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

ACTS 



RESOLVES 



PASSED BY THE 



€mtul djottil 4 ^mutkntih 



IN THE YEAR 



1928 



TOGETHER WITH 



TABLES SHOWING CHANGES IN THE STATUTES, ETC. 



PUBLISHED BY THE 

SECRETARY OF THE COMMONWEALTH 




BOSTON 
WRIGHT & POTTER PRINTING COMPANY 

1928 



ACTS AND RESOLVES 

OF 

MASSACHUSETTS 

1928 



^^ The General Court, which was chosen November 2, 1926, assembled 
on Wednesday, the fourth day of January, 1928, for its second annual 
session. 

His Excellency Alvan T. Fuller and His Honor Frank G. Allen con- 
tinued to serve as Governor and Lieutenant Governor, respectively, for the 
political year of 1928. 



ACTS. 



An Act relative to the abatement of uncollectable (^j^g^jy \ 

POLL taxes. ^ * 

Be it enacted by the Senate and House of Represejitatives i7i 
General Court assembled, and by the authority of the same, 
as follows: 

Section seventy-one of chapter fifty-nine of the General ^jj,^/g^j^ ^^• 
Laws is hereby amended by striking out the last sentence 
thereof, — so as to read as follows: — Section 71. If a Abatement of 
collector is satisfied that a poll tax or tax upon personal ['J^f^^^^nd*''^ 
property, or any' portion of said tax, committed to him or allowance to 
to any of his predecessors in office for collection, cannot be ''°' ^^^°^' 
collected by reason of the death, absence, poverty, insolvency, 
bankruptcy or other inability of the person assessed to pay, 
he shall notify the assessors thereof in writing, on oath, 
stating why such tax cannot be collected. The assessors 
shall act on such notification within thirty days after its 
receipt and, after due inquiry, may abate such tax or any 
part thereof, and shall certify such abatement in writing to 
the collector; and said certificate shall discharge the collector 
from further obhgation to collect the tax so abated. 

Approved January 19, 1928. 



Chap. 



An Act placing the office of chief of police of the 

TOWN OF palmer UNDER THE CIVIL SERVICE LAWS. 

Be it enacted, etc., as follows: 

Section 1. The provisions of chapter thirty-one of the office of chief 
General Laws and the rules and regulations made there- town^oTpfimer 
under, relative to the appointment and removal of police P/^ff^grTicr 
officers, shall hereafter apply to the office of chief of police of laws. 
the town of Palmer. The present incumbent of said office 
shall continue to hold the same without taking any civil 
service examination. 

Section 2. This act shall be submitted to the voters of ^^^^^"3'^!'^^° *° 
said town at the annual town meeting in the current j^ear 
in the form of the following question which shall be placed 
upon the official ballot used for the election of town officers 
at said meeting: — "Shall an act passed by the general 
court in the year nineteen hundred and twenty-eight, en- 
titled 'An Act placing the office of chief of pofice of the 
town of Palmer under the civil service laws', be accepted?" 
If a majority of the votes in answer to said question are in 



Acts, 1928. — Chaps. 3, 4, 5. 

the affirmative, then this act shall thereupon take effect, but 
not otherwise, except that for the purpose of such submis- 
sion it shall take effect upon its passage. 

Approved January 19, 1928. 



Chap. 3 An Act increasing the amount of property that may 

BE HELD BY THE BOSTON YOUNG MEN's CHRISTIAN ASSOCI- 
ATION. 

Be it enacted, etc., as follows: 

The Boston Young Men's Christian Association is hereby 
authorized to hold real and personal estate to an amount 
not exceeding four million five hundred thousand dollars. 
The amount hereby authorized shall be exclusive of such 
amount as any affiliated corporation is authorized to hold. 

Approved January 24, 1928. 



Boston Young 
Men's Christian 
Association 
may hold an 
increased 
amount of 
property. 



Chap. 4 An Act to authorize the proprietors of the boston 

ATHEN.EUM TO HOLD ADDITIONAL PROPERTY. 



The Proprietors 
of the Boston 
Athenrpum 
may hold 
additional 
property. 



Be it ejiacied, etc., as follows: 

The Proprietors of the Boston Athenaeum and their 
successors, in addition to works or objects of literature, 
science and the arts, and to the property which they are now 
allowed by law to hold for income, may take, hold and 
convey, for the purposes of income, real and personal prop- 
erty not exceeding eleven hundred thousand dollars in value, 
the income thereof to be appHed to the purposes specified 
in their act of incorporation. 

Approved January 2^, 1928. 



G. L. 48, § 63, 
amended. 



Chap. 5 An Act requiring the sending of written notice to 

THE commissioner OF CORPORATIONS AND TAXATION OF 
THE ESTABLISHMENT OF FIRE AND IMPROVEMENT DISTRICTS. 

Be it enacted, etc., as follows: 

Section sixty-three of chapter forty-eight of the General 
Laws is hereby amended by adding at the end thereof the 
following: — Immediately upon the estabHshment of such 
a district, written notice thereof shall be sent by the clerk 
to the commissioner of corporations and taxation, — so as 
to read as follows: — Section 63. If at such meeting the 
voters determine to organize such district, they shall choose 
a clerk, who shall be sworn. He may be removed by the 
district, and in case of a vacancy another may be chosen; 
or in such case, or in case of his disabihty, the selectmen 
may appoint a temporary clerk, who shall be sworn and shall 
perform such duties until the vacancy is filled or the dis- 
ability removed. Immediately upon the estabHshment of 
such a district, written notice thereof shall be sent by the 
clerk to the commissioner of corporations and taxation. 

Approved January 24, 1928. 



Upon organiza- 
tion of fire and 
improvement 
district, voters 
to choose clerk. 
Removal. 
Vacancy. 
Temporary 
clerk. 

Written notice 
of establish- 
ment of dis- 
trict to be 
sent by clerk 
to commissioner 
of corporations 
and taxation. 



Acts, 1928. — Chaps. 6, 7, 8. 



An Act authorizing the town of hull to appropriate (jfiQp ( 

MONEY AND CONTRIBUTE THE SAME TOWARD THE COST OF 
MAINTAINING A FREE PUBLIC LIBRARY IN THE TOWN OF 
COHASSET. 

Be it enacted, etc., as follows: 

Section 1. The town of Hull may annually appropriate Townof huIi 
a sum of money not exceeding five hundred dollars and pay ^pro^pHa"te'^ 
the same to the managers of The Nantasket Library, Inc., ^Xibut'e'^ 
which maintains a free public library in the town of Cohasset, same toward 
as a contribution by said town of Hull toward the cost of tafningTTree 
maintaining said library. fn^town'or^ 

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

Approved January 27, 1928. 



An Act authorizing the knights of st, Stanislaus, in- Chap. 7 

CORPORATED, TO HOLD REAL ESTATE AND CONFIRMING TITLE 
to its present HOLDINGS. 

Be it enacted, etc., as follows: 

Section 1. The corporation known as The Knights of st'!Slbus?^ 
St. Stanislaus, Incorporated, located in the city of Chicopee ^^°''^°f|*®^, 
and incorporated under general law, is hereby authorized estate in city 
to hold real estate in said city to an amount not exceeding to^rtam^^ 
seventy-five thousand dollars. All of said property and the amount. 
income derived therefrom shall be used for the purposes of Jo°rpo^rafe^tur- 
said corporation as set forth in its charter or certificate of poses- 
incorporation. 

Section 2. The title of said corporation to all real estate Title to present 
standing in its name on the effective date hereof, in so far as it firmeS^^ ''°° 
is affected by lack of statutory authority for the investment 
of funds of such corporations in real estate, is hereby con- 
firmed. 

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

Approved Januanj 27, 1928. 



An Act prohibiting the use of certain apparatus for 

FISHING in inland WATERS. 



Chap. 



Be it enacted, etc., as follows: 

Section thirty-five of chapter one hundred and thirty of ^c.^amended^.' 
the General Laws, as amended by section two of chapter one 
hundred and ninety-five of the acts of nineteen hundred and 
twenty-six, is hereby further amended by striking out the 
word "pond" in the fourth line and inserting in place 
thereof the words: — inland water, — so as to read as 
follows: — Section 35. Except as permitted by law, whoever Use of neta, 
draws, sets, stretches or uses a drag net, set net, purse net, waterTre°gu" 
seine or trawl or sets or uses more than ten hooks for fishing ^^-^^ 
in any inland water, or aids in so doing shall be punished 



6 Acts, 1928. — Chap. 9. 

by a fine of not less than twenty nor more than fifty dollars. 

*1^'tl(!ted^^*^ '^^^^ section shall not affect any rights conferred by section 

thirty-two or the corporate rights of any fishing company. 

Approved January 27, 1928. 



G. L. 40, § 5, 
cl. (12), etc., 
amended. 



Chap. 9 An Act including local garrisons of the army and 

NAVY UNION OF THE UNITED STATES OF AMERICA AMONG 
THOSE ORGANIZATIONS UNDER THE AUSPICES OF WHICH 
CITIES AND TOWNS MAY CONDUCT THE PROPER OBSERVANCE 
OF MEMORIAL DAY AND OTHER PATRIOTIC HOLIDAYS. 

Be it enacted, etc., as follows: 

Clause (12) of section five of chapter forty of the General 
Laws, as amended by section six of chapter four hundred 
and eighty-six of the acts of nineteen hundred and twenty- 
one, by chapters two hundred and twb and four hundred 
and one of the acts of nineteen hundred and twenty-three 
and by chapter sixteen of the acts of nineteen hundred and 
twenty-seven, is hereby further amended by inserting before 
the semi-colon in the twenty-first line the following: — and 
of local garrisons of the Army and Navy Union of the United 
States of America, — so as to read as follows: — (12) For 
erecting headstones or other monuments at the graves of 
persons who served in the war of the revolution, the war of 
eighteen hundred and twelve, the Seminole war, the Mexican 
war or the war of the rebellion or who served in the military 
or naval service of the United States in the Spanish American 
war or in the World war; for acquiring land by purchase or 
by eminent domain under chapter seventy-nine, purchasing, 
erecting, equipping or dedicating buildings, or constructing 
or dedicating other suitable memorials, for the purpose of 
properly commemorating the services and sacrifices of per- 
sons 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 IMemorial Day and other patriotic 
hohdays under the auspices of the local posts of the Grand 
Army of the Republic, United Spanish War Veterans, The 
American Legion and the Veterans of Foreign Wars of the 
United States and under the auspices of the Kearsarge 
Association of Naval Veterans, Inc. and of local garrisons of 
the Army and Navy Union of the United States of America ; 
or for keeping in repair graves, monuments or other me- 
morials erected to the memory of such persons or of its fire- 
men 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 January 27, 1928. 



Cities and 
towns may ap- 
propriate 
money for 
decoration of 
soldiers' graves 
and for ob- 
servance of 
Memorial Day 
and other 

Eatriotic 
olidays, etc. 



Acts, 1928. — Chap. 10. 



An Act relative to the redemption of land taken or (JJidr) \Q 

PURCHASED FOR TAXES BY A CITY OR TOWN. ^' 

Be it enacted, etc., as foUoivs: 

Section sixty-two of chapter sixty of the General Laws, g. l. eo, § 62, 
as amended by chapter three of the acts of nineteen hundred ^^^ • ^"lended. 
and twenty-four, and by chapters fiftj'-one, seventy-seven 
and section five of chapter two hundred and forty-one, all 
of the acts of nineteen hundred and twenty-five, is hereby 
further amended by striking out, in the seventh line, the 
word "collector" and inserting in place thereof the word: 
— treasurer, — so as to read as follows: — Section 62. Any Redemption of 
person having an interest in land taken or sold for non- sokffoATxM. 
pajanent of taxes, including those assessed under sections 
twelve, thirteen and fourteen of chapter fifty-nine, or his 
heirs or assigns, may, at any time prior to the fifing of a 
petition for foreclosure under section sixty-five, redeem the 
same by paying or tendering to the treasurer, if the estate 
has been taken or purchased by the town, the amount of 
the tax, all intervening taxes, charges and fees, and interest 
on the whole at the rate of eight per cent per annum; or 
by paj'ing or tendering to the purchaser, or his legal rep- 
resentatives or assigns, the original sum and intervening 
taxes paid by him and interest on the whole at said rate. 
In each case he shall also pay for examination of title and a 
deed of release not more than three dollars in the aggregate; 
and in addition thereto the actual cost of recording the tax 
deed or evidence of taking. He may redeem the land by 
paying to the collector the sum which he would be required 
to pay to the purchaser, with one dollar additional. If land Release deeds 
taken by or sold to a city or town for non-payment of taxes redeeming land 
is redeemed, the city treasurer or acting city treasurer, gokfto^adty 
notwithstanding the provisions of the charter of his city, or town, etc. 
or the town treasurer, as the case may be, shall sign, execute 
and deliver on behalf of the city or town a release of all the 
right, title and interest, which it acquired by such taking or 
purchase, in and to the land so redeemed. No person shall Excessive coi- 
knowingly collect or attempt to collect for the redemption of wbiTed! *''° 
any such land a sum of money greater than that authorized 
by this section. 

Nothing in this section nor in sections sixty-five to seventy- Title of 
five, inclusive, shall be construed to prevent the title of a "^^rt^nxlldl 
person or a city or town purchasing land at a sale under ''eid by city. 
section seventy-nine or eighty from becoming absolute preven°ted from 
without any foreclosure proceedings under said sections absoi^te^etc 
sixty-five to seventj^-five, inclusive. 

Approved January 30, 1928. 



8 



Acts, 1928. — Chaps. U, 12, 13. 



Town of Gay 
Head may 
borrow money 
for purpose of 
acquiring land 
for and con- 
structing a 
town hall. 



Gay Head 
Town Hall 
Building Loan, 
Act of 1928. 



Chap. 11 An Act authorizing the town of gay head to borrow 

MONEY FOR THE PURPOSE OF ACQUIRING LAND FOR AND 
constructing A TOWN HALL, 

Be it enacted, etc., as follows: 

Section 1. For the purpose of acquiring land for and 
constructing a new town hall building and originally equip- 
ping and furnishing said building, the town of Gay Head 
may borrow from time to time, within a period of five years 
from the passage of this act, such sums as may be necessary, 
not exceeding, in the aggregate, six thousand dollars, and 
may issue bonds or notes therefor, which shall bear on their 
face the words. Gay Head Town Hall Building Loan, Act of 
1928. Each authorized issue shall constitute a separate 
loan, and such loans shall be paid in not moi'e than fifteen 
years from their dates, but no issue shall be authorized 
under this act unless a sum equal to an amount not less than 
ten per cent of such authorized issue is voted for the same 
purpose to be raised by the tax levy of the year when au- 
thorized. 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, exclusive of the proviso inserted in section seven of 
said chapter by chapter three hundred and thirty-eight of 
the acts of nineteen hundred and twenty-three. 

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

Apjjroved February 2, 1928. 

Chap. 12 An Act relative to the liability of collectors of 

TAXES IN CASE OF ARREST OR COMMITMENT OF A DELIN- 
QUENT TAXPAYER. 

Be it enacted, etc., as follows: 

Section thirty-two of chapter sixty of the General Laws 
is hereby amended by striking out, in the third line, the 
words "one year" and inserting in place thereof the words: 
— two years, — so as to read as follows: — Section 32. The 
collector shall be liable for the tax and the charges of im- 
prisonment of a person discharged, unless he arrested and 
committed such person within two years after the tax was 
committed to him for collection, or unless he shall be ex- 
onerated therefrom by the town to which the tax is due. 

Approved February 2, 1928. 

13 An Act relative to the remedy of certain corporations 

WHEN the value OF THEIR PROPERTY TAXABLE LOCALLY 
AS DETERMINED BY THE COMMISSIONER OF CORPORATIONS 
AND TAXATION IS LESS THAN THE VALUE AS DETERMINED 
BY THE LOCAL ASSESSORS. 

Be it enacted, etc., as follows: 

Section L Chapter sixty-three of the General Laws is 
hereby amended by inserting after section sixty-eight the 



G. L. 60, § 32, 
amended. 



Collector of 
taxes liable 
for tax, etc., 
of delinquent 
taxpayer, after 
discharge from 
commitment, 
in certain cases. 



Chap. 



G. L. 63, new 
section after 
i 68. 



Acts, 1928. — Chap. 14. 9 

following new section: — Section 68 A. If the value of the Remedy of 
works, structures, real estate, motor vehicles, machinery, tfoM when^""^^' 
poles, underground conduits, wires and pipes owned by a '^^0"^^^ ^toi"^ 
corporation taxable under any provision of this chapter and able locaiiy as 
which are subject to local taxation within the common- com^sTione'^^of 
wealth, as determined by the commissioner, is less than the and*taxation 
value thereof as determined by the assessors of the town is less tiian 
where it is situated, he shall give notice of his determination determfned by 
to such corporation; and, unless within one month after local assessors. 
the date of such notice it applies to said assessors for an 
abatement, and, upon their refusal to grant an abatement, 
prosecutes an appeal under section sixty-four of chapter 
fifty-nine, giving notice thereof to the commissioner, the 
valuation of the commissioner shall be conclusive upon said 
corporation. 

Section 2. Section fifty-seven of said chapter sixty- Repeal. 
three, as amended by section seven of chapter two hundred 
and seventy-nine of the acts of nineteen hundred and twenty- 
six and by section five of chapter two hundred and fifty-eight 
of the acts of nineteen hundred and twenty-seven, is hereby 
repealed. Approved February 2, 1928. 

An Act relative to books, lists, tables and returns QJiQ^n 14 
OF assessors. 

Be it enacted, etc., as follows: 

Section 1. Section forty-three of chapter fifty-nine of ^^^^^^^^ ? ^3, 
the General Laws is hereby amended by striking out all after 
the word ''manner" in the third line down to and including 
the word "entered" in the seventh line and inserting in 
place thereof the following: — : In each column provided in 
the book or books so furnished shall be entered the valuation 
of that portion, if any, of the personal property of each 
person and corporation, indicated by the heading thereof, — 
and by inserting after the word "provided" in the ninth 
line the word: — for, — so as to read as follows: — Section 43. valuation 
The assessors shall make, on the books furnished under oFprop^t^to 
section forty-five, a list of the valuation and the assessment boo'ks bVaa- 
thereon, in the following manner: In each column provided sessors. 
in the book or books so furnished shall be entered the valu- 
ation of that portion, if any, of the personal property of each 
person and corporation, indicated by the heading thereof. 
The total amount of the taxable personal property shall be 
shown, but without other detail or specification than is 
provided for herein. Before the taxes are committed for To be open to 
collection they shall deposit the books, or an attested copy fion'"' i'^spec- 
thereof, in their office or, if there is no office, with their 
chairman, for public inspection. 

Section 2. Section forty-five of said chapter fifty-nine, g. l. 59, § 45. 
as amended by section eleven of chapter three hundred and ®'''- ^"^'^'^ed. 
forty-three of the acts of nineteen hundred and twenty-five, 
is hereby further amended by inserting after the word 
"form" in the fifth line as printed in the General Laws the 



10 



Acts, 1928. — Chap. 14. 



Commissioner 
to furnish 
books to 
assessors. 



Proviso. 



G. L. 59. § 46, 
amended. 



Directions to 
assessors in 
making lists in 
books. 



G. L. 59, § 47, 
etc., amended. 



Assessors to 
prepare table 
of aggregates 
and deposit 
copy annually 
with commis- 



G. L. .59, § 52, 
amended. 

Statement of 
assessors to 
valuation list. 



words: — or in such other form as the commissioner shall 
from time to time determine, — and by inserting after the 
word "city" in the sixth and eighth lines as printed as afore- 
said, in each instance, the words: — or town, — so that the 
first paragraph will read as follows: — Section ^5. The com- 
missioner shall provide each city and town, on or before 
April first annually, suitable books for the use of the as- 
sessors in the assessment of taxes, which shall contain blank 
columns, with uniform headings for a valuation list, and 
blank tables for aggregates, in the following form or in such 
other form as the commissioner shall from time to time 
determine; provided, that in lieu of the valuation list pro- 
vided for in this section and the preceding two sections, the 
assessors of any city or town may, with the assent of the 
commissioner, prepare a valuation list upon books furnished 
by the city or town and in such form as the commissioner 
shall approve, and that, for the separate listing of poll 
taxes under section four of chapter sixty, such portion of the 
books furnished by the commissioner as he shall determine 
may contain only the first three columns of said form. 

Section 3. Section forty-six of said chapter fifty-nine 
is hereby amended by striking out all after the word "and" 
in the third line down to and including the word "State" in 
the tenth line and inserting in place thereof the words: — 
shall state, — so as to read as follows: — Section IfB. The 
assessors shall enter in the books so furnished the valuation 
and assessment of the polls and estates of the persons as- 
sessed, as directed in the headings of the various columns 
and shall state the value of each building described, in- 
cluding therein water wheels but excluding land and water 
power and machinery used in the building. 

Section 4. Section forty-seven of said chapter fifty-nine, 
as amended by section ten of said chapter three hundred 
and forty-three, is hereby further amended by striking out 
all after the word "same" in the fourth line as printed in 
the General Laws, — so as to read as follows: — Section 47. 
The assessors shall fill up the table of aggregates by an 
enumeration of the necessary items included in the lists of 
valuation and assessments, and shall annually, on or before 
October first, deposit in the office of the commissioner an 
attested copy of the same. 

Section 5. Said chapter fifty-nine is hereby further 
amended by striking out section fifty-two and inserting in 
place thereof the following: — Section 52. The assessors, or 
other persons authorized to assess taxes, shall, at the end of 
said valuation list, subscribe the following statement: 



We, the assessors (or other persons so authorized, as the case 
may be,) of , do severally state, that the foregoing list 

is a full and true list of the names of all persons known to us, who 
are liable to taxation in , (here in.sert the name of the 

city or town,) during the present year, and that the real and per- 
sonal estate contained in said list, and assessed upon each person 
in said list, is a full and accurate assessment upon all the property 



Acts, 1928. —Chaps. 15, 16. 11 

of each person, liable to taxation, at its full and fair cash value, 
according to our best knowledge and belief. This statement is 
made under the penalties of perjury. 

Failure to subscribe the foreffoiner statement shall not ^tr'^''^^/"'" 

I • 1 1 ■ 1 1 1 11 1 taiiure to 

invalidate a tax otherwise legally assessed; but whoever subscribe 
assesses taxes in a town without having subscribed the same ^'■'^'•®™^"*- 
shall be punished by a fine of ten dollars. 

Approved February 2, 192S. 

An Act providing for the regulation of the speed of Chap 15 

MOTOR AND OTHER BOATS IN THE HARBOR OF MARBLE- 
HEAD. 

Be it enacted, etc., as follows: 

Section 1, The harbor master of the town of Marble- The harbor 
head may make and enforce reasonable rules and regulations JS^M^rwlhS* 
governing the speed in Marblehead harbor of boats pro- may regulate 
pelled by gasoline or naphtha or by steam, electric or me- and other boats 
chanical power. Violation of any such rule or regulation Ifarbo?.'''''''^*'^ 
shall be punished by a fine not exceeding twenty dollars. Penalty. 

Section 2. This act shall take effect upon its acceptance Submission to 
by the voters of said town in town meeting; but for the pur- ^"^^''s- ^^■ 
pose of such acceptance only, shall take effect upon its 
passage. Approved February 2, 1928. 

An Act authorizing the town of lee to borrow money (jhQy ia 

FOR school purposes. ^' 

Be it enacted, etc., as follows: 

Section 1. For the purpose of constructing an addition Town of Lee 
to the central school building which will increase the floor money°fw^^ 
space of said building, including the cost of originally equip- school pur- 
ping and furnishing such addition, the town of Lee may 
borrow, from time to time within a period of five years from 
the passage of this act, 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, Lee School Loan, Act of 1928. Each Lee school 
authorized issue shall constitute a separate loan, and such 1928"' ''*° 
loans shall be paid in not more than fifteen years from their 
dates, but no issue shall be authorized under this act unless 
a sum equal to an amount not less than ten per cent of such 
authorized issue is voted for the same purpose to be raised by 
the tax levy of the year when authorized. 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, exclusive of the 
proviso inserted in section seven of said chapter by chapter 
three hundred and thirty-eight of the acts of nineteen hun- 
dred and twenty-three. 

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

Approved February 8, 1928. 



12 



Acts, 1928. — Chap. 17. 



Certain acts 
and proceedings 
of town of 
Spencer and 
its board of 
water com- 
missioners con- 
firmed and 
validated. 



Board of water 
commissioners, 
election, 
terms, etc. 



Chap. 17 An Act relative to the water commissioners of the 

TOWN OF SPENCER. 

Be it enacted, etc., as follows: 

Section 1. All acts and proceedings of the town of 
Spencer and its board of water commissioners from and after 
April seventh, eighteen hundred and eighty-four, in so far 
as said acts and proceedings might be invalid by reason of 
the absence of any general or special laws authorizing the 
election of water commissioners in said town, are hereby 
confirmed and made valid. 

Section 2. The said town shall, at its next annual town 
meeting or at a meeting called for the purpose subsequent 
to the passage of this act, elect by ballot three persons to 
constitute a board of water commissioners, one of whom shall 
hold office until the expiration of three years, one until the 
expiration of two years, and one until the expiration of one 
year, from the annual town meeting in the current year; 
and, at each annual town meeting held thereafter, one such 
commissioner shall be elected by ballot for a term of three 
years. All the authority granted to said town by this act, 
or by any general or special law pertaining to the management 
and operation of its water department, shall be vested in 
the said board of commissioners who shall be subject, how- 
ever, to such instructions, rules and regulations as said town 
may impose by its vote. A majority of said commissioners 
shall constitute a quorum for the transaction of business. 
Any vacancy occurring in said board from any cause may 
be filled for the remainder of the unexpired term by said 
town at any town meeting called for the purpose. Any such 
vacancy may be filled temporarily bj'' a majority vote of the 
selectmen and remaining members of the board of water 
commissioners, and the person so appointed shall hold office 
until said town fills the vacancy in the manner specified 
herein. 

Section 3. Said board of commissioners shall fix just 
and equitable prices and rates for the use of water and shall 
prescribe the time and manner of payment. The income of 
the water works shall be applied to defraying all operating 
expenses, interest charges and payments on the principal as 
they become due upon any bonds or notes issued for water 
purposes under authority of any general or special law. If 
there should be a net surplus remaining after providing for 
the aforesaid charges, it shall be used for such new construc- 
tion as the town may authorize by its vote; and in case a 
surplus should remain after payment for such new con- 
struction the water rates shall be reduced proportionately. 
Said board shall annually, and as often as said town may 
require, render a report of the condition of the works under 
its charge and an account of its doings, including an account 
of receipts and expenditures. 

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

Approved February 8, 1928. 



Quorum. 



Vacancy in 
board. 



Commissioners 
to fix water 
rates, etc. 

Income, how 
applied. 



Net surplus, 
how to be 
used, etc. 



Annual report. 



Acts, 1928. — Chaps. 18, 19. 13 



An Act authorizing the town of Greenfield to appro- Chap. 18 

PKIATE money to PROVIDE FACILITIES FOR HOLDING IN 
SAID TOWN DURING THE CURRENT YEAR THE ANNUAL 
REUNION OF THE ONE HUNDRED AND FOURTH UNITED 
STATES INFANTRY VETERANS ASSOCIATION, AMERICAN 
EXPEDITIONARY FORCES. 

Be it enacted, etc., as follows: 

Section 1. The town of Greenfield may appropriate a Q°^e"ggid 
sum, not exceeding fifteen hundred dollars, for the purpose may appropri- 
of providing proper facilities for public entertainment at the sunfoTmorTey 
time of the annual reunion of the one hundred and fourth f^cfntilL'^for 
United States infantry veterans association, American ex- holding annual 
peditionary forces, to be held in said town during the current [fundre/lnd*^ 
year and of paying the expenses incidental to such entertain- |°^^th United 
ment. Money so appropriated shall be expended under the veterans ' 
direction and control of the board of selectmen of said town. Amerfean"' 

Section 2. This act shall take effect upon its passage. for^'ces'*'''"""^^ 

Approved February 8, 1928. Trbe expended 

under direction 

— of board of 

selectmen. 



