foUoivs:
Reconstruction SECTION 1. The Special commission created under chapter
lower bridge five hundred and seven of the acts of nineteen hundred and
Tivei^t'^MSn^^ twenty-two is hereby authorized to incur costs and expenses not
street in Haver- jq exccss of onc hundred and fifty thousand dollars, in addition

Acts, 1923. —Chaps. 450, 451. 455

to tlio costs and expenses heretofore authorized under said
chapter fi\e hundred and seven; said amount herein authorized
to be raised, expended and assessed in accordance with the pro-
visions of said chapter five hundred and seven.

Section 2. Tliis act shall take effect upon its acceptance by To he sub-
the county commissioners of the county of Essex and the mu- ^x county ^
nicipal council of the city of Haverhill; provided, that such ac- commissioners
ceptances occur prior to December thn-tv-nrst m the current municipal
year. Approved May 24, 1923. ^^^^^^

An Act authorizing the city of lynn to pay a certain ChavA50

SUM OF MONEY TO THE WIDOW OF ALBERT H. POND.

Be it enacted, etc., as folloivs:

Section 1 . The city of Lynn may pay to the widow of the City of Lynn
late Albert H. Pond, formerly an employee in its fire depart- moneyTo
ment, who was killed while in the performance of his duty as i)''l°H°p^'j
such, the balance of salary to which he would have been entitled
had he lived and continued to occupy said position until Decem-
ber thirty-first, nineteen hundred and twenty-two.

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

Approved May 24, 1923.

An Act providing for the removal and disqualification Chaj). 4:51
of certain public officers in certain instances.

Be it enacted, etc., as follows:

Section eight of chapter two hundred and sixty-eight of the g. l. 2C8, § s,
General Laws is hereby amended by adding at the end thereof ^'ne"<ied.
the following: — ; and an executive, county other than judicial,
or municipal officer who is finally convicted of committing, in
connection with the performance of the duties of such office, the
crime of larcen}^, embezzlement or obtaining money under false
pretences shall, in addition to the penalty imposed by law for
the punishment of such crime, forfeit his office and be forever
disqualified to hold any public office, trust or appointment as
aforesaid, — so as to read as follows : — Section S. A legislative, Removal and
executive, judicial, county or municipal officer who corruptly orcerti\n°pub-
requests or accepts a gift or gratuity or a promise to make a lie officers for
gift or to do an act beneficial to him, under an agreement or bribe, etc
with an understanding that his vote, opinion or judgment shall
be given in any particular manner, or upon a particular side of
any question, cause or proceeding, which is or may be by law
brought before him in his official capacity or as a consideration
for any speech, work or service in connection therewith, or
that, in such capacity, he shall make any particular nomination
or appointment, shall forfeit his office, be forever disqualified to
hold any public office, trust or appointment under the constitu-
tion or laws of the commonwealth, and be punished by imprison- Penalty.

456

Acts, 1923. — Chaps. 452, 453.

Removal, etc.,
for crime of
larceny, em-
bezzlement,
etc.

ment in the state prison for not more than ten years or by a fine
of not more than five thousand dollars and imprisonment in jail
for not more than two j^ears; and an executive, county other
than judicial, or municipal officer who is finally convicted of
committing, in connection with the performance of the duties of
such office, the crime of larceny, embezzlement or obtaining
money under false pretences shall, in addition to the penalty
imposed by law for the punishment of such crime, forfeit his
office and be forever disqualified to hold any public office, trust
or appointment as aforesaid. Approved May B4, 1923.

Chap. 4:52 An Act to relieve street railway and electric railroad

COMPANIES FROM THE COMMUTATION OR EXCISE TAX.

Street railway
and electric
railroad com-
panies relieved
from commu-
tation or excise
tax.

Be it enacted, etc., as follows:

No commutation or excise tax, so-called, shall be imposed or
assessed upon or collected from any street railway or electric
railroad company under the provisions of sections sixty-two and
sixty-five of chapter sixty-three of the General Laws during the
years nineteen hundred and twenty-four to nineteen hundred
and twenty-eight, inclusive. Nothing herein contained shall be
construed to relieve any such street railway or electric railroad
company from filing the annual returns required by section
sixty-one of said chapter sixty-three. Approved May 2\, 1923.

G. L. 91, new

section after

§ 18.

Right of way

for public

access to great

ponds.

Chap. 4:53 An Act to provide access for the public to great ponds.

Be it enacted, etc., as follows:

Chapter ninety-one of the General Laws is hereby amended
by inserting after section eighteen the following new section : —
Section 18 A. Upon petition of ten citizens of the commonwealth
that in their opinion public necessity requires a right of way for
public access to any great pond within the commonwealth, the
division of waterways and public lands of the department of
public works and the attorney general or a representative desig-
nated by him sitting jointly shall hold a public hearing and
receive such evidence thereon as may be presented to them.
The joint board may make such additional investigation as it
deems desirable and if it appears to said board that such a right
of way exists it shall present a petition to the land court for
registration of the easement. If it appears that no right of way
exists it shall submit a report, together with recommendations
thereon, to the general, court on or before January first of the
pp^y following year. This section shall not apply to any body of
water used as a source of water supply by the commonwealth
or by any town or district, or water company, nor shall it affect
the right of the commonwealth or any town or district or water
company to the use and control of the waters of any such pond
for the purposes of a water supply, nor shall it affect or diminish
any existing right to the use of the water of any such pond for
mercantile or manufacturing purposes.

Approved May 24, 1923.

Not applicable
to water su
sources, etc

Acts, 1923. — Chap. 454. 457

An Act to provide funds toward the cost of construc- (Jhn^ 454

TION and maintenance OF HIGHWAYS AND BRIDGES BY ^'

MEANS OF AN EXCISE TAX ON GASOLINE AND OTHER FUEL
USED FOR PROPELLING MOTOR VEHICLES UPON OR OVER THE
HIGHWAYS OF THE COMMONWEALTH.

Be it enacted, etc., as follows:

Chapter 454, Acts of 1923.
Referendum petition filed May 28, 1923.
See page 598.

oinerwise requires: —

(a) "Commissioner", the commissioner of corporations and
taxation.

(6) "Motor vehicle" shall include any vehicle propelled by
an}' power other than muscular, except boats, tractors used ex-
clusively for agricultural purposes and such vehicles as run only
on rails or tracks.

(c) "Distributor" shall include any person who imports or
causes to be imported fuel, as herein defined, for use, distribution
or sale in the commonwealth ; and also any p)erson who produces,
refines, manufactures or compounds fuel, as herein defined,
within the commonwealth.

(d) "Fuel" shall include gasoline, benzol or other products
suitable for use in propelling motor vehicles using combustion
type engines upon or over the highways of the commonwealth.

(c) "Purchaser" shall include, in addition to its usual mean-
ing, the distributor in the case of a transfer of fuel by a distributor
into a motor vehicle, or into a receptacle from which fuel is
supplied by him to his own or other motor vehicles.

(/) "Sale" shall include, in addition to its usual meaning, the
transfer of fuel by a distributor into a motor vehicle or into a
receptacle from which fuel is supplied by him to his own or other
motor vehicles.

(g) "Board of appeal", the board of appeal from decisions of
the commissioner of corporations and taxation provided for by
section twenty-one of chapter six.

(h) The verb "to sell" in all of its moods and tenses shall
refer to a sale as herein defined.

Section 2. The commissioner, upon application of any person, Licensing of
may grant to him a license as distributor permitting him to con- g^oTine*and°^
tinue or engage in business as a distributor in the commonwealth, other motor
No distributor shall make any sale of fuel in the commonwealth,
except a sale which is exempt under the constitution and laws
of the United States, without such a license; provided, that the Proviso.
foregoing pro^"ision shall not apply to a distributor engaged in

456

Acts, 1923. — Chaps. 452, 453.

Removal, etc.,
for crime of
larceny, em-
bezzlement,
etc.

ment in the state prison for not more than ten years or by a fine
of not more than five thousand dollars and imprisonment in jail
for not more than two years; and an executive, county other
than judicial, or municipal officer who is finally convicted of
committing, in connection with the performance of the duties of
such office, the crime of larceny, embezzlement or obtaining
money under false pretences shall, in addition to the penalty

^A U.r loTTr 4?^,. +h

Ck -niTn

ioVi7-nAn+ nt cii/-«li r'vimp forfeit his

irom commu-

tax °" °^ ^'"^"^^ sixty-five of chapter sixty-three of the General Laws during the
years nineteen hundred and twenty-four to nineteen hundred
and twenty-eight, inclusive. Nothing herein contained shall be
construed to relieve any such street railway or electric railroad
company from filing the annual returns required by section
sixtj^-one of said chapter sixty-three. Approved May 24, 1923.

G. L. 91, new

section after

S 18.

Right of way

for public

access to great

ponds.

Chap. 4:53 An Act to provide access for the public to great ponds.

Be it enacted, etc., as follows:

Chapter ninety-one of the General Laws is hereby amended
by inserting after section eighteen the following new section: —
Section 18 A. Upon petition of ten citizens of the commonwealth
that in their opinion public necessity requires a right of way for
public access to any great pond within the commonwealth, the
division of waterways and public lands of the department of
public works and the attorney general or a representative desig-
nated by him sitting jointly shall hold a public hearing and
receive such evidence thereon as may be presented to them.
The joint board may make such additional investigation as it
deems desirable and if it appears to said board that such a right
of way exists it shall present a petition to the land court for
registration of the easement. If it appears that no right of way
exists it shall submit a report, together with recommendations
thereon, to the general, court on or before January first of the
to'wato s^uppty following year. This section shall not apply to any body of
water used as a source of water supply by the commonwealth
or by any town or district, or water company, nor shall it affect
the right of the commonwealth or any town or district or water
company to the use and control of the waters of any such pond
for the purposes of a water supply, nor shall it affect or diminish
any existing right to the use of the water of any such pond for
mercantile or manufacturing purposes.

Approved May 24, 1923.

sources, etc.

Acts, 1923. — Chap. 454. 457

An Act to provide funds toavard the cost of construc- QJid^ 454

TION and maintenance OF HIGHWAYS AND BRIDGES BY ^'

MEANS OF AN EXCISE TAX ON GASOLINE AND OTHER FUEL
USED FOR PROPELLING MOTOR VEHICLES UPON OR OVER THE
HIGHWAYS OF THE COMMONWEALTH.

Be if enacted, etc., as follows:

The General Laws are hereby amended by inserting after g. l. new
chapter sixty-four, under the title, " Taxation of Sales of Gasoline f^l^^l gf ^"^
and Certain Other Motor Vehicle Fuel", the following new
chapter: —

Chapter 64-A.

taxation of sales of gasoline and certain other motor
vehicle fuel.

Scctio7i 1. The following words and phrases, as used in this Definitions.
chapter, shall have the following meanings unless the context
otherwise requires : —

(a) "Commissioner", the commissioner of corporations and
taxation.

(h) "Motor vehicle" shall include any vehicle propelled by
any power other than muscular, except boats, tractors used ex-
clusively for agricultural purposes and such vehicles as run only
on rails or tracks.

(c) "Distributor" shall include any person who imports or
causes to be imported fuel, as herein defined, for use, distribution
or sale in the commonwealth ; and also any person who produces,
refines, manufactures or compounds fuel, as herein defined,
within the commonwealth.

{d) "Fuel" shall include gasoline, benzol or other products
suitable for use in propelling motor vehicles using combustion
type engines upon or over the highways of the commonwealth.

{e) "Purchaser" shall include, in addition to its usual mean-
ing, the distributor in the case of a transfer of fuel by a distributor
into a motor vehicle, or into a receptacle from which fuel is
supplied by him to his own or other motor vehicles.

{g) "Board of appeal", the board of appeal from decisions of
the commissioner of corporations and taxation provided for by
section twenty-one of chapter six.

(A) The verb "to sell" in all of its moods and tenses shall
refer to a sale as herein defined.

Section 2. The commissioner, upon application of any person. Licensing of
may grant to him a license as distributor permitting him to con- gasoiine*and°^
tinue or engage in business as a distributor in the commonwealth, other motor
No distributor shall make any sale of fuel in the commonwealth,
except a sale which is exempt under the constitution and laws
of the United States, without such a license; provided, that the Proviso.
foregoing pro\ision shall not apply to a distributor engaged in

458

Acts, 1923. — Chap. 454.

Distributors to
keep record of
sales, etc.

To deliver
written state-
ment to pur-
chasers, etc.

Form, preserva-
tion and in-
spection of
records, etc.

Distributors to
file monthly
returns of sales
with commis-
sioner of cor-
porations and
taxation.

To pay excise
for account of
purchaser.

Determination
of amount of
excise upon
failure to file
return, etc.

Appeal.

Notice to de-
linquent dis-
tributor.

Penalty for
failure to file
returns.

business as such in the commonwealth at the time this chapter
takes effect until after the expiration of sixty days there-
from.

Section 3. Every distributor shall keep a complete and
accurate record of all sales of fuel, including the name and ad-
dress of the purchaser, the place and date of delivery and the
number of gallons, and a complete and accurate record of the
number of gallons imported, produced, refined, manufactured
or compounded and the date of importation, production, refining,
manufacturing or compounding. Every distributor shall also
deliver with ever^^ consignment of fuel to a purchaser within
the commonwealth a written statement containing the date of
purchase, the names of purchaser and seller, and the number of
gallons delivered, and shall retain a duplicate of each such state-
ment. Said records and said written statements shall be in such
form as the commissioner shall prescribe, and shall be preserved
by said distributors and said purchasers, respectively, for a
period of one year and shall be offered for inspection at any time
upon oral or written demand by the commissioner or his duly
authorized agents.

Section 4- Every distributor shall, on or before the fifteenth
day of each month, file with the commissioner a return under
oath, on forms to be furnished by the commissioner, stating the
number of gallons of fuel sold by him in the commonwealth
during the preceding calendar month, and said return shall con-
tain or be accompanied by such further information as the com-
missioner shall require. On or before the fifteenth day of each
month next succeeding the filing with the commissioner of said
return, each distributor shall pay to the commissioner for the
account of the purchaser an excise of two cents on each gallon
of fuel sold by him in the commonwealth during the calendar
month covered by the return.

Section 5. If a distributor, having failed to file a return, or
having filed an incorrect or insufficient return without reasonable
excuse, fails to file an original or corrected return, as the case
may require, within twenty days after the giving of notice by
the commissioner of his delinquency, the commissioner shall de-
termine the amount due, at any time within one year after the
making of the earliest sale included in such determination. The
distributor may appeal from his decision within ten days there-
after to the board of appeal, whose decision shall be final. The
commissioner, or in case of appeal, the board of appeal, ha^'ing
made such determination, shall give notice to the delinquent
distributor of the amount determined to be due, and the dis-
tributor shall within thirty days after the giving of such notice
pay to the commissioner the amount so determined.

Section 6. A distributor who fails to file a return to the com-
missioner as required by section four, or a corrected return as
required by section five, shall forfeit to the commonwealth, and
shall pay to the commissioner on demand the sum of five dollars
for each day of delay after written notice by the commissioner
of such failure. The commissioner may remit a part of said
penalty.

Acts, 1923. —Chap. 454. 459

Secti07i 7. Unless othcnvise provided l)y tlie rules or regula- rtpimhursement
tions of the couunissioner made under authority of this section, "isoHne', etc.
any person who shall bu\- any fuel, on which an excise has been taxed is con-
paid or is chargeai)le under this chapter, and shall consume the ner other than
same in any manner except in the operation of motor vehicles i"o'tOT vehiciel
upon or over the highways of the commonwealth, shall be reim- o^er highways,
bursed the amount of said excise in the manner and subject to
the conditions herein provided. All claims for reimbursement
shall be made by affidavit in such form and containing such
information as the commissioner shall prescribe, and shall be
accompanied by original invoices or sales receipts, and shall be
filed with the commissioner within ninety days from the date of
purchase or invoice. The commissioner may require such further
information as he shall deem necessary for the determination of
such claims, and shall transmit all claims approved by him to
the state treasurer, who shall repay to the claimant from the
proceeds of the excise tax levied under this chapter the amount
approved by the commissioner, without specific appropriation.
The commissioner shall provide by reasonable rules or regula- Rules and
tions for the sale of fuel, free of the excise imposed by this safe't'free'o/*"^
chapter, by any person, other than a distributor, to the ultimate excise in car-
purchaser upon the receipt of a written statement, signed by
such ultimate purchaser, that such fuel is intended to be con-
sumed in some manner other than in the operation of motor
vehicles upon or over the highways of the commonwealth, and
if such excise has already been paid or is chargeable, for the
reimbursement of the person so selling such fuel, to the amount
of such excise.

Section 8. No provision of this chapter shall apply or be con- Not appii-
strued to apply to foreign or interstate commerce, except in so efiil'or°inter-
far as the same may be permitted under the provisions of the state com-
constitution and laws of the United States. e^c!^''^' ^^''^^ '

Section 9. Except as otherwise provided in the second para- Tax to be borne
graph of section seven, the tax in every instance shall be borne ^^ purchasers.
by the purchaser, and no person offering fuel for sale shall sell, fateiVfrom tax
advertise or offer for sale said fuel separately from the tax forbidden.
. herein imposed. For any violation of this section, the permit Penalty.
to keep and sell crude petroleum or any of its products, issued
by the state fire marshal or his agent, shall be suspended by the
said marshal on request of the commissioner for such time as
said commissioner deems proper.

Section 10. Sums due to the commonwealth under this chapter Recovery of
as excise or as penalties or forfeitures may be recovered by the tiesfe'ta^'^^'"
attorney general in an action brought in the name of the com-
missioner. The commissioner may suspend the license of a dis- Suspension of
tributor for violation of any provision of this chapter, but the lice^es!'"'^^*
distributor may appeal from his decision within ten days there-
after to the board of appeal, whose decision shall be final.

Section 11. Any distributor or purchaser of fuel who violates Penalty for
any provision of this chapter, or who files any false return, f'a°se retm-'na,
affidavit or statement, shall be punished by a fine of not more etc
than one thousand dollars or by imprisonment for not more
than one year, or both.

460

Acts, 1923. — Chap. 455.

Supreme ju-
dicial court
may restrain
collection of
excise upon
certain ex-
empted sales.

Disposition of
sums received
as excise,
penalties, etc.

Gasoline-High-
way Fund.

Distribution of
part to cities
and towns for
construction,
etc., of public
ways.

Appropriation
of part for ex-
penditure by
department of
public works.

Section 12. The supreme judicial court shall have jurisdiction
in equity to restrain the collection, upon any sale exempted by
the constitution and laws of the United States, of the excise im-
posed by this chapter. Said bill shall be brought against the
commissioner, whether the question of the collection of the excise
is in the hands of the attorney general or pending before the
board of appeal or is still in the hands of the commissioner.

Section 13. All sums received under this chapter as excise,
penalties or forfeitures, interest, costs of suit and fines shall be
paid into the treasury of the commonwealth, and shall be
credited to a fund to be known as the Gasoline-Highway Fund.
Out of said fund there shall be paid all refunds payable under
this chapter and such sums as shall be annually appropriated to
defray the expenses of carrying out the provisions of this chapter.
The balance remaining in said fund, after deducting such amount
as may be deemed necessary to provide for outstanding refund
liability, shall be divided annually as follows : —

(1) Fifty per cent of such balance shall be distributed to the
cities and towns of the commonwealth in proportion to the
amounts which they contribute to the state tax, and shall be
expended by said cities and towns on construction or permanent
improvement of public ways within their limits, except that any
town which receives in any year a distributive share of less than
one thousand dollars may expend such share, in such manner as
the selectmen approve, on highways within its limits.

(2) Fifty per cent of such balance shall be annually appro-
priated by the general court for expenditure by the department
of public works on such highways as it may select.

Approved May 24, 1923.

ChavA55 ^^ ^^'^ authorizing lever brothers company to main-
tain A BRIDGE OVER BURLEIGH STREET IN THE CITY OF CAM-
BRIDGE.

Lever Brothers
Company may
build and
maintain a
bridge over
Burleigh street
in city of
Cambridge.

Revocation of
permit.

Dimensions,
etc.

Be it etiacted, etc., as follows:

Section 1. Upon petition, after seven days' notice inserted
in at least one newspaper published in the city of Cambridge
and a public hearing thereon, the city council of said city may,
by a two thirds vote, with the approval of the mayor, issue a
permit to Lever Brothers Company of Cambridge, its successors
and assigns, to build and maintain a bridge over Burleigh street
in said city, for the purpose of connecting the buildings owned
and occupied by said company on said Burleigh street. Said
permit shall be granted upon such conditions and subject to such
restrictions as the city council may prescribe. Any permit so
issued may be revoked by vote of said city council, with the ap-
proval of the mayor.

Section 2. Any bridge built under a permit granted as
aforesaid shall be constructed and maintained at a height not
less than twenty-seven feet, six inches above the grade line of
said street, and shall not be more than twenty feet in width,
and no part of said bridge or its supports shall rest on the surface
of the street.

Acts, 1923. — Chaps. 456, 457. 461

Section 3. If a person sustains bodily injury or damage in i);images, how
his property by reason of the construction or maintenance of ■'''"'O^'ered . etc.
said bridge, he may recover damages therefor in an action of
tort brought in tlie superior court against said Lever Brothers
Company, or its successors or assigns, witliin one year after the
date of such injury or damage; provided, that such notice of Proviso.
tJie time, place and cause of the said injury or damage be given
to said Le^•er Brothers Company, or its successors or assigns,
by, or on behalf of, the persons sustaining the same as is, under
the provisions of chapter eighty-four of the General Laws, valid
and sufficient in cases of injury or damage sustained by reason
of a defect or a want of repair in or upon a way, if such defect
or want of repair is caused by or consists in part of snow or ice,
or both. The remedy herein provided shall not be exclusive,
but sliall be in addition to any other remedy provided by law.

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

Approved May 25, 1923.

An Act validating the annual town meeting of the QJidp 45Q

TOWN OF NORTH ANDOVER IN THE CURRENT YEAR.

Be it enacted, etc., as foUoios:

Section 1 . The acts and proceedings of the town of North Annual town
Andover at the annual town meeting, or any adjournment ^wn of North
thereof, in the current year, and all acts done in pursuance ^"'^0'^'='' ^'*'»-
thereof, are hereby confirmed and made valid, to the same ex- ' ' .
tent as if the said meeting had been called, held and conducted
in strict compliance with law.

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

Approved May 25, 1923.

An Act concerning the improvement of low lands and Cha'p.457

SWAMPS.

Whereas, It is important and for the public interest that Emergency
immediate action should be taken to facilitate the formation p''*^'^™
and operation of drainage or reclamation districts and to define
their powers, therefore this act is hereby declared to be an
emergency law, necessary for the immediate preservation of the
public convenience.

Be it enacted, etc., as follows:

Section L Chapter two hundred and fifty-two of the Gen- g. i,. 252, etc.,
eral Laws, as amended by chapter three hundred and forty-nine in pfJce^of sec^
of the acts of nineteen hundred and twenty-two, is hereby ^'°"® ^ *° ^*'^-
further amended by striking out sections one to fourteen A, in-
clusive, and inserting in place thereof the following sixteen new
sections : —

Section 1. If it is necessary or useful to drain or flow a meadow, improvement
swamp, marsh, beach or other low land held by two or more andTwamps.
proprietors, or remove obstructions in rivers or streams leading
therefrom, such improvements may be made as provided in the
fifteen following sections.

462

Acts, 1923. — Chap. 457.

State Recla-
mation Board,
membership.

No additional
compensation.
Investigations,
etc., by board.

Annual report.
Employment
of engineers,
agents, etc.

Expense allow-
ances.

Petition to
board for for-
mation of
reclamation
district, etc.

Investigations
and su^^'eys
of land to be
affected, etc.

Notice of peti-
tion by publi-
cation, etc.

Hearing.

District com-
missioners, ap-
pointment, etc.,
to form recla-
mation district.

Compensation
and expenses
of commis-
sioners.

Section 2. One member of the department of public health
designated by it, and one member of the department of agri-
culture designated by it, shall constitute the State Reclamation
Board, in the fourteen following sections called the board.
Members thereof shall receive no additional compensation.

Section 3. The board may investigate the question of utilizing
wet lands, including meadows, swamps, marshes, beaches and
other low lands, and may ascertain what lands, if any, may
advantageously be drained for agricultural or industrial uses,
the protection of the public health, the utilization of deposits
therein, or for other purposes. It may publish and disseminate
facts of general interest ascertained in the conduct of any such
investigation, and may make and publish surveys of tracts of
land in need of drainage, showing their situation, areas and
outlets, the best methods and the cost of draining them, the uses
to which they are best adapted, and such other details as it
deems advisable. It shall make an annual report.

Section 4- In carr3dng out the provisions of sections one to
fourteen B, inclusive, the board may employ necessary engineers,
assistants or other agents, who may enter on land which the
board desires to survey or examine. The board shall also be
allowed other necessary expenses incurred in the performance of
its duties.

Section 5. The proprietors of any area described in section
one or a majority in interest either in value or area, may petition
the board setting forth their desire to form a reclamation dis-
trict, as provided in the following section, stating the proposed
name of said district, the necessity or desirability of the same,
the objects to be accomplished, and a general description of the
lands proposed to be affected, together with the names of known
owners of said lands. Upon the receipt of said petition the board
shall proceed at the expense of the commonwealth to make
such investigations and such surveys of the land to be affected
by the proposed improvements as may be necessary to determine
the need of such improvements, the probable benefit to the
public health, the agricultural and other uses to which the land
can be put after such improvements, its probable value for such
uses after the improvements are completed, and in general the
practicability and advisability of undertaking the proposed im-
provements. If such improvements appear to the board to be
desirable and practicable the board shall give notice of the
petition therefor by publication in a newspaper published in the
county where the greater part of the land lies and by registered
mail to each known proprietor, stating the date of a hearing to
be held by the board not less than seven days after the publica-
tion of said notice and the date of mailing notices to the pro-
prietors. After the hearing, if the board approves the proposed
improvements it shall issue a certificate appointing three, five
or seven district commissioners who shall be sworn to the faithful
performance of their duties and shall authorize said commis-
sioners to form a reclamation district under the following section.
The board shall fix the compensation of said commissioners,
which shall not exceed five dollars for each day of actual service,

Acts, 1923. — Chap. 457. 463

and shall allow them their necessary traveling expenses incurred
in the performance of their duties. Such compensation and ex-
penses shall be paid by the district and shall be a part of the
total expense of the improvements.

Any commissioner may be removed by the board for cause Removal, etc,
and the board may fill vacancies. Said commissioners may be o/commis-
retired by the board when the objects for which they were ap-
pointed have been accomplished. For the purpose of this and MortCTKor,
the eleven following sections, a mortgagor or mortgagee in pos- sion deemecf^'
session shall be deemed a proprietor. proprietor.

Section 6. The district commissioners, in this and the ten Meeting for
following sections called the commissioners, after being sworn, ganfz'ing^lcra-
shall call a meeting of the proprietors of the lands to be im- mation district,
proved, by giving in such manner as the board may order, a caned^°etc.
notice to each known proprietor, signed by the commissioners
and setting forth the time and place of a meeting for the purpose
of organizing a reclamation district to carry out the proposed
improvements and maintain the same after they are completed.
The notice shall be in the form of a warrant specifying the
matters upon which action is to be taken at the meeting. Such
meeting shall have no power to act unless proprietors constituting
a majority in interest either in value or area are present. The Temporary
chairman of the commissioners or another commissioner desig- officers°^
nated by him shall preside until a clerk is chosen and sworn and
the clerk shall preside until a moderator is chosen. After the Choice of
choice of a moderator the question of the acceptance of sections "moderator
one to fourteen B, inclusive, and the organization of a reclama- acceptance of
tion district shall be submitted to the proprietors present and and'or^if-*"*^^
if a majority of those present and voting vote to accept and to ization^of dis-
organize such district the provisions of said sections shall take submitted, etc.
full effect. The vote shall be recorded and a copy thereof shall Record of
be filed with the board. The meeting may then proceed to act ^° **■ ® '^'
upon the other articles, if any, contained in the warrant. Such District clerk
district shall at the same meeting elect by ballot a district clerk trlasurerjeiec-
and a district treasurer, who may be the same person, to hold t'o^' term, etc.
office until one year from the succeeding annual meeting and at
each annual meeting after the first a clerk and treasurer shall be
elected by ballot for one year. There shall also be elected by Prudential
ballot a prudential committee of three members who shall hold ere™ k)nf term,
office, one for three years, one for two years, and one for one etc
year, from the next succeeding annual meeting. At each annual
meeting after the first a member of said committee shall be
elected by ballot for three years. The aforesaid officers of the officers to hold
district shall hold office until their successors are elected and cf^ded ""^ ^"*^
qualified.

Subsequent meetings of the district shall be called by the Subsequent
clerk at the request of the commissioners or any two or more ^istricf^ow
proprietors, or, in case the clerk neglects or refuses to call a called, etc
meeting when so requested such meeting may upon application
by said commissioners or two or more proprietors be called upon
a warrant from a justice of the peace directed to one of the
applicants and requiring him to give notice of said meeting as
hereinafter provided. Notices of meetings shall be given by Notices.

464

Acts, 1923. — Chap. 457.

Moderator to
be chosen at
each meeting,
etc.

Officers to be
sworn.

Vacancies, how
filled, etc.

Powers of pru-
dential com-
mittee.

Treasurer,
bond, duties,
etc.

Temporary
treasurer to
give bond.

District may
adopt by-laws.

To have neces-
sary rights and
powers, etc.

Members to be
proprietors,
etc.

Restrictions as
to dissolution.

Surveys, plans,
etc., for im-
provements.

Estimation of
expense and
determination

posting copies of the warrant in two or more public places
within the district or by mailing copies of said warrant to each
known proprietor at least seven days before the time set for the
meeting. At each meeting a moderator shall be chosen who shall
have the powers of the moderator of a town meeting so far as
may be necessary. The clerk shall preside at each meeting
after the first until a moderator is chosen.

The officers of the district shall be sworn to the faithful
performance of their duties. Any vacancy occurring in the
office of clerk, treasurer, or member of the prudential committee
may be filled by the district for the remainder of the unexpired
term at any legal meeting called for the purpose, or in case of a
vacancy in the office of clerk or treasurer or disability affecting
either of said officers the prudential committee may appoint a
person to fill said vacancy until an election can be held or the
disability is removed. Such temporary appointee shall be sworn
and shall perform the duties of the office to which he is appointed
during his tenure thereof.

The prudential committee shall have charge of expenditures
on account of the district for maintenance of the improvements
made under sections one to fourteen B, inclusive, and shall
exercise the authority conferred upon the district by law except
as otherwise expressly provided, and subject to the by-laws of
the district and such instructions, rules and regulations as the
district may impose by its vote.

The treasurer shall give bond for the faithful performance of
his official duties in a sum and with sureties approved by the
prudential committee. He shall receive all money belonging to
the district except as otherwise specified in this and the ten fol-
lowing sections and shall make payments and account for the
same in accordance with the requirements of sections one to four-
teen B, inclusive, and of chapter forty -four so far as applicable,
under direction of the district or of the prudential committee. A
temporary treasurer appointed to fill a vacancy, as above pro-
vided, shall give bond in the same manner as the treasurer.

A district organized under the pro\'isions of this section may
adopt by-laws consistent with the laws applicable to such dis-
trict and subject to the approval of the board. It shall have
such rights and powers as may be necessary and proper for
operating and maintaining the improvements made by the com-
missioners, and for making, operating and maintaining such
further improvements as may be authorized under section four-
teen A. The members of the district shall be the proprietors
from time to time of lands l^'ing therein. No such district shall
dissolve without specific authorization by the general court,
which shall not be given until provision has been made for pay-
ment of the obligations of said district.

Section 7. As soon as the district shall have been organized
under the provisions of the preceding section the commissioners
shall, under the direction of the board, cause the necessary sur-
veys and investigations to be made and shall prepare a plan for
the impro^•ements to be effected. On the basis of such surveys
and investigations the commissioners shall prepare an estimate

Acts, 1923. —Chap. 457. 465

of tJic total expense of the proposed impro\ements and shall dc- of percentage
termine the percentage of such expense to be paid by each pro- eadT proprietor.
prietor, based on the estimated special benefit to his land in
excess of the damage thereto by the use thereof for the proposed
improvements. If such damage to the land of any proprietor
exceeds the special benefit thereto the^^ shall award him damages
for such excess. They shall report their plan, estimate and de-
termination to the board, which shall approve, disapprove or
modify such plan and estimate. The commissioners shall also N9tice to pro-
notify each proprietor of such determination by delivering a sulfh°det°r-
copy thereof at his residence or by sending the same by registered mination.
mail to his last known address and shall certify to the board the
date on which such notice is given. If any proprietor is aggrieved uporf fiiinrof
by the determination of the commissioners he may, within fifteen objections by
daj's after notice thereof, file with the board his objections p''°p"® °^^'
thereto and if no such objections are filed by any proprietor
within the fifteen days above specified then the determination
of the commissioners shall be final. The board shall, within
thirty days after receiving notice of objections by any proprietor
against the determination, notify all the proprietors that such
objections have been received and shall hold a hearing thereon, Hearing.
but such hearing shall not be held within seven days after notice
is given to all the proprietors that objections have been filed.
If objections are made by more than one proprietor all such
objections shall be considered in one hearing. After such hearing
the board may confirm or modify the determination and shall
notify the proprietors of its decision. If any proprietor is dis- Appeal to
satisfied with the action of the board he maj^ petition the superior for^rel'^sion^of'
court in the county in which the greater part of the land included decision.
within the district is situated, making all the proprietors who
have not joined in his petition parties respondent and praying
for a revision of such decision, provided that such petition shall Proviso.
be entered not later than thirty days after notice of the decision.
The court sitting without jury shall hear the petition and shall
confirm or alter the percentages previously determined to be
payable by any or all said proprietors, as justice may rec^uire.
Such petition shall not operate to suspend or delay other pro- other pro-
ceedings by the board or commissioners on the land to be im- noT'to°be sus-
proved. The expenses incurred under this section shall constitute pended, etc.
a part of the total expense of the improvements and shall be deTtwrsection,
paid by the district in the same manner as the remainder of such ^ow paid.
expense.

Section S. The board shall determine what part, if any, of ftate"of*art
the expense of the improvements shall be paid by the common- of expense, etc.
wealth for the benefit of the public health. It shall annually in Annual esti-
its estimates, filed under section three or four of chapter twenty- Coand, etc.
nine, include items to cover the requirements of reclamation
districts under the provisions of sections one to fourteen B, in-
clusive.

Section 9. As soon as possible after the estimate of the ex- Meeting to de-
pense of the proposed improvements has been made by the method°of
commissioners and reported to the board, said commissioners financing im-
shall request the clerk to call a meeting of the district for the

466

Acts, 1923. — Chap. 457.

Petition to
county com-
missioners to
pay expense in
first instance.

Counties may
issue bonds,
etc.

District may
vote to finance
improvements
ijy one of three
methods.

By assessment.

By temporary
loan.

By issue of
notes or bonds.

purpose of deciding upon a method of financing such improve-
ments. If the district so votes the commissioners shall petition
the county commissioners of tlie county where the greater part
of the land lies, annexing a certified copy of the petition under
section five and of the determination of the board thereon, and
a statement of the estimated expense of the proposed improve-
ments and shall request the county commissioners to vote to
pay in the first instance the total expense involved in making
the improvements approved by the board, and the said county
commissioners may so vote. To defray any expense incurred
by said county commissioners under such vote, the county
treasurer, with the approval of the county commissioners, may
issue bonds or notes of the county to an amount not exceeding
such expense, payable in such period, not exceeding twenty-five
years from their dates of issue, as the county commissioners may
determine. Such bonds or notes shall be signed by the county
treasurer and countersigned by a majority of the county com-
missioners. The county may sell the said securities at public
or private sale upon such terms and conditions as the county
commissioners may deem proper, but not for less than their par
value. The first pa^mient on account of the principal may, if
the county commissioners so decide, be deferred for not more
than five years after the date of issue of the bonds or notes, but
such bonds or notes shall be subject to the provisions of chapter
thirty-five except as otherwise provided herein. Payments on
account of principal and interest shall be made by the county
and repaid to the county by the district.

Section 10. The district may, instead of instructing the com-
missioners to petition the county commissioners as provided in
the preceding section, vote to finance the expense of the improve-
ments in accordance with any one of the three methods herein-
after specified. (1) If all the members of the district agree, the
district may raise by assessments upon the proprietors or by
voluntary contributions and deposit with the state treasurer
the total sum required to meet the estimated expense of the im-
provements. Such deposits shall be held by the state treasurer
to the credit of the district, and payments shall be made there-
from as provided in section fourteen. (2) The district may pay
the whole expense of the improvements from time to time as the
work is performed and for this purpose may incur debt for a
temporary loan in anticipation of the collection of assessments
from the members of the district during the calendar year in
which said debt is incurred or during the next succeeding calendar
year. (3) The district may incur debt to the amount necessary
to pay the estimated expense of the proposed improvements and
may issue therefor notes or bonds, and may, if the board ap-
proves, issue notes or bonds on the condition that the first pay-
ment on account of the principal shall be deferred for a period of
not more than five years from the date of issue of such notes or
bonds and that the whole amount of such debt shall be paj^able
within a period of not more than twenty -five years after such
notes or bonds are issued.

Acts, 1923. — Chap. 457. 467

Tn(l(>l)tcclncss incurred by the district under the provisions of [^"' jj'^'f^fj'j''*^
this section or of section fourteen A shall be su])ject to chapter regulated.
forty-four and to other provisions of the general laws applicable
to notes and bonds of towns and districts except as otherwise
pro^•ided in sections one to fourteen B, inclusive. Money re- Deposit of re-
ceived from the sale of notes or bonds issued under this section fiondl/etc"
shall be deposited with the state treasurer and held by him to ^Hh state '
the credit of the district. If the district issues notes or bonds ReTempdon of
before an appropriation is made by the general court to pay bonds, etc.,
that part of the cost of the improvements determined to be for adra for^ISte 's
the benefit of the public health the state treasurer may, in his ^pj'j^sefetc.'
discretion, after such appropriation is made, make all or any part
of the same available to redeem notes or bonds of the district
and shall hold the balance, if any, to the credit of the district to
be used for pavment of the expense of the improvements. If, Payment hy
after payment of the total expense of the improvements, money of balance due
remains in the hands of the state treasurer to the credit of the ^'«tnct, etc.
district the same shall be paid to the treasurer of the district and
shall be used to redeem outstanding notes or bonds which shall
be cancelled by said district treasurer and not reissued.

Section 11. The clerk of the district shall certify to the Assessments
assessors of the town or towns in which the land of the district prietore,°coi-
lies all sums of money voted to be raised and all sums payable lection, etc
annually on account of the principal and interest due on bonds
or notes issued under the provisions of section nine or ten, and
shall also certify to said assessors the proportion to be paid by
each proprietor according to the determination made under sec-
tion seven. The amount so certified shall be added to the annual
tax bill and collected in the same manner as the town tax and
shall be paid over to the district treasurer by the collector of
taxes in each town. The collector of taxes of a town in which
any part of a reclamation district is situated shall have the same
powers and perform the same duties relative to the collection of
assessments hereunder as he has and exercises relative to the
collection of town taxes. An assessment made hereunder shall . j^l^^^^^'^g^^^^"
be a lien upon the land of the proprietor assessed therefor; pro- proviso,
vided, that the provisions of section two of chapter eighty with
respect to the filing of a description, plan and estimate are com-
plied with by the commissioners or the prudential committee,
as the case may be. In such case the lien shall take effect upon Lien, when to
the recording of the description, plan and estimate and shall take effect, etc.
continue for the same length of time as a lien for an assessment
made under said chapter eighty. The provisions of said chapter
eighty as to interest shall apply to assessments made hereunder.

Section 12. If sections one to seven, inclusive, have been com- Commissioners
plied with, and payment of the expense of the improvements improwments,
has been arranged under section nine or ten, the commissioners when, etc.
shall carry out said improvements in such manner as the board
may approve. The commissioners may employ suitable persons
to perform the work under their direction. So far as may be May take
necessary to effect the improvements as approved by the board, ^^ ^' ®''°'
the commissioners may take on behalf of the district, in the

468

Acts, 1923. —Chap. 457.

Recovery of
damages.

Commissioners
may open
flood gates,
etc.

Notice of in-
tention.
Appeal to sus-
pend proceed-
ings, etc.

Proviso.

Accounts and
vouchers for
expenses, in-
spection, pay-
ment, etc.

District may
vote to under-
take further
improvements,
etc.

By whom to be
carried out.

Approval of
plans, etc.

manner provided by chapter seventy-nine, lands, easements
and rights in lands, if tlie improvements are for a puljHc use,
and may purchase and convey real and personal property both
within and be^^ond the limits of the commonwealth. Any person
damaged in his property by any action under this or the follow-
ing section may recover his damages from the district in the
manner provided by said chapter seventy-nine and such damages
shall constitute a part of the total expense of the improvements.

Section IS. If the commissioners find it necessary or expedient
to lower or raise the water to obtain a view of the land or for the
more convenient or expeditious removal of obstructions, they
may open the flood gates of any mill or make other needful
passages through or around the dam thereof, or erect a tempo-
rary dam on the land of a person not a party to the proceedings,
and may maintain such dam or passages as long as necessary
for such purposes; but before so doing, they shall give to such
person reasonable written notice of their intention. If such
person appeals from their decision and gives reasonable written
notice thereof to any commissioner, the commissioners shall sus-
pend all proceedings upon his land until such appeal is deter-
mined; provided, that the petition therefor is entered in the
superior court for the county where the greater part of the land
improved lies not later than thirty days after the time of giving
such notice.

Section 14- The commissioners shall at least once a month at
such time as the board may require submit to said board the ac-
counts and vouchers for expenses incurred in accordance with
this chapter. Such accounts and vouchers shall be inspected by
the board and if the board approves the same it shall forward
them for payment to the county treasurer or to the state treas-
urer, as the case may be. Expenses for maintenance or for
further improvements incurred under direction of the prudential
committee of the district as provided in section fourteen A shall
be paid by the district treasurer on presentation by the pru-
dential committee of accounts and vouchers for such expenses.
The commissioners appointed under section fourteen A to make
further improvements shall present their accounts and vouchers
to the board for approval in the same manner as the commis-
sioners appointed under section five to make the original im-
provement.

Section I4A. A reclamation district organized under this
chapter may from time to time at a legal meeting called for the
purpose, vote to undertake further improvements within the
district, to raise money by assessment to meet the expense
thereof and to incur debt therefor in the manner provided by
section ten. Such vote shall not be passed until after comple-
tion of the original improvements. The district may also vote
to request the board to appoint commissioners to carry out the
proposed further improvements. Such commissioners shall be
appointed by certificate of the board as provided in section five.
The district may, however, authorize its prudential committee
to carry out such further improvements. The clerk of the dis-
trict shall notify the board of the vote taken and the commis-

Acts, 1923. — Chap. 458. 469

sioners or prudential committee shall submit to the board within

a reasonable time the plan or plans for such improvements,

which shall not be undertaken until the board approves the

same. The district may assess upon its members such sums as Assessments

may be necessary to pay for improvements so voted and for the "^"cUoXetc^'

maintenance of all improvements made under sections one to

fourteen B, inclusive, in the manner provided in section eleven

for assessment of the expense of the original improvements.

Such assessment shall be subject to the same provisions as the

assessment authorized in said section eleven, shall be collected

in the same manner and shall be paid to the treasurer of the

district.

Section I4B. No person obtaining an additional water power No prescriptive
or water supply by the doing of any work contemplated by sec- tionai*wattr'"
tions one to fourteen B, inclusive, shall gain a prescriptive right supply, etc
to the use thereof, nor be entitled to any compensation for the
taking thereof under said sections by the removal of any dam
or flashboards or by the changing of the height or dimensions
of any dam. No water power may be developed in a reclamation no water power
district organized under this chapter except by vote of the dis- ^"^'^ exclpt.
trict and approval by the board. etc.

Section 2. Any drainage district organized under the pro- Existing drain-
visions of said chapter two hundred and fifty-two, as previously how1;o*be*^'
existing, shall continue to be governed by such provisions and governed, etc
shall have the rights and powers and be subject to the duties
and liabilities therein prescribed unless it shall at a meeting
called for the purpose vote to dissolve, and after proper proceed- Dissolution
ings have been taken for dissolution, vote to reorganize as a ganization.
reclamation district in the manner provided by this act.. Such
dissolution shall not relieve said district from any financial
obligations previously incurred. After such reorganization the
district shall be subject to the provisions of said chapter two
hundred and fifty-two, as hereby amended.

Approved May 25, 1923.

An Act relative to the pensions of foremen, inspectors, nj.^^ Ar.Q

MECHANICS, DRAW TENDERS, ASSISTANT DRAW TENDERS AND "'

STOREKEEPERS IN THE EMPLOY OF CERTAIN CITIES AND TOWNS.

Be it enacted, etc., as follows:

Section 1. Paragraph (b) of section seventy-seven of g. l 32, § 77,
chapter thirty-two of the General Laws is hereby amended by amended,
striking out, in the twenty-first, twenty-second and twenty-third
lines, the words "or has accepted chapter one hundred and
seventy-nine of the acts of nineteen hundred and twenty", and
by striking out, in the twenty-sixth line, the word "four" and
inserting in place thereof the word: — five, — so that said para-
graph will read as follows : — (6) In any such city or town which Pensions of
accepts this paragraph by the city council or by the voters at a speXTrs' me-
town meeting, "laborer" shall include foremen, inspectors, me- tendeS'an'd^
chanics, draw tenders, assistant draw tenders and storekeepers, assistants, and

1 . 1 111* • i" J.U £ u storekeepers in

but no such person shall receive a pension oi more than live nun- employ of cer-
dred dollars a year. t^^wns'."^^ ^'"^

470

Acts, 1923. — Chap. 459.

Maximum
amount of
pension, etc.

Section 2. In any city or town which has accepted chapter
one hundred and seventy-nine of the acts of nineteen hundred
and twenty or which shall have accepted paragraph (b) of sec-
tion seventy-seven of chapter thirty-two of the General Laws
prior to the time this act takes effect, the maximum amount of
pension permitted thereunder to a foreman, inspector, mechanic,
draw tender, assistant draw tender or storekeeper shall, not-
withstanding the passage of this act, be four hundred dollars a
year, unless said city or town thereafter accepts said para-
graph (6). Approved May 25, 1923.

ChapA59 An Act relative to the militia.

Be it enacted, etc., as folloivs:

G. L. 33, § 86,
etc. sub-sect.
(b), amended.

State judge
advocate, sal-
ary, duties,
etc.

G. L. 33, § 100,
amended.

General officers
of the line in
militia, term
of office, etc.

G. L. 33, § 145,
sub-sect, (a),
amended.

Meetings of
officers and
non-commis-
sioned officers
of militia for
instruction.

No compensa-
tion.

Section 1. Section eighty-six of chapter thirty-three of the
General Laws, as amended by section two of chapter three hun-
dred and fifty-nine of the acts of nineteen hundred and twenty-
one, is hereby further amended by striking out sub-section (b)
and inserting in place thereof the following: — (b) Except when
ordered on duty under section twenty-nine or thirty, the state
judge advocate shall receive a salary of fifteen hundred dollars;
and shall examine and report in writing on all proceedings of
courts-martial requiring the action of the commander-in-chief
and, in matters referred to him by law or by the commander-
in-chief, shall be the legal adviser of the militia department of
the commonwealth and shall bring all necessary actions. He
shall perform such other duty as the commander-in-chief may
direct.

Section 2. Said chapter thirty-three is hereby further
amended by striking out section one hundred and inserting in
place thereof the following: — Section 100. The term of office
of general officers of the line shall be five years from the date of
appointment, and such officers shall be ineligible for reappoint-
ment in the same grade. The time during which such an officer
is in the service of the United States shall be excluded from, and
shall be in addition to, the term of office herein specified.

Section 3. Section one hundred and forty-five of said
chapter thirty-three is hereby amended by striking out sub-
section (a) and inserting in place thereof the following : — Sec-
tion 145. (a) Division and brigade commanders may, six
times in each year, call meetings for instruction of their staff
officers, including attached departmental officers, field officers,
adjutants, and captains of unattached companies of their com-
mands, at some convenient place within the limits of their di-
visions or brigades, or at such place as the commander-in-chief
may designate. The commanding officer of each regiment,
separate battalion or squadron, or of such other organization as
may be designated by the commander-in-chief, or of the first
corps of cadets, may call similar meetings of the officers and non-
commissioned officers of his command, including attached de-
partmental officers, six times in each year. No compensation
shall be allowed for attendance at such meetings, but the officers
and noncommissioned officers attending such meetings shall be

Acts, 1923. — Chap. 459. 471

provided with the necessary transportation, at the rates estab- Transportation
Hshed by laAv, when the distance traveled exceeds five miles. allowance.

Section 4. Said chapter thirty-three is hereby further g. l. 33, § i46,
amended by striking out section one hundred and forty-six and ^""^^ ® "
inserting in place thereof the following: — Section 146. Division visits by com-
and brigade commanders may visit the headquarters and com- fi'(!^rg_'e?c°f'of
panics of their commands whenever they deem it necessary for militia.
military instruction. The commanding officer of each regiment,
separate battalion or squadron, or of such other organization
as may be designated by the commander-in-chief, or of the first
corps of cadets, may visit the companies in his command six
times each year; field and staff officers, such companies as
they are ordered to visit by commanders of regiments, separate
battalions or squadrons, or of such other organizations as may
be designated by the commander-in-chief, six times each year;
brigade staff officers, including attached departmental officers,
when ordered so to do by their commanding officers, may visit
each company in their brigade once in each year. The senior
ordnance officer may visit competitions of company teams in
regimental, battalion, squadron and corps competitions, and
competitions of regimental, battalion, squadron and corps teams
in state matches. Mileage for such visits shall be allowed on Mileage ai-
receipt of returns therefor at the rate of six cents a mile each 'o^^ed.
way, the distance being computed by the line of the most direct
railway communication from the residence of the officers, or by
such route as may be approved by the commander-in-chief.

Section 5. Section one hundred and fifty-one of said chapter g. l. 33, § 151,
thirt^^-three is hereby amended by striking out sub-section (a) amended."
and inserting in place thereof the following: — Section 161. (a) Pay of militia
There shall be allowed and paid per diem to officers of the land ° ^^^^' ®'°'
forces, on rolls and accounts kept in such form as the commander-
in-chief may prescribe, for the duty prescribed by sections
twenty-one, twenty -nine, thirty and one hundred and thirty-
five, the same per diem pay as is received by officers of the
National Guard, when in federal service.

Section 6. Section one hundred and fifty-two of said chap- o. l. 33, § 152,
ter thirty-three is hereby amended by adding at the end thereof ^"i^"^^'^-
the following new paragraph: — (c) All claims for injury to Claims for
private property occasioned by members of the volunteer militia, '" te'^propwty
while in the performance of duty under the provisions of section '^y militia, in-

. j1', 1 11 11- n vestigation,

twenty -one, twenty-nme, thirty or one hundred and thirty -nve, payment, etc.

shall be inquired into by a board of three officers appointed by

the commander-in-chief. The board shall have the same power

to take evidence, administer oaths, issue subpoenas and compel

witnesses to attend and testify and produce books and papers,

and to pimish their failure to do so, as is possessed by a general

court-martial. The findings of the board shall be subject to the

approval of the commander-in-chief. The amount found due to

the owner of the property by the said board, to the extent that

its findings are approved by the commander-in-chief, shall be

paid from the fund established by the following section.

Section 7. Section one hundred and fifty-seven of said g. l. 33, § 157,
chapter thirty-three, as affected by section one of chapter four Lnendeci. " '

472

Acts, 1923. — Chap. 459.

Allowance for
travel, etc., to
officers and
soldiers of
militia.

G. L. 33, § 160,
etc., amended.

Allowance to
militia head-
quarters, etc.,
for certain
expenses.

G. L. 33, § 161,
amended.

Allowance for
repair, etc., of
uniforms and
incidental mill'
tary expenses.

G. L. 33, new
section after
§35.

hundred and forty-five of the acts of nineteen hundred and
twenty-two, is hereby amended by striking out paragraph (a) and
inserting in place thereof the following: — Section 157. (a) There
shall be allowed and paid to each officer and soldier required to
travel on duty, as follows: under sections twenty-one, twenty-
nine, thirty and one hundred and thirty-five, mileage at the
rates established by law computed by the most direct railroad
communication from the place where the headquarters of the
various commands and the armories of the companies are
situated and return, or by such route as may be approved by
the commander-in-chief; and when upon duty as a member or
judge advocate of any military court or board, or as a witness
or defendant before such court or board, when attending meet-
ings of officers and noncommissioned officers, as provided in
section one hundred and forty-five; when acting as a paymaster,
and in any case when obliged by orders of the commander-in-
chief to travel without troops, — six cents a mile each way,
computed by tjie most direct railroad communication from the
residence of the officer or soldier, or by such route as may be ap-
proved by the commander-in-chief.

Section 8. Said chapter thirty-three, as amended in section
one hundred and sixty by section two of chapter four hundred
and forty-five of the acts of nineteen hundred and twenty-two,
is hereby further amended by striking out said section one hun-
dred and sixty and inserting in place thereof the following: —
Section 160. There shall annual!}^ be allowed and paid, under
such regulations as may be promulgated by the commander-in-
chief, for postage, printing, stationery, care of property, equip-
ment, military expense, including clerical assistance: to each
division and brigade headquarters, one hundred and fifty dollars ;
to each regimental headquarters, twelve hundred dollars, and
fifty dollars for every company in the command; to each separate
battalion or squadron, and to each other organization designated
by the commander-in-chief, and to the first corps of cadets, one
hundred and fifty dollars for each company therein; and to each
company, five hundred dollars, and two dollars for each enlisted
man attached thereto or enrolled therein, not exceeding the
maximum enlisted strength allowed by law.

Section 9. Said chapter thirty-three is hereby further
amended by striking out section one hundred and sixty-one and
inserting in place thereof the following: — Section 161. There
shall annually be allow^ed and paid, under such regulations as
may be promulgated by the commander-in-chief, to each head-
quarters, department, corps and company, and to each other
unit designated by the commander-in-chief, the sum of two
dollars for each enlisted man, excepting bandsmen not mustered,
attached thereto or enrolled therein, not exceeding the maximum
enlisted strength allowed by law, the amount so paid to be ex-
pended in the repair and alteration of uniforms, or in defraying
the incidental military expenses of the several organizations.

Section 10. Said chapter thirty-three is hereby further
amended by inserting after section thirty-five the following new
section: — Section So A. Upon the termination of any service

Acts, 1923. —Chaps. 460, 461. 473

of the land or naval forces at the call of the sheriff of a county, Expense of
the mayor of a city or the selectmen of a town, under the seven ^'calf or^'°^
preceding sections, the adjutant general shall certify to the state sheriff, mayor
treasurer the expense of said service, and the state treasurer shall payment, etc.
thereupon assess said expense upon any such city or town as an
addition to its share of the state tax next to be assessed, or shall
collect said expense from the treasurer of any such county, as
the case may be.

Section 11. Said chapter thirty-three is hereby further g. l. 33, § i7g,
amended by striking out sub-section (a) of section one hundred amended.^"''
and seventy-six and inserting in place thereof the following: —
(a) All processes and sentences of said courts shall be executed Processes and
by an officer qualified to serve criminal process, and commit- courts-martial,
ment under said sentences may be made to any jail or house of ^°^ executed,
correction in the commonwealth. The master or keeper of the
jail or house of correction to which a person is sentenced shall
receive and detain him in the same manner as if he had been
sentenced by a civil court sitting in the county where such jail
or house of correction is situated. The necessary charges shall
be paid by the commonwealth on duplicate vouchers to be sub-
mitted to the adjutant general. Approved May 25, 1923.

An Act providing that school teachers in the city of Qhdj) 4gQ

BOSTON SHALL RECEIVE EQUAL PAY FOR THE SAME KIND AND "'

GRADE OF SERVICE, IRRESPECTIVE OF SEX.

Be it enacted, etc., as follows:

Section 1. In the establishment of salaries for school P°st°n school

tGiicnGrs to re—

teachers in the city of Boston there shall be no discrimination ceive equal pay
based on sex, but principals and teachers rendering the same Ind^^de^o"*^ '
kind and grade of service shall receive equal pay. This act service, irre-
shall not prevent any reasonable classification based upon
length of service.

Section 2. This act shall be submitted to the voters of the to be sub-
city of Boston at the municipal election in December of the ™'ter^o*f Bos-
current year in the form of the following question to be placed ton.
upon the official ballot : — " Shall an act passed by the general
court in the year nineteen hundred and twenty-three entitled
'An Act providing that school teachers in the city of Boston
shall receive equal pay for the same kind and grade of service,
irrespective of sex' be accepted?" If a majority of the voters
voting thereon vote in the affirmative, this act shall take effect
beginning with the fiscal year ending January thirty-first, nine-
teen hundred and twenty-five, but not otherwise.

Approved May 25, 1923.

An Act authorizing the town of deerfield to borrow (Jfidj) 4gl

MONEY FOR SCHOOL PURPOSES.

Be it enacted, etc., as follows:

Section 1 . For the purpose of purchasing or otherwise ac- Town of Deer-
quiring land and constructing thereon a high school, and pro- fo^y^^oney^or
viding for the original equipment and furnishing of said school, school purposes.

474

Acts, 1923. — Chap. 462.

Deerfield
School Loan,
Act of 1923.

the town of Deerfield may from time to time borrow such sums
as may be necessary, not exceeding, in the aggregate, one hun-
dred thousand dollars, and may issue notes or bonds therefor,
which shall bear on their face the words, Deerfield School Loan,
Act of 1923. 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 provided herein, be
subject to chapter forty-four of the General Laws.

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

Approved May 25, 1923.

Chap. 4:62 An Act relative to the building laws of the city of

BOSTON.

Be it enacted, etc., as follows:

Section 1. Section one of chapter five hundred and fifty of
the acts of nineteen hundred and seven, as amended by section
one of chapter seven hundred and four of the acts of nineteen
hundred and thirteen, is hereby further amended by striking out
the seventh and eighth paragraphs and inserting in place thereof
the following two paragraphs : — All permits issued by the com-
missioner shall be on printed forms approved by him. The com-
missioner shall issue rules and regulations governing the tearing
down of buildings. Permits granted for building operations may
be revoked by the commissioner if work is not commenced
thereunder within six months from the date of the permit.
Applications for permits for building operations upon which per-
mits have not been granted within a period of six months from
the date of the filing of the same shall become void.

If the commissioner finds that work is being done without a
permit or that the terms of a permit already granted are being
violated he may, after notice mailed to the owner doing or
causing the work to be done, order the whole or any part of such
work stopped, and such work shall not be resumed until the
commissioner has issued a permit or given his wTitten approval
for the continuance of such work.

Section 2. Section four of said chapter five hundred and
fifty, as amended by section one of chapter two hundred and
five of the acts of nineteen hundred and fourteen and by section
one of chapter one hundred and fifty-five of the Special Acts of
nineteen hundred and nineteen, is hereby further amended by
striking out the first paragraph and inserting in place thereof the
following : — Section 4- The commissioner, or one of his in-
spectors, shall inspect every building or other structure or any-
thing attached to or connected therewith which he has reason to
believe is not provided with sufficient means of egress in case of
fire satisfactory to the commissioner, exists in violation of any
provision of this act or is unsafe or dangerous to life, limb, or ad-
joining buildings, and if he finds it not provided with sufficient
means of egress in case of fire satisfactory to the commissioner,
or to exist in violation of any provision of this act, or unsafe or
Orders for suf- daugcrous, hc sliall forthwith order sufficient means of egress to
ore^re£',*'et(\, be provided or that the provisions of this act be complied with.

service, etc.

1907,550, § 1,
etc., amended.

Permits by
Boston build-
ing commis-
sioner, forms,
revocation, etc.

Applications,
when void.

Commissioner
may order work
without per-
mit, etc.,
stopped.

1907,550, §4,
etc., amended.

Boston building
laws.

Inspection of
buildings be-
lieved to be un-
safe, etc.

Acts, 1923. —Chap. 462. 475

Such order shall be served on the owner or agent or any person
having an interest in such building, or on the administrator,
executor or trustee of such owner, by leaving an attested copy
thereof in hand or at his last and usual place of abode, if known,
otherwise by posting an attested copy of such order in a con-
spicuous place upon the external walls of such building. The Notice on
commissioner may affix to any such building by posting in a dan^erou\'?on°-
conspicuous place upon its external walls a notice of its dangerous tiition, etc.
condition or of its condition as a fire-trap or of its being a common
nuisance within the provisions of this act. The notice shall not
be removed or defaced without his consent.

Section 3. Said chapter five hundred and fifty, as amended etc!^,' amended.
in section five by section two of chapter two hundred and five
of the acts of nineteen hundred and fourteen, by section two of
chapter one hundred and fiftj^-five of the Special Acts of nine-
teen hundred and nineteen and by section one of chapter ninety-
one of the acts of nineteen hundred and twenty, is hereby further
amended by striking out said section five and inserting in place
thereof the following: — Section 5. The person notified as pro- Removal, etc.,
vided in the preceding section shall provide sufficient means of buiidm^s°etc
egress in case of fire satisfactory to the building commissioner,
or shall comply with the provision of this act which is being
violated, or shall secure or remove said building, structure, at-
tachment or connection forthwith. If the public safety so Entry, re-
requires, the commissioner, with the approval of the mayor, bui]ding wim'-^
may at once enter the building or other structure which he finds missioner.
unsafe or dangerous, the land on which it stands or the abutting
land or buildings, with such assistance as he may require, and
secure or remove the same, and may erect such protection for
the public by proper fence or otherwise as may be necessary,
and for this purpose may close a public highwa}^ The expense
incurred thereby may be recovered of the owner thereof in an
action in contract.

Before beginning the removal of any building or other struc- Notice as to
ture, the building commissioner shall give notice by mail to the to materiffis of
owner of his right to the material upon request. If the owner '/"','g'"|®' ^g^j*
claims the material, he shall at once so notify the commissioner
in writing and shall remove the same within ten days after the
building or structure is taken down, and if he fails to do so the
building commissioner may dispose of the material.

Section 4. Section eight of said chapter five hundred and gt°'''am°^Q^de'd
fifty, as amended by section one of chapter one hundred and
seventy-nine of the Special Acts of nineteen hundred and eight-
een and by section one of chapter two hundred and sixty-six of
the acts of nineteen hundred and twenty, is hereby further
amended by striking out the sixth paragraph and inserting in
place thereof the following: — Any requirement necessary for Certain safety
the strength or stal)ility of any existing or proposed structure by'bufidiiig*^
or for the safety of the occupants thereof, not specifically covered commissioner.
by this act, shall be determined by the commissioner, subject to
appeal.

Section 5. Section ten of said chapter five hundred and fifty, i(!07, 550, § lo,
as amended by section two of chapter three hundred and fifty- *'^'^' amended.

476

Acts, 1923. —Chap. 462.

Boston building
laws not to ap-
ply to certain
structures.

1907,550, § 11,
etc., amended.

Definitions.

First Class
Building.

Story of a
Building.

Basement.

Cellar.

The Number
of Stories of a
Building.

two of the Special Acts of nineteen hundred and fifteen and
by section one of chapter sixty of the acts of nineteen hundred
and twenty-one, is hereby further amended by striking out the
first paragraph and inserting in place thereof the following: —
Section 10. The provisions of this act shall not apply to public
highway and railway bridges, quays, or wharves, nor to build-
ings belonging to and occupied by the United States, the com-
monwealth, Suffolk county, nor to railroad stations, nor to
portable or permanent school buildings erected and maintained
by the schoolhouse department except as provided in section
seventeen of this act and amendments thereof or additions
thereto nor to voting booths erected and maintained by the
board of election commissioners.

Section 6. Section eleven of said chapter five hundred and
fifty, as amended by section three of chapter one hundred and
seventy-nine of the Special Acts of nineteen hundred and eight-
een, is hereby further amended by striking out the first sub-
paragraph and inserting in place thereof the following : — First
Class Building. A first class building shall consist of fireproof
material throughout, with floors and roofs constructed of iron,
steel or reinforced concrete beams, filled in between with terra
cotta or other masonry arches or with concrete or reinforced
concrete slabs; wood may be used only for under and upper
floors, windows and door frames, sashes, doors, interior finish,
hand rails for stairs, necessary sleepers bedded in concrete, and
for isolated furrings bedded in mortar. There shall be no air
space between the top of any floor arches and the floor boarding.

By striking out the twelfth sub-paragraph and inserting in
place thereof the following : — Story of a Building. That part
of a building between the top of any floor level and the top of
the floor or roof level next above.

By striking out the thirteenth sub-paragraph and inserting in
place thereof the following : - — Basement. That part of a build-
ing not more than forty per cent nor less than thirty-five per
cent of which is below the mean grade of the curb of the principal
street upon which the building abuts, or if it does not abut upon
a street, then below the mean grade of the land adjoining the
building. When the building abuts on two or more streets the
commissioner shall determine which is the principal street.

By striking out the fourteenth sub-paragraph and inserting
in place thereof the following : — Cellar. When there is a base-
ment, that part or parts of a building below the basement.
When there is no basement, that part of a building more than
forty per cent of which is below the mean grade of the curb of
the principal street upon which the building abuts, or if it does
not abut upon a street, then more than forty per cent below the
mean grade of the land adjoining the building. When the
building abuts on two or more streets the commissioner shall
determine which is the principal street. And by adding at the
end thereof the following two new sub-paragraphs : — The Num-
ber of Stories of a Building. The number of stories of a
building shall be the greatest number of stories which a
building is in height above the curb of the street of lowest

Acts, 1923. —Chap. 462. 477

grade upon wliicli the building abuts or if it does not abut on a

street, above the h:)\vest grade of ground adjoining the building.

First Story of a Building. The first story of a building is the First story of

first story more than sixty-five per cent of the height of which ^ Building.

is above the mean grade of the curb of the principal street upon

which the building abuts or if it does not abut upon a street, the

first story of a building, more than sixty-five per cent of the

height of which is above the mean grade of the land adjoining

the building. ^Yhere there is a basement, that story next above

the basement shall be the first story of a building. Where there

is a cellar and no basement that story next above the cellar shall

be the first story of a building. When the building abuts on

two or more streets the commissioner shall determine which is

the principal street.

Section 7. Section twelve of said chapter five hundred and iflov, 550, § 12,
fifty, as amended by section one of chapter three hundred and ^ "■■ ^™^" ^ '
sixty -nine of the acts of nineteen hundred and twelve, by section
two of chapter seven hundred and eightj^-two of the acts of
nineteen hundred and fourteen and by section one of chapter
two hundred and eighty-nine of the acts of nineteen hundred
and twenty-one, is hereby further amended by striking out the
fourth paragraph, and by striking out the ninth paragraph and
inserting in place thereof the following: — All chimneys of Chimneys of
masonry construction shall have walls at least eight inches ^^Ction.'^°""
thick, or be constructed of four-inch brick walls with a suita-
ble flue lining. Steel stacks shall be permissible under such con- g^eei stacks.
ditions as the commissioner shall prescribe.

By striking out the eleventh paragraph and inserting in place
thereof the folloAving: ■ — In every first and second class building Outside finish
or when the entire building could be built of third class construe- TOmbustibie
tion, all of the outside finish shall be of incombustible materials, materials, ex-
except Avindow and door frames and finish about show windows.
Where store fronts are carried up more than one story the store fronts.
columns and lintels shall be of, or finished with, incombustible
materials; but in no case shall store fronts be carried more
than two stories, unless the same are constructed and finished
throughout with fireproof material, except window and door
frames. And by striking out the fifteenth paragraph and
inserting in place thereof the following: — All walls, piers Supportine
and columns acting as supports below the first floor of all etc"'^beiow '
buildings hereafter built shall be of masonry or metal except first floor to be
that in one or two family frame dwellings the exterior walls of metajfexcep°t^
basement or cellar stories may be constructed of wood provid- ^''°"
ing the sills are not more than two feet above the surround-
ing ground. In all buildings hereafter erected, where outside Protection
means of egress are to be constructed, the building commissioner opeiiirigs7etc.
may order, when he deems it necessary, all the window openings
in the same to be protected by metal frames and sash and wire
glass, and all doors leading to such outside means of egress and
the frames of the same to be of metal or metal covered. If
doors are glazed, they shall be glazed of wire glass. Every Kitchens, etc.,
kitchen, kitchenette or room used or adapted to be used for ventilation"^'
cooking purposes, either by coal, electric, gas or oil stoves, in etc.

478

Acts, 1923. — Chap. 462.

Ventilating
flues, con-
struction, etc.

Automatic
sprinklers in
basements of
mercantile
buildings.

Requirements
for alterations.

1907, 550, § 13,
etc., amended.

Permits for al-
teration, etc.,
of certain
wooden build-
ings, granting,
restrictions, etc.

Moving of
wooden build-
ings restricted,
etc.

every building hereafter erected, remodelled or enlarged, shall
be not less than six feet in the least dimension, and shall have a
floor area of not less than forty-eight square feet. Every such
kitchen, kitchenette or room to be used or adapted to be used
for cooking purposes shall be lighted and ventilated by window
openings in an external wall direct to the open air, or if such
kitchen, kitchenette or room is of not more than seventy square
feet in area upon a vent shaft, as defined in section forty-two,
with no opening from any toilet room into said vent shaft, and
such window openings shall equal in size in the aggregate to at
least one eighth of the area of the floor of such room. When
gas, coal or oil stove ovens, broilers or water heaters are con-
nected to a ventilating flue, the flue shall be constructed of
brick walls not less than eight 'inches thick, or with walls four
inches thick lined with terra-cotta flue lining at least one inch
thick. The building commissioner may order the basements of
any mercantile building hereafter erected to be provided with
a system of automatic sprinklers, approved by him as to loca-
tion, arrangement, and efficiency when not otherwise so required
by law. Any alteration shall conform to the requirements of
this act for new buildings only to the extent of the alteration
made.

Section 8. Section thirteen of said chapter five hundred
and fifty, as amended by section three of chapter seven hundred
and eighty-two of the acts of nineteen hundred and fourteen,
by section three of chapter three hundred and fifty-two of the
Special Acts of nineteen hundred and fifteen, by chapter two
hundred and seventy-seven of the Special Acts of nineteen hun-
dred and sixteen and by chapter one hundred and four of the
Special Acts of nineteen hundred and eighteen, is hereb}^ further
amended, by striking out the first paragraph and inserting in
place thereof the following: — No alteration or repair of a
wooden building within the building limits shall be made without
a permit from the commissioner, and no permit to increase the
height or ground area of such a building shall be granted, nor
shall a permit for alteration or repairs be granted if the estimated
cost of the proposed alteration or repairs exceeds one half of the
fair value of the building at the time of the proposed alteration
or repair, nor shall the total cost of all alterations or repairs
hereafter made exceed one half of the fair valuation of the build-
ing at the time of the proposed alteration or repair.

By striking out, in the first line, of the second paragraph, the
word "outside" and inserting in place thereof the words: —
within or without, — and adding at the end of the paragraph
the words : — Nothing in this section shall be deemed to pro-
hibit the moving of wooden buildings within the building limits
if the permits for moving have been granted by the building
commissioner prior to June first, nineteen hundred and twenty-
three, — so that said paragraph will read as follows : — No
wooden building, within or without the building limits, shall be
moved to any position within the building limits. Nothing in
this section shall be deemed to prohibit the moving of wooden
buildings within the building limits if the permits for moving

Acts, 1923. —Chap. 4G2. 479

have l)ccn granted by tlie building commissioner prior to June
first, nineteen hundred and twenty-three.

By inserting in the first line of the ninth paragraph after the
word "except" the word: — wooden, — and by adding at the
end of said paragraph the words: — and wooden floors carrying
tile or concrete for finish or bricknogging in wood stud par-
titions,— so that said paragraph will read as follows: — No No masonry to
masonry shall rest upon wood, except wooden piles and mud wood!^e°xcept,
sills and wooden floors carrying tile or concrete for finish or etc.
bricknogging in wood stud partitions.

By adding at the end of the twelfth paragraph the words : —
unless the floor is made safe with fire resisting material satis-
factory to the building commissioner, — so that said paragraph
will read as follows: — No furnace or boiler for heating shall be Heating ap-
placed upon a wooden floor unless the floor is made safe with bfpiaced°upon
fire resisting material satisfactory to the building commissioner, wooden floor

By inserting in the first line of the sixteenth paragraph after "
the word "constructed " the words: — or maintained, — so that
said paragraph will read as follows : — No closet of any kind shall No e'^o^^ts^un-^
be constructed or maintained under any staircase leading from cases.
the cellar or basement to the first story.

By striking out the twentieth paragraph and inserting in place
thereof the following: — No material other than brick, tile. Materials used
slate, metal, asbestos shingles, or slag, shall hereafter be used to roo'f''buUdings,
cover or roof any building, or the tops, sides and outsides of the ^^^- regulated.
frames of any dormer window, or any other projection of the
roof of an}^ building, except wooden cornices on wooden frame
buildings ; but on flat roofs composition of asbestos and asphalt
or tar and gravel may be used, or such other composition of fire-
resisting roofing as the commissioner may authorize. Asphalt ^j^.p^^'*
shingles may also be used; provided, that each package of provisos.
shingles is inspected and labelled and that the shingles are made
and laid in conformity with the regulations promulgated by the
UnderuTiters' Laboratories as modified from time to time by
said Laboratories; and provided, further, that within the lines
at present constituting the building limits of the city of Boston
such asphalt shingles may be used only on buildings of third
class construction, and that they shall not be used within the
building limits of said city as they existed prior to September
twenty-second, nineteen hundred and thirteen. Nothing in this Use of certain
section shall be construed to prohibit the use of materials ap- temis^to re-
proved by the commissioner for repairing any roof now covered norprohibiUd'.
with wooden shingles or to prohibit covering with such ap-
proved materials the roofs of buildings less than sixteen feet in
height; provided, that the building is not altered in height Proviso.
or otherwise generally reconstructed. And by adding at the
end of the twenty-first paragraph the words : — or approved
metal covered frames and sash, — so that said paragraph will
read as follows: — No part of any first or second class build- ,^certaf^bund.
ing hereafter erected, except the eaves and cornices, shall be ings are nearer
nearer than five feet to the line of any adjoining lot on to line of ad-
any side on which such building has any opening in the outer Jo'^'ng '»*' etc
wall thereof unless all such openings are protected by wire

480

Acts, 1923. — Chap. 462.

1907, 550, § 14,
etc., amended.

Inspection of
concrete.

1S07, 550, § 16,
etc., amended.

General re-
quirements.
Use of thin
metal, etc.
Proviso.

Connections to
be riveted, etc.

Ifl07, 550, § 18,
amended.

Heiffht of
buildings.

Effective width
of streets, how
mea.sured, etc.

Height of
buildings set
back from
street, etc.

Height, etc., of
certain build-
ings on a nar-
rower street
near its in-

glass set in metal frames and sash or approved metal covered
frames and sash.

Section 9. Section fourteen of said chapter five hundred
and fifty, as amended by section four of chapter one hundred
and seventy-nine of the Special Acts of nineteen hundred and
eighteen, is hereby further amended by striking out the twenty-
seventh paragraph and inserting in place thereof the following: —
Inspection of Concrete. — The commissioner may require an
applicant for a permit for the structural use of concrete or other
similar aggregate materials to have a competent inspector,
satisfactory to the commissioner, at all times on the work wliile
such materials are being mixed or deposited, and such materials
shall be mixed and deposited in a manner approved by the
commissioner. The inspector shall make daily reports to the
commissioner on the progress of the work.

Section 10. Section sixteen of said chapter five hundred
and fifty, as amended by section six of chapter one hundi-ed
and seventy-nine of the Special Acts of nineteen hundred and
eighteen, is hereby further amended by striking out the second
paragraph and inserting in place thereof the following: — Gen-
eral Requirements. — No metal thinner than one fourth of an
inch shall be used except for fillers or beams and channel webs;
provided, that sheet metal, structural steel, and other structural
shapes thinner than one fourth inch forming a part of the con-
struction of stairs, skylights and roof houses, may be used in all
buildings under such restrictions as the commissioner may pre-
scribe. Connections shall be riveted or bolted and designed to
develop the full strength of the member under the conditions of
loading, even though the computed stress is less.

Section 11. Said chapter five hundred and fifty is hereby
amended by striking out section eighteen and inserting in place
thereof the following: — Section 18. No building, structure or
part thereof shall be erected or altered to a greater height than
two and one half times the effective width of the street or streets
upon which the building or structure stands, and not exceeding
one hundred and fifty-five feet in height in any case.

The effective width of such street or streets shall be measured
from the face of the proposed building or structure to the law-
fully established line of the street on the opposite side. If the
street is of uneven width the width shall be the average width
between the proposed building or structure and the lawfully
established line of the street on the opposite side. The measure-
ments shall be taken from the extreme ends of the face of the
building and a point at the center, said measurements to be
made at street level.

Whenever an effective width of a street is increased by an
area or setback from the street, the building so set back may
be increased in height to two and one half times the effective
width of the street, not exceeding one hundred and fifty-five
feet in height in any case.

Along a narrower street near its intersection with a wider
street any building or any part of a building fronting on the
narrower street, within one hundred feet from the side of the

Acts, 1923. — Chap. 462. 481

wider street, shall be governed by the height and roof setback tersection with
regulations provided for the wider street. A corner building on eto" ^'^ ^ ^^^ '
such intersecting streets shall be governed by the height and
roof setback regulations provided for the wider street for one
hundred and fifty feet from the side of such wider street meas-
ured along such narrower street. Beyond such points such
corner building shall be governed by the height and roof setback
regulations provided for the narrower street. On streets less On streets less
than forty feet in width the same height regulations shall be [J^^dth.^ ^''^^
applied as on streets forty feet in width.

Nothing in this section however shall prohibit the erection or Height may
alteration of any building, structure or part thereof to a height one^htini'me"'*
greater than two and one half times the width of the street or width of street
streets upon which the building or structure stands but not ex- of excessive *
ceeding one hundred and fifty-five feet in any case, if the external setu'ck'^etc!'^
wall of a height greater than two and one half times the width
of such street shall be set back from the vertical face of the
building in the ratio of one foot horizontally for each two and
one half feet vertically.

Nothing in this act shall authorize the erection or alteration Height of
of a building to a height greater than that authorized by existing subject°to'° ^^
law% or by existing ordinances, rules, regulations or orders, limitations re-
within the district or districts designated "B" by the commis- in certain ex-'
sion on height of buildings in the city of Boston, under authority ordmances', etc.
of chapter three hundred and thirty-three of the acts of nine-
teen hundred and four, chapter three hundred and eighty-three
of the acts of nineteen hundred and five and chapter three hun-
di-ed and thirty-three of the Special Acts of nineteen hundred
and fifteen, and any acts in amendment thereof or in addition
thereto, or wuthin the territory as to which special limitations
were imposed by chapter four hundred and fifty-two of the acts
of eighteen hundred and ninety -eight, as limited by chapter four
hundred and fifty-five of the acts of nineteen hundred and
twenty, chapter five hundred and forty-three of the acts of nine-
teen hundred and two, chapter four hundred and fifty-seven of
the acts of eighteen hundred and ninety-nine, or chapter four
hundred and sixteen of the acts of nineteen hundred and seven,
or to a height greater than that limited in any restrictions law-
fully imposed by the park commissioners of said city.

Section 12. Section twenty-one of said chapter five hundred i907, 550, § 21.
and fifty, as amended by section nine of chapter one hundred
and seventy-nine of the Special Acts of nineteen hundred and
eighteen, is hereby further amended by inserting after the word
"feet" in the twenty-third line the following new sentence: — A
light wall shall be known as that wall or walls of a building not
in excess of one story and not exceeding twenty feet in height, —
so that the second paragraph of said section will read as fol-
low' s : — A detached column or pier footing supported by piling Piling for
shall rest upon not less than three piles, but column or pier f^t^gs/ught
footings supported by proper and permanent masonry or steel ^•oJ|g^°e"tc'^*'
construction which provides lateral support in all directions may
each rest upon a single pile if the allowable load per pile is not
exceeded. Light wall foundations may be supported by a single

482

Acts, 1923. — Chap. 462.

Proviso.

1907, 550, § 23,
etc., amended.

Hollow block
walls, concrete
walls, etc.,
thickness, use,
etc.

