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

i«")3NiHcC-<^-«^»*'?&»«-*-»«- 



"im^Js^,Mf^^T^ 



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. 



10 



CONSTITUTION OF THE 



Judges of su- 
preme judicial 
court. 

3 Pick. 471. 
1 Gray, 472. 

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



Salaries. 



Separation of 
executive, judi- 
cial, and legis- 
lative depart- 
ments. 
2 Cush. 577. 
2 Allen, 361. 
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.] 



14 



CONSTITUTION OF THE 



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



Selectmen to 
preside at town 
meetings. 



Return of 
votes. 



As to cities, see 
amendments. 
Art. II. 



Time changed 
to firet Wednes- 
day oi January. 
See amend- 
ments. Art. X. 



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



II. The senate shall be the first branch of the legisla- 
ture; and the senators shall be chosen in the following man- 
ner, viz.: there shall be a meeting on the [first Monday in 
April,! [annually,] forever, of the inhabitants of each 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- 



16 



CONSTITUTION OF THE 



Vacancies, how 
filled. 

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

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

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



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

shall choose 
its officers and 
establish its 
rules. 

shall try all 
impeachments . 



Oath. 



Limitation of 
sentence. 



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



cies in such district; and in this manner all such vacancies 
shall be filled up in every district of the commonwealth; 
and in like manner all vacancies in the senate, arising by 
death, removal out of the state, or 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. 



18 



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. 



20 



CONSTITUTION OF THE 



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



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



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



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



Governor to be 
commander-in- 
chief. 

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



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

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

V. The governor, with advice of council, shall have full 
power and authority, during the session of the general court, 
to adjourn or prorogue the same to any time the two houses 
shall desire; [and to dissolve the same on the day next pre- 
ceding the last Wednesday in May; and, in the recess of 
the said court, to prorogue the same from time to time, not 
exceeding ninety days in any one recess;] and to call it 
together sooner 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! '^°*^ 



22 



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. 



24 



CONSTITUTION OF THE 



and established by standing laws : and it shall be among the 
first acts of the general court, after the commencement of 
this constitution, to establish such salary by law accordingly. 
Permanent and honorable salaries shall also be established 
by law for the justices of the supreme judicial court. 

Compensation of judges not to be the subject of an initiative or referendum petition ; 
see amendments, Art. XLVIII, 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 ^'■*- ^^- 



26 



CONSTITUTION OF THE 



Elections may 
be adjourned 
until, etc. 



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



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

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



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

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



CHAPTER II. 

Section IV. 

Secretary, Treasurer, Commissary, etc. 

Article I. [The secretary, treasurer and receiver-general,, 
and the commissary-general, notaries public, and naval 
officers, shall be 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 



28 



CONSTITUTION OF THE 



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



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 



30 



CONSTITUTION OF THE 



immunities, for the promotion of agriculture, arts, sciences, 
commerce, trades, manufactures, and a natural history of 
the country; to countenance and inculcate the principles of 
humanity and general benevolence, public and private 
charity, industry and frugality, honesty and punctuality in 
their dealings; sincerity, good humor, and all social affec- 
tions, and generous sentiments, among the people. 



CHAPTER VI. 



Oaths, etc. 



Abolished. 
See amend- 
ments, Art. 
VII. 



Declaration 
and oaths of 
all officers. 



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



OATHS AND SUBSCRIPTIONS; INCOMPATIBILITY OF AND EX- 
CLUSION FROM offices; PECUNIARY QUALIFICATIONS; 

COMMISSIONS; writs; confirmation OF laws; habeas 
corpus; the enacting style; continuance of offi- 
cers; PROVISION FOR A FUTURE REVISAL OF THE CON- 
STITUTION, ETC. 

Article I. 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- 



32 



CONSTITUTION OF THE 



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



Same subject. 
1 Allen, 553. 



Incompatible 
offices. 

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



Incompatible 
offices. 



Bribery, etc., 
disqualify. 



tion ; and forever afterwards before the governor and council 
for the time being ; and by the residue of the officers afore- 
said, before such persons and in such manner as from time 
to time shall be prescribed by the legislature. 