An Act authorizing the town of holbrook to borrow (JJku) \q 
money for school purposes. ^' 

Be it enacted, etc., as follows: 

Section 1. For the purpose of remodeUing the Sumner Town of 
high school building and for constructing an addition to said to°row°mo™ey 
building, such addition to increase the floor space of said for school 
building, and for originally equipping and furnishing such 
addition, the town of Holbrook may borrow from time to 
time, within a period of five years from the passage of this 
act, such sums as may be necessary, not exceeding, in the 
aggregate, one hundred and twenty thousand dollars, and 
may issue bonds or notes therefor, which shall bear on their 
face the words, Holbrook School Loan, Act of 1928. Each Holbrook 
authorized issue shall constitute a separate loan, and such iet°o°f 1928"' 
loans shall be paid in not more than fifteen years from their 
dates, but no issue shall be authorized under this act unless 
a sum equal to an amount not less than ten per cent of such 
authorized issue is voted for the same purpose to be raised by 
the tax levy of the year when authorized. Two thirds of the 
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, exclusive 
of the proviso inserted in section seven of said chapter by 
chapter three hundred and thirty-eight of the acts of nineteen 
hundred and twenty-three. 

Section 2. Chapter one hundred and forty-three of the Repeal, 
acts of nineteen hundred and twenty-seven is hereby repealed. 

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

Approved February 8, 1928. 



14 



Acts, 1928. — Chaps. 20, 21, 22. 



G. L. 131, § 26, 
amended. 



Chap. 20 An Act penalizing the possession of certain wild birds. 

Be it enacted, etc., as follows: 

Section twenty-six of chapter one hundred and thirty-one 
of the General Laws is hereby amended by striking out, in 
the first and fourth hnes, the word "or" and inserting in 
place thereof in each instance a comma, — by inserting after 
the word "kills" in the first line the words: — or has in 
possession, — and by adding at the end thereof the words: — 
or had in possession, — so as to read as follows: — Section 
26. Whoever takes, kills or has in possession a Bartramian 
sandpiper, also called upland plover, a wood duck, a Carolina 
or mourning dove, a gull or a tern shall be punished by a fine 
of not less than ten nor more than fifty dollars for every bird 
so taken, killed or had in possession. 

Approved February 8, 1928. 



Penalty for 
taking, killing 
or possessing 
certain wild 
birds. 



Chap. 21 An Act relative to the revocation of lobster licenses 
ON second or subsequent convictions of violations 

OF THE FISH AND GAME LAWS. 

Be it enacted, etc., as follows: 

Chapter one hundred and thirty of the General Laws is 
hereby amended by striking out section one hundred and 
five and inserting in place thereof the following: — Section 
105. If a licensee under the preceding section is convicted 
a second or subsequent time within a period of three j^ears 
of violation of the same or a different provision of the fish 
and game laws he shall immediately surrender his license 
to the officer who secured the second conviction, and the 
license shall be void, and the licensee shall not receive another 
such license until after the expiration of one year from the 
date of the second conviction; provided, that a conviction 
of having short lobsters in possession shall not be counted as a 
conviction under this section unless more than two per cent 
in count of the lobsters in possession by the licensee were 
vshort lobsters. Approved February 8, 1928. 



G. L. 130, 

§ 105, amended. 

Revocation of 
lobster licenses 
on second or 
subsequent 
convictions of 
violations of 
fish and game 
laws. 



Proviso. 



Chap. 22 An Act reviving the international medical missionary 

SOCIETY. 

Be it 'enacted, etc., as follows: 

The International Medical Missionary Society, a corpora- 
tion dissolved by chapter one hundred and fifty-seven of the 
Special Acts of nineteen hundred and seventeen, is hereby 
revived with the same powers, duties and obligations as if 
said chapter had not been passed. 

Approved February 8, 1928, 



The Inter- 
national 
Medical Mis- 
sionary Society 
revived. 



Acts, 1928. — Chaps. 23, 24, 25. 15 



An Act authorizing the town of hincham to lease (^Jiqj) 23 
certain park land to the iiingham yacht club. 

Be it enacted, etc., as follows: 

Section 1. The planning board or board of park com- Town of 
missioners of the town of Hingharn may, if and as authorized "as! eertarr^ 
by vote of the town, lease to the Hingham Yacht Club for ^^^^j^^^*^ 
the purposes for which it was incorporated, such part of land Yacht ciub. 
taken by said town under section three of chapter forty-five 
of the General Laws, as is now occupied by the building and 
runways of said club and which is not needed by said town 
for the purposes for which it was taken, for terms not exceed- 
ing five years each. 

Section 2. This act shall take effect upon its acceptance Effective upon 
by the inhabitants of the town of Hingham at its next annual acceptance, etc. 
town meeting, but not otherwise; provided, that, for the Proviso, 
purpose only of such acceptance, it shall take effect upon its 
passage. Approved February 8, 1928. 



An Act prohibiting the use of traps, nets or snares r*/,^^ 04 

FOR THE TAKING OR KILLING OF ANY WILD BIRD AND ^' 

otherwise REGULATING THE HUNTING THEREOF, 

Be it enacted, etc., as follows: 

Chapter one hundred and thirty-one of the General Laws g. l. 1.31, 
is hereby amended by striking out section fifty-seven and ^ ^^' amended. 
inserting in place thereof the following: — Section 57. Who- Taking or 
ever constructs, sets, places, maintains or tends a trap, net wUd^birds by 
or snare for the purpose of taking or kilHng a wild bird, or gt^ °^rohfbited 
whoever pursues, shoots at or kills any wild bird with a ' 
swivel or pivot gun, or by the use of a torch, jack or artificial 
light, or by the aid or use of any vehicle, boat or floating 
device propelled by steam, naphtha, gasoline, electricity, 
compressed air or similar motive power, or by mechanical 
means other than sails, oars or paddles, except by the aid 
or use of such a boat or floating device when at anchor, shall Penalty. 
be punished by a fine of not less than five nor more than fifty 
dollars. Approved February 8, 1928. 



An Act relative to the keeping of records of motor (^'Jiq^ 25 

VEHICLES leased UPON A MILEAGE BASIS. 

Be it enacted, etc., as follows: 

Chapter ninety of the General Laws is hereby amended ^g^^o„^'^j^f"/j''' 
by inserting after section thirty-two A, inserted by section § ■32A. 
one of chapter two hundred and thirty-seven of the acts of 
nineteen hundred and twenty-five, the following new section: 
— Section S2B. Every owner, proprietor, person in control kZv^lecord ^ . 
or keeper of an establishment leasing motor vehicles for motor vehiciea 

,• ,1 -ii-iiii leased upon a 

compensation computed upon a mileage basis shall keep or mileage basis. 



16 Acts, 1928. — Chaps. 26, 27. 

cause to be kept in a book a proper record of every motor 
Contents. vehicle so leased by him. Said record shall contain the 

registration number and the name of the maker of the motor 
vehicle so leased, the time the motor vehicle left the estab- 
lishment and the time of its return, and the signature in full 
of the lessee in his own handwriting, his residence and the 
To be open to number of his operator's license. Said record shall be open 
po!fc^e°*^'°" ° at all times to the inspection of the police. 

Approved February 8, 1928. 



Chew. 26 An Act providing for the establishment of a reserve 

POLICE FORCE IN THE TOWN OF WINTHROP. 

Be it enacted, etc., as follows: 
Town of Section 1. The town of Winthrop may establish a 

Winthrop may i- /• ■ i- c . j.v /z i 

establish a . rcscrvc poiicc lorcc cousistiiig 01 uot morc than live members, 
force!^ ^"'"'^ and appointments thereto shall, subject to chapter thirty- 
one of the General Laws, be made in the same manner as 
appointments to the regular police force of said town. The 
chief of police of said town may assign the members of such 
reserve force to duty in said town whenever and for such 
Ind'^dutiiTof^'^^ length of time as he may deem necessary ; and when on duty 
members of the membcrs of said reserve force shall have all the powers 
force.^"^ ^° ^'^^ and duties of members of the regular police force of said town. 
Submission to Section 2. This act may be submitted to the voters of 

voters, etc. •!, r , , ^ , •• i 

said town tor acceptance at any annual town meeting, and, 
for the purpose of such submission only, shall take effect 
upon its passage. The vote shall be taken in answer to the 
following question which shall be placed upon the official 
ballot to be used for the election of town officers at said 
meeting: — "Shall an act passed by the general court in the 
year nineteen hundred and twenty-eight, entitled 'An Act 
providing for the establishment of a reserve police force in 
the town of Winthrop', be accepted?" If a majority of the 
votes in answer to said question are in the affirmative, this 
act shall thereupon take full effect, but not otherwise. 

Approved February 8, 1928. 



Chap. 27 An Act relative to the preparation by the commissioner 

OF BANKS OF THE ANNUAL LIST OF INVESTMENTS FOR SAV- 
INGS BANKS. 

Be it enacted, etc., as follows: 

G. L, 168, 1 54, Clause Fifteenth of section fifty-four of chapter one hundred 

etcTamlnde'd. and sixty-cight of the General Laws, as amended by section 

three of chapter three hundred and fifty-one of the acts of 

nineteen hundred and twenty-six, is hereby further amended 

by striking out, in the first fine of said clause, the word 

"February" and inserting in place thereof the word: — July, 

Commissioner — SO as to read as follows: — Fifteenth, Annually, not later 

pre'pa're^ ^° than July first, the commissioner shall prepare a list of all the 



Acts, 1928. — Chap. 28. 17 

bonds and notes which are then legal investments under the annually list 
provisions of clause Third, Fourth, Fifth, Sixth A or Seven- noto°"which'^ 
teenth. Said list shall at all times be open to public inspection f^dstoentg 
and a f'op}^ thereof shall be sent to every savings bank. In for savings 
the preparation of any list which the commissioner is required g^pert assist- 
to furnish, he may employ such expert assistance as he deems anoe. 
proper or may reh"- upon information contained in publica- 
tions which he deems authoritative in reference to such 
matters; and he shall be in no way held responsible for the Not responsible 
omission from such list of the name of any state, municipality omiss[ons°from 
or corporation the bonds or notes of which conform to the ^^^^' ^*''- 
provisions of this section, or of any bonds or notes which so 
conform, nor shall he be held responsible for the inclusion 
in such list of any such names or bonds or notes which do 
not so conform. Approved February 8, 1928. 



An Act reducing the maximum age for sentence and PJiq^ 28 
commitment to the massachusetts reformatory. ^ ' 

Be it enacted, etc., as follows: 

Section 1. Section thirty-one of chapter two hundred ^^^fj^- ^ ^'• 
and seventy-nine of the General Laws is hereby amended 
by striking out, in the first line, the word ''fort}^" and insert- 
ing in place thereof the word: — thirty, — so as to read as 
follows: — Section 31. A male under thirty years of age, Persons pun- 
not previously sentenced for felonj^ more than three times, Massachusetts 
convicted of a crime punishable by imprisonment in the state reformatory. 
prison or in a jail or house of correction may be sentenced 
to the Massachusetts reformatory. District courts and trial 
justices shall have the same jurisdiction to sentence such 
person to said reformatory as they have to sentence him to 
such jail or house of correction. 

Section 2. Section twenty-three of chapter one hundred g. l 125, § 23, 
and twenty-five of the General Laws is hereby amended by ^"'^'^ ^ 
striking out, in the third line, the word "forty" and insert- 
ing in place thereof the word: — thirty, — so as to read as 
follows : — Section £3. The Massachusetts reformatory at Purposes of 

y^ iiiiiji r J • cii Massachusetts 

Concord shall be the reformatory prison for the common- reformatory. 
wealth in which ail male persons under the age of thirty 
convicted of crime in the courts of the commonwealth or of 
the United States, and duly sentenced or removed thereto, 
shall be imprisoned and detained in accordance with the 
sentences or orders of said courts and the rules and regulations 
of said reformatory. 

Section 3, This act shall become operative on September when 
first of the current year, but it shall not affect any sentence ^^^^^j.^^^^^' 
imposed prior to said date or any commitment made there- active '^° 
under. Approved February 8, 1928. 



Acts, 1928. — Chaps. 29/30. 



Chap. 29 An Act authorizing the congregation of the sisters 

OF SAINT JOSEPH OF SPRINGFIELD TO ESTABLISH IN THE 
CITY OF CHICOPEE THE COLLEGE OF OUR LADY OF THE ELMS 
AND EMPOWERING SAID CORPORATION TO GRANT CERTAIN 
DEGREES AT SAID COLLEGE. 



The Congre- 
gation of the 
Sisters of 
Saint Joseph of 
Springfield may 
establish in 
city of 

Chicopee the 
College of Our 
Lady of the 
Elms. 



May confer 
certain degrees. 



Be it enacted, etc., asfolloivs: 

The Congregation of the Sisters of Saint Joseph of Spring- 
field, a rehgious and educational corporation incorporated 
under general law on the sixteenth day of December, eighteen 
hundred and ninety-two, for the purpose of training children 
to religion and sound morals and for their general education, 
and for other charitable and religious purposes, is hereby 
authorized and empowered, in extension of its present powers, 
to conduct and maintain in the city of Chicopee a college 
for the higher education of women to be called "College of 
Our Lady of the Elms", and to provide therein instruction 
in such of the languages and of the useful and liberal arts 
and sciences as the directors of said corporation shall from 
time to time determine; and said corporation is further 
authorized to confer at such college such degrees as are usually 
conferred by colleges in this commonwealth, except medical 
degrees and degrees of bachelor of laws. 

Approved February 8, 1928. 



Chap, 30 An Act authorizing the town of millis to sell and 

CONVEY CERTAIN PARK LAND. 



Town of 
Millis may sell 
and convey 
certain park 
land. 



Submission to 
voters, etc. 



Be it enacted, etc., as follows: 

Section 1. The town of Millis may, upon such terms and 
for such considerations as the board of selectmen of said 
town may determine, convey the whole or any part or parts 
of certain park land in said town within a district bounded 
northwesterly and northerly by Curve street, northeasterly 
by Union street, southeasterl}^ by other park land of said 
town, southerly and southwesterly by land of the Safepack 
Mills and westerly by the land of Everett L. Coldwell; and 
may, upon the terms and for the considerations aforesaid, 
grant an easement or easements in or over any part or parts 
of such park land. 

Section 2. This act shall be submitted for acceptance 
to the voters of said town at its next annual town meeting 
and shall take full effect upon its acceptance by a majority 
of the voters voting on the question; but, for the purpose of 
such submission, it shall take effect upon its passage. 

Approved February 8, 1928. 



Acts, 1928. — Chaps. 31, 32. 19 

An Act authorizing the department of education to QJiav 31 

WAIVE REQUIREMENTS AS TO LENGTH OF SCHOOL YEAR FOR ^' 

CERTAIN HIGH SCHOOLS IN CASE OF TEMPORARY CLOSING 
ON ACCOUNT OF EPIDEMIC OR EMERGENCY. 

Be it enacted, etc., as follows: 

Section four of chapter seventy-one of the General Laws g. l. 71, § 4, 
is hereby amended by inserting after the word "year" in the "™®°'*^'^- 
eleventh line the words: — , unless specifically exempted as 
to any one school year by the department because of epi- 
demic or other emergency, — so as to read as follows: — 
Section 4- Every town containing, according to the latest ^^J^aUiJ^'*'"^ 
census, state or national, five hundred families or house- tain high 
holders, shall, unless specifically exempted by the depart- ^'''^°°'^' ^^'^■ 
ment and under conditions defined by it, maintain a high 
school, adequatel}'^ equipped, which shall be kept by a prin- 
cipal and such assistants as may be needed, of competent 
ability and good morals, who shall give instruction in such 
subjects as the school committee considers expedient. One Length of 
or more courses of study, at least four 3^ears in length, shall ^°^°°' ^^'^' 
be maintained in such high school and it shall be kept open 
for the benefit of all the inhabitants of the town for at least 
one hundred and eighty days, exclusive of vacations, in each 
school year, unless specifically exempted as to any one school Exemption, 
year by the department because of epidemic or other emer- 
gency. Each high school maintained by a town required to 
belong to a superintendency union shall be conducted in 
accordance with standards of organization, equipment and 
instruction approved from time to time by the department. 

Approved February 9, 1928. 



An Act relative to the location of the regis college (JJidj) 32 

FOR WOMEN in THE TOWN OF WESTON. 

Be it enacted, etc., as follows: 

Section 1. Chapter thirty-four of the acts of nineteen 1927,34, 
hundred and twenty-seven is hereby amended by inserting *"^«'"ied. 
after the word "Newton" in the seventh line the words: — 
and in the town of Weston, — so as to read as follows: — 
The Congregation of the Sisters of Saint Joseph of Boston, The Congrega- 
a rehgious and educational corporation, incorporated under sTstersof^ 
general law on the twenty-fifth day of March, eighteen hun- ff 'Bog{°Q®^a 
dred and eighty for the purpose of training children to religion establish The 
and sound morals and for their general education, is hereby for°Wom°inm 
authorized and empowered, in addition to its present powers, ^IwtonaLd 
to conduct and maintain in the city of Newton and in the in the town 
town of Weston a college for the higher education of women °^ ^^e^^"*- 
to be called The Regis College for Women, and to provide 
therein instruction in such of the languages and of the useful 
and liberal arts and sciences as the directors of said corpora- 
tion shall from time to time determine, subject to such regu- 



20 



Acts, 1928. — Chaps. 33, 34, 35. 



May confer 
certain degrees. 



When 
operative. 



lations as the department of education shall impose; and 
said corporation is hereby further authorized to confer at 
such college such degrees as are usually conferred by colleges 
in this commonwealth, except medical degrees and degrees 
of bachelor of laws. 

Section 2. This act shall be operative as of the effective 
date of chapter thirty-four of the acts of nineteen hundred 
and twenty-seven. Approved February 9, 1928. 



Chap. 33 An Act AUTHORIZING THE TOWN OF BUCKLAND TO CONTRIBUTE 
TOWARD THE COST OF MAINTAINING A FREE PUBLIC LIBRARY 
IN THE TOWN OF SHELBURNE. 

Be it enacted, etc., as follows: 

Section 1. The town of Buckland may annually appro- 
priate a sum of money not exceeding seven hundred dollars 
and pay the same to the treasurer of the Arms Library 
Association, which maintains a free public library in the town 
of Shelburne, as a contribution by said town of Buckland 
toward the cost of maintaining said library; provided, that 
the inhabitants of the town of Buckland have free use of said 
library. 

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

Approved February 13, 1928. 



Town of 
Buckland 
may con- 
tribute toward 
cost of main- 
taining a free 
public library 
in town of 
Shelburne. 
Proviso. 



Chap. 34 An Act authorizing the tabor academy to hold addi- 
tional PROPERTY. 



The Tabor 
Academy 
may hold 
additional 
property. 



Be it enacted, etc., asfolloics: 

The Tabor Academy, incorporated by chapter one hundred 
and fifty-three of the acts of eighteen hundred and ninety, 
is hereby authorized to hold property for the purposes of said 
corporation to an amount not exceeding two million dollars. 

Approved February 13, 1928. 



Chap. 35 An Act prohibiting the use of traw^ls in certain waters 

IN buzzard's BAY DURING THE MONTHS OF MARCH, APRIL 
AND MAY. 



Use of trawls 
in certain 
waters in 
Buzzard's Bay 
during months 
of March, April 
and May, 
prohibited. 

Penalty. 



When 
operative. 



Be it enacted, etc., as follows: 

Section 1. No person shall draw, set, stretch, use or 
maintain any trawl between March first and May thirty- 
first, both dates inclusive, in any year, in the waters lying 
northerly and easterly of a line drawn from Angelica Point 
in the town of Mattapoisett to the entrance of West Fal- 
mouth harbor. Violation of this act shall be punished by a 
fine of not less than twenty nor more than fifty dollars. 

Section 2. This act shall become operative on the first 
day of March in the current year. 

Approved February 13, 1928.. 



Acts, 1928. — Chaps. 36, 37, 38. 21 



An Act authorizing municipal appropriations for cer- Chap. 36 

TAIN TRAVELING AND OTHER EXPENSES OF MUNICIPAL 
officers AND EMPLOYEES. 

Be it enacted, etc., as follows: 

Section five of chapter forty of the General Laws, as g. l. 4o, § 5, 
amended, is hereby further amended by adding after clause chu'setYter 
(33), inserted by chapter one hundred and sixteen of the d- (33). 
acts of nineteen hundred and twenty-six, the following new 
clause : — 

(34) For the necessary expenses of municipal officers cities and 
and employees of any particular department incurred outside maklappro- 
the commonwealth in securing information upon matters P"ations for 
in which the city or town is interested or which may tend to ing and other 
improve the service in such department, if such appropriation n^uni'ci^^ai'^ 
is specified to be and is limited to such expenses incurred e|J|''fo^ees'^gtc 
as aforesaid. Such expenses may also be incurred anywhere 
within the commonwealth and in such case shall be chargeable 
against any appropriation made for the ordinary mainte- 
nance of the department incurring the same. 

Approved February 13, 1928. 



An Act relative to expenditures by the town of Chap. 37 

MARBLEHEAD FOR MUNICIPAL ADVERTISING PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. The town of Marblehead may annually Town of 
appropriate a sum not exceeding five hundred dollars for the may onn^aiiy 
purpose of advertising the advantages of the town, with cg^tem'sum^ 
special reference to its facilities for summer vacation, recrea- for municipal 
tion and seashore purposes; provided, however, that as to purpoS"^ 
each such appropriation a sum equal to the amount thereof Proviso. 
shall previously have been raised by public subscription and 
paid into the town treasury to be expended for the aforesaid 
advertising purpose. The money so appropriated by the to be expended 
town and so raised by subscription shall be expended under of^boLd"^^^ '"" 
the direction of the board of selectmen. °f selectmen. 

Section 2. This act shall take effect upon its acceptance Effective upon 
by a majority of the voters of the town of Marblehead present vote?s!^etc. '^ 
and voting thereon at any special or regular town meeting; 
and for the purpose only of being submitted to the voters of 
said town as aforesaid, this act shall take effect upon its 
passage. Approved February 14, 1928. 



An Act relative to expenditures by the town of Chap. 38 

ROCKPORT FOR MUNICIPAL ADVERTISING PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. The town of Rockport may annually ap- Town of 
propriate a sum not exceeding five hundred dollars for the mayTnnuaiiy 



22 



Acts, 1928. — Chap. 39. 



appropriate a 
certain sum 
for municipal 
advertising 
purposes. 
Proviso. 



To be expended 
under direction 
of board 
of selectmen. 

Effective upon 
acceptance by 
voters, etc. 



purpose of advertising the advantages of the town, with 
special reference to its facihties for summer vacation, rec- 
reation and seashore purposes; provided, however, that as 
to each such appropriation a sum equal to the amount 
thereof shall previously have been raised by public sub- 
scription and paid into the town treasury to be expended 
for the aforesaid advertising purpose. The money so ap- 
propriated by the town and so raised by subscription shall 
be expended under the direction of the board of selectmen. 

Section 2. This act shall take effect upon its acceptance 
by a majority of the voters of the town of Rockport present 
and voting thereon at any special or regular town meeting; 
and for the purpose only of being submitted to the voters 
of said town as aforesaid, this act shall take effect upon its 
passage. Approved February I4, 1928. 



G. L. 231, § 142, 
amended. 



Sections appli- 
cable to real 
and mixed 
actions began 
in superior 
court, and to 
all proceedings 
before land 
court, etc., 
except, etc. 



Chap. 39 An Act relative to the admission of material facts 

AND DOCUMENTS IN PROCEEDINGS BEFORE THE LAND 
COURT AND IN OTHER PROCEEDINGS. 

Be it enacted, etc., as follows: 

Section one hundred and forty-two of chapter two hun- 
dred and thirty-one of the General Laws is hereby amended 
by inserting after the word "sixty-eight" in the sixth and 
seventh lines the word: — , sixty-nine, — so as to read as 
follows: — Section 1^2. Sections eight, twelve, thirteen, 
fifteen, sixteen, seventeen, eighteen, nineteen, twenty, 
twenty-one, twenty-two, twenty-three, thirty, thirty-one, 
thirty-five, thirty-nine, forty-two, forty-three, forty-four, 
forty-five, forty-seven, forty-eight, forty-nine, fifty, fifty- 
one, fifty-two, fifty-three, fifty-four, fifty-six, fifty-seven, 
fifty-eight, sixty, sixty-one, sixty-two, sixty-three, sixty- 
four, sixty-five, sixty-six, sixty-seven, sixty-eight, sixty-nine, 
seventy-one, seventy-two, seventy-three, seventy-sLx, 
seventy-seven, seventy-eight, seventy-nine, eighty, eighty- 
one, eighty-three, eighty-seven, eighty-nine, ninety, ninety- 
six, one hundred and eleven, one hundred and twelve, one 
hundred and thirteen, one hundred and fourteen, one hun- 
dred and fifteen, one hundred and sixteen, one hundred and 
seventeen, one hundred and eighteen, one hundred and 
nineteen, one hundred and twenty, one hundred and twenty- 
one, one hundred and twenty-two, one hundred and twenty- 
three, one hundred and twenty-four, one hundred and 
twenty-five, one hundred and twenty-six, one hundred and 
twenty-seven, one hundred and twenty-eight, one hundred 
and twenty-nine, one hundred and thirty, one hundred and 
thirty-one, one hundred and thirty-two, one hundred and 
thirty-three, one hundred and thirty-four, one hundred 
and thirty-five, one hundred and thirty-six, one hundred and 
thirty-seven, one hundred and thirty-eight and one hundred 
and thirty-nine shall apply to such real and mixed actions 
as may be begun in the superior court, and to all proceedings 
before the land court, or begun there and pending on issues 



Acts, 1928. — Chaps. 40, 41. 23 

to a jury in the superior court, to which they arc apphcablc, 
and no other sections of this chapter shall so apply except 
by their express language. Apyroved February I4, 1928. 



An Act relative to fresh food fish. Chnrt 40 

Be a enacted, etc., as follows: 

Section 1. Chapter ninety-four of the General Laws, as g. l, 94, § 82, 
amended in section eighty-two by section two of chapter ^^'^■- ai^ended. 
three hundred and thirtj^-eight of the acts of nineteen hun- 
dred and twentj'^-two, is hereby further amended by striking 
out said section eighty-two and inserting in place thereof the 
following: — Section 82. Whoever, himself or by his agent, Penalty for 
sells, or offers or exposes for sale, or keeps with intent to sell etc^,°fislf,'and ' 
or offer or expose for sale, for food purposes fish which is o7iaws'^eiat- 
tainted, diseased, corrupted, decayed, unwholesome or unfit ingtosaie, 

/• r 1 r 1 • 1 i. • • r inspection, 

tor lood from any cause, or whoever violates any provision 01 etcr, of fish. 
sections seventy-four to eighty, inclusive, or of any rule or 
regulation made under section eighty-one, or prevents, ob- 
structs or interferes with the state inspector of fish or his 
deputy in the performance of his duties under said sections, 
or hinders, obstructs or interferes with any inspection or 
examination by him, or secretes or removes any fish for the 
purpose of preventing the inspection or examination of the 
same under the preceding 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. 

Section 2. Section one hundred and fifty of said chap- g. l. 94, § 150, 
ter ninety-four, as amended by chapter forty-six of the acts ^*''' amended. 
of nineteen hundred and twenty-seven, is hereby further 
amended by striking out, in the fifth line, the word "fish," 
— so as to read as follows: — Section 150. Whoever, him- Penalty for 
self or by his agent, sells or offers for sale for food or drink ^^jj^i^ofe^ "^ 
any diseased animal or product thereof or any tainted, some food. 
diseased, corrupt, decayed or unwholesome carcass, meat, 
vegetable, produce, fruit or provisions of any kind, except 
when packed in such a container that upon reasonable in- 
spection the condition of the contents thereof cannot be 
ascertained, without making the condition of the thing sold 
or offered for sale fully known to the buyer, shall be pun- 
ished by a fine of not more than two hundred dollars or by 
imprisonment for not more than six months, or both. 

Approved February I4, 1928. 

An Act authorizing the transfer of the care, custody ni..,^-. 41 

AND control of CERTAIN LAND AND BUILDINGS OF THE ^ * 

ESSEX COUNTY TUBERCULOSIS HOSPITAL AND OF THE 
ESSEX COUNTY INDUSTRIAL FARM. 