1907, 550, § 27,
amended.

Party walls of
skeleton con-
struction, etc.

1907,550, § 31,
amended.

Openings for
doorways in
party walls.

1907, 550, § 32,
etc., amended.

row of piles: ^jrowWerf, that the length of wall unsupported
laterally by proper masonry or steel construction does not ex-
ceed ten feet. A light wall shall be known as that wall or walls
of a building not in excess of one story and not exceeding twenty
feet in height. All other foundation walls requiring piling shall
rest upon at least two rows of piles, the rows to be at least two
feet on centres for buildings up to thirty feet in height. For
buildings exceeding thirty feet in height, if not more than two
rows of piles are used, the rows shall be spread not less than
three feet on centres.

Section 13. Section twenty-three of said chapter five hun-
dred and fifty, as amended by section eleven of chapter one hun-
dred and seventy-nine of the Special Acts of nineteen hundred
and eighteen, is hereby further amended by striking out the
twelfth paragraph and inserting in place thereof the follow-
ing:— Hollow block walls shall have the same minimum thick-
ness as is required for brick walls, but shall not be used for
exterior walls in buildings over three stones high nor in party
walls over two stories high. Solid unreinforced concrete walls
shall have the same minimum thickness as required for brick
walls. Reinforced concrete walls shall be of the thickness and
construction required by the commissioner, subject to the re-
quirements of section fifteen and all acts in amendment thereof
and in addition thereto. Hollow terra-cotta building blocks
may be used in external and bearing walls other than party walls
for buildings not over four stories high.

Section 14. Section twenty-seven of said chapter five hun-
dred and fifty is hereby amended by striking out the second
paragraph thereof and inserting in place thereof the follow-
ing: — All party walls of skeleton construction shall have curtain
walls of solid brick, not less than twelve inches thick in buildings
over two stories high.

Section 15. Section thirty-one of said chapter five hundred
and fifty is hereby amended by striking out, in the ninth and
tenth lines, the words "a writing signed by the fire commis-
sioner, and filed with", — so as to read as follows: — Section 31.
Openings for doorways in party walls shall not exceed one hun-
dred square feet each in area, and each opening shall have two
sets of fire doors separated by the thickness of the wall, hung in
a manner satisfactory to the commissioner, except that the
aggregate width of all openings in any story shall not exceed
fifty per cent of the length of the wall in Avhicli such openings
occur. Openings, not exceeding one hundred and forty-four
square inches, constructed and protected as shall be approved
by the commissioner, may be permitted in any wall or floor.

Section 16. Section thirty-two of said chapter five hundred
and fifty, as amended by section five of chapter seven hundred
and eighty-two of the acts of nineteen hundred and fourteen,
by section thirteen of chapter one hundred and seventy-nine of
the Special Acts of nineteen hundred and eighteen and by sec-
tion two of chapter sixty of the acts of nineteen hundred and
twent3^-one, is hereby further amended by adding at the end of
the fourth paragraph thereof the words : — except that for

Acts, 1923. — Chap. 462. 483

isolated columns on the exterior of one story buildings fire pro-
tection may he omitted, — so that said paragraph Avill read as
follows: — About isolated columns on the exterior of buildings, Thickness of
the thickness of protection may be reduced to one inch, when fi""® protection.
the same is covered with an outer shell of cast iron or steel, except
that for isolated columns on the exterior of one story buildings
fire protection may be omitted. And by striking out sub-para-
graph (c) of the eighth paragraph and inserting in place thereof
the following: — Lintels under stone or brick unless over ten Fire protection
feet span. ^ *° Hnteis.

Section 17. Section thirty-five of said chapter five hundred 1007, 550, §35,
and fifty, as amended by section three of chapter two hundred ' *""
and eighty-nine of the acts of nineteen hundred and twenty-one,
is hereby further amended by striking out the second paragraph
and inserting in place thereof the following : — The first story Use of first
or basement, or both the first story and basement of second and b^ement for
third class buildings may be used for mercantile purposes; pro- mercantile
vided, that the walls and ceiling surrounding the mercantile proviTo^
portion are fire stopped as follows: The ceilings and exterior or
party walls are to be wire lathed and cement plastered with
three coats of cement plaster. The partitions surrounding the
mercantile portion are to be fire stopped full height between
the studs with brick, terra-cotta, or gypsum laid in cement
and covered on both sides with metal lath and cement plaster
three coat work. Any openings in these surrounding parti-
tions are to be protected by metal covered self-closing doors.
And by inserting after the word "wall" in the fourth line of
the tenth paragraph the words : — or lot line, — by inserting
after the word "wall" in the sixth line the words: — or lot
line, — and by inserting after the word "wall" in the seventh
line the words : — or lot line, — and by adding at the end of
said paragraph the words : — as above provided, — so that said
paragraph will read as follows : — Every living room in a building Living rooms
adapted for habitation shall have a window on the open air of on open air'of ^
an area not less than ten square feet and distant in a three story ^^a, etc
building not less than six feet from any opposite wall or lot line ;
distant in a four story building not less than eight feet from any
opposite wall or lot line; distant in a five story building not less
than ten feet from any opposite wall or lot line. This shall not
apply to the construction of third class buildings, except the
provision for a window on the open air of an area as above pro-
vided.

Section 18. Section thirty-six of said chapter five hundred wor, 550, § 36,
and fifty, as amended by chapter five hundred and ninety-five
of the acts of nineteen hundred and fourteen and by section
sixteen of chapter one hundred and seventy-nine of the Special
Acts of nineteen hundred and eighteen, is hereby further amended
by striking out the fifth paragraph and inserting in place thereof
the following: — No use or occupation of a building or part of Permits for
a building for a purpose other than that for which it was origi- of buildings,
nally built and designed to be used, and no change in the use or ®'*'"
occupation of a building or part thereof which will increase the
floor load beyond the capacity prescribed for such use and occu-

484

Acts, 1923. — Chap. 462.

1907, 550, § 37,
amended.

Protection of
party wall
openings in
mercantile, etc.
buildings.

Shutters.

1907, 550, § 39,
etc., amended.

Wooden build-
ings. Under-
pinning.

Framing.

1907, 550, § 40,
etc., amended.

pation shall be made unless, upon application therefor, the com-
missioner shall issue a permit on condition that the proposed
use will not endanger the safety of the building or the health
or the safety of the occupants thereof.

Section 19. Section thirty-seven of said chapter five hun-
dred and fifty is hereb}'^ amended by striking out, in the fifth
line the words "and shall be", so as to read as follows: —
Section 37. In all first or second class mercantile or manu-
facturing buildings over thirty feet in height, outside openings
in party walls, or in any rear or side wall wuthin twenty feet of
an opposite wall or building, shall have metal frames and sashes
glazed with wire glass or shall be protected by shutters. Such
shutters shall be covered on both sides with tin or shall be made
of other substantial fireproof material, and hung on the outside,
either upon independent metal frames or upon metal hinges
attached to the masonry, and shall be made to be handled from
the outside, and one such shutter in each room shall have a
protected hand-hold eight inches in diameter.

Section 20. Section thirty-nine of said chapter five hun-
dred and fifty, as amended by section seven of chapter seven
hundred and eighty-two of the acts of nineteen hundred and
fourteen and by section seventeen of chapter one hundred
and seventj'-nine of the Special Acts of nineteen hundred and
eighteen, is hereby further amended by striking out the second
paragraph and inserting in place thereof the following: — Under-
jnnning. — Every such wooden building hereafter erected or
enlarged, the sills of which do not rest directly upon a founda-
tion as above described but on an underpinning, shall have such
underpinning made of brick, stone, concrete, concrete or terra-
cotta blocks, and the underpinning, if of brick, concrete,
concrete or terra-cotta blocks, shall be at least eight inches
thick, and if of stone shall be at least sixteen inches thick.
And by striking out the third paragraph and inserting in place
thereof the following: — Framing. — Every wooden building
hereafter erected or enlarged shall have all its parts of sufficient
strength for their purposes; shall be built with posts, sills and
girts, not smaller than four by six inches, or with ledger boards;
shall have no studs more than twenty inches on centres for
buildings more than one story high, with all angles between
partitions, or between partitions and walls, blocked strongly,
giving what is known as "blocked corners"; shall have every
post securely braced; shall have all spaces back of all ledger
boards tightly filled with at least two inch furring cut in between
studs; and shall have all posts and girts properly mortised,
tenoned, and pinned in each story, and if ledger boards are used,
they shall be at least one inch by six inches gained full size into
posts and studs, all other parts of frame to be securely nailed or
pinned together.

Section 21. Section forty of said chapter five hundred and
fifty, as amended by section two of chapter seven hundred and
four of the acts of nineteen hundred and thirteen and by section
one of chapter two hundred and forty-eight and section eight of
chapter seven hundred and eighty-two of the acts of nineteen

Acts, 1923. — Chap. 462. 485

hundred and fourteen, is hereby further amended by striking
out the third paragraph and inserting in place thereof the fol-
lowing:— Wooden buildings erected for purposes other than Situation, as
habitation shall not be situated within five feet of the lot lines ^c'?of'w(^den
unless the side wall on such lines be of brick or concrete carried buii'dings
above the roof at least twelve inches and capped with a metallic other than
covering, all openings in such outer walls shall be protected by ^gj**^'°° ''"''"
wire glass set in metal frames and sash. If built on land of the
same owner the buildings shall be not nearer than ten feet to
an}' other building, eaves and cornices excepted, unless wall on
side toward the lot line or adjoining building is constructed as
a brick or concrete wall not less than eight inches thick and
carried twelve inches above the roof with all openings therein
protected by wire glass set in metal frames and sash. No wooden
building shall be moved, increased in area or altered to be nearer
than five feet to the lot lines or ten feet to any other wooden
building on land of the same owner.

Section 22. Said chapter five hundred and fifty of the acts i907.5so, §8i,
of nineteen hundred and seven is hereby amended by striking ^""^"^ ^
out section eighty-one and inserting in place thereof the follow-
ing:— Section 81. Nothing in this act shall be construed to stores, etc.. in
prohibit the use of any part of a theatre building for stores, t^^^*-''® buiid-
offices or for habitation, provided that the parts so used for a proviso,
theatre shall be built with exits to the street entirely distinct
from tlie rest of the building and shall be separated from the
rest of the building by solid partition walls and floors, walls not ,

to be less than twelve inches in thickness, without any openings
in the same.

Section 23. Section eighty-six of said chapter five hundred ^g'^jg^' ^ ^^•
and fifty is hereby amended by striking out the third paragraph
and inserting in place thereof the following: — Illuminating illuminating
fixtures and glass on illuminating fixtures over the auditorium auditorium of
shall be suspended and secured in a manner approved by the theatres.
fire commissioner.

Section 24. Section one hundred and five of said chapter i907, 550, § 105,
five hundred and fifty, as amended by section one of chapter *'''' *™®°
three hundred and seventy of the acts of nineteen hundred and
twelve, by chapter fifty of the acts of nineteen hundred and
thirteen and by section eleven of chapter sixty of the acts of
nineteen hundred and twenty-one, is hereby further amended
by striking out, in the fourth fine, the word "fireproof" and in-
serting in place thereof the words: — • first class, by striking
out, in the fifth line, the word "throughout", by striking out,
in the seventh fine, the word "adjacent" and inserting in place
thereof the word: — principal, — by inserting after the word
"street" in the same line the words: — upon which it abuts or
of the adjoining land, — so that the first paragraph will read as
follows : — Every building hereafter erected with a hall or Certain places
assembly-room to contain a public audience of more than eight sembb^toTe of
hundred persons, or with more than one superimposed gallery ^^^^ ''i^s Con-
or balcony, shall be of first class construction; except that halls cept. etc'
or assembly-rooms, the mean level of the main floor of which is
not more than five feet above the grade of the principal street

486

Acts, 1923. —Chap. 462.

Certain places
of public as-
sembly to be of
first class con-
struction
throughout.

1907. 550, § 122,
amended.

Leaders.

1907, 550, § 125,
etc., amended.

Conditions for
maintaining
furnaces, boil-
ers, etc.

1905, 383, § 4,
etc., amended.

Building height
limitations,
etc., not to stp-
ply to churches,
steeples, etc.,
except, etc.

upon which it abuts or of the adjoining land, may have roofs of
second class construction. And by striking out the second para-
graph and inserting in place thereof the following : — Every
building hereafter erected with a hall or assembly-room to con-
tain an audience of more than six hundred persons, the main
floor of which is raised more than fifteen feet above the level of
the curb of the principal street upon which it abuts or of the ad-
joining land, shall be of first class construction throughout.

Section 25. Section one hundred and twenty-two of said
chapter five hundred and fifty is hereby amended by adding at
the end thereof the following new paragraph : — All buildings
shall have leaders sufficient to discharge the roof water in such
a manner as not to flow upon any public way or any neighboring
property. Such leaders may project into a public way not over
seven inches.

Section 26. Section one hundred and twenty-five of said
chapter five hundred and fifty, as affected by chapter one hun-
dred and forty-eight of the General Laws, is hereby amended by
striking out the fourth paragraph and inserting in place thereof
the following: — The commissioner may, from time to time, after
public notice and hearing, prescribe the conditions on which
furnaces, boilers, or other steam generators and hot water
heaters may be maintained in buildings, and, if any person
interested objects to such conditions and appeals from his de-
cision establishing the same, the appeal shall be referred to the
board of appeal, and thereupon said board shall prescribe the
conditions.

Section 27. Section four of chapter three hundred and
eighty-three of the acts of nineteen hundred and five, as amended
by chapter one hundred and fifty-six of the Special Acts of nine-
teen hundred and nineteen and by chapter one hundred and
seventy-four of the acts of nineteen hundred and twenty-two, is
hereby further amended by striking out, in the fifth line, the
words "not used for purposes of habitation" and inserting in
place thereof the words : — , nor shall such portions of buildings
be occupied, - — and by striking out all of the first paragraph
after the word "signs" in the eighth line and inserting in place
thereof the words : — and roof houses except as otherwise pro-
hibited by law, — so that the first paragraph of said section will
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, nor shall such portions of
buildings be occupied, nor to chimne^^s, gas holders, coal or
grain elevators, open balustrades, skylights, ventilators, flag-
staffs, railings, weather vanes, soil pipes, steam exhausts, signs,
and roof houses except as otherwise prohibited by law.

Section 28. This act shall take effect upon its passage.

Approved May 25, 1923.

Acts, 1923. —Chaps. 463, 4G4. 487

An Act authorizing the city of Worcester to pay phnry 4AQ

CERTAIN claims FOR PERSONAL INJURIES CAUSED BY ITS ^'

FIRE APPARATUS.

Be it enacted, etc., as follows:

Section 1. The city of Worcester may pay to Frank H. [g^ ^^°^ ^°"''^'
Slayton, administrator of the estate of Fanny W. Read, who pay certain
died from injuries caused by its fire apparatus on January' sonaHnj^meT
twenty-third, nineteen hundred and twenty-two, in consequence paused by its
of the want of due care in the management of said apparatus,
a sum not exceeding twelve hundred dollars, and to Mary M.
IMoyse, for injuries so caused, a sum not exceeding three hun-
dred dollars. The receipt of payment as aforesaid by said
parties shall discharge the said city from all liability for the said
injuries and death.

Section 2. This act shall take effect upon its acceptance by To be sub-
vote of the city council of said city, subject to the provisions of TOuncU.^etc'.*^
its charter; provided, that such acceptance occurs prior to Proviso.
December thirty-first in the current year.

Approved May 25, 1923.

An Act amending certain provisions of law relative ni.^^ aga

TO THE operation OF MOTOR VEHICLES. U/ia/?.^0^

Be it enacted, etc., as follows:

Section 1. Section one of chapter ninety of the General o. l. 9o, §i,
Laws is hereby amended by striking out all after the word ^™^" ^ '
"registrar" in the seventh line down to and including the word
"public" in the ninth line, by striking out all after the
word "cycle" in the eleventh line down to and including the
word "operator" in the eighteenth line and by striking out, in the
forty -sixth line, the words "other than a chauffeur", so as to
read as follows : — Section 1 . The following words used in this Definitions un-
chapter shall have the following meanings, unless a different vlh-^gV"^
meaning is clearly apparent from the language or context, or
unless such construction is inconsistent with the manifest in-
tention of the legislature:

"Application", an application by mail or otherwise to the -Application".
registrar or any agent designated by him for the purpose, upon
a blank provided by the registrar, and with which is deposited
the fee provided in section thirty-three.

"Automobile", any motor vehicle except a motor cycle. "Automobile".

"Dealer", any person who is engaged principally in the busi- "Dealer",
ness of buying, selling or exchanging motor vehicles.

"Division", the division of highways of the department of "Division".
public works, acting officially as a board.

"Garage", any place where five or more motor vehicles are "Garage".
stored or housed at any one time for pay, except only such places
in which motor vehicles are kept by the owners thereof without
payment for storage.

"Intersecting way", any way which joins another at an angle, "intersecting
whether or not it crosses the other. "^^

488

Acts, 1923. — Chap. 464.

"Motor cycle'

"Motor
vehicles".

"Non-resi-
dent".

" Number-
plate".

"Operatw".
"Persons".

"Police of-
ficer" or "of-
ficer".

"Register
number ".

"Registrar".

"Thickly set-
tled or business
district ".

"Motor cycle", any motor vehicle having but two or three
wheels in contact with the ground, and a saddle on which the
driver sits astride, or a platform on which he stands, or any
bicycle having a motor attached thereto and a driving wheel or
wheels in contact with the ground in addition to the wheels of
the bicycle itself.

"Motor vehicles", automobiles, motor cycles and all other
vehicles propelled by power other than muscular power, except
railroad and railwa^^ cars and motor vehicles running only upon
rails or tracks, ambulances, fire engines and apparatus, police
patrol wagons and other vehicles used by the police department
of any city or town or park board solely for the official business
of such department or board, road rollers and street sprinklers.

"Non-resident", any resident of any state or country who
has no regular place of abode or business in the commonwealth
for a period of more than thirty days in the year.

"Number plate", the sign or marker furnished by the registrar
on which is displayed the register number or mark of a motor
vehicle assigned to such motor vehicle by the registrar.

"Operator", any person who operates a motor vehicle.

"Persons", wherever used in connection with the registration
of a motor vehicle, all persons who own or control such vehicles
as owners, or for the purpose of sale, or for renting, as agents,
salesmen or otherwise.

"Police officer" or "officer", any constable or other officer
authorized to make arrest or serve process, provided he is in
uniform or displays his badge of office.

"Register number", the number or mark assigned by the
registrar to a motor vehicle, whether or not such number or
mark includes a letter or letters; and said number or mark,
except on motor cycles, shall always be in separate Arabic
numerals at least four inches in height, with strokes not less
than one half of an inch in width.

"Registrar", the registrar of motor vehicles.

"Thickly settled or business district", the territor}^ contiguous
to any way which is built up with structures devoted to business,
or the territory contiguous to any way where the dwelling houses
are situated at such distances as will average less than two hun-
dred feet between them for a distance of a quarter of a mile or

"Trailer".

"Way".

G. L. 90, §5.
etc., amended.

"Trailer", a vehicle used for carrying passengers for hire or
commodities in connection with commerce and having no motive
power of its own, but which is drawn by a motor vehicle. It
shall not include a pair of wheels commonly used as an imple-
ment for other purposes than transportation.

"Way", any public highway, private way laid out under au-
thority of statute, way dedicated to public use, or way under
the control of park commissioners or body having like powers.

Section 2. Said chapter ninety, as amended in section five
by section two of chapter three hundred and three of the acts of
nineteen hundred and twenty-two, is hereby further amended
by striking out said section five and inserting in place thereof
the following: — Section 5. Every manufacturer of or dealer

Acts, 1923. —Chap. 464. 489

in motor Aehicles or trailers, every manufacturer of or dealer in Registration of
motor vehicle bodies and tops and every person engaged in the motor vehicles,
business of repairing motor vehicles, instead of registering each facturers of or
such vehicle owned or controlled by him, may make application motor VeWoiea,
for a general distinguishing number or mark, and the registrar, trailers, motor
if satisfied of the facts stated in the application, may issue to and tops and
the applicant a certificate of registration containing the name hfc "repairers,
and business address of the applicant and the general distinguish-
ing number or mark assigned to him, and made in such form
and containing such further information as the registrar may
determine; and all motor vehicles or trailers owned or controlled
by such manufacturer of or dealer in motor vehicles or trailers,
by such manufacturer of or dealer in motor vehicle bodies and
tops or b.y persons engaged in the business of repairing motor
vehicles shall be regarded as registered under such general dis-
tinguishing number or mark until sold or let for hire or loaned
for a period of more than five successive days; provided that Proviso,
number plates furnished as hereinafter provided are properly
displayed thereon. The registrar shall furnish at his office Number plates,
without charge to every manufacturer of or dealer in automobiles mamifarturers
or trailers whose vehicles are registered in accordance with this dealers, etc.
section three pairs, and to every dealer in motor cycles whose
vehicles are registered in accordance with this section five pairs,
of number plates of suitable design having displayed upon them
the register number which is assigned to the motor vehicles of
such manufacturer or dealer, with a different letter or letters or
mark on each pair of number plates, and to every manufacturer
of or dealer in motor ^'ehicle bodies or tops or person engaged in
the business of repairing motor vehicles one pair of number
plates of suitable design having displayed upon them the dis-
tinguishing number or mark assigned to him. Number plates Duration of
furnished hereunder shall, except as provided by section nine, ^^''^^'ty.
be valid only for the year for which they are issued. Every Expiration of
registration under this section shall expire at midnight on ''^gistration.
December thirty-first in each year.

Section 3. Section eight of said chapter ninety, as amended *-*• ^- ^^< § S-
by section one of chapter four hundred and three of the acts of ' ^™^° ^
nineteen hundred and twenty-one, is hereby further amended
by striking out all after the word "vehicle" in the twenty-first
line down to and including the word "age" in the twenty-third
line, by striking out, in the twenty-third line, the word "also",
by striking out, in the thirtieth line, the words "and chauffeurs"
and by adding at the end thereof the following : — Every appli-
cation filed under this section shall be sworn to by the applicant
before a justice of the peace or notary public, — so as to read as
follows : — Section S. Application for license to operate motor License to
vehicles may be made by any person; but before such a license operate motor
is granted the applicant shall pass such examination as to his cation for. ex-'
qualifications as the registrar shall require, and no license shall ^™'°^''°°' ^t^"-
be issued until the registrar or his authorized agent is satisfied
that the applicant is a proper person to receive it, and no such
license shall be issued to any person under sixteen years of age. Minimum age
To each licensee shall be assigned some distinguishing number °^ licensee, etc.

490

Acts, 1923. — Chap. 464.

Special restric-
tions and
limitations.

Contents of
licenses.

Licensees may
operate any
registered
motor vehicle,
unless, etc.
Special licenses
for operators of
motor-propelled
fire apparatus.

Licenses valid
for one year.

Applications to
be sworn to.

G. L. 90, § 10,
amended.

Unlicensed per-
sons not to
operate motor
vehicles, ex-
cept, etc.

Proviso.

Operators of
motor vehicles
of non-resi-
dents.

or mark, and the licenses issued shall be in such form as the
registrar shall determine. They may contain special restrictions
and limitations concerning the type of motor, horse power, design
and other features of the motor vehicles which the licensee may
operate. They shall contain the distinguishing number or mark
assigned to the licensee, his name, place of residence and address,
a brief description of him for purposes of identification, and such
other information as the registrar shall deem necessary. A
person to whom a license to operate motor vehicles has been
issued, unless such license contains a special limitation or re-
striction, may operate any registered motor vehicle. Special
licenses shall be issued to operators of motor-propelled fire
apparatus who are members of a municipal fire department.
Every person licensed to operate motor vehicles as aforesaid
shall endorse his usual signature on the margin of the license, in
the space provided for the purpose, immediately upon the receipt
of said license, and such license shall not be valid until so en-
dorsed. All licenses issued to operators shall be valid for one
year only from the date of issue. Every application filed under
this section shall be sworn to by the applicant before a justice of
the peace or notary public.

Section 4. Section ten of said chapter ninety is hereby
amended by striking out, in the fourth and fifth lines and in the
eighth line, the words "chauffeur or", by striking out, in the
eleventh line, the words "chaull'eurs and" and by striking out
all after the word "registrar" in the twenty -eighth line down
to and including the word "do" in the thirtieth line, — so as to
read as follows: — Section 10. No person shall operate a motor
vehicle upon any way unless licensed under this chapter, except
as is otherwise herein provided; but this section shall not pre-
vent the operation of motor vehicles by unlicensed persons if
riding with or accompanied by a licensed operator, excepting
only persons who have been licensed and whose licenses are not
in force because of revocation or suspension, persons whose right
to operate has been suspended by the registrar, and persons less
than sixteen years of age; but such licensed operator shall be
liable for the violation of an}' provision of this chapter, or of any
regulation made in accordance herewith, committed by such un-
licensed operator; provided, that the examiners of operators, in
the employ of the registrar, when engaged in their official duty,
shall not be liable for the acts of any person who is being exam-
ined. During the period Avithin Avhich a motor vehicle of a non-
resident may be operated on the ways of the commonwealth in
accordance with section three, such vehicle may be operated by
its owner or by his chauffeur or employee without a license from
the registrar if the operator is duly licensed imder the laws of
the state in which he resides, or has complied fully with the
laws of the state of his residence respecting the licensing of
operators of motor \ehicles; but if any such non-resident or his
chauffeur or emplo\ ee be convicted by an\' court or trial justice
of violating any provision of the laws of the commonwealth
relating to motor \ehicles or to the operation thereof, whether
or not he appeals, he shall be thereafter subject to and required

Acts, 1923. — Chap. 464. • 491

to comply with all tlie pro\isions of this chapter relating to the
registration of motor \ehicles owned by residents of the com-
monweal tli and the licensing of the operators thereof. A record
of the trial shall be sent forthwith by the court or trial justice
to the registrar. Tliis section shall apply to the operation of all 4c?ion''^°° °^
vehicles propelled by power other than muscular power, except
railroad and railway cars, road rollers, and motor vehicles running
only upon rails or tracks.

Section 5. Section twelve of said chapter ninety is g. l. so, § 12,
hereby amended by striking out, in the second line, the word ^'^^"^^^•
"specially", so as to read as follows: — Section 12. No person Unlicensed per-
shall employ for hire as a chauffeur any person not licensed in feurs'forbidden
accordance with this chapter. No person shall allow a motor ^tc
vehicle owned by him or under his control to be operated by any
person who has no legal right so to do, or in violation of this
chapter.

Section 6. Section twenty-two of said chapter ninet}^ is g. l. eo, § 22,
hereby amended by striking out, in the fourth and eleventh lines, '*'"®'»^«'i-
the words "or chauffeur", so as to read as follows: — Sec- Suspension or
tion 22. The registrar may suspend or revoke any certificate of cenifi^cate's of
registration or am^ license issued under this chapter, after due registration,

!• r. I'll 1 /!?•_. 11 licenses, etc.

hearing, tor any cause which he may deem suincient, and he
may suspend the license of any operator or the certificate of
registration of any motor cycle in his discretion and without a
hearing, and may order the license or registration certificate to
be delivered to him, whenever he has reason to believe that the
holder thereof is an improper or incompetent person to operate
motor vehicles, or is operating improperly or so as to endanger
the public; and neither the certificate of registration nor the
license shall be reissued unless, upon examination or investiga-
tion, or after a hearing, the registrar determines that the operator
should again be permitted to operate. The registrar, under the
same conditions and for the same causes, may also suspend the
right of any person to operate motor vehicles in the common-
wealth under section ten until he shall have received a license
from the registrar.

Section 7. Section twenty-nine of said chapter ninety is g. l. 90, § 29,
hereby amended by striking out, in the thirty-seventh and amended,
thirty-eighth lines, the words "or chauffeur", so that the
last sentence will read as follows:- — No operator whose license Renewal of
is revoked under this section shall be licensed again within six censes*r"viked
months after the date of the suspension, nor thereafter except for accidents,
in the discretion of the registrar.

Section 8. Section thirty of said chapter ninety is hereby g. l. 90, § 30,
amended by inserting after the word "originals" in the eighth ^™^" ^
line the following new sentence : — Certified copies of such
records of the registrar, attested by the registrar or his authorized
agent, shall be admissible as evidence in any court of the com-
monw'calth to prove the facts contained therein, — so as to read
as follows : — Section 30. A proper record of all applications Records of
and of all certificates and licenses issued shall be kept by the motor v'ehicies,
registrar at his main office, and such records shall be open to inspection, etc.
the inspection of any person during reasonable business hours.

492

Acts, 1923. —Chap. 464.

Certified copies.

As evidence.

Destruction of
records, num-
ber plates,
etc.

G. L. 90, § 33,
etc., amended.

Motor vehicle
fees.

The registrar may issue a certified copy, attested by him or his
authorized agent, of any certificate of registration or of any
Hcense to operate motor vehicles which may have been lost or
mutilated, upon the written request of the person entitled
thereto; and such certified copies shall have the same force and
effect as the originals. Certified copies of such records of the
registrar, attested by the registrar or his authorized agent, shall
be admissible as evidence in any court of the commonwealth
to prove the facts contained therein. The registrar may destroy
applications under this chapter and copies of the licenses and
certificates of registration issued by him, and all letters reporting
accidents or papers relating thereto, excepting those of the
then current year and the year next preceding. He may destroy
or dispose of any obsolete number plates and forms which, in
his opinion, are no longer of any value to the commonwealth,
and may destroy examination papers or the answers given by
the applicants for licenses when the same have become of no
value or when the licenses applied for have been granted. He
may also destroy all records of convictions of persons charged
with violation of the laws relating to motor vehicles unless such
convictions are final convictions under section twenty-four, ex-
cepting those of the then current year and the two years next
preceding.

Section 9. Said chapter ninety, as amended in section
thirty-three by section two of chapter four hundred and three
of the acts of nineteen hundred and twenty-one, is hereby further
amended by striking out said section thirty-three and inserting
in place thereof the following : — Section 33. The registrar or
his authorized agents shall collect fees as follows:

For the registration of every motor cycle, five dollars.

For the registration of every motor truck owned by a city or
town in the commonwealth, and used solely for municipal busi-
ness, two dollars.

For the registration of every other motor truck, and of every
trailer and commercial motor vehicle used solely as such, a fee
based on carrying capacity according to the following schedule:

Capacity of one ton or less
Capacity of two tons and over one ton
Capacity of three tons and over two tons
Capacity of four tons and over three tons
Capacity of five tons and over four tons

20
30
40
50

For any capacity over five tons, fifty dollars for the first five
tons and an additional amount of ten dollars for each additional
ton or part thereof.

For all trailers equipped with non-resilient metal tires, double
the above fees shall be collected, and for electric motor trucks
and electric commercial vehicles used solely as such, and for
all trailers equipped with pneumatic or resilient metal tires, one
half of the above fees shall be collected.

For the registration of every automobile according to the
following schedule:

Less than thirty horse power, ten dollars.

Acts, 1923. —Chap. 464. 493

Thirty or more, hut less than forty horse power, fifteen dol- ^J^g*"'' ■^*''"''*^
lars.

Forty or more, hut less than fifty horse power, twenty dollars.

Fifty horse power and ahove, twenty-five dollars.

For the registration of the motor vehicles or trailers owned
hy or under the control of a manufacturer of or dealer in motor
vehicles or trailers, if such person operates upon the public ways
not more than three automobiles, thirty dollars and ten dollars
for every automobile in excess of three so operated up to and
including ten and two dollars for every automobile in excess of
ten so operated.

For the registration of the motor cycles owned by or under
the control of a manufacturer of or dealer in motor cycles who
does not manufacture or deal in automobiles, including five
pairs of number plates to be furnished with the certificate of
registration, ten dollars.

For the registration of motor vehicles owned by or under the
control of a manufacturer of or dealer in motor vehicle bodies
or tops or a person engaged in the business of repairing motor
vehicles, including one pair of number plates to be furnished
with the certificate of registration, twenty-five dollars, and for
every such additional registration, including number plates,
twenty dollars.

For the registration of every motor vehicle owned by a non-
resident who applies for registration under section three, and
for the registration of every motor vehicle or trailer, by an owner,
and of the motor vehicles owned by or under the control of a
manufacturer of or dealer in motor vehicles, a manufacturer of
or dealer in motor vehicle bodies or tops or a person engaged in
the business of repairing motor vehicles, who applies therefor
during the period beginning with the first day of October and
ending on the thirty-fu"st day of December in any year, in ac-
cordance with section two or section five, one half of the fore-
going fees.

For the registration of every motor vehicle owned by a non-
resident residing within fifteen miles of the boundary of the
commonwealth, under section four, two dollars.

For the substitution of the registration of an automobile for
that of a vehicle previously registered, in accordance with sec-
tion two, two dollars.

For the substitution of the registration of a motor cycle for
that of a motor cycle previously registered, in accordance with
section two, one dollar.

For every license to operate motor vehicles or any renewal
thereof, two dollars, but no fee shall be collected for the renewal
of a special license to operate motor-propelled fire apparatus.

For every examination given to an applicant for a license or
for the renewal of a license to operate motor vehicles, two dollars.

For every additional copy of a certificate of registration or
license, one dollar.

For every certified copy of any application or notice filed with
the registrar and for every certified copy of a certificate of regis-
tration or license, one dollar.

494

Acts, 1923. — Chaps. 465, 466.

Motor vehicle
fees.

Registrar may
furnish without
charge copies,
etc., to cer-
tain public
officials, etc.

Administration
of oath to ap-
plicants, etc.

Time of taking
effect.

For every additional number plate furnished to replace such
plates as have been lost or mutilated or are illegible, and for
every additional motor cycle number plate furnished to a manu-
facturer of or dealer in motor C3^cles whose business requires
more than five pairs of such plates, one dollar.

The registrar or his authorized agents may however furnish
without charge copies of certificates of registration and licenses
to operate, and copies of other documents relating thereto, to
officers of the commonwealth or of any court thereof or of a city
or town therein; and the registrar may issue certificates of regis-
tration for motor vehicles and licenses to operate the same to
any member of the foreign diplomatic corps without the pay-
ment of the fees therefor.

One of the employees of the registrar shall be a justice of the
peace, who shall administer any oath required by this chapter
without any charge therefor; and the charge by any other officer
for the administration of an oath to the truth of the facts stated
in an application under this chapter shall not exceed twenty-five
cents.

Section 10. This act shall take effect January first, nine-
teen hundred and twenty-four. Approved May 25, 1923.

Chap

Time extended
for construction
by Boston Ele-
vated Railway
Company of
underground
station in
Everett.

,455 An Act extending the time for the construction by the
boston elevated railway company of an underground
station in the city of everett.

Be it enacted, etc., as follows:

The time within which the Boston Elevated Railway Com-
pany is required to begin the construction of an underground
station in the city of Everett under the provisions of section two
of chapter three hundred and sixty-four of the Special Acts of
nineteen hundred and seventeen is hereby extended until the
thirty-first day of December, nineteen hundred and twenty-
four. Approved May 25, 1923.

Chap.4:QQ An Act authorizing the city of brockton to pay a sum

, of money to the parents of ELMER WHITE.

Be it enacted, etc., as folloivs:

Section 1. The city of Brockton may pay a sum of money,
not exceeding one thousand dollars to Arthur M. White and
Marion H. White, parents of Elmer White, a minor, who was
killed August twentieth, nineteen hundred and eighteen, by the
police automobile of said city, in consequence of the lack of due
care in the operation of said automobile.

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, that such acceptance occurs prior to
December thirty-first in the current year.

Approved May 25, 1923.

City of Brock-
ton may pay
money to par-
ents of Elmer
White.

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

Acts, 1923. —Chap. 467. 495

An Act relative to the commitment of insane persons Qhav.A&l
TO the bridgewater state hospital, and to the trans-
fer OR DISCHARGE OF INMATES THEREOF.

Whereas, The deferred operation of this act would tend to de- Emergency
feat its purpose, therefore it is hereby declared to be an emer- ^''^^"^
gency law, necessary for the immediate preservation of the
public peace, safety and convenience.

Be it enacted, etc., as follows:

Section 1 . Chapter one hundred and twenty-three of the g. l. 123, new
General Laws is hereby amended by inserting after section |ection after
twenty -two the following new section: — Section 22 A. The de- Authority of
partment shall, subject to all provisions of law now or hereafter mTntardfseasea
in effect, have the same supervision over the commitment of as to commit-
insane persons to the Bridgewater state hospital as it has over fers, etc., to^'
the commitment of insane persons to other state hospitals under |"fdgT^ter
the provisions of this chapter; it shall have the same authority state hospital.
to discharge or transfer inmates of said Bridgewater state hos-
pital who are not under sentence, or whose sentences have ex-
pired, as it has to discharge or transfer inmates of other state
hospitals. In construing this section a maximum and minimum Expiration of
sentence shall be held to have expired at the end of the minimum s^''**'>ces.
term, and an indeterminate sentence, at the end of the maximum
period fixed by law. But the said Bridgewater state hospital J^^fln^^^^gj
shall remain under the jurisdiction of the department of correc- present juris-
tion and the control of the superintendent of the state farm, control.*'**^
Nothing herein contained shall be construed as conferring on the Certain au-
department of mental diseases any authority to change or vary, conferreTon
except as herein provided, the decree or order of a court having department,
competent jurisdiction.

Section 2. Section one hundred of said chapter one hun- o. l. 123, § 100,
dred and twenty-three is hereby amended by inserting after the amended.
word "hospital" in the sixth line the words: — or to the Bridge-
water state hospital, — and also by inserting after the word
"limitations" in the same line the words: — , subject to the
provisions of section one hundred and five, — so as to read as
follows: — Section 100. If a person under complaint or indict- Commitment
ment for any crime is, at the time appointed for trial or sentence, p'ltab^so-caiied,
or at any time prior thereto, found by the court to be insane "'"Je^^tl^'Jl^hos-
or in such mental condition that his commitment to an institu- pitai of persons
tion for the insane is necessary for his proper care or observa- ment^ '"'^''"^'
tion pending the determination of his insanity, the court may
commit him to a state hospital or to the Bridgewater state hos-
pital under such limitations, subject to the provisions of section
one hundred and five as it may order. The court may in its
discretion employ one or more experts in insanity, or other
physicians qualified as provided in section fifty-three, to exam-
ine the defendant, and all reasonable expenses incurred shall be
audited and paid as in the case of other court expenses. A copy
of the complaint or indictment and of the medical certificates
attested by the clerk shall be delivered with such person in ac-

496

Acts, 1923. — Chap. 468.

G. L. 123, § 101,
amended.

Commitment
of persons ac-
quitted of
murder, etc.,
by reason of
insanity.

G. L. 123, § 105,
amended.

Reconveyance
to jail, etc., of
prisoners re-
stored to
sanity.

cordance with section fifty-three. If reconveyed to jail or
custody under section one hundred and five, he shall be held in
accordance with the terms of the process by which he w^as
originally committed or confined.

Section 3. Section one hundred and one of said chapter
one hundred and twenty-three is hereby amended b}?^ inserting
after the word "hospital" in the third line the words: — or to
the Bridgewater state hospital, — so as to read as follows : —
Section 101. If a person indicted for murder or manslaughter
is acquitted by the jury by reason of insanity, the court shall
order him to be committed to a state hospital or to the Bridge-
water state hospital during his natural life. The governor, with
the advice and consent of the council, may discharge such a
person therefrom when he is satisfied after an investigation by
the department that such discharge will not cause danger to
others.

Section 4. Section one hundred and five of said chapter
one hundred and twenty-three is hereby amended by inserting
after the word "four" in the third line the words: — , or of the
commissioner of correction and the superintendent of the state
farm when the removal has been made to the Bridgewater state
hospital, — so as to read as follows: — Section 105. When in
the opinion of the trustees and superintendent of the state hos-
pital to which a prisoner has been removed under section one
hundred or section one hundred and four, or of the commis-
sioner of correction and the superintendent of the state farm
when the removal has been made to the Bridgewater state hos-
pital, the prisoner is restored to sanity, they shall so certify
upon the commitment, and notice accompanied by a written
statement regarding the mental condition of the prisoner shall
be given to the keeper or master of the jail or house of correc-
tion, the superintendent of the prison, or to the person having
custody of him at the time of the removal, who shall thereupon
cause the prisoner to be reconveyed to the jail, house of correc-
tion, prison, or custody from which he was removed.

Approved May 25, 1923.

Chav 468 ^^ ^^^^ relative to the application of certain loans

BY THE CITY OF MEDFORD.

Be it enacted, etc., as follows:

Section 1. The city of Medford is hereby authorized to
appl}' the proceeds of loans issued under authority of chapter
four hundred and eighty-six of the acts of nineteen hundred and
thirteen and of chapter two hundred and sixty-five of the Special
Acts of nineteen hundred and seventeen for the purpose of ac-
quiring land for and constructing a city hall.

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

Approved May 25, 1923.

City of Med-
ford may ap-
ply certain
loans for con-
structing, etc.,
a city hall.

Acts, 1923. —Chap. 469. 497

An Act to provide for the more prompt disposition of (JJmrf 469

CRIMINAL CASES IN THE SUPERIOR COURT.

Be it enacted, etc., as follows:

Section 1 . A justice of a district court, except tlie mu- Certain jus-
nicipal court of the city of Boston, shall, at the Avritten request ^''^rtfto'^iftln
of the chief justice of the superior court, sit in the superior superior court

, . , , . ... . , , . , , , . . at trial or dia-

court at the trial or disposition with or without a jury in any position of cer-

part of the commonwealth of any violation of a by-law, order, ^es!"""^^'

ordinance, rule or regulation made by a city or town or public

officer, of any violation of the liquor law, or of any provision of

section forty -four of chapter two hundred and seventy-two of

the General Laws or of chapter ninety or two hundred and

sevent}-three of the General Laws, and during the continuance

of such request shall have and exercise all the poAvers and duties

which a justice of the superior court has and may exercise in

the trial and disposition of such cases; provided, that no special Pro^'so.

justice of a district court shall so sit and that no justice so

sitting shall act in a case in which he has either sat or held an

inquest in the district court or otherwise has an interest.

Section 2. The chief justice of the superior court may Arrangement
arrange for the holding of such sessions for the trial and dispo- such set^iwis,
sition of such cases and for the attendance of such number of etc.
jurors therefor as the interests of justice and the prompt dis-
position of such cases may in his judgment require. Such
sessions may be held simultaneously with other sessions of the
superior court or at other times in the discretion of the chief
justice.

Section 3. ^Yhen a justice of a district court sits in the Fact of justice
superior court as abo\-e provided, the fact of his holding court sfttlnTin^u"""^*
and the request of the chief justice of the superior court shall be perior court,
entered upon the general records of the court but need not be records, etc.
stated in the record of any case heard by said district court
justice.

Section 4. Justices of district courts when sitting in the Expense aiiow-
superior court as herein provided shall receive from the com- tiJerof°dlstrict
monwealth, in addition to their regular salaries, upon certificate pourts sitting
of the chief justice of the superior court, the amount of expense JSiir"!'^"*"^
incurred by them in the discharge of their duties in connection
with such sessions. The compensation of a special justice for Compensation
services in holding sessions of a district court in place of a justice °fces hoMing"
of a district court while sitting in the superior court as herein sessions of dis-
provided shall be paid by the county and shall not be deducted "^'^ "^""^ ' ^ "'
from the salary of the district court justice so sitting in the
superior court, but shall be repaid to the county by the com-
monwealth.

Section 5. This act shall not be operative after July first,
nineteen hundred and twenty-six. Approved May 25, 1923.

498

Acts, 1923. — Chap. 470.

ChapA70 An Act relative to the registration of public ac-
countants.

Be it enacted, etc., as folloivs:

Section 1. Chapter thirteen of the General Laws is hereby
amended by adding at the end thereof under the title, " Board
of Registration of Certified Public Accountants", the following
three new sections : — Section 33. There shall be a board of
registration of certified public accountants, in the two following
sections called the board, consisting of five persons, residents of
the commonwealth, four of whom shall be registered certified
public accountants and shall have been for seven years actively
engaged in the practice of public accountancy, and one an
attorney at law who has been for seven years actively engaged
in the practice of law.

No member of said board shall belong to the faculty of any
school of accountancy or be financially interested in the manage-
ment of any such school or similar institution. Upon the ex-
piration of the term of a member thereof, his successor, qualified
as aforesaid, shall be appointed by the governor, ■s\ath the advice
and consent of the council, for a term of five years.

Section 34- The members of the board shall hold meetings at
such time as they shall determine and shall annually choose
from their own number a chairman and a secretary.

Section 35. There shall be paid by the commonwealth to the
chairman and secretary a salary of one hundred and fifty dol-
lars each and to each of the other members of the board a salary
of one hundred and twenty-five dollars. Said compensation and
any other expenses necessarily incurred by the board or any
member thereof shall be paid by the commonwealth; provided,
that such compensation and expenses shall not be in excess of
the annual receipts for examination and registration paid to the
commonwealth by the board.

Section 2. Chapter one hundred and tM-elve of the Gen-
eral Laws is hereby amended by inserting after section eighty-
seven under the title, "Registration of Certified Public
Accountants", the following five new sections: — Section 87 A.
The board of registration of certified public accountants, in this
and the four following sections called the board, shall examine
applicants for registration as certified public accountants. It
shall make such rules and regulations as are necessary for the
proper conduct of its duties. The board shall keep a full record
of its proceedings, and a registry of all persons registered by it
which shall be open to public inspection. A duplicate list shall
also be open to inspection in the office of the state secretary.
The board shall make an annual report.

Section 87B. The board shall examine any citizen of the
United States resident in the commonwealth and not less than
twenty-one years of age, who ma^^ fipply for a certificate, shall
investigate his character and fitness, and shall require the pay-
ment of a fee of twenty-five dollars. The fee for re-examination
shall be fixed under regulations made by the board.

G. L. 13, new
sections after
§32.

Board of regis-
tration of cer-
tified public
accountants,
establishment,
qualifications
of members,
etc.

Membership
restriction.

Appointment,
etc., of succes-
sors.

Meetings.

Chairman and
secretary.

Salaries and
expenses.

Proviso.

G. L. 112, new
sections after

§87.

Board of
registration of
certified public
accountants,
duties, etc.

Annual report.

Examinations
for registration
of public ac-
countants.

Fees.

Acts, 1923. —Chap. 471. 499

Section 87C. Any applicant whom the board deems to have Rerfstratioa
the necessary qualifications and professional ability shall be l^^^lfi^^^^^^^
registered as a public accountant by the board and shall receive
a certificate thereof signed by the chairman and secretary of
the board.

Section 87D. A public accountant, registered under the pro- Registered pub-
visions of the preceding section or corresponding provisions of mar^yie^Wm-
earlier laws, may, if the certificate issued to him under said pro- p'^j^!'. Certified
visions has not been suspended or revoked, style himself "Certi- countant".
fied Public Accountant."

Section 87E. No person, not registered under the provisions use of words
of section eighty-seven C or corresponding provisions of earlier jJc^acoTuliF^'t'"
laws, shall designate himself or hold himself out as a certified regulated.
public accountant. No partnership unless all of its members
are registered under said provisions, and no corporation, shall
use the words "certified public accountant" in describing the
partnership or corporation or the business thereof; provided. Proviso.
that any partnership or corporation may represent that a speci-
fied person registered under said provisions is a member of such
partnership or is in the service of such partnership or corpora-
tion. Any violation of this section shall be punished by a fine penalty,
of not more than five hundred dollars or by imprisonment for
not more than six months, or both.

Section 3. Sections thirty-five to thirty-nine inclusive, of ^- ^^^.^^;.|^ ^^ "
chapter ninety -three of the General Laws, as amended by pealed.'
chapter three hundred and ninety-five of the acts of nineteen
hundred and twenty-two, are hereby repealed.

Section 4. The initial appointments of the members of the initial ap-
board of registration of certified public accountants provided member of °
for bv this act shall, as soon as may be after this act takes effect, hoard of regis-

" 111 -ii !• 1 j-ii^ tration of cer-

be SO made by the governor, with the advice and consent oi tne tieed public
council, that the term of one member shall expire annually, accountants.
All such initial appointees shall be qualified as provided in this
act.

Section 5. A\\ rules and regulations in effect at the time Rules, etc., to
this act takes effect shall continue in full force until changed in force, etc.
accordance herewith. Approved May 25, 1923.

An Act authorizing the city of boston to pay a sum of Qhnjf 471

money to the father of JOHN L. BENAGLIA. ^'

Be it enacted, etc., as follows:

Section 1. The city of Boston may pay a sum of money City of Boston
not exceeding five thousand dollars to Joseph Benaglia, father Soney^to father
of John L. Benaglia, who was accidentally killed by an aero- BenagHa^'
plane at Franklin Field on June twenty-fourth, nineteen hun-
dred and nineteen, in consequence of the failure by the city
authorities to provide proper protection to the decedent at the
time of the arrival and landing of said aeroplane. Such 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 said Joseph Benaglia, the same may be paid

500

Acts, 1923. — Chap. 472.

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

in the same manner and subject to the same conditions to his
widow during her hfe.

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, that such acceptance occurs prior to
December thirty-first in the current year.

Approved May 25, 1923.

G. L. 70, §11,
etc., amended.

Definitions un-
der laws as to
school funds.

'Valuation".

"Assured
minimum'

Chav 472 ^^ ^^^ relative to the distribution of state funds for

SCHOOL PURPOSES AND TO STATE REIMBURSEMENT OF CITIES
AND TOWNS FOR FORESTRY PURPOSES.

Be it enacted, etc., as folloivs:

Section 1. Section eleven of chapter seventy of the General
lyaws, as amended by section three of chapter four hundred and
twenty of the acts of nineteen hundred and twenty-one, is hereby
further amended by striking out the paragraph included in lines
four to six, inclusive, and inserting in place thereof the follow-
ing:—

"Valuation" shall mean the town's valuation, as determined
by the last preceding valuation made for the purpose of appor-
tioning the state tax, — so as to read as follows: — Section 11.
For the purposes of Part II of this chapter, the following word
and phrase shall be defined as follows : —

"Valuation" shall mean the town's valuation, as determined
by the last preceding valuation made for the purpose of appor-
tioning the state tax.

"Assured minimum" shall mean the amount by which the
sum of the following items for the last preceding town fiscal
yea»r exceeded the amount received by the town during said
year under Part I and for the tuition of non-resident pupils, in-
cluding state wards;

(1) Salaries paid to full time principals and teachers, not in-
cluding any amounts by which any such salary was at a rate in
excess of nine hundred and fifty dollars.

(2) Two hundred and fifty dollars for each teaching position
held by a full time principal or teacher.

(3) Expenditures for transportation of pupils to the local
schools.

(4) Expenditures for the tuition in, and transportation to,
public elementary schools in adjoining towns.

(5) In the case of towns having over five hundred families and
exempted from the requirement of maintaining a four year high
school, the actual expenditures made during that year for
tuition in high schools in other towns.

In computing the "assured minimum", expenditures for state-
aided vocational or continuation schools or Americanization
classes shall not be included.

Section 2. Chapter one hundred and thirty-two of the
General Laws, as amended in section fourteen by chapter three
hundred and eleven of the acts of nineteen hundred and twenty-
three, is hereby further amended by striking out said section

Computation
of "assured
minimum" to
exclude, etc.

G. L. 132. § 14.
etc.. amended.

Acts, 1928. —Chap. 472. 501

fourteen and inserting in place thereof the following: — Scdio7i stute reim-
14. When any city or town in which one twenty-fifth of one ei^rTnd toLs
per cent of the valuation is more than five thousand dollars for suppression
shall have expended within its limits city or town funds to an brown tair
amount in excess of fi\e thousand dollars in any one year ending '"oths-
No\ember thirtieth in suppressing gypsy or brown tail moths,
the commonwealth shall reimburse such city or town to the
extent of fifty per cent of such excess above said five thousand
dollars.

Cities or towns in whicli one twenty-fifth of one per cent of
the valuation is less than five thousand dollars, and in which
such valuation is greater than six million dollars, shall be reim-
bursed by the commouAvealth to the extent of eighty per cent
of the amount expended by such cities or towns of city or town
funds in suppressing said moths in any one such year, in excess
of said twenty-fifth of one per cent.

In towns in which the valuation is less than six million dollars, Expenditures
after they have expended in any one such year town funds to suppres^g/o^n of
an amount equal to one twenty-fifth of one per cent of their said moths in
valuation, the commonwealth shall expend within the limits
thereof for the suppression of said moths such an amount in
addition as the forester, with the advice and consent of the
governor, shall determine. The commonwealth shall reimburse
cities and towns every sixty days.

No city or town shall be entitled to any reimbursement from Accounts and
the commonwealth until it has submitted to the comptroller c^l^es'^and''^
itemized accounts and vouchers showung the definite amount towns showing
expended by it for the purpose of suppressing said moths, nor fo? moth^sup-
shall anv money be paid out of the state treasury to cities or pression sub-

".,.,, , , , "^ , , mission to

towns until said vouchers and accounts have been approved by comptroller, ap-
the forester and the comptroller, nor unless said expenditure ^^^"^^ • ^ "•
shall have been duly authorized and approved by the forester
or shall have been made prior to December first, nineteen hun-
dred and twenty-two.

For the purposes of this section and section sixteen, the valua- valuation of
tion of a city or town shall mean the valuation of such city or ^ea^ni°e"c
town, as determined by the last preceding valuation made for
the purpose of apportioning the state tax.

Section 3. Section sixteen of said chapter one hundred and ^J^'^/el' ^ *^'
thirty-two is hereby amended by striking out, in the eighth and
twelfth lines, the w' ords " assessed valuation of real and personal
property" and inserting in place thereof in each instance the
word: — valuation, — so as to read as follows: — Section 16. Sums to be
When, in the opinion of the forester, any city or towTi is not ex- anTto/ns'for^
pending a sufficient amount for the abatement of said nuisance suppression of

^ . ° 1 • 1 1 • gJ'Psy and

or IS not conducting the necessary work m a proper manner, brown tail
the forester shall, with the advice and consent of the governor, "^^
order such city or town to expend such an amount as the forester
shall deem necessary, and in accordance with such methods as
the forester, with the consent of the governor, shall prescribe;
provided, that no city or town where the valuation exceeds six Proviso.
million dollars shall be required to expend, exclusive of any re-
imbursement received from the commonwealth, during any one

502

Acts, 1923. —Chap. 473.

full year more than one fifteenth of one per cent of such valua-
tion, and that no town where the valuation is less than six
million dollars shall be required to expend, exclusive of any
reimbursement received from the commonwealth, during any
one full year more than one twenty-fifth of one per cent of such
valuation. Approved May 25, 1923.

ChapA7S An Act relating to deposits with others than banks.
Be it enacted, etc., as follows:

G. L. 169, § 1,
amended.

Application of
laws relating
to deposits
with others
than banks.

G. L. 169, § 2,
amended.

Certain persons
receivina: de-
posits of money
for safe-keeping
to give bond,
etc.

Section 1 . Chapter one hundred and sixty-nine of the Gen-
eral Laws is hereby amended by striking out section one and in-
serting in place thereof the following : — Section 1 . This chapter
shall apply to —

First. All persons engaged or financially interested in the
selling of steamship or railroad tickets for transportation to or
from foreign countries, or in the supplying of laborers, who, in
conjunction with said business, engage or are financially inter-
ested in the business of receiving deposits of money for safe-
keeping, under whatever name or by whatever persons the said
business of receiving deposits is carried on.

Section 2. Said chapter one hundred and sixty-nine is
hereby further amended by striking out section two and in-
serting in place thereof the following : — »Seci{o?i 2. (1) Every
person subject to clause First of section one shall, before en-
gaging or becoming financially interested or continuing to engage
or be financially interested in the business of receiving deposits
of money for safe-keeping, make, execute and deliver to the
state treasurer a bond in a sum equal to twenty-five per cent
of the largest amount of such deposits held by such person at
any one time during the preceding three months, as determined
by the commissioner of banks in this chapter called the com-
missioner, but in no event shall the sum of such bond be less
than twenty -five thousand dollars. Such bond shall be con-
ditioned upon the faithful holding and repayment of the money
deposited for safe-keeping and, in the event of the insolvency
or bankruptcy of the principal, upon the payment of the full
amount of such bond to the assignee, receiver or trustee of the
principal, as the case may require, for the benefit of such persons
as shall deliver money to said principal for safe-keeping.

Acts, 1923. —Chap. 473. 503

(2) Every person subject to clause Second of section one shall, Certain persons
before engaging or becoming financially interested or continuing posits of money
to engage or be financially interested in the business of receiving iZnTofwlTga
deposits of money for the purpose of transmitting the same or countries to
equivalents thereof to foreign countries, make, execute and etc. '^ '
deliver to the state treasurer a bond in a sum equal to twice the
amoimt of money or equivalents thereof transmitted to foreign
countries by such person in any one week, as determined by the
commissioner, but in no event shall the sum of the bond be less
than fifteen thousand dollars. Said bond shall be conditioned

missioner at any time to such amount as shall be shown by
examination to be necessary.

Section 3. Said chapter one hundred and sixty-nine is g. l. i69, s 3,
hereby further amended by striking out section three and in- amended,
serting in place thereof the following : — Section 3. Except as Bonds, by
otherwise expressly provided herein, the provisions of this sec- whona executed,
tion shall apply to the bonds required by paragraphs (1) and
(2) of the preceding section. Each such bond shall be executed
by the person of whom it is required, as principal, with at least
two good and sufficient sureties who shall be residents and
owners of real estate within the commonwealth or by said
person as principal and a surety company, approved by the
commissioner. In lieu of the aforesaid sureties, the person may Deposits in
deposit, and the state treasurer shall accept as security for the ''®" °^ sureties.
fulfilment of the provisions of the bond, money, bonds of the
United States, of this commonwealth or of any municipality
thereof, or, if approved by the commissioner, other bonds, cer-
tificates of deposit issued by a national bank or trust company,
or deposit books of depositors in savings banks or in savings
departments of trust companies or national banks. The money
or securities so deposited shall be held upon the conditions
specified in the bond. If securities be deposited in lieu of sureties
and be accepted, the state treasurer shall require the depositor
to maintain such deposit at a value equal to the amount fixed
as the penalty of the bond, and he may in his discretion permit
the substitution of securities for money, or of money for se-
curities, in whole or in part, or of money or securities for any
sureties, or of a bond for money or securities deposited, or the
withdrawal of securities deposited and the substitution of others
of equal value in their place, and, if the total value of the securi-
ties becomes substantially impaired, he shall require the deposit
of money or additional securities sufficient to cover the impair-

502 Acts, 1923. — Chap. 473.

ChapA7S An Act relating to deposits with others than banks.
Be it enacted, etc., as folloics:

Chapter 473, Acts of 1923.
Referendum petition filed June 20, 1923.
See page 699.

Second. All persons who engage or are financially interested
in the business of receiving deposits of money, for the purpose
of transmitting the same or equivalents thereof to foreign
countries, in such sums that the average of the separate deposits
so received since April first, nineteen hundred and twenty-two,
or during any twelve successive months, or for such period, if
less than twelve months, that such person has been engaged in
such business, is less than five hundred dollars, except duly in-
corporated banks and trust companies, express companies
having contracts with railroad or steamship companies for the
operation of an express service upon the lines of such companies,
or express companies doing an international express business,
or transatlantic steamship companies or telegraph companies.
G- ^■^^^' § 2, Section 2. Said chapter one hundred and sixty-nine is
hereby further amended by striking out section two and in-
Certain persons scrting in place thereof the following: — (Section 2. (1) Every
posTtrof money pcrsou subjcct to clausc First of section one shall, before en-
for safe-keeping gaging or bccomiug financially interested or continuing to engage
etc. ' or be financially interested in the business of receiving deposits

of money for safe-keeping, make, execute and deliver to the
state treasurer a bond in a sum equal to twenty-five per cent
of the largest amount of such deposits held by such person at
any one time during the preceding three months, as determined
by the commissioner of banks in this chapter called the com-
missioner, but in no event shall the sum of such bond be less
than twenty-five thousand dollars. Such bond shall be con-
ditioned upon the faithful holding and repayment of the money
deposited for safe-keeping and, in the event of the insolvency
or bankruptcy of the principal, upon the payment of the full
amount of such bond to the assignee, receiver or trustee of the
principal, as the case may require, for the benefit of such persons
as shall deliver money to said principal for safe-keeping.

Acts, 1923. — Chap. 473. 503

(2) E\ory person subject to clause Second of section one shall, Certain persons
before engaging or becoming financially interested or continuing posits of money
to engage or be financially interested in the business of receiving s^on to°foreign
deposits of money for the purpose of transmitting the same or countries to
equivalents thereof to foreign countries, make, execute and etc.
deliver to the state treasurer a bond in a sum equal to twice the

amount of money or equivalents thereof transmitted to foreign
countries by such person in an}' one week, as determined by the
commissioner, but in no event shall the sum of the bond be less
than fifteen thousand dollars. Said bond shall be conditioned
upon the faithful holding and transmission of any money or
equivalents thereof which shall be delivered to such person for
transmission to a foreign country and, in the event of the in-
solvency or bankruptcy of the principal, upon the payment of
the full amount of such bond to the assignee, receiver or trustee
of the principal, as the case may require, for the benefit of such
persons as shall deliver money or equivalents thereof to said
principal for the purpose of transmitting the same to a foreign
country.

(3) The simi of the bond required by either of the two increase in
preceding paragraphs shall be increased on order of the com- ^""^ °^ bonds,
missioner at any time to such amount as shall be shown by
examination to be necessary.

Section 3. Said chapter one hundred and sixty-nine is g. l. i69, § 3,
hereby further amended by striking out section three and in- amended.
serting in place thereof the following : — Section 3. Except as Bonds, by
nthers\use expressly provided herein, the provisions of this sec- whom executed,
tion shall apply to the bonds required by paragraphs (1) and
(2) of the preceding section. Each such bond shall be executed
by the person of whom it is required, as principal, with at least
two good and suflficient sureties who shall be residents and
owners of real estate within the commonwealth or by said
person as principal and a surety company, approved by the
commissioner. In lieu of the aforesaid sureties, the person may Deposits in
deposit, and the state treasurer shall accept as security for the ^^^^ °^ sureties.
fulfilment of the provisions of the bond, money, bonds of the
United States, of this commonwealth or of any municipality
thereof, or, if approved by the commissioner, other bonds, cer-
tificates of deposit issued by a national bank or trust company,
or deposit books of depositors in savings banks or in savings
departments of trust companies or national banks. The money
or securities so deposited shall be held upon the conditions
specified in the bond. If securities be deposited in lieu of sureties
and be accepted, the state treasurer shall require the depositor
to maintain such deposit at a value equal to the amount fixed
as the penalty of the bond, and he may in his discretion permit
the substitution of securities for money, or of money for se-
curities, in whole or in part, or of money or securities for any
sureties, or of a bond for money or securities deposited, or the
withdrawal of securities deposited and the substitution of others
of equal value in their place, and, if the total value of the securi-
ties becomes substantially impaired, he shall require the deposit
of money or additional securities sufficient to cover the impair-

504

Acts, 1923. — Chap. 473.

Examination
and approval
of bonds, etc.

Licenses for
business of re-
ceiving de-
posits for safe-
keeping or for
transmission to
foreign coun-
tries.

Annual license
fee.

Not transfer-
able, etc.
Place of busi-
ness.

Posting of li-
cense.

Trust fund for
benefit of de-
positors.

Revocation and
surrender of
license.

G. L. 160, § 12,
amended.

ment in value. No bond required by paragraph (1) or para-
graph (2) of the preceding section shall be accepted until it has
been first examined and approved by the commissioner and
unless also approved by the state treasurer, and upon such ap-
proval by the state treasurer it shall be filed in his office. Upon
notice of such approval by the state treasurer, the commis-
sioner shall issue a license authorizing said person to carry on
the business of receiving deposits of money for safe-keeping or
for the purpose of transmitting the same or equivalents thereof
to foreign countries, as the case may be, for a period of one year
from the date of the issuance of the license, at a place to be
specified therein, and no person shall engage or become finan-
cially interested or continue to engage or be financially interested
in either of the aforesaid businesses Avithout such authority.
The license shall state the kind of business which the licensee
is authorized to carry on. If authority is therein given the
licensee to carry on the business of receiving deposits of money
for safe-keeping or for transmitting the same or equivalents
thereof to foreign countries, he shall in either case pay for such
license an annual fee of fifty dollars. The license shall not be
transferred or assigned. It shall not authorize the transaction
of business at any place other than that described in the license,
except with the written approval of the commissioner. Imme-
diately upon the receipt of the license issued by the commis-
sioner, the licensee named therein shall cause the license to be
posted and at all times conspicuously displayed in the place of
business for which it is issued, so that all persons visiting such
place may readily see the same. It shall be unlawful for any
licensee to post the license or to permit the license to be posted
upon premises other than those described therein or those to
which it has been transferred with the written approval of the
commissioner, or knowingly to deface or destroy any such
license. The money and securities deposited with the state
treasurer as herein provided and the money which in case of
breach of the bond shall be paid by any licensee or surety
thereon, shall constitute a trust fund for the benefit of such
persons as shall deposit money with the licensee for safe-keeping
or for transmission as aforesaid, as the case may be, and such
beneficiaries shall be entitled to an absolute preference as to
such money or securities over all general creditors of the licensee.
The license shall be revocable at all times by the commissioner
for cause shown and in the event of such revocation or of a
surrender of the license no refund shall be made in respect of
any Hcense fee paid. Every license shall be surrendered to the
commissioner within twenty-four hours after written notice to
the holder that the license has been revoked. In case of the
revocation of the license the money and securities and the
bond, if there be one, shall continue to be held by the state treas-
urer for a period of one year from the date of such revocation,
unless otherwise directed by the order or judgment of a court
of competent jurisdiction.

Section 4. Said chapter one hundred and sixty-nine is
hereby further amended by striking out section twelve and in-

Acts, 1923. — Chap. 473. 505

serting in place thereof the following: — Section 12. Of the investment of
money held for safe-keeping by persons subject to this chapter, doposit.^''* *"*
not less than twenty per cent shall either be held as cash on
hand, or shall be deposited in savings banks, trust com-
panies or national banks. The remaining eighty per cent of
the money so held for safe-keeping shall be invested only as
follows :

First. As required by section fifty-four of chapter one hun- As required by
dred and sixty-eight, so far as the same may be applicable and fnvesfmenUaw.
except in so far as may otherwise be provided herein.

Second. In real estate not exceeding ten per cent of the de- in real estate.
posits; but the amount invested in any one property, plus
the total amount of the mortgages thereon, shall not exceed the
assessed valuation thereof, except that a valuation made at the
expense of the depositary by a board or committee of invest-
ment of a savings bank or of a trust company, or by the security
committee of a co-operative bank, may be taken as the value
of the property for the purposes of investment as set forth in
this section.

Third. In notes secured by mortgages of real estate not ex- in notes se-
ceeding fifteen per cent of the deposits; but the amount so in- est^atemort*
vested in any one note shall not exceed eighty per cent of the sages.
valuation of the real estate described in the mortgage deed se-
curing the note, such valuation to be determined in the manner
prescribed in the second subdivision of this section; nor shall
such investment be made if the total of any prior mortgages
on the real estate so described, plus the amount to be so in-
vested, exceeds eighty per cent of the valuation, as aforesaid,
of that real estate.

Fourth. In notes which are the joint and several obligations in notes of re-
of tAvo or more responsible persons; provided, that the total eons!^'^^^ ^^'^"
amount so invested shall not exceed twenty per cent of the total Proviso.
amount held for safe-keeping.

Fifth. In notes of responsible borrowers, with a pledge as in notes of re-
collateral of (a) one or more chattel mortgages, {h) jewelry, rowerl'^wit'h*'^'
(c) deposit books of depositors in savings banks or in the sav- pledges.
ings departments of trust companies or national banks, id) ac-
counts receivable against actual values properly secured.

Sixth. In notes secured by mortgages of real estate not ex- in notes se-
ceeding ten per cent of the deposits, where the amount named estatt mort-*
in the note is to be advanced in instalments for the construction s^ses for buiid-
of buildings; but the total amount so invested on the security tion, etc.
of any one note shall never exceed eight}' per cent of the assessed
valuation of the land, plus the total amount of money actually
paid out for materials furnished and for work performed in the
construction of the buildings on said land; and the tax bill
showing the last assessment, and proper evidence to the satis-
faction of the commissioner that the money advanced is for
actual work performed or materials supplied, shall be kept on
file in the office of the depositary, where they may be inspected
at any time by the commissioner or his representative.

Seventh. In notes of persons who are depositors with the in notes of de-
depositary; but the total amount so loaned to any one person p''^'*"'"^-

506

Acts, 1923. — Chap. 474.

In notes of de-
positors jointly,
etc.

In bonds, etc.,
of foreign
governments.

G. L. 169, new
section after
§15.

Business of sell-
ing foreign ex-
change, etc., by
certain persons
regulated.

G. L. 169, § 16,
amended.

Penalty for vio-
lations of cer-
tain laws relat-
ing to deposits
with others
than banks.

G. L. 169, § 18,
amended.

Violations to
cause revoca-
tion of license,
etc.

shall never exceed twice the amount clue from the depositary
to the borrower.

Eighth. In notes which are the joint and several obligations
of two or more persons, each of whom is a depositor with the
depositary; but the amount so loaned on any one note shall not
exceed twice the amount of the total due by the depositary to
the borrowers, and in computing this total there shall be de-
ducted from it the balance of any outstanding financial obliga-
tions of such persons to the depositary.

Ninth. In the bonds or other obligations of foreign govern-
ments; but such investments must first receive the approval of
the commissioner.

Section 5. Said chapter one hundred and sixty-nine is
hereby further amended by inserting after section fifteen the
following new section: — Section ISA. No person to whom
clause First of section one applies shall carry on the business of
selling foreign exchange, drafts or letters of credit, or make a
practice of, or be financially interested in, the selling of the
same, unless he shall have complied with all the requirements
of this chapter relative to persons to whom clause Second of
said section applies, as well as with the requirements relative to
persons to whom said clause First applies.

Section 6. Said chapter one hundred and sixty-nine is
hereb}^ further amended by striking out section sixteen and in-
serting in place thereof the following: — Section 16. Any person
engaging or becoming financially interested or continuing to
engage or be financially interested in the business of receiving
deposits of money for safe-keeping or the business of receiving
deposits of money for the purpose of transmitting the same, or
equivalents thereof, to foreign countries contrary to any pro-
vision of this chapter, and any person who otherwise violates
any provision of this chapter, shall, except as otherwise pro-
vided in section nine, be punished by a fine of not less than fifty
nor more than one thousand dollars or by imprisonment for not
less than one month nor more than one year, or both.

Section 7. Said chapter one hundred and sixty-nine is
hereby further amended by striking out section eighteen and
inserting in place thereof the following: — Section 18. The
violation of any provision of sections twelve to fifteen, inclusive,
shall be sufficient cause for the revocation of any licen.se granted
hereunder to which such provision applies and shall be a viola-
tion of the condition of the bond which was pre-requisite to the
issue of said license. Approved May 25, 1923.

Chap.4i74: An Act establishing the fayville fire and water dis-
trict IN THE TOWN OF SOUTHBOROUGH.

Fayville Fire
and Water
District,
established.

Be it enacted, etc., as follows:

Section 1. The inhabitants of the town of Southborough
residing in that part of said town, known as Fayville, and being
bounded as follows: — Beginning at White's Corner running
northeasterly to a point on Central street three hundred feet
south of one Uhlman's house, thence easterly to a point on the

Acts, 1923. — Chap. 474. 507

Boston road one third of a mile soutli from the junction of
Central street, thence southerly to a point on the eastern bound-
ary of one Slosson's property on the Ashland town line, thence
southwesterly along the Ashland town line to a point on the
northern boundary of one Guinasso's property on Oregon road,
thence southwesterly t6 a point on the northern boundary of
one Cederliolm's property on Oregon road, thence northwesterly
along Oregon road to Woodland road, thence southwesterly
along Woodland road to Break Neck Hill road, thence northerly
on Break Xeck Hill road to White's Corner, to the point of
beginning, are hereby made a body corporate under the name
of the Fayville Fire and Water District, for the purpose of
supplying said district with water for domestic purposes and
for fire and other purposes, subject to all general laws now or
hereafter in force relating to such districts, except as otherwise
provided herein.

Section 2. For the purposes aforesaid, said district, acting May take
by and through its board of commissioners hereinafter provided etc*'''" ^^^'"■^•
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 well, pond, brook, spring or stream within
the limits of the territory described in section one, subject to the
approval of the department of public health ; and for said pur- May take
poses may take as aforesaid, or acquire by purchase or other- etc**'° ''*"'^^^'
wise, and hold, all lands, rights of way and easements necessary
for collecting, storing, holding and preserving such water and
conveying the same to any part of said territory. Said district May erect
may erect on the lands acquired and held under this act proper i,fg™f etc!" ''
dams, 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 May lay
and lay conduits, pipes and other works, over and under any ^pL?etc.
lands, water courses, railroads, railways, and public or private
ways, and along such ways, in such manner as not unnecessarily
to obstruct the same; and for the purposes of constructing,
maintaining and repairing conduits, pipes and other works, and
for all other proper purposes of this act, said district may dig
up any such lands, and, under the direction of the selectmen of
the town of Southborough, enter upon and dig up any such
ways, in such manner as to cause the least hindrance to public
travel thereon. The said district shall not enter upon, construct Requirements
or lay any pipes, conduits or other works within the location of upon"raiiroad
any railroad corporation, except at such time and in such manner locations.
as it may agree upon with such railroad corporation, or in case
of failure so to agree, as may be approved by the department of
public utilities. Said district may take, as a part of the water May take
supply to which the town of Southborough is entitled under an suj'bi^'^™
agreement entered into with the city of Boston on February reservoir of
fourteenth, eighteen hundred and ninety-four, from the Sudbury water system,
reservoir of the metropolitan water system, situated in the town ^^■
of Southborough, or from any available outlet leading from said

508

Acts, 1923. — Chap. 474.

Property
dam ages ,
recovery, etc.

May issue
bonds, etc.

Fayville Fire
and Water
District Loan,
Act of 1923.

Payment of
loan, etc.

Land acquired
to be managed,
etc., by com-
missioners, etc.

Assessment
and collection
of taxes.

First meeting,
how called, etc.

reservoir, water to an amount not exceeding seventy-five thou-
sand gallons per day, upon such terms and conditions as may be
mutually agreed upon by the commissioners and the metro-
politan district commission or in default of such agreement as
may be determined by the department of public health, but
such terms shall not include any charge for water used or to be
used under this act.

Section 3. Any person sustaining damages in his property
by any taking under this act or any other thing done under au-
thority thereof may recover such damages from said district
under said chapter seventy-nine; but the right to damages for
the taking of any water, water right or water source, or for any
injury thereto, shall not vest until water is actually withdrawn
or diverted under authority of this act.

Section 4. For the purpose of paying the necessary ex-
penses and liabilities incurred under the provisions of this act,
the said district may borrow from time to time such sums as
may be necessary, not exceeding in the aggregate one hundred
thousand dollars, and may issue bonds or notes therefor, which
shall bear on their face the words, Fayville Fire and Water
District Loan, Act of 1923. Each authorized issue shall consti-
tute 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 subject to chapter forty-four of the Gen-
eral Laws.

Section 5. The said district shall, at the time of authorizing
the said loan or loans provide for the payment thereof in ac-
cordance with section four 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 expense of
operating the water works and interest as it accrues on 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 upon the said district by the assessors of the
town of Southborough annually thereafter until the debt in-
curred by said loan or loans is extinguished.

Section 6. Any land taken or acquired under this act shall
be managed, improved and controlled by the commissioners
hereinafter provided for, in such manner as they shall deem for
the best interest of the district.

Section 7. Whenever a tax is duly voted by said district
for the purposes of this act, the clerk shall send a certified copy
of the vote to the assessors of the town of Southborough 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 district. The district
may collect interest on overdue taxes in the same manner in
which interest is authorized to be collected on town taxes.

Section 8. A meeting of the voters of the territory included
within the boundaries set forth in section one shall be called,

Acts, 1923. — Chap. 474. 509

on petition of seven or more legal voters therein, by a warrant
from the selectmen of the town of Southborough, or from a
justice of the peace, directed to one of the petitioners, requiring
him to give notice of the meeting by posting copies of the warrant
in two or more public places in the district seven days at least
before the time of the meeting. One of the petitioners shall pre-
side at the meeting until a clerk is chosen and sworn, and the
clerk shall preside until a moderator is chosen. After the choice Question of
of a moderator, the question of the acceptance of this act shall iJct^t'^^bTsub-
be submitted to the voters, and if it shall be accepted by a ma- mitted, etc.
jority 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 9. Said district shall, at the same meeting at which District clerk,
this act is accepted and after such acceptance, elect by ballot a treasurer and
district clerk and a district treasurer, who may be the same board of water
person, to hold office until one year from the next succeeding li^l^onT^^^^'
annual meeting, and at each annual meeting after the first, their powers, etc
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 jears, one until two years, and one until one year, from
the next succeeding annual meeting, to constitute a board of
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 otherwise specifically provided for, shall be
vested in the board of commissioners, who shall be subject,
however, to such instructions, rules and regulations as the dis-
trict may impose by its vote. Any vacancy occurring in said boafd*^etc"
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 10. Said commissioners shall fix just and equitable Commissioners
prices and rates for the use of water, and shall prescribe the rates, etc!^"^
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 Net surplus,
a net surplus remaining after providing for the aforesaid charges, ^^'^ ^^^'^^
it shall be used for such new construction as said commissioners
may determine upon, and in case a surplus should remain after
payment for such new construction the water rates shall be re-
duced proportionately. No money shall be expended in new
construction by said commissioners except from the net surplus
aforesaid, unless the district appropriates and provides money
therefor. All authority vested in said commissioners by the
foregoing provisions of this section shall be subject to the pro-
visions of section nine. Said commissioners shall annually, and Annual, etc.,
as often as the district may require, render to the district a re-
port upon the condition of the works under their charge and

510

Acts, 1923. — Chaps. 475, 476.

Adoption of
by-laws, calling
of meetings,
etc.

To have
certain rights,
etc.

Penalty for
polluting
water, etc.

To be

submitted to
voters of
district, etc.

■ an account of their doings, including an account of receipts and
expenditures.

Section 11. Said district may adopt by-laws prescribing by
whom and how meetings may be called and notified, and upon
the application of seven or more legal voters in said district,
meetings may also be called by warrant from a justice of the
peace as provided in section eight; said district may also choose
such other officers, not provided for in this act, as it may deem
proper or necessary. Said district shall have all the rights and
privileges conferred by law upon water districts and fire districts.

Section 12. Whoever wilfully or wantonly corrupts, pollutes
or diverts any water obtained or supplied under this act, or wil-
fully or wantonly injures any reservoir, standpipe, 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 conviction of any 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 13. This act shall take effect upon its acceptance
by a majority of the voters of the district described in section
one, present and voting thereon at a meeting called for the
purpose within three years after its passage; but the number of
meetings so called in one year shall not exceed three; and for
the purpose of being submitted to the voters as aforesaid, this
act shall take effect upon its passage. Approved May 25, 1923.

ChapA75 An Act authorizing the county of essex to pension

FRANK S. KELLEY.

County of
Essex may
pension Frank
S. Kelley.

To be

submitted to
county
commissioners.

Be it enacted, etc., as follows:

Section 1. The county commissioners of the county of
Essex shall, forthwith upon the acceptance of this act, retire
Frank S. Kelley, for seventeen years a watchman at the house
of correction in LawTence, 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 equal
monthly instalments.

Section 2. This act shall take effect upon its acceptance,
prior to December thirty-fu-st in the current year, by the county
commissioners of the county of Essex.

Approved May 25, 1923.

Chap. 4:7^ An Act granting preference under the civil service to

WIDOWS REGISTERING FOR THE POSITION OF SCRUB WOMAN
OR HELPER IN THE LABOR SERVICE OF THE CITY OF BOSTON.