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

No person shall be capable of holding or exercising at 
the same time, within this state, more than one of the fol- 
lowing offices, viz. : judge of probate — sheriff — register of 
probate — or register of deeds ; and never more than any 
two offices, which are to be held by appointment of the 
governor, or the governor and council, or the senate, or the 
house of representatives, or by the election of the people of 
the state at large, or of the people of any county, military 
offices, and the offices of justices of the peace excepted, shall 
be held by one person. 

No person holding the office of judge of the supreme 
judicial court — secretary — attorney-general — solicitor- 
general — treasurer or receiver-general — judge of probate 

— commissary-general — [president, professor, or instruc- 
tor of Harvard College] — sheriff — clerk of the house of 
representatives — register of probate — register of deeds 

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

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



34 



CONSTITUTION OF THE 



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



Provision for 
revising con- 
stitution. 



Provision for 
preserving and 
publishing this 
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. 



36 



CONSTITUTION OF THE 



See amend- 
ments, Art. 
XXXVII. 



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

This clause 
superseded by 
amendments, 
Art. XVII. 



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



Militia officers, 
how removed. 



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

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

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

[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. 



38 



CONSTITUTION OF THE 



Termination 
of political 
year. 



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

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



Article, when 
to go into 
operation. 



Inconsistent 

provisions 

annulled. 



done at the session which has heretofore commenced on the 
last Wednesday of May. And the general court shall be 
dissolved on the day next preceding the first Wednesday 
of 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. 



40 



CONSTITUTION OF THE 



Fractions, how 
represented. 



Towns may 
unite into repre- 
sentative dis- 
tricts. 



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



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



Inconsistent 

provisions 

annulled. 



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

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

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

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



42 



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. 



44 



CONSTITUTION OF THE 



For compulsory 
voting, see 
amendments, 
Art. LXI. 



Vacancies, 
how filled. 



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



Qualification 
requisite. 



School moneys 
not to be ap- 
plied for secta- 
rian schools. 
For original 
provision as to 
schools, see 
constitution, 
Part First, 
Art. III. 

12 Allen, ,500, 508. 
103 Mass. 94, 96. 
1 his article was 
superseded by 
amendments, 
Art. XLVI. 
Legislature to 
prescribe for 
the election of 
sheriffs, regis- 
ters of probate, 
etc. 

See amend- 
ments, 

Art. XXXVI. 
8 Gray. 1. 

13 Gray, 74. 



qualification of the voters, the manner of the election, the 
return of the votes, and the declaration of the election, shall 
be such as are required in the election of governor. In case 
of a failure to elect either of said officers on the day in 
November aforesaid, or in case of the decease, in the mean 
time, of the person elected as such, such officer shall be 
chosen on or before the third Wednesday in January next 
thereafter, from the two persons who had the highest num- 
ber of votes for said offices on the day in November afore- 
said, by joint ballot of the senators and representatives, in 
one room; and in case the office of secretary, or treasurer 
and receiver-general, or auditor, or attorney-general, shall 
become vacant, from any cause, during an annual or special 
session of the general court, such vacancy shall in like man- 
ner be filled by choice from the people at large; but if such 
vacancy shall occur at any other time, it shall be supplied 
by the governor by appointment, with the advice and con- 
sent of the council. The person so chosen or appointed, duly 
qualified in other respects, shall hold his office until his suc- 
cessor is chosen and duly qualified in his stead. In case any 
person chosen or appointed to either of the offices aforesaid, 
shall neglect, for the space of ten days after he could other- 
wise enter upon his duties, to qualify himself in all respects 
to enter upon the discharge of such duties, the office to which 
he has been elected or appointed shall be deemed vacant. 
No person shall be eligible to either of said offices unless he 
shall have been an inhabitant of this commonwealth five 
years next preceding his election or appointment. 

Art. XVIII. [All moneys raised by taxation in the towns 
and cities for the support of public schools, and all moneys 
which may be appropriated by the state for the support of 
common schools, shall be applied to, and expended in, no 
other schools than those which are conducted according to 
law, under the order and superintendence of the authorities 
of the town or city in which the money is to be expended; 
and such moneys shall never be appropriated to any religious 
sect for the maintenance, exclusively, of its own school.] 