Be it enacted, etc., as follows: 

The county commissioners of Essex county, acting in their Transfer of 
respective capacities of trustees of the Essex County Tubercu- etc!'oTce?fam 
losis Hospital and of said commissioners, are hereby au- ^^''^?;^f 



24 



Acts, 1928. — Chaps. 42, 43. 



Essex County 
Tuberculosis 
Hospital and 
of Essex 
County Indus- 
trial Farm 
authorized. 



thorized to transfer the care, custody and control of so much 
of the land and buildings of said hospital to themselves in 
the capacity of county commissioners for the purposes of the 
Essex County Industrial Farm, and to transfer the care, 
custody and control of so much of the land and buildings of 
said industrial farm to themselves in the capacity of trustees 
of said hospital, as they shall deem advisable for the improve- 
ment of accommodations and conditions at said hospital and 
said farm, respectively. When such transfer or transfers 
shall have been completed, a record thereof shall be filed in 
the office of said commissioners. 

Approved February 14, 1928. 



G. L. 168, § 54, 
cl. "Fifth," 
etc., amended. 



Chop. 42 An Act relative to investments by savings banks and 

SAVINGS departments OF TRUST COMPANIES IN THE BONDS 
OF TELEPHONE COMPANIES. 

Be it enacted, etc., as follows: 

The clause entitled "Fifth" .of section fifty-four of chapter 
one hundred and sixty-eight of the General Laws, as amended 
by chapter two hundred and eight of the acts of nineteen 
hundred and twenty-five, is hereby further amended by 
striking out, in fine four hundred and seventy-eight, as 
printed in the General Laws, the word "two" and inserting 
in place thereof the word : — five, — and by adding at the 
end thereof the words : — nor shall more than two per cent 
of such deposits be invested in the bonds of any one telephone 
company, — so that the last paragraph of said clause will 
read as follows: — And further provided, that such bonds 
shall be secured either (a) by a first mortgage upon at least 
seventy-five per cent of the property of such telephone com- 
pany, or (6) by the deposit with a trust company incorporated 
under the laws of this commonwealth of bonds and shares 
of stock of other telephone corporations, under an indenture 
of trust which limits the amount of bonds so secured to 
seventy-five per cent of the value of the securities deposited 
as stated and determined in said indenture, and provided that 
during each of the five years preceding such investment the 
annual interest and dividends paid in cash on the securities 
deposited have amounted to not less than fifty per cent in 
excess of the annual interest on the bonds outstanding and 
secured by said deposit. Not more than five per cent of the 
deposits of any such bank shall be invested in the bonds of 
telephone companies nor shall more than two per cent of such 
deposits be invested in the bonds of any one telephone com- 
pany. Approved February 14, 1928. 



Investments 
by savings 
banks and 
savings de- 
partments of 
trust com- 
panies in 
bonds of 
telephone 
companies. 



Chap. 43 An Act authorizing the trustees of st. mark's school 
TO hold additional real and personal estate. 



The Trustees 
of St. Mark's 
School may 



Be it enacted, etc., as follows: 

The Trustees of St. Mark's School, a corporation incorpo- 
rated by chapter one hundred and six of the acts of eighteen 



Acts, 1928. — Chaps. 44, 45. 25 

hundred and sixty-five, is hereby authorized to hold real and [^"'^^^f^^f 
personal estate to an amount not exceeding five million and personal 
dollars. Approved February I4, 1928. 

An Act relative to the filing of annual reports by (jJiQp 44 

CO-OPERATIVE BANKS. 

Be it enacted, etc., as follows: 

Section forty-four of chapter one hundred and seventy of J;^^;^/J^; ^ **• 
the General Laws is hereby amended by striking out, in the 
second line, the words "the last business day of" and insert- 
ing in place thereof the words: — its regular meeting day for 
the receipt of moneys in, — so as to read as follows : — Section Co-operative 
44- Every such corporation shall annually, within thirty annuai*repoH3 
days after its regular meeting day for the receipt of moneys g'J^j^l'e^o"'""^' 
in October, make to the commissioner, in such form as he banks, etc. 
prescribes, a report, signed and sworn to by the treasurer of 
the corporation, showing accurately the condition thereof 
at close of business on that day. The president and three or 
more directors shall certify and make oath that the report is 
correct, according to their best knowledge and belief. If a 
report is defective or appears to be erroneous, the commis- 
sioner shall notify the bank to amend the same within fifteen 
days. A bank neglecting to make the report required by this Forfeiture for 
section on or before the time named therein, or to amend the make^report. 
same within fifteen days, if notified by the commissioner so 
to do, shall forfeit five dollars for each day during which such 
neglect continues. Approved February I4, 192S. 

An Act relative to the holding and taxation of prop- QJiap^ 45 

ERTY OF WELLESLEY COLLEGE. 

Be it enacted, etc., as follows: 

Section 1. Wellesley College is hereby authorized to weiiesiey 
hold real and personal estate in the manner and for the hoM feai"and 
purposes set forth in its charter to an amount not exceeding PQ"p*g°"^|,f**''**' 
thirty million dollars; provided, that no lands in the town amount. 
of Wellesley owned or occupied by said college for the pur- Proviso. 
poses set forth in its charter shall be exempt from taxation, 
excepting the lands now so owned and occupied by said college 
lying north of Washington street, west of Weston road and 
south of Central street (but not including the parcels formerly 
belonging to the Waban Real Estate Trust) ; and also except- 
ing a parcel of land lying south of Washington street con- 
taining about four acres heretofore specifically excepted by 
chapter two hundred and sixty-seven of the acts of nineteen 
hundred and twenty-one, bounded and described as follows: 
Beginning at a stone bound at the southerly corner of the 
said four acre parcel, thence running northeasterly two hun- » 

dred and fifty-three and twenty one hundredths feet to a 
stone bound; thence turning at a right angle and running 
northwesterly five hundred and thirty-two and fifty-nine 
one hundredths feet to a stone bound; thence turning at a 



26 



Acts, 1928. — Chap. 46. 



Inconsistent 

provisions 

repealed. 



right angle and running southwesterlj^ four hundred and one 
and twelve one hundredths feet to a stone bound; and 
thence turning and running southeasterly five hundred and 
fifty-two and seventy-five one hundredths feet to the point 
of beginning; and also excepting the following lands now 
owned by said college so long as said lands are occupied by 
said college for the purposes set forth in its charter, viz. : the 
lands, in addition to said four acre parcel, lying south of 
Washington street and west of Dover road and the lands 
lying north of Central street and west of Weston road; and 
also excepting the parcel to be acquired from the Boston and 
Albany Railroad Company for a power plant so long as said 
parcel is occupied by said college for the purposes set forth 
in its charter. 

Section 2. So much of section one of said chapter two 
hundred and sixty-seven as is inconsistent herewith is hereby 
repealed. Approved February 15, 1928. 

Chap 46 ^'^ ^^'^ '^^ DESIGNATE THE CHAIRMAN OF THE BOARD OP 
SEWER COMMISSIONERS OF THE TOWN OF DEDHAM AS A 
REPRESENTATIVE TOWN MEETING MEMBER AT LARGE. 

Be it enacted, etc., as follows: 

Section 1. Section three of chapter three hundred and 
fifty-eight of the acts of nineteen hundred and twenty-six is 
hereby amended by inserting after the word "poor" in the 
fourteenth line the words : — , the chairman of the board of 
sewer commissioners, — so that the first paragraph of said 
section will read as follows : — Section 3. Any representa- 
tive town meeting held under the provisions of this act, 
except as otherwise provided herein, shall be limited to the 
voters elected under section two, together with the following, 
designated as town meeting members at large; namely, any 
member of the general court of the commonwealth who is a 
registered voter of the town, the moderator, the town clerk, 
the selectmen, the town treasurer, the town collector of 
taxes, the chairman of the trustees of the public hbrary, the 
chairman of the planning board, the chairman of the registrars 
of voters, the chairman of the school committee, the chairman 
of the board of assessors, the chairman of the cemetery com- 
mission, the chairman of the board of health, the chairman 
of the overseers of the poor, the chairman of the board of 
sewer commissioners, and the chairman of the warrant com- 
mittee. Any elected town meeting member who is appointed 
or elected to an office the holder of which for the time being 
is herein designated as a town meeting member at large shall 
thereupon cease to be an elected town meeting member. The 
town clerk shall notify the town meeting members of the 
time and place at which representative town meetings are 
to be held, such notices to be sent by mail at least seven days 
before the meeting and to be in addition to the warrant for 
such meeting duly published. 

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

Approved February 17, 1928. 



1926, 358, § 3, 
amended. 



Town meet- 
ings limited 
to certain 
elected mem- 
bers and 
members at 
large, etc. 



Certain elected 
town meeting 
members, 
when to 
cease to be 
such, etc. 
Notice of 
town meet- 
ings, etc. 



Acts, 1928. — Chaps. 47, 48, 49. 27 



An Act authorizing the bank of commerce & trust QJiaj) 47 

COMPANY TO HOLD ADDITIONAL REAL ESTATE IN THE CITY 
OF BOSTON. 

Be it enacted, etc., asfolloivs: 

Section 1. The Bank of Commerce <fe Trust Company, The Bank of 
a trust company organized under the laws of this common- Trust com- 
wealth and having its usual place of business in the city of ^^dftiolfa^ ^°'*^ 
Boston, may, subject otherwise to the provisions of section real estate 
forty-one of chapter one hundred and seventy-two of the Boston"^ 
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, invest in 
real estate in said city suitable for and to be used in whole 
or in part for the transaction of its business to an amount, 
including the cost of alterations and additions in the nature 
of permanent fixtures, not exceeding, directly or indirectly, 
three hundred and fifty thousand dollars, in addition to the 
amount permitted under said section forty-one, amended 
as aforesaid, to be invested by said trust company, but in 
no event exceeding six hundred and ninety thousand dollars 
in the aggregate. 

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

Approved February 17, 1928. 

k'N Act authorizing the city of Worcester to use a (JJkuj 4g 

PART OF university PARK IN SAID CITY FOR STREET 

purposes. 
Be it enacted, etc., as follows: 

Section 1. For the purpose of widening Illinois street wo^g°ster 
in the city of Worcester, between Gates and Crystal streets, may use a 
the said city is hereby authorized to use a portion of a parcel versity pa"rk 
of land bordering on said Illinois street, which is now held Jo/gtJ^et^^ 
for park purposes by said city and which is a part of Uni- purposes, 
versity park, consisting of the land lying between the westerly 
side line of said Illinois street and a line parallel thereto and 
not more than twenty-five feet westerly therefrom. 

Section 2. This act shall take effect upon its acceptance Submission 
during the current year by vote of the city council of said di.'^ete.'^""" 
city, subject to the provisions of its charter. 

Approved February 17, 1928. 

An Act relative to a board of appeals in the city of (^'fiaj) 49 
somerville with relation to its general building 
ordinances. 

Be it enacted, etc., as follows: 

Section 1. The city of Somerville may by ordinance city of 
provide that the board of appeals established in relation to nTay^estabiish 
the zoning ordinances of said city under the provisions of app'^^^isi^n 
section twenty-seven of chapter forty of the General Laws relation to 
shall be a board of appeals, also in relation to the general nance"of°city. 



28 



Acts, 1928. — Chaps. 50, 51. 



Submission 
to city coun- 
cil, etc. 
Proviso. 



G. L. 155, § 50, 
amended. 



building ordinances of said city with powers and duties as 
fixed by such ordinance. 

Section 2. This act shall take effect upon its acceptance 
by vote of the city council of said city, subject to the pro- 
visions of its charter, provided that such acceptance occurs 
during the current year ; but, for the purposes of such accept- 
ance, it shall take effect upon its passage. 

Approved February 17, 1928. 

Chap. 50 An Act relative to the dissolution of business corpora- 
tions IN certain cases. 

Be it enacted, etc., as follows: 

Section fifty of chapter one hundred and fifty-five of the 
General Laws is hereby amended by inserting after the word 
"application" in the eighth line the following: — , or such a 
petition may be so filed by the holder or holders of not less 
than forty per cent of the capital stock issued and outstand- 
ing and entitled to vote of a corporation subject to chapter 
one hundred and fifty-six, if the votes of its board of directors 
and of its stockholders are equally divided on a question 
affecting the general management of the affairs of the cor- 
poration and there appears to be no way of reaching an agree- 
ment and breaking such deadlock, — so as to read as follows: 
— Section 50. A corporation which desires to close its 
affairs may, unless otherwise provided in the agreement of 
association, by the vote of a majority of its members if it 
has no capital stock, otherwise by a vote of a majority of all 
its stock, or, if two or more classes of stock have been issued, 
of a majority of each class outstanding and entitled to vote, 
authorize a petition for its dissolution to be filed in the su- 
preme judicial or superior court setting forth in substance 
the grounds of the appHcation, or such a petition may be so 
filed by the holder or holders of not less than forty per cent 
of the capital stock issued and outstanding and entitled to 
vote of a corporation subject to chapter one hundred and 
fifty-six, if the votes of its iDoard of directors and of its stock- 
holders are equally divided on a question affecting the general 
management of the affairs of the corporation and there 
appears to be no way of reaching an agreement and breaking 
such deadlock; and the court, after notice to parties in- 
terested and a hearing, may decree a dissolution of the cor- 
poration. A corporation so dissolved shall be held to be 
extinct in all respects as if its corporate existence had ex- 
pired by the limitation of its charter. 

Approved February 17, 1928. 

Chap. 51 An Act authorizing cities and towns to establish and 

MAINTAIN plants FOR THE PURPOSE OF PURIFYING SHELL- 
FISH TAKEN THEREIN. 

Be it enacted, etc., as follows: 

neJsetuon Chapter forty of the General Laws is hereby amended by 

after § 12. inserting after section twelve the following new section : — 



Procedure in 
dissolution of 
business cor- 
porations in 
certain cases. 



Acts, 1928. — Chaps. 52, 53. 29 

Section 12 A. A city or town may establish and maintain a Cities and 
plant for the purpose of purifying shellfish taken in such eSish'and 
city or town. Such plant shall be established and main- "jl^jj^^*''!"^ 
taincd under the direction of the mayor or board of selectmen purpose of 
or a person designated by him or it. Said mayor or board fi"h'[ak"e^n''''°"' 
shall also establish fees sufficient to cover the cost of main- therein, etc. 
taining and operating the plant, which shall be collected for ^'®''^" 
service rendered thereby and be paid into the city or town 
treasury. Approved February 17, 1928. 

An Act relative to the disposition of the records of (JIiqj) 52 
the special commission established to provide for 
the reconstruction of haverhill lower bridge. 

Be it enacted, etc., as follows: 

. . . . . Records of 

The complete records and correspondence of the special special com- 
commission created under chapter five hundred and seven ilshed "0^*" 
of the acts of nineteen hundred and twenty-two are hereby fecTiJ^t^ruction 
authorized and directed to be filed with the clerk of the courts of Haverhiu 
of Essex county, who shall thereafter have the care and toTefiied^^ 
custody thereof. Approved February 17, 1928. ^h'e^eoJf/t^ of 

Essex county. 

An Act providing for certain improvements at the (JJidj)^ 53 

NORFOLK COUNTY TUBERCULOSIS HOSPITAL. 

Be it enacted, etc., as follows: 
Section 1. The county commissioners of the county of The Norfolk 

. r 1 -N.T c 11 /^i mi county coni- 

Norfolk, actmg as trustees of the JNorfolk County iubercu- missioners may 
losis Hospital, may expend a sum not exceeding fifty thousand sums"of °^'^*^"^ 
dollars for the purpose of constructing and originally equip- ™°fa®i^ j^. 
ping and furnishing additions to said hospital, which shall provements 
be subject to the approval of the department of public health, counTy° 
and may expend for the purpose of extending the sewerage Hosp[tTi'°^'^ 
system of said hospital, in addition to the sum authorized to 
be expended for such purpose by section one of chapter one 
hundred and thirty-two of the acts of nineteen hundred and 
twenty-seven, the balance now remaining of the proceeds 
of the sale under authority of chapter twenty-two of the 
General Acts of nineteen hundred and eighteen of certain 
land in the town of Randolph originally purchased for the 
purpose of a tuberculosis hospital in said county. 

Section 2. For the purpose of constructing and origi- May borrow 
nally equipping and furnishing additions to said hospital as iTs^u^^Mtes, etc. 
aforesaid, the said county commissioners may borrow money 
on the credit of the county and issue notes of the county 
therefor to an amount not exceeding fifty 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 five years from its date. 
The amount of such annual payment in any one year shall 
not be less than the amount of the principal of the loan pay- 
able in any subsequent year. The notes shall be signed by 
the county treasurer and countersigned by the county com- 
missioners. Each authorized issue shall constitute a separate 



30 



Acts, 1928. — Chaps. 54, 55. 



Submission 
to Norfolk 
county com- 
missioners. 



loan. All sums necessary to meet interest payments on said 
notes and payments on account of principal as the same 
mature shall be assessed upon the cities and towns of said 
county constituting the hospital district, in accordance with 
section eighty-three of chapter one hundred and eleven of 
the General Laws. 

Section 3. This act shall take effect upon its acceptance 
during the current year by the county commissioners of the 
county of Norfolk, but not otherwise. 

Approved February 17, 1928. 



Chap. 54 An Act relative to the salary of the mayor of the 

CITY OF CAMBRIDGE. 



Salary of 
mayor of city 
of Cambridge. 



Submission 
to voters, etc. 



Be it enacted, etc., as follows: 

Section 1. Subject otherwise to the provisions of section 
sixty-two of chapter forty-three of the General Laws, the 
mayor of the city of Cambridge shall receive for his services 
such annual salary, not exceeding seventy-five hundred dol- 
lars, as the city council may by ordinance determine. 

Section 2. This act shall be submitted for acceptance 
to the voters of the city of Cambridge at the next state 
election in the form of the following question, which shall be 
placed upon the official ballot to be used at said election in 
said city: — "Shall an act passed by the general court in 
the year nineteen hundred and twentj^-eight, r^— 
entitled 'An Act relative to the salary of the i^,^^;- 
mayor of the citj^ of Cambridge' be accepted?" 



If a majority of the votes cast on said question are in the 
affirmative, this act shall thereupon take effect, but not 
otherwise. Approved February 17, 1928. 



Chap. 55 An Act providing for precinct voting, representative 

TOWN meetings, TOWN MEETING MEMBERS, A REFEREN- 
DUM AND A MODERATOR TO SERVE FOR A YEAR IN THE TOWN 
OF SAUGUS. 

Be it enacted, etc., as follows: 

Section L Upon the acceptance of this act by the town 
of Saugus, as hereinafter provided, the selectmen shall forth- 
with divide the territory thereof into not less than six nor 
more than fourteen voting precincts, each of which shall be 
plainly designated, and shall contain approximately an equal 
number of registered voters. The precincts shall be so es- 
tabhshed as to consist of compact and contiguous territory 
to be bounded, as far as possible, by the center line of known 
streets and wa.ys or by other well defined limits. Their 
boundaries shall be reviewed and, if need be, wholly or 
partly revised b,y the selectmen in October, once in five years, 
or in October of any year when so directed by a vote of a 
representative town meeting held not later than September 
twentieth of that year. The selectmen shall, within ten 
days after any establishment or revision of the precincts, 



Precinct voting, 
representative 
town meetings, 
etc., in town 
of Saugus. 



Precincts, 
establish- 
ment, etc. 



Selectmen 
to report 
doings, etc. 



Agts, 1928. — Chap. 55. 31 

file a report of their doings with th(^ town clerk, the registrars 
of voters and the assessors, with a map or maps or descrip- 
tion of the precincts and the names and residences of the 
registered voters therein. The selectmen shall also cause to 
be posted in the town hall a map or maps or description of 
the precincts as established or revised from time to time, 
with the names and residences of the registered voters 
theicin; and the}- shall also cause to be posted in at least one 
public place in each precinct a map or description of that 
precinct, with the names and residences of the registered 
voters therein. The division of the town into voting pre- Division into 
cincts and any revision of such precincts shall take effect c°ncts^ effl^tive 
upon the date of the filing of the report thereof by the select- ^ate, etc. 
men with the town clerk. Whenever the precincts are Town clerk 
established or revised, the town clerk shall forthwith give notTc^tostnte" 
written notice thereof to the state secretary, stating the secretary, etc. 
number and designation of the precincts. Meetings of the Meetingsof^ 
registered voters of the several precincts for elections, for Incfwkere'' 
primaries, and for voting upon any question to be submitted *° ^^ ''*'''^- 
to all the registered voters of the tow^n, shall be held on the 
same da^^ and at the same hour and at such place or places 
within the town as the selectmen shall in the warrant for 
such meeting direct. The provisions of the general laws Certain pro- 
relating to precinct voting at elections, so far as the same general °aw3 
are not inconsistent with this act, shall apply to all elections ^° '^pp'^' ^tc. 
and primaries in the town upon the establishment of voting 
precincts as hereinbefore provided. 

Section 2. Other than the officers designated in section Representative 
three as town meeting members ex officiis, the representative mrmbTrThipf 
town meeting membership shall in each precinct consist of m'mber, etc. 
the largest number divisible by three which will not exceed 
four per cent of the registered voters in the precinct. The Town meeting 
registered voters in every precinct shall, at the first annual SX terms^, etc.. 
town election held after the establishment of such precincts, 
and at the first annual town election following any precinct 
revision, conformably to the laws relative to elections not 
inconsistent with this act, elect by ballot the number of 
registered voters in the precinct, other than the officers desig- 
nated in section three as town meeting members ex officiis, 
provided for in the first sentence of this section, to be town 
meeting members of the town. The first third, in the order of 
votes received, of members so elected shall serve three years, 
the second third in such order shall serve two years, and the 
remaining third in such order shall serve one j^ear, from the 
day of the annual town meeting; in case of a tie vote affect- 
ing the division into thirds, as aforesaid, the members elected 
from the precinct shall by ballot determine the same; and 
thereafter, except as is otherwise provided herein, at each 
annual town election the registered voters of each precinct 
shall, in like manner, elect one third of the number of elected 
town meeting members to which that precinct is entitled for 
the term of three years, and shall at such election fill for the 
unexpired term or terms any vacancy or vacancies then 



32 



Acts, 1928. — Chap. 55. 



Notice to mem- 
bers elected. 



Town meetings 
limited to 
elected town 
meeting mem- 
bers and cer- 
tain members 
ex officiis. 



Notice of town 
meetings, etc. 



Quorum. 



Meetings 
public. 
No com- 
pensation. 
Voters may 
speak at 
meetings, 
but shall not 
vote. 

Resignations. 



Removal from 
town or pre- 
cinct, effect. 



Nomination 
of candidates 
for town meet- 
ing members, 
how made. 



Written 
acceptance. 



existing in the number of town meeting members in any such 
precinct. Upon every revision of the precincts the terms of 
office of all town meeting members from every precinct shall 
cease upon the qualification of their successors, who shall be 
elected at the annual town election held next after such 
revision. The town clerk shall, after every election of town 
meeting members, forthwith notify each such member by 
mail of his election. 

Section 3. The representative town meetings held under 
the provisions of this act, except as otherwise provided herein, 
shall be limited to the elected town meeting members to- 
gether with the following, designated as town meeting mem- 
bers ex officiis, namely: any member of the general court of 
the commonwealth who is a registered voter of the town, the 
town moderator, the town clerk, the selectmen, the town 
treasurer, the town collector of taxes, the chairman of the 
school committee, the chairman of the trustees of the public 
library, the chairman of the board of health, the chairman 
of the board of public welfare, the chairman of the playground 
commissioners, the chairman of the planning board, the 
chairman of the assessors of taxes, and the chairman of the 
cemetery commissioners. The secretary or clerk of each of 
the above-named boards and commissions shall file with the 
town clerk a certificate of election of a chairman. The town 
clerk shall notifj'' the town meeting members of the time and 
place at which representative town meetings are to be held, 
the notices to be sent by mail at least seven days before the 
meeting. The town meeting members, as aforesaid, shall be 
the judges of the election and quahfications, as set forth in 
this act, of their members. A majoritj' of the town meeting 
members shall constitute a quorum for doing business ; but a 
less number m.ay organize temporarily and ma}' adjourn 
from time to time. All town meetings shall be public. The 
town meeting members as such shall receive no compensa- 
tion. Subject to such conditions as may be determined from 
time to time by the members of the representative town 
meeting, any registered voter of the town who is not a town 
meeting member may speak at any representative town 
meeting, but shall not vote. A town meeting member may 
resign by filing a written resignation with the town clerk, and 
such resignation shall take effect on the date of such filing. 
A town meeting member who removes from the town shall 
cease to be a town meeting member, and an elected town 
meeting member who removes from the precinct from which 
he was elected to another precinct may serve only until the 
next annual town meeting. 

Section 4. Nomination of candidates for town meeting 
members to be elected under this act shall be made by nomi- 
nation papers, which shall bear no pohtical designation, shall 
be signed by not less than ten voters of the precinct in which 
the candidate resides, and shall be filed with the town clerk 
no later than five o'clock p.m. on the second Monday pre- 
ceding the election. No nomination papers shall be valid in 



Acts, 1928. — Chap. 55. 33 

respect to any candidate whose written acceptance is not 
thereon or attached thereto when filed. 

Section 5. The articles in the warrant for every town warrant 
meeting, so far as they relate to the election of a moderator, how acted 
town officers and town meeting members, and as herein pro- "po"- etc. 
vided, to referenda, and all matters to be acted upon and 
determined by ballot, shall be so acted upon and determined 
by the registered voters of the town in their respective pre- 
cincts. All other articles in the warrant for any town meet- 
ing, beginning with the town meeting at which said town 
meeting members are first elected, shall be acted upon and 
determined exclusively by town meeting members at a meet- 
ing to be held at such time and place as shall be set forth by 
the selectmen in the warrant for the meeting, subject to the 
referendum provided for by section eight. 

Section 6. A moderator shall be elected by ballot at each Moderator, 
annual town meeting and shall serve as moderator of all ^'^'=''°''' ^^°- 
town meetings, except as otherwise provided by law, until a 
successor is elected and qualified. Nominations for and 
election of a moderator shall be as in the case of other elective 
town officers, and any vacancy in the office may be filled by 
the town meeting members at a meeting held for that purpose. 
If a moderator is absent, a moderator pro tempore may be Moderator 
elected by the town meeting members. ^'^ ^^"'p"'"^- 

Section 7. Any vacancy in the full number of town vacancies in 
meeting members from any precinct may be filled, until the of'towTmeet- 
next annual election, by the remaining members of the pre- mg members, 
cinct from among the registered voters thereof. Upon 
petition therefor, signed by not less than ten town meeting 
members from the precinct, notice of any vacancy shall 
promptly be given by the town clerk to the remaining mem- 
bers from the precinct in which the vacancy or vacancies 
exist, and he shall call a special meeting of such members for CaUing of 
the purpose of filhng any vacancy. He shaU cause to be "P""'*^ '"^'*'"^- 
mailed to every such member, not less than five days before 
the time set for the meeting, a notice specifying the object, 
time and place of the meeting. At the said meeting a ma- Quorum, 
jority of the members from such precinct shall constitute a 
quorum, and they shall elect from their own number a chair- 
man and a clerk. The choice to fill any vacancy shall be by choice 
ballot and a majority of the votes cast shall be required for a ^^ ^^^^°*' 
choice. The chairman and clerk shall count the ballots and ^hofcf,''etc.°^ 
shall make a certificate of the choice and forthwith file the 
same with the town clerk, together with a written acceptance 
by the member or members so chosen, who shall thereupon 
be deemed elected and qualified as a town meeting member 
or members, subject to the right of all the town meeting 
members to judge of the election and qualifications of the 
members as set forth in section three. 

Section 8. No vote, except a vote to adjourn or au- votes, when 
thorizing the borrowing of money in anticipation of the "P^^ative, etc. 
receipt of taxes for the current year, passed at any represen- 
tative town meeting shall be operative until after the expira- 



34 



Acts, 1928. — Chap. 55. 



Referendum. 



Polling hours. 



Votes by 
ballot, etc. 



Questions, 
how deter- 
mined, etc. 



Questions, how 
stated upon 
ballot, etc. 



Votes opera- 
tive if no 
petition, etc. 



Finance 
committee, 
appointment, 
term, etc. 