Be it enacted, etc., as follows:

Section 1. Widows of men who died while in the service of
tlie city of Boston, who register with the department of civil

Preference
under ei^Tl
service to

Acts, 1923.— Chap. 477. 511

service and registration for employment as scrub women or widows
helpers in the labor service of said city, if found qualified, shall poliition ol
be placed on the eligiljle list for the class for which they register ^"/Hl^iJerTn"
ahead of all other applicants. All other widows who so register i.ii«ir service
for such employment in said city shall, if found qualified, be °
placed on the eligible list ahead of all other applicants, except
the class above specified. The names of widows eligible for
scrub women and helpers shall be certified for labor service in
said city in preference to other persons eligible, according to the
method of certification prescribed by the civil service rules.
Section 2. This act shall take effect upon its passage.

Approved May 25, 1923.

An Act establishing the salaries of the members of the (Jhnj) 477

INDUSTRIAL ACCIDENT BOARD AND THE SECRETARY OF THE ^'

DEPARTMENT OF INDUSTRIAL ACCIDENTS.

Be it enacted, etc., as follows:

Section 1. Section two of chapter twenty-four of the Gen- g. l. 24, § 2,
eral Laws, as amended by section one of chapter fi^'e hundred amended.
and thirty-seven of the acts of nineteen hundred and twenty-
two, is hereby further amended by striking out, in the third
line, the words "five thousand" and inserting in place thereof
the words: — fifty-five hundred, — and by striking out, in the
fifth line, the words "fifty-five hundred" and inserting in place
thereof the words : — six thousand, — so as ' to read as fol-
lows : — Section 2. The industrial accident board shall consist industrial
of seven members, one of whom shall be a woman, at salaries of board,
fifty-five hundred dollars each, except that the chairman, who "akri^r*^^'''
shall be designated by the governor, shall receive a salary of terms, etc
six thousand dollars. Upon the expiration of the term of office
of a member, his successor shall be appointed for five years by
the governor, with the advice and consent of the council. The
members shall devote their whole time in business hours to the
work of the board.

Section 2. Section four of said chapter twenty-four is g. l 24 § 4,
hereby amended by striking out, in the third line, the words ^'"''" ^'^'
"forty-five hundred" and inserting in place thereof the words: —
five thousand, — so as to read as follows: — Section 4- The Department
salaries and expenses of the department shall be paid by the accidents"'^
commonwealth. The department may appoint a secretary at salaries, etc.
a salar\- of five thousand dollars, and may remove him. It shall scSy%tc.
also be allow^ed such sums as may annually be appropriated by clerical
the general court for clerical service and traveling and other ^^^^'^^'
necessary expenses. Its records shall be kept in its office.

Section 3. This act shall not take effect until an appropria- Wien to take
tion sufficient to cover the same has been made by the general
court, and then as of June first in the current year.

Approved May 25, 1923.

512

Acts, 1923. —Chap. 478.

G. L. 143, § 72,
amended.

Cinemato-
graphs, etc.,
use, etc.,
regulated.

I^viso.

ChavA78 ^^^ ^^^^ keLu\tive to the use in schools and for other

PURPOSES OF MOVING PICTURE APPARATUS ADAPTED TO
STANDARD WIDTH SAFETY FILMS.

Be it enacted, etc., as follows:

Section 1. Section seventy-two of chapter one hundred and
forty-three of the General Laws is hereby amended by striking
out, in the fifth hne, the words "section eighty-five" and insert-
ing in place thereof the words : — sections eighty-five and eighty-
six, — SO as to read as follows : — Section. 72. No cinematograph
or similar apparatus involving the use of a combustible film
more than ten inches in length, except one using only an en-
closed incandescent lamp and cellulose acetate films not more
than one and one quarter inches in width, shall, except as pro-
vided by sections eightj^-five and eighty-six, be kept or used for
the purpose of exhibiting such films in or upon the premises of
a public building until such cinematograph or similar apparatus
has been inspected and approved by an inspector, who shall
have placed thereon a numbered metal tag; nor until a booth
or enclosure, which has been inspected and approved by such
an inspector and his certificate issued therefor, has been pro-
vided foi' said apparatus; nor until such precautions against
fire as the commissioner of public safety may specify have been
taken by the owner, user or exhibitor; provided, that no such
apparatus shall be operated with oxyhydrogen gas, so-called, or
with limelight. In addition, in Boston the location of any
booth or enclosure surrounding such apparatus shall be approved
by the building commissioner, who may order such additional
precautions against fire as he may deem necessary.

Section 2. Said chapter one hundred and forty-three is
hereby amended by adding at the end thereof the following
three new sections : —

Section 86. Notwithstanding any of the provisions of sec-
tions seventy-two to eighty-five, inclusive,, a cinematograph or
similar apparatus adapted to the use of standard width films, if
specifically licensed and approved by the commissioner of public
safety as evidenced by a tag attached thereto by his authority,
may be used as hereinafter pro\aded, in connection with a
portable projector and without a booth and subject to such
further conditions and regulations as the commissioner may
prescribe, for educational purposes in schools and other institu-
tions of learning, or for business or demonstration purposes.
Said cinematograph or apparatus shall be used only with cellulose
acetate or equally incombustible films marked in the margin
at least once in every linear foot as safe and incombustible, and
tagged or marked as inspected by an inspector, and only in con-
nection with an incandescent electric lamp of not more than six
hundred watts. Such approval and license shall be granted
only upon the written application, accompanied by a fee of
two dollars, of the superintendent of schools in a city or town
in case of intended use in a public school, or of the responsible
head of the university, college, technical or private school or

G. L. 143, new
sections
after § 85.

Use of
cinemato-
graphs, etc., in
schoofe, etc.,
regulation,
special
licenses, etc.

Application
for license,
etc., by whom,
fee, etc.

Acts, 1923. — Chap. 479. 513

county extension service, as the case may be, or if to be used
for business or demonstration purposes, upon the written appli-
cation of a responsible citizen. The commissioner shall also statement to
cause to be posted on apparatus so approved and licensed a !^pp^v|dand
statement of the terms and conditions governing its use and licensed
the penalty hereinafter prescribed for their violation. The said operators'
commissioner, or such local authority as the commissioner may licenses.
designate, may, upon pajTiient of a fee of two dollars, grant a f^, etc. '
license for the term of one j'ear to operate such a cinematograph
or apparatus, under the conditions herein specified, to any
suitable person twenty-one years of age or over. Said license Renewal.
may be renewed on payment of a like fee. Any license or ap- Revocation.
proval granted under this section may be revoked by the com-
missioner, or the local authority authorized to grant the same.
Violation of any provision of this section or of any rule, regula- Penalty.
tion, term or condition imposed by the commissioner of public
safety under its provisions shall be punished by a fine of not
more than five hundred dollars or by imprisonment for not less
than two nor more than six months, or both.

Section 87. Whoever sells or leases or offers or exposes for Penalty for
sale or lease, or loans any nitrous or combustible film as cellulose connection
acetate, incombustible or safety film, or whoever stamps or ^7 gln^g'*^' ^^'''
marks any nitrous or combustible film as cellulose acetate, in-
combustible or safety film, shall be punished by a fine of not
less than one hundred nor more than five hundred dollars or by
imprisonment for not less than six months nor more than two
years, or both.

Section 88. No cinematograph or similar apparatus intended ff^^llnato- °^
for use as a motion picture machine shall be sold, offered for sale graphs or
or leased unless and until it has been inspected and approved by apparatus
an inspector as evidenced by a plate which the inspector shall regulated.
affix thereto upon which shall be set forth the kind of films
which may lawfully be used in operating said cinematograph or
apparatus and the p)enalties prescribed for its unlawful use.
Violation of this section shall be punished by a fine of not less Penalty.
than one hundred nor more than five hundred dollars, or by
imprisonment for not less than six months nor more than two
years, or both. Approved May 25, 1923.

An Act relative to the salaries of certain justices, Qfidj) 479

CLERKS AND ASSISTANT CLERKS OF DISTRICT COURTS.

Be it enacted, etc., as follows:

Section 1. Section seventy-eight of chapter two hundred g. L.218, §78,
and eighteen of the General Laws is hereby amended by striking
out the schedule contained therein and inserting in place thereof
the following: —

Population of District. Salary. Salaries of

Under 5,000 $1,200 Justices of ^

5,000 to 6,000 ^'.,QQ district courts.

6,000 to 7,000 1,400

7,000 to 8,000 1,.500

8,000 to 9,000 . . 1,600

514

Acts, 1923. — Chap. 479.

Salaries of
justices of
district courts.

Population of District.

9,000 to 11,000

11,000 to 13,000

13,000 to 15,000

15,000 to 17,000

17,000 to 18,000

18,000 to 19,000

19,000 to 22,000

22,000 to 25,000

25,000 to 27,000

27,000 to 29,000

29,000 to 31,000

31,000 to 34,000

34,000 to 37,000

37,000 to 40,000

40,000 to 43,000

43,000 to 46,000

46,000 to 49,000

49,000 to 52,000

52,000 to 55,000

55,000 to 58,000

58,000 to 61,000

61,000 to 65,000

65,000 to 70,000

70,000 to 75,000

75,000 to 80,000

80,000 to 85,000

85,000 to 90,000

90,000 to 95,000

95,000 to 100,000

100,000 to 105,000

105,000 to 110,000

110,000 to 115,000

115,000 to 120,000

120,000 to 125,000

125,000 to 130,000

130,000 to 135,000

135,000 to 139,000

139,000 to 143,000

143,000 to 146,000

146,000 to 149,000

149,000 to 152,000

152,000 to 155,000

155,000 to 158,000

158,000 and over

Salary.

Sl,700
1,800
1,900
2,000
2,100
2,200
2,300
2,400
2,500
2,600
2,700
2,800
2,900
3,000
3,100
3,200
3,300
3,400
3,500
3,600
3,700
3,800
3,900
4,000
4,100
4,200
4,300
4,400
4,500
4,600
4,700
4,800
4,900
5,000
5,100
5,200
5,300
5,400
5,500
5,600
5,700
5,800
5,900
6,000

Adjustment of
salaries of
certain justices,
clerks and
assistant clerks
of district
courts.

G. L. 32, § 65,
etc., amended.

Section 2. The salaries of the justices, clerks and assistant
clerks of district courts, except the courts mentioned in sections
seventy-five to sevent^'^-seven, inclusive, of said chapter two
hundred and eighteen, shall, as soon as may be after this act
takes effect, be so readjusted by the officer paying the salary as
to apply the population, according to the last census, to the
schedule and computation of salaries contained in section
seventy-eight, as amended by section one of this act, and in
section seventy-nine, and the salaries so readjusted shall be
allowed and paid by the county from January first, nineteen
hundred and twenty-four.

Section 3. Chapter thirty- two of the General Laws, as
amended in section sixty-five by chapter four hundred and
thirteen of the acts of nineteen hundred and twenty-one, is
hereby further amended by striking out said section sixty-five

Acts, 1923. — Chap. 480. 515

and inserting: in place thereof the following: — Section 65. Any Pensions for
justice of a district court, except the municipal court of the city ccrta^n^d^Lrict
of Boston, appointed before July first, nineteen hundred and courts.
twenty-one, wlio shall have reached the age of seventy, and who
shall have serA'ed as a justice of such court for at least twenty
consecutive years, may, with the approval of the governor and
council, resign his office, and any such justice who so resigns,
or Avho is retired under article LVIII of the amendments to the
constitution, shall thereupon during the remainder of his life
receive an amount equal to three fourths of the salary payable
to him at the time of his resignation or retirement, to be paid
in the same manner in which the salaries of acting justices are
paid, provided that the retirement allowance of any such justice Proviso.
retiring or resigning after January first, nineteen hundred and
twenty-four, shall be based on the salary received by him imme-
diately prior to the last named date. Any justice of any such
court appointed after July first, nineteen hundred and twenty-
one, who is retired under said article LVIII shall on retirement
be entitled to receive a pension equal to one half the salary which
the justice of said court was entitled to receive immediately
prior to July first, nineteen hundred and twenty -one, and payable
in like manner. Sections twenty to twenty-five, inclusive, shall ^ot to'a^'^'i*'""^
not apply to the justices of any such district court.

Section 4. This act shall take effect on January first, nine- Time of
teen hundred and twenty-four. Approved May 25, 1923. taking effect.

An Act providing for the extension of rapid transit nhf.^ aqc)

FACILITIES IN THE DORCHESTER DISTRICT OF THE CITY OF ^f^^P-^^^
BOSTON.

Be it enacted, etc., as follows:

Section 1. The following words as used in this act shall. Extension of
unless the context otherwise requires, have the following mean- faciutie^rn^*

in trS ■ Dorchester

"City" shall mean the city of Boston. Boston.

"Company" shall mean the Boston Elevated Railway Com- definitions.
pany, its successors and assigns. During the period of public
control the board of trustees of the Boston Elevated Railway
Company shall have and exercise all the powers of the com-
pany under this act.

"Department" shall mean the transit department of the city
of Boston, or such board or officers as may succeed to its rights
and duties.

"Premises" shall mean the property authorized to be ac-
quired by the department under the provisions of section two,
except the extension of the Dorchester tunnel and incline.

"Equipment" shall mean the property which the department
is authorized to provide and furnish under the provisions of
section three.

Whenever any act is required or authorized to be done or
performed by the department, such action shall be in the name
of and on behalf of the city of Boston, and whenever any action

516

Acts, 1923. — Chap. 480.

Extension of

Dorchester

tunnel.

Construction,
etc., of line of
surface railway
connecting
with such
extension and
thence running
to Mattapan.

Acquisition,
construction,
etc., of storage,
etc., yards,
areas,
stations, etc.

Route may be
altered, etc.

Acquisition,
etc., of
approaches,
sidings, etc.

Alterations,
additions,
etc., to
Dorchester
tunnel.

Acquisition of
right of way
for surface
railway line
on certain
railroad
locations.

is required or permitted to be taken by the city, such act shall
be performed by the department, unless otherwise expressly
provided.

Section 2. The department shall extend the Dorchester
tunnel from its present terminus at or near Andrew square in
that part of the city known as South Boston, through and under
Boston street, private land, land now or formerly of the Old
Colony Railroad Company, Power street and Dorchester avenue,
bringing said tunnel to the surface by an incline south of Dor-
chester avenue and parallel to and on the westerly side of the
railroad tracks operated by the New York, New Haven and
Hartford Railroad Company, and known as the Boston division,
at a point between Dorchester avenue and Columbia road, and
shall acquire, lay out and construct a line of surface railway
connecting with such extension at said incline, and thence
running substantially parallel to, along or westerly of the loca-
tion of said railroad tracks over or under, along and across public
and private ways and lands to the junction of said tracks near
the present Harrison square station with the tracks operated
by said New York, New Haven and Hartford Railroad Com-
pany, known as the Shawmut branch ; thence running upon and
along the location of said Shawmut branch to a point at or near
the junction of River street and Blue Hill avenue in that part
of the city known as Mattapan. The department shall acquire,
lay out and construct at or near Fields Corner, so-called, be-
tween Dorchester avenue and Geneva avenue in that part of
the city known as Dorchester, or at such other points beyond
Fields Corner as may be agreed upon between the company and
the department suitable yards, tracks and sheds for the storage,
inspection and repair of trains and cars, and shall also lay out
and construct suitable areas, enclosed or otherwise, stations and
shelters at or near Columbia road. Savin Hill avenue and at
such other points as may be agreed upon between the company
and the department and an enclosed transfer area and station
for the convenient interchange of passengers between trains and
cars at or near Fields Corner. For the purpose of avoiding
objectionable curves or any practical or legal obstacles the de-
partment may vary or alter the route herein prescribed, and
may for the purpose of carrying out the work herein authorized,
acquire, lay out and construct or alter approaches, sidings,
bridges, viaducts, inclines, yards and incidental railway struc-
tures.

The department may make such alterations and changes and
additions and extensions to the Dorchester tunnel, at or south
of Andrew square, as the department may deem necessary or
desirable, and the cost of any alterations, changes, additions and
extensions to said tunnel authorized under this act shall be
deemed to be and be a part of the cost of said tunnel.

If the said line of surface railway shall rim over the location,
or a portion thereof, of said main line railroad tracks between
Andrew square and Harrison square the city shall acquire a
right of way therefor from the said railroad companies, either
by purchase or by eminent domain under chapter seventy-nine

Acts, 1923. — Chap. 480. 517

of the General Laws, and in case of the latter the said corpora-
tions shall be entitled to recover compensation for any injury
to tJieir property to the same extent as private persons from
whom takings may be made for the purposes of said line of
surface railway. Said compensation may be made in whole or
in part in land, bridges, structures, materials or labor, including
alterations on said portion of the main line as may be necessary
and proper to put said railroad companies in as good position as
they now are for conducting their business, if the parties so
agree. The portion of said line of surface railway which may Railroads to
be located upon said main line right of way shall be so designed connection*
and constructed that the said railroad companies, or their sue- with sidings,

• 1 1 p • 1 • • 1 1 • T etc., now in use.

cessors, shall have suitable ireight connections with the sidings
and freight yards now in use.

If the said line of surface railway shall be constructed in whole Acquisition of
or in part upon said Shawmut branch, the city shall acquire by bnwh of
purchase or by eminent domain under said chapter seventy-nine ^ew York,^
the whole of said Shawmut branch except such part of the and Hartford
portion between Shawmut junction and Central avenue or such company.
interests therein as the department shall determine to exclude
from such purchase or taking.

Said line of surface railway shall be so designed and con- Railroads to
structed or so operated that the said railroad companies, or their connecTicfns
successors, shall have suitable freight connections from the ^'i-ngs*'o*n"*
junction of their existing track from Neponset to Shawmut said branch.
junction with said Shawmut branch to the sidings now in use
on said branch between Shawmut junction and Central avenue.

When the Dorchester tunnel extension and said line of surface Passenger
railway to Mattapan station are completed and ready for opera- sakTsha^vmut
tion said railroad companies shall abandon all passenger traffic branch, etc., to
upon said Shawmut branch and at the Crescent avenue and by railroad
Sa^in Hill stations, so-called, on said main line, and shall there- fum^slTeT ^"
after be relieved of all duties and obligations relating thereto, hy lessee

, , 111], • of premises,

and thereupon reasonable and adequate passenger service over when, etc.
said Shawmut branch shall be furnished by the lessee of the
premises. Until then said railroad companies shall operate
thereat and thereon, except as may be authorized or required by
the department of public utilities, at such rental, after the
taking or purchase, as shall be agreed upon between the city
and the New York, New Haven and Hartford Railroad Com-
pany. No taking or purchase by the city from the railroad com- Plan for
panics as herein provided shall be made until the department of feTvfc'e^From
public utilities shall have formally approved some plan under fhrouah^''""^
which reasonably frequent and adequate rapid transit passenger shawmut
trains or cars can be safely operated over the track from Welles Mattapan.°
avenue through Shawmut junction to Mattapan. Nothing in Railroad
this act shall be construed to relieve or prevent the New York, ser\nce from
New Haven and Hartford Railroad from operating its freight Neponset
service from Neponset to Central avenue. avenue.

Section 3. The department shall provide, equip and furnish Equipment of
that portion of the line of railway authorized by the preceding surface railway
section extending from the southerly end of said incline to the property?^^'*'^^
terminal at Mattapan, including terminals, stations, shelters, appliances,

^ ° ' ' ' apparatus, etc.

518

Acts, 1923. — Chap. 480.

Equipment of
Dorchester
tunnel
extension.

Preliminary
investigations,
surveys and
plans.

Expenditures
therefor.

Filing of plan
and execution
of certain
contract to
precede work
of construction.

Alterations
in plan.

Approval of
plan, etc., by
certain rail-
road companies
or department
of public
utilities.

enclosed areas, yards and structures appurtenant thereto, with
all necessary ballast, tracks, rails, fastenings, frogs, switches,
switch stands, ties, tie plates, wires, poles, signals, conduits,
lighting and power distribution systems, fences, barriers, station
equipment and incidental apparatus, and in general shall com-
pletely equip and furnish the same with all property, appliances,
apparatus, machinery, furniture and fixtures proper and adapted
thereto and necessary for the convenient maintenance and opera-
tion of a railway therein and thereon to Welles avenue; and
thence to Mattapan for the convenient maintenance and opera-
tion of such type of service as may from time to time be deter-
mined upon by the company in compliance with the preceding
section, and for the safety and accommodation of passengers
using the same.

The extension of the Dorchester tunnel authorized by the
preceding section shall, when constructed, be equipped by the
company in the same manner in which the rest of said tunnel is
equipped.

Section 4. The department shall, immediately after the
passage of this act, make such preliminary investigations, sur-
veys and plans as it may deem expedient, and to that end may
enter upon any lands, and place and maintain marks therein,
and may make excavations and boring and do all other acts
necessary for such investigations and surveys. The department
may expend such sums as it deems necessary therefor. The ex-
penses incurred in making such preliminary investigations,
surveys and plans shall be paid from the loans authorized by
chapter seven hundred and forty-one of the acts of nineteen
hundred and eleven, but if and when the construction is begun
hereunder the amount so expended shall be transferred and
charged to the cost of such construction. The work of construc-
tion, however, shall not be begun until the department has filed
with the commissioner of public works of the city a plan signed
by the department showing the proposed route and the location
thereof, the general form and method of construction, the loca-
tion and equipment of proposed tracks, stations and approaches,
and the alignment and grade, which plan shall be submitted to
the company for its examination, nor until the contract herein-
after mentioned for the use of the premises and its equipment
has been executed. Any such plan so filed may be altered at any
time before the execution of said contract by a new plan signed,
submitted and filed in like manner; but after execution of said
contract no changes shall be made without the consent of the
company thereto in writing.

The work of construction shall not be begun until such plan
or alteration thereof shall, so far as it covers work in, or directly
affecting the operation of, the said portions of the main line
tracks between Andrew square and Harrison square have re-
ceived the approval of said railroad companies, or of the depart-
ment of public utilities, nor shall any such changes be made in
such plan after the beginning of construction without such ap-
proval.

Acts, 1923. —Chap. 480. 519

Section 5. The department is hereby authorized to execute Contract with
a contract with the company upon the terms and conditions ['"evated
herein prescribed for the use of the premises and equipment by ^J^j^'^^!*^
the company for the running of trains and cars therein and for use of
thereon, and for such other uses as the department and the equipment, etc.
company may agree upon, for a term wliich shall extend from
the beginning of the use of the premises and equipment to the
time of the termination of the present lease of the Dorchester
tunnel, at a rental during said term at the rate of four and one Rental.
half per cent per annum upon the fair and reasonable cost, as
determined by the department of public utilities, of the premises
and equipment; provided, however, that the annual rental shall Proviso.
be sufficient to provide for an amount equal to one half of one
per cent of said cost in addition to the annual amount of interest
on the bonds issued to pay for said cost, but not less than said
four and one half per cent in any event. The use of the premises Use of
and equipment by the company shall begin upon certification when'tcT'begUi.
by the department of public utilities that the premises and
equipment are in safe and proper condition for operation. The Provisions
contract shall provide that all equipment shall be maintained orconTract.*^
and kept by the company in proper repair and condition, and
shall contain such provisions for depreciation, obsolescence and
losses as may be agreed upon by the department and the com-
pany, or, in case of difference, as the department of public
utilities may determine. The contract shall also contain such
other provisions and conditions not afPecting the term or rental,
and following the form of the contract for the use of the Dor-
chester tunnel so far as the same may be applicable, as the de-
partment and the company may agree upon, or, in case of
difference, as the department of public utilities may determine.

The cost of the premises and equipment shall be deemed to Cost of
include, except as otherwise provided herein, all expenditures equ'ipmOTt?'^
incurred in acquisition and construction, including damages, what to include.
expenses, such proportion of the salaries of the department as
may in its opinion be properly chargeable thereto, and interest
on the debt incurred for the acquisition and construction of the
premises and equipment prior to the beginning of the use by
the company.

Section 6. For the purpose of carrying out the provisions Use of public
of this act, the department may use public ways and lands ^^y®' ^^°-
without compensation therefor, and may take by eminent Takings,
domain under said chapter seventy-nine, or acquire by purchase etc'°ofTa^nds,
or otherwise, for and on behalf of the city, lands in fee and easements, etc.
easements, estates and rights in land, including any and all
lands, easements and rights owned by any railroad company,
and the right to go under or over the surface thereof or through
or under buildings or parts of buildings thereon; and such
taking in fee or otherwise may be made whether the lands taken
or otherwise affected are held under or by title derived under
eminent domain or otherwise, and may be made for the purpose
of providing locations for pipes, wires, conduits and other struc-
tures, the relocation of which is made necessary or expedient by

520

Acts, 1923. —Chap. 480.

Takings may
be confined to
portions or
sections of
parcels of real
estate, etc.

Sale, etc., of

property

acquired.

Proceeds, etc.,
to be deducted
from cost for
purpose of
ascertaining
rental, except,
etc.

Property
damages,
recovery, etc.

Removal or
relocation of
surface tracks,
conduits,
wires, etc.,
interfering
with construc-
tion or operation
of premises, etc.

Shutting off
gas or current

the construction authorized by this act. A taking under this
section of an easement or other estate or right in a given parcel
of real estate, whether such parcel consists of unimproved land
or of land and buildings, may be confined to a portion or section
of such parcel fixed by planes or other surfaces of division
below, above or at the surface of the soil; and in such case no
taking need be made of upper or lower portions or sections,
except of such easements therein, if any, as the department may
deem necessary.

Section 7. The department may sell the buildings and other
structures upon any lands acquired by it, or may remove the
same ; and shall sell, if a sale be practicable, or if not shall lease,
any lands or rights or interests in land or other property acquired
for the purposes of this act whenever the same shall, in the
opinion of the department, cease to be needed for such purposes.
The proceeds of such sales and leases, and the fair valuation of
any such lands or other property no longer needed for the said
purposes but not actually sold, as agreed upon by the depart-
ment and the company, or, in case of difference, as determined
by the department of public utilities, shall, for the purpose of
ascertaining the rental thereof, be deducted from the cost of
the premises, except that the proceeds from the sales or leases
of land acquired for the Dorchester tunnel extension shall be
credited to the cost of the Dorchester tunnel.

Section 8. Any person sustaining damage by reason of
property or rights in property taken or injured by the depart-
ment under authority of this act, except public ways or lands,
shall be entitled to recover the same from the city under said
chapter seventy-nine. The members of the department shall
not be liable personally for any such damage.

Section 9. The department may order the removal or re-
location of any surface tracks, and the removal or relocation of
any conduits, pipes, wires, poles or other property located in
public ways or places which it deems to interfere with the con-
struction or operation of the premises authorized by this act,
and shall grant new locations for any such structures so removed
or relocated. Such orders, to the extent specified therein, shall
be deemed a revocation of the right or license to maintain such
tracks, conduits, pipes, wires, poles or other property in such
public ways or places, and the owner of any such structures
shall comply with the said orders without expense to the city.
If any such owner shall fail to comply with the order of the
department within a reasonable time, to be fixed in the order,
the department may discontinue and remove such tracks, con-
duits, pipes, wires, poles or other property and may relocate the
same, and the cost of such discontinuance, removal or relocation
shall be repaid to the city by the owner. No such discontinuance,
removal or relocation shall entitle the owner of the property
thus affected to any damages on account thereof. Any such
structures in or upon private lands may be removed and re-
located by the department, or if removed and relocated by the
owner thereof the reasonable expense shall be paid to him by
the department. Any gas or electric lighting company may

Acts, 1923. —Chap. 480. 521

shut off tlie gas or current from any pipes or wires affected by to avoid
any acts done hereunder, so far as may be necessary to avoid '''*"^'''"' '^*^''-
danger of escape or explosion of gas, or other pubh'c danger.

No provisions in this section shall l)e held to be in derogation Certain rigiits
of the provisions of section two relative to the rights of the Old rliWad"
Colony Railroad Company or of the New York, New Haven pompanies
and Hartford Railroad Company in case of a taking or use of
the portion of their main line tracks specified in said section
two.

Section 10. All work done under this act, under or near Construction
public streets and places, shall be conducted, so far as may be rffecting street
practicable, in sucli manner as to leave such streets and places, traffic, etc.
or a reasonable part thereof, open for traffic between the hours
of seven in the forenoon and six in the afternoon of each secular
day, except legal holidays.

Section 11. The treasurer of the city shall from time to City treasurer
time, on request of the department, and without further authori- C'ondstX.
zation than herein contained, issue and sell at public or private
sale the bonds of the city, registered or with interest coupons
attached, as he may deem best, to an amount not exceeding the
cost of carrying out the provisions of this act. Such bonds shall
be designated on their face Dorchester Rapid Transit Bonds; Dorchester
shall be for such terms, not exceeding forty-five years, as the Bonds. '^'^"^'*
mayor and treasurer of the city may determine; and shall bear
interest payable semi-annually, at such rate as the treasurer
shall determine. The proceeds of such bonds, including any Use of proceeds
premiums realized from the sale thereof, shall be used to meet °^ ^°^^^^-
all damages, cost and expenses incurred by the department or
by the city in carrying out the provisions of this act. The pro- Use of proceeds
ceeds from any sale or sales of lands or rights taken or acquired °am!s!ete.
by purchase or otherwise shall be used for the same purpose as
the rentals of said premises and equipment, or shall be used for
the paj'ment of expenditures incurred for construction, as the
department may determine, and all rentals, tolls, percentages Use of rentals,
or other compensation received by the city under the provisions *°'^®' *^*'^'
of this act shall be used in the first instance for the payment of
interest on the bonds herein authorized, and the balance shall
be used for the payment of the principal of said bonds. Any Certain interest
interest received by the city upon the proceeds of the bonds of''bonds°to''bl
prior to the expenditure of such proceeds shall be credited against credited, etc.
interest during construction in ascertaining the net cost of the
premises and equipment. The city shall have, hold and enjoy Premises,
in its private or proprietary capacity, for its own property, the rent^^toTis,'
said premises and equipment, and all rents, tolls, income and etc., to be
profits from all contracts entered into by it for the use of said of c?ty, etc.
premises or equipment or any part thereof, and the same shall
never be taken by the commonwealth except on payment of
just compensation.

Debts incurred by the city for the purposes of this act shall to^affect°'
not be considered in determining the statutory limit of in- Boston's
debtedness of the city. "^'^^ "'"^'•

Section 12. In respect to the use and operation of the Powers, duties,
premises and equipment the company shall have all the powers LTBosVon ^^^"

522

Acts, 1923. — Chap. 480.

Elevated
Railway
Company.

Rights of
common-
wealth, etc., to
take, etc.,
properties of
Boston
Elevated
Railway
Company not
impaired, etc.

When act shall
take effect.

Proviso.

Evidence to be
filed with state
secretary.

Construction
work to be
open to
competitive
bidding, etc.

and privileges and be subject to all the duties, liabilities, re-
strictions and provisions set forth in general and special laws
now or hereafter in force applicable to it. To provide for proper
connections with the premises the company may make such
alterations or extensions of its tracks and locations as the de-
partment may approve.

Section 13. The contract for the use of the premises and
equipment executed in accordance with the authority conferred
by this act shall not in any respect impair any right which the
commonwealth or any political sub-division thereof may at any
time have to take the railway properties of the Boston Elevated
Railway Company or any right which the commonwealth or
any political sub-division thereof has under section sixteen of
chapter one hundred and fifty-nine of the Special Acts of nine-
teen hundred and eighteen. In the event of such taking the
compensation to be paid to the company shall not be enhanced
by reason of such contract, nor shall it be diminished because of
the fact that without it properties might be cut off.

Section 14. Section four of this act shall take effect upon
its passage. The remaining provisions of 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, and by the
Boston Elevated Railway Company by vote of its board of
directors, and upon agreement by the Old Colony Railroad
Company as owner and the New York, New Haven and Hartford
Railroad Company as lessee to accept in payment for said
Shawmut branch, free of all encumbrances except such right for
freight connections as may be reserved under section two,
whether said branch shall be acquired by eminent domain,
purchase or otherwise, such sum, not exceeding one million
dollars, as the department of public utilities after public hearing
shall have previously determined to be just and reasonable and
upon agreement by said companies that there may be deducted
or repaid from such sum the amounts of any judgment or judg-
ments, in any proceedings for the taking of the whole or any
part or parts of said branch in fee, in favor of any other person
for any interest at the date of the taking in the property so
taken; provided that such acceptances and agreement are made
on or before May first, nineteen hundred and twenty-four.
Such acceptances and such agreement shall be evidenced by
certificates thereof filed with the secretary of the common-
wealth.

Section 15. All construction work authorized under this
act shall be open to competitive bidding, shall be advertised in
a reasonable number of newspapers for proposals for the per-
formance of such work, and shall be awarded to the lowest re-
sponsible and eligible bidder, and written contracts shall be
made with such bidder, — except to the extent that it may
prove impracticable because of reasons special and peculiar to
this work and may be otherwise authorized, in writing, by the
department of public utilities. Approved May 25, 1923.

Acts, 1923. —Chaps. 481, 482. 523

An Act relative to the construction of a highway in ph„j) 401

THE CITY OF REVERE AFFORDING AN APPROACH TO THE ^'

METROPOLITAN PARKS DISTRICT.

Be it ciiactcd, etc., as follows:

Section one of chapter five hundred and one of the acts of i922. soi § i,
nineteen hundred and twenty-two is hereby amended by striking
out, in the twelfth Hue, the word "cities" and inserting in place
thereof the word: — city, — by striking out, in the same line,
the words "and Revere" and by striking out, in the seventeenth
and eighteenth lines, the words : — , and in Revere from Broad-
way to North Shore road, — so as to read as follows : — Sec- Division of
lion 1 . The division of highways of the department of public construct "^^^
works is hereby authorized and directed to lay out and con- highway in
struct a highway in the city of Revere beginning at the Maiden affording an
line on or near the present way leading from Revere to that nfitropoiitan
part of the city of Maiden known as Linden and extending to parks district.
Broadway in said city of Revere. The route of such layout and
construction may be along existing public or private ways or
over private land; provided that no work shall be done on the Proviso,
construction of said highway until satisfactory releases have
been obtained from the owners for all land to be used for said
highway without expense and that the city of Maiden shall have City of
made the necessary appropriations and undertaken the con- ^nstruct°
struction of connections satisfactory to said division, said con- connections,
nection in Maiden to run from the Revere line through Linden
square. Beach and Salem streets and over private land to the
Newburyport Turnpike. Approved May 25, 1923.

ChapAS2

An Act relative to the removal of snow and ice from
state and other highways.

Be it enacted, etc., as follows:

Section 1. Chapter eighty -one of the General Laws is g. l si. § 19,
hereby amended by striking out section nineteen and inserting ^"^^'^ ^
in place thereof the following: — Section 19. The town in which Removal of

a state highway lies shall at its own expense keep such highway fro°m s^tate'''^
sufficiently clear of snow and ice to be reasonably safe for travel, highways by
It shall have police jurisdiction over all state highways within towns.
its limits, and shall forthwith give written notice to the division ?o\i«)
or its employees of any defect or want of repair in such high-
ways; but it may make necessary temporary repairs of a state
highway without the approval of the division. The division
shall notify the mayor of a city or the selectmen of a town in
which a state highway lies, whenever, in its opinion, such state
highway is not being kept sufficiently clear of snow and ice, and
shall specify in said notice what should be done to make such
state highway reasonably safe for travel and the time within
which its specifications should be carried out. If such officers do Removal by
not cause such snow and ice to be removed or such state highway hi^h^!^y°upon
to be made reasonably safe for travel in the manner and within failure of
the time specified in such notice, the division may do such work tow^!'"

524

Acts, 1923. —Chap. 482.

Expense to be
paid by cities
and towns.

Exemptions.

G.L. 84, § 11,
amended.

State aid
for keeping
highways open

Proviso.

G. L. 161, § 85,
amended.

Regulations
for clearance
of snow from
traclvs, etc.,
by street
railway
companies.

Proviso.

Copy of
regulations to
companies, etc.

Petition for
amendments.

Hearing,
findings, etc.

and the expense thereof shall be paid from any fund.s available
for keeping highways open during the winter. The division
shall certify the amount so expended to the state treasurer, to
be collected by him in the same manner as the expenses of re-
pairs on state highways are collected under section sixteen.
The division, may, upon petition, exempt any town from the
whole or any. part of such reimbursement, if in its judgment it
would prove an undue burden.

Section 2. Chapter eighty -four of the General Laws is
hereby amended by striking out section eleven and inserting
in place thereof the following: — Section 11. The department
of public works may co-operate with the proper officers of cities,
towns and counties in keeping open and reasonably passable for
vehicles during the winter months such highways as may be
selected by said department, having regard to the importance
thereof for commercial uses and the co-operation and aid to be
rendered by cities, towns and counties and persons in carrying
on this work, and for this purpose may expend such sums as
may be annually appropriated therefor and may accept financial
or other assistance from any city, town, county or person; pro-
vided, however, that the work carried on under this section shall
be supplemental to work undertaken and performed by cities
and towns under other provisions of law, and that nothing in
this section shall render the commonwealth liable for damages
for which it is not liable under other provisions of law or relieve
cities or towns from keeping their highways clear from ice and
snow as required by other provisions of law.

Section 3. Chapter one hundred and sixty-one of the
General Laws is hereby amended by striking out section eighty-
five and inserting in place thereof the following: — Section 85.
The division of highways of the department of public works,
in respect to state highways, and the superintendent of streets
of cities or officers exercising like authority therein and the
selectmen in towns in respect to all other public ways, shall
establish regulations for the clearance of snow from its tracks
by any street railway company operating therein, and for the
removal of such snow by said company from the public ways
in which such tracks are located; provided, that no such com-
pany shall be compelled to remove from the public ways in
which its tracks are located an amount of snow greater than it
has cleared from between its rails and between its tracks and
from a space eighteen inches wide on either side of its tracks.

Annually on or before September first the said division and
the local authorities above named shall transmit to the presi-
dent or other officer of each company operating its cars in the
public ways subject to regulations established by said division
or local authorities, and to the department, a copy of such
regulations. Within fourteen days after the receipt by any
company of such regulations, such company may, by its presi-
dent or a majority of its board of directors, petition the depart-
ment for such amendments thereof as said president or said
board of directors deem reasonable. The department shall, after
notice and a hearing, within sixty days of the receipt of said

Acts, 1923. —Chaps. 483, 484, 485. 525

petition, file with the said division or the said local authorities
and with the president of such company its findings upon said
petition, including: such amendments of said regulations, if any,
as the department deems reasonable, and thereafter such regu-
lations as amended shall be and remain in force until September
first folloAving and until other regulations are established as
herein provided. Approved May 25, 1923.

ChapA83

An Act relative to sittings of the probate court in
berkshire county at great barrington and adams.

Be it enacted, etc., as follows:

Section one of chapter three hundred and twenty-five of the 1923, 325, § 1,
acts of the current year is hereby amended by striking out, in ''"^^nded.
the ninth line, the word "March" and inserting in place thereof
the word : — May, — and by striking out, in the eleventh line,
the word "May" and inserting in place thereof the word: —
March, — so as to read as follows : — Section 1 . Section sixty- sittings of
two of chapter two hundred and fifteen of the General Laws, as fn°Berkshire
amended by chapters forty-one and two hundred and fifty-seven county.
of the acts of nineteen hundred and twenty-two, is hereby
further amended by striking out the paragraph contained in
lines six to fourteen, inclusive, and inserting in place thereof the
following : — Berkshire, at Pittsfield, the first Tuesday of each
month except August and November, and the Wednesday next
after the first Monday of November; at Great Barrington, the
third Tuesdays of February, May, September and December;
at Adams, the third Tuesdays of March, July and October; at
North Adams, the third Tuesdays of January, April, June and
November. Approved May 25, 1923.

An Act reviving gaynor's lunch, inc. Chav 484

Whereas, The deferred operation of this act would cause in- Emergency
convenience and expense, therefore it is hereby declared to be preamble.
an emergency law, necessary for the immediate preservation of
the public convenience.

Be it enacted, etc., as follows:

The Gaynor's Lunch, Inc., a corporation dissolved by chapter Gaynor's
four hundred and forty of the acts of nineteen hundred and revived, etc!
twenty-two, is hereby revived with the same powers, duties and
obligations as if said chapter had not been passed; and all acts
and proceedings of the stockholders, directors and oflficers of
said corporation acting as such which would be legal and valid
but for the passage of said chapter are hereby ratified and con-
firmed. Approved May 25, 1923.

An Act authorizing the appointment of temporary QfiavAS^

ASSISTANT DISTRICT ATTORNEYS FOR THE SUFFOLK DISTRICT.

Whereas, The deferred operation of this act would in part Emergency
defeat its purpose to relieve the congested docket of the district p''®^'^

526

Acts, 1923. —Chap. 486.

District
attorney for
Suffolk district
may appoint
two temporary
assistant
district
attorneys.

attorney for the Suffolk district, 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 foUoivs:

The district attorney for the Suffolk district may appoint two
assistant district attorneys to serve until the first Wednesday of
January, nineteen hundred and twenty-five, and may remove
them at pleasure. They shall be paid monthly by the common-
wealth from the appropriation made for the salaries of the dis-
trict attorney and assistants for the Suffolk district, one at the
rate of five thousand dollars a year, and one at the rate of four
thousand dollars a year. Aj^proved May 25, 1923.

ChapA86 ^^ ^^'^ '^^ apportion and assess a state tax of twelve

MILLION DOLLARS.

Emergency
preamble.

State tax
apportioned
and assessed.

Whereas, A delay in the taking effect of this act would cause
great inconvenience in the collection of the state tax, 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. Each city and town in the commonwealth shall
be assessed and pay the sum with which it stands charged in the
following schedule, that is to say : —

Abington, eleven thousand eight hundred and eighty

dollars ........

Acton, fifty-four hundred dollars ....

Acushnet, sixty-nine hundred and sixty dollars

Adams, tliirty-two thousand five hundred and twenty

dollars ........

Agawam, eleven thousand seven hundred and sixty del

lars ........

Alford, six hundred dollars .....

Amesbury, twenty-three thousand five hundred and

twenty dollars ......

Amherst, fifteen thousand seven hundred and twenty

dollars ........

Andover, twenty-four thousand dollars .

Arlington, fifty-three thousand two himdred and eighty

dollars ........

Ashburnham, thirty-seven hundred and twenty dollars

Ashby, twenty-four hundred dollars

Ashfield, twenty-two hundred and eighty dollars

Ashland, forty-six hundred and eighty dollars

Athol, twenty-three thousand seven hundred and sixty

dollars ........

Attleboro, fifty-three thousand one hundred and sixty

dollars ........

Auburn, sixty-one himdred and twenty dollars
Avon, thirty-three hundred and sixty dollars .
Ayer, sixty-seven hundred and twenty dollars
Barnstable, twenty thousand six hundred and forty dol

lars ........

Barre, eighty-two hundred and eighty dollars
Becket, two thousand and forty dollars .
Bedford, forty-nine himdred and twenty dollars

$11,880 00
5,400 00
6,960 00

32,520 00

11,760 00
600 00

23,520 00

15,720 00
24,000 00

53,280 00
3,720 00
2,400 00
2,280 00
4,680 00

23,760 00

53,160 00
6,120 00
3,360 00
6,720 00

20,640 00
8,280 00
2,040 00
4,920 00

Acts, 1923. —Chap. 486.

527

Belchertown, twenty-eight hundred and eighty dollars
Bellingham, thirty-seven hundred and twenty dollars
Belmont, thirty-four thousand nine hundred and twenty
dollars ........

Berkley, fifteen hundred and sixty dollars
Berlin, nineteen hundred and twenty dollars .
Bcrnardston, sixteen hundred and eighty dollars
Beverly, ninety-four thousand nine hundred and twenty
dollars ........

Billerica, fifteen thousand four hundred and eighty dol
lars ........

Blackstone, fiftj'-two hundred and eighty dollars
Blandford, nineteen hundred and twenty dollars
Bolton, two thousand and forty dollars .
Boston, three million three hundred two thousand four
hundred dollars ......

Bourne, twelve thousand three hundred and sixty dollars
Boxborough, seven hundred and twenty dollars
Boxford, twenty-one himdred and sixty dollars
Boylston, fifteen hundred and sixty dollars
Braintree, twenty-six thousand and forty dollars
Brewster, twenty-two hundred and eighty dollars .
Bridgewater, twelve thousand two hundred and forty dol-
lars ........

Brimfield, twenty-two hundred and eighty dollars .
Brockton, one hundred fifty-seven thousand two hundred
dollars ........

Brookfield, twenty-six hundred and forty dollars
Brookline, two himdred fourteen thousand eight hundred
dollars ........

Buckland, fifty-one hundred and sixty dollars
Burhngton, three thousand dollars
Cambridge, three hundred thirty-five thousand and forty
dollars ........

Canton, fifteen thousand nine hundred and sixty dollars
Carhsle, thirteen hvmdred and twenty dollars
Carver, forty-four hundred and forty dollars .
Charlemont, nineteen hundred and twenty dollars .
Charlton, forty-two hxmdred dollars
Chatham, sixty-thfee hundred and sixty dollars
Chelmsford, fourteen thousand and forty dollars
Chelsea, ninety-two thousand and forty dollars
Cheshire, twenty-six himdred and forty dollars . .
Chester, twenty-six hundred and forty dollars
Chesterfield, nine hundred and sixty dollars .
Chicopee, ninety-seven thousand five hundred and sixty
dollars . . . . _ .

Chilmark, nine himdred and sixty dollars
Clarksburg, nineteen hundred and twenty dollars .
Clinton, thirty thousand nine hundred and sixty dollars
Cohasset, thirteen thousand four hundred and forty dol-
lars ........

Colrain, thirty-six hundred dollars
Concord, fifteen thousand eight hundred and forty dollars
Conway, twenty-one himdred and sixty dollars
Cummington, nine hundred and sixty dollars .
Dalton, eleven thousand four himdred dollars
Dana, thirteen hundred and twenty dollars
Danvers, twenty thousand five hundred and twenty dol
lars ........

Dartmouth, seventeen thousand one hundred and sixty
dollars ........

Dedham, thirty-three thousand dollars .
Deerfield, ninety-two hundred and forty dollars
Dermis, thirty-six hundred dollars
Dighton, seventy-two hundred dollars .

$2,880 00 State tax
3,720 00 apportioned
' and assessed.

34,920 00
1,560 00
1,920 00
1,680 00

94,920 00

15,480 00
5,280 00
1,920 00
2,040 00

3,302,400 00

12,360 00

720 00

2,160 00

1,560 00

26,040 00

2,280 00

12,240 00
2,280 00

157,200 00
2,640 00

214,800 00
5,160 00
3,000 00

335,040 00
15,960 00

1,320 00

4,440 00

1,920 00

4,200 00

6,360 00
14,040 00
92,040 00

2,640 00

2,640 00
960 00

97,560 00

960 00

1,920 00

30,960 00

13,440 00

3,600 00
15,840 00

2,160 00

960 00

11,400 00

1,320 00

20,520 00

17,160 00
33,000 00

9,240 00

3,600 00

7,200 00

528

Acts, 1923. —Chap. 486.

State tax
apportioned
and assessed.

Douglas, forty-three hundred and twenty dollars
Dover, sixty-one hundred and twenty dollars
Dracut, eighty-one hundred and sixty dollars
Dudley, eighty-six hundred and forty dollars .
Dunstable, thirteen hundred and twenty dollars
Duxbury, eighty-one hundred and sixty dollars
East Bridgewater, ninety-two hundred and forty dollars
East Brookfield, eighteen hundred dollars _ .
East Longnieadow, forty-five hundred and sixty dollars
Eastham, thirteen hundred and twenty dollars
Easthampton, twenty-seven thousand eight hundred and
forty dollars .......

Easton, twelve thousand dollars ....

Edgartown, thirty-seven hundred and twenty dollars
Egremont, eighteen hundred dollars
Enfield, sixteen hundred and eighty dollars .
Erving, forty-five hundred and sixty dollars .
Essex, thirty-two hundred and forty dollars .
Everett, one hundred thousand nine hundred and twenty
dollars . . . . . . . . , .

Fairhaven, eighteen thousand two hundred and forty
dollars ........

Fall River, three hundred ninety-four thousand four hun^
dred and forty dollars .....

Falmouth, twenty-one thousand three hundred and sixty
dollars .........

Fitchburg, one hundred eighteen thousand nine hundred
and twenty dollars ......

Florida, twenty-six hundred and forty dollars
Foxborough, seventy-six hundred and eighty dollars
Framingham, fifty-six thousand seven hundred and sixty
dollars ........

Franklin, fifteen thousand one hundred and twenty dol
lars .......

Freetown, thirty-three hundred and sixty dollars
Gardner, forty-one thousand two hundred and eighty
dollars .......

Gay Head, one himdred and twenty dollars .
Georgetown, thirty-three hundred and sixty dollars
Gill, sixteen hundred and eighty dollars
Gloucester, sixty-three thousand dollars
Goshen, seven hundred and twenty dollars
Gosnold, eighteen hundred dollars
Grafton, twelve thousand nine hundred and sixty dollars
Granby, twenty-two hundred and eighty dollars
Granville, fifteen hundred and sixty doUars .
Great Barrington, twenty thousand five hundred and
twenty dollars .......

Greenfield, forty-two thousand three hundred and sixty
dollars .......

Greenwich, twelve hundred dollars
Groton, seven thousand and eighty dollars
Groveland, thirty-seven hundred and twenty dollars
Hadley, sixty-two hundred and forty dollars .
Halifax, nineteen hundred and twenty dollars
Hamilton, ninety-two hundred and forty dollars
Hampden, twelve hundred dollars
Hancock, nine hundred and sixty dollars
Hanover, fifty-five hundred and twenty dollars
Hanson, forty-five hundred and sixty dollars .
Hardwick, seventy-four hundred and forty dollars
Harvard, four thousand and eighty dollars
Harwich, five thousand and forty dollars
Hatfield, sixty-one hundred and twenty dollars
Haverhill, one hundred thirty-eight thousand two hun-
dred and forty dollars ......

$4,320 00
6,120 00
8,160 00
8,640 00
1,320 00
8,160 00
9,240 00
1,800 00
4,560 00
1,320 00

27,840 00
12,000 00
3,720 00
1,800 00
1,680 00
4,560 00
3,240 00

100,920 00
18,240 00

394,440 00

21,360 00

118,920 00
2,640 00
7,680 00

56,760 00

15,120 00
• 3,360 00

41,280 00

120 00

3,360 00

1,680 00

63,000 00

720 00

1,800 00

12,960 00
2,280 00
1,560 00

20,520 00

42,360 00
1,200 00
7,080 00
3,720 00
6,240 00
1,920 00
9,240 00
1,200 00
960 00
5,520 00
4,560 00
7,440 00
4,080 00
5,040 00
6,120 00

138,240 00

Acts, 1923. —Chap. 486.

529

Hawley, six hundred dollars ....

Heath, nine hundred and sixty dollars .
Hinghani, eighteen thousand six hundred dollars
Hinsdale, nineteen hundred and twenty dollars
Holbrook, fifty-four hundred dollars
Holden, fifty-eight hundred and eighty dollars
Holland, three hundred and sixty dollars
Holliston, fifty-eight hundred and eighty dollars
Holj'oke, two hundred eight thousand and eighty dollars
Hopedale, fifteen thousand four hundred and eighty dol-
lars ........

Hopkinton, forty-six hundred and eighty dollars
Hubbardston, twenty-two hundred and eighty dollars
Hudson, fifteen thousand one hundred and twenty dollars
Hull, twenty-five thousand two hundred dollars
Huntington, twentj'-six hundred and forty dollars .
Ipswich, fourteen thousand one hundred and sixty dollars
Kingston, forty-five hundred and sixty dollars
Lakeville, twenty-eight hundred and eighty dollars
Lancaster, seventy-two hundred dollars
Lanesborough, twenty-one hundred and sixty dollars
Lawrence, two hundred forty-eight thousand one hundred

and sixty dollars ......

Lee, eleven thousand two hundred and eighty dollars
Leicester, eighty-four hundred dollars
Lenox, fourteen thousand two hundred and eighty dol-
lars ........

Leominster, forty-one thousand four hundred dollars
Leverett, twelve hundred dollars ....

Lexington, twenty thousand eight hundred and eighty

dollars ........

Leyden, seven hundred and twenty dollars
Lincoln, forty-three hundred and twenty dollars
Littleton, thirty-three hundred and sixty dollars
Longmeadow, eleven thousand and forty dollars
Lowell, two hundred ninety thousand one hundred and

sixty dollars .......

Ludlow, eighteen thousand six himdred dollars
Lunenburg, thirty-eight hundred and forty dollars .
Lynn, two hundred forty thousand three hundred and

sixty dollars .......

Lynnfield, forty-two hundred dollars

Maiden, one hundred four thousand one hundred and

sixty dollars .......

Manchester, twenty-four thousand four hundred and

eighty dollars .......

Mansfield, fourteen thousand two hundred and eighty

dollars .........

Marblehead, twenty-five thousand nine hundred and

twenty dollars ......

Marion, sixty-eight hundred and forty dollars
Marlborough, thirty thousand one hundred and twenty

dollars ........

Marshfield, sixty-three hundred and sixty dollars
Mashpee, one thousand and eighty dollars
Mattapoisett, forty-five hundred and sixty dollars .
Maynard, thirteen thousand two hundred dollars .
Medfield, forty-eight hundred dollars
Medford, eighty-six thousand seven hundred and sixty

dollars ........

Medway, fifty-six hundred and forty dollars .

Melrose, forty-six thousand five hundred and sixty dollars

Mendon, nineteen hundred and twenty dollars

Merrimac, forty-two hundred dollars

Methuen, thirty-six thousand eight hundred and forty

dollars .........

$600 00 state tax
960 00 -iPPortioned

18,600 00 =""^ ^''''^'*-
1,920 00
5,400 00
5,880 00
360 00
5,880 00
208,080 00

15,480 00

4,680 00

2,280 00
15,120 00
25,200 00

2,640 00
14,160 00

4,560 00

2,880 00

7,200 00

2,160 00

248,160 00

11,280 00

8,400 00

14,280 00

41,400 00

1,200 00

20,880 00
720 00

4,320 00

3,360 00
11,040 00

290,160 00

18,600 00

3,840 00

240,360 00
4,200 00

104,160 00

24,480 00

14,280 00

25,920 00
6,840 00

30,120 00

6,360 00

1,080 00

4,560 00
13,200 00

4,800 00

86,760 00

5,640 00
46,560 00

1,920 00

4,200 00

36,840 00

530

Acts, 1923. —Chap. 486.

state tax
apportioned
and assessed.

Middleborough, fifteen thousand six hundred dollars
Middlefield, seven hundred and twenty dollars
Middleton, twenty-four hundred dollars
Milford, twenty-six thousand five hundred and twenty

dollars ........

Millbury, eleven thousand and forty dollars .
MilHs, forty-nine hundred and twenty dollars
Millville, thirty-six hundred dollars
MUton, forty-four thousand one hundred and sixty dol-
lars ........

Monroe, one thousand and eighty dollars
Monson, fifty-seven hundred and sixty dollars
Montague, twenty-tw^o thousand and eighty dollars
Monterey, one thousand and eighty dollars
Montgomery, four hundred and eighty dollars
Mount Washington, three hundred and sixty dollars
Nahant, nine thousand four hundred and eighty dollars
Nantucket, eleven thousand six hundred and forty dol

lars
Natick, twenty-six thousand seven hundred and sixty

dollars ........

Needham, twenty-three thousand five hundred and

twenty dollars ......

New Ashford, two hundred and forty dollars .

New Bedford, four hundred thirteen thousand four hun^

dred dollars .......

New Braintree, twelve hundred dollars .

New Marlborough, thirty-one hundred and twenty doL

lars ........

New Salem, thirteen hundred and twenty dollars .
Newbury, fifty-one hundred and sixty dollars
Newburyport, twenty-eight thousand six hundred and

eighty dollars ........

Newton, one hundred eighty-nine thousand four hundred

and eighty dollars ......

Norfolk, three thousand dollars ....

North Adams, fifty-two thousand eight hvmdred dollars
North Andover, nineteen thousand eight hundred dollars
North Attleborough, twenty-one thousand two hundred

and forty dollars ......

North Brookfield, fifty-five hundred and twenty dollars
North Reading, thirty-two hundred and forty dollars
Northampton, forty-nine thousand eight hundred dollars
Northborough, forty-four hundred and forty dollars
Northbridge, twenty-four thousand nine hundred and

sixty dollars .......

Northfield, thirty-eight hundred and forty dollars .

Norton, forty-eight hundred dollars

Norwell, thirty-two hundred and forty dollars

Norwood, forty-one thousand four hundred dollars .

Oak Bluffs, fifty-six hundred and forty dollars

Oakham, one thousand eighty dollars

Orange, eleven thousand eight hundred and eighty dollars

Orleans, thirty-three hundred and sixty dollars

Otis, nine hundred and sixty dollars

Oxford, sixty-three hundred and sixty dollars

Palmer, twenty-two thousand nine hundred and twenty

dollars ........

Paxton, twelve hundred dollars ....

Peabody, forty-nine thousand nine himdred and twenty

dollars ........

Pelham, thirteen hundred and twenty dollars
Pembroke, thirty-two hundred and forty dollars
Pepperell, sixty-seven hundred and twenty dollars .
Peru, four hundred and eighty dollars .
Petersham, twenty-eight hundred and eighty dollars

$15,600 00

720 00

2,400 00

26,520 00

11,040 00

4,920 00

3,600 00

44,160 00

1,080 00

5,760 00

22,080 00

1,080 00

480 00

360 00

9,480 00

11,640 00

26,760 00

23,520 00
240 00

413,400 00
1,200 00

3,120 00
1,320 00
5,160 00

28,680 00

189,480 00

3,000 00

52,800 00

19,800 00

21,240 00

5,520 00

3,240 00

49,800 00

4,440 00

24,960 00
3,840 00
4,800 00
3,240 00

41,400 00
5,640 00
1,080 00

11,880 00

3,360 00

960 00

6,360 00

22,920 00
1,200 00

49,920 00
1,320 00
3,240 00
6,720 00
480 00
2,880 00

Acts, 1923. — Chap. 486.

531

Phillipston, oi^ht luuKlrod and forty dollars .
Pittsfield, one lunidred nine thousand five hundred and
sixty dollars .......

Plainfield, six hundred dollars ....

Plainville, thirty-seven hundred and twenty dollars
Plymouth, forty-five thousand three hundred and sixty
dollars ........

Plympton, thirteen hundred and twenty dollars
Prescott, six hundred dollars ....

Princeton, twenty-four hundred dollars .
Provincetown, eighty-four hundred dollars
Quincy, one hundred twenty-five thousand five hundred
and twenty dollars ......

Randolph, seventy-five hundred and sixty dollars .
Raynham, thirty-one hundred and twenty dollars .
Reading, twenty thousand five hundred and twenty dol-
lars ........

Rehoboth, thirty-seven hundred and twenty dollars
Revere, sixty thousand dollars ....

Richmond, thirteen hundred and twenty dollars
Rochester, twenty-five hundred and twenty dollars
Rockland, fifteen thousand eight hundred and forty
dollars ........

Rockport, ten thousand two hundred dollars .
Rowe, seven hundred and twenty dollars
Rowley, twenty-seven himdred and sixty dollars
Roj^alston, twenty-five hundred and twenty dollars
Russell, sixty-seven hundred and twenty dollars
Rutland, twenty-six hundred and forty dollars
Salem, one hundred three thousand eight hundred dollars
SaUsbury, fifty-one hundred and sixty dollars
Sandisfield, one thousand and eighty dollars . ' .
Sandwich, thirty-six hundred dollars
Saugus, eighteen thousand nine hundred and sixty dollars
Savoy, six himdred dollars .....

Scituate, fourteen thousand four hundred dollars
Seekonk, fifty-six hundred and forty dollars .
Sharon, seventy-nine hundred and twenty dollars .
Sheffield, thirty-two hundred and forty dollars
Shelburne, forty-nine hundred and twenty dollars .
Sherborn, thirty-nine hundred and sixty dollars
Shirley, forty-nine hundred and twenty dollars
Shrewsbury, ten thousand three hundred and twenty
dollars ........

Shutesbury, eight hundred and forty dollars .
Somerset, si.xty-four hundred and eighty doUars
Somerville, one hundred ninety-four thousand five hun-
dred and twenty dollars .....

South Hadley, twelve thousand seven hundred and
twenty dollars ......

Southampton, sixteen hundred and eighty dollars .
Southborough, sixty-six hundred dollars
Southbridge, twenty-six thousand two hundred and
eighty dollars .......

Southwick, thirty-one hundred and twenty dollars .
Spencer, ninety-six hundred dollars

Springfield, four hundred ninety-two thousand four hun
dred and eighty dollars .....

Sterhng, thirty-tAvo hundred and forty dollars
Stockbridge, eleven thousand and forty dollars
Stoneham, sixteen thousand six hundred and eighty
dollars ........

Stoughton, thirteen thousand six hundred and eighty
dollars . . . .• .

Stow, thirty-three hundred and sixty dollars .
Sturbridge, three thousand dollars

$840 00 state tax

apijortioned

109,r,G0 00""'^"""'''-
GOO 00
3,720 00

45,300 00

1,320 00

600 00

2,400 00

8,400 00

125,520 00
7,560 00
3,120 00

20,520 00

3,720 00
60,000 00

1,320 00

2,520 00

15,840 00

10,200 00

720 00

2,760 00

2,520 00

6,720 00

2,640 00
103,800 00

5,160 00

1,080 00

3,600 00

18,960 00

600 00

14,400 00

5,640 00

7,920 00

3,240 00

4,920 00

3,960 00

4,920 00

10,320 00

840 00

6,480 00

194,520 GO

12,720 00
1,680 00
6,600 00

26,280 00
3,120 00
9,600 00

492,480 00

3,240 00

11,040 00

16,680 00

13,680 00
3,360 00
3,000 00

532

Acts, 1923. — Chap. 486.

State tax
apportioned
and assessed.

Sudbury, forty-four hundred and forty dollars
Sunderland, twenty-one hundred and sixty dollars
Sutton, forty-eight hundred dollars
Swampscott, thirty-two thousand two hundred and

eighty dollars ......

Swansea, forty-nine hundred and twenty dollars
Taunton, eighty-five thousand six hundred and eighty

dollars .......

Templeton, sixty-nine hundred and sixty dollars
Tewksbury, sixty-two hundred and forty dollars
Tisbury, forty-eight hundred dollars
Tolland, seven hundred and twenty dollars
Topsfield, fifty-five hundred and twenty dollars
Townsend, forty-five hundred and sixty dollars
Truro, fourteen hundred and forty dollars
Tyngsborough, twenty-one hundred and sixty dollar
Tyringham, nine hundred and sixty dollars
Upton, thirty-three hundred and sixty dollars
Uxbridge, fourteen thousand and forty dollars
Wakefield, thirty-one thousand six hundred and eighty

dollars .......

Wales, nine hundred and sixty dollars .

Walpole, eighteen thousand four hundred and eighty

dollars .......

Waltham, ninety thousand dollars

Ware, sixteen thousand four hundred and forty dollars

Wareham, sixteen thousand nine hundred and twenty

dollars .......

Warren, ninety-six hundred dollars
Warwick, twelve hundred dollars .
Washington, seven hundred and twenty dollars
Watertown, sixty-three thousand four hundred and eighty

dollars .......

Wayland, eighty-one hundred and sixty dollars
Webster, twenty-five thousand four hundred and forty

dollars .......

Wellesley, thirty-seven thousand four hundred and forty

dollars ........

Wellfleet, twenty-one hundred and sixty dollars

Wendell, nineteen hundred and twenty dollars

Wenham, fifty-eight hundred and eighty dollars

West Boylston, twenty-eight hundred and eighty dollars

West Bridgewater, forty-eight hundred dollars

West Brookfield, twenty-eight hundred and eighty dol

lars ........

West Newbury, twenty-five hundred and twenty dollars
West Springfield, forty-three thousand five hundred and

sixty dollars ......

West Stockbridge, two thousand and forty dollars
West Tisbury, thirteen hundred and twenty dollars
Westborough, eighty-four hundred dollars
Westfield, forty-one thousand two hundred and eighty

dollars .......

Westford, ninety-two hundred and forty dollars
Westhampton, seven hundred and twenty dollars
Westminster, twenty-six hundred and forty dollars
Weston, eleven thousand eight hundred and eighty dollars
Westport, ninety-seven hundred and twenty dollars
Westwood, fifty-eight hundred and eighty dollars
Weymouth, tliirty-three thousand seven hundred and

twenty dollars .....

Whately, twenty-one hundred and sixty dollars
Whitman, fourteen thousand eight hundred and eighty

dollars .......

Wilbraham, fifty-six hundred and forty dollars

S4,440 00
2,160 00
4,800 00

32,280 00
4,920 00

85,GS0 00
6,960 00
6,240 00
4,800 00
720 00
5,520 00
4,560 00
1,440 00
2,160 00
960 00
3,360 00

14,040 00

31,680 00
960 00

18,480 00
90,000 00
16,440 00

16,920 00

9,600 00

1,200 00

720 00

63,480 00
8,160 00

25,440 00

37,440 00
2,160 00
1,920 00
5,880 00
2,880 00
4,800 00

2,880 00
2,520 00

43,560 00
2,040 00
1,320 00
8,400 00

41,280 00

9,240 00

720 00

2,640 00

11,880 00
9,720 00
5,880 00

33,720 00
2,160 00

14,880 00
5,640 00

Acts, 1923. — Chap. 486. 533

Williamsburg, thirty-three hundred and sixty dolhirs . $3,360 00 State tax

Willianistown, twelve thousiuul dollars .... 12,000 00 api.ort,oned

Wilmington, fifty-four hundred dollars .... 5,400 00 "'"' *^'''^««*'''-
Winchendon, twelve thousand eight hundred and forty

dollars 12,840 00

Winchester, forty-seven thousand eight hundred and

eighty dollars 47,880 00

Windsor, eight hundred and forty dollars . . . 840 00
Winthrop, thirty-seven thousand nine hundred and

twenty dollars 37,920 00

Woburn, thirty-six thousand two hundred and forty

dollars 30,240 00

Worcester, five hundred fifty-one thousand eight hundred

and eighty dollars 551,880 00

Worthington, twelve hundred dollars .... 1,200 00

Wrentham, forty-three hundred and twenty dollars . 4,320 00

Yarmouth, forty-nine hundred and twenty dollars . . 4,920 00

$12,000,000 00

Section 2. The state treasurer sliall forthwith send his state
warrant, according to the provisions of section twenty of chapter issurwlrrant.
fifty-nine of the General Laws to the selectmen or assessors of
each city and town taxed as aforesaid, requiring them respec-
tively to assess the sum so charged, and to add the amount of
such tax to the amount of city, town and county taxes to be
assessed by them respectively on each city and town.

Section 3. The state treasurer in his warrant shall require Payment of
the selectmen or assessors to pay, or issue severally their warrant cftfeTand** ^^
or warrants requiring the treasurers of their several cities and towns.
towns to pay to the state treasurer, on or before November
twentieth in the year nineteen hundred and twenty-three, the
sums set against said cities and towns in the schedule aforesaid;
and the selectmen or assessors, respectively, shall return a cer-
tificate of the names of the treasurers of their several cities and
towns, with the sum which each may be required to collect, to
the state treasurer at some time before September first in the
year nineteen hundred and twenty-three.

Section 4. If the amount due from any city or town, as Notice to
provided in this act, is not paid to the state treasurer within detinqu^ent"^
the time specified, then the state treasurer shall notify the f^^^^^^'^'^
treasurer of such delinquent city or town, who shall pay into
the treasury of the commonwealth, in addition to the tax, such
further sum as would be equal to one per cent per month during
the delinquency from and after November twentieth in the
year nineteen hundred and twenty-three; and if the same re-
mains unpaid after December first in the year nineteen hun-
dred and twenty-three, an information may be filed by the
state treasurer in the supreme judicial court, or before any
justice thereof, against such delinquent city or town; and upon
notice to such city or town, and a summary hearing thereon, a Warrant of
warrant of distress may issue against such city or town to enforce n'ay Iss'ue^^^"
the payment of said taxes under such penalties as the court, or
the justice thereof before whom the hearing is had, shall order.
Nothing herein contained shall be construed to prevent the Deduction of

tax from

534

Acts, 1923. — Chap. 487.

moneys due
from common-
wealth.

state treasurer from deducting at any time, from any moneys
which may be due from the commonwealth to the dehnquent
city or town, the whole or any part of said tax, with the interest
accrued thereon, which shall remain unpaid.

Approved May 25, 1923.

ChapAS7 An Act providing an alternative method of taxation of

NATIONAL BANKS AND PROVIDING FOR THE SETTLEMENT OF
certain existing TAX CLAIMS OF SUCH BANKS.

Emergency
preambie.

Whereas, It is urgent that immediate provision be made for
the settlement of existing controversies relative to the taxation
of national bank shares and for the establishment of a suitable
basis on which to assess taxes on national banks in the future,
therefore this act is hereby declared to be an emergency law,
necessary for the immediate preservation of the public con-
venience.

G. L. 63, § 1,
amended.

Taxation of
bank shares.

Proviso.

Whom deemed
owners of
shares.

Alternative
method of
taxation.
G. L. 63, new
sections after
§ 10.

Election by
certain banks
to be taxed
upon their
net income.
" Net income"
term defined.

Be it enacted, etc., as follows:

Section 1. Chapter sixty-three of the General Laws is
hereby amended by striking out section one and inserting in
place thereof the following: — Section 1. All shares of stock in
banks, whether of issue or not, existing by authority of the
United States or of any law of the commonwealth not contained
in chapters one hundred and sixty-seven to one hundred and
seventy-four, inclusive, and located in the commonwealth, shall
be assessed to the owner thereof in the town where such bank is
located, and not elsewhere, in the assessment of state, county,
city and town taxes, whether such owner is a resident of said
town or not. They shall be assessed at their fair cash value on
April first, after deducting therefrom the proportionate part of
the value of the real estate belonging to the bank, at the same
rate as is assessed upon other moneyed capital in the hands of
individual citizens coming into competition with the business of
national banks; provided, that bonds, notes or other evidences
of indebtedness in the hands of individual citizens not employed
or engaged in the banking or investment business and represent-
ing merely personal investments not made in competition with
such business, shall not be deemed moneyed capital, within the
meaning of this section. The persons appearing from the books
of banks to be owners of shares at the close of the business day
last preceding April first shall be deemed to be the owners
thereof.

In lieu of the foregoing tax any such bank may, however, elect
to be taxed upon its net income as provided in section ten A.

Section 2. Said chapter sixty- three is hereby further
amended by inserting after section ten the two following new
sections: — Section 10 A. All banks whose shares are subject to
taxation under section one shall upon election be taxed upon
their net income an amount equal to twelve and one half per
cent thereof. The terra "net income" as herein used shall mean
the net income, for the taxable year as defined in paragraph six

Acts, 1923. —Chap. 487. 535

of section thirty, as required to be returned by the bank to the
federal go^•ernnlent under the federal revenue act of nineteen
hundred and eighteen or of nineteen hundred and twenty-one,
whichever of said acts may be apphcable, and such interest and
dividends received by the bank not so required to be returned
as net income as would be taxable if received by an inhabitant
of this commonwealth; less interest, so required to be returned,
which is recei\ed from bonds, notes and certificates of indebted-
ness of the United States. Any such bank electing to be thus Notice of
taxed shall file with the commissioner notice of such election, in election.
such form as he shall prescribe, on or before the fifteenth day of
March of the year in which the assessment is to be made. The Exemption
commissioner shall, as soon thereafter as may be, notify the [axation^'
assessors of the town where such bank is located of such election,
and in that event the local assessors shall make no assessment
upon the shares of such bank in that year; and no such bank
shall be liable to taxation under section fifty-eight. Banks Returns, etc.
making such election shall make returns to the commissioner
within fifteen days after the date of such election, setting forth
in such detail as he may require the information required for
assessment of the tax herein provided. The statement required
to be made under section four by the cashier of any such bank
shall, if such bank elects to be taxed under this section, be made
and delivered to the commissioner. All provisions of this chapter Certain
relative to the assessment, collection, payment, abatement and cOTporation
administration of taxes applicable to business corporations shall, tax laws to
so far as pertinent, be applicable to taxes under this section. ^"'^^'
Section lOB. Taxes collected under the provisions of section ten Distribution
A shall be distributed, credited and paid to the towns of the "^j^'^fj
commonwealth or shall be retained by the commonwealth in the
manner following : — Such proportion of the tax paid by each
bank, electing to be taxed under section ten A, as corresponds
to the proportion of its shares owned by individuals residing in
this commonwealth, shall be distributed, credited and paid to
the several towns in which such individuals reside on April first
preceding, according to the number of shares so held in such
towns respectively; and the remainder of such tax shall be re-
tained by the commonwealth.

Section 3. Section one of chapter sixty-two of the General g. l. 62, § i,
Laws, as amended by section one of chapter two hundred and sect'.^(6n'
eighty-seven and section one of chapter three hundred and amended,
seventy-eight both of the acts of nineteen hundred and twenty-
three, is hereby further amended by inserting after the word
"sixty-three" in the thirty-third line the words: — or the income
of which banks is taxable under section ten A of said chapter, —
so that sub-section (6) will read as follows : — (6) Dividends, income tax
other than stock dividends paid in new stock of the company o" dividends
issuing the same, on shares in all corporations and joint stock corporations,
companies organized under the laws of any state or nation other etc!' ®^*"'''*'
than this commonwealth, except banks the shares of which are
subject to taxation under section one of chapter sixty-three or
the income of which banks is taxable under section ten A of
said chapter and except such foreign corporations as are subject

536

Acts, 1923. — Chap. 487.

Settlement
of certain
existing tax
claims of
certain banks.

Payments by
common-
wealth.

To The First
National Bank
of Boston.

Effective date
and application
of first five
sections, etc.
Provisos.

Time extension.

Appropriation
for refunds.

Funds, how to
be raised.

Additional
taxes imposed.

Retention
by state.

Effective date
and application
of this section.

to a tax upon their franchises payable to the commonwealth
under section fifty-eight of chapter sixty-three.

Section 4. Any bank which within fifteen days after the
passage of this act or within such further time as the commis-
sioner of corporations and taxation may allow shall have filed a
waiver in such form as the said commissioner shall prescribe,
of any claim which it may have for the abatement or recovery
of such part of the taxes assessed and paid upon its shares for
the years nineteen hundred and twenty-one and nineteen hun-
dred and twenty-two as exceeds one third of such taxes, and
shall present a certificate of abatement or judgment approved
by the attorney general and the said commissioner, shall be paid
out of the treasury of the commonwealth a sum equal to one
third of such taxes, and upon complying with the foregoing con-
ditions there may be paid out of the treasury of the common-
wealth the sum of one million five hundred thousand dollars,
with the approval of the attorney general, to The First National
Bank of Boston in full settlement of all claims for the abate-
ment of taxes assessed upon the shares of said bank for the years
nineteen hundred and seventeen to nineteen hundred and twenty
inclusive.

Section 5. The first five sections of this act shall be efTectiva
as of April first in the current year and shall apply to the assess-
ment of taxes in that year; provided, that in that year the notice
of election mentioned in section two shall be filed wdthin fifteen
days after the passage of this act; and, provided, that in that
year the election, to be effective shall be accompanied by a
waiver by the bank, in such form as the said commissioner shall
prescribe, of any claim which it may have for the abatement or
recovery of any part of the taxes assessed upon its shares in the
years nineteen hundred and twenty-one and nineteen hundred
and twenty-two, in excess of one third thereof. The said com-
missioner may, however, extend the time for filing said waiver.

Section 6. There is hereby appropriated for the purposes of
making the refunds provided for in this act, the sum of three
million dollars to be paid out of the treasury of the common-
wealth, and funds for this purpose are to be raised in the manner
following: —

A. There is hereby imposed, in addition to the taxes levied
under the provisions of chapter sixty -two of the General Laws,
and all acts in amendment thereof and in addition thereto, and
all taxes levied under the provisions of sections eleven to seven-
teen, inclusive, and sections thirty to sixty, inclusive, of chapter
sixty-three of the General Laws, and all acts in amendment
thereof and in addition thereto, an additional tax equal to ten
per cent of the taxes imposed under the provisions of said sec-
tions and chapters, and all provisions of law relative to the as-
sessment, payment, collection and abatement of the said taxes
shall apply to the tax imposed by this section.

B. All the taxes provided by this section shall be retained
by the commonwealth.

C. This section shall take effect as of December first, nine-
teen hundred and twenty-three, and shall apply to the assess-

Acts, 1923. —Chap. 488. 537

ment of taxes in or on account of the calendar year nineteen
hundred and twenty-four.

Section 7. This act sliall take effect upon its passage.

Approved May 25, 1923.

An Act relative to appropriations for school purposes Qh^j) 4g§

IN THE city of BOSTON. "*

Be it enacted, etc., as follows:

Section 1. Section one of chapter two hundred and six of Pi^j^lnj j^j-
the Special Acts of nineteen hundred and nineteen, as amended etc., amended.
by section one of chapter two hundred and forty-nine of the
Special Acts of nineteen hundred and nineteen, by chapter five
hundred and twenty-four of the acts of nineteen hundred and
twenty, and by chapter six hundred and forty-one of the acts
of nineteen hundred and twenty, is hereby further amended by
striking out item {h) and substituting the following: — (6) For Appropriations
the construction and furnishing of new school buildings, both ^c^i^'i'^com-
temporary and permanent, including the taking of land there- mittee for

■« construction

for, and for school yards, and the preparing of school yards etc., of new '
for use, and for the rent of hired school accommodations; for ingg°etc",'''^'"
the financial years ending on the thirty-first day of Janua,ry, reguiateti.
nineteen hundred and twenty-four and nineteen hundred and
twenty-five, respectively, two dollars and thirty-three cents,
and for each financial year thereafter, sixty -eight cents; pro- Provisos.
vided, however, that there shall not be appropriated for purposes
included under the provisions of this item during the fiscal years
ending on the thirty-first day of January, nineteen hundred and
twenty-four and nineteen hundred and twenty-five, more than
three million five hundred thousand dollars in any one year;
and provided, further, that the amount to be raised by taxation
in any one year to meet the appropriations already made and
to be made for said years ending on the thirty-first day of Janu-
ary, nineteen hundred and twenty-four and nineteen hundred
and twenty-five, for purposes included under the provisions of
this item shall not exceed the estimated amount of expenditures
necessary to be made during any year on account of any and
all said appropriations as determined by the school committee
on or before August first of each year and certified to the board
of assessors on or before the fifth day of August in each year,
until the entire amount of appropriations authorized for the
years ending on the thirty-first day of January, nineteen hun-
dred and twenty-four and nineteen hundred and twenty-five,
have been entirely raised by taxation; and provided, further,
that liabilities incurred hereunder may be paid from any money
raised for appropriations made under the provisions of this item.

Section 2. Section one of said chapter two hundred and j^l^-tem ^(cj;
six, amended as aforesaid, is hereby further amended by striking etc'., amended.
out item (c) and inserting in place thereof the following : —
(c) For the alteration and repair of school buildings and for For alteration
furniture, fixtures and means of escape in case of fire, and for schooF'*''^"
fire protection for existing buildings, and for improving existing '^"'''^^°||' ^^•'
school yards: for the financial years ending on the thirty-first

538

Acts, 1923. — Chap. 489.

Tax limit
increased.

To be

submitted to
mayor, city
council and
school
committee.

day of January, nineteen hundred and twenty-four, nineteen
hundred and twenty-five and nineteen hundred and twenty-six,
respectively, ninety-one cents, and for each financial year there-
after, thirty-five cents.

Section 3. The limit of the amount of taxes that may be
assessed on property in the city of Boston is hereby increased
in the year nineteen hundred and twenty-three and in each
year thereafter by such an amount, on each one thousand dol-
lars of the valuation upon which the appropriations of the city
council of said city are based, as may be necessary to raise
sufficient money to meet the provisions of this act.

Section 4. This act shall take effect upon its acceptance
by the mayor, the city council and the school committee of said
city. Approved May 25, 1923.

City of
Boston may
widen and
construct
Cambridge
street and
Court street.

CAa».489 ^^ ^^^ to provide for the widening and construction

OF CAMBRIDGE STREET AND COURT STREET IN THE CITY OF
BOSTON.