Art. XIX. The legislature shall prescribe, by general 
law, for the election of 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 



46 



CONSTITUTION OF THE 



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



Qualifications 
of representa- 
tives. 

122 Mass. 595, 
598. 



Districts to be 
numbered, 
described and 
certified. 



Quorum. 
See amend- 
ments. Art. 
XXXIII. 



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



Voters to be 
basis of appor- 
tionment of 
senators. 



Senate to con- 
sist of forty 
members. 



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



48 



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. 



50 



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 



52 



CONSTITUTION OF THE 



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



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



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



Initiative and 

referendum, 

definition. 



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

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



54 



CONSTITUTION OF THE 



Initiative peti- 
tion, mode of 
originating, etc. 



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



Time of filing 

initiative 

petitions. 



Transmission 
of proposed 
measure to the 
general court. 



Section 3. Mode of Originating. — Such petition shall 
first be signed 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^^"®""*^ 



56 



CONSTITUTION OF THE 



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



When 

amendment 
becomes part 
of the con- 
stitution. 



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

Section 5. 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 



58 



CONSTITUTION OF THE 



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



ballot shall afford an opportunity to the voter to vote for 
each of the measures or for only one of the measures, as 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 



60 



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 



62 



CONSTITUTION OF THE 



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



Governor's 
veto not to 
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'!^ 



64 



CONSTITUTION OF THE 



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



Amendments, 
Art. IV, 
amended. 

Women may 
be appointed 
notaries 
public, etc. 



Article I, 
Chapter III 
of Part the 
Second, 
amended. 
Judicial officers, 
retirement of, 
etc. 



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



Building zones 
in cities and 
towns. 



Compulsory 
voting at 
elections. 



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



named, namely, the secretary, attorney-general, treasurer 
and receiver-general, and auditor, shall, during such vacancy, 
have full power and authority to do and execute all and 
every such acts, matters and things as the governor or the 
lieutenant-governor might or could lawfully do or execute, 
if they, or either of them, were personally present. 

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

Art. LVII. Article IV of the articles of amendment 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. 



66 



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 



30 



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 



64 



37 



76 



INDEX TO THE CONSTITUTION. 



PAGE) 

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

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

loan of public credit restricted by, ....... 51 

commonwealth's credit not to be given for private purposes, . . 64 
Antiquarian interest, property of, preservation of, ..... 63 

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. 



77 



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 



B. 

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, ......... 



53 

17,49 

61 

56,60 

66 
65 

66 
4-10 

53 

18 

66 



78 



INDEX TO THE CONSTITUTION. 



PAGE 

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

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

if objected to by governor in writing, to be returned to branch in which 
originated, and may be passed by two thirds of each branch present 
and voting thereon by yeas and nays, . . . . . .11 

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

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

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

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

compensated for the care and support of such persons, ... 52 
Boards, public, to make quarterly reports to the governor, .... 23 

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

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

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

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

Bribery or corruption used in procuring an appointment or election, to dis- 
qualify from holding any office of trust, etc., .... 32 

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

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

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

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



c. 

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

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

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

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

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

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

etc., ............ 64 

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

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

Charitable, institution, etc., publicly controlled, not to deprive an inmate 

of the opportunity of religious exercises of his own faith, . 52 

undertaking, not under exclusive public control, etc., grant of public 

money forbidden to, ......... 51 

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

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

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

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

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




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 



80 



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 

62 



53 
53,59 
64 
62 
21 

64 
64 

61 

SO 



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 

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

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

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

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

authority to exercise powers of governor and lieutenant governor when 

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

no property qualification required, . . . .42 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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



82 INDEX TO THE CONSTITUTION. 



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

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

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

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

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

D. 

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

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

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

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

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

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

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

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

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

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

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

Description on ballots under the initiative and referendum to be determined 

by 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. 



83 



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

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

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

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



E. 

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

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

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

etc., 50,56,57, 

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

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

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

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

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

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

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

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

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

51 

53 

59,60 

42,66 

42 
14,43 

66 
6 

42 
49 
51 
53 
64 
66 

52 
58 
60 
67 
6,62 
53 
33 
63 



84 



INDEX TO THE CONSTITUTION. 