Questions 
referred to 
committee, etc. 



Appointment 
of specia.1 
committees 
not prohibited. 

Powers, etc. 



Inconsistent 
by-laws of 
town repealed. 



tion of five days, exclusive of Sundays and holidays, from 
the dissolution of the meeting. If within said five days, a 
petition, signed by not less than three hundred registered 
voters of the town, containing their names and addresses as 
they appear on the list of registered voters, is filed with the 
selectmen asking that the question or questions involved in 
such vote be submitted to the registered voters of the town 
at large, then the selectmen, after the expiration of five days, 
shall forthwith call a special meeting for the sole purpose of 
presenting to the registered voters at large the question or 
questions so involved. The polls shall be opened at twelve 
o'clock noon and shall be closed not earher than eight o'clock 
in the evening and all votes upon any questions so submitted 
shall be taken by ballot, and the check list shall be used in 
the several precinct meetings in the same manner as in the 
election of town officers. The questions so submitted shall 
be determined by vote of the same proportion of voters at 
large voting thereon as would have been required by law 
of the town meeting members had the question been finally 
determined at a representative town meeting. The questions 
so submitted shall be stated upon the ballot in substantially 
the same language and form in which they were stated when 
presented to said representative town meeting by the moder- 
ator, and as appears from the records of said meeting. If 
such petition is not filed within the said period of five days, 
the vote of the representative town meeting shall become 
operative and effective upon the expiration of said period. 

Section 9. There shall be a finance committee appointed 
by the moderator from among the elected town meeting 
members, consisting of one member from each precinct, who 
shall serve during their respective terms as town meeting 
members, and who shaU be originally appointed at the first 
representative town meeting held after this act becomes 
operative, and thereafter as vacancies occur. To this com- 
mittee shall be referred all questions pertaining to the appro- 
priation or expenditure of money, the creation of debt, the 
disposition of town property and all other questions affecting 
the town, for the purpose of making recommendations, but 
this shall not be construed to prohibit the appointment of 
special committees to investigate matters pertaining to the 
town or to execute work authorized by it. This committee 
shall have the power to consult with such departments, 
officers, employees or committees as may have information 
concerning any matter under consideration, and it shall be 
the duty of all departments, officers, employees or committees 
to furnish such information as they possess that may be re- 
quired by said committee. It also shall have the power to 
examine, in connection with any subject under investigation 
or consideration, all books, vouchers, papers and all other 
instruments in the custody or possession of any officer, em- 
ployee or agent of the town. 

Section 10. All by-laws or parts of by-laws of the town 
inconsistent with the provisions of this act are hereby re- 



Acts, 1928. — Chap. 55. 35 

pealed. The provisions of chapter forty-four of the General ^ntinw ^ 
Laws shall continue to apply in the town of Saugus notwith- to apply, 
standing the provisions of this act. 

Section 11. The town of Saugus, after the acceptance Powers of 
of this act, shall have the capacity to act through and be uTtown"^ 
bound by its said town meeting members who shall, when ™/j.f 'g^^,.'"®'^' 
convened from time to time as herein provided, constitute 
representative town meetings; and such representative town 
meetings shall exercise exclusively, so far as will conform to 
the provisions of this act, all powers vested in the municipal 
corporation. Action in conformity with all provisions of law 
now or hereafter applicable to the transaction of town affairs 
in town meetings shall, when taken by any representative 
town meeting in accordance with the provisions of this act, 
have the same force and effect as if such action had been 
taken in a town meeting open to all the voters of the town as 
hithertofore organized and conducted. 

Section 12. The act shall not abridge the right of the Certain 
inhabitants of the town of Saugus to hold general meetings, abridged* etc. 
as that right is secured to them by the constitution of this 
commonwealth; nor shall this act confer upon any represen- 
tative town meeting in Saugus the power finally to commit the 
town to any measure affecting its municipal existence or 
changing its government, without the action thereon by the 
voters of the town at large, using the ballot and the check 
list therefor. 

Section 13. This act shall be submitted to the registered JoSof""^ 
voters of the town of Saugus at the annual town meeting to of saugus, etc. 
be held in March in the current year. The vote shall be 
taken in precincts by ballot in accordance with the provi- 
sions of the general laws, so far as the same shall be appli- 
cable, in answer to the question, which shall be placed upon 
the official ballot to be used at said meeting: "Shall an act 
passed by the general court in the year nineteen hundred 
and twenty-eight, entitled 'An Act providing for precinct 
voting, representative town meetings, town meeting mem- 
bers, a referendum and a moderator to serve for a year in 
the town of Saugus', be accepted by this town?" So much Time of 
of this act as authorizes its submission to the registered voters ^'^^'^^ ^^^^- 
of the town of Saugus shall take effect upon its passage, and 
the remainder shall take effect upon its acceptance by a 
majority of the voters voting thereon. 

Section 14. If this act is rejected by the registered voters Resubmission 
of the town of Saugus when submitted to said voters under rejL°uon. etc."* 
section thirteen, it may again be submitted for acceptance 
in hke manner from time to time to such voters at any annual 
or special town meeting called for the purpose in said town 
within three years thereafter, but not more than three times 
in the aggregate. Approved February 17, 1928. 



36 



Acts, 1928. — Chaps. 56, 57. 



Chap. 56 An Act authorizing the town of erving to contribute 

TOWARD THE PAYMENT OF THE RENT OF THE QUARTERS 
FOR THE POST OF THE AMERICAN LEGION IN THAT PART 
OF THE TOWN OF MONTAGUE KNOWN AS MILLERS FALLS. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of promoting patriotism and 
loyalty to country, the town of Erving may annually ap- 
propriate money for the purpose of contributing toward the 
payment of the rent of the quarters of the post of The Ameri- 
can Legion in that part of the town of Montague known as 
Millers Falls to the same extent as if said quarters were 
situated within the limits of said town of Erving. 

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

Approved February 29, 1928. 



Town of 
Erving may 
contribute 
toward pay- 
ment of rent 
of quarters for 
post of The 
American 
Legion in that 
part of town 
of Montague 
known as 
Millers Falls. 



Chap. 57 An Act authorizing the commissioner of agriculture 

TO CAUSE certain BRANDS OR LABELS IDENTIFYING FARM 
PRODUCTS TO BE DISPOSED OF AT REASONABLE PRICES. 



Emergency 
preamble. 



Whereas, The deferred operation of this act would tend to 
defeat its purpose, therefore it is hereby declared to be an 
emergency law, necessary for the immediate preservation of 
the public safety and convenience. 



G. L. 94, 

§ n7A, 

amended. 



Commissioner 
of agriculture 
may establish 
grades and 
standards for 
farm products, 
except, etc. 



Public 
hearings. 



Notice and 
publication 
of hearings. 



Brands or 
labels for 
identification 
of farm 
products. 



Be it enacted, etc., as follows: 

Section one hundred and seventeen A of chapter ninety- 
four of the General Laws, as appearing in chapter two hun- 
dred and seventy of the acts of nineteen hundred and twenty- 
seven, is hereby amended by inserting after the word "of" 
in the twenty-first line the words : — or cause the disposition 
of, — so as to read as follows : — Section 117 A. The commis- 
sioner of agriculture, in this and the five following sections 
called the commissioner, may establish and promulgate of- 
ficial grades and standards for farm products, except apples 
and milk, produced within the commonwealth for the pur- 
poses of sale, and may from time to time amend or modify 
such grades and standards. Before establishing, amending or 
modifying any such grades or standards the commissioner 
shall hold public hearings in such places within the common- 
wealth as he shall deem proper. Notice of such hearings 
shall be advertised in a newspaper or newspapers of general 
circulation within the county where the hearing is to be held 
for three successive weeks prior thereto, and shall specify the 
date and place of each hearing and that it is to be held for 
the purpose of obtaining information with a view to estab- 
lishing grades or standards for such farm products, if deemed 
advisable. The commissioner may determine or design 
brands or labels for identifying such farm products packed 
in accordance with official grades and standards established 



Acts, 1928. — Chaps. 58, 59. 37 

as aforesaid, and may cause to be printed said brands or Printing and 
labels and may dispose of or cause the disposition of the by TOm^mL"^ 
same at reasonable prices. A written application to the ^°'^®';-. 
commissioner requesting permission to use said brands or for"use.'"'^ 
labels and a written authorization thereof by the commis- 
sioner or a duly authorized assistant shall be a condition 
precedent to the use of such brands or labels. The commis- Revocation or 
sioner may revoke or suspend the right to use such brands «^ht^to'°" ° 
or labels determined as aforesaid whenever it appears on orlab'eis^^ 
investigation and after a subsequent hearing before said 
commissioner or authorized assistant that such brands or 
labels have been used to identify such farm products not in 
fact conforming to the grade or standard indicated. 

Approved February 29, 1928. 



An Act authorizing the holyoke savings bank to erect (Jhny 5c 
A ne"w bank building in the city of holyoke. ^' 

Be it enacted, etc., as follows: 

Section 1. The Holyoke Savings Bank, incorporated by Holyoke Sav- 
chapter twenty-five of the acts of eighteen hundred and fifty- miy ere'it a 
five, may, subject to the approval of the commissioner of g^UfV^'^'^ 
banks, invest in the erection and preparation of a suitable city oT^ '° 
building on a site recently acquired in the city of Holyoke, ^*'^y°''®- 
to be used for the convenient transaction of its business, a 
sura not exceeding two hundred and fifty-seven thousand 
dollars in addition to any sums heretofore authorized to be 
invested under clause eleventh of section fifty-four of chap- 
ter one hundred and sixty-eight of the General Laws or 
corresponding provisions of earlier laws. 

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

Approved February 29, 1928. 



An Act authorizing the city of quincy to acquire land (Jjifuj 59 

FOR THE PURPOSES OF THE EXTENSION OF THE QUINCY 
SHORE RESERVATION IN SAID CITY. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter two hundred and amLdld ^ *' 
twenty-nine of the acts of nineteen hundred and twenty- 
seven is hereby amended by adding at the end thereof the 
following new sentence : — The said city may acquire by city of Quincy 
purchase or gift, or by eminent domain under chapter sev- SndfOTpur- 
enty-nine of the General Laws, such lands or interests therein ^on of°Qufnc"y 
as may be necessary to carry out the purposes of this act, and shore Reser- 
may appropriate money for such purchase or for land dam- ^'**'°°" 
ages in case of a taking as aforesaid. 

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

Approved February 29, 1928. 



38 



Acts, 1928. — Chaps. 60, 61. 



G. L. 168, § 31, 
etc., amended. 



Chap. 60 An Act permitting the deposit in savings banks of the 

FUNDS OF retirement SYSTEMS AND ASSOCIATIONS WITH- 
OUT LIMIT AS TO AMOUNT. 

Be it enacted, etc., as follows: 

Section thirty-one of chapter one hundred and sixty-eight 
of the General Laws, as amended by section one of chapter 
sixty-seven of the acts of nineteen hundred and twenty-four 
and by section one of chapter one hundred and nine of the 
acts of nineteen hundred and twenty-seven, is hereby 
further amended by adding at the end thereof the following: 
— , or of the funds of any state, county or municipal retire- 
ment or pension system or association, — so as to read as 
follows: — Section 31. Such corporation may receive on de- 
posit from any person not more than 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; but this section shall not apply to deposits by a 
religious or charitable corporation or labor union, or credit 
union, or in the name of a judge of probate, or by order of 
any court, or on account of a sinking fund of a town in the 
commonwealth or of any trust fund held by a town for 
public uses, or of the funds of any state, county or municipal 
retirement or pension system or association. 

Approved February 29, 192S. 



Amount of 
deposits in 
savings banks 
limited. 



Limitation not 
applicable to 
certain cor- 
porations, etc. 



Chap. 



1919 (S), 115, 
§ 1. etc., 
amended. 



Lynn, Pea- 
body, Salem, 
Beverly and 
Danvcrs 
further author- 
ized to take 
water from 
Ipswich river 
for emergency 
purposes. 



61 An Act further extending the time during which the 
cities of lynn, peabody, salem and beverly and the 
town of danvers may take water from the ipswich 
river for emergency purposes. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter one hundred and 
fifteen of the Special Acts of nineteen hundred and nineteen, 
as amended by section one of chapter sixty-six of the acts of 
nineteen hundred and twenty-two and by section one of 
chapter nineteen of the acts of nineteen hundred and twenty- 
five, is hereby further amended by striking out, in the tenth, 
eleventh and twelfth lines, the words "twenty-five, nineteen 
hundred and twenty-six and nineteen hundred and twenty- 
seven" and inserting in place thereof the words: — twenty- 
eight, nineteen hundred and twenty-nine and nineteen hun- 
dred and thirty, — so as to read as follows : — Section 1 . 
The cities of Lynn, Peabody, Salem and Beverly and the town 
of Danvers, authorized to take water from the Ipswich river 
or its tributaries during the months from December to May, 
inclusive, under the provisions of chapter five hundred and 
eight of the acts of nineteen hundred and one and chapters 
six hundred and ninety-eight, six hundred and ninety-nine 
and seven hundred of the acts of nineteen hundred and thir- 



Acts, 1928. — Chaps. 62, 63. 3d 

teen, are hereby further authorized, in case of emergency, to 
take water from said river or its tributaries during the 
months from June to November, inclusive, in the years nine- 
teen hundred and twenty-eight, nineteen hundred and 
twenty-nine and nineteen hundred and thirty, or any of said 
years, in quantities not exceeding those which may be taken 
from December to May, inclusive, as set forth in said acts, 
whenever, in the opinion of the department of public healtli, 
the taking of water during the months aforesaid in the years 
mentioned, or any of them, is necessary to provide an ade- 
quate water supply for the cities and town herein mentioned, 
subject otherwise to the remaining provisions of said acts. 
Section 2. This act shall take effect upon its passage. 

Approved March 1, 1928. 



An Act relative to noise from motor boats in marble- (JfiQjy Q2 

HEAD harbor. ' 

Be it enacted, etc., as follows: 

Section 1. Whoever operates or causes to be operated, o^erat^^Tn 
in Marblehead harbor, a boat propelled in whole or in part Marbiehead 
by an internal combustion engine unless the same is provided bolts causfng 
with an under-water exhaust, or a muffler approved by the ann^Tn'*'^'^ 
harbor master of said town, so constructed and used that the 
noise of the explosions of the engine shall not unreasonably 
cause annoyance to persons in the vicinity shall be punished 
by a fine of not more than twenty-five dollars. The harbor Enforcement. 
master and the police of said town shall enforce the provisions 
of this section. The provisions of section fifteen of chapter g. l. 102, § 15, 
one hundred and two of the General Laws shall not appl}^ in fn hafbdr'?'''^'^ 
said harbor. 

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

Approved March 1, 1928. 



An Act relative to the laying out and construction CJtaiJ 63 
OF certain town ways in the town of framingham 

AND TO the assessment OF BETTERMENTS THEREFOR. 

Be it enacted, etc., as follows: 

Section 1. All action by the town of Framingham and Kwnof*'°° 
by any of its boards or officers for the purpose of laying out Framingham 
and constructing Hillside street, Brewster road, Mt. Wayte laying'outUd 
avenue, Ordway street, Sanger street, Thompson street, c°rtaTn"town 
Pearl street, Pine Hill road, Cove avenue, Pratt street, ways validated 
Arthur street, Prindiville avenue, Robertson road, Brigham ^""^ '=°"fi™^'^- 
road, Hillcrest road, Shawmut terrace. Berry street, Gorman 
road, Lincoln street, Bethany road, Beacon street, Seminole 
avenue. Palmetto avenue, Chatauqua avenue. Dunning 
avenue. Oriole avenue, Burdette avenue, Mansfield street 
extension, Larrabee avenue, Summit street extension, Well- 
ington avenue extension, America street, Nipmuc road, Gil- 



40 



Acts, 1928. — Chap. 64. 



Proviso. 



Assessment of 
damages, etc. 



Assessment 
of better- 
ments, etc. 



Proviso. 



When lien for 
assessment 
shall take 
effect. 



bert street extension, Lake avenue and B street as public 
town ways in said town in so far as such action may be 
invalid by reason of failure to comply with any provisions of 
chapters seventy-nine, eighty and eighty-two of the General 
Laws, is hereby validated and confirmed; provided, that an 
order of taking is adopted in each case by the selectmen of 
said town and recorded in the registry of deeds in accordance 
with said chapter seventy-nine not later than thirty days 
after the effective date of this act, and entry made not later 
than one year after the effective date of this act in any case 
where entry has not already been made. The time within 
which petitions for assessment of damages for takings for the 
aforesaid improvements may be brought shall run from the 
recording of said orders of taking, if entry has been made, 
otherwise from the date of entry, subject otherwise to the 
provisions of said chapter seventy-nine. Notwithstanding 
the provisions of section one of said chapter eighty limiting 
the period for assessing betterments to six months after the 
completion of the improvement and the provisions of section 
two of said chapter eighty prohibiting any such assessment 
unless the order of taking, plan and estimate are recorded in 
the registry of deeds within thirty days from the adoption of 
the order, betterments for such of said improvements as were 
laid out under orders which expressly stated that betterments 
were to be assessed, may be assessed, subject otherwise to the 
provisions of said chapter eighty, at any time within six 
months after said effective date or after completion of any 
such improvement not already completed, if otherwise in 
accordance with law; provided, further, that if any land 
within the area so assessed has been alienated between the 
date of the original laying out of said way and the recording 
of said order of taking under this act, said town shall assume 
the betterments thereon. The lien for any such assessment 
shall take effect as of the date of the recording of the order 
of taking for the improvement. 

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

Approved March 1, 1928. 



Chap, 64 An Act authorizing certain cities and towns to make 

TEN YEAR EMERGENCY LOANS TO REPAIR CERTAIN EXTRAOR- 
DINARY DAMAGE RESULTING FROM THE GREAT STORM OF 
NOVEMBER, NINETEEN HUNDRED AND TWENTY-SEVEN. 



Emergency 
preamble. 



Certain cities 
and towns 
may make 
ten year 
emergency 
loans to repair 
certain ex- 



Whereas, The deferred operation of this act would tend to 
defeat its purpose, therefore it is hereby declared to be an 
emergency law, necessary for the immediate preservation 
of the public health, safety and convenience. 

Be it enacted, etc., as follows: 

Any city or town, found by the board described in clause 
(17) of section seven of chapter forty-four of the General 
Laws to have suffered extraordinary damage to its highways, 
bridges and/or other public works as a result of the storm of 



Acts, 1928. — Chap. 65. 41 

November third and fourth, nineteen hundred and twenty- traordinary 
seven, may borrow, during the current year, for the purpose frTgTon/g^^t 
of meeting in whole or in part appropriations made or to ve°ni'berS^27 
be made to repair such damage or for the refunding of loans 
already lawfully issued for such purpose under the provisions 
of said clause (17), such sums as shall be approved by said 
board, and may issue bonds or notes therefor, which shall bear 
on their face the words, Emergency Flood Damage Loan, Act pJ^^^siJ^^y 
of 1928. Each authorized issue shall constitute a separate age Loan, 
loan, and such loans shall be paid within such periods, not ^"^ °^ ^^"^' 
exceeding ten years from their dates, as said board shall fix. 
Indebtedness incurred under this act shall be in excess of the 
statutory limit, but shall, except as herein provided, be sub- 
ject to the provisions of said chapter forty-four, exclusive of 
the proviso inserted in said section seven by chapter three 
hundred and thirty-eight of the acts of nineteen hundred and 
twenty-three. Approved March 1, 1928. 

An Act providing for the removal and reinterment by (Jfidj) 55 

THE TOWN OF DANVERS OF THE REMAINS OF CERTAIN 
SOLDIERS OF THE REVOLUTION, 

Be it enacted, etc., as follows: 

Section 1. The town of Dan vers, acting through its Town of 
board of selectmen or other authority designated by said J^movTa™cf^ 
board, may cause to be removed to and interred in Porter reinter remains 
cemetery in said town the remains of Amos Putnam and of diersVAhe 
Nathan Putnam, now interred in land belonging to George '^evoiution. 
M. Brigham and located on Sylvan street in said town, and 
the remains of Seth Richardson, now interred in land belong- 
ing to the O'Connell and Sullivan Real Estate Trust and 
located on Margin street in the city of Peabody, formerly a 
part of said town, the said Amos and Nathan Putnam and the 
said Richardson having been soldiers in the revolutionary 
war. Said board of selectmen or other authority shall give Publication 
not less than thirty days' notice of its intention to effect said rimovai^a°nd 
removal and interment by advertising the same in a news- interment. 
paper published in said town and also in a newspaper pub- 
lished in said city. Said board or other authority shall not Removal not 
cause the removal and interment of the remains of any such n^it^Tlfn '* 
soldier to be made if any of his next of kin objects thereto in objects, etc. 
writing, nor unless the owner of the land wherein such re- 
mains are now interred waives in writing all claims for damage 
resulting from such removal. The town of Danvers is hereby Appropria- 
authorized to appropriate a sum not exceeding five hundred *'°°' ®**'- 
dollars for carrying out the purposes of this act and maj^ pur- 
chase and take conveyances of such lot or lots in said ceme- 
tery as may be necessary therefor. 

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

Approved March 1, 1928. 



4^ 



Acts, 1928. — Chaps. 66, 67, 68. 



Chap. 66 An Act reviving the b. Cleveland bassett company 

INC. FOR THE PURPOSE OF CONVEYING CERTAIN REAL 
ESTATE AND DISTRIBUTING THE PROCEEDS THEREOF. 

Be it enacted, etc., as follows: 

Section 1. The B. Cleveland Bassett Company Inc., a 
corporation dissolved by chapter two hundred and thirty of 
the acts of nineteen hundred and twenty-four, is hereby 
revived and continued for a period of two years from the 
effective date of this act for the sole purpose of selling and 
conveying title to a certain tract of land with the buildings 
thereon situated in that part of the town of Harwich called 
Harwichport, and distributing the proceeds of said • sale 
among its creditors and stockholders entitled thereto. 

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

Approved March 1, 1928. 



The B. Cleve- 
land Bassett 
Company Inc. 
revived for 
purpose of 
conveying cer- 
tain real estate 
and distribut- 
ing proceeds 
thereof. 



Chap. 67 An Act reviving brockton co-operative association 

FOR THE PURPOSE OF CONVEYING CERTAIN REAL ESTATE. 



Brockton Co- 
operative 
Association 
revived for 
purpose of 
conveying 
certain real 
estate. 



Be it enacted, etc., as follows: 

Section 1. The corporation heretofore known as Brock- 
ton Co-operative Association, dissolved by chapter three 
hundred and sixty-three of the acts of nineteen hundred and 
eleven, is hereby revived and continued for the period of two 
years from the effective date of this act for the sole purpose of 
selling and conveying title to a certain tract of land with the 
buildings thereon and privileges appurtenant thereto, situ- 
ated in the city of Brockton, and distributing the proceeds of 
said sale among creditors and stockholders entitled thereto. 

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

Approved March 1, 1928. 



Chap. 68 An Act authorizing the county of dukes county to 
acquire land at south beach in that part of the 
town of edgartown known as katama. 

Be it enacted, etc., as follows: 

Section 1. For park purposes, the county commissioners 
of the county of Dukes County may take by eminent domain 
under chapter seventy-nine of the General Laws or acquire 
by purchase, certain land at South Beach in that part of the 
town of Edgartown known as Katama, being Lot "A" as 
shown on a plan drawn by William S. Swift & Sons, Sur- 
veyors, dated July twenty-third, nineteen hundred and 
twenty-seven and filed in the land registration office at Bos- 
ton, Massachusetts, a copy of a portion of which, numbered 
10343-B, is filed with Certificate of Title, Number 322, in the 
registry district of Dukes County, and bounded northerly by 
Lot "B" as shown on plan above mentioned, nine hundred 
and sixty-four and eighty-five one hundredths feet, easterly 



Dukes County 
may acquire 
for park pur- 
poses land at 
South beach in 
that part of 
town of Edgar- 
town known 
as Katama. 



Acts, 1928. — Chaps. 69, 70. 43 

by land of owners unknown measuring on the upland about 
ninety-eight feet, southerly by the Atlantic ocean and 
southwesterly by a town road measuring on the upland about 
one hundred and sixty feet. 

For the purpose of acquiring such land as aforesaid, there Appropria- 
is hereby appropriated, and said county commissioners are *'°°' ®**'- 
hereby authorized to levy as a part of the county tax of said 
county for the current year, such sum as may be necessary 
therefor, not exceeding fifteen hundred dollars. 

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

Approved March 1, 1928. 



An Act authorizing the city of chelsea to sell and ni^nj. aa 

CONVEY certain PARK LAND. ^' 

Be it enacted, etc., as follows: 

Section 1. The city of Chelsea may sell and convey the city of cheisea 
land, or any part thereof, in said city known as Highland convly'iertoin 
Park, heretofore acquired by said city for the purpose of a p^ri^ 'and. 
public park. 

Section 2. This act shall take effect upon its acceptance Submission 
during the current year by vote of the board of aldermen of aiderm^^etc 
said city, subject to the provisions of its charter; otherwise 
it shall not take effect. Approved March 1, 1928. 



An Act relative to notice of hearings before the de- (JJiar) 70 

PARTMENT OF PUBLIC UTILITIES UPON APPLICATIONS FOR 
EXEMPTION OF PREMISES OF PUBLIC SERVICE CORPORATIONS 
FROM THE ZONING LAWS OF THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Section twenty-two of chapter four hundred and eighty- 1924, 488, § 22, 
eight of the acts of nineteen hundred and twenty-four is ^"^®'^''^'i- 
hereby amended by striking out the last paragraph and 
inserting in place thereof the following: — A building or Notice of hear- 
premises used or to be used by a public service corporation Ifep^rtment of 
may be exempted from the operation of this act if, upon a put>''c utilities 
petition of the corporation, the department of public utilities tion'for^l'xemp- 
shall, after a pubHc hearing of which notice shall seasonably premLs of 
be mailed to the petitioner, and to the owners of all abutting public service 
property and of all other property deemed by the department fro'^STzonTng 
to be affected thereby as they appear in the most recent local iTflos^n!^ 
tax list, and to the representatives in the general court from 
the district, and to the member of the city council of the city 
of Boston from the ward, in which such building or premises 
are or are to be situated, and also advertised at least once in 
a newspaper published in said city, decide that the present or 
proposed situation of the building or premises in question is 
reasonably necessary for the convenience or welfare of the 
public. Approved March 1, 1928. 



44 



Acts, 1928. — Chaps. 71, 72. 



City of Spring- 
field may ac- 
quire land in 
towns of Long- 
meadow and 
East Long- 
meadow for 
public park 
or playground 
purposes. 



Chap. 71 An Act authorizing the city of springfield to acquire 

LAND IN THE TOWNS OF LONGMEADOW AND EAST LONG- 
MEADOW FOR PUBLIC PARK OR PLAYGROUND PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. The city of Springfield, by its board of park 
commissioners, may from time to time within a period of 
three years from the passage of this act, acquire by purchase 
or gift upon such conditions as said board may deem ad- 
visable, or by devise or in fee by eminent domain under chap- 
ter seventy-nine of the General Laws, and may maintain, 
for public park or public playground purposes land lying 
within the towns of Longmeadow and East Longmeadow, or 
either of them, not exceeding two hundred acres in the 
aggregate in each of said towns, subject to the provisions of 
chapter forty-five of the General Laws to the same extent 
as if said land were within the limits of said city. 

Section 2. This act shall take effect upon its acceptance 
during the current year by vote of the city council of said 
city, subject to the provisions of its charter; otherwise it 
shall not take effect. For the purpose of such acceptance 
only, this act shall take effect upon its passage. 

Approved March 1, 1928. 



Submission 
to city 
council, etc. 



Chap. 72 An Act relative to the penalty for the unlawful 

KILLING OR TAKING OF QUAIL. 



G. L. 131, § 34, 
etc., amended. 



Close season 
for quail. 



Penalty. 