Be it enacted, etc., as follows:

Section 1. The board of street commissioners of the city
of Boston may, with the approval of the mayor, widen and con-
struct to a width not less than one hundred feet and not exceed-
ing one hundred and fifty-five feet Cambridge street from
Charles street to Lindall place, and to a width not less than one
hundred feet from Lindall place through Bowdoin square and
Court street to Brattle street, upon plans to be prepared by said
board of street commissioners and to be approved by the Boston
planning board before the commencement of the widening and
construction and before the commencement of any proceedings
for the taking of any real estate or interest therein. Nothing
in this act contained shall authorize the taking of any property,
rights or interests of the commonwealth, but the department of
public utilities is hereby authorized, in the name and on behalf
of the commonwealth, to sell and convey to the city such rights
or interests in the property conveyed to the commonwealth in
accordance with the provisions of chapter three hundred and
sixty -nine of the General Acts of nineteen hundred and nineteen
as will not cause any interference with or interruption of
transportation service over said property, on such terms and con-
ditions as it may deem fair and reasonable and for such consider-
ation as it may determine to be the fair and reasonable value
thereof. The proceeds of any such sale shall be applied as pro-
vided in section five of said chapter three hundred and sixty-
nine. If the lay-out or construction of said widening necessitates
any alteration in the elevated railway structures acquired by
the commonwealth under said chapter or the foundations or
other appurtenances thereof, plans therefor shall be subject to
the approval of the department of public utilities, and the con-
struction of such alterations and work incidental thereto shall
be performed by the Boston Elevated Railway Company. The
city shall repay to said company the actual cost thereof, with
interest from the date any expenditures therefor are made; and

Common-
wealth may
sell to Boston
certain rights,
etc., in
Cambridge
subway
property.

Necessary

alterations in

elevated

railway

structures by

Boston

Elevated

Railway

Company.

Repayment of
cost by city,
etc.

Acts, 1923. —Chap. 489. 539

the amounts paid for the aequisition of property of the common-
wealth and for alterations in tJie said elevated structures shall
be considered as a part of the cost of the widening and construc-
tion of said street or streets.

Section 2. Except as otherwise provided in section one, Acquisition
real estate or any interest therein may be acquired for the by'^^^inen't®
purposes of this act by eminent domain, but in no other manner, domain.
The said widening and construction of the said Cambridge widening, etc.,
street and Court street and the assessment of betterments jJ^s's'^men'tT''"*^
therefor shall be made in accordance with the provisions of therefor, how
chapter three hundred and ninety-three of the acts of nineteen ° '^ ^^ ®'
hundred and six, as amended by chapter five hundred and
thirty-six of the acts of nineteen hundred and thirteen, and
chapters seventy -nine and eighty of the General Laws, in so far
as the said laws are consistent with the provisions of this act;
provided, however, that no award or settlement of damages for proviso.
any taking hereunder, and no assessment or settlement of better-
ments, except pursuant to judgment rendered in eminent domain
proceedings or proceedings for the adjudication of betterments,
shall be made unless the terms of such award, assessment or
settlement and all pertinent facts shall have been submitted to
the Boston finance commission not less than ten days before
such award, assessment or settlement is made.

Section 3. The treasurer of the city of Boston, without city treasurer
any other authority than that contained in this act shall from e°cf ®"® ''°"'^^-
time to time, on request of the mayor, issue and sell at public
or private sale bonds of the city to an amount not exceeding
three million five hundred thousand dollars, which shall be out-
side the statutory limit of indebtedness. Each authorized issue
of bonds shall constitute a separate loan. The bonds shall be
designated on their face, Cambridge Street and Court Street Cambridge
Bonds, Act of 1923, shall be in such form of coupon bonds, or co'urt street
registered bonds without coupons, or coupon bonds exchange- ^""jj^l ^^^^
able for registered bonds, as the treasurer of the city shall de-
termine; shall be for such terms not exceeding twenty years Terms.
from the dates of issue as the mayor and treasurer of the city
shall determine; shall bear interest in accordance with the interest.
provisions of chapter fifty-two of the Special Acts of nineteen
hundred and eighteen ; and shall be payable by such annual pay- Payment.
ments as will extinguish the same at maturity and so that the
first of the said annual payments on account of any loan shall
be made not later than one year after the date of the bonds
issued therefor, and that the amount of the said payments in
any year on account of such loan shall not be less than the
amount of principal of the loan payable in any subsequent year.
The said annual amounts, together with the interest on the
loan, shall, without further action, be assessed until the debt is
extinguished. The treasurer of the city of Boston shall hold the Application,
proceeds of said bonds in the treasury of the city, and pay there- pj^oceeds.
from the costs and expenses incurred under the provisions of this
act. Any premiums received from the sale of the said bonds,
less the cost of preparing, issuing and selling the same, shall be
applied to the payment of the principal of the first bond or bonds

540

Acts, 1923. — Chap. 490.

Temporary
loan.

to mature. The city treasurer may, with the approval of the
mayor, make a temporary loan for a period of not more than
one year in anticipation of the money to be derived from the
sale of any issue of the said bonds, and may issue notes therefor,
and such notes may be refunded by the issue of new notes
maturing within the said year; but the period of the permanent
loan herein authorized shall not be extended by reason of the
temporary loan. Approved May 25, 1923.

Chav 490 ^^ ^^^ ^° incorporate the Harwich water company.
Be it enacted, etc., as folloios:

Harwich
Water
Company,
incorporated.

May take, etc.
waters, lands,
etc.

May erect
dams, build-
ings, etc.

Proviso.

May construct
and maintain
aqueducts,
conduits, etc.

Section 1. George L. Weekes, Malcolm B. Davis and
Susan R. Haynes, their associates and successors, are hereby
made a corporation, by the name of the Harwich Water Com-
pany, for the purpose of supplying the inhabitants of the town
of Harwich, or any part thereof, with water for domestic, manu-
facturing and other purposes, including the extinguishment of
fires, with all the powers and privileges, and subject to all the
duties, restrictions and liabilities set forth in all general laws
now or hereafter in force applicable to such corporations.

Section 2. Said corporation for the purposes aforesaid, may
lease, take by eminent domain under chapter seventy-nine of
the General Laws, or acquire by purchase or otherwise, and
hold and convey the waters, or so much thereof as may be
necessary, of any ponds, brooks, springs or streams, or of any
underground sources of supply by means of wells which may
be constructed or sunk at any suitable place, and also all lands,
rights of way and easements necessary for holding and preserving
such waters and for conveying the same to any part of said
town; and may erect on the land thus taken or held proper
dams, buildings, standpipes, fixtures and other structures, and
may make excavations, procure and operate machinery, and
provide such other means and appliances, and may do such
other things, as may be necessary for the establishment and
maintenance of complete and effective water works; provided,
however, that no source of water supply for domestic purposes
or lands necessary for preserving the quality of such water shall
be acquired under this act without the consent of the depart-
ment of public health and that the location of all dams, reser-
voirs, wells or other works for collecting or storing water shall
be subject to the approval of said department.

Section 3. Said corporation, for the purposes aforesaid,
may construct, lay and maintain aqueducts, conduits, pipes and
other works, under or over any lands, water courses, canals,
dams, railroads, railways and public or other wa,ys, and along
any highways or other ways in the town of Harwich, in such a
manner as not necessarily to obstruct the same and for the
purpose of constructing, laying, maintaining and repairing such
aqueducts, conduits, pipes and other works, and for all purposes
of this act, said corporation may dig up, raise and embank any
such lands, highways, or other ways in such manner as to cause
the least hindrance to public travel; but all things done upon

Acts, 1923. — Chap. 490. 541

any public wuy shall ho suhject to the direction and approval of

tlie selectmen of said town. The said corporation shall not Requirements

, . J -x xi 1 for entry upon

enter upon, construct or lay any pipes, conduits or other works railroad
within the location of an^- railroad corporation, except at such 'orations,
time and in such manner as it may agree upon with such
railroad corporation, or, in case of failure so to agree, as may be
approved by the department of public utilities.

Section 4. Any person sustaining damages in his property DamaKos, how
by any taking under this act or any other thing done under "-ecovered, etc.
authority thereof may recover such damages from said corpora-
tion under said chapter seventy-nine; but the right to damages
for the taking of an.y water, water right or water source, or for
any injury thereto, shall not vest until water is actually with-
drawn or diverted under authority of this act.

Section 5. Said corporation may distribute water through May distribute
the town of Harwich, or any part thereof, may regulate the use ^tel%tc.
of the same, and may establish and fix from time to time subject
to the approval of the department of public utiHties, the rates
for the use of said water and may collect the same; and may
make such contracts with the said town or with any fire district
now or hereafter established therein, or wnth any person or
corporation, to supply water for the extinguishment of fires, or
for such other purposes as may be agreed upon.

Section 6. Said corporation, ma}^, for the purposes set forth May hold
in this act, hold real estate not exceeding in value twenty thou- '"''''' ''''^''^^■
sand dollars, and the capital stock of said corporation shall not Capital stock.
exceed one hundred and fifty thousand dollars, to be divided
into shares of one hvmdred dollars each. If it be necessary for
the purposes of said corporation, an increase of capital stock
may be authorized by the department of public utilities as pro-
vided by law.

Section 7. Said corporation may issue bonds, and may May issue
secure the same b}^ a mortgage of its franchise and other prop- °" ®' '^^^'
erty to an amount not exceeding its capital stock actually paid
in. The proceeds of all bonds so issued shall be expended only Expenditure
in the extension of the works of the corporation and in the pay- °^ proceeds.
ment of expenditures actually made in the construction of the
works over and above the amount of the capital stock actually
paid in.

Section 8. Whoever wilfully or wantonly corrupts, pollutes, Penalty for
or diverts any water taken or held under this act, or injures any water.'etc.
structure, work or other property owned, held or used by said
corporation under authority of this act, shall forfeit and pay to
.said corporation three times the amount of damages assessed
therefor, to be recovered in an action of tort; and, upon being
convicted of any of the above wilful or wanton acts, shall be
punished by a fine of not more than three hundred dollars or by
imprisonment in jail for not more than one year.

Section 9. The town of Harwich shall have the absolute Town of
right, at any time during the continuance of the charter hereby p^f^^^age "^^^
granted, to purchase the franchise, property and all the rights franchise,
and pri\ileges of said corporation, on payment to it of the et".'"^'^ "^'
market value of said franchise, corporate property, rights and

542

Acts, 1923. —Chap. 491.

Proviso.

Determination
of market
value of
franchise, etc.,
in case of
disagreement,
etc.

Time of taking
effect, etc.

privileges, as mutually agreed upon, or as hereinafter determined,
on the date which said town shall fix for such purchase; pro-
vided, that said town shall give said corporation written notice
of its intention to purchase as aforesaid at least sixty days before
said date. If said town and said corporation shall be unable
to agree within sixty days after said date upon the market
value of said franchise, corporate property, rights and privileges,
said town shall appoint one arbitrator and said corporation shall
appoint a second arbitrator, and the two arbitrators so appointed
shall appoint a third arbitrator. Said board of arbitration shall
determine the market value of said franchise, corporate prop-
erty, rights and privileges, and the finding of said board on all
matters of fact shall be final. The hearing before said board
shall be commenced within thirty days after the date of the ap-
pointment of the third arbitrator, and concluded within ninety
days after his appointment, and the procedure before said board
shall be in accordance with the provisions of chapter two hun-
dred and fifty-one of the General Laws, except that the supreme
judicial court shall have exclusive jurisdiction in equity to en-
force by appropriate orders or decrees, or otherwise, the find-
ings of said board and the right of said town to take possession
of said franchise, corporate property, rights and privileges upon
payment to said corporation of the sum awarded by said board.
Section 10. This act shall take effect upon its passage, but
any action thereunder shall be void unless water is actually
withdrawn or diverted under authority thereof within three
years from the date of its passage. Approved May 25, 1923.

ChaV 491 •^^ ^^^ RELATIVE TO THE PAR VALUE OF SHARES OF CAPITAL
STOCK ISSUED BY STREET RAILWAY COMPANIES.

Be it enacted, etc., as follows:

Section 1. Section four of chapter one hundred and sixty-
one of the General Laws is hereby amended by striking out
paragraph (h) and inserting in place thereof the following: —
(h) The par value of the shares, which may be one hundred
dollars, fifty dollars or twenty-five dollars as the department
shall authorize, — so as to read as follows: — Section 4- The
agreement of association shall state:

(a) That the subscribers thereto associate themselves with
the intention of forming a street railway company.

(b) The corporate name assumed, which shall be one not in
use by any other such company in the commonwealth, or, in
the judgment of the department, so similar thereto as to be
likely to be mistaken for it, and which shall contain the words,
"street railway company", at the end thereof.

(d) The length of the railway, as nearly as may be.

(e) The name of each county, city and town where the rail-
way is to be located.

(/) The gauge of the railway, which shall be four feet eight
and one half inches.

G. L. 161.
§ 4, par. (h),
amended.

Agreement of
association of
street railway
companies,
contents.

Acts, 1923. —Chap. 491. 543

(j7) The total amount of the capital stock of the company, Amount of
which shall be not less than ten thousand dollars for each mile, ^t^"^"' '^"''''■
unless the railway is to be wholly outside of a city, in which
case said stock shall be not less than five thousand dollars for
each mile.

(//) The par value of the shares, which may be one hundred ^^l^^^^^^
dollars, fifty dollars or twenty-five dollars as the department
shall authorize.

(/) The names and residences of at least five persons, who
shall be subscribers to the agreement of association, to act as
directors until others are qualified in their stead.

Each associate shall subscribe to the agreement of association
his name, residence, post office address, and the number of shares
of stock which he agrees to take; but no subscriber shall be
bound to pay more than ten per cent of the amount of his sub-
scription unless a company is incorporated.

Section 2. Section one hundred and thirty-six of said ^'^3^- j",^',; ^j-)^
chapter one hundred and sixty-one is hereby amended by striking amended.
out paragraph (i) and inserting in place thereof the following: —
(i) The par value of the shares, which may be one hundred dol-
lars, fifty dollars or twenty-five dollars as the department shall
authorize, — so as to read as follows: — Section 136. The pur- Agreement of
chasers at such sale shall, with their associates, to the number strwt niTiway
of at least fifteen, within sixty days after such sale, organize a companies

r xi J? I, ij- • J X- 4.1, organized by

company tor the purpose ot holdmg, ownmg and operatmg tne purchasers
street railway purchased, by filing in the office of the state etc^cratents^'
secretar}^ a written agreement of association, which shall state:

(a) That the subscribers thereto associate themselves with
the intention of forming a street railway company.

{h) The corporate name assumed, which shall be one not in
use by any other street railway company in the commonwealth,
or, in the judgment of the department, so similar thereto as to
be likely to be mistaken for it, and which shall contain the
words, "street railway company", at the end thereof.

{d) The termini of the railway.

{e) The length of the railway, as nearly as may be.

(/) The name of each city and town where the railway is
located.

{(j) The name of the court by which the sale was ordered, the
date of such order, and date of sale.

{h) The total amount of the capital stock of the company. Amount of
which shall be fixed at an amount approved by the department, ^jP'*''' ^^°''^'
but which shall not exceed the fair cost, as determined by the
department, of replacing the railway and property so acquired,
less the amount of any outstanding mortgages to which said
railway and property may be subject in the hands of the new
company.

ii) The par value of the shares, which may be one hundred ofg^^f^^
dollars, fifty dollars or twenty-five dollars as the department
shall authorize.

544

Acts, 1923. — Chap. 492.

G. L. 161, new
section after
§20.

Street railway
companies
may change
par value
of shares, etc.

Approval by
department of
public
utilities.

(j) The names and residences of at least five persons, who
shall be subscribers to the agreement of association, to act as
directors until others are chosen and qualified in their stead.

Each associate shall subscribe to the agreement of association
his name, residence, post office address, and the number of
shares of stock which he agrees to take.

Section 3. Said chapter one hundred and sixty-one is hereby
further amended by inserting after section twenty the following
new section: — Section 20 A. Every corporation subject to this
chapter may, at a meeting duly called for the purpose, by the
vote of a majority of all of its stock or, if two or more classes of
stock have been issued, of a majority of each class outstanding
and entitled to vote, authorize a change of the par value of the
shares of its capital stock in accordance with paragraph {h)
of section four or paragraph (i) of section one hundred and
thirty-six; but such change shall not be effective unless the
department shall approve the same on an application of the
corporation filed within thirty days after the passage of such vote.
The aggregate par value of the outstanding shares shall not be
increased by a change in the par value thereof.

Approved May 25, 1923.

ChapAd2 An Act relating to the terms of certain bonds to be

ISSUED BY THE COMMONWEALTH.

Term of state
bonds for
enlargement
of Harvard
square subway
station.

Term of state
bonds for
completion of
Old Colony
boulevard.

Term of state
bonds for
construction of
part of

Furnace Brook
parkway.

Be it enacted, etc., as folloivs:

Section 1. The term of the bonds which the state treasurer
is authorized to issue under chapter three hundred and sixty of
the acts of the current year, providing for the enlargement of
the Harvard square station of the Cambridge subway, shall not
exceed fifty years, as recommended by the governor in a message
to the general court, dated May twenty-first, nineteen hundred
and twenty-three, in pursuance of section three of article LXII
of the amendments to the constitution.

Section 2. The term of the bonds which the state treasurer
is authorized to issue under chapter three hundred and sixty-
five of the acts of the current year, providing for the completion
by the metropolitan district commission of the Old Colony
boulevard, shall not exceed twenty years, as recommended by
the governor in said message to the general court, in pursuance
of the said provision of the constitution.

Section 3. The term of the bonds which the state treasurer
is authorized to issue under chapter three hundred and sixty-
six of the acts of the current year, providing for the construction
of a section of boulevard as a part of Furnace Brook parkway,
shall not exceed twenty years, as recommended by the governor
in said message to the general court, in pursuance of the said
provision of the constitution. Approved May 25, 1923.

Acts, 1923. — Chaps. 493, 494. 545

An Act relative to state printing and binding. Chnn 40*^

Be it enacted, etc., as follows:

Section one of chapter five of the General Laws, as amended ^- ^- ^' H- ,
by section five of chapter three hundred and sixty-two of the
acts of the current year, is hereby further amended by adding
at the end thereof the following new paragraph : — The com- Commission on
mission on administration and finance shall from time to time an<Tfi*nfnce'°°
make such contract or contracts for the printing and binding for t" contract
the several departments of the government of the common- printing and
wealth as it deems advisable, subject to the approval of the '^'"'^'"s. etc-
governor and council. It shall take into consideration the
circumstances and facilities of the several bidders for the work
as well as the terms offered ; it may reject any bids received, and
it shall award contracts to such person or persons as in its judg-
ment the interests of the commonwealth may require, and it
shall execute the contract or contracts in the name and behalf
of the commonwealth. Bonds satisfactory to the said com- Contractors to
mission shall be given by the parties to whom contracts are ^'^^ °^ ^'
awarded, to secure the faithful performance of such contracts.

Approved May 25, 1923.

An Act in addition to the general appropriation act nhn^ 404

MAKING APPROPRIATIONS TO SUPPLEMENT CERTAIN ITEMS ^'

CONTAINED THEREIN, AND FOR CERTAIN NEW ACTIVITIES AND
PROJECTS.

Be it enacted, etc., as follows:

Section 1. To provide for supplementing certain items in Appropriations
the general appropriation act, and for certain new activities certanfitMi"*
and projects, the sums set forth in section two, for the particular contained
purposes and subject to the conditions stated therein, are hereby appropriation
appropriated from the general fund or ordinary revenue of the certain new
commonwealth, unless some other source of revenue is ex- activities and
pressed, subject to the provisions of law regulating the disburse-
ment of public funds and the approval thereof.

Section 2.

Service of the Legislative De-partment.
Item

3 For the compensation of representatives, the sum of Legislative

three thousand dollars, the same to be in addition Department.

to any amoimt heretofore appropriated for the
purpose $3,000 00

11 For compensation for travel of doorkeepers, as-

sistant doorkeepers, messengers, pages and other
employees of the sergeant-at-arms, authorized by
law to receive the same, a sum not exceeding one
hundred and forty-four dollars, the same to be
in addition to any amount heretofore appro-
priated for the purpose ..... 144 00

12 For the salaries of the doorkeepers of the senate and

house of representatives, and the postmaster, with
the approval of the sergeant-at-arms, a sum not
exceeding one hundred and fifty dollars, the same
to be in addition to any amount heretofore appro-
priated for the purpose ..... 150 00

546 Acts, 1923. — Chap. 494.

Hem

Legislative 13 For the salaries of assistant doorkeepers and messen-

Repartment. ggj.^^ ^^ ^^le senate and house of repre.sentatives,

with the approval of the sergeant-at-arms, a sum
not exceeding twelve hundred and fifty dollars,
the same to be in addition to any amount hereto-
fore appropriated for the purpose . $1,250 00
15 For the salaries of clerks employed in the legislative
document room, a sum not exceeding one hun-
dred dollars, the same to be in addition to any
amoimt heretofore appropriated for the purpose . 100 00
IS For personal services of the counsel to the senate and
assistants, a sum not exceeding three hundred
dollars, the same to be in addition to any amount
heretofore appropriated for the purpose . . 300 00

19 For personal services of the counsel to the house of

representatives and assistants, a simi not exceeding
one thousand dollars, the same to be in addition
to any amount heretofore appropriated for the
purpose 1,000 00

20 For clerical and other assistance of the senate com-

mittee on rules, a sum not exceeding one hundred
dollars, the same to be in addition to any amount
heretofore appropriated for the purpose . . 100 00

21 For clerical and other assistance of the house com-

mittee on rules, a sum not exceeding four hundred
dollars, the same to be in addition to any amount
heretofore appropriated for the purpose . . * 400 00

23 For authorized traveling and other expenses of the
committees of the present general court, with the
approval of a majority of the committee incurring
the same, a sum not exceeding ten thousand dol-
lars, the same to be in addition to any amount
heretofore appropriated for the purpose and to
cover the expenses of the special commission on
coal investigation, both for the session and for the
recess . . 10,000 00

3-la For stenographic service to the committees on ways
and means and taxation, sitting jointly, at the
hearing on the report of the attorney general on
the national bank tax, a sum not exceeding five
himdred thirty-three dollars and thirty-eight
cents . 533 38

34b For procuring a portrait of former Chaplain Waldron
of the house of representatives, with the approval
of the speaker, a sum not exceeding two hundred
and fifty dollars ...... 250 00

23 For compensating the sitting member in the con-
tested election case of Hayes versus Symonds and
Bergeron versus Symonds, to be paid with the
approval of the speaker, a sum not exceeding two
hundred and fifty dollars, the same to be in addi-
tion to any appropriations made under item
twenty-three of the general appropriation act . 250 00

34d For expenses of a special legislative committee to
attend the celebration of the three hundredth
anniversary of the town of Weymouth, a sum not
exceeding three hundred dollars . . . 300 00

Total $17,777 38

35^ For expenses of completing and printing the index
of the General Laws, a sum not exceeding eight
thousand dollars, the same to be in addition to
any amount heretofore appropriated for the pur-
pose $8,000 00

Acts, 1923. — Chap. 494.

547

Item
35a For prepnring draft, of bill for the extension of the
metropolitan water system, and other services
for the committee on water supply for nineteen
hundred and twentj'-two, with the aj^proval of
the attorney general, the sum of one thousand
dollars ........

Ijegislative
Department.

$1,000 00

Service of Special Investigations.

35b For expenses of the recess committee on banking
laws for nineteen hundred and twenty-two, a sum
not exceeding three hundred fifty-three dollars
and forty-seven cents, the same to be in addition
to any amount heretofore appropriated for the
purpose . . . . . . . $353 47

35c For expenses of the commission appointed to investi-
gate old age and other pensions, as authorized by
chapter forty-three of the resolves of the present
year, a sum not exceeding fifteen thousand dol-
lars . . . . . . 15,000 00

35d For expenses of a special commission for investiga-
tion relative to criminal law, as authorized by
chapter thirty-four of the resolves of the present
year, a sum not exceeding five hundred dollars . 500 00

35e For expenses of the study of a drainage problem in
the cities of Everett, Revere and Maiden by the
metropolitan district commission, as authorized
by chapter thirty-nine of the resolves of the present
year, a sum not exceeding fifteen hundred dollars,
the same to be assessed upon the cities and parties
benefited 1,500 00

35f For expenses of the special commission to study jury
service in the courts of the commonwealth with
regard to making women eligible for such service,
as authorized by chapter fifty-three of the resolves
of the present year, a sum not exceeding three
thousand dollars 3,000 00

35g For expenses of the special commission to study a
revision of the charter of the city of Boston, as
authorized by chapter fifty-four of the resolves
of the present year, a sum not exceeding five
thousand dollars 5,000 00

35h For expenses of the special commission to investi-
gate the advisability of removing certain restric-
tions on land imposed by the commonwealth in
the Back Bay district of the city of Boston, as
authorized by chapter fifty-six of the resolves of
the present year, a sum not exceeding five hundred
dollars ... 500 00

35i For expenses of the commission to investigate the
advisability of providing a Umitation of exemp-
tions from local taxation of certain property, as
authorized by chapter fifty-eight of the resolves
of the present year, a sum not exceeding five hun-
dred dollars 500 00

35j For expenses of the committee on state administra-
tion during the recess while investigating certain
matters relative to tuberculosis, a sum not exceed-
ing three thousand dollars .... 3,000 00

35k For expenses of the commission on higher educa-
tion, as authorized by chapter thirty-three of the
resolves of the present year, a sum not exceeding
twenty-five hundred dollars .... 2,500 00

351 For engineering services, travel and other expenses
of the recess committee on water supply, a sum
not exceeding five thousand dollars . . 5,000 00

Special
Investigations.

548

Acts, 1923. —Chap. 494.

Special
Investigations.

Judicial
Department.
Supreme
Judicial Court.

Item

35m For travel and other expenses of the recess com-
mittee on public institutions, a sum not exceeding
two thousand dollars .....

35n For expenses of the recess committee on fire pro-
tection in apartment houses, a sum not exceeding
two thousand dollars .....

Total

Sendee of the Judicial Department.
Supreme Judicial Court, as follows:
36 For the salaries of the chief justice and of the six
associate justices, a sum not exceeding forty-seven
hundred dollars, the same to be in addition to any
amount heretofore appropriated for the purpose .

Superior Court. 5 J

Probate and

Insolvency

Courts.

Registers of
Probate and
Insolvency,
clerical
assistance.

District
Attorneys.

Superior Court, as follows :
For printing, transportation of papers and docu-
ments, and office suppUes, services and equipment,
a sum not exceeding one thousand dollars, the
same to be in addition to any amount heretofore
appropriated for the purpose ....

Probate and Insolvency Courts, as follows:
53 For the salaries of judges of probate of the several
counties, a sum not exceeding twenty-two hun-
dred dollars, the same to be in addition to any
amount heretofore appropriated for the purpose .
55? For expenses of judges of probate when acting outside
their own counties for other judges of probate, as
authorized by chapter three hundred and eighty-
four of the acts of the present year, a sum not ex-
ceeding one thousand dollars ....

56 For the salaries of registers of the several counties,

a sum not exceeding twenty-two hundred dollars,
the same to be in addition to any amount hereto-
fore appropriated for the purpose

57 For the salaries of assistant registers, a svun not ex-

ceeding nine hundred dollars, the same to be in
addition to any amount heretofore appropriated
for the purpose ......

For clerical assistance to Registers of the several
counties, as follows:

59 Berkshire, a sum not exceeding two hundred dollars,
the same to be in addition to any amount hereto-
fore appropriated for the purpose

67 Norfolk, a sum not exceeding seven hundred and
twenty dollars, the same to be in addition to any
amount heretofore appropriated for the purpose .

District Attorneys, as follows:

72 For the salaries of the district attorney and assistants

for the northern district, a sum not exceeding six-
teen hundred and fifty dollars, the same to be in
addition to any amount heretofore appropriated
for the purpose ......

73 For the salaries of the district attorney and assistants

for the eastern district, a sinn not exceeding seven
hundred and eighty-five dollars, the same to be
in addition to any amount heretofore appropriated
for the purpose ......

74 For the salaries of the district attorney, deputy

district attorney and assistants for the south-
eastern district, a sum not exceeding seven hun-
dred and eighty-five dollars, the same to be in
. addition to any amount heretofore appropriated
for the purpose ......

$2,000 00

2,000 00
540,853 47

$4,700 00

1,000 00

2,200 00

1,000 00

2,200 00

900 00

200 00
720 00

1,650 00

785 00

Acts, 1923. — Chap. 494.

549

Item
75

For the salaries of the district attorney and assistants District

for the southern district, a sum not exceeding Attorneys,

seven hundred and fifty dollars, the same to be in
addition to any amount heretofore appropriated
for the purpose" ...... S750 00

For the salaries of the district attorney and assistants
for the middle district, a sum not exceeding sixteen
hundred and eighty-five dollars, the same to be
in addition to any amount heretofore appropriated
for the purpose ...... 1,685 00

For the salaries of the district attorney and assistants
for the western district, a sum not exceeding seven
hundred and fifty dollars, the same to be in addi-
tion to any amount heretofore appropriated for
the purpose ....... 750 00

For the salary of the district attorney for the north-
western district, a sum not exceeding three hun-
dred and fifty dollars, the same to be in addition
to any amount heretofore appropriated for the
purpose 350 00

Land Court, as follows:
80 For salaries of the judge, associate judge, the recorder
and court officer, a sum not exceeding one hun-
dred dollars, the same to be in addition to any
amount heretofore appropriated for the purpose .

Land Court.

100 00

Commission on Probation, as follows:
84^ For expenses of the commission on probation in
making an inquiry, as authorized by chapter fifty-
five of the resolves of the present year, a sum not
exceeding four thousand dollars

Total

Commission
on Probation.

4,000 00
$23,775 00

Service of the Executive Departmetit.

96| For expenses of the joint New England railroad Executive

committee, as authorized by chapter twenty-six Department,

of the resolves of the present year, a sum not ex-
ceeding eleven thousand dollars . . . $11,000 00

96^ For expenses incurred on account of the differential
rate proceedings pending, as authorized by chapter
twentj^-seven of the resolves of the present year,
a sum not exceeding seventy-five hundred dollars . 7,500 00

961 For the purchase of a portrait of Governor Belcher
of the Massachusetts Bay Province, a sum not
exceeding thirty-five hundred dollars . . . 3,500 00

Total $22,000 00

Service of the Adjutant General.

98 For personal services of office assistants, a sum not
exceeding three hundred and sixty dollars, the
same to be in addition to any amount heretofore
appropriated for the purpose, and the said sum
of three hundred and sixty dollars is hereby taken
from the amount appropriated in item one hun-
dred and twenty-four of chapter one hundred and
twenty-six of the acts of the present year.

99| For expenses of recruiting for the national guard, a
sum not exceeding seven hundred and fifty dollars ,

Adjutant
General.

$750 00

550 Acts, 1923. —Chap. 494.

Service of Militia.
Item

Militia. jQS For transportation of officers and non-comnussioned

officers for attendance at military meetings, a
sum not exceeding two thousand dollars, the
same to be in addition to any amount heretofore
appropriated for the purpose .... $2,000 00

113 For maintenance of horses, a sum not exceeding two
thousand and eighty dollars, the same to be in
addition to any amount heretofore appropriated
for the purpose 2,080 00

115 For compensation for special and miscellaneous
duty, a sum not exceeding three thousand doUars,
the same to be in addition to any amount hereto-
fore appropriated for the purpose . . . 3,000 00

llOj For the pay roll of certain bandsmen and cooks,
members of the national guard, for the annual
tour of duty in nineteen hundred and twenty-one,
a sum not exceeding fourteen hundred six-ty-three
doUars and seventy-two cents, to be paid to the
property and disbursing officer in settlement with
the war department of the United States. . . 1,463 72

Total $8,543 72

Service of the Chief Q^iartennaster .

Chief 132 For the maintenance of armories of the first class.

Quartermaster. ^ g^^^ ^^^ exceeding fifteen thousand dollars, the

same to be in addition to any amount heretofore
appropriated for the purpose .... $15,000 00

Service of the Judge Advocate General.

^r^^^Zl\^'"^'^^^'^ 1395 For compensation of the judge advocate general, as
provided by law, a sum not exceeding seven hun-
dred and fifty dollars $750 00

General

Service of the Commission on Administration and Finance.

Adm^nkfration ^^^ For other expenses incidental to the duties of the
and Finance. commission, a siun not exceeding seven thousand

dollars, the same to be in addition to any amount
heretofore appi'opriated for the purpose . . $7,000 00

Service of the Armory Commission.

Armory 1471 Yor expenses of regrading the lawn and approaches

Commission. - ^^ ^^^ ^^^^^ armory in the town of Wakefield, a

sum not exceeding one thousand dollars . . $1,000 00

Service of the Commissioner of State Aid and Pensions.
C<»mn'issioner 149 YoY personal services of the commissioner and
and Pensions. deputy, a sum not exceeding five hundred dollars,

the same to be in addition to any amount hereto-
fore appropriated for the purpose . . . $500 00

For Expenses on Account of Wars.

Expenses on 155a For expenses of certain tablets and the dedication
w^r°""*° thereof, as avithorized by chapter forty-eight of

Qp^^ij, the resolves of the present j^ear, a sum not ex-

tablets and ceeding fifteen hundred dollars .... $1,50000

dedication
thereof.

Acts, 1923. —Chap. 494.

551

]55b For The American Legion, in reimbursement for
certain expenses incurred in finding employment
for returned soldiers in accordance with the
methods adopted by the commission appointed
under chapter one hundred and twenty-five of
the General Acts of nineteen hundred and nine-
teen, for aiding returned soldiers, sailors and
marines, the smn of fifty-three hundred thirty
dollars and forty-eight cents ....

lo5c For expenses of continuing the work of the com-
mission for aiding returned soldiers, sailors and
marines in finding emplojTnent, a sum not ex-
ceeding fifty-one hundred sixty-nine dollars and
fifty-two cents ......

155d For the preparation of a history of Massachusetts'
part in the World War, as authorized by chapter
four hundred and eight of the acts of the present
year, a sum not exceeding five thousand dollars .

lo5e For expenses of the observance of the twenty-fifth
anniversary of the war with Spain, as authorized
by chapter sixty-seven of the resolves of the
present year, a sum not exceeding eight thousand
dollars ........

Total

American
I^ion,

reiniburseineiit.
for finding
employment
for soldiers, eU:.

$5,330 48

Commiaaion
for aiding
returned
soldiers, etc.,
in finding
5,169 52 employment.

History of
Massachusetts'
part in
World War.

5,000 00

Observance of
twenty-fifth
anniversary of
war with Spain.

8,000 00
$25,000 00

Service of the Art Commission.

156| For expenses of making changes in inscriptions on
certain tablets, under the direction of the art
commission, a siun not exceeding one hundred
dollars ........

Art
Commission.

$100 00

Service of the State Library.

160 For services other than personal, including printing
the annual report, office supplies and equipment,
and incidental traveling expenses, a sum not ex-
ceeding fifteen hundred dollars, the same to be
in addition to any amount heretofore appropriated
for the purpose ......

State
Library.

$1,.500 00

Service of the Superintendent of Buildings.

163 For personal services of engineers, assistant engi-

neers, firemen and helpers in the engineer's de-
partment, a sum not exceeding eleven hundred
and twenty-five dollars, the same to be in addition
to any amount heretofore appropriated for the
purpose $1,125 00

164 For personal services of watchmen and assistant

watchmen, a sum not exceeding twelve hundred
dollars, the same to be in addition to any amount
heretofore appropriated for the purpose . 1,200 00

165 For personal services of porters, a sum not exceeding

eight hundred and fifty dollars, the same to be in
addition to any amount heretofore appropriated
for the purpose ...... 850 00

170 For other services, supplies and equipment necessary
for the maintenance and care of the state house
and grounds, including repairs of furniture and'
equipment, a sum not exceeding thirty-six hun-
dred and fifty dollars, the same to be in addition
to any amount heretofore appropriated for the
purposes 3,650 00

Superintendent
of Buildings.

552

Acts, 1923. — Chap. 494.

Superintendent
uf Buildings.

Item

170^

For certain improvements, as authorized by chapter
fifty-one of the resolves of the present year, a sum
not exceeding twelve thousand five hundred dol-
lars $12,500 00

Total $19,325 00

Commission on
Necessaries
of Life.

Treasurer and
Receiver
General.
State Board
of Retirement.

Unclassified
Accounts and
Claims.
Compensation
of certain
retired prison
officers, etc.

Soldiers', etc.,
annuities and
pensions.

Maintenance
of boulevards
and parkways.

City of
Gloucester.

Claims.

Service of the Commission on Necessaries of Life.

173 J For expenses of the commission on necessaries of
life, a sum not exceeding eighteen thousand dollars,
the same to be in addition to any amount hereto-
fore appropriated for the purpose

Service of the Treasurer and Receiver General.

State Board of Retirement:
214 For requirements of annuity funds and pensions for
employees retired from the state service under
authority of law, to cover the payment authorized
by chapter twenty-one of the resolves of the
present year, a sum not exceeding five hundred
doUars, the same to be in addition to any amount
heretofore appropriated for the purpose

Unclassified Accounts and Claims.

For the compensation of certain prison officers and
instructors formerly in the service of the common-
wealth, and now retired, a sum not exceeding
twenty-six hundred dollars, the same to be in
addition to any amount heretofore appropriated
for the purpose ......

For the payment of certain annuities and pensions
of soldiers and others under the provisions of
certain acts and resolves, a sum not exceeding
thirty-two hundred dollars, the same to be in
addition to any amount heretofore appropriated
for the purpose ......

For maintenance of boulevards and parkways, with
the approval of the metropolitan district com-
mission, a sum not exceeding thirty-three thou-
sand seven hundred and fifty dollars, representing
the state's portion or one half of the estimated
cost of maintenance, the same to be in addition
to any amount heretofore appropriated for the
purpose, and to be paid from receipts in the
Motor Vehicle Fees Fund .....
234a For the city of Gloucester, subject to the conditions
of chapter four hundred and nine of the acts of the
present year, a sum not exceeding ten thousand
dollars ........

222

226

227

Total

Claims.

Elizabeth
Butler.

her property caused by a truck operated by a

member of the national guard, the sum of two

hundred and twenty-five dollars

$18,000 00

$500 00

$2,600 00

3,200 00

33,750 00

10,000 00
$49,550 00

$225 00

Acts, 1923. — Chap. 494.

553

Item

235h For John F. Osborn, for the refund of a certain pay-
ment made on account of an income tax errone-
ously assessed for the year nineteen hundred and
nineteen, the sum of fifty dollars . . $50 00

235i For Wilham J. Fortune of Boston, for injury to his
gunning camp in West Barnstable caused by gun
fire of certain members of the national guard in
nineteen hundred and twenty-two, the sum of
fifty dollars 50 00

235j For C. Philip Curtis of Sharon, for damages to his
automobile as a result of a collision with a niotor
vehicle operated by an employee of the division
of highways of the department of public works,
the smn of fifty-eight dollars and twenty-two
cents ........ 58 22

235k For Louis E. Fletcher of Fitchburg, for reimburse-
ment for expenses incurred in the year nineteen
hundred and thirteen as a member of the state
board of agriculture, the sum of twenty-four
dollars and forty-nine cents .... 24 49

2351 For Alfred R. Goodwin of Worcester, for damages
to his automobile as the result of a collision with
a motor vehicle operated by an employee of the
division of highways of the department of public
works, the sum of ninety dollars ... 90 00

235m For Bryant Bigelow of Boston, for damages to his
automobile as the result of a collision with a motor
vehicle operated by an employee of the division
of highways of the department of public works,
the sum of two hundred forty-five dollars and
eighty-eight cents . . . . . . 245 88

235n For Josephine V. Lincoln of Wareham, for reimburse-
ment for income taxes illegally assessed, the sum
of three hundred sixty-nine dollars and sixty-
three cents ....... 369 63

235o For Wilmot Thompson of Maiden, for compensation
for injuries sustained by reason of an accident
while a member of the national guard, the sum
of seven hundred and fifty dollars . . . 750 00

235p For John Wills of Adams, for loss of a cow injured by
the national guard, the sum of one himdred dol-
lars . . 100 00

235q For Fred Bourdo of Adams, for loss of a cow injured
by the national guard, the sum of seventy-five
dollars 75 00

235r For L. A. Gillett, for the loss of a rain coat destroyed
by action of oil and acid at the plant of the Massa-
chusetts Oil Refining Company in East Braintree,
about September first, nineteen hundred and
twenty-one, the sum of twenty dollars . . 20 00

235s For Harold F. Morris, for compensation by reason
of sickness incurred while on duty as a member
of the national guard, the sum of fifteen himdred
eighty-three dollars and sixty cents . . . 1,583 60

235t For Bridget McLaughlin of Boston, mother of the
late William McLaughlin, for compensation for
the death of her son by accident at Common-
wealth pier. South Boston, on April sixteenth,
nineteen hundred and twenty-three, the sum of
twenty-one hundred and twenty dollars . . 2,120 00

235u For M. Ferreira of Fall River, to cover damages to
his automobile caused by collision with a watering
cart under tow of car operated by an employee
of the division of highways of the department
of pubhc works, the sum of five hundred dol-
lars 500 00

John r.
Osborn.

William J.
Fortune.

C. Philip

Curtis.

I.ouis E.
Fletcher.

Alfred R.
Goodwin.

Bryant
Bigelow.

Josephine V.
Lincoln.

Wilmot
Thompson.

John Wills.

Fred Bourdo.

L. A. Gillett.

Harold F.
Morris.

Bridget
McLaughlin.

M. Ferreira.

554

Acts, 1923. — Chap. 494.

Item

R. s. whitten. 235v For R. S. Whitten of Foxborough, for damage to
property caused by a grass fire started by sparks
from steam roller owned by the division of high-
ways of the department of public works, the sum
of seventy-five dollars ..... $75 00

235w With the approval of the attorney general, for the
settlement of all claims of the American Sugar
Refining Company against the commonwealth for
sugar aUeged to have been contracted for by state
institutions, a sum not exceeding two thousand
doUars 2,000 00

Total S8,336 82

American
Sugar
Refining
Company.

Service of the Department of Agriculture.

Department of 258| For the supervision and care of school boys working
Agriculture. upon farms during the present season, a sum

not exceeding two thousand dollars, to be ex-
pended with the approval of the commissioner

$2,000 00

Department of
Conservation.

Division of
Forestry.

Myles

Standish

Monument.

Division of
Fisheries
and Game.

Service of the Department of Conservation.

Administration :
262 For the salary of the commissioner, a sum not ex-
ceeding five hundred dollars, the same to be in
addition to any amount heretofore appropriated
for the purpose ...... $500 00

Division of Forestry :
270 The appropriation heretofore made for the suppres-
sion of gypsy and brown tail moths, in item two
hundred and seventy of the general appropriation
act, shall be in addition to any amount heretofore
appropriated for the purpose, and any unexpended
balance remaining at the end of the present fiscal
year may be used in the succeeding year.

Myles Standish Monument:
276 For expenses of repairing damage done by lightning
to the statue of Myles Standish in the town of
Duxbury, a sum not exceeding two thousand dol-
lars 2,000 00

For certain improvements to be made under the
direction of the Division of Fisheries and Game,
as follows:
289 The appropriation made in item two hundred and
eighty-nine of the general appropriation bill shall
be in addition to any imexpended balance of ap-
propriations made in the preceding year.

292 Of the sum of fifteen hundred dollars appropriated

for improvements at the Sandwich fish hatchery,
five hundred dollars may be used for improve-
ments at the Amherst rearing station.

293 Of the sum of fifteen hundred dollars appropriated

for improvements at the Sandwich bird farm,
five himdred dollars may be used for improvements
at the Marshfield game farm.
294a The unexpended balance of an appropriation made
in nineteen hundred and twenty-two for improve-
ments at Martha's Vineyard reservation is hereby
made available for expenses of the current year.

Total

$2,500 00

Acts, 1923. —Chap. 494.

555

Item

317

Scroicc of the Dcparhnent of Banking and [naurauce.

Division of Savings Bank Life Insurance:
For services other than personal, printing the annual
report, and traveling expenses, office supplies and
equipment, a sum not exceeding one thousand
dollars, the same to be in addition to any amount
heretofore appropriated for the purpose . $1,000 00

Department of
Banking and
Insurance.
Division of
Savings Bank
Life Insurance.

Service of the Department of Corporations and Taxation.

320 For the salaries of certain positions filled by the

commissioner, with the approval of the governor
and council, and for additional clerical and other
assistance, a sum not exceeding two thousand
dollars, the same to be in addition to any amount
heretofore appropriated for the purpose . . |2,000 00

321 For traveling expenses, a sum not exceeding fifteen

hundred dollars, the same to be in addition to any

amount heretofore appropriated for the purpose . 1,500 00

Department
of Corporations
and Taxation.

Division of Accounts:

327 For other expenses, a sum not exceeding one thou-

sand dollars, the same to be in addition to any

amount heretofore appropriated for the purpose . 1,000 00

328 For services and expenses of auditing and installing

municipal accounts, the cost of which is to be as-
sessed upon the municipalities for which the work
is done, a sum not exceeding four thousand dollars,
the same to be in addition to any amount hereto-
fore appropriated for the purpose . . . 4,000 00

329 For the expense of certain books, forms and other

material, which may be sold to cities and towns
requiring the same for maintaining their system
of accounts, a sum not exceeding two thousand
dollars, the same to be in addition to any amount
heretofore appropriated for the purpose . . 2,000 00

Division of
Accounts.

Reimbursement for loss of taxes:
330 For reimbursing cities and towns for loss of taxes on
land used for state institutions, as certified by the
commissioner of corporations and taxation, for
the fiscal year ending November thirtieth, nine-
teen hundred and twenty-three, a sum not exceed-
ing forty-five hundred dollars, the same to be in
addition to any amount heretofore appropriated
for the purpose ......

Total

Reimburse-
ment to cities
and towns for
loss of certain
taxes.

4,500 00
$15,000 00

Service of the Department of Education.

341 1 For aid to certain persons receiving instruction in
the courses for vocational rehabilitation, as au-
thorized by chapter four hundred and thirty-
four of the acts of the present year, a sum not ex-
ceeding twenty-five hundred dollars .

Department of
Education.

$2,500 00

Massachusetts Agricultural College:
367 For maintenance and current expenses, a sum not
exceeding one thousand dollars, the same to be
in addition to any amount heretofore appropriated
for the purpose ......

Massachusetts

Agricultural

College.

1,000 00

556

Acts, 1923. — Chap. 494.

Worcester
normal school.

Normal art
school.

Item

388

390

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:
Worcester normal school, a sum not exceeding three
hundred dollars, the same to be in addition to any
amount heretofore appropriated for the purpose .
Normal art school, a sum not exceeding two hun-
dred dollars, the same to be in addition to any
amount heretofore appropriated for the purpose .

$300 00
200 00

Purchase of

historical

manuscript.

Purchase of historical manuscript:
394^ For the purchase of manuscript of historical im-
portance to Massachusetts, prepared by Raymond
L. Bridgman, to be expended with the approval
of the commissioner of education, a sum not ex-
ceeding fifteen hundred dollars ....

Total

1,500 00
So,500 00

Department of
Civil Service
and Regis-
tration.
Board of
Registration
of Nurses.

Department of

Mental

Diseases.

Service of the Department of Civil Service and Registration.

Board of Registration of Nurses:
412 For services of clerical assistants in their office, a
sum not exceeding one hundred dollars, the same
to be in addition to any amount heretofore appro-
priated for the purpose ..... 1100 00

Service of the Department of Mental Diseases.

449 For personal services of officers and employees, a
sum not exceeding two thousand dollars, the same
to be in addition to any amount heretofore appro-
priated for the purpose ..... $2,000 00

454a For expenses incurred by the department of mental
diseases for the preparation of preUminary 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 improve-
ment requested, a sum not exceeding six thousand
dollars, and such additional sum as may be re-
quired may be paid from item two hundred and
thirty-four of the general appropriation act . 6,000 00

Institutions
under control
of Department
of Mental
Diseases.

Templeton
Colony of
Massachusetts
School for
Feeble-
Minded.

For the maintenance of and for certain improve-
ments at the following institutions under the
control of the Department of Mental Diseases:

454b For providing additional sums for the maintenance
of the several institutions in the department of
mental diseases, particularly for personal services,
food, coal and other necessary supplies, milch
cows, additional fire protection and certain equip-
ment to produce increased efficiency in power
plant operations, a sum not exceeding two hun-
dred ten thousand dollars, this sum to be trans-
ferred by the department of mental diseases to
the several institutions from time to time as is
warranted by facts which develop during the
balance of the fiscal year .....

470^ For replacing a dwelling house destroyed by fire at
the Templeton Colony of the Massachusetts
School for Feeble-Minded, a sum not exceeding
forty-five hundred dollars .....

210,000 00

4,500 GO

Acts, 1923. —Chap. 494.

557

Item

Belchertown State School:
491a For the purchase and setting of an additional boiler,
a sum not exceeding seventy-eight hundred dol-
lars; for the building of walks, a sum not ex-
ceeding five thousand dollars; and for repairs to
gutters and conductor pipes damaged by freezing,
the sum of twenty-four hundred thirty-one dollars
and twenty cents. The total for these improve-
ments, amounting to fifteen thousand two hun-
dred thirty-one dollars and twenty cents, shall be
taken from item five hundred and seven of the
general appropriation act of nineteen hundred and
twenty-two for the extension of spur track and
construction of a trestle and coal pocket.

Total

Helchertown
JStiite School.

$222,500 00

Service of the Department of Correction.

493 For personal services of deputies, members of the
board of parole and advisory board of pardons,
agents, clerks and stenographers, a sum not ex-
ceeding three hundred dollars, the same to be in
addition to any amount heretofore appropriated
for the purpose ......

Department of
Correction.

$300 00

For the maintenance of and for certain improve-
ments at the following institutions under the
control of the Department of Correction:

501 State farm, a sum not exceeding eight thousand

dollars, the same to be in addition to any amount
heretofore appropriated for the purpose

502 State prison, a sum not exceeding sixty-five hundred

dollars, the same to be in addition to any amount
heretofore appropriated for the purpose

503 Massachusetts reformatory, a sum not exceeding

ninety-one hundred and fifty dollars, the same to
be in addition to any amount heretofore appro-
priated for the purpose .....
505 Reformatory for women, a sum not exceeding three
thousand dollars, the same to be in addition to
any amount heretofore appropriated for the pur-
pose ........

Total

Institutions
under control
of Department
of Correction.
State farm.

8,000 00
6,500 00

9,150 00

3,000 00
$26,950 00

State prison.

Massachusetts
reformatory.

Reformatory
for women.

Service of the Department of Public Welfare.

Division of Aid and Rehef :
519 For the transportation of state paupers imder the
charge of the department, for the present year
and previous years, a sum not exceeding eight
himdred dollars, the same to be in addition to
any amount heretofore appropriated for the pur-
pose ........

$800 00

Department
of Public
Welfare.
Division of
Aid and
Relief.

The following item is for reimbursement of cities
and towns:
522 For expenses in connection with smallpox and other
diseases dangerous to the pubUc health, for the
present year and previous years, a sum not ex-
ceeding twenty-five thousand dollars, the same to
be in addition to any amount heretofore appro-
priated for the purpose .....

Reimburse-
ment of cities
and towns for
certain
expenses.

25,000 00

558

Acts, 1923. — Chap. 494.

Division of

Child

Guardianship.

Institutions
under control
of trustees of
Massachusetts
training
schools.

Industrial
school for boys.

Lyman school
for boys.

Massachusetts

hospital

school.

Item

Division of Child Guardianship:
527 Item five hundred and twenty-seven of the general
appropriation bill is hereby made available for
expenses of the present and previous years.

For the maintenance of and for certain improve-
ments at the institutions under the control of
the trustees of the Massachusetts training
schools, with the approval of said trustees, as
follows :
538 Industrial school for boys, a sum not exceeding
three thousand dollars, the same to be in addition
to any amount heretofore appropriated for the
purpose $3,000 00

542 Lyman school for boys, a sum not exceeding ten

thousand dollars, the same to be in addition to any
amount heretofore appropriated for the purpose . 10,000 00
542a For equipment and furnishings for a fireproof
kitchen and storehouse building at the Lyman
school for boys, a sum not exceeding four thousand
dollars, the same to be in addition to any amount
heretofore appropriated for the purpose . . 4,000 00

Massachusetts Hospital School:

543 For the maintenance of the Massachusetts hospital

school, to be expended with the approval of the
trustees thereof, a sum not exceeding forty-eight
hundred dollars, the same to be in addition to any
amount heretofore appropriated for the purpose . 4,800 00

543a For additions and changes in the power building, for
the purchase and erection of an additional boiler
and other power plant equipment and changes,
for the erection of a laundry building and the pur-
chase of laundry equipment, piping and other
connections necessary for the new construction,
a sum not exceeding forty-two thousand eight
himdred and forty-five dollars .... 42,845 00

643b For remodeling the old infirmary building for use
as home for employees, a sum not exceeding seven
thousand dollars 7,000 00

543c For the payment of certain expenses for legal services
in land takings, a sum not exceeding five hundred
fourteen dollars and eighty-eight cents . . 514 88

Total $97,959 88

Department
of Public
Health.
Inspection of
Food and
Drugs.

Water Supply
and Disposal
of Sewage,
Engineering
Division.

Service of the Department of Public Health.

Inspection of Food and Drugs:

563 For personal services of the director, analysts, in-

spectors and other assistants, a sum not exceeding
thirty-five himdred dollars, the same to be in
addition to any amount heretofore appropriated
for the purpose ...... $3,500 00

564 For other services, including traveling expenses,

supplies, materials and equipment, a sum not ex-
ceeding fifteen hundred dollars, the same to be in
addition to any amount heretofore appropriated
for the purpose ...... 1,500 00

Water Supply and Disposal of Sewage, Engineer-
ing Division:

565 For personal services of the director, engineers,

clerks and other assistants, a sum not exceeding
thirty-four hundred dollars, the same to be in
addition to any amount heretofore appropriated
for the purpose ...... 3,400 00

Acts, 1923. —Chap. 494.

559

Item

566 For other services, including traveling expenses,
supplies, materials and equipment, a sum not ex-
ceeding eighteen himdred dollars, the same to be
in addition to any amount heretofore appropriated
for the purpose . . . . . $1,800 00

566a For expenses of the investigation authorized by
chapter sixty-four of the resolves of the present
year, a sum not exceeding four thousand dollars,
the same to be assessed upon the towns and
county benefited in accordance with the pro-
visions of the said chapter .... 4,000 00

566b For expenses of the investigation in the Merrimack
Valley, authorized by chapter forty-nine of the
resolves of the present year, a sum not exceeding
twenty thousand dollars, the same to be assessed
upon the towns benefited ..... 20,000 00

Water Supply
and Disposal
of Sewage,
Engineering
Division.

Water Supply and Disposal of Sewage, Division
of Laboratories:
567 For personal services of laboratory director, chemists,
clerks and other assistants, a sum not exceeding
fifteen hundred dollars, the same to be in addition
to any amount heretofore appropriated for the
purpose ........

1,500 00

Water Supply
and Disposal
of Sewage,
Division of
Laboratories.

Neponset River:
570a For expenses of procuring expert engineering testi-
mony and other information for the special
tribunal appointed by the supreme judicial court
to determine the assessment of betterments on
property affected by the drainage improvements
in the Neponset river, a sum not exceeding five
thousand dollars ......

Neponset
River.

5,000 00

For the maintenance of and for certain improve-
ments at the sanatoria, as follows:

574 For the Lakeville state sanatorium, a sum not ex-
ceeding eighty-five hundred dollars, the same to
be in addition to any amount heretofore appro-
priated for the purpose .....

575a For providing additional fire protection at the Lake-
ville state sanatoriimi, a sum not exceeding sixty-
eight hundred dollars .....

579 For the Westfield state sanatorium, a sum not ex-
ceeding ten thousand four hundred dollars, the
same to be in addition to any amount heretofore
appropriated for the purpose ....

Total

Sanatoria,

maintenance,

etc.

Lakeville

state

sanatorium.

8,500 00

6,800 00

Westfield

state

sanatorium .

10,400 00

$66,400 00

581

582

Service of the Department of Public Safety.

Administration :

For the salary of the commissioner, a sum not ex-
ceeding five hundred dollars, the same to be in
addition to any amount heretofore appropriated
for the purpose ......

For personal services of clerks and stenographers, a
sum not exceeding eleven hundred and eighty
dollars, the same to be in addition to any amount
heretofore appro{)riatcd for the purpose

Department of
Public Safety.

$500 00

1,180 00

560

Acts, 1923. — Chap. 494.

Department of
Public Safety.

Item

583

Division of
Inspection.

Steamer
"Lotis".

589

590

598

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 picture hcenses,
as required by law, a sum not exceeding twenty-
five hundred dollars, the same to be in addition
to any amount heretofore appropriated for the
purpose $2,500 00

Division of Inspection:

For the salaries of officers for the building inspection
service, a sum not exceeding two thousand and
ten dollars, the same to be in addition to any
amoimt heretofore appropriated for the purpose . 2,010 00

For traveling expenses of officers for the building
inspection service, a sum not exceeding four hun-
dred dollars, the same to be in addition to any
amount heretofore appropriated for the purpose . 400 00

Steamer "Lotis":
For the purchase or building of a boat to replace the
steamer "Lotis", with the approval of the com-
mission on administration and finance, a sum not
exceeding twenty-two thousand five hundred
dollars, and authority is hereby given for the
sale of the steamer "Lotis" by the commissioner,
with the approval of the commission on adminis-
tration and finance ...... 22,500 00

Total $29,090 00

Service of the Department of Public Works.

Department of 623a For the construction of a state highway in the town
Public yvorks. of Hingham, as authorized by chapter four hun-

fn^mn^cham'*^ ^^^'^ ^^^ eighteen of the acts of the present year,

a sum not exceeding fifty thousand dollars in
anticipation of a further sum of one hundred
thousand dollars to be appropriated in the fiscal
year nineteen hundred and twenty-four; pro-
vided, however, that the town of Hingham is
hereby authorized and required to raise and pay
into the treasury of the commonwealth the sum
of one hundred thousand dollars before the work
authorized by this appropriation begins . . $50,000 00

Division of Waterways and Public Lands:
631 For the supervision and operation of Commonwealth
pier five, including the salaries or other compen-
sation of employees, and for the repair and re-
placement of equipment and other property, there
may be exj^ended such additional sum, not ex-
ceeding twenty thousand dollars, from item six
hundred and thirty-three of the general appro-
priation act as may be needed.
634 For the operation and maintenance of the New
Bedford state pier, a sum not exceeding two
thousand dollars, the same to be in addition to
any amount heretofore appropriated for the pur-
pose 2,000 00

Specials :
Specials. 637a For the improvement of Plymouth harbor, as au-
Plymouth thorized by chapter forty-six of the resolves of
harbor the present year, a sum not exceeding fifty-one
improvement. thousand dollars 51,000 00

Division of
Waterways
and Public
Lands.

Acts, 1923. — Chap. 494.

561

Item

637b For the construction of a breakwater in the town
of Hull at Pembcrton Point, as authorized by
chapter four hundred and forty of the acts of the
present year, a sum not exceeding thirty thousand
dollars . $30,000 00

637c For the construction of a new channel in Herring
river in the town of Wellfleet, a sum not exceeding
ten thousand dollars . . . . . 10,000 00

642a For the improvement of Neponset river, as author-
ized by chapter three hundred and fifty-three of
the acts of the present year, the sum of twenty-
seven thousand dollars from receipts in the Port
of Boston Fund, and in addition thereto the sum
of thirteen thousand dollars is hereby transferred
from the appropriation made in item six hundred
and thirty-nine of the general appropriation act . 27,000 00

Total $170,000 00

Breakwater
at Peniberton
Point in Hull.

New channel
in Herring
river.

Neponset river
improvement.

Service of the Department of Public Utilities.

The following items are to be assessed upon the
gas and electric light companies:

656 For other services, printing the annual report, for
rent of offices and for necessary office supplies and
equipment, a sum not exceeding twelve hundred
dollars, the same to be in addition to any amount
heretofore appropriated for the purpose

657a For expenses of the investigation relative to the gas
works explosion in Springfield, a sum not exceed-
ing thirteen hundred seventy-eight dollars and
twenty-nine cents ......

Total ........

$1,200 00

Department of
Public Utilities.
Items to be
assessed upon
gas and
electric light
companies.

Expenses, gas
works explosion
in Springfield.

1,378 29

12,578 29

Miscellaneous.

18 For personal services of the counsel to the senate
and assistants, a sum not exceeding eight himdred
and fifty dollars, the same to be in addition to
any amount heretofore appropriated for the pur-
pose $850 00

227a For maintenance of boulevards and parkways, for
making temporary repairs to the Cottage Farm
bridge to put it in safe condition pending the
completion of the temporary bridge, a sum not
exceeding seventy-five hundred dollars, represent-
ing the state's portion or one half of the estimated
cost 7,500 00

Division of Highways (the following appropria-
tions for the operation and maintenance of this
division, except as otherwise provided, are made
from the receipts in the Motor Vehicle Fees
Fund) :
609 For the personal services of the chief engineer, engi-
neers and office assistants, including certain clerks
and stenographers, a sum not exceeding three
thousand dollars, the same to be in addition tx)
any amount heretofore appropriated for the pur-
pose 3,000 00

614 For the construction and repair of town and county
ways, a sum not exceeding seventy-one thousand
dollars, the same to be in addition to any amount
heretofore appropriated for the purpose . . 71,000 00

Miscellaneous.
Counsel to
senate.

Maintenance of
boulevards and
parkways.

Division of
Highways.

562

Acts, 1923. — Chap. 494.

Division of
Higiiways.

Division of
Waterways and
Public Lands.

Division of
metropolitan
planning of
the metro-
politan district
commission.

Special

commission to
acquire land in
St. Mihiel,
France.

Registration
of public
accountants.

619 For the care of snow on highways, as provided by
section eleven of chapter eighty-four of the General
Laws, a sum not exceeding twenty thousand
dollars, the same to be in addition to any amount
heretofore appropriated for the purpose

Division of Waterways and Public Lands:

63oa For expenses authorized by chapter four hundred
and fifty-three of the acts of the present year,
relative to access to great ponds, a sum not ex-
ceeding five hundred dollars . . .

35^a For expenses of the commission to investigate and
report relative to highways, parks and reservations
along the Connecticut river, as authorized by
chapter sixty-nine of the resolves of the present
year, a sum not exceeding one thousand dollars ^ .

35^b For expenses of the division of metropolitan planning
of the metropolitan district commission in making
an investigation relative to the Saugus branch of
the Boston and Maine Railroad, as authorized by
chapter seventy-one of the resolves of the present
year, a sum not exceeding five thousand dollars,
the same to be assessed in accordance with pro-
visions of said resolve . . . . .

35|c For expenses of the special commission authorized
to acquire land in St. Mihiel, France, for construc-
tion of a memorial, as authorized by chapter
seventy-three of the resolves of the present year,
a sum not exceeding nineteen thousand dollars

310 The unexpended balance of the appropriation made
in item three hundred and ten of the general ap-
propriation act is hereby made available for ex-
penses authorized by chapter four hundred and
seventy of the acts of the present year relative to
registration of public accountants.

Department of

Industrial

Accidents.

Department of Industrial Accidents:

423 For personal services of members of the board, a
sum not exceeding seventeen hundred and fifty
dollars, the same to be in addition to any amount
heretofore appropriated for the purpose

424 For personal services of secretaries, medical adviser,
inspectors, clerks and office assistants, a sum not
exceeding two hundred and fifty dollars, the same
to be in addition to any amount heretofore appro-
priated for the purpose .....

Justices of District Courts:
52a For expenses of justices of the district courts when
called upon to serve on cases of the superior court,
as authorized by chapter four hundred and sixty-
nine of the acts of the present year, a sum not
exceeding one thousand dollars ....

Division of Highways:
Division of 623b For the construction of a highway in the citj' of
Highways. Revere, as authorized by chapter five hundred

Hishway in j^^d one of the acts of nineteen hundred and

city ot itevcrc. t wenty-two, as amended by chapter four hundred

and eighty-one of the acts of the present year, at
a cost not exceeding one hundred thousand dol-
lars, one half of which shall be assessed upon the
metropolitan parks district, and the balance of
fifty thousand dollars shall be paid from Motor
Vehicle Fees Fund ......

Justices of

District

Courts.

$20,000 00

500 00

1,000 00

5,000 00

19,000 00

1,750 00

250 00

1,000 00

50,000 00

Acts, 1923. —Chap. 494.

563

Item

District Attorneys:
For salaries of the district attorney and assistants
for the county of Suffolk, a sum not exceeding
forty-five hundred dollars to cover the services
of temporary assistants provided by law, and to
be in addition to any amoimt heretofore appro-
l)riated for the purpose .....

District
Attorneys.

$-i,r',oo 00

Metropolitan District 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 wath the approval of the metro-
politan district commission:

664 For maintenance of park reservations, a sum not ex-
ceeding eight hundred dollars, the same to be in
addition to any amount heretofore appropriated
for the purpose, and to cover certain annuities
provided by resolves of the present year . . $800 00

664f For expenses of an investigation relative to a new
Harvard bridge, as authorized by chapter forty-
seven of the resolves of the present year, a sum
not exceeding twenty-five thousand dollars, to be
assessed upon the metropoUtan parks district . 25,000 00

665^ For expenses of the metropolitan planning board,
as authorized by chapter three hundred and
ninety-nine of the acts of the present year, a sum
not exceeding fifteen thousand dollars . . 1,5,000 00

668 For maintenance of boulevards and parkways, a sum
not exceeding thirty-three thousand seven hun-
dred and fifty dollars, the same to be in addition
to the amoimt appropriated from the general
fund and to be in addition to any amount hereto-
fore appropriated for the purpose . . . 33,750 00

668a For maintenance of boulevards and parkways, for
making temporary repairs to the Cottage Farm
bridge to put it in safe condition pending the
completion of the temporary bridge, a sum not
exceeding seventy-five hundred dollars, the same
to be in addition to the amount appropriated from
the general fund 7,500 00

670| For expenses relative to additional sewers in the
town of Arlington and the city of Medford, as
authorized by chapter sixty-five of the resolves
of the present year, a sxma not exceeding thirty
thousand dollars, to be assessed upon the north
metropolitan sewerage district .... 30,000 00

Total $112,050 00

Metropolitan

District

Commission.

Deficiencies.

For deficiencies in certain appropriations
previous years in certain items, as follows:

Deficiencies.

Department of the Secretary of the Commonwealth.

For printing registration books and blanks and in-
dexing returns, the sum of three hundred thirty-
three dollars and twenty-five cents

Department of

the Secretary
$333 25 of the Common-
wealth.

564

Acts, 1923. — Chap. 494.

Item

Department of
the Secretary
of the Common-
wealth.

Attorney-
General's
Department.

Section two of chapter one hundred and twenty-six
of the acts of the present year is hereby amended
in the hst of deficiencies by striking out the para-
graph for matters relating to elections and in-
serting in place thereof the following : For expenses
of compihng and publishing information to voters,
as required by section fifty-four of chapter fifty-
four of the General Laws, the sum of seventeen
thousand five hundred eleven dollars and eighty-
six cents.

Attorney-General' s Department.

For the compensation of assistants in his office, and
for such other legal and personal services as may
be required, the sum of fifty-six hundred eighty-
eight dollars and seventy-two cents

For services other than personal, traveling expenses,
office supplies and equipment, the sum of seven
hundred fifteen dollars and fifty-five cents .

$5,688 72

715 55

Judicial
Department.
Superior Court.

Judicial Department.
Superior Court:
For traveling allowance and expenses, the sum of
three hundred seventy dollars and eighty-nine
cents ........

370 89

Expenses on
Account
of Wars.

Expenses on Account of Wars.

For the placing in the state house of memorials for
certain chaplains, as authorized by chapter forty-
five of the resolves of nineteen hundred and
twenty-one, the sum of eighty-one dollars and
eighty-four cents ......

81 84

Department of
Public Welfare.

Department of Public Welfare.

Trustees of Massachusetts Training Schools, Girls'
Parole:
For reimbursement of cities and towns for tuition
of children attending the pubUc schools, the sum
of eighty-three dollars and six cents .

Total

General Fund . . . .
MetropoUtan District Commission

Grand Total

83 06

$7,273 31

$1,103,462 87
. 112,050 00

$1,215,512 87

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

Approved May 25, 19SS.

Resolves, 1923. —Chaps. 1, 2, 3. 665

RESOLVES.

Resolve validating the acts of francis m. hall of r'z,^^ i

BROCKTON AS A NOTARY PUBLIC. "'

Resolved, That the acts of Francis M. Hall of Brockton as a Acts of
notary public, between July nineteenth, nineteen hundred and Francis M. Hail

^ r ' .' '. ,,,asa notary pub-

twenty-two, and November twenty-second, nineteen hundred lie validated.
and twenty-two, both dates inclusive, are hereby confirmed and
made valid to the same extent as if during that time he had
been qualified to discharge the duties of the said office.

Approved February 20, 1923.

Resolve validating the acts of Arthur j. young or (^/^^^ 2

WORCESTER AS A NOTARY PUBLIC. ^'

Resolved, That the acts of Arthur J. Young of Worcester as a Acts of
notary public, between August eighteenth, nineteen hundred and young fs a
twenty-two, and January thirty-first, nineteen hundred and notary public
twenty-three, are hereby confirmed and made valid to the same '" '
extent as if during that time he had been qualified to discharge
the duties of the said office. Approved February 20, 1923.

validated.

Chap.

Resolve providing for an investigation by the division
OF highways into the question of snow and ice re-
moval FROM highways.

Resolved, That the division of highways of the department of investigation of
public works be directed to inquire into the most feasible methods snow and ice
of keeping the more important highways of the commonwealth h^i^hways!^"™
free of snow and ice in such manner as to insure their uninter-
rupted use, especially those constituting through routes between
the different sections thereof; as to what governmental agencies
should undertake the work involved; the extent to which and
the manner in which the commonwealth, acting through the said
division, may co-operate in the work with the several counties,
cities and towns, and private agencies and organizations; and
as to the just and equitable apportionment of the expense in-
curred thereby. The division may hold hearings in such cities
and towns as it may deem advisable and may summon witnesses.
The division shall, on or before April fifteenth of the current
year, make to the general court a preliminary report of the re- Preliminary
suits of its investigations, with recommendations, accompanied report.
by drafts of any proposed legislation, and shall, on or before
November fifteenth of the current year, file with the clerk of

566

Resolves, 1923. — Chaps. 4, 5, 6, 7

Final report. fj^g house of representatives a final report of such results, con-
taining its further recommendations, if any, accompanied by
drafts of an}' proposed legislation based thereon.

Ayprovcd Fchniary SO, 1933.

Chap.

Acts of
George R.
Brackett as a
notary public
validated.

4 Resolve validating the acts of george r. brackett of
boston as a notary public.

Resolved, That the acts of George R. Brackett of Boston as a
notary public, between January twenty-fifth, nineteen hundred
and eighteen, and August ninth, nineteen hundred and twenty-
two, are hereby confirmed and made valid to the same extent
as if during that time he had been qualified to discharge the
duties of the said office. Approved February 20, 1923.

Chap. 5 Resolve establishing the eligibility of may b. thorpe of

BROCKTON TO RECEIVE STATE AID OR SOLDIERs' RELIEF.

of^eu'^'ibiiit^'of Resolved, That, for the purpose of establishing the eligibility

May B.Thorpe of May B. Thorpe of Brockton to receive state aid or soldiers'

aid'^or^Bofd^ws^ relief as the widow of a civil war veteran under the provisions of

'^^i^^- chapter one hundred and fifteen of the General Laws, her

marriage to Joshua Thorpe (or Thorp), late of the twenty-fourth

company unattached Massachusetts infantry, shall be regarded

as valid. Approved March 9, 1923.

Chap.

g Resolve providing for a continuation of the investi-
gation AS TO THE ADVISABILITY OF STANDARDIZING MUNICI-
PAL REGULATIONS RELATIVE TO PLUMBING AND DRAINAGE.

Continuance of
investigation as
to standardizing
municipal regu-
lations relative
to plumbing
and drainage.

Resolved, That the department of public health be authorized
to continue the investigation, provided for by chapter nine of
the resolves of nineteen hundred and twenty and further pro-
vided for by chapter forty of the resolves of nineteen hundred
and twenty-one and chapter nineteen of the resolves of nineteen
hundred and twentj^-two, relative to the advisability of revising
and codifying the rules, regulations and ordinances of the various
cities and towns of the commonwealth concerning plumbing,
house drainage and like subjects. Report thereon shall be made
to the general court not later than the second Wednesday in
January, nineteen hundred and twenty-four.

Approved March 21, 1923.

Chap. 7 Resolve validating certain acts of laurence a. brown

OF BOSTON AS A JUSTICE OF THE PEACE.

Acts of
Laurence A.
Brown as a
justice of
the peace
validated.

Resolved, That the acts of Laurence A. Brown of Boston as a
justice of the peace, between October twentieth, nineteen hun-
dred and twenty-two, and February twentieth, nineteen hun-
dred and twenty-three, both dates inclusive, are hereby confirmed
and made valid to the same extent as if during that time he had
been qualified to discharge the duties of said office.

Approved March 28, 1923.

Resolves, 1923. —Chaps. 8, 9, 10, 11, 12. 567

Resolve validating the acts of hakry a. cowles as a Chap. 8

NOTARY PUBLIC.

Rcsohrd, That the acts of Harry A. Cowles of Westfield as a Acts of
notary pubHc, between October thirteenth, nineteen hundred cowVes^a
and twenty-two and IMarch nineteenth, nineteen hundred and notary public
twenty-three, are hereby confirmed and made vaHd to the same
extent as if during that time he had been quahfied to discharge
the duties of said office. Approved March 29, 1923.

Resolve granting an annuity to hannah j. pells of (JJiap, 9

mashpee.

Resolved, That there be paid annually from the treasury of the ^"°"'*y ^
commonwealth, in equal quarterly instalments, from January Peiis^of
first, nineteen hundred and twenty-three, the sum of one hun- Mashpee.
dred and fifty dollars to Hannah J. Pells of Mashpee, a de-
scendant of the Mashpee tribe of Indians. Said annuity shall
continue during her life. The first payment under authority of
this resolve shall not be made until an appropriation is made
sufficient to cover the same. Approved March 29, 1923.

Resolve granting an annuity to charles h. peters of nhnjy 1Q

mashpee. ^'

Resolved, That there be paid annually from the treasury of the Annuity to
commonwealth, in equal quarterly instalments from January pet^Ts^o/^'
first, nineteen hundred and twenty-three, the sum of one hun- ^li^shpee.
dred and fifty dollars to Charles H. Peters of Mashpee, a de-
scendant of the Algonquin tribe of Indians. Said annuity shall
continue during his life. The first payment under authority of
this resolve shall not be made until an appropriation is made
sufficient to cover the same. Approved March 29, 1923.

Resolve extending the time for the payment of an QIkjj) \\

annuity to EMMA E. DE SHAZO OF WORCESTER.

Resolved, That the time for the payment of an annuity of ^m^ma e**"
five hundred dollars, payable in equal quarterly instalments, to De yiiazo of
Emma E. De Shazo, under the provisions of chapter ten of the enlndld.'^^'^^
resolves of nineteen hundred and seventeen is hereby extended
for a further period of six years; provided, that she so long sur- Proviso,
vives and remains unmarried. Payments for the current year
authorized by this resolve shall be made from item two hundred
and twenty-six of the general appropriation act.

Approved March 29, 1923.

Resolve in favor of charles f. pidgin of melrose. ChaV- 12
Resolved, That there be allowed and paid out of the treasury in favor of
of the commonwealth to Charles F. Pidgin of Melrose, annually pidgin^of "
so long as he shall live, the sum of five hundred dollars, in equal Melrose.
monthly instalments, in recognition of his faithful service in the
bureau of statistics of labor from the year eighteen hundred and
seventy-three to the year nineteen hundred and seven. The

568 Resolves, 1923. — Chaps. 13, 14, 15, 16.

first instalment hereunder shall be payable one month after the
payment of the last instalment under authority of chapter ten
of the resolves of nineteen hundred and eighteen. Payments
made during the current fiscal 3^ear under authority of this re-
solve shall be paid from item two hundred and twenty-six of the
general appropriation act of the current year.

Approved March 29, 1923.

Chap. 13 Resolve granting an annuity to serwana s. whiting of

MASHPEE.

8°"^"^ s° Resolved, That there be paid annually from the treasury of the

Whiting of' commonwcalth, in quarterly instalments, from January first,
^ ^^' nineteen hundred and twenty-three, the sum of one hundred and

fifty dollars to Serwana S. Whiting of Mashpee, a descendant of
the Mashpee tribe of Indians. Said annuity shall continue
during her life. The first payment under authority of this re-
solve shall not be made until an appropriation is made sufficient
to cover the same. Approved March 29, 1923.

Chap. 14 Resolve providing for an investigation as to the ex-
pediency AND COST OF REBUILDING SLADES FERRY BRIDGE
IN THE CITY OF FALL RIVER.

as^toVebuiid- Rcsolvcd, That the departments of public works and public
ing siades Ferry utilities, acting jointly, are hereby directed to investigate the
Fall Ri^ver!*^^" expediency and cost of rebuilding Slades Ferry bridge in the city
of Fall River; the expediency and cost of maintaining such bridge
in part by the commonwealth as part of a state highway; and
the expediency and cost of enlarging the present draw in said
bridge. The departments shall investigate particularly the
question of the safety of the present structure and the question
as to whether it reasonably meets the traffic demands of the
locality. They shall report their findings and recommendations,
together with drafts of bills embodying the same, to the general
court not later than May first, nineteen hundred and twenty-
three. Approved March 29, 1923.

Chap. 15 Resolve granting an annuity to nancy lydia ames of

DEDHAM.

Annuity to Resolvcd, That there be paid annually from the treasury of

AmM^ofDed- the commouwcalth, in equal quarterly instalments, from Jan-
uary first, nineteen hundred and twenty-three, the sum of one
hundred and fifty dollars, to Nancy Lydia Ames of Dedham, a
descendant of the Narragansett tribe of Indians. Said annuity
shall continue during her life. The first payment under authority
of this resolve shall not be made until an appropriation is made
sufficient to cover the same. Approved March 29, 1923.

Chap. 16 Resolve extending the time for the payment of an

ANNUITY TO THE WIDOW OF RICHARD M. MCCARTHY.

Annuity to Rcsolvcd, That there be paid from the treasury of the com-

Richard M. mouwcalth, for a further period of three years, the sum of six

ham.

Resolves, 1923. —Chaps. 17, 18, 19. 5G9

liundivd dollars a year to Catherine F. McCarthy, widow of e't^„"^|j^'' *^""^
Richard M. McCarthy who died December eighteenth, nineteen
liundred and eighteen, from illness contracted while in the per-
formance of his duties as a member of the metropolitan park
police force. Said annuity shall be subject to the conditions
named in chapter fift;^-six of the resolves of nineteen hundred and
twenty, and shall be payable from and after the period covered
by said resolve. Payments provided for herein shall be made
from appropriations for the maintenance of the metropolitan
park reservations, and for the current fiscal year from item six
hundred and sixty-four of the general appropriation act.

Approved March 29, 1923.

Resolve authorizing the erection on penikese island (Jhnjf 17

OF A MARKER IN HONOR OF LOUIS AGASSIZ. ^'

Resolved, That the Marine Biological Laboratory, of Woods Marker on
Hole, a corporation organized under the general law, be au- inTonorof "
thorized to erect on Penikese Island an appropriate marker Louis Agassiz.
commemorating the fiftieth anniversary of the establishment on
the island, by Louis Agassiz, of the first marine biological
laboratory. Approved March 29, 1923.

Resolve extending the time for the payment of an (Jfidj) \g

ANNUITY TO THE WIFE OF JAMES B. ELLIS.

Resolved, That there be paid annually from the treasury of the Annuity to
commonwealth, for a further period of three years, the sum of Eiifs^time'ex- '
six hundred dollars a year, to Isabel M. Ellis, wife of James B. tended.
Ellis, a former police officer in the employ of the metropolitan
district commission, now incapacitated from further performance
of active duty. The amount provided for in this resolve for the
current year shall be paid out of item number six hundred and
sixty-four of the general appropriation act for the current year.

Approved April 4, 1923.

Resolve providing for an investigation of the expedi- (JJidj) 19

ENCY AND COST OF CONSTRUCTING A BOULEVARD FROM RIVER
AND READVILLE STREETS IN THE CITY OF BOSTON TO THE
BLUE HILLS RESERVATION.