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

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

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

£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 

51 

53,59 

10 

67 
51 

52 
29,38 



F. 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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



9 
9 

52 
50 
50,62 
61 
10 

64 

58 

52 

9 

53 

42 
19,49 



G. 

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

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

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

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



INDEX TO THE 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 



86 



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 

67 

50,62 

50 

52 
51 

64 

34 

66 
65 
64 
64 
62 

62 

63 

63 
63 

63 
64 

65 

66 

4,5,6 

5 



38,66 

36,49 

38,66 

23 

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

31.36 



INDEX TO THE CONSTITUTION. 



87 



PAGE 

Governor, to sign all commissions, ....... 33 

election determined by the legislature, ...... 19 

veto power, 11,62,64,66 

may return bill or resolve to the general court recommending amend- 
ment, ........... 64 

to recommend to general court the term for which any loan shall be 

contracted, ........ 65 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

money, 66 

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

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

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

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

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

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

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

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

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

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

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

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



INDEX TO THE CONSTITUTION. 



H. 

PAGE 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

a representation of the people annually elected and founded upon the 

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

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

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

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

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

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

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

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

state, 46 

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

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

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

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

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

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

quorum of, 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. 



89 



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



26 

27 
32 

42 
66 
67 

42 

45 

45, 46 
46 



46 



I. 

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 



90 



INDEX TO THE CONSTITUTION. 



Initiative (see also Referendum) : — Concluded. 

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

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

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

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

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

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

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

general 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. 



91 



J. 

PAGE 

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

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

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

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

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

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

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

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

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

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

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

Judicial officers, appointed by the governor with consent of 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 



L. 

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

for relieving congestion of population and providing homes for citizens. 
Landmarks, ancient, preservation of, ...... 

Lands, easements or interests, in connection with certain natural resources 
may be taken, ......... 

Law prohibiting free exercise of religion not to be passed. 
Law-martial, only those employed in the army and navy, and the militia in 
actual service, subject to, except by authority of the legislature, 

protection from the, not a subject for initiative or referendum petition 
Laws, every person to have remedy in, for injury to person or property, 

power of suspension or execution of, only in the legislature, . 

power of general court to enact, ...... 

suspension of, mode of petitioning for, ..... 

enacting style of, ........ . 

€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 

7 

8,9 

12 

59 

33 

9 

33 



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 

10 

64,67 

62 

5a 



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. 



93 



M. 

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

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

27 

9 
53 

53,59 



21 

22,36 

36 

22 

22 

22 
22 

22 

22,36 
22 

22,23 
63 
63 
62 

52 
54 
59 
23 

33 
65 
65 
65 

66 

53,59 
18 



94 



INDEX TO THE CONSTITUTION. 



Moneys, raised or appropriated for public or common schools, not to be applied 

for support of sectarian schools, etc., . . . . . . 44, 51 

Moral obligations of lawgivers and magistrates, ...... 8 

Moral qualifications for office, ......... 8 

Municipal governments, authority given general court to create, ... 35 

N. 

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

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

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 



o. 

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, . 



12 

31,36 

31,36 

31,36 

36 

3,6 

52 
7 

32 
6 
6 

45 

67 

12 

26 

26,27 

27 

33 

22,63 



INDEX TO THE CONSTITUTION. 



95 



PAGE 

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

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

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

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

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

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



P. 

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

conviction, ......... 

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

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

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

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

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

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

opportunity of religious 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, ....... 



21 

52 

66 

53 

52 
64 



53 

56 

7 



59,60 

61 

14,15 

32,37 

42 



52 

38,66 

49 

39 

5,6 

52-62 



96 



INDEX TO THE CONSTITUTION. 



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

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 

55 

53 
8 

64 
6 

53 

62 

5 

27 

22,44 

37 

6 

53 

50,51 
63 
33 
42 
49 

53,59 

20,38 

7 

33 

23 

51 
64,65 

52 
52 

6 
6 

4,52 
52 

53 



INDEX TO THE CONSTITUTION. 



97 



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

in natural resources, ....... 

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

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



52 
62 
63 
62 
9 



Q. 

Quakers may make affirmation, ........ 