Be it enacted, etc., as follows: 

Section thirty-four of chapter one hundred and thirty-one 
of the General Laws, as amended by section four of chapter 
one hundred and fifty-one of the acts of nineteen hundred 
and twenty-six, is hereby further amended by striking out, 
in the fourteenth line, the word "twenty" and inserting in 
place thereof the words: — not less than twenty nor more 
than fifty, — so as to read as follows: — Section 34- Except 
as provided in section thirty-five A or fifty-three, no person, 
except between the twentieth of October and the twentieth 
of November, both inclusive, shall hunt, pursue, take or kill 
a quail, or have the same or any part thereof in possession, 
except as provided in section eighty-two, eighty-three or 
eighty-six; and no person, except as provided in section 
thirteen, shall at any time transport or cause to be trans- 
ported out of the commonwealth a quail taken or killed 
within the commonwealth, or have in possession quail with 
intent so to do, except quail artificially propagated as pro- 
vided in section eighty-two or eighty-three. Whoever vio- 
lates this or the preceding section shall be punished by a 
fine of not less than twenty nor more than fifty dollars for 
each bird or part thereof in respect to which the violation 
occurs. Approved March 1, 1928. 



Acts, 1928. — Chaps. 73, 74. 45 



An Act authorizing the city of newton to take land (JJidj) 73 

FOR THE PURPOSES OF A GROUP OF MUNICIPAL BUILDINGS ' 

AND SURROUNDING GROUNDS AND TO APPROPRIATE CER- 
TAIN OTHER LAND THEREIN FOR SUCH PURPOSES. 

Be it enacted, etc., as follows: 

For the purpose of erecting thereon a group of buildings City of Newton 
for municipal purposes and providing surrounding grounds, [Sr p^pos^^c^f 
the city of Newton may, by vote of its board of aldermen, a^eroupof 
with the approval of the mayor, take by eminent domain bllikUngsand 
under chapter seventy-nine of the General Laws, without grounTafi^l 
other specification of purpose than herein contained, any or 
all of that part of a parcel of land in said city bounded 
easterly by Walnut street, southerly by Homer street, 
westerly by the westerly line of Parkway road and northerly 
by Commonwealth avenue which has not already been taken 
by said city for the purposes of a city hall and surrounding 
grounds. Said land already taken by said city for the pur- 
poses aforesaid may by vote of its board of aldermen, ap- 
proved by the mayor, be appropriated for the purposes of the 
said group of buildings for municipal purposes and surround- 
ing grounds. Approved March 1, 1928. 

An Act further regulating the taking of trout in QJiaj) 74 

THE DEERFIELD RIVER. 

Be it enacted, etc., as follows: 

Section 1. Section forty-nine of chapter one hundred ^c^ameAdetf' 
and thirty of the General Laws, as most recently amended 
by chapter five of the acts of nineteen hundred and twenty- 
seven, is hereby further amended by striking out, in the 
ninth, tenth and eleventh lines, the words "that section of 
the Deerfield river lying between Shelburne Falls and the 
state line at Sherman, Vermont" and inserting in place 
thereof the words : — the Deerfield river within the com- 
monwealth, — so as to read as follows : — Section 49. Ex- Buying, selling, 
cept as provided in section fifty-two, no person shall at any trout^r'egukted. 
time buy, sell or offer for sale a trout or take or have in Application 
possession trout between August first in any year and April rivw^withln 
fifteenth of the year following; or have in possession at any ^°^i"if°' 
time a brook trout less than six inches in length or a rainbow, 
Loch Leven or brown trout less than eight inches in length, 
or a trout less than twelve inches in length if taken from the 
Deerfield river within the commonwealth, unless taken by a 
person lawfully fishing and immediately returned alive to the 
water whence it was taken. 

Section 2. Section fifty-one of said chapter one hundred g. l. 130^ § 51. 
and thirty, as amended by section two of chapter nineteen of ^ 
the acts of nineteen hundred and twenty-six, is hereby fur- 
ther amended by striking out all after the word "from" in 
the sixth line and inserting in place thereof the words : — the 
Deerfield river within the commonwealth, — so as to read 



46 



Acts, 1928. — Chap. 75. 



Fishing ior 
trout, limit 
of'catch. 
Application to 
Deerfield river 
within com- 
monwealth. 



G. L. 130, 

§54A. 

amended. 



Restricted area 
in Deerfield 
river within 
commonwealth 
for purpose of 
breeding and 
developing 
trout. 



as follows : — Section 51 . No person shall in any one day 
take a total of more than twenty-five trout of any or all 
species, and when two or more persons are angling from the 
same boat or raft they shall take for a like period not more 
in the aggregate than thirty trout, nor shall any person take 
more than five trout of any or all species in any one day 
from the Deerfield river within the commonwealth. 

Section 3. Section fifty-four A of said chapter one hun- 
dred and thirty, inserted by section three of said chapter 
nineteen, is hereby amended by striking out, in the third, 
fourth and fifth lines, the words "that section of the Deerfield 
river lying between Shelburne Falls and the state line at 
Sherman, Vermont" and inserting in place thereof the 
words: — the Deerfield river within the commonwealth, — 
so as to read as follows: — Section 64 A. For the purpose of 
breeding and developing trout, the director may establish a 
restricted area in the Deerfield river within the common- 
wealth, and he may, subject to approval by the governor and 
council, make rules and regulations for the taking of fish 
within such area. Approved March 1, 1928. 



Chap. 75 An Act relative to the assessments for the recon- 
struction OF THE EAST SAUGUS BRIDGE OVER THE SAUGUS 
RIVER BETWEEN THE TOWN OF SAUGUS AND THE CITY OF 
LYNN. 

Be it enacted, etc., as follows: 

Section 1. Chapter two hundred and ninety-three of the 
acts of nineteen hundred and twenty-six is hereby amended 
by striking out section three and inserting in place thereof 
the following : — Section 3. From time to time prior to the 
completion of said bridge and the approaches thereto, the 
county commissioners in their discretion may, and upon such 
completion shall, file in the office of the clerk of the courts for 
said county a detailed statement, certified under their hands, 
of the amount of actual cost and expenses, including interest 
on all moneys borrowed under the authority of section two, 
theretofore in each instance incurred, for the reconstruction 
of said bridge and the approaches thereto, and not included 
in any statement previously so filed, and they shall, in each 
instance, give notice to the city of Lynn and to the inhabit- 
ants of the town of Saugus, and of such amounts so filed 
shall assess upon said city and upon said town a sum, in each 
instance, equal to thirty-three and one third per cent thereof, 
and the said city and town shall pay into the treasury of the 
county the amount so assessed within sixty days after notice 
of such assessment by the county commissioners. If the 
said city or town shall refuse or neglect to pay its proportion 
of any sum so assessed, said county commissioners shall, 
after notice to the city or town, as the case may be, issue a 
warrant against said city or town for its proportion thereof, 
with interest and costs of the notice and warrant, and the 



1926, 293, § 3, 
amended. 



Essex county 
commissioners 
to file state- 
ment of cost 
of reconstruc- 
tion of East 
Saugus bridge 
over Saugus 
river between 
Saugus and 
Lynn. 



Assessment 
upon city of 
Lynn and 
town of 
Saugus, etc. 



Proceedings 
upon refusal 
or neglect of 
said city or 
town to 
pay, etc. 



Acts, 1928. — Chap. 75. 47 

same shall be collected and paid into the treasury of the 
county of Essex and applied to meet the temporary loans 
issued by the county under section two or to pay said cost 
and expenses. 

Section 2. Section four of said chapter two hundred etc^'amendt'd 
and ninety-three, as amended bj'^ section two of chapter 
fifty-seven of the acts of nineteen hundred and twenty-seven, 
is hereby further amended by inserting after the word "in- 
curred" in the fourteenth line the words: — by said county, 
— by striking out, in the twenty-sixth and twenty-seventh 
lines, the words "such sum as may be necessary, not exceed- 
ing" and inserting in place thereof the words: — from time 
to time such sums as may be necessary, not exceeding, in the 
aggregate, — and by striking out, in the twenty-ninth and 
thirtieth Hues, the words "Such loan shall be paid within 
one year from its date" and inserting in place thereof the 
following : — Each authorized issue shall constitute a sepa- 
rate loan, and such loans shall be paid within one year from 
their dates, — so as to read as follows: — Section 4- For County of 
the purpose of paying the proportion of the said cost and ex- borrow"toVy 
penses which is to be borne by the county of Essex, the county of^'^gt^n^^" 
treasurer, with the approval of the county commissioners, expenses. 
may borrow such sum as may be necessary, not exceeding 
twelve thousand dollars, and may issue notes of the county 
therefor, which shall bear on their face the words, County of ess'S* Ealt 
Essex, East Saugus Bridge Loan, Act of 1926. Such loan Saugils Bridge 
shall be paid within one year from its date. Such notes onoie^*'* 
shall be signed by the treasurer of the county and counter- 
signed by a majority of the county commissioners. Said 
county may sell the said securities at public or private sale 
upon such terms and conditions as the county commissioners 
may deem proper, but not for less than their par value. 
Indebtedness incurred by said county hereunder shall, except 
as herein provided, be subject to chapter thirty-five of the 
General Laws. The town of Saugus, for the purpose of pay- Town of 
ing its proportion of said cost and expenses, may borrow bowowto^y 
from time to time such sums as may be necessary, not ex- its proportion 

01 cost 3,riQ 

ceeding, in the aggregate, twelve thousand dollars, and may expenses, 
issue bonds or notes therefor, which shall bear on their face 
the words. Town of Saugus, East Saugus Bridge Loan, Act ^°^\°^^ 
of 1926. Each authorized issue shall constitute a separate Saul^'Bridge 
loan, and such loans shall be paid within five years from their of°i926^'^* 
dates. The city of Lynn, for the purpose of paying its pro- city of Lynn 
portion of said cost and expenses, may borrow from time to pay^it's°propo^. 
time such sums as may be necessary, not exceeding, in the t^^ ^^ cost 
aggregate, twelve thousand dollars, and may issue notes e^p^iises. 
therefor, which shall bear on their face the words. City of iist slug^u°°' 
Lynn, East Saugus Bridge Loan, Act of 1926. Each au- Bridge Loan, 
thorized issue shall constitute a separate loan, and such *'*° ^^^^' 
loans shall be paid within one year from their dates. In- 
debtedness incurred by said city and by said town under this 
act shall be in excess of their respective statutory limits, but 
shall, except as herein provided, be subject to chapter forty- 



48 



Acts, 1928. — Chap. 76. 



Proceeds of 
loaDS, dis- 
position, etc. 



Submission to 
Essex county 
commissioners. 
Proviso. 



four of the General Laws. The proceeds of loans issued by- 
said city and by said town shall be paid into the county 
treasury of said county and, together with the proceeds of 
loans issued by said county under this section, shall be ap- 
plied to meet temporary loans of said county issued in ac- 
cordance with section two or to pay said cost and expenses. 
Section 3. This act shall take effect upon its acceptance 
by the county commissioners of the county of Essex; pro- 
vided, that such acceptance occurs during the current year. 

Approved March 1, 1928. 



Chap. 76 An Act relative to plumbers' licenses and certificates 

OF REGISTRATION. 

Be it enacted, etc., as follows: 

Section 1. Chapter one hundred and forty-two of the 
General Laws is hereby amended by striking out section six 
and inserting in place thereof the following : — Section 6. 
Licenses and certificates issued by the examiners shall be 
valid throughout the commonwealth, but shall not be assign- 
able or transferable. The examiners shall forward to the 
board of health of each town, or to the inspector of buildings 
having control of the enforcement of regulations relative to 
plumbing in such town, the names and addresses of all per- 
sons in such town to whom such licenses have been granted. 
Licenses shall be issued for one year and may be renewed 
annually on or before May first upon payment of the re- 
quired fee. Each holder of a master plumber's certificate 
or license shall register his name and business address with 
said inspector of buildings if he has such control, otherwise 
with the board of health, in the town wherein he desires to 
engage in business as a master plumber. Any such license or 
certificate may, after notice and hearing, be suspended or 
revoked by the examiners upon the violation by the holder 
thereof of any statute, ordinance, by-law, rule or regulation 
relative to plumbing, upon failure or refusal of the holder 
thereof to comply with the rules and requirements of the 
examiners, or for other sufficient cause. 

Section 2. Section seven of said chapter one hundred 
and forty-two is hereby amended by striking out all after the 
word "committed" in the fifth line and inserting in place 
thereof the words: — shall give notice thereof to the ex- 
aminers, — so as to read as follows : — Section 7. If in the 
opinion of such inspector of buildings, if any, otherwise of 
the board of health, of a town, the holder of a license or 
certificate violates any statute, ordinance, by-law, rule or 
regulation relative to plumbing, the said inspector or board 
of health of the town where such violation is committed 
shall give notice thereof to the examiners. 

Approved March 1, 1928. 



G. L. 142, § 6, 
amended. 

Plumbers' 
licenses and 
certificates 
valid through- 
out common- 
wealth. Not 
transferable. 



Term of 
license. 
Renewal. 
Registration. 



Revocation 
of licenses. 



G. L. 142, § 7. 
amended. 



Notice to 
examiners 
of violation 
of statute. 



Acts, 1928. — Chaps. 77, 78. 49 



An Act exempting the fishing boats and gear of cer- (Jfidj)^ 77 

TAIN fishermen FROM LOCAL TAXATION. 

Be it enacted, etc., as follows: 

Section 1. Clause twentieth of section five of chapter g. l. 59, §5, 
fifty-nine of the General Laws is hereby amended by adding amJmiedi'^*^^' 
at the end thereof the words : — ; and boats, fishing gear 
and nets of persons engaged exclusively in commercial 
fishing and actually used by them in the prosecution of their 
business, not exceeding in any event three hundred dollars 
in value, — so as to read as follows : — Twentieth, The wearing 
wearing apparel and farming utensils of every person; his w^'^too/s!"" 
household furniture used in the dwelling which is the place ceedin°*certain 
of his domicile not exceeding one thousand dollars in value ; amount in 
and the necessary tools of a mechanic not exceeding three h-om*'iocar^* 
hundred dollars in value; and boats, fishing gear and nets taxation. 
of persons engaged exclusively in commercial fishing and 
actually used by them in the prosecution of their business, 
not exceeding in any event three hundred dollars in value. 

Section 2. This act shall be operative as of the first ^g^ative 
day of April in the current year. 

Approved March 1, 1928. 

An Act authorizing the town of winchendon to estab- Chap . 78 

LISH A FIRE DEPARTMENT. 

Be it enacted, etc., as follows: 

The town of Winchendon may establish a fire department Town of 
to be under the control of a board of fire commissioners, may'est'abiish 
hereinafter called the board, consisting of three members pa^mtnt. 
who shall annually be appointed by the selectmen, shall 
receive such salary as they may from time to time determine 
and may be removed by them for cause at any time after 
a hearing. The board shall have the rights, powers, duties Rights, 
and obligations given to chiefs of fire departments in certain durils!'etc. 
towns by sections forty-two and forty-three of chapter 
forty-eight of the General Laws except that it shall annually 
appoint, in lieu of a deputy chief, a chief engineer who shall ni'erf duties. 
have immediate charge and direction, under its supervision, 
of the property and apparatus used for and by the fire de- 
partment and of the subordinate officers and other mem- 
bers of said department and shall, when present, have sole 
charge and direction thereof in extinguishing fires and pro- 
tecting life and property in case of fire. Said chief engineer salary. 
shall receive such salary as the board may from time to 
time determine with the approval of the selectmen and ma}-- Removal 
be removed by it for cause at any time after a hearing. ^"^ *^"^^' 

Approved March 1, 1928. 



50 



Acts, 1928. — Chaps. 79, 80. 



Chap. 79 An Act relative to the filling of vacancies in the 

SCHOOL COMMITTEE OF THE CITY OF REVERE. 

Be it enacted, etc., as follows: 

Section 1. Chapter six hundred and eighty-seven of the 
acts of nineteen hundred and fourteen is hereby amended by 
striking out section forty-seven and inserting in place thereof 
the following : — Section If!. Whenever a vacancy shall oc- 
cur in the membership of the school committee, the mayor 
shall call a joint meeting of the council and the school com- 
mittee. The president of the council shall preside at such 
meeting, and the vacancy shall be filled by vote of a majority 
of all the members of the two bodies. The term of the person 
thus chosen shall continue until the qualification of his suc- 
cessor who shall be elected at the next biennial municipal 
election. 

Section 2. This act shall take effect upon its acceptance 
during the current year by vote of the city council of said 
city, subject to the provisions of its charter, but not other- 
wise. Approved March 1, 1928. 



1914, 687, § 47, 
amended. 



Vacancy in 
school com- 
mittee of city 
of Revere, 
filling, term. 



Submission 
to city 
council, etc. 



Chap. 80 An Act relative to the issue by two or more fire in- 
surance COMPANIES OF POLICIES OF SPRINKLER LEAKAGE 
insurance, so-called, upon which THEY SHALL BE 
SEVERALLY LIABLE AND RELATIVE TO CERTAIN POLICIES OF 
liability INSURANCE. 

Be it enacted, etc., as follows: 

Section 1. Chapter one hundred and seventy-five of the 
General Laws is hereby amended by inserting after section 
one hundred and seventeen, under the heading "Sprinkler 
Leakage Insurance", the following new section: — 



G. L. 175, 
new section 
after § 117. 



Two or more 
fire insurance 
companies 
may issue 
policies of 
sprinkler 
leakage insur- 
ance, etc. 



Conditions 
relative to 
issue of 
policies. 



SPRINKLER LEAKAGE INSURANCE. 

Section 117 A. Two or more stock or two or more mutual 
fire companies authorized to transact business under the 
eighth clause of section forty-seven may issue a single policy 
of insurance against loss or damage caused by any or all of 
the hazards specified in said eighth clause on property or 
interests in the commonwealth on which each company shall 
be severally liable for a specified percentage of any loss or 
claim. Such policy shall be executed by the duly authorized 
officers of each company subject to the provisions of section 
thirty-three in the case of a domestic company. 

No such policy shall be issued or delivered until a copy of 
the form thereof has been on file for thirty days with the 
commissioner, unless before the expiration of said thirty days 
he shall approve the form of the policy in writing ; nor if the 
commissioner notifies the company in writing within thirty 
days that in his opinion the form of the policy does not com- 
ply with the laws of the commonwealth, specifying his reasons 



Acts, 1928. — Chap. 80. 51 

therefor, provided, that such action of the commissioner shall 
be subject to review by the supreme judicial court; nor unless 
it is headed by the corporate name of each company, nor 
unless it contains in substance the provisions numbered (1), 
(3), (4) and (5) in section one hundred and two A and a 
provision that any notice, sworn statement or proof of loss, 
which may be required by the provisions of said policy may 
be rendered, made or given to any one of such companies or 
to a duly authorized agent of any one of such companies, and 
that such notice, sworn statement or proof of loss so rendered, 
made or given shall be valid and binding as to all of such 
companies. 

The provisions of sections seventy-six, eighty, eighty-one, Certain pro- 
eighty-three and ninety-eight applicable to policies issued cabTe^to^'poHcies 
by mutual fire companies, persons insured under such policies issued under 
and dividends and assessments thereunder shall apply to cept°etc^'' 
each policy issued under this section by mutual companies, 
to persons insured thereunder and to dividends and assess- 
ments thereunder, except as hereinafter provided. 

The person insured under such a policy issued as aforesaid Person insured 
by mutual companies shall be deemed to be a member of nfember, ete^ 
each such company while the policy is in force and entitled Entitled 
to one vote at the meetings of each company. 

The notice, endorsement and statement required by said ^0™^°^^^ 
sections seventy-sLx, eighty and eighty-one, respectively, 
shall be in such form and in such place on the policy as the 
commissioner shall prescribe. 

The dividend under said section eighty and the contingent Dividends, 
mutual liabihty of the insured fixed by said sections eighty- ""^ ''"'"p" 
one and eighty-three in respect to each such company shall be 
computed or based on such proportion of the total premium 
for the policy as the amount insured by such company bears 
to the full amount insured under the policy. 

The notice to policyholders required by said section eighty Notice to 
shall be sent by each such company to the insured. The EoidTr's, etc. 
provisions of said section ninety-eight shall apply to the ap- 
plication, if any, of the insured to each such company and to 
their by-laws. 

Nothing in this section shall be construed as affecting. Certain laws 
except as provided herein, any provision of law relative to "^ot ^^ected. 
the rights, powers, duties and liabilities of mutual fire com- 
panies and persons insured thereby. 

Section 2. Section eighteen of said chapter one hundred ^c.^'ameAded ' 
and seventy-five, as amended by section two of chapter two 
hundred and eighty-five of the acts of nineteen hundred and 
twenty-four and by section two of chapter one hundred and 
sixty-four of the acts of nineteen hundred and twenty-five, is 
hereby further amended by striking out the first paragraph 
and inserting in place thereof the following: — Section 18. insurance eom- 
Every company shall conduct its business in the common- m cwpora^e 
wealth in its corporate name, and all policies and contracts, 
other than contracts of corporate suretyship, issued by it 
shall, except as provided in sections one hundred and two A, 



name. 



52 



Acts, 1928. — Chap. 81, 



G. L. 175, 
§ lllA, 
amended. 



Certain insur- 
ance policies to 
contain certain 
provisions. 



Issue of single 
motor vehicle 
liability policy 
not permitted 
under section. 
G. L. 223, 
§ 39A, etc.. 
amended. 



Service of 
process upon 
certain in- 
surance com- 
panies sever- 
ally, or jointly 
and severally 
liable on cer- 
tain policies. 



one hundred and eleven A and one hundred and seventeen A 
of this chapter and in section fifty-six of chapter one hun- 
dred and fifty-two, be headed or entitled only by such name. 
Section 3. Section one hundred and eleven A of said 
chapter one hundred and seventy-five, inserted by section 
one of said chapter one hundred and sixty-four, is hereby 
amended by striking out provisions numbered (3) and (4) 
and inserting in place thereof the following : — 

(3) The provisions numbered (3) and (5) in section one 
hundred and two A. 

(4) The provision, in the case of a pohcy issued by a 
mutual company, numbered (4) in said section one hundred 
and two A. 

Nothing in this section shall permit two or more companies 
to issue a single motor vehicle liability policy as defined in 
section thirty-four A of chapter ninety. 

Section 4. Chapter two hundred and twenty-three of 
the General Laws is hereby amended by striking out section 
thirty-nine A, as inserted by section five of said chapter two 
hundred and eighty-five, and as amended by section three of 
said chapter one hundred and sixty-four, and inserting in 
place thereof the following : — Section 39 A . In an action 
against insurance companies severally liable upon a policy 
of insurance issued under section one hundred and two A, one 
hundred and eleven A or one hundred and seventeen A of 
chapter one hundred and seventy-five, or jointly and severally 
liable upon a policy of insurance issued under said section one 
hundred and eleven A, or in a suit against insurance com- 
panies brought by a judgment creditor under section one 
hundred and thirteen of said chapter one hundred and 
seventy-five and clause ten of section three of chapter two 
hundred and fourteen under a policy of liability insurance 
issued under said section one hundred and eleven A, service 
upon any one of said companies shall be a valid and sufficient 
service upon all of such companies as are named in the proc- 
ess. Such service, if on a domestic company, shall be made 
in the manner provided in this chapter and, if on a foreign 
company, in the manner provided in section thirty-nine of 
this chapter, or in the third clause of section one hundred and 
fifty-one and section one hundred and fifty-four of said 
chapter one hundred and seventy-five. 

Approved March 1, 1928. 



Chap. 81 An Act providing for associate members of the board 

OF APPEALS IN THE CITY OF SOMERVILLE. 

Be it enacted, etc., as follows: 

Section 1. The city of Somerville may by ordinance 
provide for the appointment by the mayor, subject to con- 
firmation by the aldermen, of associate members of the board 
of appeals established in relation to the zoning ordinances 
and general building ordinances of said city under the pro- 
visions of section twenty-seven of chapter forty of the Gen- 



City of 
Somerville 
may provide 
for appoint- 
ment by mayor 
of associate 
members of 
board of 
appeals, etc. 



Acts, 1928. — Chap. 82. 53 

eral Laws, as affected by chapter forty-nine of the acts of 
nineteen hundred and twenty-eight. In case of a vacancy, 
inabihty to act or interest on the part of a member of the 
board of appeals his place shall be taken by an associate 
member. 

Section 2. This act shall take effect upon its acceptance, Submission to 
during the current year, by vote of the city council of said cu.^etc."'*' 
city, subject to the provisions of its charter, otherwise it 
shall not take effect; but, for the purposes of such accept- 
ance, it shall take effect upon its passage. 

Approved March 1, 1928. 



An Act establishing a board of election commissioners QJkjj) 82 
IN the city of somerville. 

Be it enacted, etc., as follows: 

Section 1. The board of registrars of voters of the city somerviiie 
of Somerville is hereby abolished. All the powers, duties and registrars of 
liabilities of said board of registrars are hereby transferred J°^^^^^^^^' 
to and shall hereafter be placed upon and exercised by a board of eiec- 
board of election commissioners in said city, hereinafter called sloners™'"'^' 
the board, which shall be the lawful successor of said regis- established. 
trars. Immediately upon the acceptance of this act as 
hereinafter provided, the said registrars of voters shall deliver 
to the board all books, papers, records and all other property 
in their possession. 

Section 2. The board shall consist of four persons, of Number of 
whom two shall always represent each one of the two leading comprfse° 
political parties, as defined in section one of chapter fifty of ^°^^'^- 
the General Laws. They shall receive such compensation Compensation. 
as the mayor and board of aldermen may determine. 

Section 3. The members of the board of registrars of ^oard of 

• ■ • > • • GiGction com— 

voters in office in said city at the time this act takes effect missioners, 
shall be members of said board of election commissioners, I'utldTt'eras 
and shall serve until the expiration of their respective terms °f o^^e, etc. 
and until their successors are appointed and qualified. The city clerk 
city clerk shall always be ex officio one of the members of the S^^cTo. 
board. As the terms of the several election commissioners vacancy, 
expire, and in case a vacancy occurs in said board, the mayor ^°^ ^"®*^" 
shall, subject to approval by the board of aldermen, so ap- 
point their successors that the members of the board shall 
equally represent the two leading political parties as defined 
as aforesaid. Such appointments shall be for terms of three 
years beginning April first, except that any appointment to 
fill a vacancy shall be for the unexpired term. 

Section 4. The board shall organize annually in the Organization 
month of April by the choice of a chairman and a secretary. " "^"^ ' ^^''' 
In case the members are unable to agree upon a chairman 
and a secretary, such officers shall be designated by the 
mayor. The secretary shall keep a full and accurate record 
of the proceedings of the board and shall perform such other 
duties as the board may require. 



54 



Acts, 1928. — Chap. 83. 



Powers, duties, 
etc., to be 
vested in 
board, etc. 



Board may 
appoint certain 
assistants, etc. 



Submission 
to city 
council, etc. 



Section 5. All the powers, duties and liabilities relating 
to caucuses, primaries and elections by law vested in and 
placed upon the mayor, the board of aldermen, the city 
clerk and the board of registrars of voters except the power 
and duty of fixing the days and hours and places for holding 
the same, shall in said city be vested in and placed upon the 
board of election commissioners. 

Section 6. The board may appoint such assistant com- 
missioners and such other assistants as it deems necessary, 
who shall at all times equally represent the two leading 
political parties as defined as aforesaid. 

Section 7. This act shall take effect upon its acceptance 
during the current year by vote of the city council of said 
city, subject to the provisions of its charter, but not other- 
wise; but, for the purpose of such acceptance only, it shall 
take effect upon its passage. Approved March 1, 1928. 



Town of 

Wilmington 
may pay cer- 
tain sums of 
money on 
account of 
deaths of 
certain firemen. 



Chav. 83 ^^ ^^'^ authorizing the town of Wilmington and the 
town of tewksbury to pay certain sums of money 
ON account of the deaths of certain firemen killed 

IN THE performance OF DUTY. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of promoting the public 
good, the town of Wilmington may pay to the widow and 
minor children, or any of them, of Wilber Allen Sheldon and 
of Howard Russell Pratt, former members of its fire depart- 
ment, who were killed in the performance of their duty while 
fighting fire in the neighboring town of Tewksbury, the 
amounts to which the said widows and minor children, or 
any of them, would be respectively entitled if sections sixty- 
nine to seventy-five, inclusive, of chapter one hundred and 
fifty-two of the General Laws, as amended, had been in 
effect in said town of Wilmington at the time of said deaths 
as to members of its fire department, while engaged in the 
course of their duty in fighting fires in a neighboring town, 
and subject to the conditions set forth in section thirty-one 
of said chapter, as amended; provided, that such payments 
by said town of Wilmington on account of the death of each 
of said deceased firemen shall not exceed twenty-nine hun- 
dred dollars. And for the purpose aforesaid said town of 
Tewksbury may pay to the widow and minor children, or 
any of them, of each of said deceased firemen on account of 
his death as aforesaid the same amounts subject to the con- 
ditions aforesaid; provided, that such payments by said 
town on account of the death of each of said deceased fire- 
men shall not exceed one thousand dollars. After either 
one of said towns accepts this act, no payments shall be au- 
thorized by the commissioners on firemen's relief on account 
of the death of either of said former members of the fire 
department of the town of Wilmington out of the appropri- 
ation made under authority of section eighty-one of chapter 
forty-eight of the General Laws. 