Resolved, That the department of public works and the metro- investigation as
politan district commission, acting jointly, are hereby directed *^ a°to^evard
to investigate the expediency and cost of constructing a park- from River and
way or boulevard beginning at or near the junction of River streetrin
and Readville streets in the city of Boston and extending to the HufsTeserva-"^
Blue Hills reservation at or near Paul's bridge on Milton street, tion.
They shall file their report and recommendations, together with
drafts for such legislation, if any, as they recommend, with the
clerk of the house of representatives on or before October fifteenth
in the current year and at the same time shall file a copy of the
same with the budget commissioner as part of the budget esti-
mates required to be submitted under section four of chapter
twenty-nine of the General Laws. Approved April 7, 1923.

570

Resolves, 1923. —Chaps. 20, 21, 22, 23.

Investitsation
as to parkins:
facilities and
privileges in
metropolitan
district res-
ervations.

Chap. 20 Resolve providing for an investigation relative to

PARKING facilities AND PRIVILEGES IN METROPOLITAN
DISTRICT RESERVATIONS.

Resolved, That the nietropoHtan district commission is hereliy
directed to investigate and report as to the feasibihty, desirability
and approximate cost of purchasing, laying out and maintaining
a tract of land near the Revere Beach reservation to be used by
the public for the parking of automobiles, and as to the desira-
bility of charging fees for the use of parking privileges at Revere
Beach and at the other reservations in the metropolitan district.
The said commission shall file its report and recommendations
with the clerk of the house of representatives on or before
October fifteenth in the current year and at the same time shall
file a copy of the same with the budget commissioner as part of
its budget estimates required to be submitted under section four
of chapter twenty-nine of the General Laws.

Approved April 7, 1923.

Chap.

21 Resolve relative to an increase in the retirement
allowance of john noonan, formerly an assistant
watchman at the state house.

Increase in
retirement al-
lowance of
John Noonan,
formerly an
assistant
watchman at
state house.

Resolved, That there shall be paid from the treasury of the
commonwealth annually for a period of six years, beginning
January first, nineteen hundred and twenty-three, to John
Noonan, for many years an assistant watchman at the state
ho.use, such an amount as will, when added to the annual rate
of retirement allowance now payable to him under sections one
to five, inclusive, of chapter thirty-two of the General Laws,
provide a total annual rate of retirement allowance equal to one
half his annual rate of salary on the last day of his employment
as such. Approved April 9, 1923.

Chap. 22 Resolve relative to the placing of an inscription on

THE statue of ANNE HUTCHINSON.

Placing of
inscription on
statue of Anne
Hutchinson.

Resolved, That the art commission for the commonwealth is
hereby requested to provide a suitable inscription for the statue
of Anne Hutchinson, now located in front of the westerly wing
of the state house as required b}' chapter forty-five of the re-
solves of nineteen hundred and twenty-two, and that said in-
scription be placed on said statue under the direction of the
superintendent of buildings. Approved April 10, 1923.

Chap. 23 Resolve providing for the recognition of the services

IN THE WORLD WAR OF THE LATE RALPH TALBOT AND OTHERS
AWARDED THE CONGRESSIONAL MEDAL OF HONOR.

Recognition Resolved, That the special commission, appointed under

oi services in ^ ± ±

World War chapter thirty-eight of the resolves of nineteen hundred and
Talbot and'' twenty -two to provide for the establishment within the state

Resolves, 1923. —Chaps. 24, 25, 26, 27. 571

house of a suitable memorial to preserve for the future the coui- others awarded
monwealth's regard for the heroic services in the World War of medurof "honor.
certain men from Massachusetts who were awarded the con-
gressional medal of honor, is hereby directed to inscribe on such
memorial the name of Ralph Talbot, late second lieutenant of
Squadron C, First Marine Aviation Force in France, United
States jNIarine Corps, and the names of any other soldiers,
sailors or marines from Massachusetts for whose services in the
World War the congressional medal of honor has been or may
be awarded. Approved April 10, 1923.

Resolve in favor of william e. davis of springfield. Chap. 24
Resolved, That there be paid from the treasury of the com- in favor of
monwealth, in monthly instalments from April first, nineteen Davis^f^'
hundred and twenty-three, the sum of twelve hundred dollars Springfield.
per year for a period of five years, to W^illiam E. Davis of Spring-
field, who became disabled by reason of injuries received at
Camp Devens, July sixteenth, nineteen hundred and twenty-
two, in attempting to save state property while serving in the
military forces of the commonwealth.

Approved April 10, 1923.

Resolve in favor of mrs. Frederick w. mealey. Chav- 25

Resolved, That there be allowed and paid out of the treasury in favor of
of the commonwealth to Mrs. Frederick W. Mealey, widow of w^Meafey."*^
Frederick W'. Mealey, who was killed while in the service of the
commonwealth as a member of the state guard, an annuity of
six hundred dollars beginning with January first, nineteen hun-
dred and twenty-three and continuing for the term of five years
or until her remarriage within said period. The annuity shall
be payable in equal quarterly instalments and for the current
year from item numbered two hundred and twenty-six of the
general appropriation act. Approved April 12, 1923.

Resolve in aid of the work of the joint new England Qhav. 26
railroad committee.

Resolved, That, after an appropriation has been made, there Aid for work
shall be allowed and paid from the treasury of the common- Engi'^nd^aii-
wealth, to be expended under the direction of the governor and road committee.
council, a sum not exceeding eleven thousand dollars, for the
purpose of aiding and promoting the work of the joint New
England railroad committee in its comprehensive study of New
England railroad problems. Approved April 13, 1923.

Resolve in aid of the differential rate proceedings, so- (Jfiar) 27

CALLED, pending BEFORE THE INTERSTATE COMMERCE COM-

mission.

Resolved, That, after an appropriation has been made, there Aid for
shall be allowed and paid from the treasury of the common- proceedir^s!^* ^

572

Resolves, 1923. — Chaps. 28, 29.

so-called, be-
fore interstate
commerce
commission.

wealth, to be expended under the direction of the governor and
council, a sum not exceeding seventy-five hundred dollars, for the
purpose of aiding and promoting the proceedings pending before
the interstate commerce commission seeking the equalization of
railroad rates to New England and other Atlantic and Gulf
ports. Approved April 13, 1923.

Chap.

28 Resolve providing for an investigation by the commis-
sion ON administration and finance concerning the
cost, distribution and charges for legislative and
public documents.

Investigation
as to cost, dis-
tribution and
charges for
legislative and
public docu-
ments.

Resolved, That the commission on administration and finance
is hereby directed to investigate the cost of preparing, printing
and distributing the various public and legislative documents
printed by the commonwealth, including the cost of paper,
binding and other materials used, and the advisability of pro-
viding fees or charges for those distributed to the public by
subscription or otherwise, or of changing such fees or charges
as are now provided, so as to reimburse or more fully reimburse
the commonwealth for the expense incurred; and to investigate
and consider such other changes in the laws, rules, regulations
and practices concerning the printing and distribution of, and
the purchase of paper and other materials for, legislative and
other public documents, as may be conducive to greater economy
and consistent with legislative or other public requirements,
necessity or convenience. The commission shall file a report of
its findings and recommendations, together with drafts for such
legislation, if any, as it recommends, with the clerk of the house
of representatives not later than the first Monday of December
of the current year. Approved April 16, 1923.

Chap. 29

In favor of
Quincy Savings
Bank.

Proviso.

Resolve in favor of the quincy savings bank.

Resolved, That there be allowed and paid from the treasury
of the commonwealth, from the unexpended balance of the
appropriation made for certain improvements at Hayward's
creek, to the Quincy Savings Bank, the sura of two hundred dol-
lars, with interest at the rate of six per cent per annum from
February nineteenth, nineteen hundred and seventeen to date
of payment, in full settlement of its damages from the taking by
eminent domain by the commonwealth of certain land at Quincy
Neck in the city of Quincy in which said bank had an interest,
as mortgagee under a certain mortgage given by Samuel F.
Newcomb, late of said Quincy, to it, dated February nineteenth,
eighteen hundred and seventy-six, and recorded with Norfolk
deeds, book four hundred and sevent^^-six, page two hundred
and sixty-three; provided, however, that on or before payment
the said bank shall cancel the mortgage note and deliver to the
commonwealth a discharge of said mortgage. The payment
made hereunder shall be deducted from the damages payable to
the owners of the equity of said property.

Approved April 18, 1923.

Resolves, 1923. —Chaps. 30, 31, 32. 573

Resolve rel^vtive to the publication and sale of the nhnry 30

MASSACHUSETTS REPORTS AND OF THE ADVANCE SHEETS OF ^'

THE OPINIONS AND DECISIONS OF THE SUPREME JUDICIAL
COURT.

Resolved, That the attorney general, the secretary of the com- Publication
monwealth and the reporter of decisions are hereby directed to M^sTchusetts
advertise for proposals for the execution of the printing and Roporte and of
binding, and to provide for the sale to the public, at such price of opinions and
as said officers may fix, of the reports of the decisions of the gupr^eme judi-
supreme judicial court, styled "Massachusetts Reports", during ciai court.
a term of three years from the first day of July, nineteen hundred
and twenty-three. They shall take into consideration the
circumstances and facilities of the several bidders for the work,
as well as the terms offered; they may reject any bids received,
and they shall award the contract or contracts to such bidder
or bidders as in their judgment the interests of the commonwealth
may require, and they shall execute the contract or contracts
in the name and behalf of the commonwealth. Bonds satis-
factory to said officers, to an amount not less than ten thousand
dollars, shall be given by the party to whom any contract is
awarded, to secure its performance. The said officers may, if in
their discretion it is deemed practicable and feasible, negotiate
for, and execute in the name and behalf of, the commonwealth
a contract for the printing and sale to the public, at such price
as the said officers may fix, of advance copies of opinions of said
court filed with the reporter of decisions. Bonds satisfactory to
the said officers, to an amount not less than ten thousand dollars,
shall be given by the party to whom such a contract is awarded,
to secure its faithful performance. Approved April 20, 1923.

Resolve in favor of pauline e. northup-hopkins of cam- (Jhap. 31

BRIDGE.

Resolved, That there be paid annually from the treasury of ip ^^7°^°^
the commonwealth, in equal quarterly instalments, from January Northup- '
first, nineteen hundred and twenty-three, the sum of one hun- ^*cambridge.
dred and fifty dollars to Pauline E. Northup-Hopkins of Cam-
bridge, a descendant of the Wampanoag tribe of Indians. Said
annuity shall continue during her life.

Approved April 20, 1923.

Resolve providing for the distribution of the general Qhn^ 30

LAWS and the index THERETO TO THE MEMBERS OF THE
PRESENT GENERAL COURT.

Resolved, That the state secretary shall distribute free of GenerarLaws**^
charge one copy of the General Laws and of the index thereto and index
to each member of the present general court, who was not a SiTmembT/s
member of the general court of nineteen hundred and twenty of general
or nineteen hundred and twenty-one and nineteen hundred and
twenty-two. Approved April 24, 1923.

574

Resolves, 1923. — Chaps. 33, 34.

Chap.

33 Resolve extending the time within which the commis-
sion a1>pointed to investigate opportunities and methods

FOR technical AND HIGHER EDUCATION IN THE COMMON-
WEALTH SHALL FILE ITS FINAL REPORT.

Commission to Resolvcd, That the time, within which the commission to in-
to technical vcstigatc Opportunities and methods for technical and higher
educadon'in cducation in the commonwealth, appointed under chapter thirty-
commonwealth, three of the resolves of nineteen hundred and twenty-two, shall
final report file its final report, is hereby extended to the fourth Wednesday
extended. j^^ December next, and said report shall thereupon be printed as

a legislative document in advance of the assembling of the
general court. Said commission may expend for expert, clerical
and other assistance, in addition to sums heretofore appropriated
for the purpose, such further sum as may be hereafter appro-
priated not exceeding twenty-five hundred dollars, subject to
the approval of the governor and council.

Approved April 26, 1923.

Chap. 34 Resolve providing for an investigation by a special

COMMISSION RELATIVE TO THE CRIMINAL LAW.

b°^*^e(fiaf°" ^<'^olved, That a special commission, to consist of a justice of

commission the supcrior court, a justice of a district court, a district attorney,
criminaUaw. ^ probation officcr of the superior court, all to be designated by
the governor, the commissioner of correction, and one other
person to be appointed by the governor with the advice and
consent of the council, shall investigate and consider the advisa-
bility and feasibility of revising and clarifying the provisions of
general law relative to the imposition of penalties for the com-
mission of crime, with special regard to the definition of "felony"
and "misdemeanor" and the relation existing between com-
mitments to the various state and county penal institutions and
the prescribed penalty; provisions relative to the imposition of
successive and concurrent sentences and to the parole of persons
subject to such sentences; and provisions governing the sentence
or other disposition of persons on parole from penal institutions.
The commission shall also investigate and consider such other
matters related to the foregoing subjects as it may deem fit and
proper. It shall report the results of its investigations, with
drafts of any proposed legislation, to the general court not later
than December fifteenth, nineteen hundred and twenty-three.
The members of the aforesaid commission shall receive no com-
pensation for their work under authority of this resolve but shall
be allowed for traveling and other expenses such sums as may
be approved by the governor and council.

Approved April 30, 1923.

Resolves, 1923. —Chaps. 35, 36, 37, 38. 575

Resolve providing for an investigation relative to the QJiap, 35

SUPERVISION AND REGULATION OF THE BUSINESS OF TRANS-
PORTING PERSONS, FREIGHT AND PROPERTY OVER PUBLIC
WAYS BY MOTOR VEHICLES.

. Resolved, That the department of pubHc works is hereby au- investigiition^
thorized and directed to investigate the subject matter of House of transportiiisc
bill 1035, entitled "An Act providing for the supervision, regu- ^XpTo'pertf ^
lation and conduct of the transportation of persons, freight and over public

« . 1 1 • 1 • 1 V. -L wavs by motor

property for compensation over pubhc highways by motor vehicles.
vehicles." Said department in the course of such investigation
may hold public hearings, require the attendance and testimony
of witnesses, the production of books and papers relating to any
matter within the scope of such investigation, and may ad-
minister oaths. It shall report the results of its investigation,
together with drafts of any proposed legislation, to the next
annual session of the general court, not later than the second
Wednesday in January. Approved April 30, 1923.

Resolve directing the abatement in part of a franchise (Jfiap. 36

TAX assessed to THE CHARLES RIVER TRUST COMPANY.

Resolved, That the commissioner of corporations and taxation Abatement
be authorized and directed to abate the sum of five hundred and franchise tax
forty dollars of a franchise tax of eight hundred dollars assessed charted River
for the year nineteen hundred and twenty-two to the Charles Trust Com-
River Trust Company under the provisions of section fifty-eight
of chapter sixty-three of the General Laws, as amended by
chapter three hundred and ninety-four of the acts of nineteen
hundred and twenty -one. Approved May 1, 1923.

Resolve directing the abatement of a franchise tax (Jfidj), 37

ASSESSED TO THE DORCHESTER TRUST COMPANY.

Resolved, That the commissioner of corporations and taxation Abatement
be authorized and directed to abate in full a franchise tax of tax^a'^ssLs'ld
twelve hundred dollars assessed for the year nineteen hundred ^rSt Com-^'^
and twenty-two to the Dorchester Trust Company under the pany.
provisions of section fifty-eight of chapter sixty-three of the
General Laws, as amended by chapter three hundred and ninety-
four of the acts of nineteen hundred and twenty-one.

Approved May 1, 1923.

Resolve directing the abatement of a franchise tax Chap. 38

ASSESSED TO THE OLD SOUTH TRUST COMPANY OF BOSTON.

Resolved, That the commissioner of corporations and taxation Abatement
be authorized and directed to abate in full franchise taxes, tax Assessed
amounting to four thousand dollars, assessed for the years nine- 1°^,^®^^^'^^

, P , , 1 . 1111 South Trust

teen hundred and twenty-one and nmeteen hundred and twenty- Company

of Boston.

576

Resolves, 1923. — Chaps. 39, 40.

two to The Old South Trust Company of Boston under the
provisions of section fifty-eight of chapter sixty-three of the
General Laws, as amended by chapter three hundred and ninety-
four of the acts of nineteen hundred and twenty-one.

Approved May 1, 1923.

Chap. 39 Resolve providing for an investigation by the metro-
politan DISTRICT COMMISSION OF CERTAIN SURFACE DRAIN-
AGE PROBLEMS IN THE CITIES OF EVERETT, REVERE AND
MALDEN.

Investigation
by metropoli-
tan district
commission of
certain surface
drainage prob-
lems in cities
of Everett,
Revere and
Maiden.

Repayment of
expenses to
state by cities
of Everett and
Revere and
Woodlawn
Cemetery.

Resolved, That the metropolitan district commission is hereby
authorized and directed to make an investigation and study of
the drainage problems involved in the disposal of surface and
ground waters in and from the northeastern part of Everett and
the immediately adjacent portions of Revere and Maiden; and
to make a report of the results of its investigation and study
with its recommendation of a plan for the disposal of such waters
and to file the same with the clerk of the house of representatives
on or before the fifteenth day of October, nineteen hundred and
twenty-three, and at the same time to file a duplicate copy of
the report with the budget commissioner.

There may be expended for said investigation and study such
sum, not exceeding fifteen hundred dollars, as may be hereafter
appropriated therefor, which shall be repaid to the common-
wealth, one third by the city of Everett, one third by the city of
Revere and one third by the Woodlawn Cemetery, a Massachu-
setts corporation. The amounts so payable by said cities of
Everett and Revere, respectively, shall be included by the state
treasurer in the state tax of said cities. The Woodlawn Ceme-
tery is authorized to enter into an agreement with the common-
wealth, through said metropolitan district commission, for the
payment to the commonwealth of its proportionate part of the
cost of said investigation and study, and said commission shall
not begin said investigation and study until such an agreement,
in a form satisfactory to it, shall have been made.

Approved May 3, 1923.

Chap. 40 Resolve relative to the protection of the shad fishery

IN palmer's river.

shad'^lhery^ Rcsolved, That the commissioner of conservation, personally

in Palmer's or acting through the director of the division of fisheries and
game, is hereby directed to confer with the proper authorities of
the state of Rhode Island with a view to securing co-operative
action by said state and the commonwealth designed to protect
the shad fishery in Palmer's river. The said commissioner shall
report the results of such conference to the next annual session
of the general court not later than the first Wednesday in Jan-
uary, with drafts of such legislation as may be necessary to
effect said purpose. Approved May 3, 1923.

Resolves, 1923. —Chaps. 41, 42, 43. 577

Resolve providing for further investigation by the QJku) 41
commissioner of education of the question of removing "*

the field station of the massachusetts agricultural
college from north lexington to waltham.

Resolved, That the commissioner of education is hereby di- Further in-

• 1 n 1 1 • 1 •!• (> ii- 1 1 vestigation of

rected to consider further the advisabihty oi sellmg the market question of
garden field station of the Massachusetts Agricultural College sta"fo^n o1 ^^'"^
at North Lexington and removing the market garden field ^^^fgy^Jt^r®!*^^
station work of the college to the property at Waltham which College from
the trustees of the college propose to acquire by gift from the i,i°[on to"'"
estate of the late Cornelia Warren, particularly as to the amount Waitham.
expended by the commonwealth for the purchase and improve-
ment of the North Lexington property, the amount for which
it could probably be sold, and the buildings, alterations, im-
provements and equipment which would be required at the
Waltham property to fit it for the use of the field station, with
estimates of cost, and as to whether any of the buildings or
equipment at North Lexington could with advantage be moved
to Waltham, together with estimates of the comparative gross
and net operating expenses of the North Lexington station and,
so far as they can be estimated, of the proposed Waltham station.
The commissioner shall file a report of the investigation hereby
directed, together with his recommendations, with the budget
commissioner on or before October fifteenth of the current year,
as provided by section four of chapter twenty-nine of the General
Laws. Approved May 5, 1923.

Resolve providing for the payment to the widow of (JJid^n 42

THE late representative FRANK W. GUILLO OF TAUNTON
OF THE BALANCE OF THE SALARY TO WHICH HE WOULD HAVE
been ENTITLED FOR THE CURRENT SESSION.

Resolved, That, in consideration of his meritorious and honor- Payment to
able service in the general court of this commonwealth, there be Rep°rsentative
allowed and paid out of the treasury of the commonwealth to o'j^nio^"
the widow of Frank W. Guillo of Taunton, who died while a Taunton.
member of the present house of representatives, the balance of
the salary of fifteen hundred dollars to which he would have
been entitled had he lived and served until the end of the present
session. The state treasurer is hereby directed to make the
payment hereby authorized out of the appropriation made in
item three of the general appropriation act.

Approved May 5, 1923.

Resolve establishing a special commission to investi- Qfidj) 43

GATE THE SUBJECT OF OLD AGE AND OTHER PENSIONS.

Resolved, That a special commission, to consist of five persons Special com-
to be appointed by the governor, is hereby established for the hivestigate
purpose of considering the entire problem of pensions, retire- |"g^and°othOT

578

Resolves, 1923. — Chap. 43.

Named
commission
on pensions.
Scope of
investigation.

Quarters in
state house,
clerical assist-
ance, etc.

Witnesses, etc.
Report, etc.

merit allowances and payments in the nature of pensions, whether
to officers or employees retired or retiring from the public
service, or to persons in private life who, by reason of injury or
otherwise, are no longer able to support themselves in gainful
occupations. The commission shall be kno\\Ti as the commission
on pensions. In connection with the study of the problem of
old age pensions the commission shall ascertain the number of
persons who would be entitled to the benefits of such a system
of pensions, the probable initial expense incident to its establish-
ment, the expense throughout a period of twenty-five years
thereafter and the efi^ect which such establishment might have
on the amount of funds expended in public and private charity.
The commission shall prepare figures showing to what extent
the commonwealth and its several subdivisions are now expend-
ing and have already expended during the past twenty-five
years, by way of aid to mothers with dependent children, juvenile
aid and poor relief, and in all other channels of public aid, relief
and assistance, public funds, and the probable increase in such
expenditures under existing law during the next twenty-five
years. The commission shall specifically consider and suggest
such methods of taxation as may be necessary to finance any
system of pensions that it may recommend. The commission
shall investigate the workings of the present system of retire-
ments and pensions for public employees, including the state,
county, city and town and teachers' retirement systems, and
the laws providing pensions for judges and all other public
officers and employees. It shall study and compare the pension
and retirement systems of other states and foreign countries in
respect both to public and private systems. It shall also ascer-
tain the total cost to date, with probable future increases, of
the system of public pensions and retirements as now established.
Said cost shall be exhibited with comparative figures showing
valuations, population and other relevant factors, in such manner
as to disclose taxation costs, both per capita and aggregate.
The commission shall consider the relative merits of contributory
and non-contributory systems with reference to both public and
private pensions, and to what extent the cost to the public may
be lessened by private gifts, bequests and devises. The com-
mission shall be provided with quarters in the state house, may
employ clerical, actuarial and other expert assistance, and may
expend from such amount, not exceeding twenty-five thousand
dollars, as may be appropriated by the general court such sums
as may be approved by the governor and council. It may require
the attendance and testimony of witnesses and the production
of books and papers, and may administer oaths. The commis-
sion shall report its findings and recommendations on the afore-
said matters, with drafts of any legislation that may be necessary
to carry such recommendations into effect, to the general court
on or before the first Wednesday in January, nineteen hundred
and twenty-five. Approved May 5, 1923.

Resolves, 1923. — Chaps. 44, 45, 46. 579

Resolve in favor of the widow of the late thomas (Jjidj) 44

MARTIN JOYCE.

Resolved, That, in consideration of his conscientious and Payment to

. , 1 I • 1 PI- widow of lato

meritorious services to the commonwealth in the course oi his Representative
long and honorable career in the senate and house of repre- J^yc'^.''^ Martm
sentatives, and to the city of Boston which he efficiently served
as a member of the city council, there be allowed and paid out
of the treasury of the commonwealth to the widow of Thomas
Martin Joyce of Boston, who died while a member of the present
house of representatives, the balance of the salary of fifteen hun-
dred dollars to which he would have been entitled had he lived
and served until the end of the current session. The state
treasurer is hereby directed to make the payment hereby au-
thorized out of the appropriation made in item three of the
general appropriation act. Approved May 5, 1923.

Resolve providing for the payment to the widow of (J^ku) 45

THE late representative PETER L. KELLEY OF BOSTON
OF THE BALANCE OF THE SALARY TO WHICH HE WOULD HAVE
BEEN ENTITLED FOR THE CURRENT SESSION.

Resolved, That, in consideration of his meritorious and honor- Payment to
able service in the general court of this commonwealth, there Rep'J'Isentative
be allowed and paid out of the treasury of the commonwealth Peter L. Keiiey.
to the widow of Peter L. Kelley of Boston, who died while a
member of the present house of representatives, the balance of
the salary of fifteen hundred dollars to which he would have
been entitled had he lived and served until the end of the present
session. The state treasurer is hereby directed to make the
payment hereby authorized out of the appropriation made in
item three of the general appropriation act.

Approved May 5, 1923.

Resolve to provide for the improvement of Plymouth Qhnnj 45

HARBOR. ^'

Resolved, That, after an appropriation has been made sufficient improvement
to cover the state's portion of the cost of improving Plymouth harbor™°"*^
harbor by dredging and otherwise, the division of waterways
and public lands of the department of public works is hereby
authorized to co-t)perate with the war department of the United
States in the matter of making such improvement. Upon satis-
factory evidence that the United States has appropi;iated a sum
of not less than fifty-one thousand dollars for the improvement
aforesaid and after written request from the secretary of war
of the United States, there shall be placed to the credit of the
United States for the aforesaid purpose a cash deposit of not
exceeding fifty-one thousand dollars. Approved May 5, 1923.

580

Resolves, 1923. — Chaps. 47, 48.

Chap. 47 Resolve providing for an investigation by the metro-
politan DISTRICT COMMISSION RELATIVE TO THE BRIDGE
OVER THE CHARLES RIVER BETWEEN THE CITIES OF BOSTON
AND CAMBRIDGE.

Investigation
relative to
bridge over
Charles river
between cities
of Boston anil
Cambridge.

Chap.

Resolved, That the metropolitan district commission be
authorized and directed to investigate the matter of construct-
ing a new bridge, without an island, across the Charles river
between Boston and Cambridge at or near the existing location
of the Massachusetts avenue bridge. The commission shall also
consider whether it is feasible to so reconstruct the present
bridge as to fit it for traffic requirements. The commission shall
report its conclusions to the next annual session of the general
court on or before the first Saturday in January. Said commis-
sion shall include in its report sketches and plans of any bridge
recommended by it hereunder, and if it finds that reconstruction
of the present bridge is feasible, shall also submit plans for such
reconstruction together with estimates of cost. To carry out the
purposes of this resolve, said commission may employ such
architects, engineers and other assistants as may be necessary
and may expend a sum not exceeding twenty-five thousand
dollars out of the Metropolitan Parks Maintenance Fund.

Approved May 8, 1923.

48 Resolve providing for the erection in cuba of a me-
morial TO the soldiers of the eighth MASSACHUSETTS
REGIMENT OF INFANTRY WHO LOST THEIR LIVES IN THE WAR
WITH SPAIN AND FOR THE APPROPRIATE DEDICATION OF THIS
AND OTHER MEMORIALS.

Provision
for erection
in Cuba of
memorial to
certain soldiers
who lost their
lives in war
with Spain.

Provision for
appropriate
dedication of
this and other
memorials.

Resolved, That there be added to the commission, appointed
under chapter seventeen of the resolves of nineteen hundred and
twenty-two, two additional members to be appointed by the
governor, and that said commission, in addition to the duties
imposed upon it by said chapter seventeen, provide for the erec-
tion of a suitable tablet or tablets at some prominent point in
Cuba, in memory of the soldiers of the Eighth Massachusetts
Regiment of Infantry, Massachusetts Volunteer Militia, who
lost their lives while representing the commonwealth in the
service of the United States during the war with Spain ; and that
for the purpose of providing and erecting said tablet or tablets
there be allowed and paid out of the treasury of the common-
wealth a sum, not exceeding fifteen hundred dollars, to be ex-
pended under the direction of said commission. Plans and
specifications for the proposed tablet or tablets shall be sub-
mitted to the governor and council for their approval before
any expenditure hereunder is made. And be it further resolved,
that the governor be requested to arrange with the war depart-
ment of the United States for the transportation of said com-
missioners to Cuba, by government transport, without expense
to the commonwealth, for the purpose of providing for the ap-
propriate dedication of the tablets authorized by this resolve
and by said chapter seventeen. Approved May 10, 1923.

Resolves, 1923. — Chap. 49. 581

Resolve providing for an investigation by the depart- (Jfidj) 49

MENT OF PUBLIC HEALTH OF THE MATTER OF SEWERAGE AND
SEWAGE DISPOSAL IN THE VALLEY OF THE MERRIMACK RIVER.

Resohcd, That the department of public health is hereby au- investigation
thorized and directed to investigate the condition of the Merri- of^j}fhHc*heaUh
mack river and the matter of sewerage and sewage disposal in of sewerage and
the valley of said river within the limits of the commonwealth, invaUeyofMCT-
in the cities of Lowell, Lawrence, Haverhill and Newburyport, rimack river.
and in the towns of Dracut, Tyngsborough, Chelmsford, Billerica,
Tewksbury, Andover, North Andover, Methuen, Groveland,
West Newbury, Merrimac, Amesbury and Salisbury.

Said department shall consider and report upon a general
system of sewerage and sewage disposal for the prevention of the
pollution of said river and for the removal and disposal of the
sewage of the cities and towns herein mentioned, or parts
thereof, including also the removal or disposal of manufacturing
wastes which may contribute materially to the pollution of said
river.

It shall be the duty of the said department — Duties of

(1) To prepare a plan for a main trunk sewer or sewers to tomveSfgati^n.
collect the sewage now discharged into the Merrimack river or

its tributaries within any of the cities or towns herein mentioned
and convey it to an outlet into the sea or to suitable disposal
works, as said department may determine to be most advan-
tageous under the circumstances.

(2) To prepare plans of tributary or main branch sewers to
intercept and collect sewage and manufacturing wastes and
remove the same from the present sewer outlets into said river
or its tributaries within the limits of the cities and towns herein
mentioned to the main trunk sewer, with pumping stations or
such other appurtenances thereto as may be necessary.

(3) To designate the cities and towns or parts of cities and
towns which are tributary to and embraced in the district to be
served by said main trunk sewer, main branches and outlet or
disposal works.

(4) Said department shall also consider and report whether
any city or town or any group of two or more cities or towns can
more advantageously provide for itself or themselves a distinct
system of sewerage, drainage and disposal works, and shall pre-
pare plans of such distinct system or systems with outlet or dis-
posal works, if recommended.

(5) Said department shall consider and report whether the
treatment or disposal of manufacturing wastes separately from
the disposal of sewage can be effected to advantage, and shall
report a plan for such separate treatment or disposal of such
wastes, if recommended.

(6) Said department shall also consider and report the amount
of sewage and manufacturing wastes entering the Merrimack
river in the state of New Hampshire and recommend, if the de-
partment deems it necessary, any arrangements that may be
entered into by the commonwealth with the state of New

582

Resolves, 1923. — Chaps. 50, 51.

Examination
of all sewers
discharging
into Merrimack
river, etc.

Surveys, em-
ployment of
engineers, etc.

Expenses,
payment, ap-
jX)rtionnient
upon cities and
towns, etc.

Reports.

Hampshire to abate by treatment or otherwise any existing
nuisances.

Said department may examine in connection with this investi-
gation all sewers discharging into said river or its tributaries
within any of the cities or towns herein named, and may enter
the premises of any manufacturing establishment for the purpose
of making an examination of the amount and character of any
sewage or waste discharged therefrom into the river or into any
tributary thereof within said cities and towns.

Said department shall make such surveys as may be necessary
to determine upon locations for sewers, drains, sewer outlets or
disposal works, and may employ such engineers or other as-
sistants as may be necessary for the proper carrying out of the
investigation and the preparation of plans, and may expend
therefor such sum as may hereafter be appropriated, not exceed-
ing twenty thousand dollars.

The expenses incurred under this resolve shall be reported by
the said department to the governor and council, and shall,
when approved by them, be paid out of the state treasury. Said
department shall apportion the amount of the expenses so paid
upon the cities and towns herein mentioned, in proportion to the
benefits derived by each city or town from the work done under
authority of this resolve, and the amount so apportioned on
each city and town shall be assessed, collected and paid over to
the state treasurer in the same manner and at the same time as
state taxes.

All reports under this resolve shall be made by said depart-
ment to the general court on or before the second Wednesday
in January, nineteen hundred and twenty-four.

Approved May 11, 1923.

Chap. 50 Resolve confirming the acts of Robert avinsor, jr., as

A NOTARY PUBLIC.

Acts of Robert RcsoIved, That the acts of Robert Winsor, Jr., of Weston, as

as a notary pub- notary public, between December twenty-eight, nineteen hun-

hc confirmed, j^.^^ ^^^ tweuty-ouc, and April twenty-five, nineteen hundred

and twenty-three, both dates inclusive, are hereby confirmed

and made valid to the same extent as if during that time he had

been duly qualified to discharge the duties of said office.

Approved May 11, 1923.

Chap. 51 Resolve authorizing certain improvements in the state

house and elsewhere.

Certain im-
provements in
stat« house, etc.
authorized.

Proviso.

Resolved, That, after an appropriation has been made, there
may be expended from the treasury of the commonwealth,
under the direction of the superintendent of buildings, a sum
not exceeding twelve thousand four hundred dollars, for the fol-
lowing purposes: — (1) the construction of a corridor in the first
floor of the state house in front of the elevators and nearly in
line with the east and west wing corridors in the floors above at
a cost not to exceed ten thousand dollars, provided, that no
payment shall be made or obligation incurred under authority

Resolves, 1923. — Chaps. 52, 53. 583

of this item if the bid for contracts,- proposed fcjr acceptance,
exceeiJs tlie sum hereby allotted for the work; (2) the installa-
tion of an adequate ventilating system for the state house
restaurant at a cost not to exceed fi\e hundred dollars; (3) the
installation of certain partition construction in the Worcester
branch offices of the department of public safety at a cost not
to exceed one thousand dollars; and (4) the suitable mounting
and placing on the state house grounds, on a site to be approved
by the governor and council, of a Spanish cannon, loaned to the
commonwealth by the federal government and now stored in
the state house, at a cost not to exceed nine hundred dollars.

Approved May 12, 1923.

Resolve requesting the attorney general to hear the CJiap. 52

CLAIMS OF persons WHO ALLEGE PROPERTY DAMAGE BY

REASON OF THE CONSTRUCTION AND MAINTENANCE OF THE

ARMORY IN THE CHARLESTOWN DISTRICT OF THE CITY OF
BOSTON.

Resolved, That the attorney general is hereby requested to Attorney
hear the claims of persons who allege damage to their property hear claims of
by reason of the occupation and use thereof by the common- a^fegj'ng'^rop^^
wealth in connection with the construction and maintenance of erty damage
the Charlestown armory on Bunker Hill street in the Charles- cmiltruction,
town district of the city of Boston, and to report the names of fn°charfestown
persons whose property has been so damaged, and the amounts district of
of damages sustained by such persons, and whether or not there
is any legal or other obligation on the part of the commonwealth
in relation thereto. The attorney general is hereby further re-
quested to file his report with the clerk of the house of repre-
sentatives on or before the fifteenth day of October of the current
year, and at the same time file a copy of the same with the
budget commissioner as a part of the budget estimates required
to be submitted under section four of chapter twenty-nine of
the General Laws. Approved May 14, 1923.

Resolve providing for an investigation as to jury serv- (Jhnj) 53

ICE IN THE COURTS OF THE COMMONWEALTH AND AS TO MAK-
ING WOMEN ELIGIBLE FOR SUCH SERVICE.

Resolved, That a special unpaid commission, to consist of one investigation
senator to be designated by the president of the senate, two i\fe hi ^courts oT
representatives to be designated by the speaker of the house, andas°t(rmak-
and four other persons to be appointed by the governor with ing women
the advice and consent of the council, shall investigate the subject f^^ servfce.
of jury service in the courts of the commonwealth, with special
reference to the changes in the jury system recommended by
the attorney general in his report for the year ending January
seventeenth, nineteen hundred and twenty-three, and to the
service of women on juries, and to what extent existing court
house and other facilities may require enlargement or alteration
if women are to be made eligible for such service. The com-
mission shall be provided with quarters in the state house, may
require the attendance and testimony under oath of witnesses

584

Resolves, 1923. — Chaps. 54, 55.

and the production of books and papers, and may expend for
clerical assistance and for other expenses, such sums as the
governor and council may approve. Any member of the com-
mission may administer oaths to witnesses. It shall report the
results of its investigations, with drafts of proposed legislation
embodying the same, to the general court on or before December
fifteenth, nineteen hundred and twenty-three.

Approved May I4, 1923.

Chap. 54 Resolve establishing a special commission to revise the

CHARTER OF THE CITY OF BOSTON.

Special com-
mission to
revise charter
of city of
Boston.

Chairman.
Boston Charter
Revision
Commission.
Duties.

Report.

Termination.

Quarters in
state house,
hearings, etc.

Expenditures.

Proviso.

Resolved, That a special commission is hereby established, to
consist of two members of the senate to be appointed by the
president, five members of the house of representatives to be
appointed by the speaker, four persons to be appointed by the
governor, and two by the mayor of the city of Boston, all of said
members to be registered voters in the city of Boston.

The commission shall choose its chairman and shall be known
as the Boston Charter Revision Commission. It shall be the
duty of the commission to investigate and consider what, if any,
amendments to the city charter of the city of Boston are ad-
visable and it may report a complete revision of the present city
charter of said city.

The commission shall report its findings, with such recom-
mendations as it may deem expedient, together with drafts of
legislation embodying the same, to the general court on or be-
fore the second Wednesday in January, nineteen hundred and
twenty-four. Upon the filing of such report, the existence of
the commission shall terminate. The commission shall be fur-
nished with suitable rooms in the state house, may hold public
hearings, may require by summons the attendance and testimony
of witnesses and the production of books and papers relating to
any matter under investigation by it, and may administer oaths
to witnesses testifying before it. Such summons may be issued
and such oaths administered by the chairman of the commis-
sion.

The commission may expend such sums for expenses, travel,
clerical and other assistants as may be approved by the governor
and council, but not exceeding such sum as the general court
may appropriate; provided, that the members of the commis-
sion shall not receive reimbursement except for expense actually
incurred in the discharge of their duties.

Approved May I4, 1923.

Chap. 55 Resolve providing for an inquiry as to the results of

PROBATION.

Inquiry as to
results of pro-
bation.

Resolved, That the commission on probation is hereby au-
thorized and directed to make an inquiry as to the results of
probation by a survey of the conduct, subsequent to their pro-
bation term, of persons who have been under the care of proba-
tion officers, for the purpose of determining the efficacy of pro-

Resolves, 1923. — Chaps. 56, 57. 585

bation as a means of securing lawful and orderly behavior of

persons who have been offenders. The commission shall select

for such survey the jurisdiction of such court or group of courts

as in its judgment fairly represents ordinary conditions and cases

of all offences within a period extending sufficiently far into the

past to show the probable permanence of the results. For the

purpose of said inquiry, the commission may employ such

assistance as maj' be necessary and may expend such sum as

may be appropriated not exceeding four thousand dollars. The

commission shall report its findings to the next annual session

of the general court not later than the second Wednesday of

January. There shall, however, be no publication in such report Restrictions as

or otherwise of the name of, or other facts as to, any person ofnamesfetc!

tending to identify him as having had a criminal record.

Approved May 15, 1923.

Resolve providing for the appointment of a commission Qhn'Q 5ft

TO INVESTIGATE THE ADVISABILITY OF REMOVING CERTAIN
RESTRICTIONS IMPOSED BY THE COMMONWEALTH ON LAND
IN THE BACK BAY DISTRICT IN THE CITY OF BOSTON.

Resolved, That a special unpaid commission, consisting of the investigation
attorney general, the commissioner of public works, and the certain^^st^r^
building commissioner of the city of Boston, is hereby estab- t»ons from land
lished. Said commission shall consider the subject matter con- district of ¥os-
tained in the bill printed as senate number two hundred and *°°'
seventeen of the current year, namely, the operation and effect
of the restriction, that no cellar or lower floor of any building
on land formerly owned by the commonwealth shall be placed
more than four feet below the level of the mill dam as fixed by
the top surface of the hammered stone at the southeast corner
of the emptying sluices. Said commission shall report its find-
ings to the clerk of the house of representatives on or before
December fifteenth, nineteen hundred and twenty-three.

Approved May 15, 1923.

Chap. 57

Resolve providing for an investigation relative to the
construction of a new building for the supreme ju-
dicial court, the archives division of the state secre-
tary's department and the state library.

Resolved, That the commission on administration and finance investigation as
is hereby authorized to investigate and report as to the necessity of ^w^buliding
or advisability of constructing a new building for the supreme for supreme
judicial court, the archives division of the state secretary's de- archiws'di^-'
partment and the state library. The commission shall file its sicretl/*8*de-
report with the clerk of the house of representatives on or before partment and
the fifteenth day of October of the current year, and at the same ^^'^ ''^'^'■^'
time shall file a copy of the same with the budget commissioner
as a part of the budget estimates required to be submitted under
section four of chapter twenty-nine of the General Laws.

Approved May 16, 1923.

586

Resolves, 1923. — Chaps. 58, 59.

Investigation as
to providing a
limitation of
exemptions
from local taxa-
tion of certain
property.

Chap. 58 Resolve relative to an investigation of the advisa-
bility OF PROVIDING A LIMITATION OF EXEMPTIONS FROM
LOCAL TAXATION OF CERTAIN PROPERTY.

Resolved, That a special commission is hereby estabhshed, to
consist of the commissioner of education, the commissioner of
public welfare and the commissioner of corporations and taxa-
tion, which shall investigate and report to the general court,
not later than the second Wednesday in January, nineteen hun-
dred and twenty-four, as to the advisability of providing by
law for limiting the operation of the exemption from local
taxation, contained in clause Third of section five of chapter
fifty-nine of the General Laws, to institutions chartered under
the laws of this commonwealth, the assets of which are perma-
nently held for and devoted to one or more of the public uses
stated in said clause, and more particularly as to the advisability
of providing by law for excluding from the operation of such
exemption institutions so incorporated as to have a capital
stock, divided into shares or otherwise, owned in such manner
that the assets thereof may be sold or the property thereof di-
verted, by dissolution of the corporation or otherwise, from the
public purpose for which the institution was chartered and pass
to private ownership or advantage. Any recommendations
made in such report shall be accompanied by drafts of legisla-
tion embodying the same. Approved May 17, 1923.

Chap. 59 Resolve relative to contributory pensions for certain

VETERANS IN PUBLIC EMPLOYMENT.

Investigation
as to contribu-
tory pensions
for certain vet-
erans in public
employment.

Resolved, That a special unpaid commission, to consist of the
state treasurer, the attorney general or an assistant attorney
general designated by him, and the chairman of the commission
on administration and finance or an associate commissioner
thereof designated by him, is hereby established to consider the
subject matter of current senate document number one hundred
and forty-four, and more particularly the requirements of exist-
ing pension laws relative to Spanish War and W^orld War vet-
erans in public service, and whether such veterans should be
exempted either in whole or in part from state, county and mu-
nicipal contributory pension systems and, if so, on what terms
and conditions, and what effect any exemptions now provided
have, or any further exemptions might have, on existing con-
tributory pension systems for public employees and the addi-
tional cost to such systems resulting from any such exemptions.
Said commission shall report its findings and recommendations,
with drafts for such legislation, if any, as may be necessary to
carry out its recommendations, by filing the same with the
clerk of the house of representatives not later than December
first in the current year. Approved May 17, 1923.

Resolves, 1923. —Chaps. 60, Gl, 02. 587

Resolve validating the acts of Robert t. delano of (JJidj) QQ

WAREHAM AS A JUSTICE OF THE PEACE.

Resolved, That the acts of Robert T. Delano of Wareham as Acts of
a justice of tlie peace, between January seventeenth, nineteen DeiTnoasa
hundred and twenty-three and May ninth, nineteen hundred j'lstice of the
and twenty-three, both dates inclusive, are hereby confirmed
and made valid to the same extent as if during that time he had
been qualified to discharge the duties of said office.

Approved May 17, 1923.

Resolve validating the acts of charles a. winslow of QJku) gi

MEDFORD AS A JUSTICE OF THE PEACE.

Resolved, That the acts of Charles A. Winslow of Medford as Acts of
a justice of the peace, between December twenty-third, nine- whisiow^
teen hundred and twenty-one and May tenth, nineteen hundred a justice of
and twenty-three, are hereby confirmed and made valid to the validated.
same extent as if during that time he had been qualified to dis-
charge the duties of the said office. Approved May 17, 1923.

Resolve relative to the relocation of the state prison, nhn^ ao

Resolved, That a special unpaid commission of five persons to investigation,
be appointed by the governor, with the advice and consent of comm^slorM
the council, shall, after investigation, recommend a new loca- to relocation of
tion for the state prison. The commission may consider the ^ '^P^'^son-
feasibility and advisability of converting the Massachusetts
reformatory at Concord into a state pi'ison and of establishing
a new reformatory at some other location. The commission
shall consider the merits of all locations reasonably available,
including the state institution at Bridgewater, and shall have
plans prepared, with estimates of cost, for the construction of
an adequate prison upon such site as the commission may
recommend, including plans and estimates for the conversion
into a state prison of the said reformatory or the state institu-
tion at Bridgewater, if such conversion is deemed advisable by
the commission, and for any new construction that may become
necessary by reason of such conversion. The commission shall
be provided with quarters in the state house, may require the
attendance and testimony of witnesses, may administer oaths,
may employ such expert and clerical assistance and may incur Expenses.
such expense as the governor and council may approve, not ex-
ceeding the sum reserved in item five hundred and two and one
half of the general appropriation act of the current year, which
sum is hereby appropriated and made available for the expenses Appropriation.
of this commission. The commission shall make a report to the Report.
general court, by filing the same with the clerk of the house of
representatives, not later than the fifteenth day of October,
nineteen hundred and twenty-three, with drafts of such legis-
lation as may be necessary to carry its recommendations into
effect, and shall, at the same time, file a duplicate copy of said

588

Resolves, 1923. — Chaps. 63, 64.

Dissolution of
commission.

report with the budget commissioner. Upon the fiUng of the
report the duties and powers of the commission shall cease and
it shall be dissolved. Approved May 18, 1923.

Chap.

63 Resolve peoviding for an investigation by the board of
trustees of the boston elevated railway company of
the expediency and practicability of removing the
elevated structures in the city of boston and substi-
tuting subways in place thereof.

Investigation
as to removal
of elevated
structures in
Boston and
substitution
of subways in
place thereof.

Resolved, That the board of trustees of the Boston Elevated
Railway Company is hereby authorized and directed to consider
the expediency, practicability and cost of removing the elevated
structures in the city of Boston and substituting a system of
subways in place thereof to be used in conjunction with existing
subways and tunnels, and to make a report to the general court
by filing such report with the clerk of the house of representa-
tives not later than October fifteenth in the current year.

Approved May 18, 1923.

Chap.

64 Resolve providing for an investigation by the depart-
ment OF public health of sewerage and sewage dis-
posal FOR THE cities OF SALEM, BEVERLY AND PEABODY,
THE TOWN OF DANVERS AND FOR CERTAIN PUBLIC INSTITU-
TIONS.

Investigation
as to sewerage
and sewage dis-
posal for cities
of Salem, Bev-
erly and Pea-
body and town
of Dan vers.

For Danvers
state hospital
and Essex
county sana-
torium at
Middleton.

Duties of
department of
public health
as to investi-
gation, etc.

Resolved, That the department of public health is hereby au-
thorized and directed to investigate, consider and report upon
the general question of sewerage and sewage disposal for the
cities of Salem, Beverly and Peabody and the town of Danvers,
with special reference to the disposal of the sewage by discharge
into the sea, either by separate or combined outlets or in con-
nection with a plan of a proposed new and larger outfall sewer
system and outlet for the cities of Salem and Peabody presented
in a report by the said department to the general court of nine-
teen hundred and twenty-three and printed as house document
number eleven hundred and seventy-five of that year.

The said department shall also consider the necessity or ad-
visability of including in any of said systems of sewerage and
sewage disposal the Danvers state hospital and the Essex county
sanatorium at Middleton, which occupy lands draining into the
Ipswich river above the intake of certain public water supply
systems.

It shall be the duty of said department to consider the practi-
cability of a general system of sewage disposal for all of the
municipalities and institutions herein mentioned by means of a
joint system of main sewers and an outlet into the sea or by
means of separate systems and outlets or disposal works for such
parts of said cities and town or for said institutions as may, in
the opinion of said department, be advisable. If said depart-
ment shall deem it advisable to include all of said municipalities
and institutions in a general system of sewerage and sewage dis-
posal or any parts of said cities and town or either of said insti-

Resolves, 1923. — Chap. 65. 589

tutions in such a system, it shall present a general plan and an
estimate of the cost of the . necessary works.

Said department shall also consider plans for the local dis- I'lansof
posal of sewage in the city of Beverly and the town of Danvers o'fsewagein*
and the institutions in question for comparison with the plan '''e^eriy Dan-

vers Jinci cortSiin

of a general system or s^^stems for such disposal. institutions,

Said department shall report to the general court the results ^^^^j..
of its investigations with recommendations thereon and any plan
or plans for carrying out any and all of the schemes which it
may recommend. Said report shall be made on or before the
third Wednesday in January, nineteen hundred and twenty-
four, and shall be accompanied by such drafts of legislation as
the said department may think necessary or advisable in order
to carry into effect any recommendations which it may make.

Subject to such appropriation as may hereafter be made, said r'-xpenditures.
department may expend under this resolve a sum not exceeding
four thousand dollars. The expenditures so incurred shall be
reported by said department to the governor and council and
shall, when approved by them, be paid out of the state treas-
ury.

Said department shall apportion eighty-five per cent of the Apportionment
expenses so paid upon the cities of Salem, Beverly and Peabody, °^ expenses.
the town of Danvers and the county of Essex, in such proportion
as it shall determine. The amount so apportioned on each such
city and town shall be assessed, collected and paid over to the
state treasurer in the same manner and at the same time as
state taxes. The amount so apportioned on said county shall,
within a reasonable time after notice thereof by said depart-
ment, be paid by said county from any of its funds available
therefor. Approved May 19, 1923.

Resolve providing for an investigation by the metro- nhrjj. ar^

POLITAN district COMMISSION RELATIVE TO ADDITIONAL ^'

SEWERS IN THE TOWN OF ARLINGTON AND IN THE CITY OF
MEDFORD.

Resolved, That the metropolitan district commission be au- investigation
thorized and directed to investigate as to the construction, as dit1onfi*^rewMs
part of the metropolitan sewerage system, in pursuance of the in town of
provisions of section four of chapter five hundred and twenty city^of Med-
of the acts of eighteen hundred and ninety-seven, of additional ^°'''^-
sewers in the valley of Mill or Sucker brook in the town of
Arlington and through other territory in the town of Arlington
and in the city of Medford. The commission shall inquire into
sewerage needs and requirements of said territory, both present
and prospective, and the adequacy of the present system of
metropolitan sewers therein. The commission shall cause to be
made such surveys, plans and estimates of cost as may be neces-
sary to enable said commission to begin work, and may expend
for the purposes of this resolve such sums as may hereafter be
appropriated, not exceeding thirty thousand dollars. The com-
mission shall file its report and recommendations, together with
drafts of such legislation as it may recommend, with the clerk

590

Resolves, 1923. — Chaps. 66, 67, 68.

of the house of representatives on or before the fifteenth day of
October in the current year, and at the same time shall file a
copy of the same with the budget commissioner as part of the
budget estimates required to be submitted under section four of
chapter twenty-nine of the General Laws.

Approved May 22, 1923.

Chap. 66 Resolve confirming the acts of willard dalrymple as

A NOTARY PUBLIC.

wiUard RcsoIved, That the acts of Willard Dalrymple of Newton as a

Dairympie notary pubHc, between May third, nineteen hundred and six-
pubifc°con- teen, and May third, nineteen hundred and twenty-three, both
firmed. datcs inclusive, are hereby confirmed and made valid to the

same extent as if during that time he had been qualified to dis-
charge the duties of the said office. Approved May 23, 1923.

Chap. 67 Resolve providing for the proper observance of the

TWENTY-FIFTH ANNIVERSARY OF THE TERMINATION OF THE
WAR WITH SPAIN.

Resolved, That, in testimony of the commonwealth's appre-
ciation of the services rendered by the men from Massachusetts
who served in the war with Spain and to provide for the proper
observance of the twenty-fifth anniversary of the termination of
such war, there be allowed and paid out of the treasury of the
commonwealth a sum not exceeding eight thousand dollars, to
be expended, under the direction of the adjutant general, after
consultation with the commander of the department of Massa-
chusetts of the United Spanish War Veterans and subject to the
approval of the governor and council, toward paying the expenses
of a parade in Boston of veterans of the Spanish-American war.

Approved May 24, 1923.

Provision
for proper
observance of
twenty-fifth
anniversary of
termination
of war with
Spain.

Chap. 68 Resolve providing for a further investigation relative

TO THE CONSTRUCTION OF A PARKWAY AND TRAFFIC ROAD
FROM BOSTON TO THE MIDDLESEX FELLS PARKWAY.

Further inves-
tigation as to
construction of
a parkway and
traffic road
from Boston
to Middlesex
Fells parkway.

Resolved, That the division of metropolitan planning is hereby
directed to continue the investigation, initiated under chapter
fifty-one of the resolves of nineteen hundred and twenty-two,
for the purpose of selecting a route for a parkway and traffic
road from Boston to the Middlesex Fells parkway via Wellington
bridge and of preparing plans for, and determining methods for
financing, the construction of the same. Said division shall file
its report of the results of such investigation, together with its
recommendations, estimates of costs and drafts of proposed
legislation, with the clerk of the house of representatives on or
before October fifteenth in the current year and at the same
time shall file a copy of the same with the budget commissioner
as a part of the budget estimates required to be submitted under
section four of chapter twenty-nine of the General Laws.

Approved May 25, 1923.

Resolves, 1923. —Chaps. 69, 70, 71. 591

Resolve providing for an investigation and report rela- Qhnjy go

TIVE TO the UIGHWAYS, PARKS AND RESERVATIONS ALONG ^'

THE CONNECTICUT RIVER.

Resolved, That a special unpaid commission, to be known as investigation
tlie Connecticut Valley Park Commission, and to consist of a wa^s.^plrks
county commissioner from each of the counties of Hampden, andreserva-
Hampshire and Franklin, to be designated by the governor, and Connecticut
four other persons, one of whom shall be a landscape engineer "'^^'""
and another a civil engineer, both of established reputation, to
be appointed by the governor, shall investigate as to the most
appropriate and feasible manner of co-ordinating the present
highways, parks and state reservations along the Connecticut
river, and their unification into an accessible system with a view
to promote their most beneficial use and enjoyment. The com-
mission may incur such expenses for clerical assistance, travel
and other expenses as ma}^ be approved by the governor and
council, within such amount, not exceeding one thousand dollars,
as may hereafter be appropriated. The commission shall report
tlie results of its investigation, accompanied by such maps and
plans as it may deem useful, to the next annual session of the
general court on or before the first Wednesday in January, and
with the submission of said report the existence of said com- Termination
mission shall terminate. Approved May 25, 1923. ° comnussion.

Resolve providing for an investigation relative to the nh„^ yn

UNIFYING OF TRANSPORTATION FACILITIES WITHIN THE CITIES ^'

OF BOSTON, CHELSEA AND REVERE.

Resolved, That the division of metropolitan planning is hereby investigation
directed to investigate the expediency and feasibility of consoli- tra^portatibn
dating under one management the operation of all street railway facilities ^ithin
lines in the cities of Boston, Chelsea and Revere and ways and ton, Chelsea
means by which such result can be accomplished. Said division ^° Revere.
shall report its recommendations, together with drafts of legis-
lation to carry the same into effect, to the general court by filing
the same with the clerk of the house of representatives on or
before October fifteenth in the current year, and shall at the
same time file a copy of the same with the budget commissioner
as part of the budget estimates required to be submitted under
section four of chapter twenty-nine of the General Laws.

Approved May 25, 1923.

Resolve providing for an investigation relative to a (Jfidj) 71

COMPREHENSIVE RAPID TRANSIT SYSTEM FOR THE COMMUNI-
TIES SERVED BY THE SAUGUS BRANCH OF THE BOSTON AND
MAINE RAILROAD.

Resolved, That the division of metropolitan planning is hereby investigation
directed to investigate relative to a comprehensive system or ^nsiye nipid
systems of rapid transit for those communities served by the fop^co^^^uni^
Saugus branch of the Boston and Maine Railroad, and to report ties served by
its conclusions and recommendations, with drafts of such legis- of Boston and

592

Resolves, 1923. —Chaps. 72, 73.

Maine Rail-
road.

Assessment
upon city
of Maiden.

Repayment
to state and
redistribution
to Maiden.

lation as it may deem expedient, to the general court not later
than January tenth, nineteen hundred and twenty-five. After
an appropriation has been made therefor, the said division may
expend for the purpose aforesaid such sums, not exceeding five
thousand dollars, as it may deem necessary. The sums so ex-
pended shall be paid in the first instance from the treasury of
the commonwealth, and shall be assessed by the state treasurer
upon the city of Maiden at the same time and in the same manner
as state taxes. If and when the comprehensive system or systems
mentioned above are constructed, the sums, the expenditure of
which is authorized by this resolve, shall be treated as part of
the cost of the construction thereof, and shall be repaid to the
commonwealth by the persons and corporations constructing
the same and redistributed to the city aforesaid.

Approved May 25, 1923.

Chap. 72 Resolve providing for the payment to the widow of the

LATE representative GEORGE P. WEBSTER OF THE BALANCE
OF THE SALARY TO WHICH HE WOULD HAVE BEEN ENTITLED
FOR THE CURRENT SESSION.

Payment to
widow of late
Representative
George P.
Webster.

Resolved, That, in consideration of his honorable service in
the general court of this commonwealth, there be allowed and
paid out of the treasury of the commonwealth to the widow of
George P. Webster of Boxford, who died while a member of the
present house of representatives, the balance of the salary of
fifteen hundred dollars to which he would have been entitled
had he lived and served until the end of the present session.
The state treasurer is hereby directed to make the payment
hereby authorized out of the appropriation made in item three
of the general appropriation act. Approved May 25, 1923.

Chap. 73 Resolve relative to the work of the special commis-
sion AUTHORIZED TO ACQUIRE LAND IN ST. MIHIEL, FRANCE,
FOR CONSTRUCTION THEREON OF A MEMORIAL.

Work

of special

commission

authorized to

acquire land

in St. Mihiel,

France, for

construction

thereon of a

memorial.

Further report.

Resolved, That the commission to ascertain the most appro-
priate methods of caring for the graves of American dead in
foreign soil, appointed under chapter six hundred and sixteen
of the acts of nineteen hundred and twenty and revived and
continued under chapter four hundred and forty-eight of the
acts of nineteen hundred and twenty-one and chapter four hun-
dred and fifty-five of the acts of nineteen hundred and twenty-
two, is hereby directed to make settlement of all claims and
obligations heretofore incurred by the commission, and may ex-
pend for that purpose, and for the cost of making such a survey
of the land acquired under said chapter four hundred and fifty-
five as will afford a proper basis for working plans whereby the
expense of constructing a memorial on such land may be properly
estimated, such sums as may be approved by the governor and
council, not exceeding such appropriation as may hereafter be
made therefor. The said commission is hereby directed to make
to the general court a further report of its proceedings under this

Resolves, 1923. — Chap. 74. 593

resolve and said chapter four hundred and fifty-five, not later
than the second Wednesday of January, nineteen hundred and
twenty-four, and said commission is hereby revived and con- Commission
tinued until said second Wednesday of January. TOntlnued"

Approved May 25, 1923.

Resolve relatr'e to the claim of holbrook, cabot & (JJi^j) 74

ROLLINS corporation AGAINST THE COMMONWEALTH FOR
DAMAGES CLAIMED ON ACCOUNT OF THE CONSTRUCTION OF
THE COMMONWEALTH DRY DOCK AT SOUTH BOSTON.

Resolved, That the attorney general, the state treasurer and o°cff*^'^*'°'^
the commissioner of public works shall constitute a board of of Holbrook,
review for the investigation of the claim of Holbrook, Cabot & linsCorpora-
Rollins Corporation against the commonwealth for damages tion against

, . , ^ „* , • (• 1 11 commonwealth

claimed on account 01 the construction 01 the commonwealth for damages
dry dock at South Boston, as more particularly set forth in the construction of
report of the arbitration board appointed to consider said claim, jj^^oJ^^^'*^
whose report is contained in house document No. 1173 of nine- South Boston.
teen hundred and twenty-one, and for this purpose may hold
hearings, take evidence, administer oaths and issue subpoenas;
and if, after investigation of said claim, said board of review
shall determine that in equity and in good conscience the com-
monwealth should respond in damages, there shall be paid from
the state treasury for settlement in full of such claim from the
Development of the Port of Boston Investment Fund for the
purposes of this resolve, such amount not exceeding two hun-
dred thousand dollars as said board shall determine to be just
and reasonable under all the circumstances of the case.

Any payment made under authority of this resolve shall be Payment from
made from the fund established by section four of chapter two °®''*^^° ^"°^-
hundred and twenty-five of the acts of nineteen hundred and
twenty. Approved May 25, 1923.

594

Amendment to Constitution.

Wl\t Olmtimonuiealtli nf MzLSBnt\^\XBtttB

In the Year One Thousand Nine Hundred and Twenty-one.

Proposed
amendment to
the constitu-
tion relative to
the qualifica-
tions of voters
for certain
state officers.

Proposal for a legislative amendment to the consti-
tution RELATIVE TO THE QUALIFICATIONS OF VOTERS FOR
certain state OFFICERS.

A joint session of the Senate and House of Representatives
hereby declares it to be expedient to alter the Constitution by
the adoption of the following Article of Amendment, to the end
that it may become a part of the Constitution, if similarly
agreed to in joint session of the next General Court and ap-
proved by the people at the state election next following:

ARTICLE OF AMENDMENT.

Article III of the Amendments' to the Constitution, as
amended, is hereby further amended by striking out, in the
first line, the word "male".

In Joint Session, May 24, 192L

The foregoing legislative amendment of the Constitution is
agreed to in joint session of the two houses of the General Court,
the said amendment having received the affirmative votes of a
majority of all the members elected; and it is referred to the
next General Court in accordance with a provision of the Consti-
tution.

HENRY D. COOLIDGE,

Clerk of the Joint Session.

Certified to
the secretary
of the com-
monwealth for
submission to
the people at
the next state
election.

May 10, 1923.

The foregoing Legislative Amendment is agreed to in joint
session of the two houses, the said Amendment having received
the affirmative votes of a majority of all the members elected;
and this fact is hereby certified to the Secretary of the Com-
monwealth, in accordance with a provision of the Constitution.

WILLIAM H. SANGER,

Clerk of the Joint Session.

Amendment to Constitution. 595

all|p (Uoutmonuifaltli of ilaasarljWBfttB

In the Year One Thousand Nine Hundred and Twenty-one.

Proposal for a legislative amendment to the consti-
tution TO ENABLE WOMEN TO HOLD ANY STATE, COUNTY OR
MUNICIPAL OFFICE.

A joint session of the Senate and House of Representatives Proposed
hereby declares it to be expedient to alter the Constitution by the'^co1i?titu-*°
the adoption of the followina; Article of Amendment, to the tion to enable

T , . , f>i/-^ •■ •P--I1 women to hola

end that it may become a part or the Constitution, it similarly any state,
agreed to in a joint session of the next General Court and ap- muniwpai
proved by the people at the state election next following: office.

ARTICLE OF AMENDMENT.

Section 1. No person shall be deemed to be ineligible to
hold state, county or municipal office by reason of sex.

Section 2. Article IV of the articles of amendment of the
constitution of the commonwealth, as amended by Article LVII
of said amendments, is hereby further amended by striking out
the words " Change of name shall render the commission void,
but shall not prevent reappointment under the new name",
and inserting in place thereof the following words : — Upon the
change of name of any woman, she shall re-register under her
new name and shall pay such fee therefor as shall be established
by the general court.

In Joint Session, May 24, 1921.

HENRY D. COOLIDGE,

Clerk of the Joint Session.

May 10, 1923.
The foregoing Legislative Amendment is agreed to in joint Certified to the
session of the tA\'o houses, the said Amendment having received tfufcommon-
the affirmative votes of a majority of all the members elected: wealth for sub-

11-0 •! 1 -/"iio pi/~i mission to the

and this tact is hereby certmed to the Secretary ot the Com- people at the
monwealth, in accordance with a provision of the Constitution, election*^

WILLIAM H. SANGER,

Clerk of the Joint Session.

596

Referendum Petition.

®I|? OIomm0ttUJ0altI) nf iiafisarJiua^tta

Petition filed
requesting
referendum on
chapter 98,
Acts of 1923.

Operation of
law not sus-
pended.

Office of the Secretaht,

Boston, June 6, 1923.

Pursuant to the provisions of Article XL VIII of the Amend-
ments to the Constitution, "The Referendum. III. Referen-
dum Petitions. Section 3", (Article 97 of the Rearrangement
of the Constitution), a petition was filed in this office March
20, 1923, by the required number of qualified voters, asking for
a referendum on Chapter 98, Acts of 1923, entitled, "An Act
prohibiting the use of the names of political parties by organiza-
tions other than duly elected political committees", approved
March 7, 1923, and requesting that the operation of said law be
suspended.

The completed number of subsequent signatures of qualified
voters was not filed within the ninety days required by the
Constitution, terminating June 5, 1923, and the operation of
said law is accordingly not suspended.

FREDERIC W. COOK,

Secretary of the Commonwealth.

Referendum Petition. 597

®I|? Olommomupaltli nf fHaBHarltuaptta

Office op the Secretary,
Boston, August 3, 1923.

Pursuant to the provisions of Article XLVIII of the Amend- J'eqjf^t'Jng^^'^
ments to the Constitution, "The Referendum. III. Referen- roferendumon
dum Petitions. Section 3", (Article 97 of the Rearrangement A^c'tsoTma.
of the Constitution), two petitions were filed in this office May
14 and 19, 1923, respectively, by the required number of
qualified voters, asking for a referendum on Chapter 370, Acts
of 1923, entitled, "An Act relative to intoxicating liquors and
certain non-intoxicating beverages", approved May 9, 1923,
and requesting that the operation of said law be suspended.

Said petitions were completed by the filing in this office Operation of
August 3, 1923, of more than a sufiicient number (23,202) of i^w suspended,
subsequent signatures of qualified voters of the Commonwealth
and the operation of the law was suspended thereby. Said
law will be submitted to the people at the state election No-
vember 4, 1924, for their approval or disapproval.

FREDERIC W. COOK,

Secretary of the Commonwealth.

598

Referendum Petition.

®l|f CUnmmottui^altlj of MnBBnt\:fm^tt3

Petition filed
requesting
referendum on
chapter 454,
Acts of 1923.

Operation of
law suspended.

Office of the Secretary,
Boston, August 27, 1923.

1923, by the required number of qualified voters, asking for a
referendum on Chapter 454, Acts of 1923, entitled, "An Act to
provide funds toward the cost of construction and maintenance
of highways and bridges by means of an excise tax on gasoline
and other fuel used for propelling motor vehicles upon or over
the highways of the commonwealth", approved May 24, 1923,
and requesting that the operation of said law be suspended.

Said petition was completed by the filing in this office August
22, 1923, of more than a sufficient number (17,959) of subse-
quent signatures of qualified voters of the Commonwealth and
the operation of the law was suspended thereby. Said law will
be submitted to the people at the state election November 4,

1924, for their approval or disapproval.

FREDERIC W. COOK,

Secretary of the Commonwealth.

Referendum Petition. 599

®Il? Olommonmfaltli of ilaHHarI|ua?ttB

Office of the Secretary,
Boston, August 27, 1923.

Pursuant to the provisions of Article XLVIII of the Amend- Petition filed
ments to the Constitution, "The Referendum. III. Referen- referendum on
dum Petitions. Section 3", (Article 97 of the Rearrangement A^cts^oTmi
of the Constitution), a petition was filed in this office June 20,
1923, by the required number of qualified voters, asking for a
referendum on Chapter 473, Acts of 1923, entitled, "An Act
relating to deposits with others than banks", approved May 25,

1923, and requesting that the operation of said law be suspended.

Said petition was completed bj^ the filing in this office August Operation of
23, 1923, of more than a sufficient number (15,715) of subse- ^^^^^p*^"
quent signatures of c[ualified voters of the Commonwealth and
the operation of the law was suspended thereby. Said law will
be submitted to the people at the state election November 4,

1924, for their approval or disapproval.

FREDERIC W. COOK,

Secretary of the Commonweallh.

600 Acts and Resolves Approved, etc.

NUMBER or ACTS AND EESOLVES APPROVED, APPROVAL WITH-
HELD. LLST or ACTS VETOED AND DECLARED EMERGENCY
LAWS BY THE GOVERNOR TINDER AUTHORITY OF THE CON-
STITUTION, AND PROPOSALS FOR LEGISLATIVE AMEND-
MENTS TO THE CONSTITUTION.

The general court, during its first annual session held in 1923,
passed 492 Acts and 74 Resolves, which received executive ap-
proval and 2 Acts from which executive approval was withheld
but have become law by virtue of chapter 1, section 1, Article
2 of the Constitution of the Commonwealth.

Two (2) Acts entitled, respectively, " An Act establishing the
salaries of certain emploj^ees of the sergeant-at-arms ", (Chapter
400) ; and " An Act to fix the salaries of certain members of the
metropolitan district commission", (Chapter 427), were passed,
but failed to receive executive approval; as, however, they
were not returned, with objections thereto, within five days
after they had been received in the executive department, the
general court not having been prorogued in the meantime, said
acts have the force of law, under the provisions of the Constitu-
tion governing such cases, and have been so certified.

Three (3) Acts entitled, respectively, " An Act providing that
assistants employed by custodians or janitors in public school
buildings of the city of Boston be exempt from civil service
laws and rules"; "An Act to ascertain the will of the people of
Massachusetts with reference to the repeal of the eighteenth
amendment to the constitution of the United States and to the
amendment of the Federal statutory provisions for the enforce-
ment thereof"; and "An Act authorizing the city of Holyoke to
pay a sum of money to the widow of Thomas E. Powers", were
passed and laid before the governor for his approval; were re-
turned by him wath his objections thereto, to the branch in
which they respectively originated; were reconsidered, and the
vote being taken on their passage, the objections of the gov-
ernor thereto notwithstanding, they were rejected, and said
acts thereby became void.

One (1) Act passed by the general court at its fh'st annual
session held in 1923, entitled " An Act relative to licenses for the
sale of second hand motor vehicles" (Chapter 30) was declared
to be an emergency law by the governor in accordance with the
provisions of the forty-eighth amendment to the Constitution
" The Referendum. II. Emergency Measures". Said Chapter
30 thereby took effect at twenty minutes past four o'clock p.m.
on March 21, 1923.

Acts and Resolves Approved, etc. ' 601

The p;oneral court at a joint session of the two Houses held
May 10, 1928 passed a "Proposal for a legislative amendment
to the constitution relative to the qualifications of v6ters for
certain state officers"; and a "Proposal for a legislative amend-
ment to the constitution to enable women to hold any state,
county or municipal office", which proposals, having been agreed
to in joint session of the general court held May 24, 1921, have
been certified by the clerk of the joint session to the secretary
of the commonwealth, who will submit the amendments to the
People at the next state election to be held November 4, 1924.

The " Proposal for a legislative amendment to the constitu-
tion relative to the establishment of municipal or city govern-
ments in towns", agreed to in joint session of the general court
held May 24, 1921, was referred to the next general court. The
Proposal, however, was refused a "third reading" at a joint
session of the general court held May 10, 1923, and was accord-
ingly not "agreed to," for submission to the People.

The general court was prorogued on Saturday, May 26, 1923,
at five minutes past 12 o'clock a.m., the session having occupied
144 davs.

602

Returns of Votes, etc.

Returns of Votes upon Constitutional Amendment and Questions
submitted to voters.

Returns of Votes upon the Question "Shall an Amendment to the Constitution
relative to Roll Calls in the General Court on the Adoption of Preambles of
Emergency Laivs, which received in a Joint Session of the Two Houses held
May 27, 1920, 169 Votes in the Affirmative and 15 in the Negative, and at
a Joint Session of the Two Houses held May 21^, 1921, received 261 Votes in
the Affirmative and 1 in the Negative, he approved f" submitted under the
Provisions of Article XLVIII of the Amendments to the Constitution, (Re-
arrangement, Article 88), to the Voters of the Commonwealth at the State Elec-
tion held November 7, 1922.

County of Barnstable.

Cities and Towns.

Yes.

No.

Cities and Towns.

Yes.

No.

Barnstable

Bourne

Brewster

Chatham

Dennis

Eastham

Falmouth .....

Harwich

Mashpee

603
238

72
133
160

35
314
117

264
113
21
73
48
14
190
64
16

Orleans

Provincotown ....

Sandwich

Truro

Wellfleet

Yarmouth

Total

124
162
177
52
91
146

52
83
77
21
29
93

2,456

1,158

County of Berkshire.

Adams

637

980

New Marlborough

Alford .

North Ad.^ms

1,614

1,256

Becket .

Otis .

Cheshire

152

Peru .

Clarksburg .

PiTTSFIELD .

4,008

4,896

Dalton

405

236

Richmond .

Egremont

Sandisfiold .

. 9

Florida

Savoy .

Great Barrington

488

348

Sheffield

Hancock

Stockbridge

198

Hinsdale

Tyringham .

Lanesborough

Washington .

Lee

339

181

West Stockbridge

110

Lenox .

238

177

Williamstown

265

164

Monterey

Mount Washington

Windsor

New Ashford

Total ......

9,241

8,806

County of BristoL

Acushnet

157

106

North Attleborough .

908

699

Attleboro .

1,625

876

Norton

202

101

Berkley

Raynham

Dartmouth .

273

122

Rehobotli

109

Dighton

1.39

Seekonk

241

Easton

540

245

Somerset

208

Fairhaven .

092

261

Swansea

174

Fall River

6,184

9,893

Taunton

2,299

3,076

Freetown
Mansfield

77
566

28
243

Westport

142

New Bedford

6,766

6,459

Total

21,444

22,643

Returns of Votes, etc.

603

County of Dukes County.

Cities and Towns.

Yes.

No.

Cities and Towns.

Yes.

No.

Chilniark

Edgartown

Gay Head

Gosnold

Oak Bluffs

23
89
5
33
119

Tisbury

West Tisbury ....

Total

1(52
62

30
8

493

131

County of Essex.

Aniesburv

738

463

Methuen

1,309

1,030

.\ndover

1,097

435

Middleton .

110

Beverly

2,305

1,510

Nahant

254

102

Boxford

Newburv

192

Danvers

1,070

493

Newburypout

1,222

912

Essex .

129

North. Andover

635

623

Georgetown

191

Peabody

1,356

1,370

GLOUrESTEK

1,61.5

1,280

Rockport

3.53

150

Groveland

1.50

Rowley

153

Hamilton

230

115

Salem .

3,306

3,211

Haverhill

3,997

1,993

Salisbury

117

Ipswich

400

189

Saugus

1,1.58

550

L.\\VRENXE

5,268

7,127

Swampscott

1,343

372

Ly.nn' .

8,835

7,201

Topsfield

125

Lynnfield

144

Wenham

151

Manchester
Marblehead
Merrimac

329
928
214

109

469

West Newbury

119

Total

39,630

30,412

County of Franklin.

Ashfield

Bernardston

Buckland

Charlemont

Colrain

112

Conway

Deerfield

178

Erving

Gill

104

Greenfield

1,321

651

Hawley

Heath

Leverett

Leyden

Monroe

Montague

New Salem

Northfield

Orange

Rowe .

Shelburne

Shutesbury

Sunderland

Warwick

Wendell

Whately

Total

County of Hampden.

Agawam

278

156

Montgomery ....

Blandford .

Palmer

582

866

Brimfield

Russell

Chester

Southwick

Chicopee

1,311

1,903

Springfield

8..558

7,610

East Longmeadow

218

100

Tolland

Granville

Wales .

Hampden .

West Springfield

994

691

Holland

Westfield .

1,220

1,183

Holyoke
Longmeadow

3,692
365

5,270
101

Wilbraham .

159

Ludlow

259

272

Total

18,556

18,735

Monson

392

267

604

Returns of Votes, etc.

County of Hampshire.

Cities and Towns.

Yes.

No.

Cities and Towns.

Yes.

No.

Amherst

859

168

Northampton ....

1,842

1,976

Belchertown

128

Pelham

Chesterfield

Plainfield

Cummington

Prespott

Easthampton

696

602

South Hadlev

654

451

Enfield

Southampton

Goshen

Ware

440

526

Granbv

1.3

Westhampton

Greenwich .

Williamsburg

194

159

Hadley

124

Worthington

Hatfield
Huntington

122
94

72
105

Total

5,733

4,317

Middlefield .

County of Middlesex.

Acton

292

Maynard

412

312

Arlington

3,014

1,012

Medford

4,845

2,417

Ashby .

Melrose

3,3.35

880

Ashland

292

113

Natick

1,441

1,055

Aver

309

292

Newton

8,523

2,693

Bedford

178

North Reading

143

Belmont

1,891

536

Pepperell

240

129

Billerica

423

281

Reading

1,392

386

Boxborough

Sherborn

186

Biu-lington .

Shirley

176

CAMBRIDGE

9,676

6,986

SOMERVILLE

9,709

5,273

Carlisle

Stoneham .

1,007

596

Chelmsford .

559

216

Stow .

167

Concord

950

394

Sudbury

161

Dracut

321

182

Tewksbury .

180

Dunstable .

Townsend .

166

Everett

3,397

2,209

Tvngsborough

125

Framingham

1,741

1,136

Wakefield .

1,566

734

Groton

299

120

Waltham

3,260

1,974

Holliston

383

155

Watertown .

3,062

1,459

Hopkinton .

283

262

Wayland

266

162

Hudson

804

370

Westford

220

109

Lexington .

1,036

326

Weston

487

Lincoln

200

Wilmington .

249

123

Littleton

211

Winchester .

1,982

533

Lowell

8,363

6,874

WOBURN

1 1,834

1,428

Malden
Marlborough

4,135
1,520

3,106
1,252

Total

85,705

46,940

County of Nantucket.

Nantucket

242

Total .

242

County of Norfolk.

Avon

135

109

Needham

1,061

358

Bellingham

107

Norfolk

115

Braintree

1,186

641

Norwood

1,286

766

Brookline

6,874

2,0.30

Plainvillo

134

Canton

615

483

QUINOY

4,643

2,949

Cohasset

423

191

Randolph

419

388

Dedham

1,208

917

Sharon

481

194

Dover

150

Stoughton

599

466

Foxborough

383

143

Walpole

641

295

Franklin

550

358

Wellesley

1,153

329

Hoi brook

250

114

Westwood

219

Medfield

219

Weymouth

1,499

823

Med way

231

132

Wrentham

170

Millis .
Milton .

81
584

1,716

Total

26,589

12,774

Returns of Votes, etc.

605

County of Plymouth.

Cities and Towns.

Yes.

No.

Cities and Towns.

Yes.

No.

Abington

561

290

Mattapoisett ....

129

Bridgewater

507

195

Middleborough .

745

236

BnocKTON .

5,856

3,849

Norv.ell

161

Carver .

Pembroke

108

Duxbiirv

189

Plymouth .

824

482

East Bridgewater

276

155

Plympton .

Halifax

Rochester .

Hanover

228

Rockland .

591

539

Hanson

175

Scituate

308

147

Hingham

734

340

Wareham

372

196

Hull

210

250

West Bridgewater

229

Kingston

182

Whitman

774

517

Lakeville
Marion

53
110

28
43

Total

13,759

7,906

Marshfield .

249

County of Suffolk.

Boston

60,315
2,082
1,982

54,908
2,165
2,333

Winthrop

Total

2,395

886

Reverb

66,774

60,292

County of Worcester.

Ashburnham ....

138

North Brookfield

327

170

Athol .

760

384

Northborough

308

Auburn

295

325

Northbridge

796

758

Barre .