Qualification of persons to be elected to office may be increased by the legisla- 
ture, ..... 

Qualification, property, of governor, 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 

33 

49 

42 
48, 49 
36,49 
44,49 
42,43 
16,47 
18,46 

44 
8 
9 

22 

61 
25,43 
47,49 
46,49 



R. 

Rank of councillors, ......... 

Ratable polls, census of, . 

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

Reading and writing, knowledge of, necessary qualifications for voting or 
holding office, ......... 

Rebellion, governor may employ military and naval forces to suppress. 
Recall of judges shall not be proposed by initiative petition. 
Recess of general court for not more than thirty days. 
Recess committees or commissions, members of general court not to receive 
salary for service upon, except, etc., ..... 

Records of the commonwealth to be kept in the office of the secretary. 
Re-enactment of certain bills and resolves, ..... 

Referendum (see also Initiative) : 

definition of, ......... . 

time when laws shall take effect, ...... 

exemption of emergency laws, ....... 

governor may cause certain laws to take effect forthwith. 



25 

39 

50,51 

45 
63 
53 
63 

67 
26 
64 

62 

58 
58 
58 



98 



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, . 

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, .... 

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 

62 
67 

62 

50,62 

52 

25 
32,37 
22,44 
32,37 

51 

53,59 



53,59 

5,39 

52 

5,39 

39 



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



52 

51 
4 
4, 5, 39 

7 



INDEX TO THE CONSTITUTION. 



99 



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

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 

61 

53 
4-10 

53 
62 



s. 

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

from voting on account of non-payment of poll tax, ... 48 

Salary, a stated and honorable, to be established for the governor, . . 23 

permanent and honorable, to be established for the justices of the 

supreme judicial court, and to be enlarged if not sufficient, . 10, 24 

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

committees, except, etc., ........ 67 

Sale of land or buildings to provide homes for citizens, etc., ... 50 

School moneys not to be appropriated for sectarian schools, etc., . . 44, 52 

School or institution of learning, wherein any denominational doctrine is in- 
culcated, not to be aided, etc., by grant of public money or credit, 51 



100 



INDEX TO THE CONSTITUTION, 



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

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

Search, unreasonable, etc., not a subject for initiative or referendum petition, 

Secret voting to be preserved when compulsory voting is authorized. 

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

November; amended, to be elected biennially, . . .26, 

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

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

not to be a legislator, ......... 

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

vacancy occurring when legislature is not in session, to be filled by gov 

ernor, by appointment, with advice and consent of council, 
not eligible, unless an inhabitant of the state for five years next preceding 
election or appointment, ....... 

office of, to be deemed vacant if person elected or appointed fails to be 
qualified within ten days, ....... 

records of commonwealth to be kept in office of, . 
may appoint deputies, for whose conduct he shall be accountable, . 
to attend governor and council, senate and house, in person or by depu 
ties, as they shall require, ....... 

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

to certify to board authorized to divide county into districts, the number 

of representatives to which the county is entitled, . 
duties of, under the initiative and referendum, . 54, 56, 57, 58, 59, 

to exercise powers of governor and lieutenant governor when both offices 
are vacant, ......... 

Sectarian schools not to be maintained at public expense, 
Section of excluded matters under initiative petitions not a subject for initia- 
tive amendment, ........ 

Selectmen to preside at town meetings, elections, etc.. 
Self-government, right of, asserted, ....... 

Senate, the first branch of the legislature, ...... 

to consist of forty members, apportionment, etc., ... 13 

to be chosen annually; amended, to be elected biennially, 

governor and at least five councillors, to examine and count votes, and 

issue summonses to members, ...... 

to be final judges of elections, returns and qualifications of their own 
members, .......... 

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

qualifications of a senator, ....... 

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

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



PAOB 

33 

7 
53 
64 

43,66 

43,44 

43,66 

32 



44 

44 

36,44 

44 

44 
26 
26 

26 
33 

45 
60,61 

63,64 
44,51 

53 

14 

5 

10,14 

41,46 

13,66 

15 

15 

15,47 

16,47 

16 

63 



INDEX TO THE CONSTITUTION. 101 



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 



T. 