Proviso. 



Town of 
Tewksbury 
may pay cer- 
tain sums of 
money on 
account of 
deaths of cer- 
tain firemen. 
Proviso. 

No payments 
to be author- 
ized by com- 
missioners on 
firemen's 
relief, etc. 



Acts, 1928. — Chaps. 84, 85, 86. 55 

Section 2. So much of this act as relates to the town of ^"^S'e^ri°o1 
Wilmington and to the town of Tewksbury, respectively, Wilmington 
shall take effect upon its acceptance by a majority of the buryTer^^' 
voters of said town present and voting thereon at a town 
meeting called for the purpose during the current year; but 
for the purposes of such acceptances only this act shall take 
effect upon its passage. Approved March 1, 1928. 

An Act authorizing the trustees of trinity methodist (Jhav 84 
episcopal church of springfield to hold additional ' 

property. 

Be it enacted, etc., as follows: 

Trustees of Trinity Methodist Episcopal Church of Spring- Trustees of 
field, a corporation under section one of chapter sixty-eight d^st^Epi^opar 
of the General Laws, is hereby authorized to receive and ^^^rchof 

- "^ Springfield 



hold, absolutely and in trust, real and personal property to may hold 

" ' additions" 

property, 



an amount not exceeding two million dollars. additional 



Approved March 1, 1928. 



An Act authorizing the wardens and vestry of the (Jhnj) g5 

PARISH OF THE CHURCH OF THE ATONEMENT OF WESTFIELD ' ' 

TO HOLD ADDITIONAL PROPERTY. 

Be it enacted, etc., as follows: 

The wardens and vestry of the parish of the Church of the Wardens and 
Atonement of Westfield, a corporation under sections one parish of 
and two of chapter sixty-eight of the General Laws, is hereby Ato^n^'m^nt'of 
authorized to receive and hold, absolutely and in trust, real westfieid may 
and personal property, exclusive of any parsonage land uonaf property. 
granted to or for the use of the ministry of said church, to 
an amount not exceeding three hundred thousand dollars. 

Approved March 1, 1928. 

An Act authorizing the city of lowell to pay a certain CJidy 86 

SUM OF MONEY ON ACCOUNT OF THE DEATH OF A FIREMAN ' 

CAUSED BY INJURIES RECEIVED AND ILLNESS CONTRACTED 
IN THE PERFORMANCE OF DUTY. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of promoting the public City of Loweii 
good, the city of Lowell may pay to the widow of Quincy A. ™fn sum of' 
Foster, a former member of its fire department who died money on 

(. ... . , 1 Ml / i 1 • ji account of 

from injuries received and illness contracted in the per- death of 
formance of his duty at the Eagles hall fire in November, Foster^ ^' 
nineteen hundred and twenty-five, the amount to which the 
said widow would be entitled if sections sixty-nine to seventy- 
five, inclusive, of chapter one hundred and fifty-two of the 
General Laws, as amended, had been in effect in said city at 
the time of the receiving of said injuries and the contracting 
of said illness as to members of its fire department and had 
provided for compensation for death resulting therefrom, 
and subject to the conditions set forth in section thirty-one 
of said chapter, as amended; provided, that such payments Proviso. 



56 



Acts, 1928. — Chaps. 87, 



No payments 
to be author- 
ized by com- 
missioners on 
firemen's 
relief, etc. 



Submission 
to city 
council, etc. 



on account of the death of said Foster shall not exceed fifteen 
hundred dollars. After the effective date of this act, no 
payments shaU be authorized by the commissioners on fire- 
men's relief on account of the death of said Foster out of the 
appropriation made under authority of section eighty-one of 
chapter forty-eight of the General Laws. 

Section 2. This act shall take effect upon its acceptance 
during the current year by vote of the city council of said 
city, subject to the provisions of its charter, but not other- 
wise. Approved March 1, 1928. 



Chap. 87 An Act providing a penalty for the violation of rules 

AND regulations RELATIVE TO HUNTING AND FISHING IN 
CERTAIN STATE FORESTS. 

Be it enacted, etc., as follows: 

Section thirty-four of chapter one hundred and thirty-two 
of the General Laws is hereby amended by adding at the end 
thereof the following new sentence : — Whoever violates 
any provision of any such rule or regulation shall be punished 
by a fine of not more than twenty-five dollars, — so as to 
read as follows : — Section 34 . The commissioner may make 
rules and regulations relative to hunting and fishing or other 
uses of any such land, provided that such rules and regula- 
tions shall be consistent with all laws in relation to the pro- 
tection of fish, birds and quadrupeds. Whoever violates any 
provision of any such rule or regulation shall be punished by 
a fine of not more than twenty-five dollars. 

Approved March 1, 1928. 



G. L. 132, § 
amended. 



Rules as to 
use of state 
forests. 
Proviso. 



Penalty for 
violation. 



Chap. 88 



1927, 171, § 1, 
amended. 



Consolidation 
of First Parish 
in Springfield, 
Massachusetts, 
and the First 
Church of 
Christ, Con- 
gregational, in 
Springfield, 
Massachusetts. 



Acceptance of 
First Parish in 
Springfield, 
NIassachusetts, 
and of First 
Church of 
Christ, Con- 
gregational, in 



An Act relative to the consolidation of the first 
parish in springfield, massachusetts, and the first 
church of christ, congregational, in springfield, 
massachusetts. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter one hundred and 
seventy-one of the acts of nineteen hundred and twenty- 
seven is hereby amended by striking out, in the first and 
second lines, the words "Church and of the parish" and in- 
serting in place thereof the words : — Parish in Springfield, 
Massachusetts, and, — so as to read as follows : — Section 1 . 
The corporate bodies of the First Parish in Springfield, Massa- 
chusetts, and of the First Church of Christ, Congregational, 
in Springfield, Massachusetts, are hereby merged and con- 
solidated into one corporation to be known as the First 
Church of Christ, Congregational, in Springfield, Massa- 
chusetts. 

Section 2. The action taken by the corporate bodies 
of the First Parish in Springfield, Massachusetts, and of 
the First Church of Christ, Congregational, in Springfield, 
Massachusetts, for the purpose of accepting the provisions 
of said chapter one hundred and seventy-one, authorizing 



Acts, 1928. — Chap. 89. 57 

their consolidation into one corporation to be known as the spiingfieid, 
First Church of Christ, Congregational, in Springfield, Massa- of^'provl's'ion"^' 
chusetts, if and in so far as such action was invalid by reason "(^/Sed ^' 
of the incorrect naming therein of said parish, is hereby 
confirmed and made valid as an acceptance of said act; and 
said corporate bodies are hereby declared to have been con- 
solidated into one corporation to be known as the First 
Church of Christ, Congregational, in Springfield, Massa- 
chusetts. Approved March 1, 1928. 

An Act relative to the preservation of primary and Qhav. 89 

ELECTION VOTING LISTS. 

Be it enacted, etc., as follows: 

Section 1. Section thirty-seven of chapter fifty-three of ^^n^g^j ^ ^^■ 
the General Laws is hereby amended by striking out, in the 
seventh line, the words "three years" and inserting in place 
thereof the words : — five years after the expiration of which 
it may be destroyed, — so as to read as follows : — Section 37. menf oTvoters 
When, in a primary, a voter seeks to pass the guard rail, he at primaries. 
shall be asked by one of the ballot clerks with which political 
party he desires to be enrolled, and the ballot clerk upon reply 
shall distinctly announce the name of such political party 
and give him such political party ballot. The voter's selec- Preservation of 
tion shall be checked on the voting list used by the ballot "^"^'"^ 
clerk, and such list shall be returned to the city or town 
clerk for preservation for five years after the expiration of 
which it may be destroyed. Said officers shall, upon receiv- Certified copies 
ing a written request therefor, signed by the chairman of may°be^ '^'^^ 
any ward, town or city committee, or by at least ten voters fumisi^d. 
in the ward, town or precinct for which the list is desired, 
furnish a certified copy of said list to any ward, town or city 
committee. The party enrolment of voters on such voting Use of party 
lists, and all subsequent party enrolment of voters, shall be sSbse'quent'^ 
transferred each year to the voting lists used at subsequent p^manes. 
primaries, if the names of such voters have been entered in 
the annual register prepared by the registrars. 

Section 2. Section one hundred and nine of chapter fifty- g. l. 54, § 109, 
four of the General Laws is hereby amended by striking out, ^'"^" 
in the eighth line, the words "for future reference", — and 
by adding at the end thereof the following new sentence : — 
Such voting lists shall be preserved by the registrars of voters 
for reference for five years after the expiration of which they 
may be destroyed, — so as to read as follows: — Section 109. at'eiectiwfs, 
City and town clerks shall retain in their custody the envelope custody, 
containing the ballots cast, without examining them or per- 
mitting them to be examined by any person except as re- 
quired by law, and upon the expiration of the period fixed 
for their preservation shall cause such ballots to be destroyed. 

City and town clerks shall retain in their custody the voting voting lists 
lists and ballots not cast as long as they retain the ballots not cast° ^ 
cast. They shall then transmit such voting lists to the regis- apposition. 
trars of voters, and shall destroy the ballots marked 



58 



Acts, 1928. — Chaps. 90, 91, 92. 



Preservation of 
voting lists. 



"Spoiled", without examining them or permitting them to 
be examined, and may make such disposition of the undis- 
tributed ballots as they may deem proper. Such voting 
lists shall be preserved by the registrars of voters for ref- 
erence for five years after the expiration of which they may 
be destroyed. Approved March 1, 1928. 



Chaj). 90 An Act reviving the athol memorial hospital. 
Be it enacted, etc., as follows: 



Athol Memo- 
rial Hospital 
revived. 



When 
operative. 



Section 1. The Athol Memorial Hospital, a corporation 
dissolved by chapter two hundred and fifty-five of the acts 
of nineteen hundred and twenty-seven, is hereby revived 
with the same powers, duties and obligations as if said chapter 
had not been passed. 

Section 2. This act shall be operative as of March thirty- 
first of the current year. Approved March 1, 1928. 



Chav. 91 ^^ -^^"^ authorizing the taunton female charitable 
association to hold additional real and personal 
estate. 

Be it enacted, etc., as follows: 

Section one of chapter one hundred and ninety-eight of 
the acts of eighteen hundred and seventy is hereby amended 
by striking out all after the word "of" in the ninth line and 
inserting in place thereof the words: — two hundred thousand 
dollars, — so as to read as follows : — Section 1 . The Taun- 
ton Female Charitable Association, in addition to the powers 
now vested in said corporation, is hereby authorized to 
estabhsh and maintain in the city of Taunton a home for the 
relief of aged and indigent women; and said association is 
hereby authorized to receive grants, devises and donations, 
for the use and purposes herein before specified: provided, 
that the amount of the real and personal estate held by said 
association shall not exceed in value the sum of two hundred 
thousand dollars. Approved March 1, 1928. 



1870, 198, § 1, 
amended. 



Taunton 
Female Chari- 
table Associa- 
tion may 
maintain a 
home for aged 
and indigent 
women. 

May receive 
grants, de- 
vises, etc. 
Proviso. 



Chap. 92 An Act authorizing the Massachusetts historical 

SOCIETY to hold ADDITIONAL REAL AND PERSONAL ES- 
TATE. 

Be it enacted, etc., as follows: 

The Massachusetts Historical Society, a corporation organ- 
ized under chapter thirty-six of the acts of seventeen hundred 
and ninety-three, as affected by chapter four hundred and 
fifty-nine of the acts of eighteen hundred and fifty-five, by 
chapter thirteen of the acts of eighteen hundred and seventy- 
seven, and by chapter fifty-five of the acts of eighteen hun- 
dred and ninety-four, is hereby authorized to hold real and 
personal estate, in addition to its library and library building 



Massachusetts 
Historical 
Society may 
hold additional 
real and per- 
sonal estate. 



Acts, 1928. — Chaps. 93, 94. 59 

and land, to an amount not exceeding two million dollars, 
notwithstanding any limitation in said act of incorporation 
or in any act in amendment thereof or in addition thereto. 

Approved March 1, 1928. 



An Act authorizing the town of milford to use certain Qfiap. 93 

PARK LAND FOR SCHOOL PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. The town of Milford is hereby authorized to Town of mh- 
use for school and school 3'^ard purposes a portion of the town certeS^park^ 
park, so called, situated in the rear of the Milford high school 'and for school 
in said town and bounded and described as follows: — 
northerly by other land of said park, there measuring one 
hundred and thirty feet ; easterly in part by land of owners 
unknown and in part by land of said high school, there 
measuring one hundred and ninety feet in the aggregate; 
southerly and westerly by other land of said park, there 
measuring one hundred and thirty feet and one hundred and 
ninety feet, respectively; and thereafter the portion afore- 
said shall be under the same care and control as other school 
property. 

Section 2. This act shall be submitted to the registered y^K^etc? *" 
voters of the town of Milford for acceptance at the next 
annual town election. The vote shall be taken in answer 
to the following question which shall be printed on the 
official ballot to be used thereat for the election of town 
officers: — "Shall an act passed by the general court in the 
year nineteen hundred and twenty-eight, entitled, 'An Act 
authorizing the town of Milford to use certain park land for 
school purposes', be accepted?" If a majority of the votes 
cast thereon are in the affirmative, this act shall thereupon 
take full effect, but not otherwise. So much of this act as 
authorizes its submission to the registered voters of said 
town shall take effect upon its passage. 

Approved March 1, 1928. 

An Act authorizing the irving & casson-a. h. daven- (Jfiap. 94 

PORT CO. TO BUILD AND MAINTAIN A BLOWER PIPE ACROSS 
AND OVER OTIS STREET IN THE CITY OF CAMBRIDGE. 

Be it enacted, etc., as follows: 

Section 1. Upon petition and after seven days' notice Cambridge city 
inserted in at least one newspaper published in the city of fs°3ue°pemH 
Cambridge, and a public hearing thereon, the city council cas^n-i*H. 
of said city may, by a two thirds vote, with the approval Davenport Co. 
of the mayor, issue a permit to Irving & Casson-A. H. maintain^a 
Davenport Co. of Cambridge, its successors and assigns, to awMfan^lover 
construct and maintain a blower pipe over Otis street in said otis street, 
city, at a point where said corporation owns the land in fee 
on opposite sides of said street and also the fee in that part 
of the street to be crossed by said blower pipe, for the pur- 



60 



Acts, 1928. — Chap. 95. 



Revocation 
of permit. 

Restrictions 
as to height, 
diameter, etc. 



Liability for 
bodily injury 
or damage to 
property. 



Proviso. 



Remedy not 
exclusive. 



pose of conveying shavings and sawdust from its shop at 
number one hundred and eight Cambridge street to its 
boiler room, above the roofs of its buildings at numbers 
twenty-five and twenty-six Otis street, upon condition of 
such ownership and upon such further conditions and sub- 
ject to such restrictions as the said city council may prescribe. 
Any permit so issued may be revoked by vote of said city 
council, with the approval of the mayor. 

Section 2. Any blower pipe constructed under a permit 
granted as aforesaid shall be constructed and maintained 
at a height not less than forty-five feet above the grade line 
of said Otis street and shall not be more than twenty-five 
inches in diameter, and no part of said blower pipe or its 
supports shall rest on the surface of said street. 

Section 3. If a traveler on the highway while in the 
exercise of due care sustains bodily injury or damage in his 
property by reason of the construction or maintenance of 
said blower pipe, he may recover damages therefor in an 
action of tort brought in the superior court against said 
Irving & Casson-A. H. Davenport Co., or its successors or 
assigns, within one year after the date of such injury or dam- 
age; provided, that such notice of the time, place and cause 
of the said injury or damage be given to said Irving & 
Casson-A. H. Davenport Co., or its successors or assigns, 
by, or on behalf of, the person sustaining the same as is, 
under the provisions of chapter eighty-four of the General 
Laws, valid and sufficient in cases of injury or damage sus- 
tained by reason of a defect or a want of repair in or upon a 
way, if such defect or want of repair is caused by or consists 
in part of snow or ice, or both. The remedy herein pro- 
vided shall not be exclusive, but shall be in addition to any 
other remedy provided by law. 

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

Approved March 5, 1928. 



Chap. 95 An Act authorizing the city of haverhill to reim- 
burse ALBERT L. BARTLETT FOR EXPENSES INCURRED ON 
ACCOUNT OF ACTION TAKEN AS AN OFFICIAL THEREOF. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of discharging a moral 
obligation, the city of Haverhill may pay to Albert L. Bart- 
lett a sum of money not exceeding fifteen hundred dollars to 
reimburse him for expenses and costs of litigation incurred in 
the course of defending a suit brought against him as an 
individual for certain acts done in the performance of his 
duties while an alderman of said city and while acting as 
commissioner of public safety therein. 

Section 2. This act shall take effect upon its acceptance 
during the current year by vote of the municipal council of 
the said city, subject to the provisions of its charter; other- 
wise it shall not take effect. Approved Marched, 1928. 



City of Haver- 
hill may reim- 
burse Albert L. 
Bartlett for 
expenses in- 
curred on 
account of 
action taken 
as an official 
thereof. 



Submission to 
municipal 
council, etc. 



Acts, 1928. — Chaps. 96, 97, 98. 61 



An Act authorizing the city of lynn to use certain Qfiar}, 96 

PARK LAND FOR SCHOOL PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. The city of Lynn may use for school purposes city of Lynn 
a part of Memorial park, so-called, formerly called Meadow Srtain^ark 
park, in said city, bounded and described as follows: — pu^plsls^^°°^ 
northwesterly by Goodridge street by various courses, there 
measuring approximately nine hundred and eighty-nine feet 
in the aggregate; northeasterly by Tracy avenue, there 
measuring approximately four hundred and forty-five feet; 
southeasterly by other land of said Memorial park, there 
measuring approximately eight hundred and ninety feet; and 
southwesterly by Memorial Park avenue, there measuring 
approximately four hundred and fifty feet; and containing 
approximately ten acres of land; and thereafter the part 
aforesaid shall be under the same care and control as other 
school property. 

Section 2. This act shall take full effect upon its ac- Submission to 
ceptance, during the current year, by vote of the board of commissioners 
park commissioners of said city, and by vote of the city go^nc^^etc 
council of said city subject to the provisions of its charter; 
but, for the purpose only of such acceptances, it shall take 
effect upon its passage. If not so accepted, it shall not so 
take full effect. Approved March 5, 1928. 

An Act relative to expenditures by the city of revere diav. 97 

FOR municipal ADVERTISING PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. The city of Revere may annually appropri- ^ayan^lTiT 
ate a sum not exceeding three thousand dollars for the appropriate a 
purpose of advertising the advantages of the city, with for m'unici^ai 
special reference to its facilities for summer vacation, recre- ^^Z^}!i''^ 

^. ■, f *iii 1 purposes. 

ation and seashore purposes; provided, however, that as Proviso. 
to each such appropriation a sum equal to the amount 
thereof shall previously have been raised by public subscrip- 
tion and paid into the city treasury to be expended for the 
aforesaid advertising purpose. The money so appropriated J^^^^ dlr^ect^n^ 
by the city and so raised by subscription shall be expended of mayor. 
under the direction of the mayor. 

Section 2. This act shall take effect upon its acceptance Submission to 
during the current year by vote of the municipal council of wuncTif etc. 
said city, subject to the provisions of its charter, but not 
otherwise. Approved March 5, 1928. 

An Act relative to the service of process on certain Chap. 98 

FOREIGN corporations. 

Be it enacted, etc., as follows: 

Section 1. Chapter one hundred and eighty-one of the g. l. isi, new 
General Laws is hereby amended by inserting after section ^^*'°° ^^^^^ • 



62 



Acts, 1928. — Chap. 99. 



Certain foreign 
corporations to 
be deemed to 
have appointed 
commissioner 
attorney for 
service of 
process, etc. 



Applicable to 
existing causes 
of action. 

When operative. 



three the following new section: — Section 3 A. Any such 
corporation which does business in this commonwealth 
without complying with the provisions of section three, in- 
cluding a corporation as to which the commissioner is required 
by section six to refuse appointment as attorney for service, 
shall, without affecting any penalty, liability or disability 
imposed by section five, be deemed and held, in relation to 
any cause of action or proceeding arising out of such business, 
to have appointed the commissioner and his successor in 
office to be its true and lawful attorney, and any process in 
any such action or proceeding against it served upon the 
commissioner or his successor in office shall be of the same 
legal force and validity as if served on such corporation. 

Section 2. This act shall apply to causes of action ex- 
isting on its effective date. 

Section 3. This act shall become operative on the first 
day of September in the current year. 

Approved March 5, 1928. 



Corporate 
powers of 
Boston and 
Maine Raih-oad 
in connection 
with develop- 
ment of its 
terminal facil- 
ities extended. 



Chap. 99 ^^ ^^'^ EXTENDING THE CORPORATE POWERS OF THE BOSTON 
AND MAINE RAILROAD IN CONNECTION WITH THE DEVELOP- 
MENT OF ITS TERMINAL FACILITIES IN THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Section 1. The Boston and Maine Railroad is hereby 
authorized to construct a building suitable for use for the 
purposes of a coliseum, auditorium and sports arena, or for 
any of said purposes, over a new passenger station to be 
constructed on Causeway street in the city of Boston; and 
said corporation is hereby further authorized to use or 
permit to be used said building for all or any of said pur- 
poses. It may also, subject to the approval of the depart- 
ment of public utilities, contract with others for the con- 
struction of a restaurant and hotel building at the corner of 
Causeway and Nashua streets and a freight distributing 
terminal building at the corner of Causeway and Beverly 
streets, all on land now owned by it in the said city; and it 
may, subject to such approval, also acquire and hold bonds, 
stocks or other securities of any corporation owning or leas- 
ing any of said buildings. 

Section 2. So much of section one of chapter three 
hundred and fifty-six of the acts of eighteen hundred and 
seventy-two, of chapter two hundred and ninety-one of the 
acts of eighteen hundred and sixty-nine and of all other acts 
or parts of acts as is inconsistent with the provisions of this 
act is hereby repealed. 

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

Approved March 6, 1928. 



Inconsistent 

provisions 

repealed. 



Acts, 1928. — Chaps. 100, 101. 63 



An Act establishing the salaries of the principal Chav.lOO 

ASSESSORS OF THE CITY OF BOSTON. 

Be it enacted^ etc., as follows: 

Section 1. Section two of chapter ninety-three of the lois (S) 93, § 2, 
Special Acts of nineteen hundred and eighteen, as amended ^^"^ ' '*"'«"'^«'^- 
by section one of chapter two hundred and eighty-three of 
the acts of nineteen hundred and twenty-one, is hereby 
further amended by striking out, in the twelfth line, the 
words "sLx thousand" and inserting in place thereof the 
words: — seventy-five hundred, — and by striking out, in 
the fourteenth line, the words "forty-five hundred" and 
inserting in place thereof the words: — five thousand, — 
so as to read as follows : — Section 2. The mayor of the Mayor of 
city shall appoint, and may at any time remove, in accord- appo°nt!°etc., 
ance with the provisions of chapter four hundred and eighty- assessors, 
six of the acts of nineteen hundred and nine, three assessors 
to hold office for terms of one, two, and three years, re- 
spectively, beginning with the first day of April in the cur- 
rent year. As the term of each assessor expires, the mayor 
in like manner shall appoint his successor for a term of three 
years from the first day of April in the year of appointment. 
The mayor shall also fill any vacancy for the unexpired term, vacancy. 
The mayor shall designate the chairman of the board who Salaries. 
shall receive an annual salary of seventy-five hundred dol- 
lars; the two other members of the board shall each receive 
an annual salary of five thousand dollars. 

Section 2. This act shall take effect upon its acceptance Submission to 
during the current year by vote of the city council of the city ttl *'°""" ' 
of Boston, subject to the provisions of its charter, but not 
otherwise. Approved March 6, 1928. 

An Act providing for party nominations for elective QJiav 101 

MUNICIPAL officers IN THE CITY OF LOWELL. 

Be it enacted, etc., as follows: 

Section 1. So much of section sixteen of chapter forty- Certain pro- 
three of the General Laws as provides that no primary or g^l"43',^ i6, 
caucus for municipal officers shall be held in cities governed fjj°*it''P'''^^^® 
under a standard form of city charter and so much of said of Loweii. 
chapter as provides for the nomination at preliminary elec- 
tions of candidates for elective municipal office in such cities 
shall not apply in the city of Lowell. 

Section 2. Nominations of candidates for municipal f^°™unfdpai 
elective office in said city shall be made by nomination elective office. 
papers as provided in section six of chapter fifty-three of the 
General Laws and by political parties in primaries held in 
accordance with the provisions of sections twenty-three to 
forty and fifty-seven to sixty-four, all inclusive, of said chap- 
ter fifty-three, except as provided in section three of this act. 
Section fifty-six of said chapter fifty-three relative to the 
acceptance or rejection of said provisions shall not apply in 
said city. 



64 



Acts, 1928. — Chaps. 102, 103. 



Date of 

annual munici- 
pal election 
and primary 
in current year. 

Notice of 
intention to 
participate in 
primary. 



Submission 
to voters, etc. 



Section 3. In the current year, the annual municipal 
election in said city shall take place on the third Tuesday of 
December and the municipal primary, for the purpose of 
nominating candidates to be voted for at said election, on the 
first Tuesday of December. The committees of political 
parties intending to participate in said primary shall give 
notice of such intention to the clerk of said city not later 
than the eighth day of November next preceding said 
primary. 

Section 4. This act shall be submitted to the registered 
voters of said city at the biennial state election in the current 
year in the form of the following question which shall be 
placed on the official ballot for use in said city at said elec- 
tion: — "Shall an act passed by the general court in the 
current year, entitled 'An Act providing for party nomina- 
tions for elective municipal officers in the city of Lowell' be 
accepted?" If a majority of the votes cast on said question 
are in the affirmative, this act shall thereupon take full 
effect, but not otherwise. Approved March 8, 1928. 



Chap. 102 An Act increasing the amount of property that may 

BE held by northeastern UNIVERSITY OF THE BOSTON 
YOUNG men's CHRISTIAN ASSOCIATION. 

Be it enacted, etc., as follows: 

Northeastern University of the Boston Young Men's 
Christian Association, a corporation organized under general 
law, is hereby authorized to hold real and personal estate to 
an amount not exceeding four million five hundred thousand 
dollars, to be used for the purposes of said corporation as 
set forth in its charter or certificate of incorporation. Said 
amount shall be in addition to any estate which the corpora- 
tion known as the Boston Young Men's Christian Association 
is authorized to hold. Approved March 8, 1928. 



Northeastern 
University of 
the Boston 
Young Men's 
Christian 
Association 
may hold an 
increased 
amount of 
property. 



C/iap. 103 An Act relative to sessions of registrars of voters. 
Be it enacted, etc., as follows: 



G. L. 51, § 26, 
etc., amended. 



Sessions of 
registrars of 
voters. 



Section 1. Chapter fifty-one of the General Laws, as 
amended in section twenty-six by section one of chapter two 
hundred and four of the acts of nineteen hundred and twenty- 
four, is hereby further amended by striking out said section 
twenty-six and inserting in place thereof the following : — 
Section 26. The registrars, for the purpose of registering 
voters in the manner hereinafter provided, shall hold such 
day and such evening sessions as the town by by-law or the 
city by ordinance shall prescribe, and such other sessions as 
they deem necessary; but, except as provided in section 
fifty, there shall be no registration of voters between ten 
o'clock in the evening on the twentieth day preceding, and 
the day following, the biennial state primary and the biennial 
state election, nor in any city between ten o'clock in the 
evening on the twentieth day preceding and the day follow- 



in towns. 