306

108

Oakham

Berlin .

188

Oxford .

287

251

Blackstone .

162

443

Paxton

Bolton .

117

Petersham

Boylston

102

Phillipston

Brookfield .

167

Princeton

Charlton

158

104

Royalston

Clinton

1,119

1,402

Rutland

108

Dana

Shrewsbury

474

185

Douglas

249

108

Southborough

253

Dudley

178

293

Southbridge

954

1,464

East Brookfield

Spencer

516

583

FiTCHBURQ .

3,274

3,232

Sterling

193

Gardner

1,318

762

Sturbridge

103

Grafton

552

373

Sutton .

162

Hardwick

177

154

Templeton

271

120

Harvard

189

Upton .

260

Holden

316

132

Uxbridge

475

481

Hopedale

444

129

Warren

242

202

Hubbardston

Webster

747

1,118

Lancaster

221

113

West Boylston

206

I^icester

347

399

West Brookfield

127

Leominster

1,682

1,370

Westborough

678

246

Lunenburg .

182

Westminster

139

Mendon

143

Winchendon

416

308

Mil ford

941

1,051

Worcester .

16,082

17,396

Millbury

422

404

Millville

137

159

Total

39,093

36,040

New Braintree

Aggregate of Votes.

Counties.

Yes.

No.

Counties.

Yes.

No.

Bar.nstable
Berkshire .
Bristol
Dukes County
Essex .
Fr.\nklin
Hampden
Hampshire .

2,456

9,241

21,444

493

39,630

3,834
18,556

5,733

1,158

8,806

22,643

131

30,412

1,885
18,735

4,317

Middlesex

Nantucket ....

Norfolk

Plymouth

Suffolk

Worcester

Total

85,705
242
26,589
13,7.59
66,774
39,093

46,940
72
12,774
7,906
60,292
36,040

333,549

252,111

606

Returns of Votes, etc.

Returns of Votes upon the Question "Shall a Law {Chapter 368 of the Acts of
1921) which provides that Any Voluntary Association composed of Five or
More Persons, and not subject to the First Eleven Sections of Chapter 182 of
the General Laws, may sue or he sued in its Common Name, that in Any Suit
against Such Association, Service may he made upo7i Certain Designated
Officers thereof, and that the Separate Property of Any Member thereof shall
he exempt from Attachment or Execution in Any Such Suit, which Law was
passed in the House of Representatives by a Vote of 124 in the Affirmative to
84 in the Negative, and in the Seriate by a Majority not recorded, and was
approved by His Excellency the Governor, he approved?", submitted under
the Provisions of Article XLVIII of the Amendments to the Constitution,
[Rearrangement, Article 88), to the Voters of the Commonwealth at the State
Election held November 7, 1922.

County of Barnstable.

Cities and Towns.

Yes.

No.

Cities and Towns.

Yes.

No.

B.arnstable

Bourne

Brewster

Chatham

Dennis

Eastham

Falmouth

Harwich

Mashpee

559
227

71
125
155

34
323
112

274
120
24
74
48
13
175
72
14

Orleans

Provincetown ....

Sandwich

Truro . . . . .

Well fleet

Yarmouth

Total

127
166
153
49
78
135

55
71
112
22
33
99

2,347

1,206

County of Berkshire.

Adams

584

1,090

New Marlborough

Alford .

North Adams

1,382

1,579

Becket .

Otis

Cheshire

147

Peru

Clarksburg .

PiTTSFIELD .

3,713

5,116

Dalton

370

267

Richmond .

Egremont

Sandisfield .

Florida

Savov .

Great Barrington

457

401

Sheffield

Hancock

Stockbridge

185

Hinsdale

Tyringham .

Lanesborough

Washington .

Lee

.321

203

West Stockbridge

100

Lenox .

231

201

Williamstown

228

191

Monterey

Mount Washington

Windsor

New Ashford

Total

8,407

9,731

County of BristoL

Acushnct ...

140

120

North Attleborougb .

871

796

Attleboro .

1,507

1,043

Norton

201

110

Berkley

Ravnham

Dartmouth .

281

123

Rehoboth

103

Dighton

158

Seekonk

232

East on

477

324

Somerset

203

108

Fairhavon

655

318

Swansea

158

Fall Riveu

5,526

10,979

Taunton

2,106

3,486

Freetown

Wcstport

138

Mansfield

551

289

New Bedford

5,911

7,686

Total

19,449

25,871

Returns of Votes, etc.

607

County of Dukes County.

Cities and Towns.

Yes.

No.

Cities and Towns.

Ye,s.

No.

Chihnark

Edgartowii

Gay Head

Gosnold

Oak Bluffs

22
95
7
33
105

Ti.sbury .....
West Tisbiiry ....

Total

109
53

33
15

484

159

County of Essex.

Amesbury

699

560

Methuen

1,021

1,402

Andover

1,004

574

Jliddleton .

Beverly

2,193

1,739

Nahant

231

133

Boxford

Newbury

183

Danvers

1,032

605

Newburyport

1,124

1,097

Essex .

125

North Andover

550

777

Georgetown

172

Pbabody

1,178

1,664

Glouce.ster

1,440

1,467

Rockport

331

198

Groveland .

153

104

Rowley

139

Hamilton

216

133

Salem .

3,004

3,978

H.WERHILL .

3,700

2,707

Salisbury

109

Ipswich

386

211

Saugus

1,082

645

Lawrence .

3,799

9,044

Swampscott

1,312

459

Lynn .

7,690

9,380

Topsfield

115

Lynnfield

144

Wen ham

149

Manchester .

307

136

West Newbury

135

Marblehead .
Merrimac

885
211

531
83

Total

34,986

38,293

County of Franklin.

Ashfield

Monroe

Bernardston

Montague

351

604

Buckland

100

New Salem

Charlemont

Northfield

174

C'olrain

111

Orange

527

222

Conwav

Rowe .

Ueerfield

176

Shelburne

211

Erving

Shutesbury

Gill

Sunderland

1 1

Greenfield .

1,236

886

Warwick

Hawley

Wendell

Heath

Whately

Leverett
Leyden

45
24

8
13

Total

3,682

2,234

County of Hampden.

Agawam

229

222

Montgomery ....

Blandford .

Palmer

549

935

Brimfield

Russell

Chester

Southwick .

Chicopee

1,197

2,108

Springfield

8,076

8,354

lOa-st Longmeadow

211

103

Tolland

Granville

Wales .

Hampden

West Springfield

848

859

Holland

Westpield .

1,115

1,317

HOLYOKE

3,136

6,045

Wilbraham .

155

Longmeadow

377

112

Ludlow

264

287

Total

16,968

20,994

Monson

383

292

608

Returns of Votes, etc.

County of Hampshire.

Cities and Towns.

Yes.

No.

Cities and Towns.

Yes.

No.

Amherst

828

216

Northampton ....

1,818

2,147

Belchertown

127

Pelham

Chesterfield

Plainfield .

Cummington

Prescott

Easthampton

646

661

South Hadley

587

524

Enfield

Southampton

Goshen

Ware

406

604

Granby

Westhampton

Greenwich .

Williamsburg

199

171

Hadlev

119

.35

Worthington

Hatfield
Huntington

127

57
108

Total

5,515

4,755

Middlefiekl

County of Middlesex.

Acton .

273

139

Arlington

2,820

1,308

Ashby .

Ashland

255

147

Ayer .

949

408

Bedford

187

104

Belmont

1,823

647

Billerica

352

382

Boxborough

Burlington .

C.4.MBRIDQE

8,517

8,503

Carlisle

Chelmsford .

503

299

Concord

906

441

Dracut

299

216

Dunstable .

Everett

2,832

2,937

Framingham

1,555

1,361

Groton

280

136

Holliston

353

211

Hopkinton .

253

300

Hudson

740

478

Lexington .

988

451

Lincoln

198

Littleton

195

Lowell

7,083

8,449

Malden

4,071

3,273

Marlborough

1,156

1,652

Maynard

Medford

Melrose

Natick

Newton

North Reading

Pepperell

Reading

Sherborn

Shirley

SOMERVILLE

Stoneham

Stow .

Sudbury

Tewksbury

Townsend

Tvngsborough

Wakefield

Waltham

Watertown

Wayland

West ford

Weston

Wilmington

Winchester

WOBURN

Total

Avon

142

Bellingham .

Braintree

1,038

820

Brookline

6,862

2,215

Canton

542

559

Cohas.set

422

202

Dedham

1,138

1,072

Dover
Foxborough

148
376

56
165

Franklin
Holbrook
Medfield

491
219
218

414
163
99

Medway

229

151

Millis .

113

102

Milton .

1,648

663

Needham
Norfolk
Norwood
Plainville

QUINCY

Randolph

Sharon

.Stoughton

Walpole

Wellesley

Westwood

Weymouth

Wrentham

Total

311

4,315

3,189

1,339

8,283

145

246

1,356

184

170

8,596

969

159

164

181

161

120

1,455

2,982

2,788

250

221

505

222

1,965

1,616

78,062

County of Nantucket.

Nantucket

224

Total .

224

County of Norfolk.

Returns of Votes, etc.

609

County of Plymouth.

Cities and Towns.

Yes.

No.

Cities and Towns.

Yes.

No.

Abingtoii

490

372

Mattiipoisett ....

127

Bridgewatcr

405

211

Middleborougli .

706

314

Brockton .

4,815

5,439

Noruell

164

Carver .

Pembroke .

110

Duxburv

188

Plymouth .

743

574

East Bridgcwater

249

199

Plympton .

Halifax

Rochester

Hanover

211

108

Rockland

496

692

Hanson

162

Scituate

.309

156

Hingham

697

374

Wareham

360

220

Hull .

176

275

West Bridgewater

204

132

Kingston

179

Whitman

628

698

Lakeville
Marion

110

Total

12,020

10,346

Marshfield .

243

County of Suffolk.

Boston

Chelsea

Revere

50,660
1,827
1,576

67,474
2,681
2,792

Winthrop
Total

2,337

56,400

1,060

74,007

County of Worcester.

Ashburnham ....

138

North Brookfield

335

186

Athol .

708

436

Northborough

287

123

Auburn

297

341

Northbridge

715

873

Barre .

279

122

Oakham

Berlin .

198

Oxford .

273

275

Blackstone

148

479

Paxton

Bolton .

123

Petersham

Boylston

103

Phillipston

Brookfield

169

Princeton

Charlton

167

102

Royalston

Clinton

993

1,564

Rutland

109

Dana .

Shrew.sbury

470

194

Douglas

227

1.30

Southborough

238

112

Dudley

169

295

Southbridge

888

1,541

East Brookfield

Spencer

521

608

Fitchburg

2,879

3,794

Sterling

193

Gardner

1,208

879

Sturbridge

104

Grafton

517

409

Sutton .

158

Hardwick

160

180

Templeton

264

143

Harvard

188

Upton .

242

Holden

313

140

Uxbridge

451

530

Hopedale

408

168

Warren

234

210

Hubbardstoi

Webster

671

1,207

Lancaster

217

110

West Boylston

221

Leicester

366

390

West Brookfield

122

Leominster

Lunenburg

Mendon

1,589
176
124

1,465
43
33

Westborough
Westminster
Winchendon

663
146
410

280
33

299

Milford

782

1,309

Worcester .

14,913

19,424

Millbury
Millville

412

463
189

110

Total

36,438

40,231

New Braintree

Aggregate of Votes.

Counties.

Yes.

No.

Counties.

Yes.

No.

Barnstable
Berkshire .
Bristol
Dukes County

E.SSEX .

Franklin .

2,347

8,407

19,449

484

34,986

3,682
16,968

5,515

1,206

9,731

25,871

159

38,293

2,234
20,994

4,755

Middlesex

Nantucket ....

Norfolk

Plymouth

Suffolk

Worcester

Total

78,062
224
25,278
12,020
56,400
36,438

58,151
81

15,146
10,346
74,007
40,231

Hampshire .

300,260

301,205

610

Returns of Votes, etc.

Returns of Votes upon the Question "Shall a Laiv (Chapter 438 of the Acts of
1921) ivhich provides that it shall be urdaxoful for Any Person to exhibit or
display publicly in this Commonwealth Any Motion Picture Film unless
such Film has been subinitted to and approved by the Commissioner of Public
Safety, loho may, subject to the Appeal given by the Act, disapprove Any
Film or Part thereof which is Obscene, Indecent, Immoral, Inhuman or tends
to debase or corrupt Morals or incite to Crime, and may, subject to the Ap-
proval of the Governor and Council, make Rules and Regidations for the En-
forcement of the Act, which Laiv ivos passed in the House of Representatives
by a Majority not recorded, and in the Senate by 21 Votes in the Affirmative
to 16 Votes in the Negative, and was approved by His Excellency the Gov-
ernor, be approved?", submitted imdcr the Provisions of Article XLVIII of
the Amendments to the Constitution, {Rearrangement, Article 88), to the Voters
of the Commonwealth at the State Election held November 7, 1922.

County of Barnstable.

Cities and Towns.

Yes.

No.

Cities and Towns.

Yes.

No.

Barnstable

Bourne

Brewster

Chatham .....

Dennis

Eastham

317

172
63
80

128
27

196
70
19

772
316

62
201
163

46
550
182

Orleans

Provincetown ....

Sandwich

Truro

Wellfleet

Yarmouth

Total

87
96
115
38
58
84

166
231
257
42
102
234

Falmouth

Harwich

Mashpee

1,550

3,356

County of Berkshire.

Adams .....

505

1,674

New Marlborough

Alford .

North Ad.\ms .

1,188

2,766

Becket .

Otis

Cheshire

153

125

Peru

PiTTSFIELD .

3,217

7,053

Dalton

365

507

Richmond .

Egremont

Sandisfield .

Florida

Savoy .

Great Barrington

310

928

Sheffield

104

Hancock

Stockbridge

168

188

Hinsdale

Tyringham .

108

Washington .

231

452

West Stockbridge

122

206

331

Williamstown

242

330

Monterey

Windsor

Mount Washington

New Ashford

Total

7,380

15,272

County of Bristol.

236

North Attleborough .

549

1,919

Attleboro .

1,216

2,475

Norton

143

264

Berkley

Raynham

186

274

348

Rehoboth

243

Seekonk

204

116

307

730

Somerset

185

267

Fairhaven

279

1,008

Swansea

150

169

Fall River

4,618

15,368

T.\UNTON

1,245

6,049

Freetown

Westport

103

199

426

New Bedford

2,924

15,131

Total

13,061

45,624

Returns of Votes, etc.

611

County of Dukes County.

Cities and Towns.

Yes.

No.

Cities and Towns.

Yes.

No.

Chilmark

Edgartown

Gay Head

Gosnold

Oak Bluffs

, 28
133

22
35

128

Tisbury

West Tisbury ....

Total

155
50

117
46

369

509

County of Essex.

Amesbury

485

1,436

Methuen

882

2,293

Andover

738

1,276

Middleton

126

Beverly

1,206

4,043

Nahant

157

334

Boxford

Newbury

132

192

Dan^•ers

1,035

1,228

Newbi-ryport

781

2,135

Essex .

179

North Andover

429

1,283

Georgetown

186

163

Peabody

822

2,890

Gloucester

983

3,121

Rockport

267

404

Groveland

154

257

Rowley

121

159

Hamilton

125

316

Salem .

2,290

6,480

Haverhill

3,207

5,639

Sahsbury

105

175

Ipswich

291

628

Saugus

782

1,532

Lawrence

3,626

12,664

Swampscott

658

1,594

Lynn .

5,873

15,763

Topsfield .

144

Lynnfield

105

201

Wenham

113

160

Manchester

142

451

West Newbury

122

123

Marblehead

610

1,426

Merrimac

185

282

Total

26,934

69,168

County of Franklin.

Ashfield

Monroe

Bernardston

Montague

246

1,151

Buckland

176

New Salem

Charlemont

Northfield

119

149

Colrain

109

Orange

391

679

Conwav

Rowe .

Deerfield

105

246

Shelburne

155

198

Erving

117

Shutesburv

Gill

Sunderland

Greenfield

740

2,006

Warwick

Hawley

Wendell

Heath

Whately

Leverett

Leyden

Total

2,596

5,479

County of Hampden.

Agawam

Blandford .

Brimfield

Chester

Chicopee

East Longmeadow

Granville

Hampden

Holland

HOLYOKE

Loncmeadow

Ludlow

Monson

200

371

128

726

3,302

181

170

2,144

9,518

189

392

ISO

478

273

628

Montgomery

Palmer

Russell

Southwick .

Springfield

Tolland

Wales .

West Springfield

Westfield .

Wilbraham .

Total .

340

4,769

601

661

113

10,775

1,472

130

14,793

1,543

2,489

138

35,917

612

Returns of Votes, etc.

County of Hampshire.

Cities and Towns.

Yes.

No.

Cities and Towns.

Yes.

No.

Amherst

525

747

Northampton ....

933

3,814

Belchertown

107

179

Pelham

Chesterfield

Plainfield .

Cummington

Pre.scott

Easthampton

402

1,249

South Hadley

430

971

Enfield

Southampton

Goshen

Ware

234

1,183

Granbv

Westhampton

Greenwich .

5.3

WiHiamsburg

177

281

Hadlev

113

Worthington

Hatfield

89
74

146
199

Huntington

Total

3,542

9,391

Middlefield .

County of Middlesex.

Acton .

Arlington

Ashby .

Ashland

Ayer

Bedford

Belmont

Billerica

Boxborough

Burlington

Cambkidgb

Carlisle

Chelmsford

Concord

Dracut

Dunstable

Everett

Framitigham

Groton

Holliston

Hopkinton

Hudson

Lexington

Lincoln

Littleton

Lowell

Malden

Marlborough

182

1,690

182

146

1,147

259

5,707

480

662

286

2,147

1,004

191

256

186

595

631

104

145

6,558

2,596

749

351

3,46t

333

583

239

1,898

715

100

15,506

713

1,035

430

5,444

2,929

3.33

558

535

1,217

1,132

199

132

13,808

7,059

3,224

Maynard

Medfohd

Melrose

Natick

Newton

North Reading

Pepperell

Reading

Sherborn

Shirley

Somerville

Stoneham

Stow .

Sudbiu-y

Tewksbury .

Townsend .

Tyngsborough

Wakefield .

Waltham

Watertown .

Wayland

Westford

Weston

Wilmington .

Winchester .

Wo BURN

Total

310

2,534

1,6.30

1,449

4,919

107

208

860

147

101

5,605

654

125

127

136

898

2,049

2,086

193

139

263

158

1,156

1,116

834

6,872

3,601

2,159

8,955

150

297

1,455

179

224

13,375

1,531

119

126

221

147

134

2,388

5,116

3,712

347

330

418

340

2,002

3,032

53,513 120,164

County of Nantucket.

Nantucket

190

233

Total .

190

233

County of Norfolk.

Avon

306

Bellingham .
Braintree

93
613

144
1,855

Brookline

3,111

7,719

Canton

282

1,109

Cohasset

313

510

Dedham

686

2,167

Dover

176

Foxborough

226

488

Franklin

339

791

Holbrook

158

437

Medfield

165

279

Med way

194

339

Millis .

244

Milton .

952

1,870

Needham
Norfolk
Norwood
Plainville

QUINCY

Randolph

Sharon

Stoughton

Walpole

Wellesley

Westwood

Weymouth

Wrentham

Total

542

1,099

2,546

243

318

344

394

5.34

172

848

129

1,517

109
1,655

201
7,530

856

538
1,272

785
1,336

243
2,487

160

14,721 37,123

Returns of Votj:s, etc.

613

County of Plymouth.

Cities and Towns.

Yes.

No.

Cities and Towns.

Yes.

No.

Abington

374

914

Mattapoisett ....

152

Bridgewater

252

609

Middleborough .

.549

954

Brockton .

3.054

11,070

Norvvell

102

190

Carver .

Pembroke .

119

Duxburv

116

220

Plymouth .

435

1,619

East Bridgev.ntor

158

532

Plympton .

Halifax

Rochester

Hanover

122

333

Rockland

348

1,711

Hanson

200

Scituate

179

423

Hingham

367

1,005

VVareham

270

481

Hull .

109

458

West Bridgewater

127

303

Kingston
I-akeville

118
35

255

Whitman

546

1.502

Marion

147

! Total

7,851

23,755

Marshfield

130

251

County of Suffolk.

Boston

Chelsea

Revere

38,240
1,340
1,092

104,824
4,228
4,575

116,610

County of Worcester.

Ashburnham ....

108

186

North Brookfield

239

457

Athol .

553

1,223

Northborough

194

306

Auburn

176

591

Northbridge

488

1,405

Barre

170

324

Oakham

Berlin .

127

141

Oxford .

201

489

Blacks tone

162

570

Paxton

Bolton .

Petersham

Boylston

143

Philhpston

Brookfield

142

144

Princeton

Charlton

117

199

Royalston

Clinton

692

2,647

Rutland

151

Dana

Shrewsbury

256

565

Douglas

183

234

Southborough

190

300

Dudley

108

466

South bridge

558

2,448

East Brookfield

128

Spencer

342

1,129

FiTCHBURG

1.665

6,368

Sterling

166

170

Gardner

829

2,112

Sturbridge

163

Grafton

384

834

Sutton .

131

164

Hardw-ick

108

334

Templeton

197

364

Harvard

120

175

Upton .

206

233

Holden

215

347

Uxbridge

364

795

Hopedale

233

543

Warren

183

432

Hubbardstor

Webster

420

1,802

Lancaster

137

290

West Boylston

160

177

Leicester

190

711

West Brookfield

173

Leominster

1,200

2,.550

Westborough

367

866

Lunenburg

132

156

Westminster

128

Mendon

120

Winchendon

284

676

Milford

571
285

2,.340
826

Worcester .

9,054

31,587

Millbury

MiUville

261

Total

23,747

70,572

New Braintree

Aggregate of Votes.

Counties.

Y^es.

No.

Counties.

Yes.

No.

Barnstable
berk.shire .
Bristol

DuKES COUNTV .

Essex ....
Franklin .

1,550

7,380

13,061

369

26,9.34

2,596
10,775

3,542

3,356
15,272
45,624
509
69,168

5,479
35,917

9,391

Middlesex

Nantucket ....

Norfolk

Plymouth

Suffolk

Worcester

Total

53,513
190
14,721
7,851
42,023
23,747

120,164

233

37,123

23,755

116,610
70,572

Hampden
Hampshire .

208,252

553,173

614

Returns of Votes, etc.

Returns of Votes upon the Question "Shall a Law (Chapter J^27 of the Acts of
1922) enacted to enforce rn Massachusetts the Eighteenth Amendment to the
Constitution of the United States, ivhich provides that except as authorized
by the Act, the Manufacture, Sale, Barter, Transportation, Importation,
Exportation, Delivery, Furnishing or Possessing of Any Intoxicating Liquor,
as defined in the Act, shall be a Criminal Offence and be punished in the Manner
prescribed by the Act, ivhich Law was passed in the House of Representatives
by a Majority of 134- in the Affirmative to 68 in the Negative, and in the Senate
by a Majority of 28 in the Affirmative to 9 in the Negative, and was approved
by His Excellency the Governor, be approved f", submitted under the Provisions
of Article XLVIII of the Amendments to the Constitution, (Rearrangement,
Article 88), to the Votei^s of the Commonwealth at the State Election held No-
vember 7, 1922.

County of Barnstable.

Cities and Towns.

Barnstable

Bourne

Brewster

Chatham

Dennis

Eastham

Falmouth

Harwich

Mashpee

Yes.

590
274

77
153
189

38
357
138

No.

533
258

71
131
122

40
394
134

Cities and Towns.

Orleans

Provincetown

Sandwich

Truro .

Wellfleet

Yarmouth

Total .

Yes.

139

177
190
50
112
156

No.

117
170
191
37
70
166

2,685 2,455

County of Berkshire.

Adams

763

1,489

New Marlborough

Alford .

North Ad.\ms

1,887

2,051

Becket .

Otis

Cheshire

177

Peru .

Clarksburg .

PiTTSFIELD .

4,471

6,262

Dalton

591

411

Richmond .

Egremont

Sandisfield .

Florida

Savoy .

Great Barrington

637

586

Sheffield

115

Hancock

Stockbridge

210

158

Hinsdale

TjTingham .

Lanesborough

Washington .

Lee . .

377

360

West Stockbridge

137

101

Lenox .

262

331

Williamstown

356

276

Monterey

Windsor

Mount Washington

New Ashford

Total

10,860

12,812

County of Bristol.

Acushnet

174

168

North Attleborough .

954

1,338

Attleboro .

1,825

1,932

Norton

229

191

Berkley

Ravnham

122

112

Dartmouth .

331

238

Rehoboth

125

Dighton

199

150

Seckonk

236

Easton

558

544

Somerset

285

156

Fairhaven .

718

573

Swansea

209

113

Fall Riveb

6,360

12,402

Taunton

2,598

4,449

Freetown
Mansfield

78
618

52
530

Westport

214

137

New Bedford

6,400

11,672

Total

22,323

34,938

Returns of Votes, etc.

615

County of Dukes County.

Cities and Towns.

Yes.

No.

Cities and Towns.

Yes.

No.

Chilmark

Edgartown

Gay Head

Gosnold

Oak Bluffs

45
96
10
19
118

12
105
20
21
88

Tisbury

West Tisbury ....

Total

189
79

94
27

556

367

County of Essex.

Amesbury

916

937

Methuen

1,355

1,754

Andover

1,070

912

Middleton .

135

Beverly

2,280

2,888

Nahant

250

263

Boxford

Newbury

195

170

Danvers
Essex .

1,226
169

949
131

Newburyport
North Andover

1,390
693

1,619
1,036

Georgetown

243

134

Peabody'

1,266

2,233

Gloucester

2,408

1,948

Rockport

427

292

Groveland .

217

196

Rowley

178

103

Hamilton

192

243

Salem .

3,074

5,140

Haverhill

4,435

4,294

Salisbury

145

146

Ipswich

446

397

Saugus

1,337

963

Lawrence

4,402

11,014

Swampscott

1,393

827

Lynn

9,806

11,114

Topsfield .

129

112

Lvnnfield

185

138

Wenham

146

110

Manchester

267

341

West Newbury

192

Marblehead

1,090

889

Merrimac

301

175

Total

42,041

51,697

County of Franklin.

Ashfield

Bernardston

Buckland

153

125

Charlemont

101

Colrain

153

Conway

Deerfield
Erving

198
75

154
81

GiU

126

Greenfield .

1,442

1,277

Hawley

Heath

Leverett

Leyden

Monroe

Montague

New Salem

Northfield

Orange

Rowe .

Shelburne

Shutesbury

Sunderland

Warwick

Wendell

Whately

Total

16
448

61
229
645

27
290

17
118

4,600

77
479
21
89
16
23
21
25
23

3,609

County of Hampden.

Agawam

Blandford

Brimfield

Chester

Chicopee

East Longmeadow

Granville

Hampden

Holland

Holy'oke

Longmeadow

Ludlow

Monson

283

321

116

1,216

2,738

235

141

3,848

7,660

333

256

230

459

448

455

Montgomery

Palmer

Russell

Southwick .

Springfield

Tolland

Wales .

West Springfield

We.stfield .

Wilbraham .

Total

GIG

Returns of Votes, etc.

County of Hampshire.

Cities and Towns.

Amherst

Belchertown

Chesterfield

Cummington

Easthamptoii

Enfield

Goshen

Granby

Greenwich

Hadley

Hatfield

Huntington

Middlefield

Yes.

935
168
86
64
701
66
20
89
37
138
122
137
27

No.

412

134

981

134

151

Cities and Towns.

NORTHAMPTOM

Pelhani

Plainfield .

Prescott

South Hadley

Southampton

Ware

Westhampton

Williamsburg

Worthington

Total .

Yes.

2,093
48
42
27
682
108
501
83
254
41

6,469

County of Middlesex.

Acton

312

243

Maynard

552

561

Arlington

2,835

2,318

Medford

4,119

4,818

Ash by .

Melrose

3,290

1,913

Ashland

333

209

Natick

1,549

1,913

Ayer

301

466

Newton

7,795

5,818

Bedford

209

184

North Reading

178

Belmont

1,743

1,294

Pepperell

292

227

Billerica

506

489

Reading

1,481

861

Boxborough

Sherborn

184

140

Burlington .

Shirley

154

183

Cambridge

8,418

12,754

Somerville

8,817

9,935

Carlisle

Stoneham

1,095

1,033

Chelmsford .

737

419

Stow

159

Concord

936

807

Sudbury

166

Dracut

363

304

Tewksbury .

209

153

Dunstable .

Townsend

177

117

Everett

3,228

4,100

Tyngsborough

128

Framingham

1,762

2,060

Wakefield .

1,583

1,601

Groton

273

260

Waltham

3,379

3,509

Holliston

453

400

Watertown

2,782

2,911

Hopkinton .

292

418

Wayland

281

277

Hudson

822

832

Westford

235

213

Lexington

980

802

Weston

422

270

Lincoln

159

150

Wilmington

258

244

Littleton

223

Winchester

1,868

1,311

Lowell

8,210

10,922

WOBURN

1,731

2,231

Malden

4,851

4,706

Marlborough

1,480

^ 2,287

Total

82,646

87,282

County of Nantucket.

Nantucket

256

209

Total .

256

209

County of Norfolk.

Avon

Bellingham

Braintree

Brookline

Canton

Cohasset

Dedham

Dover

Foxborough

Franklin

Holbrook

Medfield

Medway

Millis .

Milton .

149
111

1,142

5,013
552
413

1,082
119
420
503
311
226
296
154

1,440

233
122

1,280

5,624
822
412

1,730
140
301
668
285
228
254
164

1,384

Needham
Norfolk
Norwood
Plainville

QUINCY

Randolph

Sharon

Stoughton

Walpole

Wellesley

Westwood

Weymouth

Wrenthani

Total

1,180
121

1,291
149

4,811
408
526
618
598

1,066
237

1,678
171

24,785

Returns of Votes, etc.

617

County of Plymouth.

Cities and Towns.

Yes.

No.

Cities and Towns.

Yes.

No.

Abington

591

619

Mattapoisett ....

183

Bridgewater

464

425

Middleborough

916

592

Brockton

6,006

8,110

Norwell

167

134

Carver .

Pembroke .

110

102

Duxbury

190

170

Plymouth

850

1,137

Ea.st BridgewatiT

308

352

Plympton

Halifax

Rochester

Hanover

250

219

Rockland

714

1,117

Hanson

164

155

Scituate

309

302

Hingham

605

768

Wareham

409

395

HuU .

169

431

West Bridgewater

259

189

Kingston

210

176

Whitman

969

1,062

Lakeville
Marion

69
119

56
88

Total

14,564

16,943

Marshficld

282

124

County of Suffolk.

Boston

Chelsea

Revere

48,586

92,282

1,852

3,522

1,647

3,815

Winthrop
Total

2,194

54,279

2,035

101,654

County of Worcester.

Ashburnham ....

165

157

North Brookfield

329

/
323

Athol .

986

872

Northborough

291

201

Auburn

369

407

Northbridge

741

1,171

Barre .

356

209

Oakham

Berlin .

218

Oxford .

310

387

Blackstone .

198

564

Paxton

Bolton .

135

Petersham

106

Boylston

119

Phillipston

Brookfield .

176

120

Princeton

109

Charlton

174

148

Royalston

Clinton

1,184

2,134

Rutland

142

106

Dana .

Shrewsbury

501

338

Douglas

243

202

Southborough

270

217

Dudley

174

370

Southbridge

928

2,056

East Brookfield

101

Spencer

560

839

FiTCHBURG .

2,754

5,117

Sterling

212

142

Gardner

1,471

1,496

Sturbridge

117

119

Grafton

608

625

Sutton .

180

134

Hardwick

204

254

Templeton

374

231

Harvard

197

107

Upton .

265

178

Holden

392

203

Uxbridge

511

672

Hopedale

434

299

Warren

276

327

Hubbardston

Webster

635

1,671

Lancaster

199

236

West Boylston

271

Leicester

348

565

West Brookfield

161

105

Leominster

1,667

2,100

Westborough

757

516

Lunenburg .

207

Westminster

163

Mendon

147

Winchendon

482

560

Milford

935

1,763

Worce.ster .

15,945

23,566

Millbury
Millville

480

608

132

251

Total

39,879

53,636

New Braintree ....

Aggregate of Votes.

Counties.

Yes.

No.

Counties.

Yes.

No.

Barn.stable
Berkshire .
Bristol
Dukes County
Essex .
Franklin .

2,885
10,860
22,323
556
42,041

4,600
18,021

6,469

2,455
12,812
34,938
367
51,697

3,609
28,780

6.771

MiDDLESE.X

Nantucket ....

Norfolk

Plymouth

Suffolk

Worcester

Total

82,646
256
24,785
14,564
54,279
39,879

87,282
209
26,687
16,943
101,654
53,636

Hampshire .

323,964

427.840

618

Returns of Votes, etc.

Returns of Votes upon the Question "Shall a Law (Chapter 439 of the Acts of
1922) which provides that a District Attorney shall be a Member of the Bar
of the Commonwealth, passed in the House of Representatives by a Majority
not recorded, and in the Senate by a Majority not recorded, and approved by
His Excellency the Governor, be approved?", submitted under the Provisions
of Article XLVIII of the Amendments to the Constitution, {Rearrangement,'
Article 88), to the Voters of the Commonwealth at the State Election held No-
vember 7, 1922.

County of Barnstable.

Cities and Towns.

Yes.

No.

Cities and Towns.

Yes.

No.

Barnstable

654

248

Orleans

150

Bourne

306

102

Pro\dncetown ....

204

Brewster

Sandwich

206

106

Chatham

155

Truro

Dennis

183

Wellfleet

111

Eastham

Yarmouth

172

Falmouth

399

185

Harwich

157

Total

2,917

1,107

Mashpee

County of Berkshire.

Adams

Alford .

Becket .

Cheshire

Clarksburg .

Dalton

Egremont

Florida

Great Barrington

Hancock

Hinsdale

Lanesborough

Lee

Lenox .

Monterey

Mount VVashington

New Ashford

831

984

205

113

506

264

586

384

411

206

269

189

New Marlborough
North Adams
Otis
Peru

PirrsFiELD .
Richmond .
Sandisfield .
Savov .
Sheffield
Stockbridge
Tyringham .
Washington .
West Stockbridge
Williamstown
Windsor

Total .

2,026

4,893

125

217

136

335

11,338

County of Bristol.

Acushnet

Attleboro .

Berkley

Dartmouth .

Dighton

Easton

Fairhaven

Fall River

Freetown

Mansfield

New Bedford

188

112

1,848

1,263

350

115 1

189

570

292

845

289

7,163

10,295 1

679

261

8,323

7,082

North Attleborough

Norton

Raynham

Rehoboth

Seekonk

Somerset

Swansea

Taunton

Westport

Total

County of Dukes County.

Chilmark
Edgartown
Gay Head
Gosnold
Oak Bluffs

110

141

Tisburv
West Tisbury

Total .

Returns of Votes, etc.

619

County of Essex.

Cities and Towns. Yes.

No.

Cities and Towns.

Yes.

No.

Amesburv

886

572

Methuen

1,504

1,095

Andover

1,272

472

Middleton .

127

Beveuly

2,864

1,639

Nahant

325

123

Boxford

Newbury

236

Danvers

1,365

537

NeWBURY'PCRT

1,531

980

Essex .

166

North Andover

829

610

Georgetown

220

Peabody

1,610

1,586

Gloucester

2,125

1,338

Rockport

378

102

Groveland .

202

100

Rowley

192

Hamilton

272

116

Salem .

4,128

3,378

Haverhill

4,594

2,356

Salisbury

155

Ipswich

495

207

Saugus

1,461

551

Lawrenxe

5,681

8,093

Swampscott

1,705

324

Lynn

10,829

7,987

Topsfield .

141

Lvnnfield

199

Wenham

183

Manchester

415

101

West Newbury

171

Marblehead
Merrimac

1,164
254

507
86

Total

47,762

33,502

County of Franklin.

Ashfield

Bernardston

Buckland

125

Charlemont

103

Colrain

134

Conway

Deerfield

219

108

Erving

Gill .

117

Greenfield .

1,687

672

Hawley

Heath

Leverett

Leyden

Monroe

Montague

New Salem

Northfield

Orange

Rowe .

Shelburne

Shutesbury

Sunderland

Warwick

Wendell

Whately

Total

17
485

43
200
636

32
263

21
103

625

213

2,011

County of Hampden.

Agawam

359

142

Montgomery ....

Blandford .

Palmer

746

829

Brimfield

Russell

106

Chester

Southwick .

Chicopee

1,783

Springfield

11,677

6,516

East Longmeadow

247

Tolland

Granville

Wales .

Hampden

West Springfield

1,240

667

Holland

Westfield .

1,541

1,226

Holyoke

4,602

5,096

Wilbraham .

186

Longmeadow
Ludlow

466
367

76
229

Total

24,345

17,192

Monson

496

242

County of Hampshire.

Amherst

969

179

Northampton ....

2,480

1,739

Belchertown

159

Pelham

Chesterfield

Plainfield .

Cummington

Prescott

Easthampton

859

584

South Hadley

760

398

Enfield

Southampton

112

Goshen

Ware

647

505

Granby

Westhampton

Greenwich .

Williamsburg

242

159

Hadlev

156

Worthington

Hatfield
Huntington

139
140

77
95

Total

7,283

3,962

Middlefield .

620

Returns of Votes, etc.

County of Middlesex.

Cities and Towns.

Yes.

No.

Cities and Towns.

Yes.

No.

Acton

366

102

Maynard

525

384

Arlington
Ashby .
Ashland
Ayer

3,505

351

347

1,329

116

305

Medford
Melrose
Natick
Newto.v

5,805
3,978
1,638
9,889

2,623

862

1,385

2,927

Bedford

253

North Readi

iig

188

Belmont

2,213

629

Pepperell

291

134

Billerica

504

328

Reading

1,672

379

Boxborough

Sherborn

225

Burlington .

Shirley

199

Cambridge

10,995

8,784

So.merville

11,155

6,297

Carlisle

Stoneham

1,326

633

Chelmsford .

713

230

Stow .

188

Concord

1,073

454

Sudbury

191

Dracut

407

169

Tewksburv

230

Dunstable .

Townsend

196

Everett

4,217

2,456

Tyngsboroug

131

Framingham

2,061

1,240

Wakefield

1,944

836

Groton

342

125

Waltham

4,020

2,321

Holliston

459

194

Watertown

3,467

1,819

Hopkinton .

335

292

VVayland

321

170

Hudson

927

500

Westford

274

104

Lexington

1,258

392

Weston

.586

Lincoln

249

Wilmington

320

117

Littleton

237

Winchester

2,319

594

Lowell

9,963

7,579

WOBUBN

1,948

1,803

Malden

5,857

2,812

Marlborough

1,679

1,527

1 Total

101,678

53,707

County of Nantucket.

Nantucket

268

Total .

268

County of Norfolk.

Avon .

Bellingham

Braintree

Brookline

Canton

Cohasset

Dedham

Dover .

Foxborough

Franklin

Holbrook

Medfield

Med way

Millis .

Milton .

170

128

138

1,367

698

8,211

2,083

685

564

502

220

1,456

1,074

191

447

151

628

416

299

170

282

105

271

169

160

2,009

603

Need ham
Norfolk
Norwood
Plainville

QUINCY

Randolph

Sharon

Stoughton

Walpole

Wellesley

Westwood

Weymouth

Wrentham

Total

1,407
135

1,436
157

5,983
498
568
674
698

1,387
256

1,805
211

32,031

County of Plymouth.

Abington

643

347

Mattapoisett ....

169

Bridgewater

440

162

Middleborough .

876

276

Brockton .

6,875

4,711

Norwell

187

Carver .

Pembroke .

140

Duxbury

227

Plymouth .

1,081

516

East Bridgewater

349

173

Plympton .

Halifax

Rochester

Hanover

299

Rockland

748

739

Hanson

192

Scituate

371

153

Hingham

865

352

Wareham

443

191

Hull .

246

295

We.st Bridgewater

280

Kingston
Lakeville

232
65

Whitman

958

602

Marion

152

Total

16,362

9,258

Marshfield .

289

Returns of Votes, etc

621

County of Suffolk.

Cities and Towns.

Yes.

No.

Cities and Towns.

Yes.

No.

Boston

Chelsea

Revere

66,686
2,462
2,281

71,777
2,811
2,961

Winthrop

Total

3,018

1,047

74,447

78,596

County of Worcester.

Ashburnham ....

175

North Brookfield

394

173

Athol

934

425

Northborough

353

Auburn

401

276

Northbridge

898

818

Barre .

346

116

Oakham

Berlin .

210

Oxford .

354

232

Blackstone .

204

462

Paxton

Bolton .

141

Petersham

111

Boylston

129

Phillipston

Brookfield .

202

Princeton

Charlton

205

Royalston

Clinton

1,326

1,505

Rutland

151

Dana

Shrewsbury

583

150

Douglas

254

121

Southborough

306

105

Dudley

207

295

Southbridge

1,177

1,468

East Brookfield

Spencer

652

578

FrrcHBURG .

3,882

3,009

Sterling

245

Gardner

1,495

861

Sturbridge

114

Grafton

661

356

Sutton .

191

Hardwick

212

164

Templeton

344

121

Harvard

221

Upton .

295

Holden

383

120

LTxbridge

545

406

Hopedale

482

134

Warren

300

215

Hubbardston

108

Webster

874

1,186

Lancaster

267

West Boylston

259

Leicester

435

367

West Brookfield

146

Leominster

1,954

1,373

Westborough

761

298

Lunenburg .

205

Westminster

152

Mendon

158

Winchendon

509

296

Milford

1,035

1,315

Worcester .

20,086

15,757

Millbury

554

380

MiUville

148

211

Total

47,303

34,635

New Braintree

AggregaXe of Votes.

Counties.

Yes.

No.

Counties.

Yes.

No.

Barnstable
Berkshire .
Bristol

Dukes County
Essex .
Franklin .
Hampden .
Hampshire .

2,917

11,338

25,505

622

47,762

4,762
24,345

7,283

1,107

8,912

24,686

156

33,502

2,011
17,192

3,962

Middlesex

Nantucket ....

Norfolk

Plymouth

Suffolk

Worcester

Total

101,678
268
32,031
16,362
74,447
47,303

53,707
97
14,190
9,258
78,596
34,635

396,623

282,011

APPENDIX

The following tables and the index to the Acts and Resolves of the
current year have been prepared by William E. Dorman, Esq., and
Henry D. Wiggin, Esq., counsel, respectively, to the Senate and
House of Representatives, in accordance with section fifty-one of chap-
ter three of the General Laws.

TABLES

SHOWING

WHAT GENERAL LAWS OF THE COMMONWEALTH

HAVE BEEN AFFECTED BY SUBSEQUENT

LEGISLATION

CHANGES IN THE ^'GENERAL LAWS"

Chapter 1. — Jurisdiction of the Commonwealth and of the United States.

"Camp Devens" ceded to the United States, 1921, 456.
Consent to the acquisition by the United States of land and buildings in
Rutland, 1922, 409.

Chapter 3. — The General Court.

Purchase and distribution of ancient journals of House of Representa-
tives, 1920, 413; 1921, 170; 1922, 164.

For salaries of the present clerk and assistant clerk of the Senate, see
1922, 271.

Legislative supplies, etc., not required to be purchased through central
purchasing agency, 1922, 545 §§ 10-12; 1923, 362 § 1 subsect. 22, § 52.

Sect. 6 amended, 1923, 51.

Sect. 9 amended, 1921, 498 § 1.

Sect. 18 amended, 1921, 367 § 1; revised, 1922, 366 § 1; 1923, 400 § 1.
(See 1921, 384).

Sect. 19 amended, 1923, 228.

Sect. 20 amended, 1921, 498 § 2; 1922, 8; 1923, 229 § 1.

Sect. 24 revised, 1921, 486 § 41.

Sect. 35 amended, 1921, 343; 1923, 362 § 2.

Sect. 37 amended, 1923, 362 § 3.

Sect. 38 amended, 1923, 362 § 4.

Sect. 50 amended, 1922, 210.

Sect. 51 amended, 1922, 197.

Sect. 53 amended, 1922, 24 § 1.

626 Changes in the [Chaps. 4-7.

Chapter 4. — Statutes.

Sect. 7, cl. Fourth repealed, 1921, 486 § 1. CI. Seventh. See 1921,
430 § 1, changing title of police courts to district courts.

Sect. 7A added, 1922, 151 (relati\e to the filing and recording in the
office of the State Secretary of certain certificates, articles and affidavits).

Sect. 10 amended, 1921, 145.

Chapter 5. — Printing and Distribution of Laws and Public Documents.

As to the preparation and sale of the General Laws in a special form,
see 1922, Resolve 42.

As to state printing, see 1922, Resolve 48; 1923, 493.

Sect. 1 revised, 1923, 362 § 5; amended 1923, 493.

Sect. 3 amended, 1922, 198 § 1.

Sect. 4 amended, 1922, 198 § 2.

Sect. 6 amended, 1923, 362 § 6. (See 1922, 545 §§ 1, 4, 17.)

Sect. 8 amended, 1923, 362 § 7. (See 1922, 545 §§ 1, 4, 17.)

Sect. 11 revised, 1922, 319.

Chapter 6. — The Governor, Lieutenant Governor and Council, Certain
Officers under the Governor and Council, and State Library.

Special Commission on the Necessaries of Life, 1921, 325; 1922, 343;
1923, 320.

Commission on Administration and Finance to serve under Governor and
Council, 1922, 545 § 2; 1923, 362 § 1 subsect. 2.

Provision for an investigation relative to the construction of a new build-
ing for the Supreme Judicial Court, the Archives' Division of the State
Secretary's Department and the State Librarv, see 1923, Resolve 57.

Sect. 8 amended, 1923, 362 § 8.

Sect. 12A added, 1923, 210 (relative to the observance of Armistice
Day).

Sect. 17. See 1922, 545 § 2; 1923, 362 § 1 subsect. 2.

Sect. 20 revised, 1922, 298.

Sect. 22 amended, 1923, 368 § 1.

Sect. 25 amended, 1922, 191.

Sect. 36 revised, 1922, 15.

Sect. 37A added, 1923, 376 § 1 (authorizing the trustees of the State
Library to receive money and securities in trust for State Library pur-
poses, to be administered by the State Treasurer).

Chapter 7. — Commission on Administration and Finance (former title,
Supervisor of Administration).

Chapter 7, as amended by 1921, 298, repealed and superseded by 1923,
362 § 1 (chapter 7, Commission on Administration and Finance).

Office of Supervisor of Administration abolished and his rights, powers,
duties and obligations transferred to Commission on Administration and
Finance, see 1922, 545.

Sects. 6, 7. See 1922, 545 §§ 9-13; 1923, 362 § 1 subsect. 22, §§ 52, 92.

Sect. 7 amended, 1921, 298; repealed by 1923, 362 § 1.

Sects. 8-15. See 1922, 545 §§ 1, 4, 17; 1923, 362 § 1 subsects. 7-12,
29, 30.

Sect. 16. See 1922, 545 § 20; 1923, 362 § 1 subsects. 33-35.

Chaps. 8-11.] GENERAL LaWS. 627

Chapter 8. — Superintendent of Buildings, and State House.

Sects, o, 6, 8, 11. Rights, powers, duties and obligations of Superintend-
ent of Buildings relative to purchasing and storeroom functions transferred
to Commission on Administration and Finance, see 1922, 545 §§ 1, 9.

Sect. 3 repealed, 1923, 362 § 9.

Sect. 5 amended, 1922, 234.

Sect. 6 amended, 1923, 362 § 10.

Sect. 8 repealed, 1923, 362 § 9.

Sect. 11 amended, 1923, 362 § 11.

Sect. 12 amended, 1921, 256.

Sect. 17 revised, 1921, 459 § 1; 1923, 225 § 1.

Sect. IS revised, 1921, 459 § 2; amended, 1923, 225 § 2.

Sect. 19A added, 1922, 320 (procuring of portraits and other suitable
memorials of former Governors).

Sect. 21 added, 1922, 146 (regulating the establishment of permanent
memorials in the State House).

Chapter 9. — Department of the State Secretary.

For salary of the present second deputy in the office of the State Secre-
tary, see 1922, 372.

Sect. 2 revised, 1922, 370 § 1.

Sect. 6 amended,* 1922, 427 § 3.

Sect. 10 amended, 1922, 375.

Sect. 14 repealed, 1923, 362 § 12. (See 1923, 362 § 1 subsect. 27).
Rights, powers, duties and obligations of the State Secretary relative to
the purchase of paper transferred to Commission on Administration and
Finance, see 1922, 545 §§ 1, 9-12; 1923, 362 § 1 subsect. 22, § 52.

Sect. 17 amended,* 1922, 427 § 4.

Sect. 18 repealed, 1923, 146 § 1.

Chapter 10. — Department of the State Treasurer.

For salaries of the present deputies in the office of the State Treasurer,
see 1922, 323.

Rights, powers, duties and obligations of the State Treasurer relative to
bookkeeping and accounting functions not necessarily connected with the
cash and funds which he handles transferred to Commission on Adminis-
tration and Finance, see 1922, 545 §§ 1, 5.

Sect. 5. See 1922, 545 § 22.

Sect. 16 revised, 1923, 301 § 2, 376 § 2.

Chapter 11. — Department of the State Auditor.

Rights, powers, duties and obligations of the State Auditor, except such
as relate to the auditing of accounts of all offices of the commonwealth
and to the keeping of reports of such audits, transferred to Commission
on Administration and Finance, see 1922, 545 §§ 1, 5, 27, 29; 1923, 362
§ 1 subsects. 13-15, 17-19, §§ 13, 16.

* Rejected on referendum.

628 Changes in the [Chaps. 12-17.

Sect. 3 repealed, 1923, 362 § 13. Office of second deputy abolished,
see 1922, 545 § 27. '

Sect. 4 repealed, 1923, 362 § 13. Offices of supervisor of accounts and
assistant supervisor of accounts abolished, see 1922, 545 § 27.

Sect. 5 amended, 1923, 362 § 14.

Sect. 6 revised, 1923, 362 § 15. (See 1922, 545 §§ 22, 27.)

Sects. 7-11 repealed, 1923, 362 § 13. (See 1922, 545 §§ 1, 5.)

Sect. 10. See 1922 358.

Sect! 12 revised, 1923, 362 § 16. (See 1922, 545 § 27.)

Sects. 13-15 repealed, 1923, 362 § 13. (See 1922, 545 § 20.)

Chapter 12. — Department of the Attorney General, and the District

Attorneys.

Sect. 1 amended, 1923, 117.

Sect. 12 amended, 1922, 459.

Sect. 14 amended, 1922, 304 § 1; 1923, 211 § 1.

Sect. 15 revised, 1923, 398 § 1.

Sect. 16 amended, 1922, 304 § 2; revised, 1923, 211 § 2, 398 § 2.

Sect. 17 amended, 1922, 304 § 3, 333 § 1; 1923, 362 § 17, repealed,
1923, 398 § 3.

Sect. 18 amended, 1922, 334.

Sect. 19 amended, 1921, 235.

Chapter 13. — Department of Civil Service and Registration.

Sect. 9 amended, 1921, 426.
Sect. 25 amended, 1922, 441.

Sects. 33-35 added, 1923, 470 § 1 (relative to the board of registration
of certified public accountants).

Chapter 14. — Department of Corporations and Taxation.

Sect. 2 amended, 1922, 520 § 1.

Sect. 4 amended, 1921, 486 § 2; 1922, 330.

Sect. 5 amended, 1922, 21.

Chapter 15. — Department of Education.

Sect. 2 amended, 1921, 442.

Sect. 6A added, 1921, 462 § 2 (state board for vocational education
established).

Sect. 11 amended, 1922, 121.
Sect. 12 amended, 1921, 449 § 1.

Chapter 16. — Department of Public Works.
Sect. 0 amended, 1922, 534 § 2.

Chapter 17. — Department of Public Health.

Sect. 8. See 1921, Resolve 30 (authorizing the sale and conveyance of
Penikese Island and the buildings thereon).
Sect. 10 amended, 1922, 481.

Chaps. 19-27.] GENERAL LaWS. 629

Chapter 19. — Department of Mental Diseases.

Sect. 2 amended, 1921, 443.

Sect. 4A added, 1922, 519 § 1 (establishing a division of mental hygiene
in the Department of Mental Diseases).
Sect. 5 amended, 1922, 410 § 2.
Sect. (5 amended, 1921, 449 § 2; 1922, 410 § 3.

Chapter 21. — Department of Conservation.

Sect. 2 amended, 1923, 369 § 1.
Sect. 7 amended, 1923, 144.

Chapter 22. — Department of Public Safety.

Sect. 2 amended, 1923, 330.

Sect. 8 revised, 1922, 9.

Sect. 9A added, 1921, 461 (additional appointments in the division of
state police, "state constabulary," so called); amended, 1922, 331 § 1.

Sect. 13 added,* 1921, 43S § 1 (provision for deputy director of moving
picture censorship).

Chapter 23. — Department of Labor and Industries.

Sect. 1 amended, 1921, 306 § 1.

Sect. 3 amended, 1921, 306 § 2.

Sect. 4 amended, 1921, 306 § 3; 1922, 196.

Sect. 5 amended, 1921, 306 § 4.

Chapter 24, — Department of Industrial Accidents.

Sect. 2 amended, 1922, 537 § 1; 1923, 477 § 1.
Sect. 3 revised, 1923, 151.
Sect. 4 amended, 1923, 477 § 2.
Sect. 8 repealed, 1921, 462 § 8.
Sect. 9 repealed, 1921, 462 § 8.

Chapter 25. — Department of Public Utilities.

Sect. 5A added, 1922, 259 § 1 (authorizing the Department of Public
Utilities to summon witnesses and take testimony); amended, 1923, 362
§18.

Sect. 6 repealed, 1923, 227.

Chapter 26. — Department of Banking and Insurance,
Sect. 3 amended, 1922, 513.

Chapter 27. — Department of Correction.

Sect. 4 revised, 1923, 231 § 1.
Sect. 5 amended, 1921, 312.

* Rejected on referendum.

630 Changes in the [Chaps. 28-30.

Chapter 28. — Metropolitan District Commission.

Sect. 2 amended, 1923, 427.

Sect. 5 added, 1922, 406 (authorizing the appointment of a superin-
tendent of pohce), made a special law instead of an amendment to the
General Laws by 1923, 399 § 3.

Sects. 5-6 added, 1923, 399 § 1 (establishing the division of metropolitan
planning within the metropolitan district commission).

Chapter 29. — State Finance.

Establishment of Commission on Administration and Finance, see 1922,
545; 1923, 362.

Sect. 1 amended, 1923, 362 § 19.

Sect. 3 amended, 1923, 300. (See 1922, 545 §§ 1, 5-8.)
Sect. 4 amended, 1923, 362 § 20. (See 1922, 545 §§ 1, 6-8.)
Sect. 5 amended, 1923, 362 § 21. (See 1922, 545 §§ 1, 5, 6.)
Sect. 5A added, 1923, 362 § 22 (requiring departments, offices and com-
missions to submit with budget estimates forecasts of probable annual
construction expenditures). (See 1922, 545 § 7.)

Sect. 6 amended, 1923, 362 § 23. (See 1922, 545 §§ 1, 6-8.)

Sects. 7-9. See 1922, 545 §§ 1, 6-8.

Sect. 10. See 1922, 545 § 28.

Sect. 18 amended, 1923, 362 § 24. (See 1922, 545 §§ 1, 5.)

Sect. 20 amended, 1923, 362 § 25. (See 1922, 545 §§ 1, 5.)

Sect. 23 revised, 1921, 342; amended, 1923, 362 § 26. (See 1922, 545

§§ 1, 5.)

Sect. 24 amended, 1923, 362 § 27. (See 1922, 545 §§ 1, 5.)

Sect. 25 amended, 1923, 362 § 28. (See 1922, 545 §§ 1, 5.)

Sect. 26 amended, 1923, 362 § 29. (See 1922, 545 §§ 1, 5.)
Sect. 27 amended, 1923, 387.

Sect. 29 amended, 1923, 362 § 30. (See 1922, 545 §§ 1, 5.)

Sect. 33 amended, 1923, 362 § 31. (See 1922, 545 §§ 1, 5.)
Sect. 34 amended, 1922, 10.

Sect. 48 amended, 1923, 362 § 32. (See 1922, 545 §§ 1, 5.)

Sect. 50 amended, 1923, 362 § 33. (See 1922, 545 §§ 1, 5.)

Sect. 56 amended, 1923, 362 § 34. (See 1922, 545 §§ 1, 5.)

Sect. 58 amended, 1923, 362 § 35. (See 1922, 545 §§ 1, 5.)

Sect. 61 amended, 1923, 362 § 36. (See 1922, 545 §§ 1, 5.)

Chapter 30. — General Provisions relative to State Departments, Com-
missions, Officers and Employees.

Establishment of Commission on Administration and Finance and pro-
vision for a central purchasing agency, see 1922, 545; 1923, 362.

Sect. 1 amended, 1923, 362 § 37.

Sect. 6 revised, 1921, 275.

Sect. 7 revised, 1923, 362 § 38.

Sect. 7A added, 1921, 449 § 3 (rendering women eligible to hold state
office); amended, 1922, 371 § 1.

Sect. 15 amended, 1923, 362 § 39. (See 1922, 545 §§ 1, 5.)

Sect. 25 amended, 1923, 362 § 40.

Chai's. 31, 32.] General Laws. G31

Sect. 27 revised. 1921, 225; amended, 1923, 362 § 41.
Sect. 30 A added, 1923, 362 § 42 (relative to a uniform style of letter-
head for executive and administrative officers, departments and institu-
tions). (See G. L. 8, § 8.)

Sect. 33 amended, 1922, 24 § 2; 1923, 362 § 43. (See 1922, 545 §§ 1, 6.)
Sect. 35 amended, 1923, 362 § 44. (See 1922, 545 §§ 1, 4, 17.)
Sect. 36 revised, 1923, 362 § 45. (See 1922, 545 §§ 1, 9-13.)
Sect. 38 amended, 1923, 362 § 46. (See 1922, 545 §§ 1, 4, 17.)
Sect. 39 amended, 1922, 416.

Sect. 42 amended, 1923, 362 § 47. (See 1922, 358, 545 §§ 1, 9-13.)
Sect. 45 amended, 1923, 362 § 48. (See 1922, 545 §§ 1, 4, 17.)
Sect. 46 amended, 1923, 362 § 49. (See 1922, 545 §| 1, 4, 17.)
Sect. 47 revised, 1923, 362 § 50. (See 1922, 545 §§ 1, 4, 17.)
Sect. 48. See 1922, 545 §§ 1, 4, 17.

Sect. 49 amended, 1923, 362 § 51. (See 1922, 545 §§ 1, 4, 17.)
Sect. 50. See 1922, 545 §§ 1, 4, 17.

Sects. 51-52 added, 1923, 362 § 52 (relative to the purchase of certain
materials, supplies and other property by executive and administrative de-
partments of the commonwealth).

Chapter 31. — Civil Service.

Sect. 5 amended, 1923, 130.
Sect. 17 amended, 1922, 36.
Sect. 23 revised, 1922, 463.
Sect. 31 revised, 1922, 31.

Sects. 42A-42B added, 1923, 242 § 1 (changing the civil service laws
relative to certain police officers in certain cities and towns).
Sect. 44 repealed, 1923, 242 § 2.

Chapter 32. — Retirement Systems and Pensions.

As to retirement allowances based on annuity and pension contributions
for employees of the city of Boston or of the County of Suffolk, see 1922,
521. As to salaries and retirement allowances of the present justices of
the supreme judicial court, see 1923, 375.

Provision for a special commission to investigate the subject of old age
and other pensions, see 1923, Resolve 43.

Provision for an investigation as to contributory pensions for certain
veterans in public employment and as to exemption therefrom, see 1923,
Resolve 59.

Sect. 1 amended, 1922, 341 § 1.

Sect. 2, par. (3) amended, 1921, 439 § 1; par. (9) revised, 1921, 487
§ 4; par. (10) added, 1921, 487 § 5.

Sect. 3, par. (4) amended, 1922, 341 § 2.

Sect. 4, (2) B, par. (e) added, 1921^487 § 6.

Sect. 5 (par. included within lines 78-83) revised, 1922, .341 § 3; par.
(2) E amended, 1922, 341 § 4, revised, 1923, 205 § 2; par. (2) B (6) revised,
1923, 205 § 1.

. Sect. 10 extended, 1921, 460.
I Sect. 11, par. (1) amended, 1923, .381 § 1.
(^ Sect. 16, par. (1) amended, 1922, 521 § 33.
I Sect. 18 revised, 1923, 381 § 2.

632 Changes in the [Chap. 33.

Sects. 20-25 affected, 1921, 413; 1923, 479 § 3.

Sect. 25, par. (2) C (a) amended, 1921, 480; par. (2) B (b) revised,
1923, 190 § 1; par. (2) E revised, 1923, 190 § 2.

Sect. 46 amended, 1921, 402.

Sect. 49 amended, 1921, 279.

Sects. 49-60. See 1922, 521 § 32.

Sect. 56 amended, 1922, 261.

Sect. 57 amended, 1923, 386.

Sect. 61 amended, 1921, 486 § 3. (See 1923, 375.)

Sect. 62. See 1923, 375.

Sect. 63 amended, 1921, 486 § 4, 487 § 7.

Sect. 65 revised, 1921, 413; 1923, 479 § 3.

Sect. 66 amended 1923, 407 § 3.

Sect. 68 revised, 1921, 487 § 1.

Sect. 69 revised, 1921, 487 § 2.

Sect. 71 amended, 1921, 487 § 3.

Sect. 74 revised, 1921, 487 § 8; affected, 1922, 266.

Sect. 77, par. (h) amended, 1923, 458 § 1. (See 1923, 458 § 2.)

Sect. 80 amended, 1921, 337 § 1.

Sect. 85A added, 1921, 337 § 2 (relative to retirement of members of
fire departments in towns).

Sect. 87 amended, 1923, 178.

Chapter 33. — Militia.

For a complete list of temporary war legislation prior to 1921, see Table
of Changes for 1920 under chapter 16 of the Revised Laws, superseded by
chapter 33 of the General Laws.

See also 1921, 38, authorizing counties to pay their employees who
served in the world war the difference between their military and county
compensation.

State pay and "bonus" for war service, 1917, 211, 332; 1918, 92; 1919,
283; 1920, 51, 250, 609; 1922, 457. 1921, 326 and 1922, 240, extending
time for filing applications for payments to November 30, 1921, and further
to November 30, 1923. 1921, 354, entitling student nurses of medical depart-
ment of United States army during world war to receive the "bonus."

Commission to ascertain the most appropriate methods of caring for the
graves of American dead in foreign soil, revived and continued, 1921, 448;

1922, 455; 1923, Resolve 73.

Military supplies, etc., not required to be purchased through central
purchasing agency, see 1922, 545 §§ 10-12; 1923, 362 § 1 subsect. 22, § 52.

The purchase of certain historical works relative to the service of Massa-
chusetts men in the army or navy during the civil, Spanish or world war
authorized, 1923, 193.

Establishment of an unpaid special commission to provide for the prepa-
ration of a suitalile history of Massachusetts' part in the World War, see

1923, 408.

Sect. 6 revised, 1922, 152.

Sect. 28 revised, 1921, 359 § 1.

Sect. 30 amended, 1921, 276.

Sect. 35 A added, 1923, 459 § 10 (relative to the assessment upon cities
and towns for the expense of certain services performed by the land or
naval forces of the commonwealth).

Chaps. 34-30.] GENERAL LaWS. 633

Sect. ")2, suh.soct. (a) anu'ndfd, 1922, 344.

Sect. ('.4 ainende.l, 1923, 101.

Sect. 72 amended, 1923, 413 § 2.

Sect. S(). suhsect. (a) revised, 1921, 359 § 2; suhsect. (h) revised, 1923,
4o9 § 1.

Sect. 100 revi.sed, 1923. 459 § 2.

Sect. 145, suhsect. («) revised, 1923, 459 § 3.

Sect. 146 revised, 1923, 459 § 4.

Sect. 151, suhsect. (a) revised, 1923, 459 § 5.

Sect. 152, par. (c) added, 1923, 459 § 6 (relative to iavestigations as to
claims for injury to private property hy memhers of the volunteer militia).

Sect. 154, suhsect. (a) revised, 1921, 359 § 3.

Sect. 157, paragraphs (b) and (c) repealed, 1922, 445 § 1; par. (a) re-
vised, 1923, 459 § 7.

Sect. 160 amended, 1922, 445 § 2; revised, 1923, 459 § 8.

Sect. 161 revised, 1923, 459 § 9.

Sect. 176, suhsect. (n) revised, 1923, 459 § 11.

Chapter 34. — Counties and County Commissioners.

Counties authorized to pay their employees who served in the world
war the difference between their military and countv compensation, 1921,
38.

Sect. 3 A added, 1921, 449 § 4 (rendering women eligible to county
offices); amended, 1922, 371 § 2.

Sects. 9A-9E added, 1922, 123 (defining the records of county commis-
sioners).

Sect. 11 amended, 1922, 423 § 3.

Sect. 17 revised, 1922, 383.

Chapter 35. — County Treasurers, State Supervision of County Accounts,

and County Finances.

Counties authorized to pay their employees who served in the world
war the difference between their military and countv compensation, 1921,
38.

Sect. 6 revised, 1921, 300.

Sect. 26 amended, 1923, 334 § 1.

Sect. 28 amended, 1921, 336.

Sect. 30 amended, 1922, 127.

Sect. 37A added, 1922, 122 (relative to the ])orrowing of money by
counties and to the use of proceeds and premiums).

Sect. 38 amended, 1923, 428.

Sect. 39 amended, 1921, 22. .

Sects. 44-47. See 1921, 480 § 2.

Chapter 36. — Registers of Deeds.

Sect. 31 A added, 1921, 207 (registers of deeds to notify Commissioner
of Corporations and Taxation of the recording of certain deeds and decla-
rations of trust).

Sect. 33. See 1921, 422.

Sect. 34 revised, 1921, 422.

Sect. 36 revised, 1922, 301.

634 Changes in the [Chaps. 38-41.

Chapter 38. — Medical Examiners.

Sect. 5 amended, 1923, 439 § 1.
Sect. 11 amended, 1923, 362 § 53.

Chapter 39. — Municipal Government

Sect. 13 amended, 1921, 486 § 5.

Sect. 16 revised, 1923, 388.

Sect. 19 repealed,* 1922, 427 § 5.

Sect. 20 amended,* 1922, 427 § 6.

Sect. 23 amended,* 1922, 427 § 7.

Chapter 40. — Powers and Duties of Cities and Towns.

Sect. 5, cl. (12) revised, 1921, 486 § 6; 1923, 202, 401; cl. (21) revised,
1921, 371 § 1; cl. (21 A) added, 1921, 371 § 2 (authorizing towns to appro-
priate money for purchase, etc., of ambulances).

Sect. 9 amended, 1921, 80; revised, 1923, 122. (See 1921, 169, author-
izing city of Boston to utilize schoolhouse property to provide quarters for
organizations of war veterans.)

Sect. 9A added, 1921, 227 (authorizing cities and towns to provide
quarters for camps of the United Spanish War Veterans).

Sect. 11 amended, 1921, 252.

Sect. 13A added, 1923, 234 (authorizing cities and towns to establish
insurance funds to pav workmen's compensation).

Sect. 14 amended, "^1921, 486 § 7; 1923, 266.

Sect. 30 amended, 1922, 40.

Sects. 42A-42F added, 1923, 391 (relative to the collection of water
rates).

Chapter 41. — Officers and Employees of Cities, Towns and Districts.

Sect. 1 amended, 1923, 66. See 1921, 65, rendering women eligible to
elective municipal office in Boston.

Sect. 5 amended,* 1922, 427 § 8.

Sect. 15A added, 1922, 86 (relative to the certification of appropriation
orders by city and town clerks); amended, 1923, 17.

Sect. 21 amended, 1921, 130.

Sect. 24A added, 1921, 208 (election or appointment of assistant as-
sessors in cities).

Sect. 25A added, 1921, 14 (authorizing assessors in towns to appoint
assistant assessors).

Sect. 34A added, 1923, 26 (relative to changing the name of the over-
seers of the poor in certain cities and towns to the board of public welfare).

Sect. 54A added, 1922, 135 (requiring annual notification to the assessors
by certain city and town officials of receipts of the preceding year).

Sect. 55 amended, 1921, 486 § 8.

Sect. 56 amended, 1922, 84.

Sect. 76 amended, 1922, 297.

Sect. 77 amended, 1921, 486 § 9.

Sect. Ill amended, 1921, 486 § 10; 1923, 346.

* Rejected on referendum.

Chaps. 42-44.] GENERAL LawS. 635

Chapter 42. — Boundaries of Cities and Towns.

Boundary line between Carver and JVIiddleborough established, 1921, 82.
Sect. 10 revised, 1923, 103.

Chapter 43. — City Charters.

Provision for a special commission to revise the charter of the city of
Boston, see 1923, Resolve 54.

Sect. 1 (last paragraph) amended, 1922, 237 § 1.
.Sect. 8 amended, 1922, 237 § 2.

Sect. 15 revised, 1922, 237 § 3.

Sect. 17 amended, 1922, 237 § 4.

Sect. 31 amended, 1922, 237 § 5.

Sect. 36 revised, 1922, 237 § 6.

Sect. 40 amended, 1922, 237 § 7.

Sects. 44A-44H added, 1922, 282 § 1 (providing for the nomination at
preliminary elections of candidates for elective municipal office in cities
governed under a standard form of city charter).

Sect. 45 amended, 1922, 282 § 2.

Sect. 50 amended, 1922, 237 § 8.

Sect. 59 revised, 1922, 237 § 9.

Sect. 62 amended, 1923, 232.

Sect. 68 revised, 1922, 237 § 10.

Sect. 82 revised, 1922, 237 § 11.

Chapter 44. — Municipal Finance.

As to municipal indebtedness of the city of Boston, see 1909, 486 § 26;
1910, 437; 1911, 165; 1918, Sp. Acts 52.
Relative to the maintenance and operation of municipal light plants,

1922, 184.

Sect. 5A added, 1922, 28 (authorizing cities to borrow money to meet
expenditures by city officials in anticipation of appropriations); revised,

1923, 359 § 1.

Sect. 6A added, 1921, 366 (authorizing towns to borrow money for
highway purposes in anticipation of state or county reimbursement).

Sect. 7 amended, 1923, 338.

Sect. 8, cl. (5) amended, 1921, 486 § 11; els. (3a) and (36) added, 1923,
303 § 1 (authorizing cities and towns to incur debt outside the debt limit
for certain purposes).

Sect. 17 amended, 1923, 303 § 2.

Sect. 18 amended, 1923, 303 § 3.

Sect. 19 amended, 1923, 359 § 2. As to Boston, see 1909, 486 § 26;
1910, 437; 1911, 165.

Sect. 22. As to rate of interest on securities issued by city of Boston,
see 1918, Sp. Acts 52.

Sect. 24A added, 1921, 294 (relative to the form of notes issued by
towns and districts).

Sect. 29. As to tax limit of city of Boston, see 1909, 490 I § 53; 1910,
521; 1913, 719 § 18; 1915, Sp. Acts 184 § 2, 304; 1916, Sp. Acts 267; 1918,
Sp. Acts 120, 132 § 3; 1919, Sp. Acts 172, 206 § 10; 1920, 401, 524, 641 § 5;
1922, 205; 1923, 223.

636 Changes in the [Chaps. 4s-51.

Sect. 33A added, 1922, 250 (providing that the financial budgets of cities
shall include provision for the salaries of officials).

Sect. 34. See 1922, 28.

Sects. 35, 36. The question of the installation by the commonwealth of
a municipal accounting system required to be submitted to certain cities
and towns, see 1922, 516.

Sect. 47. As to Boston, see 1909, 486 § 26; 1910, 437; 1911, 165.

Sect. 50 repealed, 1921, 486 § 12.

Sect. 55 amended, 1921, 486 § 13.

Sect. 62 added, 1922, 253 (providing penalties for violation of the laAvs
relative to municipal finance) .

Sect. 63 added, 1923, 303 § 4 (requiring cities and towns to use the
proceeds of the sale of real estate for certain purposes in certain cases).

Chapter 48, — Fires, Fire Departments and Fire Districts.

Sect. 8 amended, 1921, 274.
Sect. 13 amended, 1922, 515.

Sect. 20A added, 1922, 252 (relative to the operation of portable saw-
mills).

Sect. 24 amended, 1923, 214.
Sect. 36 amended, 1923, 109.
Sect. 83 amended, 1923, 362 § 54.

Chapter 50. — General Provisions relative to Primaries, Caucuses and

Elections.

Sect. 1 amended, 1923, 131 § 3.

Chapter 51. — Voters.

Board of election commissioners and registration of voters in Boston,
1913, 835 §§ 76-87; 1915, 48, 91 § 7; 1917, 29 § 12; 1919, 269 §§ 1, 6, 7;

1920, 142; 1921, 93, 114 § 5.

For listing of voters in Boston, see 1917, 29; 1920, 145; 1921, 114; in
Chelsea, 1917, 106; 1921, 84; in Cambridge, 1918, 282; 1921, 84; in
Watertown, 1919, 108; 1921, 84; in Lowell, 1923, 131.

Election commission and registration of voters in Lowell, 1920, 154;

1921, 115.

Sect. 1 amended, 1922, 305.

Sect. 4 amended, 1923, 131 § 4.

Sect. 5 amended, 1923, 131 § 5.

Sect. 6 revised, 1923, 131 § 6.

Sect. 7 amended, 1923, 131 § 7.

Sect. 8 amended, 1923, 131 § 8.

Sect. 9 amended, 1923, 131 § 9.

Sect. 11 amended, 1923, 131 § 10.

Sect. 15 revised, 1921, 102 § 1.

Sect. 16 revised, 1921, 102 § 2.

Sect. 22 amended, 1921, 156.

Sect. 35 amended, 1923, 131 § 11.

Sect. 36 amended, 1921, 209 § 1.

Sect. 37 amended, 1921, 209 § 2; 1923, 131 § 12.

Sect. 39 amended, 1923, 131 § 13.

Chaps. 53-55.] GENERAL LawS. 637

Sect. 42 aniondod, 1923, 131 § 14.
Sect. 43 amended, 1923, 131 § 15.
Sect. 44 amended, 1922, l()(j.
Sect. 55 amended, 1921, 209 § 3.
Sect. 57 amended, 1923, 238 § 1.
Sect. 59 amended, 1922, 189.
Sp:ct. G1 revised, 1921, 209 § 4.

Chapter 53. — Nominations, Questions to be submitted to the Voters,

Primaries and Caucuses.

Sect. 7 amended, 1922, 214 § 1; 1923, 124.

Sect. 10 amended, 1921, 387.

Sect. 11. See 1909, 486 § 56; 1914, 730 § 6; 1921, 288 § 2, as to time
of filing objections to nomination papers of candidates for municipal office
in Boston.

Sect. 13. See 1909, 486 § 56; 1914, 730 § 6; 1921, 288 § 2, as to time
of withdrawal of nominations to municipal office in Boston.

Sect. 34 amended, 1923, 302 § 1.

Sect. 35 amended, 1923, 302 § 2.

Sect. 46 amended, 1922, 214 § 2.

Sect. 59. See 1921, 65, enabling women to sign nomination papers for
candidates for municipal office in Boston.

Sect. 61 amended, 1922, 214 § 3. See 1909, 486 § oii; 1914, 730 § 6;
1921, 288 § 2, as to certificates, etc., of nomination papers of candidates for
municipal office in Boston.

Sect. 117 amended, 1923, 186.

Chapter 54. — Elections.

Sect. 2 amended, 1921, 220 § 1. (See 1913, 835 § 217; 1918, 74; 1920,
636, as to division of city of Boston into voting precincts.)

Sect. 11 amended, 1923, 204 § 1.

Sect. 13 amended, 1923, 204 § 2.

Sect. 14 revised, 1923, 204 § 3.

Sect. 58. See 1909, 486 § 54; 1914, 730 § 5; 1921, 340, as to time for
issuance of nomination papers for elective offices in Boston.

Sect. 63. See 1909, 486 § 32; 1914, 730 § 1; 1921, 288 § 1, as to date
of municipal election in Boston.

Sect. 64 amended,* 1922, 427 § 9.

Sect. 104 amended,* 1922, 427 § 10.

Sect. 105 amended, 1921, 209 § 5.

Sect. 132 amended, 1921, 209 § 6.

Sect. 133 amended, 1921, 209 § 7.

Sect. 139 revised, 1922, 57.

Sect. 141 amended, 1922, 142.

Sect. 154. See 1922, 459.

Chapter 55. — Corrupt Practices and Election Inquests.

Sect. 1 revised, 1923, 110.

Sect. 33A added, 1923, 98 § 1 (relative to the use of the names of political
parties).

* Rejected on referendum.

638 Changes in the [Chaps. 56-59.

Sect. 34A added, 1922, 269 § 1 (making of false statements in relation
to candidates for nomination or election to public office prohibited).
Sect. 36 amended, 1922, 269 § 2.

Chapter 56. ^ Violations of Election Laws.

Sect. 2 amended, 1921, 114 § 6; 1923, 131 § 16.

Sect. 4 amended, 1923, 131 § 17.

Sect. 5 amended, 1921, 114 § 7; 1923, 131 § 18.

Sect. 6 amended, 1921, 114 § S; 1923, 131 § 19.

Sect. 7 amended, 1921, 486 § 14; 1923, 131 § 20.

Sect. 8 amended, 1923, 131 § 21.

Sect. 13 revised, 1923, 183.

Sect. 62A added, 1923, 98 § 2 (penalizing members of organizations for
illegal use of names of political parties).

Sect. 64A added, 1922, 269 § 3 (penalty for making false statements in
relation to candidates for nomination or election to public office).

Chapter 58. — General Provisions relative to Taxation.

Sect. 8 amended, 1922, 34; 1923, 283.

Sect. 9 amended, 1921, 379 § 1.

Sect. 10 amended, 1921, 379 § 2.

Sect. lOA added, 1921, 375 § 2 (allowance as offset to amounts due
state from cities and towns of percentage of corporation taxes to be dis-
tributed) .

Sect. 13 amended, 1921, 486 § 15; revised, 1923, 271 § 1. (See 1922,
54 § 1.)

Sects. 13-17 extended, 1921, 344 § 4.

Sect. 14 revised, 1923, 271 § 2.

Sect. 15 amended, 1921, 282; revised, 1923, 271 § 3.

Sect. 17 amended, 1922, 54 § 1.

Sect. 17A added, 1923, 271 § 4 (relative to the taxation of land held
for county tuberculosis hospitals).

Sect. 18 amended, 1922, 54 § 2. (See 1922, 194.)

Sect. 20 revised, 1922, 362 § 1.

Sects. 20-24A. See 1921, 375 § 2; 1922, 362 § 2.

Sect. 24A added, 1921, 375 § 1 (distribution to cities and towns of
interest on corporation taxes).

Sect. 25 amended, 1921, 375 § 3; revised, 1922, 362 § 2.

Sect. 27 revised, 1922, 382.

Chapter 59. — Assessment of Local Taxes.

As to local tax limit generally, see Chap. 44 § 29.

As to Boston, see 1909, 490 I § 53; 1910, 521; 1913, 719 § 18; 1915,
Sp. Acts 184 § 2, 304; 1916, Sp. Acts 267; 1918, Sp. Acts 120, 132 § 3;
1919, Sp. Acts 172, 206 § 10; 1920, 401, 524, 641 § 5; 1922, 205; 1923, 223.

As to taxation of lands and buildings of the city of Boston leased for
business purposes, see 1922, 390.

Collection of certain taxes assessed under authority of special law trans-
ferred to the commissioner of corporations and taxation, see 1923, 133.

Provision for an investigation of the advisability of providing a limitation
of exemptions from local taxation of certain property, see 1923, Resolve 58.

Chaps. 60-62.] GENERAL LawS. 639

Sect. 1. For the poll tax payable prior to 1924, including the additional
"war poll tax," so called, see 1919, 283 §§ 10-15. (See 1921, 226, repealing
certain provisions relative to poll taxes. See 1922, 260, relative to abate-
ments of poll taxes for certain veterans. See 1922, 398, exempting certain
veterans of the world war from the payment of additional poll taxes.)