Tax, payment of, as a prerequisite for voting, provision annulled. 

Tax on income, general court may impose and levy, .... 

Taxation, should be founded on consent, ...... 

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

moneys raised by, for support of public schools, not to be applied to 
other schools, etc., ........ 

general court shall raise money by, to carry into effect laws enacted by 
the people, etc., ........ 

Taxes, not to be levied without the consent of the people or their representa- 
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, 



49 

50 

6,9 

50 

51 

53 

9 

12,50 

13 

65 
10 
16,66 
19,66 
24,66 
25,66 
43,66 
27,35 
26,27 
26,66 

26 

65 
36 
10 



INDEX TO THE 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 

u. 

Uniform rate of tax, on incomes derived from same class of property, to be 

levied throughout the commonwealth, etc., ..... 50, 51 

United States, commonwealth may borrow money to assist the, in case of 

war, ............ 65 

University at Cambridge, . . . . . . . . 28, 29, 48 

Unreasonable search, bail and the law martial, protection from, not a subject 

for initiative or referendum petition, ...... 53 

Utilization of certain natural resources of the commonwealth, ... 62 

V. 

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

Vacancy in offices of both governor and lieutenant governor, 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 

w. 

War, commonwealth may borrow money to assist the United States in case 

of, etc., ........... 65 

War time, commonwealth, cities and towns may provide food, other common 

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

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

Wild or forest lands, taxation of, ........ 50 

Women changing name may be reappointed notaries public under new 

name, ........... 64 

Women eligible to appointment as notaries public, ..... 64 

Worship, public, the right and duty of all men, ...... 4 

Writ of habeas corpus to be enjoyed in the most free, easy, cheap and expedi- 
tious manner, and not to be suspended by legislature, except for a 
limited time, .......... 33 



106 INDEX TO THE CONSTITUTION. 

PAGE 

Writing and reading, necessary qualifications for voting or holding office, . 45 
Writs to be issued in the name of the commonwealth under the seal of the 

court, bear test of the first justice, and be signed by the clerk, . 33 

Y. 

Yea and nay vote, of two thirds members present and voting in each house 

required upon measures having emergency preamble, ... 58 
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 

OF 

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, 



6 



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^ 



8 



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, 



10 



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. 



12 



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- 



16 



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. 



18 



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. 



20 



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 



24 



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. 



26 



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 



28 



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 



30 



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. 



32 



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. 



34 



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- 



36 



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 



38 



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 



40 



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. 



42 



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. 



44 



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."'^^"* 



48 



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. 



50 



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 



50 



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. 



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: 

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 



52 



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 



54 



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. 



56 



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. 



58 



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). 



60 



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, 

(c) Confess a judgment against 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 

(c) Have dissolution and winding up by decree of court. 

(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 

(c) The certificate is cancelled or so amended as to set forth 
the withdrawal or reduction. 

(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 

(c) After he has given six months' notice in writing to all 



tribution. 



62 



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, 

(c) Those to limited partners in respect to the capital of their 
contributions, 

(d) Those to general partners other than for capital and 
profits. 



64 



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, 

(c) An additional limited partner is admitted, 

(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. ^^'^^^- 



66 



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 ^°^^^' 



68 



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. 



70 



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 



72 



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. 



75 



Item 
30 

31 



32 



33 



34 



35 



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 





76 



Acts, 1923. —Chap. 126. 



Superior 
Court. 



Item 

49 
50 
51 



52 



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. 



77 



Item 
69 

70 



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. 



78 



Acts, 1923. —Chap. 126. 



Commission 
on Probation. 



Item 

84 



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. 



79 



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. 



80 



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. 



81 



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 



82 



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. 



83 



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 



84 



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. 



85 



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 




3,000 00 




500 00 




500 00 




1,000 00 




$10,000 00 




$3,000 00 


Supervisor of 
Public Records, 


1,000 00 




1,300 00 





Summer 
Census. 



86 



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. 



87 



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 



88 



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. 



89 



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 



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. 



90 



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. 



91 



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 



92 



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. • 



93 



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 




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 



94 



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. 



95 



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 



96 



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. 



97 



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 



98 



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 



no 



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. 



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 a