Acts, 1928. — Chap. 104. 65 

ing the city election, nor in any town between ten o'clock 
in the evening on the Wednesday next but one preceding and 
the day following the annual town meeting. The time and 
place of registration shall be the same for male and female 
applicants. 

Section 2. Said chapter fifty-one, as amended in section g. l. si, § 27. 
twenty-seven by section two of said chapter two hundred and ^^^" '*"'®" 
four, is hereby further amended by striking out said section 
twenty-seven and inserting in place thereof the following: — 
Section 27 . They shall hold at least one session at some Sessions before 
suitable place in every city or town on or before the last day p"'"*"''^ 
for registration preceding the biennial state primary, and on 
or before the Wednesday next but one preceding a city or 
town primary, except a primary preceding a special state, 
city or town election. 

Section 3. Section thirty of said chapter fifty-one is g. l. si, § 30, 
hereby amended by striking out, in the second hne, the word *™®"'*^- 
"twenty" and inserting in place thereof the word: — forty, 
— by striking out, in the tenth line, the word "eighteen" and 
inserting in place thereof the word: — thirty-eight, — and 
by inserting after the word "or" in the eleventh line the 
words: — eighteen days before, — so as to read as follows: — 
Section SO. In towns divided into voting precincts the pef^'O'Jf^ 
registrars shall, within forty days before the biennial state 
election, and also within twenty days before the annual town 
meeting, but in each case on or before the last day fixed for 
registration, hold one or more sessions in each voting pre- 
cinct. In towns not divided into voting precincts they shall, 
during the same period, hold sessions in one or more suitable 
places. They shall hold a session before the last day for 
registration, at some suitable place in any village or locality 
distant two or more miles from the place of registration, if 
ten or more voters residing in or near the same file with the 
town clerk not less than thirty-eight days before the biennial 
state election or eighteen days before the annual town meet- 
ing a petition stating that in such village or locality there 
are at least ten citizens who are entitled and desire to be 
registered. Approved March 8, 1928. 

An Act authorizing the Arlington baptist society to Qhav.^^'^ 

HOLD additional PROPERTY. 

Be it enacted, etc., as follows: 

Section one of chapter three hundred and one of the acts 1901, 301. § 1, 
of nineteen hundred and one is hereby amended by striking ^'"®" ® 
out, in the eighth and ninth lines, the words "the amount of 
two hundred thousand dollars" and inserting in place thereof 
the words : — such amount as it may deem necessary for the 
due support of religious worship in said society, — so as to 
read as follows: — Section 1. The society which was incor- Arlington 
porated by chapter one hundred and five of the acts of the may^^hoid'addf- 
year eighteen hundred and sixteen as the West Cambridge tionai property. 
Baptist Society, and which is now the Arlington Baptist 



66 



Acts, 1928. — Chaps. 105, 106. 



Society, its name having been changed in accordance with the 
provisions of chapter two hundred and twenty-one of the 
acts of the year eighteen hundred and sixty-seven, may hold 
property to such amount as it may deem necessary for the 
due support of rehgious worship in said society. 

Approved March 8, 1928. 



Chap. 105 An Act authorizing the county of Norfolk to borrow 

MONEY FOR COURT HOUSE PURPOSES. 



Norfolk county 
may borrow 
money for 
court house 
purposes. 



Norfolk County 
Court House 
Improvement 
Loan, Act of 
1928. 



Submission to 
Norfolk county 
commissioners, 
etc. 



Be it enacted, etc., as follows: 

Section 1. For the purpo.se of purchasing additional 
real estate for court house purposes of the county of Norfolk, 
the county treasurer of said county, with the approval of the 
county commissioners, may borrow from time to time, on 
the credit of the county, such sums as may be necessary, not 
exceeding, in the aggregate, forty-five thousand dollars, and 
may issue bonds or notes of the county therefor, which shall 
bear on their face the words, Norfolk County Court House 
Improvement Loan, Act of 1928. Each authorized issue 
shall constitute a separate loan, and such loans shall be pay- 
able in not more than ten years from their dates. Such bonds 
or notes shall be signed by the treasurer of the county and 
countersigned by a majority of the county commissioners. 
The county may sell the said securities at pubhc or private 
sale upon such terms and conditions as the count}'' commivS- 
sioners may deem proper, but not for less than their par 
value. Indebtedness incurred under this act shall, except 
as herein provided, be subject to chapter thirty-five of the 
General Laws. 

Section 2. This act shall take effect upon its acceptance, 
during the current year, by the county commissioners of the 
county of Norfolk, but not otherwise. For the purposes of 
such acceptance only, it shall take effect upon its passage. 

Approved March 8, 1928. 



G. L. 175, § 47, 
etc., amended. 



C/iap. 106 An Act relative to the kinds of business that insur- 
ance companies may transact and to coverage under 
insurance policies. 

Be it enacted, etc., as follows: 

Section L Chapter one hundred and seventy-five of the 
General Laws, as amended in section forty-seven by chapter 
one hundred and ninety-eight, by section one of chapter two 
hundred and fifteen and by section three of chapter two hun- 
dred and seventy-seven, all of the acts of nineteen hundred 
and twenty-one, by section three of chapter two hundred and 
sixty-seven of the acts of nineteen hundred and twenty-five, 
and by chapter forty-nine, by section one of chapter fifty- 
three and by section six of chapter two hundred and eighty- 
four, all of the acts of nineteen hundred and twenty-seven, 
is hereby further amended by striking out said section forty- 



Acts, 1928. — Chap. 106. 67 

seven and inserting in place thereof the following: — Sec- Purposes of 
tion Jf?. Companies may be incorporated under and subject o'fTn8u''ranie" 
to the provisions of this chapter for the following purposes: — companies. 

First, To insure against loss or damage to property by Kinds of 
fire, smoke, lightning and other electrical disturbances, wind, "^'"®^^- 
tornado, tempest, cyclone, earthquake, hail, frost, snow, ice, 
weather or climatic conditions, including excess or deficiency 
of moisture, flood, rain or drought, rising of the waters of the 
ocean or its tributaries, bombardment, invasion, foreign 
enemies, insurrection, riot, sabotage, war, civil war or com- 
motion, military or usurped power, explosion fire ensuing, 
and explosion no fire ensuing except explosion of steam boilers 
and flywheels; also to insure against loss or damage by in- 
sects, disease or other causes, to trees, crops or other products 
of the soil; and against loss of use or occupancy due to any 
of said causes. 

Second, To insure, (a) vessels, freights, goods, money, ef- 
fects, and money loaned on bottomry or respondentia, against 
the perils of the sea and other perils usually insured against by 
marine insurance; (6) against risks of inland navigation and 
transportation; (c) in connection with marine or inland 
navigation or transportation insurance on any property, 
against anj^ risk or hazard whether to person or to property, 
including legal habiUty on account of loss or damage to 
either, arising out of the construction, repair, operation, 
maintenance or use of the subject matter of such primary 
insurance; {d) a person engaged in the business or trade of 
manufacturing, buying, selling or dealing in, cutting or setting 
precious stones, jewels, jewelry, gold, silver or other precious 
metals, whether as principal, agent, broker, factor or other- 
wise, against any and all risks of loss or damage including 
deterioration and loss of use, arising out of or in connection 
with such business or trade and against legal liability on 
account of any such loss or damage including deterioration or 
loss of use; (e) against loss or damage to, and loss of use of, 
motor vehicles, airplanes, seaplanes, dirigibles or other air- 
craft, their fittings and contents, whether such motor vehicles 
or aircraft are being operated or not, and wherever the same 
may be, resulting from accident, colhsion, fire, lightning, any 
larceny, pilferage, theft, mahcious mischief or vandalism, 
any of the perils usually insured against by marine insurance 
or risks of inland navigation and transportation, and against 
loss or damage caused by the concealment, removal or un- 
lawful disposition or conversion of such vehicles or aircraft 
by a conditional vendee or mortgagor or bailee in possession; 
(/) against loss or damage to any property caused by teams, 
airplanes, seaplanes, dirigibles or other aircraft, motor vehicles 
or other vehicles except rolling stock of railways, and against 
legal liabihty for loss or damage caused thereby to the prop- 
erty of another, but not including legal liability for bodily 
injury or death caused thereby. 

Third, To insure against loss or damage to, and loss of 
use of, airplanes, seaplanes, dirigibles or other aircraft, motor 



68 



Acts, 1928. — Chap. 106. 



Purposes of 
incorpwration 
of insurance 
companies. 
Kinds of 
business. 



vehicles other than motor boats, their fittings and contents, 
whether such vehicles or aircraft are being operated or not, 
and wherever the same may be, resulting from accident, 
collision, fire, lightning, any larceny, pilferage, theft, ma- 
licious mischief or vandalism, any of the perils usually in- 
sured against by marine insurance or risks of inland naviga- 
tion and transportation, and against loss or damage caused 
by the concealment, removal or unlawful disposition or con- 
version of such vehicles or aircraft by a conditional vendee 
or mortgagor or bailee in possession thereof. 

Fourth, (a) To guarantee the fidelity of persons in posi- 
tions of trust, private or public, (6) to act as surety on official 
bonds and for the performance of other obligations, (c) to 
guarantee or insure to the holders thereof the payment of the 
principal of, or interest on, bonds, notes "or other evidences 
of indebtedness and to insure against loss or damage arising 
from any default in the payment of such principal or interest, 
and (d) to insure a bank, banker, investment broker, banking 
association or corporation against any loss of bills of ex- 
change, notes, profits, bonds, securities, evidences of indebt- 
edness, deeds, mortgages, documents, currency or money, 
except against the loss thereof during marine transportation 
or while being transported by a common carrier. 

Fifth, To insure against loss or damage to any property of 
the insured, and against legal liability for loss or damage on 
account of the bodily injury or death of any person or any 
damage to property of another, caused by the breakage, 
explosion or rupture of, or any accidental injury to, steam 
boilers and pipes and containers connected therewith, any 
lighting, heating or cooking apparatus or their connections, 
flywheels, power wheels, and engines or other apparatus for 
applying or transmitting motive or electrical power, tanks or 
other receptacles under pressure, or their connections, or 
machinerj^ of any kind, and against loss of use and occupancy 
caused thereby; and against loss or damage caused by the 
interruption by any cause of electric current or of water or 
gas supply furnished by a public utility company or mu- 
nicipality. 

Sixth, To insure, (a) any person against bodily injury or 
death by accident, or (6) any person against legal liability for 
loss or damage on account of the bodily injurj'^ or death of 
anj'^ person or on account of any damage to property of 
another, except when caused by the rolling stock of railways, 
or (c) against loss or damage to, or loss of use of, motor 
vehicles except motor boats, airplanes, seaplanes, dirigibles 
or other aircraft, their fittings and contents, whether such 
vehicles or aircraft are being operated or not, and wherever 
the same may be, resulting from collision or accident, ex- 
cept loss or damage by fire or lightning or while being trans- 
ported in any conveyance by land or water; (d) to make 
insurance upon the health of individuals; or (e) to insure the 
payment of workmen's compensation benefits under chapter 
one hundred and fifty-two. 



Acts, 1928. — Chap. 106. 69 

Seventh, To insure against loss or damage caused by the Purposes of 
breakage of glass. ofTnXJnie" 

Eighth, To insure against loss or damage to any property companies. 
of the insured, and against legal liability for any loss or ^usinlsf. 
damage to the property of another, caused by the breakage 
of, or leakage of any fluid or substance from, sprinklers, 
pumps, water pipes, elevator tanks and cylinders, steam 
pipes and radiators, plumbing and its fixtures, heating, 
lighting or cooking apparatus or their connections, or con- 
duits or containers of any fluid; or against loss or damage 
resulting from accidental injury from other causes than fire, 
explosion, lightning, bombardment or windstorm, to such 
sprinklers, pumps, water pipes, elevator tanks and cylinders, 
steam pipes and radiators, plumbing and its fixtures, heating, _ 
lighting or cooking apparatus or their connections, or con- 
duits and containers; against loss or damage l,o any property 
of the insured, and against legal liability for loss or damage 
to the property of another, caused by water, hail, rain, sleet 
or snow seeping or entering through leaks or openings in 
buildings, or caused by the contents of any tank, or impact 
of any falling tank, platform or supports erected in or upon 
any building; and against loss of use and occupancy due to 
any of said causes. 

Ninth, To insure against loss or damage to any property 
caused by elevators, airplanes, seaplanes, dirigibles or other 
aircraft, motor or other vehicles, except motor boats and 
rolling stock of railways, and against loss of use and occu- 
pancy caused thereby. 

Tenth, To carry on the business commonly known as 
credit insurance or guaranty, either by agreeing to purchase 
uncollectible debts, or otherwise to insure against loss or 
damage from the failure of persons indebted to the insured 
to meet their liabilities. 

Eleventh, To examine titles of real and personal property, 
furnish information relative thereto, and insure owners and 
others interested therein against loss by reason of encum- 
brances, defective title or the insufficiency of any mortgage 
held or sold by the insurer as security for the amount secured 
by such mortgage, or against any other loss in connection 
with any such mortgage or any interest therein, and to buy 
and sell mortgages of real property and interests therein. 

Twelfth, To insure against property loss or damage by 
burglary, robbery, any larceny or theft, any breaking and 
entry or entry without breaking of any house, building, ship, 
vessel or railroad car, or any other criminal act; against loss 
or damage caused by the concealment, removal or unlawful 
disposition or conversion of property by a conditional vendee 
or mortgagor or bailee in possession; against loss or damage 
caused by forgery; and to make the insurance provided for 
in subdivision (d) of clause Fourth, as set forth therein. 

Thirteenth, To insure against loss or damage from the 
death from any cause of horses, Uve stock or domestic ani- 
mals, and to furnish veterinary service. 



70 



Acts, 1928. — Chap. 106. 



Purposes of 
incorporation 
of insurance 
companies. 
Kinds of 
business. 

G. L. 175, § 51, 
etc., amended. 



Kinds of busi- 
ness which may 
be combined by 
stock insurance 
companies. 



Domestic stock 
companies not 
permitted to 
combine certain 
classes of 
business. 
G. L. 175, § 54, 
etc., amended. 



Domestic mu- 
tual companies 
not permitted 
to combine 
certain classes 
of business. 
G. L. 175, new 
section after 
§ 22. 

Coverage under 
insurance 
policies. 



Approviil by 

commissioner, 

etc. 



Fourteenth, To transact outside of the territorial limits 
of the United States any and all forms of insurance. 

Fifteenth, To reinsure risks of every kind or description 
undertaken by other companies. 

Section 2. Section fifty-one of said chapter one hundred 
and seventy-five, as amended by section two of chapter 
thirty-nine of the acts of nineteen hundred and twenty-three, 
by section one of chapter two hundred and ninety-eight and 
by section five of chapter four hundred and fifty, both of the 
acts of nineteen hundred and twenty-four, and by section 
two of chapter fifty-three of the acts of nineteen hundred 
and twenty-seven, is hereby amended by striking out clause 
(a) and inserting in place thereof the following: — 

(a) The first and second, if authorized to transact either, 
provided it has a paid-up capital of not less than four hun- 
dred thousand dollars, or the first and second excepting ocean 
marine insurance, if authorized to transact either, provided 
it has a paid-up capital of not less than three hundred thou- 
sand dollars, or subdivision (d) of the second clause, if au- 
thorized to transact the first, — 

And also by adding at the end of the section the following 
new paragraph: — 

Nothing in this section shall permit any domestic stock 
company to combine classes of business which may not be 
combined under section forty-eight. 

Section 3. Section fifty-four of said chapter one hundred 
and seventy-five, as amended by chapter one hundred and 
fifty-three of the acts of nineteen hundred and twenty-three, 
by section two of chapter two hundred and ninety-eight and 
by section six of chapter four hundred and fifty, both of the 
acts of nineteen hundred and twenty-four, by section five 
of chapter two hundred and sixty-seven of the acts of nine- 
teen hundred and twenty-five and by section eight of chapter 
two hundred and eighty-four of the acts of nineteen hundred 
and twenty-seven, is hereby further amended by adding at 
the end thereof the following new paragraph: — 

Nothing in this section shall permit any domestic mutual 
company to combine classes of business which may not be 
combined under section forty-eight A. 

Section 4. Said chapter one hundred and seventy-five 
is hereby further amended by inserting after section twenty- 
two the following new section: — Sectioji 22 A. No com- 
pany shall issue any policy of insurance which provides 
coverage against loss or damage caused by hazards specified 
in more than one of the clauses of section forty-seven, until 
a copy of the form of the policy has been on file for thirty 
days with the commissioner, unless before the expiration of 
said thirty days he shall have approved the form of the policy 
in writing; nor if the commissioner notifies the company in 
writing within said thirty days that the form of the policy 
does not comply with the laws of the commonwealth, specify- 
ing his reasons therefor, provided that the opinion of the 



Acts, 1928. — Chap. 107. 71 

commissioner shall bo subject to review by the supreme 
judicial court; but nothing in this section shall permit the Coverage 
incorporation in the standard fire policy, prescribed by Sam"te'r^ ^'^ 
section ninety-nine, of coverage against loss or damage by certain hiizards, 
any of the hazards specified in any of the clauses of said ^''^ ' p'^"'*''"**'^- 
section forty-seven other than the first, or permit the incor- 
poration in any policy issued under section one hundred and 
two A, one hundred and eleven A or one hundred and seven- 
teen A or any policy subject to section one hundred and 
eight or one hundred and thirteen A, of any coverage not 
otherwise permitted by this chapter to be incorporated 
therein. 

Section 5. Section fiftj^-two of said chapter one hundred Repeal, 
and seventy-five is hereby repealed. 

Section 6. Section one hundred and fifty-two of said ^c^amended^' 
chapter one hundred and seventy-five, as amended by section 
eleven of chapter four hundred and six of the acts of nineteen 
hundred and twenty-four and by section thirteen of chapter 
two hundred and sixty-seven of the acts of nineteen hundred 
and twenty-five, is hereby further amended by striking out 
the last sentence. Approved March 8, 1928. 



An Act authorizing the city op woburn to borrow fhn^ iny 

MONEY FOR SCHOOL PURPOSES. ' ^' 

Be it enacted, etc., as follows: 

Section 1. For the purpose of constructing a new city of 
school building and/or additions to existing school buildings bwrow"i^ney 
where such additions increase the floor space of said build- for school 
ings, and for originally equipping and furnishing said build- ^"'^^°^^^' 
ings or additions, and/or for remodelling the present high 
school building, the city of Woburn may borrow from time 
to time, within a period of five years from the passage of 
this act, 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, Woburn School Loan, Act of 1928. Each authorized '^°^^''^ ^''^°°' 
issue shall constitute a separate loan, and such loans shall be im' 
paid in not more than fifteen years from their dates, but no 
issue shall be authorized under this act unless a sum equal 
to an amount not less than ten per cent of such authorized 
issue is voted for the same purpose to be raised by the tax 
levy of the year when authorized. 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, exclusive of the proviso inserted in 
section seven of said chapter by chapter three hundred and 
thirty-eight of the acts of nineteen hundred and twenty- 
three. 

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

Approved March 9, 1928. 



72 



Acts, 1928. — Chaps. 108, 109. 



Chap. 108 An Act authorizing the city of lynn to borrow money 

FOR SENIOR HIGH SCHOOL PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of acquiring land for and/or 
constructing an eastern senior high school building and of 
original^ equipping and furnishing said building, the city 
of Lynn may borrow from time to time, within five years 
from the passage of this act, such sums as may be necessary, 
not exceeding in the aggregate eight hundred thousand 
dollars, and may issue bonds or notes therefor which shall 
bear on their face the words, Lynn Eastern Senior High 
School Loan, Act of 1928. Each authorized issue shall con- 
stitute a separate loan and such loans shall be paid in not 
more than fifteen years from their date, but no issue shall 
be authorized under this act unless a sum equal to an amount 
not less than ten per cent of such authorized issue is voted 
for the same purpose to be raised by the tax levy of the 
year when authorized. 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, exclusive of the proviso inserted in section 
seven of said chapter by chapter three hundred and thirty- 
eight of the acts of nineteen hundred and twenty-three. 

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

Approved March 9, 1928. 



City of Lynn 
may borrow 
money for 
senior high 
school purposes. 



Lynn Eastern 
Senior High 
School Loan, 
Act of 1928. 



Chap. 109 An Act authorizing the city of lynn to borrow money 

for school purposes. 



Be it enacted, etc., as follows: 



City of Lynn 
may borrow 
money for 



Section 1. For the purpose of constructing elementary 
and/or junior high school buildings, and/or additions to 
school purposes, gristing school buildings where such additions increase the 
floor space of said buildings, and originally equipping and 
furnishing such new buildings or additions, and/or for ac- 
quiring land for school purposes, the city of Lynn may 
borrow from time to time, within a period of five years, such 
sums as may be necessary, not exceeding in the aggregate, 
nine hundred thousand dollars, and may issue bonds or notes 
therefor, which shall bear on their face the words, Lynn 
School Loan, Act of 1928. Each authorized issue shall 
constitute a separate loan, and such loans shall be paid in 
not more than fifteen years from their dates, but no issue 
shall be authorized under this act unless a sum equal to an 
amount not less than ten i^er cent of such authorized issue is 
voted for the same purpose to be raised by the tax levy of 
the year when authorized. One third of the 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, exclusive of the 
proviso inserted in section seven of said chapter by chapter 



Lynn School 
Loan, Act of 
1928. 



Acts, 1928. — Chaps. 110, 111. 73 

three hundred and thirty-eight of the acts of nineteen 
hundred and twenty-three. 

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

Approved March 9, 1928. 

An Act authorizing the county of Bristol to borrow QIiqj) hq 
money for the purpose of constructing a barn at 
the bristol county tuberculosis hospital at attle- 

BORO. 

Be it enacted, etc., as follows: 

Section 1 The county commissioners of the county of ^""^^1 ToT*^ 
Bristol, acting as the trustees of the Bristol county tuber- may expend a 
culosis hospital, may expend a sum not exceeding twenty con^ftructonof 
thousand dollars for the purpose of constructing and originally countv\ube^' 
equipping a barn at said hospital. cuiosis hospital. 

Section 2. For the purpose aforesaid, the said county May borrow 
commissioners may borrow on the credit of the county and ^u^ty aiTd 
issue bonds or notes of the county therefor to an amount ^^^"^ ''°'^^^' 
not exceeding twenty thousand dollars. Such bonds or notes 
shall be payable by such annual payments, beginning not 
more than one year from the date thereof, as will extinguish 
each loan within five 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 bonds or notes shall be signed by the county 
treasurer and countersigned by a majority of the county 
commissioners. Each authorized issue shall constitute a 
separate loan. All sums necessary to meet interest pay- 
ments on said bonds or notes and payments on account of 
principal as the same mature, and all cost of maintenance of 
said barn when acquired and equipped, shall be assessed 
upon the towns and cities of said county that constitute the 
hospital district in accordance with section eighty-five of 
chapter one hundred and eleven of the General Laws. 

Section 3. This act shall take effect upon its acceptance, Submission to 
during the current year, by the county commissioners of said TOmmissi'oTers, 
county, but not otherwise. For the purposes of such ac- ®*''- 
ceptance only, it shall take effect upon its passage. 

Approved March 9, 1928. 

An Act relative to the taxation of real estate of a (7/iax).lll 

MUNICIPALITY USED OR OCCUPIED FOR OTHER THAN A 
PUBLIC PURPOSE. 

Be it enacted, etc., as follows: 

Section 1. Chapter fifty-nine of the General Laws is g. l. 59. 
hereby amended by inserting after section three the follow- rftlrTs*""* 
ing new section: — Section 3 A. Real estate owned by or Real estate of 
held in trust for the benefit of a city or town, if used or usTd'for orhe^ 
occupied for other than public purposes, shall be taxed to than a public 
the lessee or lessees thereof, or their assigns, or to the occu- how taxed. 
pant or person in possession thereof, in the same manner and 



74 



Acts, 1928. — Chaps. 112, 113. 



Applicable to 
real estate 
acquired by 
will, etc., and 
held in trust 
by municipal- 
ity for public 
charitable 
purposes. 

Payment not 
to be enforced 
by lien, etc. 



When operative. 



to the same extent as if the said lessee or lessees or their 
assigns or the occupant or person in possession were the 
owners thereof in fee, free of any trust. This section shall 
apply to real estate which shall have been acquired by virtue 
of the provisions of a will or deed, and held by any city or 
town in trust for public charitable purposes, whether or not 
the same is subject to a duly recorded lease which provides 
that the lessee shall assume or pay all taxes assessed thereon. 
Payment of the aforesaid taxes shall not be enforced by any 
lien upon or sale of the said real estate but in the case of any 
leasehold subject to taxation as aforesaid the interest of the 
lessee or lessees or their assigns therein may be sold by the 
collector of taxes of such city or town for the nonpayment 
of the tax assessed as aforesaid in the manner provided by 
law for the sale of real estate for nonpayment of local taxes. 
Said collectors shall have for the collection of taxes assessed 
under this section all other remedies provided by chapter 
sixty for the collection of taxes by collectors of cities and 
towns. 

Section 2. This act shall be operative as of the thirty- 
first day of March in the current year. 

Approved March 9, 1928. 



Chap. W2 An Act authorizing the new England deaconess associ- 
ation TO HOLD ADDITIONAL PROPERTY. 



New England 
Deaconess Asso- 
ciation may 
hold additional 
property. 



Be it enacted, etc., as follows: 

New England Deaconess Association, a corporation in- 
corporated under general law November first, eighteen hun- 
dred and eighty-nine under the name of New England 
Deaconess Home and Training School, whose powers were 
extended by chapter two hundred and four of the acts of 
eighteen hundred and ninety-three and whose name was 
changed to its present name by chapter two hundred and 
twenty of the acts of nineteen hundred and one, may take 
and hold real and personal property to an amount not ex- 
ceeding five million dollars, anything in the charter of the 
said corporation or in any law of the commonwealth to the 
contrary notwithstanding. Approved March 9, 1928. 



C/iap. 113 An Act relative to the taking of scallops by hand 

FOR FOOD FOR PERSONAL OR FAMILY USE. 



G. L. 130, § 80, 
amended. 

Scallops not to 
be taken 
between April 
first and 
October first, 
except, etc. 

Not applicable 
in certain cases. 



Be it enacted, etc., as follows: 

Section 1. Chapter one hundred and thirty of the Gen- 
eral Laws is hereby amended by striking out section eighty 
and inserting in place thereof the following: — Section 80. 
Except as provided in sections sevent3^-nine and eighty-two, 
no person shall take scallops between April first and October 
first from the flats or waters of the commonwealth, or buy 
or sell or have in possession scallops so taken; but this sec- 
tion shall not apply to the taking of scallops for bait in the 
waters adjacent to the town of Nantucket from April first 



Acts, 1928. — Chap. 114. 75 

to May fifteenth, inclusive, nor shall it apply to the taking 
of scallops by hand for food for his own personal or family 
use by a person who holds a permit from the aldermen or 
selectmen of the city or town wherein taken authorizing him 
to take scallops in such manner and for such use. 

Section 2. Section eighty-four of said chapter one hun- g. l. i3o, § 84, 
dred and thirt}^ is hereby amended by striking out, in the '''"^"'^^'*- 
eighth and ninth lines, the words "and the shellfish above 
named" and inserting in place thereof the following: — , 
clams, quahaugs, razor fish, and, from October first to the 
following April first, both dates inclusive, scallops, — so as 
to read as follows: — Section 84. The aldermen or select- ^fli^^gf "„, *°^^" 
men, if so instructed by their cities or towns, may, except regulate the 
as provided in sections seventy-nine to eighty-three, in- tahi'"fi3hf etc' 
elusive, control, regulate or prohibit the taking of eels, clams, 
quahaugs, razor fish, so called, and scallops within the same; 
and may grant permits prescribing the times and methods of 
taking eels and such shellfish within such cities and towns 
and make such other regulations in regard to said fisheries 
as they deem expedient. But an inhabitant of the common- 
wealth, without such permit, may take eels, clams, quahaugs, 
razor fish, and, from October first to the following April 
first, both dates inclusive, scallops, for his own family use 
from the waters of his own or any other city or town, and 
may take from the waters of his own city or town any of 
such shellfish for bait, not exceeding three bushels, including 
shells, in any one day, subject to the general rules of the 
aldermen and selectmen, respectively, as to the times and 
methods of taking such fish; provided, that no person shall Proviso. 
take scallops exceeding in quantity three bushels in any one 
week from the waters of any city or town by dredging with- 
out first obtaining a written permit from the aldermen or 
selectmen of such city or town. This section shall not au- 
thorize the taking of fish in violation of the provisions of 
sections forty-four and forty-five of chapter ninety-one of 
the Revised Laws. Whoever takes any eels or any of said Penalty, 
shellfish without such permit, and in violation of any pro- 
vision of this section, shall be punished by a fine of not less 
than three nor more than fifty dollars. This section shall no^t^'l^^vy- 
not affect section one of chapter two hundred and fifty-five 
of the acts of eighteen hundred and ninety-three. 