Sect. 5, cl. Second amended, 1921, 389; 1922, 216; cl. Third, subsect.
(c) amended, 1922, 451 § 1; cl. Fifth amended, 1921, 474; 1922, 222;
cl. Sixteenth amended, 1921, 486 § 16; cl. Thirty-third amended, 1921,
202.

Sect. 8. See 1922, 329.

Sect. 23 amended, 1921, 348.

Sects. 23 A and 23B added, 1922, 118 (requiring assessors to notify the
financial officers of cities and towns of amounts to be raised by taxation
and from receipts, and of amounts of abatements granted).

Sect. 51 revised, 1923, 421.

Sect. 60 amended, 1923, 18.

Chapter 60. — Collection of Local Taxes.

Sect. 2 amended, 1921, 124.
Sect. 9 revised, 1923, 128 § 1.
Sects. 10 and 11 repealed, 1923, 128 § 2.
Sect. 12 amended, 1923, 128 § 3.
Sect. 17 revised, 1923, 128 § 4.
Sect. 43 revised, 1923, 377 § 7.
Sect. 97 revised, 1923, 128 § 5.
Sect. 100 amended, 1923, 128 § 6.

Forms 10, 11, 12, 14, 18 in schedule at end of chapter amended, 1923,
377 § 8.

Chapter 61. — Taxation of Forest Products and Classification and Taxa-
tion of Forest Lands (former title, Taxation of Forest Lands).

Chapter repealed and superseded by 1922, 360 § 1.

Chapter 62. — Taxation of Incomes.

Extra tax to be assessed in or on account of the year 1924, see 1923, 487
§6.

Sect. 1, subsect. (a) cl. Fourth amended, 1923, 287 § 1; subsect. (a)
cl. First amended, 1923, 378 § 1, subsect. (b) amended, 1923, 487 § 3.

Sect. 2 amended, 1921, 265.

Sect. 5, cl. (c) amended, 1921, 376 § 1; 1922, 449 § 1; cl. (6) amended,
1923, 287 § 2.

Sect. 6, cl. (6) amended, 1922, 329 § 1; cl. (</) amended, 1922, 329 § 2;
cl. (h) amended, 1922, 489.

Sect. 33 amended, 1922, 290.

Sect. 34 amended, 1923, 362 § 55.

Sect. 37 amended, 1922, 143.

Sect. 41 amended, 1923, 287 § 3.

Sect. 45 amended, 1922, 339 § 1.

Sect. 47 amended, 1921, 113 § 1; 1923, 287 § 4.

Sect. 48 amended, 1921, 113 § 2.

Sect. 58 amended, 1923, 402 § 1.

640 Changes in the [Chap. g3.

Chapter 63. — Taxation of Corporations.

Extra tax to he assessed on certain corporations in or on acconnt of the
vear 1924, see 1923, 487 § G.

Sect. 1 revised, 1923, 487 § 1.

Sect. 8 revised, 1923, 378 § 2.

Sects. lOA and lOB added, 1923, 487 § 2 (relative to the taxation of
national bank stock and the distribution of such taxes).

Sect. 11 amended, 1922, 520 § 2; revised 1923, 378 § 3. (See 1922, 239.)

Sect. 12. See 1922, 230.

Sect. 14 amended, 1922, 239.

Sect. 17 amended, 1922, 520 § 3.

Sect. 18 amended, 1922, 520 § 4.

Sect. 28 amended, 1922, 520 § 5; 1923, 378 § 4.

Sect. 29 amended, 1922, 520 § 6; 1923, 378 § 5.

Sect. 30, par. 5 amended, 1922, 302; par. contained in first two lines
amended, 1923, 254 § 3; pars. 1 and 2 amended, 1923, 438 § 5.

Sects. 30-51. See 1922, 362 § 1.

Sect. 32 amended, 1923, 424 § 1. (See 1921, 361.)

Sect. 32A added, 1923, 424 § 2 (relative to a minimum gross receipts
excise with respect to certain domestic business corporations).

Sect. 33 revised, 1922, 492 § 1. (See 1922, 492 § 2.)

Sect. 34A added, 1923, 254 § 1 (relative to the taxation of subsidiary
companies controlled bv domestic business corporations).

Sect. 39 amended, 1923, 424 § 3. (See 1921, 361.)

Sect. 39A added, 1922, 492 § 2 (imposing a minimum tax upon foreign
business corporations doing business in this commonwealth).

Sect. 39B added, 1923, 254 § 2 (relative to the taxation of subsidiary
companies controlled by foreign corporations).

Sect. 39C added, 1923, 424 § 4 (relative to a minimum gross receipts
excise with respect to certain foreign corporations).

Sect. 45 amended, 1922, 520 § 7.

Sect. 48 amended, 1922, 520 § 8.

Sect. 53, cl. Fourth (part) amended, 1922, 49; last par. amended, 1923,
402 § 2.

Sect. 55, cl. Sixth added, 1923, 290 § 3 (certain deductions allowed
corporations owning stock of electric companies).

Sect. 56 amended, 1923, 378 § 6. (See 1922, 239.)

Sect. 56x\ added, 1923, 310 (providing an alternative method of de-
termining the value of corporate franchises of foreign telephone companies).

Sect. 58 revised, 1921, 394.

Sect. 60 amended, 1922, 520 § 9. '

Sect. 61. See 1921, 406 § 1; 1923, 452.

Sects. 62, 65. See 1921, 406, relieving street railway, etc., companies
for years 1922 and 1923 from commutation or excise tax; time extended
for years 1924-1928, inclusive, see 1923, 452.

Sect. 70 amended, 1922, 520 § 10. (See 1921, 375 § 1.)

Sect. 71 amended, 1921, 123; 1922, 339 § 2.

Sect. 71 A added, 1923, 402 § 3 (inspection of returns restricted).

Sect. 72 amended, 1922, 520 § 11; revised 1923, 378 § 7.

Sects. 72-75. See 1921, 493 § 7.

Sect. 73 amended, 1922, 520 § 12.

Chaps. 64A-69.] GENERAL LawS. 641

Sect. 75 amended, 1922, 520 § I'A.

Sect. 70 amended, 1928, 140.

Sect. 77 amended, 1922, 520 § 14.

Sect. 7.S amended, 1928, 8(52 § 5(i.

Chapter 64A. — Taxation of Sales of Gasoline and Certain Other Motor

Vehicle Fuel.

New ehapter added 1923, 454.

Chapter 65. — Taxation of Legacies and Successions.

As to the collection of collateral legacy taxes under chapter 15 of the
Revised Laws and amendments thereof, see 1922, 520 § 24.
Sect. 1 amended, 1922, 347, 403 § 1.
Sect. 4 amended, 1922, 403 § 2.
Sect. 5 amended, 1922, 403 § 3.
Sect. 7 amended, 1922, 520 § 15.
Sect. S amended, 1922, 520 § 16.
Sect. 10 repealed, 1922, 403 § 4.
Sect. 11 revised, 1923, 176.
Sect. 15 revised, 1922, 300.
Sect. 23 amended, 1922, 520 § 17.
Sect. 27 amended, 1922, 520 § 18.
Sect. 30 amended, 1922, 520 § 19.
Sect. 31 amended, 1922, 520 § 20.

Sect. 32 amended, 1922, 339 § 3; revised, 1922, 520 § 21.
Sect. 33 amended, 1922, 520 § 22.
Sect. 34 amended, 1922, 520 § 23.

Chapter 66. — Public Records.

See 1920, 562; 1921, 171; 1922, 199, relative to the preservation and dis-
tribution of town records of births, marriages and deaths previous to 1850.
Sect. 1 amended, 1923, 362 § 57.
Sect. 10. See 1923, 337.

Chapter 67. — Parishes and Religious Societies.

Certificates of organization of parishes and religious societies filed in the
office of the State Secretary deemed recorded, see 1922, 151.

Chapter 69. — Powers and Duties of the Department of Education.

Provision for an investigation relative to opportunities and methods for
technical and higher education in the commonwealth, 1922, Resolve 33;
time extended to December 26, 1923, 1923, Resolve 33.

Sect. 3 revised, 1923, 301 § 3.

Sect. 10 amended, 1921, 484.

Sect. 25 revised, 1921, 486 § 17; amended, 1923, 362 § 58. (See 1922,
545 §§ 10-12.)

Sect. 28 added, 1923, 361 (providing for the establishment of special
day classes for deaf pupils in the public schools of certain towns).

642 Changes in the [Chaps. 70-74.

Chapter 70. — School Funds and Other State Aid for Pubhc Schools.

Sect. 1 amended, 1923, 14.") § 1.

Sect. 2 revised, 1921, 420 § 1.

Sect. 4 revised, 1921, 420 § 2.

Sect. 6 amended, 1922, 190.

Sect. 7 amended, 1922, 333 § 2; 1923, 145 § 2.

Sect. 11 revised, 1921, 420 § 3; amended, 1923, 472 § 1.

Sect. 16 amended, 1922, 333 § 3; 1923, 362 § 59.

Chapter 71. — Public Schools.

Sect. 1 amended, 1921, 360; 1923, 222 § 1.

Sect. 2 amended, 1923, 222 § 2.

Sect. 6 revised, 1921, 296 § 1.

Sect. 7 amended, 1921, 296 § 2; revised, 1923, 363.

Sect. 21 amended, 1922, 401.

Sect. 24 amended, 1922, 413.

Sect. 40 revised, 1921, 420 § 4.

Sect. 42 amended, 1921, 293.

Sect. 46 amended, 1922, 231.

Sect. 53 revised, 1921, 357 § 1.

Sects. 53 A and 53B added, 1921, 357 § 2 (enabling superintendency dis-
tricts and unions to employ school physicians and nurses, etc.).

Sect. 55 revised, 1922, 120.

Sect. 70 amended, 1921, 486 § 18.

Sect. 71 amended, 1923, 50.

Chapter 73. — State Normal Schools.

Sect. 4 amended, 1921, 486 § 19; 1923, 362 § 60.

Sect. 7 added, 1921, 92 (authorizing Department of Education to grant
degrees in education); amended, 1922, 274.

Chapter 74. — Vocational Education.

Sects. 1-24. See 1922, 521 § 2.

Sect. 8A added, 1923, 299 (relative to payment by certain towns for
the transportation of pupils attending outside vocational schools and to
state reimbursement therefor).

Sect. 10 revised, 1923, 364.

Sect. 20 revised, 1921, 462 § 3.

Sect. 21 amended, 1921, 462 § 4.

Sect. 22 amended, 1921, 462 § 5.

Sect. 22 A added, 1921, 4(52 § 6 (duties of state board for vocational
education).

Sect. 22B added, 1923, 434 (authorizing tlie state board for vocational
education to furnish aid during rehabilitation to certain persons).

Sect. 46A added, 1921, 385 (authorizing state textile schools to make
certain tests).

Sect. 51 amended, 1923, 362 § 61.

Ch.\i\s. 75-82.] General Laws. 643

Chapter 75. — Massachusetts Agricultural College.

Sect, (i aiiKMidtHl, 192.3, 3(12 § ()2.

Sect. lOA added, U122, 2(58 (authoriziuf;- tlie trusters of the Massachu-
setts Agrieultural Collejic to insure its memorial building- and contents).
Sect. 17. See 1022, 182.
Sect. 21 amended, 1922, 182.

Chapter 76, — School Attendance.

Sect. 1 amended, 1921, 463. (Sec 1922, 370.) '
Sect. 7 amended, 1921, 272.
Sect. 10 amended, 1921, 214.

Chapter 77. — School Offenders and County Training Schools.
Sect. 1 amended, 1921, 173.

Chapter 80. — Betterments.

Sect. 1 amended, 1923, 377 § 1.
Sect. 4 amended, 1923, 377 § 2.
Sect. 5 amended, 1923, 377 § 3.
Sect. 12 amended, 1923, 377 § 4.
Sect. 13 revised, 1923, 377 § 5.
Sect. 14 repealed, 1923, 377 § 6.

Chapter 81. — State Highways.

Provision for an investigation by the division of highways of the depart-
ment of pulilic works into the question of snow and ice removal from high-
ways, see 1923, Resolve 3.

Provision for an investigation relative to the supervision and regulation
of the business of transporting persons, freight and property over public
ways by motor vehicles, see 1923, Resolve 35.

Sect. 1 amended, 1923, 57 § 1.

Sect. 3 amended, 1921, 260.

Sect. 5 amended, 1921, 427 § 1.

Sect. 6 amended, 1921, 446.

Sect. 9 amended, 1921, 112 § 2; 1923, 362 § 63.

Sect. 12 revised, 1921, 427 § 2. (See 1921, 427 § 1.)

Sect. 19 revised, 1923, 482 § 1.

Sect. 25 revised, 1921, 428.

Sect. 26 amended, 1922, 281.

Sect. 26A added, 1921, 120 § 1 (providing for the participation of the
county in the improvement of public ways).

Chapter 82. — The Laying Out, Alteration, Relocation and Discontinuance
of Public Ways, and Specific Repairs thereon.

Sect. 5 amended, 1922, 251 § 1.
Sect. 8 amended, 1921, 401.
Sect. 11 amended, 1922, 251 § 2.

644 Changes in the [Chaps. 83-90.

Chapter 83. — Sewers, Drains and Sidewalks.
Sect. 27 amended, 1921, 486 § 20.

Chapter 84. — Repair of Ways and Bridges.

Sect. 11 revised, 1923, 482 § 2.

Sect. 11 A added, 1921, 120 § 2 (providing for the participation of the
county in the improvement of pubKc ways).
Sect. 21 revised, 1922, 241.

Chapter 85. — Regulations and By-laws relative to Ways and Bridges.

Sect. 13 revised, 1921, 377.
Sect. 30 revised, 1922, 526.
Sect. 34 revised, 1923, 313 § 1.

Sect. 35 added,' 1923, 313 § 2 (relative to the protection of highway
bridges from heavy loads).

Chapter 90, — Motor Vehicles and Aircraft.

Provision for an aircraft landing field, see 1922, 404.

Provision for an investigation relative to the supervision and regulation
of the business of transporting persons, freight and property over public
wavs by motor vehicles, see 1923, Resolve 35.

Sect. 1 amended, 1923, 464 § 1.

Sect. 2 amended, 1922, 303 § 1; 1923, 362 § 64.

Sect. 3 amended, 1923, 431 § 1.

Sects. 3A-3B added, 1923, 431 § 2 (relative to jurisdiction and service
of process in actions against non-residents operating motor vehicles in this
commonwealth) .

Sect. 5 amended, 1922, 303 § 2; revised, 1923, 464 § 2.

Sect. 6 amended, 1922, 342 § 1.

Sect. 7 revised, 1921, 189, 434, 483; amended, 1922, 342 § 2; 1923,
335.

Sect. 8 amended, 1921, 403 § 1; 1923, 464 § 3.

Sect. 9 amended, 1922, 303 § 3.

Sect. 10 amended, 1923, 464 § 4.

Sect. 12 amended, 1923, 464 § 5.

Sect. 20 amended, 1922, 130.

Sect. 21 revised, 1921, 349.

Sect. 22 amended, 1923, 464 § 6.

Sect. 23 amended, 1921, 304.

Sects. 23-25. See 1922, 36.

Sect. 28 amended, 1922, 202; 1923, 362 § {)5.

Sect. 29 amended, 1923, 464 § 7.

Sect. 30 amended, 1923, 464 § 8.

Sect. 31. See 1922, 36.

Sect. 33 amended, 1921, 403 § 2; revised, 1923, 464 § 9.

Sect. 34 revised, 1921, 112 § 1.

Sects. 35^3 superseded, 1922, 534 § 1.

Ch.\ps. 91-94.] General Laws. 645

Chapter 91. — Waterways.

Sect. 12 revised, 1922, 262 § 1.

Sect. ISA added, 1923, 453 (providing access for the public to great
ponds).
Sect. 33 amended, 1923, 57 § 2.

Chapter 92. — Metropolitan Sewers, Water and Parks.

Sect. 36 revised, 1923, 230.

Sect. 48 amended, 1922, 14.

Sect. 56 amended, 1921, 112 § 3.

Sect. 63A added, 1923, 221 (authorizing the payment of reasonable
hospital, medical and surgical expenses of police officers of the metropolitan
district commission injured while on duty).

Sect. 64 revised, 1923, 350.

Sect. 99 amended, 1923, 362 § 66.

Chapter 93. — Regulation of Trade and Certain Enterprises.

Special Commission on the Necessaries of Life, 1921, 325; 1922, 343;
1923, 320.
Sect. 10 amended, 1921, 486 § 21.
Sects. 35-36 repealed, 1923, 470 § 3.
Sect. 37 revised, 1922, 395 § 1; repealed, 1923, 470 § 3.
Sect. 38 repealed, 1923, 470 § 3.

Sect. 39 revised, 1922, 395 § 2; repealed, 1923, 470 § 3.
Sect. 41 repealed, 1921, 486 § 22.

Chapter 94. — Inspection and Sale of Food, Drugs and Various Articles.

Special Commission on the Necessaries of Life, 1921, 325; 1922, 343;
1923, 320.

Sect. 7 revised, 1922, 186 § 1.

Sect. 8 amended, 1921, 94; 1922, 186 § 2.

Sect. 9 amended, 1922, 186 § 3.

Sect. 10 amended, 1922, 186 § 4.

Sects. lOA-lOE added, 1921, 303 (regulating the manufacture and
bottling of certain non-alcoholic beverages).

Sect. 17A added, 1923, 170 (prohibiting the combination of certain fats
and oils with milk, cream or skimmed milk).

Sect. 51 amended, 1923, 84.

Sect. 74 revised, 1922, 17 § 1.

Sect. 76 revised, 1922, 17 § 2.

Sect. 81 revised, 1922, 338 § 1.

Sect. 82 revised, 1922, 338 § 2.

Sect. 92A added, 1921, 486 § 23. (Sale of decayed eggs.)

Sect. 96 revised, 1922, 355 § 1.

Sect. 97 repealed, 1922, 355 § 8.

Sect. 99 amended, 1922, 355 § 2.

Sect. 99A added, 1921, 248 (establishing a standard for boxes and half
boxes for farm produce at wholesale).

Sect. 108 repealed, 1922, 355 § 8.

646 Changes in the [Chap. 98.

Sects. 117A-117F added, 1922, 438 § 1 (providing for the grading and
inspection of onions).

Sect. 142 amended, 1923, 425 § 1.

Sect. USA added, 1923, 425 § 2 (relative to the sale of vegetable
sausages).

Sect. loOA added, 1921, 486 § 24.

Sect. 163 revised, 1922, 524.

Sect. 164 revised, 1922, 206.

Sect. 173 repealed, 1922, 355 § 8.

Sect. 177 amended, 1923, 155 § 3.

Sect. 184A added, 1921, 486 § 25 (marking of packages, etc., of foods or
medicines containing certain drugs).

Sect. 185 repealed, 1921, 486 § 26.

Sect. 186, cl. Seventh added, 1923, 166 (prohibiting the inflation of
meat with gas or air).

Sect. 209 revised, 1922, 535 § 1.

Sect. 210 amended, 1922, 535 § 2.

Sect. 212 revised, 1922, 535 § 3.

Sect. 218 repealed, 1922, 355 § 8.

Sect. 219 amended, 1922, 355 § 3.

Sect. 220 repealed, 1922, 355 § 8.

Sect. 221 amended, 1922, 355 § 4.

Sect. 222 revised, 1922, 355 § 5.

Sect. 223 repealed, 1922, 355 § 8.

Sect. 224 revised, 1922, 355 § 6.

Sect. 227 revised, 1922, 400 § 1.

Sect. 228 amended, 1922, 400 § 2.

Sect. 229 revised, 1922, 400 § 3.

Sect. 237 amended, 1922, 355 § 7.

Sects. 238-249. See 1921, 325 (chairman of Special Commission on the
Necessaries of Life to be fuel administrator). As to the appointment,
duties, authority and powers of a fuel administrator, see 1922, 544.

Sect. 240 amended, 1921, 95 § 2; 1923, 196 § 2.

Sect. 241 amended, 1921, 95 § 1; revised, 1923, 196 § 1.

Sect. 243 amended, 1921, 89 § 1.

Sect. 248 amended, 1921, 89 § 2; 1923, 155 § 2.

Sects. 249A-249F added, 1923, 155 § 1 (relative to the sale of coal).

Sect. 270 revised, 1923, 226 § 1.

Sect. 271 amended, 1923, 226 § 2.

Sect. 272 amended, 1923, 226 § 3.

Sect. 273 revised, 1923, 226 § 4.

Sect. 277 revised, 1923, 226 § 5.

Sects. 295A-295E added,* 1922, 427 § 2 (relative to wood alcohol), there-
tofore appearing as sections 34 to 38 of chapter 138.

Sect. 298 revised, 1921, 251 § 1.

Sect. 299 revised, 1921, 251 § 2.

Sect. 304 amended, 1921, 486 § 27.

Chapter 98. — Weights and Measures.

Sect. 12 revised, 1921, 2(53 § 1.
Sect. 13 revised, 1921, 263 § 2.
Sect. 14 revised, 1921, 263 § 3.

* Rejected on referoiulum.

Chaps. 100-111.1 GENERAL LaWS. 647

Sect. 18 rovisod, 1921, 4r, § 1.
Sect. 19 iv vised, 1921, 4r) § 2.
Sect. 22 revised, 1921, 374.
Sect. 41 amended, 1923, 32 § 1.
Sect. 42 amended, 1923, 32 § 2.
Sect. 58 repealed, 1922, 355 § 8.

Chapter 100. — Auctioneers.
Sect. 5 amended, 1921, 127.

Chapter 101. — Transient^Vendors, Hawkers and Pedlers.

Sect. 1 amended, 1921, 106 § 1; 1923, 102 § 1.

Sect. 2 amended, 1921, 106 § 2; 1923, 102 § 2.

Sect. 17 amended, 1923, 285.

Sect. 30 amended, 1923, 154.

Chapter 103. — Pilots.

Sects. 1-14 superseded, 1923, 390 § 1.
Sect. 15 amended, 1923, 390 § 2.
Sect. 16 revised, 1923, 390 § 3.
Sect. 17 amended, 1923, 390 § 4.
Sect. 29 repealed, 1923, 390 § 5.

Chapter 108A, — Partnerships.
New chapter added by 1922, 480.

Chapter 109. — Limited Partnerships.

Chapter repealed and superseded by 1923, 112 § 1.
Certificates and affidavits of limited partnerships filed in the office of the
State Secretary deemed recorded, see 1922, 151.

Chapter 110. — Labels, Trade Marks, Names and Registration thereof.

Sects. 8, 9. (Certificates of registration of labels, insignia, etc., filed in
the office of the State Secretary deemed recorded, see 1922, 151.)

Chapter llOA. — Promotion and Sale of Securities.

New chapter added by 1921, 499 ("Blue Sky Law," so called).
Sect. 5 amended, 1923, 47.
Sect. 6 amended, 1922, 435 § 1.
Sect. 7 amended, 1922, 435 § 2.

Sect. 8 amended, 1922, 317 § 1; revised, 1922, 435 § 3; amended,
1923, 48.
Sect. 10, par. (h) amended, 1922, 317 § 2.
Sect. 13 repealed, 1922, 259 § 2.

Chapter 111. — Public Health.

Sect. 5 amended, 1921, 322.
Sect. 11 repealed,* 1922, 427 § 11.
Sect. 25 amended, 1922, 200.

* Rejected on referendum.

648 Changes in the [Chaps. 112, ii 4.

Sect. 31A added, 1921, 358 (providing for registration of collectors of
garbage, etc.).

Sect. 39 amended, 1921, 315 § 1.

Sect. 48 affected, 1921, 315 § 1.

Sects. 63, 68. See 1921, Resolve 30 (authorizing sale and conveyance
of Penikese Island and the buildings thereon).

Sect. 70 amended, 1923, 337.

Sect. 82 revised, 1922, 393 § 1; 1923, 113 § 1.

Sects. 83-85. See 1921, 185 (apportionment of expense incurred by
county of Middlesex for a tuberculosis hospital). See 1923, 429 (apportion-
ment of expense incurred by county of Essex for a tuberculosis hospital).

Sect. 85 amended, 1923, 113 § 2.

Sect. 85 A added, 1923, 113 § 3 (authorizing county commissioners to
make temporary loans to provide funds for the care, maintenance and
repair of county tuberculosis hospitals).

Sect. 86 amended, 1922, 393 § 2.

Chapter 112. — Registration of Certain Professions and Occupations.

Sect. 2 amended, 1922, 340 § 1.

Sect. 2A added, 1923, 13 (relative to the qualifications of applicants for
registration as qualified physicians).

Sect. 3 amended, 1921, 313, 409; revised, 1922, 340 § 2.

Sect. 9A added, 1922, 426 (providing for the registration of medical stu-
dents for the limited practice of medicine).

Sect. 27 amended,* 1922, 427 § 12.

Sect. 32 amended,* 19.22, 427 § 13.

Sect. 34 amended, * 1922, 427 § 14; 1923, 233 § 8.

Sect. 35 amended,* 1922, 427 § 15.

Sect. 36 amended,* 1922, 427 § 16.

Sect. 38 amended, 1921, 318.

Sect. 40 amended,* 1922, 427 § 17.

Sect. 45 A added, 1921, 365 (providing for registration of dental
internes) .

Sect. 48 revised, 1922, 221.

Sect. 61 revised, 1921, 478 § 1.

Sect. 65 revised, 1921, 478 § 2.

Sect. 82 amended, 1921, 419.

Sects. 87A-87E added, 1923, 470 § 2 (relative to the registration of
certified public accountants).

Chapter 114. — Cemeteries and Burials.

Certificates, articles of organization and amendment and affidavits re-
lating to cemetery and crematory corporations filed in the office of the State
Secretary deemed recorded, see 1922, 151.

Sect. 45 revised, 1922, 176 § 1.

Sect. 47 revised, 1921, 333.

Sect. 50 amended, 1922, 176 § 2.

* Rejected on referendum.

Chaps. 115-121.] GENERAL LawS. 649

Chapter 115. — State and Military Aid, Soldiers' Relief, etc.

For a complete list of temporary war legislation prior to 1921, see Tables
of Changes for 1920 under chapter 16 of the Revised Laws, superseded by
chapter 33 of the General Laws.

See also 1921, 38, authorizing counties to pay their employees who
served in tlie world war the difference between their military and county
compensation.

As to allowances for the burial expenses of certain persons who died
overseas in the service of the United States in the world war, see 1923,
258.

Provision for allowances to certain organizations of persons who served
in the world war for the expenses of certain military funerals or burials in
which they participate, see 1923, 396.

State pav and "bonus" for war service, 1917, 211, 332; 1918, 92; 1919,
283; 1920,51,250,609; 1922,457. 1921, 326 and 1922, 240, extending time
for filing applications for pajmients to November 30, 1921, and further to
November 30, 1923. 1921, 354, entitling student nurses of medical depart-
ment of United States army during world war to receive the " bonus."

Sect. 3A added, 1923, 181 (relative to the payment of state and military
aid and soldiers' relief).

Sect. 6 amended, 1921, 222 §§ 1, 2.

Sect. 7 amended, 1921, 222 § 3; 1922, 229.

Sect. 10 amended, 1921, 222 § 4.

Sect. 15 amended, 1923, 362 § 67.

Sect. 20 amended, 1923, 362 § 68.

Chapter 116. — Settlement of Paupers.

Sect. 1, cl. Fifth amended, 1922, 177.
Sect. 5 revised, 1922, 479.

Chapter 117. — Support of Paupers by Cities and Towns.
Sect. 17 amended, 1923, 298.

Chapter 118. — Aid to Mothers with Dependent Children.
Sect. 1 amended, 1922, 376.

Chapter 120. — Massachusetts Training Schools.

Sect. 8 amended, 1923, 362 § 69.
Sect. 10 amended, 1923, 362 § 70.
Sect. 18 repealed, 1923, 245 § 2.

Chapter 121. — Powers and Duties of the Department of Public Welfare,
and the Massachusetts Hospital School.

Sect. 9 amended, 1921, 486 § 28.
Sect. 29 revised, 1922, 306.

650 Changes in the [Chaps. 122, 123.

Chapter 122. — State Infirmary and State Paupers.

Sect. 4 amended, 1923, 362 § 71.
Sect. 6 amended, 1923, 362 § 72.
Sect. 15 amended, 1923, 177.
Sect. 19 amended, 1923, 362 § 73.
Sect. 24 amended, 1921, 430 § 2.
Sect. 25 amended, 1921, 430 § 3.

Chapter 123. — Commitment and Care of the Insane and Other Mental

Defectives.

Sect. 3A added, 1922, 519 § 2 (relative to the powers and duties of the
Department of Mental Diseases concerning the mental health of citizens).

Sect. 13A added, 1922, 519 § 3 (relative to the powers and duties of the
Division of Mental Hygiene in the Department of Mental Diseases).

Sect. 16 amended, 1921, 317 § 1.

Sect. 17 amended, 1923, 362 § 74. (See 1922, 545 §§ 1, 5.)

Sect. 20 amended, 1921, 317 § 2; 1922, 410 § 4; 1923, 245 § 1.

Sect. 22A added, 1923, 467 § 1 (relative to the commitment of insane
persons to the Bridgewater state hospital, and to the transfer or discharge
of inmates tliereof).

Sect. 25 amended, 1922, 410 § 5.

Sect. 32 amended, 1922, 193; 1923, 362 § 75.

Sect. 45 amended, 1922, 410 § 6.

Sect. 46 amended, 1922, 410 § 7.

Sect. 51 amended, 1922, 410 § 8.

Sect. 62 amended, 1922, 535 § 4.

Sect. 66 amended, 1922, 410 § 9.

Sect. 66A added, 1921, 441 § 1 (commitment of feeble-minded persons
to supervision of Department of Mental Diseases, etc.).

Sect. 67 amended, 1922, 410 § 10.

Sect. 80 revised, 1922, 535 § 5.

Sect. 88A added, 1922, 337 (providing for the parole of inmates of
state schools for the feeble-minded).

Sect. 89 amended, 1922, 535 <5 6.

Sects. 89A and 89B added, 1921, 441 § 2 (discharge of certain feeble-
minded persons committed under § 66A).

Sect. 91 amended, 1922, 410 § 11.

Sect. 93 amended, 1922, 410 § 12.

Sect. 96 amended, 1921, 317 § 3.

Sect. 100 amended, 1923, 467 § 2.

Sect. lOOA added, 1921, 415 (investigation by Department of Mental
Diseases of certain persons held for trial); amended, 1923, 331.

Sect. 101 amended, 1923, 467 § 3.

Sect. 105 amended, 1923, 467 § 4.

Sect. 113 revised, 1921, 270 § 1 ; 1922, 535 § 7.

Sect. 114 revised, 1922, 535 § 8.

Sect. 115 revised, 1922, 535 § 9.

Sect. 117 amended, 1921, 270 § 2; revised, 1922, 535 § 10.

Sect. 118 amended, 1922, 535 § 11.

Sect. 119 amended, 1922, 535 § 12.

Sect. 121 amended, 1923, 397.

Sect. 124 amended, 1922, 535 § 13.

Chaps. 125-129.] GENERAL LawS. 651

Chapter 125. — Penal and Reformatory Institutions of the Commonwealth.

As to the coniniitinent of drug addicts and dipsomaniacs to institutions
under the Department of Correction, see 1922, .535 §§ 4-13.

Provision for an investigation relative to the relocation of the state
prison, see 1923, Resolve 02.

Sect. 3 amended, 1923, 3(52 § 76.

Sect. 5 amended, 1923, 3()2 § 77.

Sect. 26 amended, 1923, 362 § 78.

Sect. 34 revised, 1923, 362 § 79.

Sect. 42 repealed, 1921, 486 § 29.

Sect. 49 amended, 1923, 362 § 80.

Sects. 51 and 52 repealed, 1923, 362 § 81. (See 1922, .545 §§ 10-16.)

Sect. 53. See 1922, 545 §§ 10-16.

Sect. 54 amended, 1923, 362 § 82.

Chapter 127. — Officers and Inmates of Penal and Reformatory Institu-
tions, Paroles and Pardons.

As to the commitment of drug addicts and dipsomaniacs to institutions
under the Department of Correction, see 1922, 535 §§ 4-13.

Sects. 51-78. See 1922, 545 §§ 10-12.

Sect. 57 revised, 1923, 362 § 83.

Sect. 71 amended, 1923, 362 § 84.

Sect. 90A added, 1923, 52 (allowing inmates of penal institutions to
attend the funerals of their spouses and next of kin).

Sect. 127 amended, 1923, 150.

Sect. 161 amended, 1923, 362 § 85.

Chapter 128. — Agriculture.

Provision for co-operation between the United States Department of
Agriculture and the commonwealth in the collection and publication of
agricultural statistics, 1921, 253.

Provision for an investigation relative to grading and marketing methods
prevailing among tobacco growers in this commonwealth, 1922, Resolve 32.

Sect. 2, cl. (/) revised, 1921, 206.

Sect. 8 revised, 1922, 438 § 2.

Sect. 23 amended, 1923, 362 § 86.

Sect. 30 amended, 1923, 147 § 1.

Sect. 31 A added, 1923, 147 § 2 (relative to the disposition of corn stalks
and stubble in connection with the suppression of the European corn borer).

Sect. 39. See 1921, Resolve 5 (providing for preparation and publica-
tion of a report on the birds of Massachusetts).

Chapter 129. — Animal Industry.

Sect. 11 amended, 1922, 353 § 1.

Sect. 12 revised, 1922, 353 § 2 (repealed by 1922, 353 § 4 from and
after August 1, 1923).

Sect. 33 revised, 1922, 353 § 3.

Sect. 33 A added, 1922, 137 (providing for certain requirements in case
of the transfer of possession of bovine animals which have reacted to a
tuberculin test).

652 Changes in the [Chaps. 130, 131.

Chapter 130. — Powers and Duties of the Division of Fisheries and Game.

Fisheries.

Possession of protected fish permitted under certain conditions if lawfully
caught in this commonwealth or elsewhere, 1922, 187 § 1.

Sect. 1 amended, 1922, 187 § 1.

Sect. 22 revised, 1922, 124.

Sect. 23 revised, 1921, 467 § 9.

Sect. 49 revised, 1923, 269.

Sect. 58 revised, 1923, 268 § 1.

Sects. 58-60. See 1921, 224 (imposing temporary restrictions on taking
of pickerel).

Sect. 59 revised, 1923, 268 § 2.

Sect. 61 amended, 1922, 148; revised, 1923, 268 § 3.

Sect. 62 A added, 1923, 212 (relative to the taking, possession and sale
of pike perch).

Sect. 64 amended, 1921, 197; revised, 1922, 444.

Sect. 77 A added, 1922, 108 (relative to fishing with floats in fresh water
ponds).

Sect. 78A added, 1921, 188 (imposing restrictions on the taking of fresh
water fish); revised, 1923, 268 § 4.

Sect. 84 A added, 1922, 80 (issuing of permits for the taking of shellfish
by unnaturalized foreign-born persons).

Sect. 104 revised, 1921, 116 § 1; amended, 1922, 161.

Sect. 145 revised, 1921, 24.

Chapter 131. — Preservation of Certain Birds and Animals. Hunting and

Fishing Licenses.

Provision for preparation and publication of a report on the birds of
Massachusetts, 1921, Resolve 5.

Taking of quail in the counties of Dukes, Essex, Hampden, Hampshire,
Middlesex, Norfolk, Worcester and Nantucket prohibited until the year
1925, 1922, 89; 1923, 182.

Possession of protected birds and quadrupeds permitted under certain
conditions if lawfully taken or killed in this commonwealth or elsewhere,
1922, 187 § 2.

Sect. 1 amended, 1922, 187 § 2.

Sect. 3 revised, 1921, 467 § 1.

Sect. 4 revised, 1921, 467 § 2.

Sect. 6 revised, 1921, 467 § 3.

Sect. 7 revised, 1921, 467 § 4.

Sect. 8 revised, 1921, 467 § 5.

Sect. 9 amended, 1921, 467 § 6.

Sect. 13 revised, 1921, 467 § 7.

Sect. 14 revised, 1921, 467 § 8.

Sect. 16 amended, 1923, 68.

Sect. 19 amended, 1921, 75.

Sect. 29 revised, 1921, 107 § 1.

Sect. 30 revised, 1921, 107 § 2.

Sect. 37 amended, 1922, 171 § 1; revised, 1923, 307 § 1.

Sect. 39 revised, 1923, 307 § 2.

Chaps. 132-138.] GENERAL LaWS. 653

Sect. 4a amended, 1923, 99 § 1.

Sect. 4G amended, 1921, 152; 1922, 117 § 2; revised, 1922, IGO.

Sect. 4()A added, 1922, 117 § 1 (relative to the importation of live hares
and rabbits for purposes of propagation or liberation).

Sect. 48 amended, 1923, 99 § 2.

Sect. 51 revised, 1921, 121.

Sect. 51A added, 1923, 185 (requiring annual reports to the division of
fisheries and game relative to fur-bearing animals caught or killed in this
commonwealth) .

Sect. 58 amended, 1923, 99 § 3.

Sect. 01 revised, 1922, 183.

Sect. 66 revised, 1922, 128.

Sect. 67 revised, 1921, 257.

Sect. 69 amended, 1923, 301 § 1.

Sect. 72 amended, 1921, 55.

Sect. 81 amended, 1922, 171 § 2; 1923, 307 § 3.

Sect. 82A added, 1921, 90 (relative to the release of wild birds or animals).

Sect. 85 amended, 1921, 159.

Chapter 132. — Forestry.

Mohawk Trail State Forest established 1921, 344.

Sect. 10 amended, 1921, 271 § 1.

Sect. 14 amended, 1923, 311; revised, 1923, 472 § 2.

Sect. 16 amended, 1923, 472 § 3.

Sect. 30 amended, 1922, 185; revised, 1923, 288 § 1.

Sect. 33 amended, 1921, 238; 1923, 288 § 2.

Sect. 34A added, 1923, 288 § 3 (relative to the sale or exchange of forest
and certain other lands under the supervision of the department of con-
servation and to the granting of certain rights of way and locations for
telephone, etc., lines thereon).

Chapter 136. — Observance of the Lord's Day.

Sect. 6 amended,* 1922, 427 § 18.
Sect. 7 amended,* 1922, 427 § 19.
Sect. 10 amended, 1922, 119.

Chapter 138. — Intoxicating Liquors and Certain Non -Intoxicating

Beverages.

Sect. 2A added, 1923, 370 (relative to the manufacture, transportation,
importation or exportation of intoxicating liquors and certain non-intoxi-
cating beverages).

Sects. 4-9. See 1921, 356, 450.

Sect. 8 affected, 1921, 356, 450.

Sect. 15 amended, 1922, 285.

Sect. 18 amended, 1923, 233 § 1.

Sect. 25 revised, 1923, 233 § 2.

Sect. 28 amended, 1923, 233 § 3.

Sects. 30 and 31 repealed, 1923, 233 § 4.

* Rejected on referendum.

654 Changes in the [Cil\ps. 139-142.

Sect. 32 amended, 1923, 233 § f).

Sect. 43 amended, 1923, 291.

Sect. 54 revised, 1921, 495; amended, 1922, 22.

Sect. 69 revised, 1923, 329.

Sect, 75 amended, 1923, 435.

Sect. 87 amended, 1923, 233 § 6.

Sect. 88 amended, 1923, 233 § 7.

Chapter 138 and amendments repealed by * 1922, 427 § 1 and super-
seded by * 1922, 427 § 1 (Chapter 138. Prohibition of Intoxicating Liquors)
and by * 1922, 427 § 2, inserting in chapter 94 new sections 295A-295E.

Chapter 139. — Common Nuisances.

Sect. 14 amended,* 1922, 427 § 20.
Sect. 16 amended,* 1922, 427 § 21.
Sect. 17 repealed,* 1922, 427 § 22.
Sect. 18 amended,* 1922, 427 § 23.
Sect. 19 amended,* 1922, 427 § 24.
Sect. 20 amended,* 1922, 427 § 25.

Chapter 140. — Licenses.

Sects. 21A-21D added, 1922, 392 (authorizing cities and towns to pro-
vide for licensing the sale of certain beverages).

Sect. 23 revised, 1921, 59.

Sect. 58 revised, 1923, 30.

Sect. 66 revised, 1923, 218.

Sect. 121 amended, 1922, 485 § 1.

Sect. 122 revised, 1922, 485 § 2.

Sect. 122 A added, 1922, 485 § 3 (relative to the recording of licenses to
sell, rent or lease firearms).

Sect. 123 revised, 1922, 485 § 4.

Sect. 125 amended, 1922, 485 § 5.

Sect. 127 amended, 1922, 485 § 6.

Sect. 129A added, 1922, 485 § 7 (unnaturalized foreign-born persons re-
stricted as to firearms).

Sect. 130 amended, 1922, 485 § 8.

Sect. 131 revised, 1922, 485 § 9. (See 1922, 485 § 11, as to the expiration
on January 1, 1923, of licenses for the carrving of certain firearms.)

Sect. 133 revised,* 1922, 427 § 2().

Chapter 141. — Supervision of Electricians.

Sect. 3, cl. (3) revised, 1921, 221 § 1; cl. (5) amended, 1921, 221 § 2.

Chapter 142. — Supervision of Plumbing.

Provision for a continuance of the investigation as to standardizing mu-
nicipal regulations relative to plumbing and drainage, 1921, Resolve 40;
1922, Resolve 19; 1923, Resolve 6.

Sect. 11 amended, 1923, 194.

* Rejected on referendum.

Ch.\ps. 143-149.] General Laws. 655

Chapter 143. — Inspection and Regulation of, and Licenses for, Buildings,
Elevators and Cinematographs.

Boston buildinu- luws. 1907, 5,-)0; 190S, 330; 1909, 313; 1910, 284, 631;
1911, 342; 1912.\3(;9, 370; 1913, 50, 577, 586. 704, 729; 1914, 119, 205,
248, 595, 628, 782, 786; 1915, Sp. Acts 254, 333, 346, 352; 1916, Sp. Acts
248, 277; 1917, Sp. Acts 221; 1918, Sp. Acts 104, 115, 179; 1919, Sp.
Acts 155, 156, 163; 1920, 91, 266, 440, 455; 1921, 60, 289, 476; 1922, 61,
126, 174, 316; 1923, 108, 278, 462.

Sect. 72 amended, 1923, 478 § 1.

Sects. 86-88 a(l(l«Ml, 1923, 478 § 2 (relative to the use in schools and for
other purposes of nio\ino; picture apparatus adapted to standard width
safety films).

Chapter 147. — State and Other Police, and Certain Powers and Duties of
the Department of Public Safety.

Sect. 2 revised 1921, 164.

Sects. 52-59 added,* 1921, 438 § 2 (moving picture censorship).

Chapter 148. — Fire Prevention.

Sect. 2 revised, 1921, 485 § 1.

Sect. 10 revised, 1921, 273, 485 § 2.

Sect. 12 revised, 1921, 255.

Sect. 14 amended, 1921, 485 § 3.

Sects. 15-18 affected, 1921, 485 § 1.

Sect. 19 revised, 1921, 485 § 4.

Sect. 21 affected, 1921, 485 § 1.

Sect. 23 affected, 1921, 485 § 1.

Sect. 31 amended, 1921, 485 § 5.

Sect. 54 amended, 1921, 104.

Sects. 57A-57G added, 1921, 500 (providing for the giving of bonds in
connection with the manufacture, wholesale storage or public exhibition of
fireworks).

Sect. 62 revised, 1921, 485 § 6.

Sect. 66 amended, 1921, 485 § 7.

Chapter 149. — Labor and Industries.

Sect. 7 amended, 1921, 306 § 5.

Sect. 8 amended, 1921, 306 §6.

Sect. 15 amended, 1921, .306 § 7.

Sect. 17 amended, 1921, 306 § 8.

Sect. 30 amended, 1923, 236.

Sect. 56 amended, 1921, 280.

Sect. 60 amended, 1921, 410 § 2.

Sect. 65 revised, 1921, 351 § 1; 410 § 3.

Sect. 69 amended, 1921, 410 § 1.

Sect. 70 revised, 1921, 410 § 4.

Sect. 86 amended, 1921, 351 § 2. (See 1922, 401.)

Sect. 89. See 1922, 401.

llejected on referendum.

656 Changes in the [Ch.'O's. 152-158.

Sect. 94 amended, 1921, 351 § 3.

Sect. 95 amended, 1921, 341.

Sect. 120 revised, 1921, 50.

Sect. 141 amended, 1921, 53.

Sect. 148 amended, 1921, 51; 1923, 136.

Sect. 177A added, 1922, 215 (prohibiting employers from exempting
themselves from liability for certain injuries to employees).

Sect. 179A added, 1922, 517 (providing a preference to citizens in award-
ing contracts for public work).

Chapter 152. — Workmen's Compensation.

Sect. 3 repealed, 1921, 462 § 8.
Sect. 4 amended, 1921, 462 § 7.
Sect. 29 amended, 1923, 163.
Sect. 31 revised, 1922, 402.
Sect. 33 amended, 1922, 368.
Sect. 45 revised, 1921, 310.
Sect. 49 amended, 1923, 125.
Sect. 54 repealed, 1923, 139 § 1.
Sect. 55 amended, 1923, 139 § 2.

Chapter 165. — General Provisions relative to Corporations.

Sect. 5 A added, 1921, 268 § 1 (relative to provision for depreciation by
companies under the supervision of the Department of Public Utilities).

Sect. 10. (Articles of amendment and certificates of change of name
of certain corporations filed in the office of the State Secretary deemed
recorded, see 1922, 151.)

Sect. 22 amended, 1923, 172.

Chapter 156. — Business Corporations.

Certificates, articles of organization and amendment and affidavits re-
lating to business corporations filed in the office of the State Secretary
deemed recorded, see 1922, 151.

Sect. 2 amended, 1923, 438 § 1. (See 1923, 438 § 6).

Chapter 157. — Co-operative Corporations.

Certificates, articles of organization and amendment and affidavits re-
lating to co-operative associations filed in the office of the State Secretary
deemed recorded, see 1922, 151.

Sect. 3 amended, 1923, 438 § 2.

Sect. 4 revised, 1921, 297.

Sect. 8 amended, 1923, 438 § 3.

Sects. 10-18 added, 1923, 438 § 4 (relative to the incorporation of agri-
cultural and other co-operative corporations without capital stock).

Chapter 158. — Certain Miscellaneous Corporations.

Certificates, articles of organization and amendment and affidavits re-
lating to certain public service corporations filed in the office of the State
Secretary deemed recorded, see 1922, 151.

Sects. 46-54. See 1922, 488 § 2.

Chaps. 159-164.] GENERAL LawS. 657

Chapter 159. — Common Carriers.

Sect. 42 repealed, 1922, 259 § 2.
Sect. 59 amended, 1923, 351 § 1.
Sect. 61 amended, 1923, 351 § 2.
Sect. G2 amended, 1923, 351 § 3.

Sect. 86. (Certificates of organization of certain relief corporations
filed in the office of the State Secretary deemed recorded, see 1922, 151.)

Chapter 160. — Railroads.

Certificates relati^■e to railroad corporations filed in the office of the State
Secretary deemed recorded, see 1922, 151.
Sect.' 128 amended, 1922, 116.

Chapter 161. — Street Railways.

Boston Elevated Railwa.y Company, public operation of, 1918, Sp. Acts
159; 1919, Sp. Acts 244, 245, 250, 2.51; 1920, 613, 637; 1921, 108.

Eastern Massachusetts Street Railway Company, formerly Bay State
Street Raihvav Company, public operation of, 1918, Sp. Acts 188; 1919,
Sp. Acts 247;' 1920, 505; 1921, 223.

Act to assure the continued operation of the lines of the Berkshire Street
Railway Company, 1921, 479.

Certificates relative to street railway companies filed in the office of the
State Secretary deemed recorded, see 1922, 151.

Sect. 4, par. (A) amended, 1923, 491 § 1.

Sect. 20A added, 1923, 491 § 3 (authorizing a change of the par value
of shares of capital stock issued by street railway companies).

Sect. 85 revised, 1923, 482 § 3.

Sect. 98 amended, 1922, 430.

Sect. 136, par. (i) amended, 1923, 491 § 2.

Sect. 161 added, 1923, 296 (authorizing cities and towns to contribute
toward the cost of street railway service therein).

Chapter 162. — Electric Railroads.

Certificates relative to electric railroads filed in the office of the State
Secretary deemed recorded, see 1922, 151.

Chapter 163. — Trackless Trolley Companies.

Certificates relative to trackless trolley companies filed in the office of
the State Secretary deemed recorded, see 1922, 151.

Chapter 164. — Manufacture and Sale of Gas and Electricity.

Temporary act, in force until June 1, 1925, relative to the rate of interest
on bonds of gas, electric and water companies, 1920, 581, 634; 1921, 264.

Certificates relative to gas and electric companies filed in the office of the
State Secretary deemed recorded, see 1922, 151.

Sect. 6 amended, 1922, 354 § 1; 1923, 290 § 1.

Sect. 8 revised, 1922, 354 § 2.

Sect. 9 amended, 1921, 269.

658 Changes in the [Chaps. 165-168.

Sect. 9A added, 1923, 290 § 2 (relative to the corporate purposes of
certain electric companies).

Sect. 13 amended, 1922, 223.

Sect. 14 revised, 1921, 230 § 1.

Sect. 18 amended, 1922, 226 § 1.

Sect. 19 amended, 1921, 246; 1922, 226 § 2.

Sect. 57A added, 1922, 184 (relative to appropriations for the mainte-
nance of municipal light plants).

Sect. 63 amended, 1923, 85.

Sect. 77 amended, 1921, 48.

Sect. 84 amended, 1923, 90.

Sect. 116 amended, 1923, 162.

Sect. 119 amended, 1921, 404.

Chapter 165. — Water and Aqueduct Companies.

Temporary act, in force until June 1, 1925, relative to the rate of interest
on bonds of gas, electric and water companies, 1920, 581, 634; 1921, 264.

Sect. 13. (Certificates of payment of capital of aqueduct corporations
filed in the office of the State Secretary deemed recorded, see 1922, 151.)

Chapter 166. — Telephone and Telegraph Companies, and Lines for the
Transmission of Electricity.

Sect. 1. (Certificates of payment of capital of telephone and telegraph
companies filed in the office of the State Secretary deemed recorded, see
1922, 151.)

Sect. 4 revised, 1921, 230 § 2.

Chapter 167. — Banks and Banking.

Sect. 2 revised, 1922, 363 § 1; amended, 1923, 406 § 1.
Sect. 8 revised, 1922, 367.
Sect. 9 amended, 1922, 104.
Sect. 12 amended, 1921, 78 § 1; 1922, 114.
Sect. 13 amended, 1921, 78 § 2.
Sect. 15 amended, 1921, 1.53; repealed, 1923, 40 § 2.
Sect. 21 repealed, 1922, 411.
Sects. 22-35. See 1922, 291.
Sect. 24 amended, 1922, 488 § 1.
Sect. 31 amended, 1921, 471.
Sect. 37. See 1922, 114.

Sects. 46 and 47 added, 1922, 312 (fixing responsibility and providing
additional penalties for \iolation of laws relative to banks).

Chapter 168. — Savings Banks.

Sect. 10. (Certificates and articles of organization of savings banks filed
in the office of the State Secretar\- deemed recorded, see 1922, 151.)

Sect. 14 amended, f922, 2.58 § 1.

Sect. 14A added, 1922, 258 § 2 (providing for the election of trustees of
savings banks in groups).

Sect. 24 revised, 1922, 265 § 1.

Sect. 31A added, 1923, 40 § I (limiting the restriction on joint accounts
in banks to those in savings banks).

Chaps. 100-171.1 GENERAL LaWS. 659

Sect. 32A added, 1921, 79 (authorizing savings banks to establisli aTid
maintain safe deposit vaults).

Sect. 33A added, 1923, 37 (permitting savings hanks to transmit money
to another state or country).

Sect. 43 amended, 1923, 302 § 87.

Sect. 51 amended, 1921, 292 § 1; revised, 1922, 408 § 1.

Sect. 51 A added, 1922, 408 § 2 (requiring savings banks to make loans
to depositors on deposit books).

Sect. 54, cl. Sixth amended, 1921, 229; 1922, 159 § 1; cl. Ninth (c)
amended, 1922, 159 § 2; cl. Ninth (e) (3) amended, 1922, 159 § 3.

Chapter 169. — Deposits with Others Than Banks.

Sect. 1 revised, 1923, 473 § 1.
Sect. 2 revised, 1923, 473 § 2.
Sect. 3 revised, 1923, 473 § 3.
Sect. 12 revised, 1923, 473 § 4.

Sect. 15A added, 1923, 473 § 5 (regulating the dealing in foreign ex-
change by foreign bankers, so-called).
Sect. 16 revised, 1923, 473 § 6.
Sect. 18 revised, 1923, 473 § 7.

Chapter 170. — Co-operative Banks.

Certificates and articles of organization of co-operative banks filed in the
office of the State Secretary deemed recorded, see 1922, 151.
Sect. 7 amended, 1923, 100.
Sect. 12 amended, 1921, 242.
Sect. 19 amended, 1922, 208.
Sect. 27 amended, 1921, 211.

Sect. 31 amended, 1921, 158; 1922, 212; 1923, 21.
Sect. 41 amended, 1921, 157 § 1.
Sect. 42 amended, 1921, 157 § 2.
Sect. 47 amended, 1922, 256.

Chapter 171. — Credit Unions.

Certificates and articles of organization of credit unions filed in the
office of the State Secretary deemed recorded, see 1922, 151.

Sect. 2 amended, 1922, 147 § 1; 1923, 38.

Sect. 4A added, 1923, 294 § 1 (permitting domestic corporations, volun-
tary associations and partnerships to become limited members of credit
unions).

Sect. 5 amended, 1923, 294 § 2.

Sect. 0 amended, 1923, 294 § 3.

Sect. 13 amended, 1922, 147 § 2.

Sect. 14 amended, 1922, 147 § 3.

Sect. 15, first paragraph amended, 1922, 147 § 4.

Sect. 16A added, 1923, 143 § 1 (providing for a reserve fund for credit
unions).

Sect. 17 amended, 1922, 147 § 5; 1923, 294 § 4.

Sect. 23 amended, 1923, 54, 143 § 2.

Sect. 27 revised, 1923, 55.

660 Changes in the [Chaps. i72, 175.

Chapter 172. — Trust Companies.

Certificates and articles of organization of trust companies and certificates
of increase and reduction of capital filed in the office of the State Secretary
deemed recorded, see 1922, 151.

Sect. 4 amended, 1923, 41. (See 1923, 121.)

Sect. 5 amended, 1922, 263 § 1.

Sect. 10 amended, 1922, 263 § 2.

Sect. 11 revised, 1922, 293.

Sect. 13 amended, 1922, 265 § 2.

Sect. 14 amended, 1921, 352.

Sects. 20-22 repealed, 1923, 406 § 2.

Sect. 23 repealed, 1922, 363 § 2.

Sect. 24 revised, 1922, 488 § 2.

Sect. 25 amended, 1922, 488 § 3.

Sects. 28-30 repealed, 1923, 406 § 2.

Sect. 30A added, 1922, 310 (subjecting interdepartment transfers of
assets by trust companies to the supervision of the Commissioner of Banks).

Sect. 39 amended, 1922, 264.

Sect. 40 amended, 1921, 194.

Sect. 41 revised, 1922, 321.

Sect. 44 amended, 1922, 292.

Sect. 46 revised, 1922, 396.

Sect. 65 amended, 1922, 365.

Sect. 66 amended, 1921, 292 § 2; revised, 1922, 468 § 3.

Sect. 66A added, 1922, 468 § 4 (requiring savings departments of trust
companies to make loans to depositors on deposit books).

Sect. 73 amended, 1922, 294.

Sect. 76 amended, 1922, 291.

Sect. 80 revised, 1922, 394.

Chapter 175. — Insurance.

Certificates and articles of organization and amendment relative to in-
surance companies filed in the office of the State Secretary deemed recorded,
see 1922, 151.

Sect. 1 amended, 1921, 165 § 1.

Sect. 2 A added, 1921, 277 § 1 (relative to contracts of reinsurance).

Sect. 8A added, 1923, 197 (extending the authority of the commissioner
of insurance relative to hearings).

Sect. 9 amended, 1921, 213.

Sect. 13 repealed, 1923, 39 § 3.

Sect. 14 amended, 1921, 166.

Sect. 19A added, 1921, 172 (relative to the merger of insurance com-
panies); revised, 1923, 192.

Sect. 20 amended, 1921, 277 § 2.

Sect. 25, Form A, Item 32 (6) revised, 1921, 165 § 2; first paragraph
amended, 1923, 86.

Sect. 31A added, 1923, 373 (extending the territory within which in-
surance business may be transacted by domestic insurance companies
otherwise restricted by their charters).

Sect. 32 revised, 1921, 190.

Chap. 175] GENERAL LaWS. 661

Sect. 37 amoiuled, 1921, 144.

Sects. 3S-i3 repealed, 1923, 120.

Sect. 46A added, 1922, 407 (giving preference to certain claims against
insolvent domestic liability insurance companies).

Sect. 4GB added, 1923, 118 § 2 (requiring domestic insurance companies
to file copies of their by-laws and amendments with the commissioner of
insurance).

Sect. 47, cl. Second amended, 1921, 198; cl. Fourteenth added, 1921,
215 § 1 (authorizing writing of insurance in foreign countries); cl. Fifteenth
added, 1921, 277 § 3 (relating to reinsurance).

Sect. 48 amended, 1921, 215 § 2; 277 § 4; 1923, 39 § 1.

Sect. 49 amended, 1921, 277 § 5.

Sect. 51, cl. (a) amended, 1923, 39 § 2.

Sect. 53 repealed, 1922, 76.

Sect. 54, cl. (b) revised, 1923, 153.

Sect. 55. See 1921, 486 § 30.

Sect. 60. See 1922, 77.

Sect. 63, cl. 7 (a) added, 1921, 215 § 3; revised, 1923, 297 § 1.

Sect. 65 amended, 1923, 297 § 2.

Sect. 66 revised, 1923, 297 § 3.

Sect. 80 amended, 1921, 160.

Sect. 81 affected, 1921, 372.

Sect. 93 amended, 1921, 486 § 30.

Sect. 94 amended, 1922, 77.

Sect. 99, cl. First revised, 1923, 137.

Sect. 100 amended, 1923, 152, 198 § 1.

Sect. 103 repealed, 1923, 336 § 2.

Sect. 110 amended, 1921, 136.

Sect. 112 revised, 1923, 149 § 1.

Sect. 113 revised, 1923,. 149 § 2.

Sect. 118 amended, 1921, 167.

Sect. 119A added, 1921, 168 (to protect persons entitled to the proceeds
of life insurance and aimuity policies, and the income therefrom, when re-
tained by life insurance companies).

Sect. 132, provision 2 revised, 1922, 75; amended, 1923, 195.

Sect. 133 amended, 1921, 141.

Sect. 150 amended, 1921, 372.

Sect. 156 amended, 1922, 81.

Sect. 159 amended, 1922, 417 § 2.

Sect. 172 A added, 1923, 354 (authorizing the commissioner of insurance
to license voluntary associations as insurance agents, brokers and adjusters).

Sect. 174A added, 1922, 69 (relative to notices of hearings before the
Commissioner of Insurance and of the revocation or suspension of licenses).

Sect. 174B added, 1923, 116 (requiring insurance agents, brokers and
adjusters to surrender their licenses upon revocation).

Sect. 178 amended, 1923, 362 § 88.

Sect. 187A added, 1922, 408 (relative to the limitation of actions on
policies of insurance).

Sects. 187B-187D added, 1923, 336 § 1 (relative to the cancellation of
insurance policies).

Sect. 193A added, 1922, 417 § 1 (relative to the enforcement of the
insurance laws).

662 Changes in the [Chaps. i76-is3.

Chapter 176. — Fraternal Benefit Societies.

Certificates of organization and amendment of fraternal benefit societies
filed in the office of the State Secretary deemed recorded, see 1922, 151.

Sect. 39A added, 1921, 295 (relative to the valuation of .securities held
by fraternal benefit societies).

Sect. 45 amended, 1922, 90.

Sect. 46 revised, 1921, 155 § 1; amended, 1922, 494.

Sect. 46A added, 1921, 155 § 2 (relative to the payment of disability
benefits by subordinate lodges).

Chapter 177. — Assessment Insurance.

Certificates of organization and amendment of assessment insurance com-
panies filed in the office of the State Secretary deemed recorded, see 1922,
151.

Chapter 178. — Savings Bank Life Insurance.

Sect. 11 amended, 1922, 79 § 1.

Sect. 21 revised, 1921, 416; amended, 1922, 79 § 2.

Chapter 179. — Proprietors of Wharves, Real Estate lying in Common,

and General Fields.

Certificates of organization of proprietors of wharves and real estate
lying in common filed in the office of the State Secretary deemed recorded,
see 1922, 151.

Chapter 180. — Corporations for Charitable and Certain Other Purposes.

Certificates of organization and amendment of certain corporations filed
in the office of the State Secretary deemed recorded, see 1922, 151.
Sect. 20 amended, 1923, 252 § 1.
Sect. 23 amended, 1923, 252 § 2.

Chapter 181. — Foreign Corporations.

Sect. 1 amended, 1921, 486 § 31.
Sect. 6 amended, 1923, 28.
Sect. 10. See 1923, 290 § 4.

Chapter 182. — Voluntary Associations.

Sect. 1 amended,* 1921, 368 § 1. (See 1921, 368 § 3.)
Sect. 2 revised, 1922, 272.

Sect. 12 added,* 1921, 368 § 2 (suits against voluntary associations).
(See 1921, 368 § 4.)

Chapter 183. — Alienation of Land.

Sect. 49 amended, 1923, 71.
Sect. 52 amended, 1923, 96.

* Rejected on referendum.

Chaps. 185-193.] GENERAL LawS. 663

Chapter 185. — The Land Court and Registration of Title to Land.

Sect. 10 ainonded, 1923, 374 § 1.

Sect. 12 revised, 1923, 374 § 2.

Sect. 14 amended, 1921, 486 § 32; revised, 1923, 385.

Sect. 45 amended, 1923, 374 § 3.

Sect. 53 amended, 1921, 117.

Sect. 103 amended, 1923, 362 § 89.

Chapter 186. — Estates for Years and at Will.

Temporary act, in force until May 1, 1924, relative to termination of
tenancies at will, 1919, 257; 1920, 538; 1921, 489; 1922, 357 § 1; 1923, 11.

Temporarv act, in force until May 1, 1924, penalizing lessors for violation
of certain rights of tenants, 1920, 555; 1921, 491; 1922, 357 § 2; 1923, 6.

Temporary act, in force until May 1, 1924, providing discretionary stay
of proceedings in actions of summary process, 1920, 577; 1921, 490; 1922,
357 § 3; 1923, 36 § 2.

Temporary act, in force until May 1, 1924, abolishing fictitious costs,
so-called, in certain actions of summary process, 1923, 36 § 1.

Unjust, unreasonable and oppressive rent agreements unenforceable,
1920, 578; amended, 1921, 452, rendering unenforceable agreements raising
rent because of increase in tenant's family; duration of act extended to
July 1, 1923, 1921, 488; 1922, 357 § 4.

Sect. 12 affected temporarilv, 1919, 257; 1920, 538; 1921, 489; 1922,
357 § 1; 1923, 11.

Chapter 190. — Descent and Distribution of Real and Personal Property.

Short form of certain fiduciary bonds, direct enforcement of same in
equity in the probate court and dispensing with the practice of issuing and
recording letters of appointment, see 1922, 512.

Chapter 191. — Wills,

Short form of certain fiduciary bonds, direct enforcement of same in
equity in the probate court and dispensing with the practice of issuing and
recording letters of appointment, see 1922, 512.

Chapter 192. — Probate of Wills and Appointment of Executors.

Short form of certain fiduciary bonds, direct enforcement of same in
equity in the probate coiu't and dispensing with the practice of issuing and
recording letters of appointment, see 1922, 512.

Chapter 193. — Appointment of Administrators.

Short form of certain fiduciary bonds, direct enforcement of same in
equit\- in the probate court and dispcjising with the practice of issuing and
recording letters of appointment, see 1922, 512.

Sect. 7 amended, 1921, 64.

664 Changes in the [Chaps. 194-201.

Chapter 194. —Public Administrators.

Short form of certain fiduciary bonds, direct enforcement of same in
equity in the probate court and dispensing with the practice of issuing and
recording letters of appointment, see 1922, 512.

Chapter 195. — General Provisions relative to Executors and Adminis-
trators.

Short form of certain fiduciary bonds, direct enforcement of same in
equity in the probate court and dispensing with the practice of issuing and
recording letters of appointment, see 1922, 512.

Chapter 196. — Allowances to Widows and Children, and Advancements.

Short form of certain fiduciary bonds, direct enforcement of same in
equity in the probate court and dispensing with the practice of issuing and
recording letters of appointment, see 1922, 512.

Chapter 197. — Payment of Debts, Legacies and Distributive Shares.

Short form of certain fiduciary bonds, direct enforcement of same in
equity in the probate court and dispensing with the practice of issuing and
recording letters of appointment, see 1922, 512.

Chapter 198. — Insolvent Estates of Deceased Persons.

Short form of certain fiduciary bonds, direct enforcement of same in
equity in the probate court and dispensing with the practice of issuing and
recording letters of appointment, see 1922, 512.

Sect. 7A added, 1922, 175 § 1 (relative to the allowance of claims of
creditors receiving preferences).

Sects. lOA-lOC added, 1922, 175 § 2 (relative to preferences made by
persons dying insolvent).

Chapter 199. — Settlements of Estates of Deceased Non-Residents .

Short form of certain fiduciary bonds, direct enforcement of same in
equity in the probate court and dispensing with the practice of issuing and
recording letters of appointment, see 1922, 512.

Chapter 200. — Settlement of Estates of Absentees.

Short form of certain fiduciary bonds, direct enforcement of same in
equity in the probate court and dispensing with the practice of issuing and
recording letters of appointment, see 1922, 512.

Chapter 201. — Guardians and Conservators.

Short form of certain fiduciary bonds, direct enforcement of same in
equity in the probate court and dispensing with the practice of issuing and
recording letters of appointment, see 1922, 512.

Sect. 3 revised, 1922, 461.

Chai's. 202-20S.] General Laws. 665

Chapter 202. - Sales, Mortgages and Leases of Real Estate by Executors,
Administrators, Guardians and Conservators.

Short form of certain fiduciary bonds, direct enforcement of same in
equity in the jirohate court and dispensing witli the practice of issuing and
recording letters of appointment, see 1922, 0 12.

Sect. 19 amended, 1923, 321.

Chapter 203. — Trusts.

Short form of certain fiduciary bonds, direct enforcement of same in
equity in the probate court and dispensing with tlie practice of issuing and
recording letters of appointment, see 1922, 512.

Chapter 204. — General Provisions relative to Sales, Mortgages, Releases,
Compromises, etc., by Executors, etc.

Short form of certain fiduciary bonds, direct enforcement of same in
equity in the probate court and dispensing with the practice of issuing and
recording letters of appointment, see 1922, 512.

Sect. 23 amended, 1921, 44 § 1.

Sect. 24 amended, 1921, 44 § 2.

Sect. 25 amended, 1921, 44 § 3.

Sect. 26 amended, 1921, 44 § 4.

Chapter 205. — Bonds of Executors, Administrators, Guardians, Con-
servators, Trustees and Receivers.

Short form of certain fiduciary bonds, direct enforcement of same in
equity in the probate court and dispensing with the practice of issuing and
recording letters of appointment, see 1922, 512.

Sect. 1. See 1922, 512.

Sect. 6A added, 1923, 259 (relative to bonds required of national banks
as fiduciaries).

Sect. 7A added, 1922, 512 (relative to certain fiduciary bonds in the
probate court).

Sects. 20-35. See 1922, 512.

Chapter 206. — Accounts and Settlements of Executors, Administrators,
Guardians, Conservators, Trustees and Receivers.

Short form of certain fiduciary bonds, direct enforcement of same in
equity in the probate court and dispensing with the practice of issuing and
recording letters of appointment, see 1922, 512.

Sect. 23 A added, 1922, 59 (issuing of citations on probate accounts).

Chapter 207. — Marriage.

Sect. 25 amended, 1922, 98; 1923, 305 § 1.
Sect. 33 amended, 1923, 305 § 2.

Chapter 208. — Divorce.

General provisions of law governing libels for divorce brought in the
superior court made applicable to such libels when commenced in the
probate court, see 1922, 532 § 6.

666 Changes in the [Chaps. 209-214.

Sect. G amended, 1921, 400 § 1; 1922, 5.32 § 5; revised, 1922, 542 § 1.

Sect. 6A added, 1922, 5.32 § 0 (making? the general provisions of law
governing libels for divorce brought in the superior court appHeal)le to such
libels when commenced in the probate court).

Sect. 8 amended, 1923, 00.

Sect. 9A added, 1921, 400 § 2 (transfer from the superior to the probate
court of uncontested divorce libels); repealed, 1922, 542 § 3.

Chapter 209. — Husband and Wife.

Sect. 32 revised, 1921, 50.

Sects. 32A-32C added, 1922, 242 (naming of third parties in proceedings
for separate support).

Chapter 211. — The Supreme Judicial Court.

Provision for the publication and sale of advance sheets of the opinions
and decisions of the Supreme Judicial Court, see 1923, Resolve 30.

As to the transfer of causes within the concurrent jurisdiction of the
superior court or the probate court and of the supreme judicial court, see
1922, 532 § 1.

Sect. 22. See 1923, 375.

Sect. 23 revised, 1922, 228 § 2.

Chapter 212. — The Superior Court.

As to the transfer of causes within the concurrent jurisdiction of the
sujjerior court or the probate court and of the supreme judicial court, see
1922, 532 § 1.

As to concurrent jurisdiction of divorce libels in the superior and probate
courts, see 1922, 532 §§ 4, 5, 7; 542.

Temporary act, inoperative after July 1, 1920, providing for the more
prompt disposition of criminal cases in the superior court, see 1923, 409.

Sect. 1 amended, 1922, 532 § 3.

Sect. 3 amended, 1922, 532 § 4. (See 1922, 532 § 5.)

Sect. 14 amended, 1921, 35, 327.

Sect. 10 amended, 1922, 532 § 11.

Sect. 17 amended, 1923, 202 § 1.

Sect. 18A added, 1921, 350 § 1 (authorizing sittings of the Superior
Court at Quincy); repealed, 1923, 202 § 2.

Sect. 19 A added, 1922, 533 (providing for the appointment of a special
master by the superior court).

Chapter 214. — Equity Jurisdiction and Procedure in the Supreme Judicial

and Superior Courts.

Sect. 3 cl. (7). See 1922, 480 § 1 subsect. 44; cl. (10) revised, 1923,
149 § 3.
Sect. 13 amended, 1921, 431 § 1.
Sect. 32 revised, 1922, 532 § 1.
Sect. 33 repealed, 1922, 532 § 2.

Chaps. 215-21S.] GENERAL LawS. 667

Chapter 215. — Probate Courts.

As to the transtVr of causes Avithin the concurrent jurisdiction of the
sup)erior court or tlie probate court and of the supreme judicial court, see

1922, -yS2 § 1.

As to concurrent juris(Hction of (Hvorce Hhels in tlie superior and probate
courts, see 1922, 5:i2 §§ 4, 5, 7; 542.

Short form of ct>rtain fi(hiciary bonds, (Hrect enforcement of same in
equity in the probate court and dispensing with the practice of issuing and
recording letters of appointment, see 1922, 512.

Sect. 3 amended, 1921, 466 § 3; 1922, 532 § 7; revised, 1922, 542 § 2.

Sect. 18 revised, 1923. 392.

Sect. 56A added, 1923, 432 (relative, to the appointment by judges of
probate of guardians ad litem in certain proceedings).

Sect. 62 amended, 1922, 41, 257; 1923, 325 § 1, 483.

Chapter 217. — Judges and Registers of Probate and Insolvency.

Sect. 23 amended, 1923, 164 § 1.

Sect. 24 amended, 1923, 164 § 2.

Sect. 25 amended, 1923, 164 § 3.

Sect. 33 revised, 1921, 42 § 1; amended, 1923, 362 § 90.

Sect. 34 amended, 1923, 383 § 1.

Sect. 36 amended, 1922, 333 § 4; 1923, 362 § 91.

Sect. 37 revised, 1921, 364; amended, 1923, 383 § 2.

Sect. 39 amended, 1921, 42 § 2.

Sect. 40 amended, 1923, 384.

Chapter 218. ^ District Courts.

As to jurisdiction and procedure in civil cases in district courts other
than the municipal court of the city of Boston, see 1922, 532 § 8.

Police courts to be known as district courts, 1921, 430 § 1.

Temporary act, inoperative after July 1, 1926, providing that certain
justices of district courts sit in criminal cases in the superior court, see

1923, 469.

Sect. 1 amended, 1921, 430 § 1; 1923, 243 § 1.

Sect. 10 revised, 1921, 287; 1922, 63; amended, 1923, 164 § 4; revised,
1923, 314 § 1; amended, 1923, 379 § 1.

Sect. 11 amended, 1922, 156.

Sect. 19 revised, 1922, 532 § 12A.

Sect. 21 amended, 1922, 99 § 1.

Sect. 43 amended, 1922, 532 § 9.

Sect. 43A added, 1922, 532 § 10 (establishing an administrative com-
mittee of district courts).

Sect. 53 amended, 1922, 309 § 1; 1923, 323 § 1.

Sect. 55 revised, 1921, 486 § 33.

Sect. 62 amended, 1921, 284 § 1; revised, 1922, 299 § 1; 1923, 448 § 1.

Sects. 69-73 as amended by 1921, 430 § 1; 465 § 1; superseded by new
sections 69 and 70. (See 1922, 399 §§ 1-3).

Sect. 69 amended, 1921, 430 § 1; revised, 1922, 399 § 1.

Sect. 70 amended, 1921, 430 § 1; revised, 1922, 399 § 2.

Sect. 71 revised, 1921, 465 § 1; repealed, 1922, 399 § 3.

668 Changes in the [Chaps. 219-223.

Sect. 71A added, 1921, 334 § 1 (relating to extra clerical assistance for
district court of Springfield); repealed, 1922, 399 § 3.

Sect. 71B added, 1921, 334 § 2 (relating to extra clerical assistance for
district court of Hampshire); repealed, 1922, 399 § 3.

Sect. 71C added, 1921, 464 § 1 (relative to clerical assistance for the
municipal court of the Roxbury district); repealed, 1922, 399 § 3.

Sect. 71D added, 1921, 465 § 2 (relative to clerical assistance for the
municipal court of the Brighton district); repealed, 1922, 399 § 3.

Sect. 72 repealed, 1922, 399 § 3.

Sect. 73 amended, 1921, 430 § 1; repealed, 1922, 399 § 3.

Sect. 75 amended, 1921, 284 § 2; 1922, 309 § 2; revised, 1923, 323 § 2;
amended, 1923, 448 § 2. (See 1923, 479 § 2.)

Sect. 76 amended, 1921, 355 § 1. (See 1923, 479 § 2.)

Sect. 77 revised, 1923, 326 § 1. (See 1923, 479 § 2.)

Sect. 78 amended, 1923, 479 § 1.

Sect. 79 amended, 1923, 379 § 2.

Sect. 80 revised, 1921, 355 § 2.

Sect. 83 amended, 1921, 321 § 1; revised, 1923, 322.

Chapter 219. — Trial Justices.
Sect. 17 amended, 1922, 364 § 1.

Chapter 221. — Clerks, Attorneys and Other Officers of Judicial Courts.

Sect. 1 amended, 1922, 487 § 1.

Sect. 4 amended, 1921, 305; 1923, 164 § 5; revised, 1923, 206 § 1.
Sect. 5 amended, 1923, 164 § 6.
Sect. 6 amended, 1921, 236.
Sect. 7 amended, 1922, 423 § 1.
Sect. 14 amended, 1922, 423 § 2.
Sect. 20 amended, 1922, 53.

Sect. 37 amended, 1921, 290 § 1. (See 1922, 493, permitting certain
aliens to take examinations for admission to the bar.)
Sect. 39 amended, 1921, 290 § 2.
Sect. 55 amended, 1921, 163.
Sect. 69 amended, 1923, 407 § 1.
Sect. 70 amended, 1923, 324 § 1.
Sect. 71 amended, 1923, 352 § 1.
Sect. 72 amended, 1923, 407 § 2.
Sect. 75 amended, 1921, 423.
Sect. 90 repealed, 1922, 228 § 1.
Sect. 93 amended, 1922, 487 § 2.
Sect. 95 amended, 1923, 206 § 2.
Sect. 96 amended, 1921, 486 § 34.

Chapter 222. — Justices of the Peace, Notaries Public and Commissioners.
Sect. 2 repealed, 1923, 164 § 7.

Chapter 223. — Commencement of Actions, Service of Process.

Sect. 1 amended, 1921, 432.
Sect. 2 amended, 1922, 99 § 2.
Sect. 7 amended, 1923, 111.

Chaps. 224-235.] GENERAL LaWS. 669

Sect. 25 amended, 1921, 338.

Sect. 39. See 1921, 486 § 37.

Sect. 40 amended,* 1921, 368 § 3.

Sect. 40A added,* 1921, 368 § 4 (service in suits against voluntary
associations).

Sect. 45A added, 1921, 425 § 1 (security for officers making attachments).

Sect. 129A added, 1921, 425 § 2 (release by officer of personal property
attached upon filing of bond).

Chapter 224. — Arrest on Civil Process.

Sect. 8 amended, 1923, 33.

Sect. 18A added, 1921, 425 § 3 (.security to officers arresting on civil
process).

Sect. 59 amended, 1923, 34.

Chapter 229. — Actions for Death and Injuries resulting in Death.

Sect. 2 amended, 1921, 486 § 35.
Sect. 5 amended, 1922, 439.

Chapter 231. — Pleading and Practice.

Sect. 18 amended, 1921, 431 § 2.

Sect. 59A added, 1922, 509 § 1 (relating to the speedy trial of cases in
the supreme judicial and superior courts).

Sect. 63 revised, 1922, 314.

Sect. 97 amended, 1922, .532 § 12.

Sect. 103 amended, 1921, 486 § 36.

Sects. 104-110 affected, 1921, 486 § 36.

Sects. IIOA-IIOC added, 1922, 532 § 8 (relative to jurisdiction and
procedure in civil cases in district courts other than the municipal court of
the city of Boston).

Sect. 115 revised, 1923, 5.

Chapter 233. — Witnesses and Evidence.
Sect. 1 amended, 1923, 263.

Chapter 234. — Juries.

Provision for an investigation as to jury service in the courts of the com-
monwealth and as to making women eligible for such service, see 1923,
Resolve 53.

Sect. 1 amended, 1923, 413 § 1.

Sect. 3 amended, 1921, 455 § 2.

Sect. 3 A added, 1921, 455 § 1 (postponement of jury service).

Chapter 235. — Judgment and Execution.

Sect. 35 revised, 1921, 425 § 4 (security for officers taking property on
execution).

* Rejected on referendum.

670 Changes in the [Chaps. 239-262.

Chapter 239. — Summary Process for Possession of Land.

Temporary act, in force until May 1, 1924, relative to termination of
tenancies at will, 1919, 257; 1920,538; 1921,489; 1922, 357 §1; 1923,11.

Temporary act, in force until May 1, 1924, granting discretionary stay
of proceedings in actions of summary process, 1920, 577; 1921, 490; 1922,
357 § 3; 1923, 36 § 2.

Temporary act, in force until May 1, 1924, abolishing fictitious costs,
so-called, in certain actions of summary process, 1923, 36 § 1.

Chapter 246. — Trustee Process.

Sect. 4 A added, 1921, 417 (relative to trustee suits in district courts).
Sect. 6 amended, 1921, 486 § 37.
Sect. 10 amended, 1922, 93.

Chapter 252. — Improvement of Low Land and Swamps.

Sects. 1-14, as amended by 1922, 349 §§ 1-9, and section 14A, inserted
by 1922, 349 § 10, superseded by sections 1-14B, inserted by 1923, 457 § 1.

Sect. 1 amended, 1922, 349 § 1.

Sect. 2 amended, 1922, 349 § 2.

Sect. 4 amended, 1922, 349 § 3.

Sect. 5 amended, 1922, 349 § 4.

Sect. 6 amended, 1922, 349 § 5.

Sect. 7 amended, 1922, 349 § 6.

Sect. 8 amended, 1922, 349 § 7.

Sect. 9 amended, 1922, 349 § 8.

Sect. 11 revised, 1922, 349 § 9.

Sect. 14A added, 1922, 349 § 10 (relative to expenditures for improve-
ments and maintenance of drainage districts).

Chapter 263. — Mills, Dams and Reservoirs.
Sect. 45 amended, 1923, 334 § 2.

Chapter 255. — Mortgages, Conditional Sales and Pledges of Personal
Property, and Liens thereon.

Sect. 1 amended, 1921, 233.

Chapter 260. — Limitation of Actions.
Sect. 4 amended, 1921, 319.

Chapter 262. — Fees of Certain OflOicers.

Sect. 8 amended, 1921, 259.
Sect. 39 revised, 1923, 374 § 4.
Sect. 50. See 1922,377 § 1.
Sect. 53 amended, 1922, 377 § 1.
Sect. 56 amended, 1922, 377 § 2.

Chaps. 203-270.] GENERAL LaWS. 671

Chapter 263. — Rights of Persons Accused of Crime.

Sect. S.\ addod, 1922, 4.32 (prr venting- douhh^ trials in district courts
and before trial justices).

Chapter 264. — Crimes against Governments.
Sect, o amended, 1921, 278; 1922, 227.

Chapter 265. — Crimes against the Person.

Sect. 14, amended, 1923, 2S0.

Sect. 24A, added 1923, 339 (relative to the venue of certain specific
crimes).

Chapter 266. — Crimes against Property.

Sect. 27A added, 1923, 347 § 1 (penalizing the removal or concealment
of automobiles with intent to defraud the insurers).

Sect. 29 amended, 1923, 347 § 2.

Sect. 52 revised, 1922, 313 § 1.

Sect. 53A added, 1922, 313 § 2 (providing for the punishment of certain
crimes relating to banks and banking).

Sect. 55 revised, 1922, 313 § 3.

Chapter 268. — Crimes against Public Justice.

Sect. 8 amended, 1923, 451.

Sect. 8A added, 1923, 241 (relative to bribing police officers).

Sect. 33 amended, 1922, 52.

Chapter 269. — Crimes against Public Peace.

Sect. 9 repealed, 1923, 248 § 2.
Sect. 10 revised, 1923, 248 § 1.
Sect. 12 amended, 1922, 485 § 10.

Chapter 271. — Crimes against Public Policy.

Sect. 17 revised, 1922, 315.

Chapter 272. — Crimes against Chastity, Morality, Decency and Good

Order.

Sect. 86 affected, 1921, 109.

Chapter 273. — Desertion, Non-Support and Bastardy.
Sect. 4 revised, 1922, 397.

Chapter 276. — Search Warrants, Rewards, Fugitives from Justice, Arrest,
Examination, Commitment and Bail. Probation Officers and Com-
mission on Probation.

Provision for an inquiry as to the results of probation, see 1923, Resolve
55.

Sect. 57 amended, 1922, 464 § 1; revised, 1923, 436 § 1.

672 Changes in the General Laws. [Chaps. 277-282.

Sect. 60 amended, 1923, 436 § 2.
Sect. 61 revised, 1922, 465 § 1.

Sects. 61 A and 61 B added, 1922, 465 § 2 (relating to bail in criminal
ca.ses).

Sect. 63 revised, 1922, 465 § 3.
Sect. 81 amended, 1922, 361 § 1.

Chapter 277. — Indictments and Proceedings before Trial.

Sects. 1-14. See 1922, 466.

Sect. 2 A added, 1922, 466 (providing for special grand juries).
Sect. 57A added, 1923, 340 (relative to the venue of crimes in general).
Sects. 70A and 70B added, 1922, 458 (regulating the disposition with-
out trial of criminal cases).

Chapter 278. — Trials and Proceedings before Judgment.

Sect. 13 amended, 1921, 262.

Sect. 16A added, 1923, 251 (protecting witnesses under the age of seven-
teen at trials for certain crimes).
Sect. 29 revised, 1922, 508 § 1.

Chapter 279. — Judgment and Execution.

Sect. 11 amended,* 1922, 427 § 27.

Chapter 281. — The General Laws and their Effect.
Sect. 9 amended, 1921, 486 § 38.

Chapter 282. — Express Repeal of Certain Acts and Resolves.

For additional acts and resolves repealed, see 1921, 486 § 39.
Certain acts repealed In^ this chapter are revived and re-enacted, 1921,
486 § 40.

* Rejected on referendum.

Changes in the Annual Laws. 673

II
CHANGES IN THE ANNUAL LAWS

1931

Chap.

35 See 1921, 327. G. L. 212.

42 § 1, see 1923, 362 § 90. G. L. 217.

51 See 1923, 136. G. L. 149.

7S § 1, see 1922, 114. G. L. 167.

80 Revised 1923, 122. G. L. 40.

89 § 2, see 1923, 155 § 2. G. L. 94.

92 See 1922, 274. G. L. 73.

94 See 1922, 186 § 2. G. L. 94.

95 § 1, revised, 1923, 196 § 1. G. L. 94.
95 § 2, see 1923, 196 § 2. G. L. 94.

106 § 1, see 1923, 102 § 1. G. L. 101.

106 § 2, see 1923, 102 § 2. G. L. 101.

112 § 2, see 1923, 362 § 63. G. L. 81.

113 § 1, see 1923, 287 § 4. G. L. 62.

114 § 6, see 1923, 131 § 16. G. L. 56.
114 § 7, see 1923, 131 § 18. G. L. 56.
114 § 8, see 1923, 131 § 19. G. L. 56.
116 § 1, see 1922, 161. G. L. 130.
123 See 1922, 339 § 2. G. L. 63.

152 See 1922, 117 § 2; revised, 1922, 160. G. L. 131.

153 Repealed, 1923, 40 § 2. G. L. 167.
155 § 1, see 1922, 494. G. L. 176.

158 See 1922, 212; 1923, 21. G. L. 170.

165 § 2, see 1923, 86. G. L. 175.

172 Revised, 1923, 192. G. L. 175.

188 Revised, 1923, 268 § 4. G. L. 130.

189 Revised, 1921, 434, 483; amended, 1922, 342 § 2; 1923, 335. G. L. 90.

197 Revised, 1922, 444. G. L. 130.

198 See 1921, 215 § 1, 277 § 3. G. L. 175.

202 See 1921, 389, 474, 486 § 16; 1922, 216, 222, 451. G. L. 59.

209 § 2, see 1923, 131 § 12. G. L. 51.

215 § 1, see 1921, 277 § 3. G. L. 175.

215 § 2, see 1921, 277 § 4; 1923, 39 § 1. G. L. 175.

215 § 3 revised, 1923, 297 § 1. G. L. 175.

222 § 3, see 1922, 229. G. L. 115.

225 See 1923, 362 § 41. G. L. 30.

229 See 1922, 159 § 1. See also 1922, 159 §§ 2, 3. G. L. 168.

238 See 1923, 288 § 2. G. L. 132.

246 See 1922, 226 § 2. G. L. 164.

270 § 1 revised, 1922, 535 § 7. G. L. 123.

674 Changes in the

Cliap.

270 § 2 revised, 1922, 535 § 10. G. L. 123.

273 Revised, 1921, 485 § 2. G. L. 148.

277 § 4, see 1923, 39 § 1. G. L. 175.

278 See 1922, 227. G. L. 264.

282 § 1 revised, 1923, 271 § 3. G. L. 58.

284 § 1 revised, 1922, 299 § 1; 1923, 448 § 1. G. L. 218.

284 § 2, see 1922, 309 § 2; revised, 1923, 323 § 2; amended, 1923, 448 § 2.

G. L. 218.

287 See 1922, 63; 1923, 164 § 4; revised, 314 § 1; amended, 1923, 379

§ 1. G. L. 218.

290 § 1, see 1922, 493. G. L. 221.

292 § 1 revised, 1922, 468 § 1. G. L. 168.

292 § 2 revised, 1922, 468 § 3. G. L. 172.

296 § 2 revised, 1923, 363. G. L. 71.

305 See 1923, 164 § 5; revised, 1923, 206 § 1. G. L. 221.

306 § 3, see 1922, 196. G. L. 23.

313 See 1921, 409; revised, 1922, 340 § 2. G. L. 112.

317 § 2, see 1922, 410 § 4; 1923, 245 § 1. G. L. 123.

321 § 1 revised, 1923, 322 § 1. G. L. 218.

334 §§ 1, 2 repealed, 1922, 399 § 3. G. L. 218.

342 ' See 1923, 362 § 26. G. L. 29.

343 See 1923, 362 § 2. G. L. 3.

350 Repealed, 1923, 262 § 2. G. L. 212.

351 § 1 revised, 1921, 410 § 3. G. L. 149.

359 § 2 subsect. (b) revised, 1923, 459 § 1. G. L. 33.

360 See 1923, 222 § 1. G. L. 71.
364 See 1923, 383 § 2. G. L. 217.

367 § 1 revised, 1922, 366 § 1; 1923, 400 § 1. G. L. 3.

371 §§ 1, 2, see 1921, 486 § 6; 1923, 202, 401. G. L. 40.

375 § 3, see 1922, 362 § 2. G. L. 58.

376 § 1, see 1922, 449 § 1; 1923, 287 § 2. G. L. 62.
389 See 1922, 216. G. L. 59.

403 § 1, see 1923, 464 § 3. G. L. 90.

403 § 2 revised, 1923, 464 § 9. G. L. 90.

409 Revised, 1922, 340 § 2. G. L. 112.

413 Revised, 1923, 479 § 3. G. L. 32.

415 See 1923, 331. G. L. 123.

416 See 1922, 79 § 2. G. L. 178.
420 § 3, see 1923, 472 § 1. G. L. 70.

430 § 1, see 1922, 399 §§ 1-3; 1923, 243 § 1. G. L. 218.

434 Revised, 1921, 483; amended, 1922, 342 § 2; 1923, 335. G. L. 90.

439 § 1, see 1921, 487 §§ 4, 5. G. L. 32.

449 § 2, see 1922, 410 § 3. G. L. 19.

449 § 3, see 1922, 371 § 1. G. L. 30.

449 § 4, see 1922, 371 § 2. G. L. 34.

459 § 1 revised, 1923, 225 § 1. G. L. 8.

459 I 2 amended, 1923, 225 § 2. G. L. 8.

461 See 1922, 331 § 1. G. L. 22.

464 Repealed, 1922, 399 § 3. G. L. 218.

465 §§ 1, 2 repealed, 1922, 399 § 3. G. L. 218.

466 § 1, see 1922, 532 § 5; revised, 1922, 542 § 1. G. L. 208.
466 § 2, repealed, 1922, 542 § 3. G. L. 208.

Annual Laws. 675

Chap.

466 § 3, see 1922, 532 § 7; revised, 1922, 542 § 2. G. L. 215.

474 See 1922, 222. G. L. 59.

480 See 1923, 190 §§ 1, 2. G. L. 32.

483 See 1922, 342 § 2; 1923, 335. G. L. 90.

486 § 2, see 1922, 330. G. L. 14.

486 § 4, see 1921, 487 § 7. G. L. 32.

486 § 6 revised, 1923, 202, 401. G. L. 40.

486 § 7, see 1923, 266. G. L. 40.

486 § 10, see 1923, 346. G. L. 41.

486 § 11, see 1923, 303 § 1. G. L. 44.

486 § 14, see 1923, 131 § 20. G. L. 56.

486 § 15 revised, 1923, 271 § 1. G. L. 58.

486 § 17, see 1923, 362 § 58. G. L. 69.

486 § 19, see 1923, 362 § 60. G. L. 73.

486 § 32 revised, 1923, 385. G. L. 185.

495 See 1922, 22. Superseded bv 1922, 427 § 1 subsect. 64. G. L. 138.

498 § 2, see 1922, 8; 1923, 229 § 1. G. L. 3.

499 § 1 subsect. 5, see 1923, 47. G. L. IIOA.

499 § 1 subsect. 6, see 1922, 435 § 1. G. L. IIOA.

499 § 1 subsect. 7, see 1922, 435 § 2. G. L. IIOA.

499 § 1 subsect. 8, see 1922, 317 § 1; revised, 1922, 435 § 3; amended,

1923, 48. G. L. IIOA.

499 § 1 subsect. 10, par. (b), see 1922, 317 § 2. G. L. IIOA.

499 § 1 subsect. 13, repealed, 1922, 259 § 2. G. L. IIOA.

1932

8 See 1923, 229 § 1. G. L. 3.

22 Superseded by 1922, 427 § 1 subsect. 64. G. L. 138.

24 § 2, see 1923, 362 § 43. G. L. 30.

28 Revised, 1923, 359 § 1. G. L. 44.

34 See 1923, 283. G. L. 58.

41 See 1922, 257; 1923, 325 § 1; 483. G. L. 215.

49 See 1923, 402 § 2. G. L. 63.

63 See 1923, 164 § 4; revised, 1923, 314 § 1; amended, 1923, 379 § 1.
G.L.218.

75 See 1923, 195. G. L. 175.

86 See 1923, 17. G. L. 41.

98 See 1923, 305 § 1. G. L. 207.

117 § 2 revised, 1922, 160. G. L. 131.

147 § 1, see 1923, 38. G. L. 171.

147 § 5, see 1923, 294 § 4. G. L. 171.

148 Revised, 1923, 268 § 3. G. L. 130.
171 § 1 revised, 1923, 307 § 1. G. L. 131.
171 § 2, see 1923, 307 § 3. G. L. 131.
185 Revised, 1923, 288 § 1. G. L. 132.
193 See 1923, 362 § 75. G. L. 123.

202 See 1923, 362 § 65. G. L. 90.

212 See 1923, 21. G. L. 170.

214 § 1, see 1923, 124. G. L. 53.

257 See 1923, 325 § 1; 483. G. L. 215.

259 § 1, see 1923, 362 § 18. G. L. 25,

676 Changes in the

Chap.

285 See 1922, 427 § 1. G. L. 138.

299 § 1 revised, 1923, 448 § 1. G. L. 218.

302 See 1923, 254 § 3; 438 § 5. G. L. 63.

303 § 1, see 1923, 362 § 64. G. L. 90.

303 § 2 ^e^dsed, 1923, 464 § 2. G. L. 90.

304 § 1, see 1923, 211 § 1. G. L. 12.

304 § 2 revised, 1923, 211 § 2; 398 § 2. G. L. 12.

304 § 3, see 1922, 333 § 1 ; 1923, 362 § 17; repealed, 1923, 398 § 3. G. L. 12.

309 § 1, see 1923, 323 § 1. G. L. 218.

309 § 2 revised, 1923, 323 § 2; amended, 1923, 448 § 2. G. L. 218.

317 § 1 revised, 1922, 435 § 3; amended, 1923, 48. G. L. IIOA.

329 § 1, see 1922, 329 § 2, 489. G. L. 62.

333 § 1, see 1923, 362 § 17, repealed, 1923, 398 § 3. G. L. 12.

333 § 2, see 1923, 145 § 2. G. L. 70.

333 § 3, see 1923, 362 § 59. G. L. 70.

333 § 4, see 1923, 362 § 91. G. L. 217.

339 § 3 revised, 1922, 520 § 21. G. L. 65.

341 § 3, revised, 1923, 205 § 1. G. L. 32.

341 § 4 revised, 1923, 205 § 2. G. L. 32.

342 § 2, see 1923, 335. G. L. 90.
347 See 1922, 403 § 1. G. L. 65.

349 §§ 1-10 superseded by 1923, 457 § 1. G. L. 252.

353 § 2 repealed bv 1922, 353 § 4, from and after August 1, 1923. G. L. 129.

354 § 1, see 1923,^290 § 1. G. L. 164.
363 § 1, see 1923, 406 § 1. G. L. 167.
366 § 1 revised, 1923, 400 § 1. G. L. 3.
393 § 1 revised, 1923, 113 § 1. G. L. 111.
395 §§ 1, 2 repealed, 1923, 470 § 3. G. L. 93.
406 See 1923, 399 § 3. G. L. 28.

410 § 4, see 1923, 245 § 1. G. L. 123.

435 § 3, see 1923, 48. G. L. 110 A.

445 § 1 amended, 1923, 459 § 7. G. L. 33.

445 § 2 revised, 1923, 459 § 8. G. L. 33.

464 § 1 revised, 1923, 436 § 1. G. L. 276.

520 § 2 revised, 1923, 378 § 3. G. L. 63.

520 § 5, see 1923, 378 § 4. G. L. 63.

520 § 6, see 1923, 378 § 5. G. L. 63.

520 § 11 revised, 1923, 378 § 7. G. L. 63.

532 § 5 revised, 1922, 542 § 1. G. L. 208.

532 § 7 revised, 1922, 542 § 2. G. L. 215.

537 § 1, see 1923, 477 § 1. G. L. 24.

1933

54 See 1923, 143 § 2. G. L. 171.

152 See 1923, 198 § 1. G. L. 175.

164 § 4 revised, 1923, 314 § 1; amended, 1923, 379 § 1. G. L. 218.

164 § 5 revised, 1923, 206 § 1. G. L. 221.

202 Revised, 1923, 401. G. L. 40.

211 § 2 revised, 1923, 398 § 2. G. L. 12.

254 § 3, see 1923, 438 § 5. G. L. 63.

287 § 1, see 1923, 378 § 1; 487 § 3. G. L. 62.

Annual Laws. 677

Chap.

301 § 2 revised, 1923, 376 § 2. G. L. 10.

311 Revised, 1923, 472 § 2. G. L. 132.

314 § 1, see 1923, 379 § 1. G. L. 218.

323 § 2, see 1923, 448 § 2. G. L. 218.

325 § 1, see 1923, 483. G. L. 215.

362 § 5, see 1923, 493. G. L. 5.

362 § 17 repealed, 1923, 398 § 3. G. L. 12.

®lj? CUommnnmraltli uf MnsBut^nstttB

Office of the Secretary, Boston, September 4, 1923.

I certify that the acts and resolves contained in this volume are true
copies of the originals on file in this department.

I further certify that the table of changes in general laws has been pre-
pared, and is printed as an appendix to this edition of the laws, by direction
of the Joint Committee on Rules of the General Court, in accordance Avith
the provisions of section 51, chapter 3 of the General Laws, as amended by
chapter 197, Acts of 1922.

FREDERICK W. COOK,
Secretary of the Commonwealth.

INDEX

Abatement, betterment assessments, of .... .

taxes, of (see Taxation).

water rates, etc., of ....... .

Academy, Gushing, Trustees of the, authorized to elect women as
trustees .........

Deerfield, act establishing, in town of Deerfield, amended .

Tabor, trustees of, number increased .....

Acceptance of statutes, local (see Statutes).
Accidents, industrial, department of (see Departments).

See also Workmen's compensation.
Accountants, certified public, board of registration of (.see Boards),
registration of ........ .

Chap.
377

391

165

414

342

appropriations ........

Accounts, banks, in (see Banks and banking).

claims, and, unclassified, appropriation .....

director of, in department of corporations and taxation, county

reserve funds, transfers from, to other accounts, approval

by . ....

division of, in department of corporations and taxation (see Divi- •

sions).
municipal, auditing and installing of, appropriation . . . 126

supplementary ........ 494

Actions, venue of (see Venue).

Acts and resolves, approval of certain, withheld by governor

Pages 408, 436, 600
blue book edition, appropriation ...... 126

cumulative index, appropriation ...... 126

number pas.sed by general court ..... Page 600

pamphlet edition, appropriation ...... 126

vetoed by governor ....... Page 600

Acushnet, Fire and Water District, water loan authorized . . 42

water supply to Fairhaven Water Company by . . . 394

town of (see Cities and Towns).
Adams, town of (see Cities and Towns).
Adjusters, insurance (see Insurance).
Adjutant general, appropriation ...... 126

supplementary ......... 494

historical works, certain, relative to war service of Massachusetts

men, copy to, etc. ....... 193

history of Massachusetts' part in World War, special commis-
sion to pro\ade for preparation of, to be member of . 408
militia service at call of sheriffs, mayors or selectmen, expenses

of, certification by ...... . 459

Spanish war, twenty-fifth anniversary of termination of, observ-
ance of, expenditures for, under direction of, etc. Resolve 67
Administration, division of, in department of public health (see
Divi.sions).
finance, and, commission on (see Commissions, Commissioners).
Administrators (see Executors and administrators).
Adulteration of foods, definition enlarged ..... 166

Advertisements, butter substitutes, of, regulated . . . .84

political, use in, of names of political parties, regulated . . 98

referendum petition as to . . . . . . Page 596

Advisory, board, department of agriculture (see Boards),
department of education (see Boards),
committee, in towns, appointment, duties, etc. .... 388

Agassiz, Louis, marker in honor of, erection on Penikese island

Resolve 17
Agents, department of correction, of, employment, compensation,

etc '231

insurance (see Insurance).

470
126
494 310,

126

Item or
Section.

1,2

1-5

310
, Page 562

220-235f

328, 329
328, 329

187
186

185

1-3

1, 2

97-103
98, 99^

1-3

1.2

214

126

275

363

181

145

1,2

472

126

152

680 Index.

Item or
Chap. Section.

Age, old (see Old Age).

Agricultural, College, Massachusetts, appropriation . . . 126 367-372 1

supplementary ........ 494 367

field station of, removal from North Lexington to Waltham,

further investigation as to . . . . Resolve 41

co-operative corporations, without capital stock, incorporation of 438 1-6

education, vocational, in high schools, state reimbursement to

towns for tuition fees . . . . . . .304

information, division of, in department of agriculture (see Di^a-

sions).
school, Bristol county, main school building of, rebuilding, etc. 371 1-3

Essex county, improvements at . . . . . . 207 1-3

Norfolk county, employees of, membership in Norfolk county

retirement association ....... 333 1-3

improvements at ....... . 261 1-3

Agriculture, commissioner of (see Commissions, Commissioners).

department of (see Departments).
Aid, military, payment of ....... . 181

prisoners, discharged, to, agents for, employment, etc., by de-
partment of correction ...... 231 1, 2

relief, and, division of, in department of public welfare (see Divi-
sions) .
state, forest fires, extinguishment of, for, eligibility of certain
towns to ........ .

appropriation ........

high school transportation, for, in certain small towns
payment of ........ .

pensions, and, commissioner of (see Commissions, Commis-
sioners),
public schools, for, income tax, from .....

school funds, from ........

reimbursement of cities and towns for certain, appropriation .
Thorpe, May B., eligibility of, to receive, established Resolve
vocational agricultural education in high schools, tuition fees

for, paid by certain towns, for ..... 364

vocational education, state board of, furnishing by, during re-
habilitation to certain persons ..... 434

Air craft, intoxicating liquors and certain non-intoxicating beverages,

transportation by ....... 370

referendum petition as to . . . . . . Page 597

Alcohol, pure, sales by holders of third class licenses, etc., recording

of, state requirements for, dispensed with . . . 233 1-8

Algonquin tribe of Indians, Peters, Charles H., a descendant of,

annuity to . . . . . . . Resolve 10

Alienation of land (see Land).

Aliens, hunting, etc., by, certain violations of laws relative to, burden

of proof in prosecutions for ...... 68

Amendments, constitutional, proposed (see Constitution, pro-

posr>d amendments to).
Americanization, immigration and, division of, in department

of education (see Divisions).
American Legion, The, burial expenses of certain persons who died / 258 1, 2

overseas, etc., allowances for, granting to posts of . . \ 396 1, 2

holidays, patriotic, observance under auspices of posts of, appro-
priations by cities and towns for ..... 202

Massachusetts department of, quarters in state house for use of,

assignment, etc. ........ 225 1, 2

reimbursement, appropriation ...... 494 155b

Wilbur Comeau Post, No. 4, Inc., of, real estate to be used by,

taxes on, abatement of certain ..... 412

American, Sugar Refining Company, claims of, settlement of, ap-
propriation ........ 494 235w

Telephone and Telegraph Company, bonds of, etc., investments

by insurance companies in . . . . . . 297 1

Amesbury, town of (see Cities and Towns).

Ames, Nancy Lydia, annuity ..... Resolve 15

Anatidae, hunting, possession, etc., of . . . . . . 307 1

Ancient and Honorable Artillery Company, members of, exemp-
tion from jury service diacontinued .... 413 1, 2

Andover, town of (see Cities and Towns).

Animal husbandry, dairying and, division of, in department of

agriculture (see Divisions).
Animal industry, division of, in department of conservation (see
Divisions).

Index.

681

Animals, carcass or parts of carcass of, inflated with gas or air,
deemed adulteration of food .....

fur-bearing, killed, etc., annual reports relative to, to division of
fisheries and game .......

hunting of (see Game).

inspectors of, reimbursement of certain towns for, appropria^
tion . . . . . .

snares, use for catching or killing, prohibited ....

Annuities, land charged with payment of, sales of, jurisdiction over,
conriirront with supreme judicial court, conferred upon
probate couit ......

soldiers and others, appropriation ....

supplementary ......

state employees, retired, appropriation

supplementary ......

Anshelm, Louis J., pension .....

Apiary inspection, department of agriculture, appropriation
Appeal, decisions of commissioner of corporations and taxation, from,
board of (see Boards),
fire insurance rates, on, board of (see Boards).
Appeals, superior court, to, income tax abatements, for

reclamation districts, district commissioners for formation of,
decisions of, from .......

water rates, etc., abatement of, for . . . . .

Appropriation committee in towns, appointment, duties, etc.
Appropriations, Boston, by, municipal purposes, for

school purposes, for ........

cities and towns, by, graves and memorials of soldiers, etc.,
decoration of, for .......

holidays, patriotic, observance of, for .....

insurance funds to pay workmen's compensation, for

Memorial Day, observance of, for .....

orders or votes for, certification by city and town clerks
cities, by, expenditures in anticipation of, borrowing of money to
meet ..........

highwavs, division of, contracts, certain, by, in anticipation of
APPROPRIATIONS:

accountants, public, examination and registration of
supplementary .......

accounts, and claims, unclassified ....

supplementary ......

division of, in department of corporations and taxation
supplementary ......

municipal, auditing and installing of .

supplementary ......

acts and resolves, blue book edition

cumulative index ......

pamphlet edition ......

adjutant general .......

supplementary .......

administration, and finance, commission on

supplementary ......

division of, in department of public health .
advertising committee hearings ....

advisory board, department of agriculture

department of education .....

Agricultural College, Massachusetts

supplementary .......

agricultural information, division of, in department of agricul
ture ........

agriculture, department of .... .

supplementary .......

aid, and pensions, state, commissioner of

supplementary ......

and relief, division of, in department of public welfare
supplementary ......

Americanization, immigration and, division of, in department of
education .......

American, Legion, reimbursement ....

Sugar Refining Company, claims of, settlement of .

animal husbandry, dairying and, division of, in department of

agriculture .........

Item or

Chap.

Section.

166

185

126

304

1-3

126

226

494

226

126

214

494

214

1.2

126

244

287

457

1, Subs. 7, 13

391

388

223

488

1-4

/202

1 401

/202

1401

234

/202
1401

359

387

126

310

494

310, Page 562

126

220-235f

494

222-235W

126

326-329

494

327-329

126

328, 329

494

328, 329

126

187

126

186

126

185

126

97-103

494

98, 99^

126

140-143

494

142

126

546-548

126

243

126

333

126

367-3721

494

367

126

245, 246

126

239-260

494

258^

126

149-151

494

149

126

517-524

494

519, 522

126

351, 352

494

155b

494

235w

126

247-24g

Item or

Chap,

Section.

126

297-304

126

304

126

226

494

226

126

214, 220-224

494

214, 222

126

244

682 Index.

APPROPRIATIONS — Continued.

animal industry, di\'ision of, in department of conservation
animals, inspectors of, reimbursement of certain towns for
annuities, soldiers and others .......

supplementary ........

state employees ........

supplementary ........

apiary inspection, department of agriculture ....

appeal, from decisions of commissioner of corporations and ta.xa-

tion, board of . 126 148

on fire insurance rates, board of, in department of banking and

insurance ......... 126 314

arbitration, conciliation and, board of, in department of labor
and industries ........

archives, Massachusetts, reproduction of manuscript collection
armories ..........

supplementary ........

superintendent of ....... .

armory, commission ........

supplementary ........

Quincy, in, construction of .
arsenal, superintendent of ...... .

art commission .........

supplementary .........

attorney general .........

deficiency ........

auditing and installing of municipal accounts ....

supplementary .........

auditor of the commonwealth ......

automobiles, registration of, in department of public works
ballots, printing and distribution of .....

band concerts .........

banking and insurance, department of .

supplementary .........

banks, and loan agencies, division of, in department of banking
and insurance ........

supplementary ........

refunding of taxes to certain ......

bar examiners, board of .......

Belchertown state school .......

supplementary .........

Berkshire Lumber Company, payment to ....

Bigelow, Bryant, payment to ......

blind, adult, instruction, aid, etc. ......

deaf and, pupils, education of ..... .

di\'ision of, in department of education ....

blue book, printing and binding of .

Blue Hill River road in Blue Hills reservation, widening, etc.
blue sky law, so-called, administration of ....

boiler, inspection service, department of public safety

rules, board of, in department of public safety
bonds, officials', premiums, reimbursement ....

serial ..........

"bonus" for soldiers, sailors, etc. ......

Boston, port of, development of, serial bonds ....

psychopathic hospital .......

Boston state hospital ........

boulevards and parkways .......

supplementary .........

Bourdo, Fred, payment to ...... .

boxing commission in department of public safety

boys, industrial school for .......

supplementary . . . . . . ...

Lyman school for ........

supplementary ........

boys' parole, department of public welfare ....

Bradford Durfee Textile School ......

Bridgewater normal school .......

126

433, 442

126

182

126

132-134, 146

494

132

126

125

126

144-147

494

147i

126

146

126

125

126

156

494

1561

126

236-238

ri26

Page 121

,494

Page 564

126

328, 329

494

328, 329

126

217-219

126

621, 622

126

190, 191

126

665

126

305-318

494 {

317; 310.

Page 562

126

305-310

494 310, Page 562

487

126

85, 86

126

487-491

494

491a

126

235a

494

235m

126

357, 359

126

342

126

355-359

126

187

126

2271, 669

126

659, 660

126

591, 592

126

596, 597

126

229

126

215

126

210

126

215

126

457

126

455, 456

126

227, 668

227; 227a,

494 <

Page 561 ;

668, 668a,

Page 563

494

235q

126

602, 603

126

538-540

494

538

126

542

494

542, 542a

126

532-534

126

391

126

373, 374

Index.

683

APPROPRIATIONS — Continued.

Bridgnian, Frank E., assistant clerk of house, salary

Raymond L., historical manuscript prepared by, purchase of
Brinhtnian street bridge in Fall River, maintenance, etc.

doticionoy .......

building inspection service, department of public safety

supplementary .......

buildings, superintendent of .

supplementary .......

bulletin of committee hearings, general court, publication of
Bunker Hill monument and adjacent property, maintenance, etc
Butler, Elizabeth, payment to .... .

census division in department of secretary of the commonwealth
chaplains, general court .....

memorials for certain, deficiency ....
Charles river basin, maintenance, etc.
chief quartermaster ......

deficiency . . . . .

supplementary ........

chief surgeon ........

child guardianship, division of, in department of public welfare

supplementary ........

chiropodists, registration of, department of civil ser\'ice and regis
tration . . . . . .

cities, aid and relief, certain, by, reimbursement

supplementary ......

English speaking classes for adults, reimbursement

funeral expenses for certain soldiers, reimbursement

military aid, reimbursement ....

schools, certain expenses, reimbursement

taxes, reimbursement for loss of certain

supplementary ......

teachers' pensions, reimbursement
cival service and registration, department of

deficiency ........

supplementary ........

civil service, di\'ision of, in department of civil service and regis-
tration ........

civil war veterans, formerly in state service, compensation

records of, publication of .

claims, accounts and, unclassified ....

supplementary ......

cleaners fomierly employed in state house, pensions .
clerk, house of representatives ....

senate ........

commerce, foreign and domestic, commission on, in department
of labor and industries ....

committees, general court, advertising hearings

bulletin of hearings .....

expenses .......

supplementary ......

recess, supplementary

Chap.

126
494
126
126
126
494
126
494
126
126
494
126
126
494
126
126
126
494
126
126
494

126
126
494
126
126
126
126
126
494
126
126
126
494

126
126
126
494
126
494
126
126
126

126
126
126
126

494'

. 494

commonwealth pier five, supervision and operation of . . 126

supplementary ......... 494

communicable diseases, division of, in department of public health 126
conciliation and arbitration, board of, in department of labor

and industries ........ 126

con.servation, department of . . . . . . . 126

supplementary ......... 494

constabulary, state ........ 126

corporations and taxation, department of .... 126

supplementary ......... 494

correction, department of ...... . 126

supplementary ......... 494

Cottage Farm bridge, temporary repairs to
councillors, salaries and expenses

494
126

Item or
Section.

394^

617

Page 122

589, 590

162-170

163-170^

661

235g

200-202

Page 564

662, 663

125-136

Page 121

132

137-139

525-529

527

404
152, 520-524
522
348
153
152

340, 348
330
330
363

395-422

Page 121

412

396-399

220

124

220-235f

222-235W

224

5,8

5, 7

446, 447

20-24

20-23, 23

(after 34b),

34a, 34d,

351, 35a

35b, 35j, 351,

35m, 35n

631

553, 554

433, 442

262-304

262-294a

604, 605

319-330

320-330

492-513

493-505

227a, Page

561; 668a,

Page 563

89, 91, 93

684

Index.

APPROPRIATIONS — Continued.

counsel, house of representatives, and assistants

supplementary .......

senate, and assistants ......

supplementary .......

counties, maintenance of certain, etc. ....
Cuba, erection of memorials in, for service of certain soldiers

during Spanish war ......

cumulative index, acts and resolves ....

Curtis, C. Philip, payment to .....

dairying and animal husbandry, division of, in department of

agriculture ........

Danvers state hospital .......

deaf and blind pupils, education of ....

debt, direct, payment of interest on ....

deer, wild, damages by .

deficiencies .........

demonstration sheep farms .......

dental examiners, board of, in department of civil service and
registration .......

deficiency ........

diseases, communicable, division of, in department of public health

mental, department of ..... .

supplementary .......

venereal, di\'ision of, in department of public health
district attorneys ........

deficiency ........

supplementary ........

district courts, administrative committee of . . .

justices of, expenses for service in superior court .
documents, etc., worthless, commission to destroy
Dodds, Earle C, payment to .....

doorkeepers and assistant doorkeepers, general court

supplementary ........

drainage board ........

drugs, food and, inspection of, in department of public health

supplementary ........

Dry dock at South Boston, claims on account of construction of
education, department of ..... .

deficiency .......

supplementary .......

higher, opportunities, etc., for, investigation as to
elections, matters relating to .

deficiency ........

electricians, state examiners of, in department of civil service
and registration .......

elevator regulations, board of, in department of public safety
embalming, board of registration in, in department of civil serv'
ice and registration ......

employees, public, compensation for injuries sustained by .

state, annuities and pensions .....

supplementary .......

employment, for soldiers and sailors, securing of

offices, free ........

engineering division, department of public health

supplementary ........

English speaking classes for adults, department of education
executive department .......

supplementary ........

fairs, reclamation, soil survey and, division of, in department of
agriculture ........

farm, state .........

supplementary ........

Feeble-Minded, Massachusetts School for the .

supplementary ........

fees, medical examiners' ......

Ferreira, M., payment to ..... .

finance, administration and, commission on . . .

supplementary ........

Item or

Chap.

Section.

. 126

19, 32

. 494

. 126

18, 30

. 494 1

18, Page 546;

18,

Page 561

. 342

1.2

. 494

155a

. 126

186

. 494

235j

. 126

247-249

. 126

458, 459

. 126

342

. 126

216

. 126

295

/ 126 Pages 120-122
\ 494 Pages 563, 564

126

126
126
126
126
494
126
126
126

494-

126

249

406, 407

Page 121

553, 554

448-491

449-491a

555, 556

71-79

Page 120

72-78; 71,

Page 563

52^

494 52a, Page 562

126
126
126
494
126
126
494
126
126
126
494
494
126
126
494

126
126

126
126
126
494
494
126
126
494
126
126
494

126
126
494
126
494
126
494
126
494

173

235e

11-13

261

563, 564

641

331-394

Page 121

34U-394I

35k

190-196

Page 120

Page 564

421, 422
594, 595

414, 415

225

214, 220-224

214, 222

155c

432, 441

565, 566

565-566b

346-348

87-96

96i, 96J, 96f

256-258

501

467-470

470^

203

235u

140-143

142

Index.

685

APPROPRIATIONS — Continued.

lire insurance rates, board of appeal on, in department of banking
and insurance .......

fire marshal, state .......

firemen, claims arising from deaths of .

deficiency ........

firemen's relief ........

fire prevention district service, department of public safety
fire warden, state ........

fisheries and game, division of, in department of conservation
supplementary ........

Fitchburg normal school ......

Fletcher, Louis E., reimbursement .....

food and drugs, inspection of, in department of public health
supplementary ........

foreign and domestic commerce, commission on, in department of
labor and industries ......

forestry, di\'ision of, in department of conservation .

supplementary ........

forests, state, planting, purchasing, development, etc.

Fortune, William J., payment to .

Foxborough state hospital ......

Framingham, normal school ......

town of, sewage disposal contract, reformatory for women
France, memorial in, to Massachusetts soldiers, purchase of land

for

free employment offices ......

fuel administrator . ' .

funerals, military, expenses of certain, reimbursement to cities
and towns ........

game, fisheries and, division of, in department of conserva'
tion .........

supplementary ........

Gardner state colony .......

gas works explosion in Springfield, investigation as to
general court, bulletin of committee hearings

chaplains .........

Waldron, chaplain, former, of house, portrait of
clerk, house of representatives .....

assistant ........

senate .........

assistant ........

committees, expenses ......

supplementary .......

recess, supplementary

contingent expenses .

counsel to ....

supplementary

doorkeepers and assistant doorkeepers

supplementary
election case of Hayes vs. Symonds and

compensation for sitting member
hearings, advertising .

bulletin of
legislative document room, clerks

supplementary
manual for
members' compensation

supplementary
messengers

supplementary
pages

supplementary
postmaster

supplementary
printing and binding .

recess committees, supplementary

Chap.

Item or
Section.

126 314
126 599-601
126 230
126 Page 121
126 208, 209, 209J

126

599-601

126

269

126

278-296

494

289-294a

126

375, 376

494

235k

126

563, 564

494

563, 564

126

446, 447

126

264-275

494

270

126

271, 272

494

235i

126

460-462 i

126

377-379

126

506

494 35|c, Page 562
126 432, 441
126 172

126

153

Bergeron vs. S3Tnonds

126

278-296

494

289-294a

126

463-465

494

657a

126

494

34b

126

5, 8

126

5. 7

126

20-24

20-23, 23

494'

(after 34b),

34a, 34d,

35i 35a

494 1

35b, 35j, 351,
35m, 35n

126

126 18, 19, 30, 32

494 I

18, 19; 18,
Page 561

126

11-13

494

11-13

494 23 (after 34b).

126

494

126

1-4

494

126

11, 13

494

11, 13

126

11, 14

494

126

494

126

.n4 / 35b, 35j, 351,
494 1 35m: 35n

686

Index.

Chap.

Item or
Section.

APPROPRIATIONS — Continued.

general court, sergeant-at-arms, salary, clerical assistance, etc.
women, retired, formerly employed by, compensation

sketches, outline, of members

stationery .....

deficiency .....

traveling expenses ....
supplementary ....

witnesses, summoning of .
General Laws, completing and printing index
Gillett, L. A., payment to . . .

girls, industrial school for
girls' parole, department of public welfare

deficiency . . . .

Gloucester, reservation in, establishment of
Goodwin, Alfred R., payment to
governor, salary and expenses
governor's council, salaries and expenses .
Grafton state hospital ....
Grand Army of the Republic, Department of Massachusetts
Harvard bridge, investigation as to
health, public, department of

deficiency .....

supplementary . . . . .

hearings, committees of general court, advertising of

bulletin of ......

Herring river in Wellfleet, new channel in, construction of
highways, di\4sion of, in department of public works

deficiency .......

supplementary

Hingham, state highway in, completion of . . .

Hospital Cottages for Children .....

hospital school, Massachusetts .....

supplementary ........

Hull, breakwateir at Pemberton Point in, construction of .
Hyannis normal school .......

hygiene, division of, in department of public health .

deficiency . . . • . . . •

immigration and Americanization, division of, in department of
education . . . . . . _ .

income tax division, in department of corporations and taxa-
tion .........

index, cumulative, acts and resolves . .

General Laws, to, completing and printing of
industrial accidents, department of ....

deficiency ........

supplementary ........

industrial school, for boys ......

supplementary .......

for girls .........

industries, labor and, department of ... .

.infirmary, state ........

injuries, compensation of certain public employees for

ink, purchase of ....... •

insolvency, probate and, courts of .

deficiency ........

supplementary ........

inspection, division of, in department of public safety

supplementary . . . . . . . .

institutions, state, improvements, etc., at, studies and estimates
for .........

supplementary ........

insurance, banking and, department of .

supplementary .......

division of, in department of banking and insurance
fire, rates, board of appeal on, in department of banking and
insurance .......

126
126
126
126
126
126
494
126
494
494
126
126
494
126
494
126
126
126
126

9-16

224

29, 31

Page 120

2. 4. 11, 23

11, 23

35 J

235r

541

535-537

Page 564

642

2351

87, 92, 93

89, 91, 93

466

155

494 664i Page 563
126 546-580

126 Pages 121, 122

494
126
126
494
126
126

494

494
126
126
494
494
126
126
126

126

126
126
494
126
126

494 1

126
494
126
126
126
126
126
126
126
494
126
494

126
494
126

494 I

126

563-579

637c

609-623

Page 122

623a;

609-619,

Pages 561,

562; 623b,

Page 562

623a

452

543

543-5430

637b

380, 381

549-552

Page 122

351, 352

323-325

186

35J

423-427

Page 121

423, 424,

Page 562

538-540

538

541

428-447

544, 545

225

198

53-70

Page 120

53-67

588-593

589, 590

234

454a

305-318

317; 310,

Page 562

311-314

314

Index.

687

APPROPRIATIONS — Continued.

insurance, savings bank life, di-sasion of, in department of banking
and insurance ........

supplementary ■■.....'.

interest, direct debt and temporary loans ....

investigations, special

journals of house of representatives of Massachusetts Bay, pur-
chase and distribution of copies of . . . .
judge advocate general, compensation . . . . .
judicial department ........

deficiency ........

supplementary .........

juvenile training, division of, in department of public welfare
deficiency

supplementary .
Kimball, James W., clerk of house of representatives, salary
labor and industries, department of . . .

laboratories, division of, in department of public health

supplementary .
Lakeville state sanatorium

supplementary .
land court

supplementary .
Laws, General, completing and printing index .
laws, uniform state, commissioners on .
Legion, American, reimbursement ....
legislative department ......

deficiency .......

supplementary . . . .

libraries, public, division of, in department of education
library, state .......

supplementary .......

lieutenant governor, salary and expenses
Lincoln, Josephine V., reimbursement
loan agencies, banks and, division of, in department of banking
and insurance ......

supplementary ......

supervisor of, in department of banking and insurance
loans, temporary, payment of interest on
"Lotis," police steamer

supplementary .
Lowell, normal school

textile school
lumber, surveying of
Lyman school for boys

supplementary .
manual for general court

markets, division of, in department of agriculture
Massachusetts, Agricultural College
supplementary .

archives, reproduction of manuscript collection

hospital school .
supplementary

nautical school .

reformatory
supplementary

School for the Feeble-Minded
supplementary

Soldiers' Home .

training schools, trustees of

deficiency
supplementary

Item or

Chap

Section.

126

315-318

494

317

126

216

126

502 J

f 35b-35n,

657a; 35 ^a.

494

35^b, Page

562; 664f,

670i Page

563

126

183

494

139^

126

36-84

126

Page 120

494

Page 564

36-84^; 52a,

494

Page 562; 71,

Page 563

126

530-542

126

Page 121

494

Page 564

494

538-542a

126

428-447

126

567, 568

494

567

126

574, 575

494

574, 575a

126

80-82

494

35^

126

157

494

155b

126

1-35

126

Page 120

494^

3-35n; 18,
Page 561

126

353, 354

126

158-161

494

160

126

88,91

494

235n

126

305-310

494

310, Page 562

126

308, 309

126

216

126

586

494

598

126

382

126

392

126

437, 445

126

542

494

542, 542a

126

254, 255

126

367-372^

494

367

126

182

126

543

494

543-543C

126

364-366

126

503

494

503

126

467-470

494

470J

126 •

154, 154J

126

530-542

126

Page 121

494

Page 564

494

538-542a

688

Index.

APPROPRIATIONS — Continued.
McLaughlin, Bridget, payment to
Meagher, Michael F., pension
Medfield state hospital .
medical examiners' fees .
medicine, registration in, board of, in department of ci\al service
and registration ......

memorials to certain soldiers and sailors, erection, etc.

deficiency .....

mental diseases, department of

supplementary .....
messengers, general court

supplementary ._ . _ ._

metropolitan, district commission .

supplementary ....

north, sewerage district

planning, division of .

south, sewerage district

water system .....
Mexican border service, certificates of honor
military, accounts, etc. ....

aid, cities and towns reimbursed .

expenses, special ....

militia, adjutant general

supplementary . . . _ .

aero squadron, organization and maintenance

armories .....
supplementary

chief quartermaster

deficiency ....
supplementary

chief surgeon ....

horses, maintenance, etc.

judge advocate general, compensation

property and disbursing officer

reorganized ....
supplementary . .

superintendent, of armories

of arsenal ....
minimum wage service, department of labor and industries
Monson state hospital .
moose, wild, damages by
Morgan, Stuart H., payment to
Morris, Harold F., payment to
Morrissey, Martin, payment to

motor vehicles, registration of, in department of public works
Mount Grace state forest, maintenance of
municipal accounts, auditing and installing

supplementary .....
Nantasket Beach reservation . .

national banks, refunding of certain taxes to
nautical school, Massachusetts
necessaries of life, commission on
Neponset river, engineering testimony, etc., as to, expenses

ship channel in, in Milton, improvement of
New Bedford, state pier
supplementary

textile school . . .

Newburyport bridge, maintenance, etc.

deficiency
normal, art school
supplementary

schools ....
supplementary
North Adams normal school .
Northampton state hospital .
north metropolitan sewerage district
North Reading state sanatorium

Chap.

494
126
126
126

Item or
Section.

235t

471-474^

203

126

402-405

494 {

155a; 35|c,
Page 562

494

Page 564

126

448-491

494

449-49 la

126

11, 13

494

11, 13

126

662-673

35e;

494 1

664-670§,

Page 563

126

670

35 lb. Page

494

562; 6651,

Page 563

126

671

126

672

126

121

126

100

126

152

126

122. 123

126

97-103

494

98, 991

126

119

126

132-134, 146

494

132

126

125-136

126

Page 121

494

132

126

137-139

126

113, 118

494

1391

126

120

126

104-119

494

108-1191

126

125

126

125

126

434, 443

126

475-477

126

295

126

235c

494

235s

126

235d

126

621, 622

126

274

126

328, 329

494

328, 329

126

666

487

126

364-366

494

1731

494

570a

494

642a

126

634

494

634

126

393, 394

126

617

126

Page 122

126

390

494

390

126

373-390

494

388, 390

126

383. 384

126

478-480

126

670

126

576, 577

Index.

689

APPROPRIATIONS — Continued.

nurses, board of registration of, in department of civil service
and registration ......

supplementary .......

officials' bonds, premiums, reimbursement

old provincial state house .....

optometry, board of registration in, in department of civil service
and registration ......

ornithologj', division of, in department of agriculture

Osborn, John F., income tax refund

pages, general court ......

supplementary .......

pamphlet edition, acts and resolves

paper, purchase of ......

pardons, advisory board of, in department of correction

supplementary .......

park reservations, maintenance ....

supplementary .......

parkways and boulevards .....

supplementary .......

parole, board of, in department of correction
supplementary . .

boj's', department of public welfare
girls', department of public welfare

deficiency .......

Pemberton Point in Hull, breakwater at, construction of
Penikese Island, care of property on . . .

pensions, judges, certain .....

old age, etc., investigation as to .

police officers, state ......

prison officers and instructors

supplementary ......

sergeant-at-arms, certain women formerly employed by
soldiers and others ......

supplementary ......

state aid and, commissioner of .

supplementary ......

state employees ......

supplementary ......

teachers ........

veterans, certain . . • . •. • ■ • . .

pharmacy, board of registration in, in department of civil service

and registration ........

Philippine Insurrection, records of soldiers and sailors who served

during, compilation of .
pier, commonwealth, five, supervision and operation of
supplementary ......

New Bedford state, operation and maintenance of
supplementary ......

one at East Boston, maintenance
plant pest control, division of, in department of agriculture
plumbers, state examiners of, in department of public health
Plymouth harbor, improvement of .

police, killed in discharge of duties, allowance to families of
patrol, state .......

state, di\dsion of, in department of public safety .
retired, compensation .....

porters, state house ......

supplementary .......

port of Boston, development of, serial bonds
postmaster, general court .....

supplementary . . .

premiums, officials' bonds, reimbursement
prison, camp and hospital .....

instructors, retired, compensation

supplementary ......

officers, retired, compensation ....

supplementary ......

state ........

supplementary ......

Chap.

126
494
126
126

126
126
494
126
494
126
126
126
494
126
494
126

494

126
494
126
126
494
494
126
126
494
126
126
494
126
126
494
126
494
126
494
126
126

126

126
126
494
126
494
126
126
126
494
126
126
126
126
126
494
126
126
494
126
126
126
494
126
494
126
494

Item or
Section.

411-413
412
229
171

416-418

252, 253

235h

11, 14

185

143

493

664, 664^,

664, Page 563

227, 668

227; 227a,

Page 561;

668, 668a,

Page 563

493

532-534

535-537

Page 564

637b

570

38, 52, 54

35c

223

222

224

226

149-151

149

214, 220-224

214, 222

362, 363

220. 221

408-410

123

631

634

632

250, 251

569

637a

231

604, 605

584-587

223

165

215

229

504

222

502

690

Index.

APPROPRIATIONS — Continued,
probate and insolvency, courts of
deficiency
supplementary
registers of . . .

supplementary
probation, commission on
supplementary . .

property and disbursing officer
province lands, care and maintenance of .
public accountants, examination and registration of .
supplementary .......

public employees, compensation for injuries sustained by
public health, department of .

deficiency .......

supplementary .........

public lands, waterways and, division of, in department of public
works ........

supplementary ........

public libraries, division of, in department of education
public records, supervisor of, in department of state secretary
public safety, department of .

supplementary .
public utilities, department of

supplementary .
public welfare, department of

deficiency

supplementary .
public works, department of .
deficiency

supplementary ........

quartermaster, chief .......

deficiency ........

supplementary . . .

Quincy, armory in, construction of .

recess committees, general court, supplementary

reclamation, soil survey and fairs, division of, in department of

agriculture . . . . . ...

records, etc., of commonwealth, obsolete, commission to d

stroy .......••

public, supervisor of, in department of state secretary

war, civil, publication of ..... .

Philippine Insurrection, compilation of . . .

reformatory, for women ......

supplementary .......

Massachusetts ........

supplementary .......

registers of probate and insolvency ....

supplementary . .

registration, civil service and, department of .

deficiency ........

supplementary . . . . . . .

division of, in department of civil service and registration
deficiency ........

supplementary
rehabilitation, vocational, and co-operation with federal govern
ment .........

relief, aid and, division of, in department of public welfare
supplementary . . ...

reporter of decisions of supreme judicial court .
representatives, house of, members' compensation

supplementary ........

reservations, park .......

supplementary ........

Item or

Chap.

Section.

. 126

53-70

. 126

Page 120

. 494

53-67

. 126

56-70

. 494

56-67

. 126

83, 84

. 494

84 i

. 126

120

. 126

627

. 126

310

. 494

310, Page 562

. 126

225

. 126

546-580

. 126

Pages 121, 122

. 494

563-579

. 126

624-642

631-642a;

. 494

635a, Page

562

. 126

353, 354

. 126

197-199

. 126

581-605

. 494

581-598

. 126

643-660

. 494

656, 657a

. 126

514-545

/ 126
\ 494

Page 121

Page 564

. 494

519-543C

. 126

606-642

. 126

Page 122

623a-642a;

609-635a,

. 494

Pages 561,

562; 623b,

Page 562

. 126

125-136

. 126

Page 121

. 494

132

. 126

146

■ «M'^Sil;

. 126

256-258

\ 126

173

. 126

197-199

/ 126
\ 494

124

. 126

123

. 126

505-513

. 494

505

. 126

503

. 494

503

. 126

56-70

. 494

56-67

. 126

395-422

. 126

Page 121

. 494

412

. 126

400-422

. 126

Page 121

. 494

412

. 126

341

. 126

517-524

. 494

519, 522

. 126

45, 46

. 126

3, 4

. 494

. 126

664, 664 i

. 494

664, Page 563

Index.

691

formerly employed by

APPROPRIATIONS — Continued,
retirement, board of, state
supplementary
teachers'
judges, certain .
prison officers and instructors

supplementary
sergeant-at-arms, certain women
state employees

supplementary
stat« police officers
veterans, certain
Rutland state sanatorium
safety, public, department of .

supplementary .
Salem, normal school
sanatoria ....

supplementary .
Sanger, William H., clerk of senate, salary
savings bank deposits, unclaimed, reimbursement for funds de

posited on account of
sa\-ings bank life insurance, division of, in department of banking
and insurance .......

supplementary ........

scrub women formerly employed in state house, pensions .
seals, bounties on .

deficiency ........

secretary of the commonwealth .....

deficiency ........

securities, administration of law relative to sale of, etc.
senate, members' compensation .....
sergeant-at-arms, salary, clerical assistance, etc.

retired women, certain, formerly employed by, compensation
sewerage district, north metropolitan ....

south metropolitan .......

sheep farms, demonstration ......

sight-sa\dng classes for children .....

sinking fund requirements ......

smoke, abatement of ...... .

soil survey, reclamation, and fairs, division of, in department of
agriculture .......

soldiers, annuities and pensions of certain

supplementary .......

Soldiers' Home in Massachusetts ....

soldiers, sailors, etc., aid for, in finding employment .

aid for, state and military, cities and towns reimbursed

"bonus" for .......

funeral expenses for certain, reimbursement for

memorials to certain, erection, etc.

deficiency .......

records of, who served during Philippine Insurrection, compi
lation of ...... .

who served in civil war .....

state pay to ...... .

testimonials to certain, of World War .
south metropolitan sewerage district

Spanish war veterans, tablet s in memory of cert ain , erection in Cuba
Springfield, city of, gas works explosion in, investigation as to
standards, di\'ision of, in department of labor and industries
Standish, monument reservation, maintenance of

Myles, statue of, in Duxbury, repair of
state aid and pensions, commissioner of

supplementary ....
state constabulary
state employees, annuities and pensions

supplementary
state farm

supplementary
state fire marshal
state fire warden

Item or

Chap.

Section.

. 126

212-214

. 494

214

. 126

360-363

. 126

38, 52, 54

. 126

222

. 494

222

. 126

224

. 126

214, 220-224

. 494

214, 222

. 126

223

. 126

220, 221

. 126

578

. 126

581-605

. 494

581-598

. 126

385

. 126

574-580

. 494

574-579

. 126

'. 126

233

. 126

315-318

. 494

317

. 126

224

. 126

296

. 126

Page 121

. 126

174-203

/ 126
\ 494 I

Page 120

'ages 563, 564

. 126

659, 660

. 126

1, 2

. 126

9-16

. 126

224

. 126

670

. 126

671

. 126

249

. 126

358

. 126

215

. 126

658

. 126

256-258

. 126

226

. 494

226

. 126

154, 154^

. 494

155c

. 126

152

. 126

210

. 126

153

. 494 {

155a; 35ic,
Page 562

. 494

Page 564

. 126

123

f 126
1 494

124

. 126

207, 211

. 126

122

. 126

671

a 494

155a

. 494

657a

. 126

436, 444

. 126

273

. 494

276

. 126

149-151

. 494

149

. 126

604, 605

. .126

214, 220-224

. 494

214, 222

. 126

501

. 494

501

. 126

599-601

. 126

269

692

Index.

APPROPRIATIONS — Continued.

state forests, purchase, development, etc.
state house, engineer's department ....
supplementary ......

guide book, reprinting .....

improvements in, certain .....

maintenance of .

supplementary ......

memorials in, for certain chaplains, deficiency

old provincial .......

porters ........

supplementary ......

restaurant in, ventilating system for

Spanish cannon, certain, placing on grounds of

telephone service ......

watchmen .......

supplementary ......

women formerly employed in cleaning, compensation
state infirmary .......

state library .......

supplementary .......

state pay to soldiers and sailors ....

state police, division of, in department of public safety

patrol ........

retired, compensation .....

state prison ........

supplementary .......

stationery, general court .....

deficiency .......

statistical service, department of labor and industries
superintendent of buildings .....

supplementary .......

superior court .......

deficiency .......

supplementary .......

supreme judicial court ......

supplementary ......

purchase of reports of .....

reporter of decisions of .... .

surgeon, chief .......

Taconic Lumber Company, payment to .

Taunton state hospital ......

taxation, corporations and, department of

supplementary . . . . . .

taxes, loss of, on land used for state institutions, reimbursement
of cities and towns for ....

supplementary ......

refunding of certain, to certain banks
teachers', institutes, expenses of holding .

retirement board ......

teachers, training of, for vocational schools

telephone and telegraph division, in department of public

telephones, state house ......

textile schools .......

Thompson, Wilmot, payment to .

towns, aid and relief, certain, by, reimbursement

supplementary ......

animals, inspection of, reimbursement .

English speaking classes for adults, reimbursement

forest fires, aid in purchasing equipment for extinguishing

reimbursement for certain expenses in extinguishing
funeral expenses for certain soldiers, reimbursement
military aid, reimbursement
school expenses, certain, reimbursement
deficiency .....

taxes, reimbursement for loss of certain
supplementary ....

teachers' pensions, reimbursement
training schools, Massachusetts, trustees of

deficiency .....

supplementary .....

Item or

Chap.

Section .

. 126

271, 272

. 126

163

. 494

163

. 126

. 494

170J

. 126

162-170

. 494

163-170^

. 494

Page 564

. 126

171

. 126

165

. 494

165

. 494

170^

. 494

170J

. 126

168

. 126

164

. 494

164

. 126

224

. 126

544, 545

. 126

158-161

. 494

160

. 126

207, 211

. 126

584-587

. 126

604, 605

. 126

223

. 126

502

. 494

502

. 126

29, 31

. 126

Page 120

. 126

431, 440

126

162-170

494

163-170^

126

48-52

/ 126
\494

Page 120

Page 564

. 494

126

36-47

494

126

188

126

45, 46

126

137-139

126

235b

126

481

126

319-330

494

320-330

semen

126

330

494

330

487

126

343

126

360-363

126

345

jtilitiea

126

647

126

168

126

391-394

494

235o

126

152, 520-524

494

522

126

304

126

348

;, etc.

126

268

126

275

126

153

126

152

126

338-340, 348

126

Page 121

126

330

494

330

126

363

126

530-542

'/ 126
1 494

Page 121

Page 564

494

538-542a

Index.

693

APPROPRIATIONS — Concluded.

treasurer and receiver general .....

supplementary ........

tuberculosis, division of, in department of public health
uniform state laws, commissioners on ... .

university extension courses ......

utilities, public, department of .... .

supplementary ........

venereal diseases, div-ision of, in department of public health
veterans, retirement of certain .....

veterinary medicine, board of registration in, in department of

civil service and registration . .

vocational rehabilitation and co-operation with federal govern
ment .........

vocational schools, training of teachers for

wage, boards .........

minimum, ser\'ice, department of labor and industries

war records, civil, publication of .... .

Philippine Insurrection, compilation of ....

wars, expenses on account of .

deficiency .........

supplementary .........

watchmen, state house ........

supplementary .........

water system, metropolitan .......

waterways and public lands, division of, in department of public
works .........

supplementary .........

welfare, public, department of ......

deficiency ........ *

supplementary ........

Wellington bridge .......

Westborough state hospital ......

Westfield, normal school ......

state sanatorium .......

supplementary .......

Whitcher's garage, payment to .... .

Whitten, R. S., payment to .

Wills, John, payment to ......

witnesses, general court, summoning of .

women, reformatory for ......

supplementary ........

Worcester, normal school ......

supplementary .......

state hospital ........

works, public, department of .

deficiency ........

supplementary

Wrentham state school ........

Arbitration, conciliation and, board of, in department of labor and
industries (see Boards),
losses, of, under standard fire insurance policies . . _.

Archives, division, in department of state secretary (see Divi-
sions)
Massachusetts, reproduction of manuscript collection, appropri-
ation ..........

Arlington, town of (see Cities and Towns).

Armistice Day, observance of ...... .

Armories, appropriation ........

supplementary .........

superintendent of, appropriation . . . . . _ .

Armory, Charlestown, alleged property damage by construction,
etc., of, claims for, hearing by attorney general Resolve
commissioners (see Commissions, Commissioners).
Quincy, in, construction of, appropriation ....

Chap.

126

494
126
126
126
126
494
126
126

126

126
126
126
126
r 126
[ 494
126
126
494
494
126
494
126

126

f
494 j

126
' 126
494
' 494
126
126
126
126
494
126
494
494
126
126
494
126
494
126
126
126

494-

126

152

126

Item or
Section.

204-216

214

571-573

157

349, 350

643-660

656, 657a

555, 556

220, 221

419, 420

341

345

435

434, 443

124

123

152-155

Page 564

155a-155e

164

672

624-642

631-642a;

635a,

Page 562

514-545

Page 121

Page 564

519-543C

228, 667

482

386, 387

579, 580

579

235f

235v

235p

505-513

505

388, 389

388

483

606-642

Page 122

623a-642a;

609-635a,

Pages 561,

562; 623b,

Page 562

484-486

182

210

126 132-134, 146

494 132

126 125

52
126

146

694

Index.

Arms (see Firearms).

Arrest, civil process, on, service of certain notices on application for,
time fixed for .....

dangerous weapons, armed with, at, penalty, etc.
warrants for, certain, service by certain special state police
officers ......

warrants, without, sheriffs of Dukes and Nantucket counties, by,
in certain cases .....

Arsenal, superintendent of, appropriation
Art, commission (see Commissions, Commissioners),
school, normal, appropriation

supplementary ......

Assaults, resulting in serious or permanent injury, penalty for
certain ......

with intent to commit rape, venue of crime of .
Assessment insurance companies, foreign, names, registration
by, regulated .....

Assessors of taxes, abatements, copies of, furnishing to tax col-
lectors by .

appropriation orders or votes, certification by city and town
clerks to ..... .

banks, taxation of shares of certain, duties as to
betterment assessments, duties as to
collectors' accounts, records, etc., deposit with, etc
listing by, of property exempt from local taxation
reclamation districts, financial data as to, certification to .
tuberculosis hospitals, county, land held for, taxation of, powers
and duties as to .
Assignees, national banks as, bonds filed by
Associations, voluntary (see Voluntary associations).
Athol, town of (see Cities and Towns).
Atlantic Union College, degrees of Bachelor of Theologj% granting

Attorney general, appropriation ......

deficiency ........

armory, Charlestown, alleged property damage by construction,
etc., of, claims for, hearing by . . . Resolve

bank shares, taxes on, abatement, etc., of certain, powers and
duties as to ........

candidates for office of, political expenses of .

conservation, commissioner of, acceptance by, of gift of certain
land in town of New Marlborough, approval of deed by .

gas and electric companies, defective or erroneous returns of,
recovery of forfeitures by ..... .

gasoline, etc., taxes on sales of, etc., recovery by . . .

referendum petition as to . . . . . Page

great ponds, access for public to, powers and duties as to .

Holbrook, Cabot & Rollins Corporation, claim of, for damages on
account of construction of commonwealth dry dock, board
of review to investigate, member of . . Resolve

land restrictions, certain, imposed by state in Back Bay district
of Boston, commission to investigate advisability of re-
moving, member of .... . Resolve

member of the bar, to be .

municipal lighting plants, officers of, failure to file annual re-
turns, recovery of forfeitures bj'' .

pensions, contributory, for certain veterans in public employ-
ment, commission to consider, member of, etc. Resolve

supreme judicial court, decisions, etc., of, publication and sale,
certain duties as to . . . . . Resolve

taxes, collectors of, delinquent, proceedings against certain, by .

venue of crimes, doubt as to, leave to proceed with trial in case
of, petition by ....... .

Attorneys-at-law (see Bar).

Auditing and installing of municipal accounts, appropriation

supplementary .........

Auditor, state, appropriation .

candidates for office of, political expenses of .
Automobiles (see Motor Vehicles).

Chap.

248

150

435
126

126
494

280
339

17
487
377
128
421
457

271
259

119

126
126
494

487
110

213

90
454
598
453

56
117

30
283

340

126
494
126
110

Item or
Section.

1, 2

125

390
390

5, 6
3,5, 6

1, Subs. 11

2,4

236-238
Page 121
Page 564

328. 329
328, 329
217-219

Index. 695

Item or
Chap. Section.

method of mark-

494 35h

196 1

436 1-3

302 2

302 1
126 190, 191

126 665

Back Bay district of Boston, land restrictions in, certain, imposed

by state, investigation as to removing . . Resolve 56

appropriation .....

BagfS, s;ile of co;il in .
Bail commissioners, Suffolk coimty, in
Ballots, candidates for ward and town committees,
ing for .....

names of, arrangement on .
printing and distribution of, appropriation
Band concerts, appropriation
Bank incorporation, board of (see Boards).
Banking and insurance, department of (see Departments).
BANKS :

Beacon Trust Company, authorized to hold additional real

estate ......... 168

Berkshire Loan and Trust Company, authorized to hold addi-
tional real estate ....... 332

Boston Five Cents Savings, building for transaction of its busi-
ness, erection, etc. ....... 123

Cambridge Savings, enabled to purchase and hold additional

real estate ......... 24 12

Charles River Trust Company, franchise tax assessed to, abate-
ment in part . . . _ . . . Resolve 36
Dorchester Trust Company, franchise tax assessed to, abate-
ment of . . . . . . Resolve 37

Federal Trust Company, authorized to hold additional real

estate ......... 244

First National Bank of Boston, The, taxes, certain, refunding to . 487 4

Home Savings, authorized to invest additional sum of money in

real estate for banking purposes in city of Boston . . 279

Hyannis Trust Company, authorized to hold additional real

estate . . . . . . . 157 1, 2

Maiden Trust Company, authorized to hold additional real

estate ......... 184

Old South Trust Company of Boston, The, franchise taxes

assessed to, abatement of . . . . Resolve 38

Plymouth County Trust Company, authorized to hold addi-
tional real estate in city of Brockton .... 389

Quincy Savings, payment to . . _ . . . Resolve 29

Reliance Co-operative, enabled to acquire, etc., real estate .8 1, 2

Worcester County Institution for Savings, building for trans-
action of its business, erection, etc. .... 169 1, 2

Workingmen's Co-operative, authorized to purchase and hold

real estate ......... 25 1,2

Banks and banking, bank shares, taxes on . . . 487 1-7

paid by savings departments of trust companies, deduction,

etc 378 2

cashiers of incorporated banks, exemption from jury service dis-
continued ......... 413 1

co-operative banks, joint accounts in, restriction as to, removed .40 1, 2

officers and directors of, qualification for and removal from

office of ........ . 100

real estate for transaction of business, right to hold . . 21

deposits, joint, restriction on, limited to those in savings banks .40 1,2

with others than banks, regulated, etc.
referendum petition as to
immigrant banks, so-called, regulation, etc
referendum petition as to

joint accounts, restriction on, limited to those in savings banks .40 1, 2

national banks, fiduciaries, as, bonds filed by . . . . 259

taxation of, alternative method of .... . 487 1, 2

claims as to, settlement of certain ..... 487 4r-7

private banks, so-called, regulation, etc., of certain . . . 473 1-7

referendum petition as to . . . . . . Page 599

savings banks, additional tax on ..... . 487 6

deposits in, unclaimed, reimbursement for funds deposited on

account of, appropriation ...... 126 233

joint accounts, restriction on, limited to those in . . .40 1, 2

transmission of money to another state or country by, per-
mitted ......... 37

473 1-7

Page 599

. 473 1-7

Page 599

696

Index.

Banks and banking, taxes, bank shares, on .

paid by savings departments of trust companies, deduction,
etc. ..........

trust companies, examinations of, payment of expenses of, etc.
joint deposits in, restriction as to, removed ....

savings departments of, bank share taxes paid by, deduction,
etc. ..........

deposits in, interest from, exempted from income tax .
guaranty fund in, not to be included in surplus and undi-
vided profits in determining value of corporate franchise

taxation of ....... .

taxation of corporate franchises of ... .

words "Trust Company", use by certain foreign corporations
See also Credit unions.
Banks and loan agencies, division of, in department of banking

and insurance (see Divisions).
Banks, commissioner of (see Commissions, Commissioners).
Bank shares, taxation of . . . . . . .

taxes on, paid by savings departments of tiust companies, de-
duction, etc. ........

Bar, examiners, board of (see Boards).

member of the, attorney general to be .
Barnstable, county of (see Counties).
Bass, black, taking, etc., regulated . . _ .

Beaches, drainage, etc., of (see Reclamation districts).
Beacon, Falls Rubber Shoe Company of Boston, The, dissolved

Falls Rubber Shoe Company, The, revived ....

Trust Company, real estate, additional, authorized to hold
Belchertown state school, appropriation . . .

supplementary .........

Belmont, town of (see Cities and Towns).
Benaglia, John L., father of, payment to .
Benefit societies, fraternal (see Fraternal benefit societies).
Benevolent institutions, incorporated, local tax exemption for
property of, investigation as to . . . Resolve

appropriation .........

Berkshire, county of (see Counties).

Loan and Trust Company, authorized to hold additional real
estate . . . . . - _ .

Lumber Company, claim of, payment for, appropriation
Betterments, assessment of

abatements ....

apportionment, etc.
assessors, duties as to
interest rate on .
notice of .

ownership of property assessed
collection of ....

forms for use in proceedings for .

lien on account of ...

unpaid, collection of . . .

sales of property for .

Beverages, non-intoxicating, manufacture,

certain ....

referendum petition as to
sales of certain, by third class licensees, recording of,
requirements for, dispensed with .
Beverly, city of (see Cities and Towns).
Bigelow, Bryant, payment to, appropriation
Billerica, town of (see Cities and Towns).
Billy, etc., armed with, at arrest, etc., penalty, etc,

See also Weapons, dangerous.
Birds, wild, hunting, possession, etc., of certain

propagation and protection of, property, certain, for aiding in,
receiving in trust by commissioner of conservation, etc. .
See also Game.
Bishop, John P., pension ........

Black bass, taking, etc., regulated ......

Blind, adult, instruction, aid, etc., appropriation . . . .

deaf and, pupils, education of, appropriation • . . •
division of, in department of education (see Divisions).
Blue book, printing and binding of, appropriation

Item or

Chap.

Section.

487

1-7

378

406

1-3

1. 2

378

f378

1 487

f378

i487

487

1-7

378

117

268

393
393
168
126
494

2
1

487-491
491a

transportation, etc., of

Page
state

471

58
494

332
126
377
377
377
377
377
377
377
377
377
377
128
377

370
597

233

494

248

307

301

240
268
126
126

126

1, 2

351

235a

1-8

5, 6

7, 8

1-8

235m

1. 2

1-3

1, 2

1,2

357, 359

342

187

Index.

697

registration of, establishment,

Blue Hills reservation, Blue Hill River road in, widening, etc., of,
appropriation ........

boulevard from River and Readville streets in Boston to, ex-
pediency and cost of constructing, investigation as to

Resolve
Blue sky law, so-called, administration of, appropriation

amendments to ....... .

BOARDS, STATE:

accountants, certified public,

powers, duties, etc. ......

appropriation . . . . . - .

advisory, department of agriculture, appropriation .

department of education, appropriation
appeal, from decisions of commissioner of corporations and tax
ation, appropriation . . . . . .

gasoline, etc., taxation of sales of, powers and duties as to
referendum petition as to . . . . . Page

tuberculosis hospitals, county, local taxation of, duties as to
on fire insurance rates, in department of banking and insur-
ance, appropriation .......

bank incorporation, credit unions, inactive charters of, trans-
action of business under, approval by .
bar examiners, appropriation .......

boiler rules, in department of public safety, appropriation
conciliation and arbitration, in department of labor and indus-
tries, appropriation . . . . ...

dental examiners, in department of civil service and registration,
appropriation ........

deficiency .........

drainage, appropriation . . . . .

electricians, state examiners of, in department of civil service and
registration, appropriation . . . . . .

elevator regulations, in department of public safety, appropri-
ation . . . . . . ...

embalming, registration in, in department of civil service and
registration, appropriation ......

industrial accident, appropriation ......

deficiency .........

supplementary ........

reviewing boards, appointment by chairman, etc. .

salaries of members of, established .....

See also Departments: industrial accidents.
medicine, registration in, in department of civil service and reg-
istration, appropriation ......

certificate of National Board of Medical Examiners of the

United States, acceptance in place of examination, etc.
chiropodist, registration of Clara M. Mitchell as a, by .
nurses, registration of, in department of civil service and regis-
tration, appropriation .......

supplementary . . . . . . .

optometry, registration in, in department of civil service and
registration, appropriation ......

pardons, advisory board of, in department of correction, appropri-
ation ..........

supplementary ........

parole, in department of correction, appropriation

supplementary ........

pharmacy, registration in, in department of civil service and reg-
istration, appropriation . . . . .

plumbers, state examiners of, in department of public health,
appropriation ........

reclamation, state, establishment, powers, duties, etc. .

records, etc., obsolete and worthless, to destroy, appropriation .
retirement, state, in department of state treasurer, appropria-
tion ..........

supplementary . . . . . . .

reviewing, of department of industrial accidents, appointment,
etc. . . . . .

state library, trustees of, recei\'ing of money, etc., in trust by,
for state library purposes, etc. . . . . .

teachers' retirement, in department of education, appropriation

Chap.
126

19
126
f47
l48

470

494 (

126
126

126
454
598
271

126

38
126
126

126

126
126
126

126

126
126
126

Item or
Section.

227i 669
659, 660

1-5
310,
Page 562
243
333

148

2-4
314

85, 86
596, 597

433, 442

406, 407

Page 121

261

421, 422

594, 595

414, 415

423-427

Page 121

494 1

151

477

Page 5*62
1,3

126

402-405

13
3

126
494

411-413
412

126

416-418

126
494
126
494

493
493
493
493

126

408-410

126
457 1
126

569

Subs. 1-14B

173

126
494

212-214
214

151

376
126

1. 2
300-363

698 Index.

Item or
Chap. Section.

BOARDS, STATE — Concluded.

veterinary medicine, registration in, in department of civil ser-
vice and registration, appropriation .... 126 419, 420

vocational education, aid, furnishing by, during rehabilitation to

certain persons ........ 434

Boiler, inspection service, department of public safety, appropriation 126 591, 592

rules, board of, in department of public safety (see Boards),
steam, insurance (see Insurance).
Bonds, commonwealth, of, terms of certain ..... 492 1-3

counties, of, purchase of, advertising for bids for, exceptions, etc. 428
druggists' third class licenses, in connection with, dispensed with 291
investments in certain, by insurance companies . . . 297 1, 3

national banks as fiduciaries, filed by . _ . . . . 259

officials', premiums, reimbursement, appropriation . . . 126 229

persons, certain, receiving deposits of money for safe-keeping or

transmission, etc., giving by, etc. ..... 473 2, 3, 7

referendum petition as to . . . . . . Page 599

pilots, of 390 1, Subs. 6; 2,3

serial, appropriation . . . . . . . .126 215

See also Securities.
Bonus, so-called, for soldiers, sailors and marines, appropriation . 126 210

Bonwit Teller Company of Mass., re\dved .... 445

Boston, and Maine Railroad, Saugus branch of, rapid transit system

for communities served by, investigation as to Resolve 71
appropriation . . . . . . . . 494 35 §b. Page 562

Charter Revision Commission, establislunent, etc. . Resolve 54

appropriation ......... 494 35g

city of (see Cities and Towns) .

Duck Company, divested of certain powers and made domestic

business corporation . . . . . . . 142 1, 2

Elevated Railway Company, Cambridge and Court streets in

Boston, widening, etc., of, duties as to . . . . 489 1

Dorchester district, rapid transit facilities in, extension of,

powers and duties as to . . . . . . 480 1-15

elevated structures in Boston, removal and substitution of
subways therefor, investigation as to, by trustees of

Resolve 63
Harvard Square subway station, enlargement of, rental for,

payment by, etc. . . . . . . . 360 1—5

highways, portions of, occupied by its tracks, to maintain and

keep in repair, etc. . . . _ . . . . 358 1-3

Hyde Park district, street railway lines in, acquisition by city

of Boston and operation by . . . . . . 405 1-10

metropolitan planning, division of, consultation with, etc., by

public tiiistees of ....... 399 1

Somerville Horse Railroad Company consolidated with . . 295 1-3

tax, commutation or excise, relieved from, during period of

public operation ........ 358 3

underground station in city of Everett, construction by, time

extended ......... 465

Five Cents Savings Bank, building for transaction of its busi-
ness, erection, etc. ....... 123

harbor, pilots, etc., for (see Pilots).

Marine Society, pilots, commissioners of, powers and duties as to 390 1, Subs. 2, 3, 5
commissioning of certain, approval by, etc. . . . 390 1, Subs. 3

municipal court of the city of (see District courts).

port of, development of, serial bonds, appropriation . . . 126 215

psychopathic hospital, appropriation ..... 126 457

public library, picture in, entitled "The Synagogue", time for

taking of, extended ....... 82

state hospital, appropriation . . . . ... 126 455, 456

Young Men's Christian Association, Northeastern Univeisity

of the, degrees, certain, authorized to grant . . .93

Boulevard, Blue Hills reservation, to, from River and Readville
streets in Boston, expediency and cost of constructing,
investigation as to . . . . Resolve 19

Old Colony, so-called, completion by metropolitan district com-
mission ......... 365 1-3

Boulevards, and parkways, appropriation ..... 126 227, 668

f 227; 227a,

1 J. ACA J Page 561;

supplementary 494 < ggg^ ggg^^

I Page 563

Index. 699

Item or
Chap. Section.
Boulevards, nictropolit.in, Boston Elevated Railway Company, por-
tions oecupied by tracks of, keeping in repair, etc. . . 358 1-3

defects in, liability for 230

Boundary lines, cities and towns, of, marks designating, removal,

obliteration, etc. ........ 103

Bounties on seals, appropriation . . . . . . .126 296

deHciency 126 Page 121

Bourdo, Fred, payment to, appropriation . . . . . 494 235q

Boxing commission, state (see Commissions, Commissioners).

Boys, industrial school for, appropriation ..... 126 538-540

supplementary ........ 494 538

Lyman school for, appropriation ...... 126 542

supplementary ........ 494 542, 542a

parole of, department of public welfare, appropriation . . 126 532-534

Brackett, George R., acts as a notary public, validated Resolve 4

Bradford Durfee Textile School, appropriation . . 126 391

Brant, hvmting, possession, etc., of ..... . 307 1

Breakwater, Pemberton Point, at, in town of Hull, construction of 440 1-4

appropriation ......... 494 637b

Bribery, police officers, of, penalty . . . . . . 241

Bridges, construction, etc., of, funds toward cost of, by taxation of

sales of gasoline, etc. ....... 454

referendum petition as to . . . . . . Page 598

highway, construction, etc., of certain, approval of plans, etc. . 313 2

protection from heavy loads . . . . . .313 1, 2

BRIDGES:

Brightman street. Fall River, appropriation . . . , 126 617

deficiency . . 126 Page 122

Cambridge, Burleigh street in, over, construction and mainte-
nance by Lever Brothers Company . . . . 455 1-4
Charles river, over, between cities of Boston and Cambridge, in-
vestigation relative to . . . . . Resolve 47

ACA / 664f, Page

appropriation ........ 494'; ggg

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