Approved March 9, 1928. 

An Act authorizing the waltham hospital to hold (JJidy 114 

ADDITIONAL REAL AND PERSONAL ESTATE. 

Be it enacted, etc., as follows: 

The Waltham Hospital, incorporated by chapter eighty- waitham Hoa- 
nine of the acts of eighteen hundred and eighty-five, is hereby additional r^f 
authorized, for the purposes set forth in its charter, to hold and personal 
real and personal estate of a value which, together with that 
heretofore authorized by law, shall not exceed in the aggre- 
gate two milHon dollars. Approved March 9, 1928. 



76 



Acts, 1928. — Chaps. 115, 116, 117. 



Chap. 115 An Act to provide a penalty for the evasion of the 

PAYMENT OF A FARE ON MOTOR VEHICLES OF COMMON 
CARRIERS OF PASSENGERS. 

Be it enacted, etc., as follows: 

Chapter one hundred and fifty-nine of the General Laws 
is hereby amended by inserting after section forty-nine the 
following new section: — ■ Section 4^ A. Whoever fraudu- 
lently evades or attempts to evade the payment of a fare 
lawfully established by a common carrier of passengers by 
motor vehicle duly licensed under section forty-five and 
holding a certificate under section forty-eight A, either by 
giving a false answer to the collector of the fare, or by travel- 
ing beyond the point to which he has paid the same, or by 
leaving the motor vehicle without having paid the fare law- 
fully established for the distance traveled, or otherwise, shall 
forfeit not less than five nor more than twenty dollars. Who- 
ever does not upon demand first pay such fare shall not be 
entitled to be transported for any distance, and may be 
ejected from such a motor vehicle. 

Approved March 13, 1928. 



G. L. 159. 
new section 
after § 49. 
Penalty for 
evasion of 
payment of a 
fare on motor 
vehicles of 
common 
carriers of 
passengers. 



Ejection for 
failure to pay 
upon first 
demand. 



C/iap. 116 An Act relative to the corporate powers of the east 

BOSTON COMPANY. 



1909, 520, § 2, 
amended. 

East Boston 
Company, cor- 
porate powers. 



Be it enacted, etc., as follows: 

Chapter five hundred and twenty of the acts of nineteen 
hundred and nine is hereby amended by striking out section 
two and inserting in place thereof the following: — Section 
2. In addition to its corporate powers and privileges, as 
now existing under its charter and any amendments thereto, 
said corporation shall have and exercise ail the powers and 
privileges and be subject to all the duties and liabilities of 
domestic business corporations as provided in chapters one 
hundred and fifty-five and one hundred and fifty-six of the 
General Laws. Approved March 13, 1928. 



Chap. Ill An Act authorizing the st. jean baptiste society of 

NORTH ADAMS TO HOLD REAL ESTATE. 



The St. Jean 
Baptiste Soci- 
ety of North 
Adams may 
hold real estate. 



To be used 
for corporate 
purposes. 



Be it enacted, etc., as follows: 

The corporation known as The St. Jean Baptiste Society 
of North Adams, situated in the city of North Adams and 
incorporated under general law, is hereby authorized to ac- 
quire by purchase, gift, grant or devise, and to hold, manage, 
mortgage, lease and otherwise dispose of, real estate to an 
amount not exceeding sixty thousand dollars. All of said 
property and the income derived therefrom shall be used for 
the purposes of the said society as set forth in its charter or 
certificate of incorporation. Approved March 13, 1928. 



Acts, 1928. — Chaps. 118, 119, 120. 77 



An Act enlarging the purposes of the boston medical Chap. US 

LIBRARY. 

Be it enacted, etc., as follows: 

Boston ]\Iedical Library, a corporation incorporated under Boston Medical 
general law May seventh, eighteen hundred and seventy- pialsTn'ifrged. 
seven under the name of Boston Medical Library Associa- 
tion, the name of which was changed under general law to 
its present name May fourth, eighteen hundred and ninety- 
six, shall have, so far as the same may be additional to its 
present purposes, the following purposes, to wit : — promot- 
ing and advancing medical science and medical education. 

Approved March 13, 1928. 



An Act reviving the marketmen's relief association. Chav.W.^ 

Be it enacted, etc., as follows: 

The Marketmen's Relief Association, a corporation dis- The Market- 
solved by chapter one hundred and fifty-seven of the Special AsMcia^klif^ 
Acts of nineteen hundred and seventeen, is hereby revived revived, 
with the same powers, duties and obligations as if said chapter 
had not been passed; and all acts and proceedings of the 
officers, directors and members of said corporation acting as 
such which would be legal and vaHd but for the passage of 
said chapter are hereby ratified and confirmed. 

Approved March 13, 192S. 

An Act establishing the time within which orders, (JJiar) 120 

PLANS and estimates RELATIVE TO THE LAYING OUT, 
ALTERATION OR RELOCATION OF TOWN WAYS AND PRIVATE 
WAYS SHALL BE RECORDED IN REGISTRIES OF DEEDS IN 
RELATION TO BETTERMENT ASSESSMENTS. 

Be it enacted, etc., as follows: 

Section two of chapter eighty of the General Laws is hereby g. l. so, § 2, 
amended by inserting after the word "order" in the ninth ^™®'><*«<*- 
line the words: — , or from the acceptance by a town of the 
laying out, relocation or alteration of a way in case such 
acceptance is required before the establishment thereof, — 
so as to read as follows : — Section 2. An order under section Orders, plana 
one which states that betterments are to be assessed for the reiftfve to^*^^ 
improvement shall contain a description sufficiently accurate ^f^^^ln "nd^**' ' 
for identification of the area which it is expected will receive private ways, 
benefit or advantage, other than the general advantage to in^in^regl^rii'a 
the community, from such improvement, and shall refer to °f 'leeds, etc. 
a plan of such area, and shall contain an estimate of the 
betterments that will be assessed upon each parcel of land 
within such area; and such order, plan and estimate shall 
be recorded, within thirty days from the adoption of the 
order, or from the acceptance by a town of the laying out. 



78 



Acts, 1928. — Chaps. 121, 122. 



relocation or alteration of a way in case such acceptance is 
required before the establishment thereof, in the registry of 
deeds of every county or district in which the benefited area 
is situated. No betterments shall be assessed for such im- 
provement unless the order, plan and estimate are recorded 
as herein provided, nor upon any parcel of land not within 
such area, nor for a greater amount than such estimate. 

Approved March IS, 1928. 



Cha'p.\21 An Act relative to expenditures by the town of wake- 
field FOR MUNICIPAL ADVERTISING PURPOSES. 



Town of 
Wakefield may 
annually appro- 
priate a certain 
sum for munic- 
ipal advertising 
purposes. 
Proviso. 



To be expended 
under direction 
of board of 
selectmen. 



Submission to 
voters, etc. 



Be it enacted, etc., as follows: 

Section 1. The town of Wakefield may annually appro- 
priate a sum not exceeding one thousand dollars for the pur- 
pose of advertising the advantages of the town, with special 
reference to its facilities for industrial and residential pur- 
poses; provided, however, that as to each such appropriation 
a sum equal to the amount thereof shall previously have been 
raised by public subscription and paid into the town treasury 
to be expended for the aforesaid advertising purpose. The 
money so appropriated by the town and so raised by sub- 
scription shall be expended under the direction of the board 
of selectmen. 

Section 2. This act shall take effect upon its acceptance 
by a majority of the voters of the town of Wakefield present 
and voting thereon at any special or regular town meeting; 
and for the purpose only of being submitted to the voters of 
said town as aforesaid this act shall take effect upon its 
passage. Approved March 13, 1928. 



ChaV'^'^'^ An Act relative to the obstruction of harbors by the 

GROUNDING OF VESSELS AND OTHER FLOATING STRUCTURES. 

Be it enacted, etc., as follows: 

Chapter ninety-one of the General Laws is hereby amended 
by striking out section forty-nine and inserting in place 
thereof the following : — Section 49. Whoever intentionally 
grounds any vessel, scow, lighter or similar floating structure 
within the limits of any harbor of the commonwealth or 
permits other persons so to do shall be punished by a fine of 
not less than fifty nor more than five hundred dollars. Who- 
ever fails to obtain the hcense required by section forty-seven, 
before beginning the work of breaking up or altering any 
vessel, scow, lighter or similar floating structure, as described 
in section forty-six, shall be subject to a penalty of not less 
than five dollars nor more than five hundred dollars to the use 
of the commonwealth, to be recovered by an information in 
equity brought by the attorney general, at the relation of 
the state treasurer, in the supreme judicial court. 

Approved March 13, 1928. 



G. L. 91, § 49. 
amended. 

Penalty for 
intentionally 
grounding 
vessel, etc., 
within limits 
of any harbor 
of common- 
wealth. 
Penalty for 
failure to 
obtain license 
before breaking 
up certain 
floating 
structures. 



Acts, 1928. — Chaps. 123, 124. 79 



An Act authorizing the town of ayer to borrow money Qhav 123 

FOR school purposes. ^' 

Be it enacted, etc., as follows: 

Section 1. For the purpose of acquiring land for a Town of Ayer 
school building, and/or constructing and originally equipping money^fOT^' 
and furnishing such a building, the town of Ayer may borrow, school purposes, 
from time to time within a period of five j^ears from the 
passage of this act, such sums as may be necessary, not ex- 
ceeding, in the aggregate, seventy-five thousand dollars, and 
may issue bonds or notes therefor, which shall bear on their 
face the words, Ayer School Loan, Act of 1928. Each au- Ayer School 
thorized issue shall constitute a separate loan, and such loans 1928?'^*'*^°* 
shall be paid in not more than fifteen years from their dates, 
but no issue shall be authorized under this act unless a sum 
equal to an amount not less than ten per cent of such au- 
thorized issue is voted for the same purpose to be raised by 
the tax levy of the 3'ear when authorized. 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, exclusive of the 
proviso inserted in section seven of said chapter by chapter 
three hundred and thirtj^-eight of the acts of nineteen hundred 
and twenty-three. 

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

Approved March 16, 1928. 



An Act authorizing the metropolitan district commis- (Jhn^ 1 94 

SION AND THE WINCHESTER WATER AND SEWERAGE BOARD ^' 

TO DISCHARGE SEWAGE INTO THE ABERJONA RIVER AND THE 
mystic lakes in times of emergency PRIOR TO THE 
END OF THE YEAR NINETEEN HUNDRED AND THIRTY. 

Be it enacted, etc., as follows: 

Upon notice to the commissioner of public health by the Metropolitan 
metropolitan district commission or by the Winchester water commission 
and sewerage board of any surcharging of sewers in the town and Winchester 
of Winchester or of the existence of other conditions likely sewerage board 
to cause backing up of the sewage into cellars or likely ^waglinto"^^^ 
otherwise to create a menace to the public health in said Aberjona river 

. . , . • T Ti. t • ±- J.- 1 and Mystic 

town, said commissioner, it, after such investigation as he lakes in times 
deems necessary, he finds that an emergency exists and duri^^y^rs^ 
that the protection of the public health so requires, may in js^s, 1929 and 
writing authorize the discharge of sewage from the sewers 
under the control of said commission or of said town, as the 
case may be, into the Aberjona river or the Mystic lakes for 
such period or periods of time as he deems advisable during 
the years nineteen hundred and twenty-eight, nineteen hun- 
dred and twenty-nine and nineteen hundred and thirty only. 
Such discharge of sewage may be made in accordance with 
such written authorization and if so made shall not be deemed 



80 



Acts, 1928. — Chap. 125. 



a violation of the provisions of chapter two hundred and 
ninety-one of the acts of nineteen hundred and eleven or, 
except during the period covered by any such authorization 
and to the extent so authorized, as rescinding or affecting 
any order of the department of public health made under 
authority of said chapter. Approved March 16, 1928. 



Chap. 125 An Act relating to liquor nuisances. 

Be it enacted, etc., as follows: 



G. L. 139, new 
section after 
§16. 

Abatement 
by superior 
court of use of 
buildings, etc., 
as a common 
nuisance, etc. 



Chapter one hundred and thirty-nine of the General Laws 
is hereby amended by inserting after section sixteen the fol- 
lowing new section: — Section 16 A. Upon a bill in equity 
brought in the name of the commonwealth by the attorney 
general, or district attqrney for the district, or the chief of 
police, or the board or officer having control of the police of 
the state, or of a town or city, or by not less than ten legal 
voters of a town or city, in their own names, stating that a 
building, place or tenement situated therein is being used for 
the illegal keeping, sale or manufacture of intoxicating liquors, 
the superior court may abate the same as a common nuisance 
and may enjoin the person conducting or maintaining the 
same, and the owner, lessee or agent of the building, place or 
tenement in or upon which said nuisance exists, and their 
grantees or assignees, from directly or indirectly maintaining 
or permitting such nuisance, and, subject to the provisions 
hereinafter contained, may order the effectual closing of such 
building, place or tenement, and the prohibition of its use 
for any purpose for one year thereafter. Proceedings under 
this section shall be in the manner provided in sections seven 
to twelve, inclusive, except that the provisions of section nine 
regulating the closing of a building, place or tenement and 
the prohibition of its use for any purpose for one year be- 
cause of the maintenance of such a nuisance shall not apply, 
and in lieu thereof the court may include in its decree an order 
co°nv?ltionretc. for such closiug and prohibition, if it appears that prior 
thereto and within the preceding three years there shall have 
been three convictions for the illegal sale, or keeping, or 
manufacture of intoxicating liquors in or upon the premises 
on which such building, place or tenement is situated, or three 
decrees for a permanent injunction enjoining the mainte- 
Posting of copy naucc of such a nuisance. A decree for a permanent injunc- 
tion or abatement shall include an order that a copy thereof 
shall be posted in a conspicuous place on the building, place 
or tenement affected thereby, on or near one or more of its 
principal entrances and that the removal, defacement, era- 
sure or mutilation of a copy so posted shall be contempt of 
court. In addition to such posting, a copy of the decree shall 
be delivered in hand to the person in charge of such building, 
place or tenement if he may be found upon the premises or 
to anyone residing therein, and if the decree includes an order 
for the effectual closing of said building, place or tenement 
and the prohibition of its use for any purpose for one year, a 



Manner of 
proceedings, 
etc. 

Certain pro- 
visions of § 9 
not to apply. 



Decree for 
closing if three 



of decree for 
permanent 
injunction, etc 



Removal, etc., 
to constitute 
contempt of 
court. 
Delivery of 
copy of decree, 
etc. 

Recording in 
registry of 
deeds, etc. 



Acts, 1928. — Chaps. 126, 127. 81 

cop3' shall be filed forthwith for record in the registry of deeds 
for the county and registry district within which such build- 
ing, place or tenement is situated. The provisions of section section is 
thirteen shall apply to all persons found in or upon premises p^reon'ffound 
used for the illegal sale, or keeping, or manufacture of in- on premises, etc. 
toxicating liquors. Approved March 16, 1928. 

An Act relative to the powers of the general electric fUr.jj i ofi 

MUTUAL BENEFIT ASSOCIATION. ^ ' 



by-laws ot saicl association. /ipprovea iviarcn id, itrzcrr 



An Act making appropriations for the maintenance of fh^jy lo? 

DEPARTMENTS, BOARDS, COiMMISSIONS, INSTITUTIONS AND ^' 

CERTAIN ACTIVITIES OF THE COMMONWEALTH, FOR INTER- 
EST, 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 
departments, boards, commissions and institutions, of sundry na'n^^o? 1^ 
other services, and for certain permanent improvements, and fo^/ interest ,^*^*^' 
to meet certain requirements of law, the sums set forth in ^^^Y^^^ ^^""^ 
section two, for the several purposes and subject to the con- requirements, 
ditions therein specified, are hereby appropriated from the fmproveme*nt3. 
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 pubhc funds and the 
approval thereof, for the fiscal year ending November 
thirtieth, nineteen hundred and twenty-eight, or for such 
other period as may be specified. 

Section 2. 

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 exceerling fifty-nine hundred dollars . . 5,900 00 

3 For the compensation of representatives, the sum of 

three hundred fifty-seven thousand dollars . 357,000 00 

4 For the compensation for travel of representatives, 

a sum not exceeding thirty-six thousand dollars . 36,000 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 ten thousand dollars 10,000 00 



80 



Acts, 1928. — Chap. 125. 



a violation of the provisions of chapter two hundred and 
ninety-one of the acts of nineteen hundred and eleven or, 
except during the period covered by any such authorization 
and to the extent so authorized, as rescinding or affecting 
any order of the department of public health made under 
authority of said chapter. Approved March 16, 1928. 

Chap.125 An Act relating to liquor nuisances. 

Be it enacted, etc., as follows: 

G. L. 139, new Chfl.nter nnp Viiir>rlfr»/^ ^^^ AU:_i. ' ,...'- 



S— Sn «ea Marc. 20, mS, but not eon.- 
P'"*"*- See page 676. 



Manner of 
proceedings, 
etc. 

Certain pro- 
visions of § 9 
not to apply. 



Decree for 
closing if three 
convictions, etc. 



Posting of copy 
of decree for 
permanent 
injunction, etc. 



Removal, etc., 
to constitute 
contempt of 
court. 
Delivery of 
copy of decree, 
etc. 

Recording in 
registry of 
deeds, etc. 



^ . >, ...^j «,ua.uc tilt; same as a common nuisance 

and may enjoin the person conducting or maintaining the 
same, and the owner, lessee or agent of the building, place or 
tenement in or upon which said nuisance exists, and their 
grantees or assignees, from directly or indirectly maintaining 
or permitting such nuisance, and, subject to the provisions 
hereinafter contained, may order the effectual closing of such 
building, place or tenement, and the prohibition of its use 
for any purpose for one year thereafter. Proceedings under 
this section shall be in the manner provided in sections seven 
to twelve, inclusive, except that the provisions of section nine 
regulating the closing of a building, place or tenement and 
the prohibition of its use for any purpose for one year be- 
cause of the maintenance of such a nuisance shall not apply, 
and in lieu thereof the court may include in its decree an order 
for such closing and prohibition, if it appears that prior 
thereto and within the preceding three years there shall have 
been three convictions for the illegal sale, or keeping, or 
manufacture of intoxicating liquors in or upon the premises 
on which such building, place or tenement is situated, or three 
decrees for a permanent injunction enjoining the mainte- 
nance of such a nuisance. A decree for a permanent injunc- 
tion or abatement shall include an order that a copy thereof 
shall be posted in a conspicuous place on the building, place 
or tenement affected thereby, on or near one or more of its 
principal entrances and that the removal, defacement, era- 
sure or mutilation of a copy so posted shall be contempt of 
court. In addition to such posting, a copy of the decree shall 
be delivered in hand to the person in charge of such building, 
place or tenement if he may be found upon the premises or 
to anyone residing therein, and if the decree includes an order 
for the effectual closing of said building, place or tenement 
and the prohibition of its use for any purpose for one year, a 



Acts, 1928. — Chaps. 126, 127. 81 

copy shall be filed forthwith for record in the registry of deeds 
for the county and registry district within which such build- 
ing, place or tenement is situated. The provisions of section section 1,3 
thirteen shall apply to all persons found in or upon premises p^^'^rfg^'found 
used for the illegal sale, or keeping, or manufacture of in- on premises, etc. 
toxicating liquors. Approved Maixh 16, 1938. 

An Act relative to the powers of the general electric fUrijy 1 ofi 

MUTUAL benefit ASSOCIATION. ^ ' 

Be it enaeted, etc., asfoUotcs: 

Chapter one hundred and fifty-one of the acts of nineteen 1920, 151, new 
hundred and twenty is hereby amended by adding the fol- «®'=*^'°"- 
lowing section: — Section 3. In addition to the relief and general 

, ^, -iiri i-i •! 'J* t/lectric Mutual 

benefits provided for by section two, said association may pay Benefit asso- 
for the hospital care of a disabled member requiring and re- pa^y'fo"'"''^ 
ceiving such care not more than three dollars for each day, hospital care 

T , , 1 • ,1 J- of disabled 

not exceeding twenty-one days in any twelve consecutive members, etc. 
months, that such member is in a hospital, subject, however, 
to such conditions and limitations as may be fixed by the 
by-laws of said association. Approved March 16, 1928. 

An Act making appropriations for the maintenance of nhnj) lo? 
departments, boards, commissions, institutions and "' 

certain activities of the commonwealth, for inter- 
est, 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 
departments, boards, commissions and institutions, of sundry, nancfof de- 
other services, and for certain permanent improvements, and foTi^tlreft,^*^'' ' 
to meet certain requirements of law, the sums set forth in ^'"^^^J"^ ^1*°'^ 
section two, for the several purposes and subject to the con- requirements, 
ditions therein specified, are hereby appropriated from the fmprovement". 
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 pubhc funds and the 
approval thereof, for the fiscal year ending November 
thirtieth, nineteen hundred and twenty-eight, or for such 
other period as may be specified. 

Section 2. 

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-nine hundred dollars . . 5,900 00 

3 For the compensation of representatives, the sum of 

three hundred fifty-seven thousand dollars . 357,000 00 

4 For the compensation for travel of representatives, 

a sum not exceeding thirty-six thousand dollars . 36,000 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 ten thousand dollars 10,000 00 



82 Acts, 1928. — Chap. 127. 

Item 
Legislative g For the Salaries of Irving N. Hayden, assistant clerk 

Department. ^j ^.j^^ Senate, and Frank E. Bridgman, assistant 

clerk of the house of representatives, the sum of 
seventy-five hundred dollars . . . . • $7,500 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 
thirty-seven hundred dollars .... 3,700 00 

9 For the salary of the sergeant-at-arms, a sum not 

exceeding thirty-seven hundred dollars . . 3,700 00 

10 For clerical assistance, office of the sergeant-at-arms, 

a sum not exceeding forty-nine hundred and 

twenty dollars 4,920 00 

11 For the compensation for travel of doorkeepers, 

assistant doorkeepers, messengers, pages and other 
employees of the sergeant-at-arms, authorized by 
law to receive the same, a sum not exceeding sixty- 
three hundred and seventy-five dollars . . 6,375 00 

12 For the salaries of the doorkeepers of the senate and 

house of representatives, and the postmaster, 
with the approval of the sergeant-at-arms, a sum 
not exceeding seventy-five hundred dollars . 7,500 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-five thousand six hundred 
dollars 45,600 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 eighty- 
four hundred and fifty dollars .... 8,450 00 

15 For the salaries of clerks employed in the legislative 

document room, a sum not exceeding fifty-two 

hundred and fifty dollars .... 5,250 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 
three thousand dollars . . . . . 3,000 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 thirteen thou- 
sand three hundred and fifty dollars . . . 13,350 00 

19 For personal services of the counsel to the house of 

representatives and assistants, a sum not e.xceed- 
ing thirteen thousand nine hundred and fifty 
dollars . . 13,950 00 

20 For clerical and other assistance of the senate com- 

mittee on rules, a sum not exceeding four thou- 
sand dollars .... . . 4,000 00 

21 For clerical and other assistance of the house com- 

mittee on rules, a sum not exceeding four thou- 
sand dollars 4,000 00 

22 For authorized traveling and other expenses of the 

committees of the j^resent general court, with the 
approval of a majority of the committee incurring 
the same, a sum not exceeding three thousand 
dollars 3,000 00 



Acts, 1928. — Chap. 127. 



83 



Item 
23 



24 



25 



26 



27 

28 



29 



30 



For expenses of advertising hearings of the com- 
mittees of the present general court, including 
expenses of preparing and mailing advertisements 
to the various newspapers, with the approval of 
the comptroller of the commonwealth, a sum not 
exceeding one hundred dollars .... 

For printing, binding and paper ordered by the 
senate and house of representatives, or by con- 
current order of the two branches, with the ap- 
proval of the clerks of the respective branches, a 
sura not exceeding fifty-two thousand five hun- 
dred dollars ....... 

For expenses in connection with the publication of 
the bulletin of committee hearings, with the ap- 
proval of the joint committee on rules, a sum not 
exceeding thirteen thousand dollars . 

For stationery for the senate, purchased by and with 
the approval of the clerk, a sum not exceeding five 
hundred dollars ...... 

For office expenses of the counsel to the senate, a sum 
not exceeding two hundred dollars 

For stationery for the house of representatives, pur- 
chased by and with the approval of the clerk, a 
sum not exceeding nine hundred dollars 

For office expenses of the counsel to the house of rep- 
resentatives, a sum not exceeding two 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 fourteen 
thousand six hundred dollars .... 

Total 



Service of Special Legislative Investigations. 

30a For expenses of an investigation relative to aviation, 
as authorized by chapter twenty-six of the resolves 
of nineteen hundred and twenty-seven, the sum 
of one hundred ten dollars and seventy-six cents, 
the same to be in addition to any amount hereto- 
fore appropriated for the purpose 

30b For expenses of summoning witnesses, and for fees 
for such witnesses, with the approval of the ser- 
geant-at-arms, a sum not exceeding five hundred 
dollars ........ 

30c For expert services and other expenses of a special 
investigation by a committee of the house of rep- 
resentatives, with the approval of the house com- 
mittee on rules, a sum not exceeding seventy-five 
hundred dollars ...... 

Service of the Judicial Department. 

Supreme Judicial Court, as follows: 

31 For the salaries of the chief justice and of the six 

associate justices, a sum not exceeding eighty-four 
thousand five hundred dollars .... 

32 For traveling allowance and expenses, a sum not 

exceeding forty-five hundred dollars . 

33 For pensions of retired justices, a sum not exceeding 

seventy-five hundred dollars .... 

34 For the salary of the clerk for the commonwealth, 

a sum not exceeding sixty-five himdred dollars . 



Legislative 
Department. 



$100 00 

52,500 00 

13,000 00 

500 00 
200 00 

900 00 

200 00 

14,600 00 
$689,695 00 



Special Legis- 
lative Investi- 
gations. 



$110 76 



$500 00 



$7,500 00 



Judicial 
Department. 
$84,500 00 Supreme Ju- 
dicial Court. 

4,500 00 
7,500 00 
6,500 GO 



84 



Acts, 1928. — Chap. 127. 



Judicial 
Department. 
Supreme Ju- 
dicial Court. 



Item 

35 
36 



37 



38 



Reporter of 
Decisions. 



39 



40 
41 



42 



Superior Court. 43 



44 



45 
46 



47 



Justices of 
District Courts 
sitting in 
Superior Court. 



48 



49 



50 



Judicial 
Council. 



51 



For clerical assistance to the clerk, a sum not exceed- 
ing one thousand dollars ..... $1,000 00 

For law clerks, stenographers and other clerical 
assistance for the justices, a sum not exceeding 
twenty-two thousand dollars .... 22,000 00 

For office supplies, services and equipment of the 
supreme judicial court, a sum not exceeding 
thirty-five hundred dollars .... 3,500 00 

For the salaries of the officers and messengers, a sum 

not exceeding three thousand and forty dollars . 3,040 00 

For the commonwealth's part of the salary of the 
clerk for the county of Suffolk, a sum not exceed- 
ing fifteen hundred dollars .... 1,500 00 

Reporter of Decisions : 

For the salary of the reporter of decisions, a sum not 

exceeding six thousand dollars .... 6,000 00 

For clerk hire and office supplies, services and equip- 
ment, a sum not exceeding eight thousand dollars 8,000 00 

Pensions: 
For the pensions of retired court officers, a sum not 
exceeding four hundred and sixty-four dollars . 464 00 

Total . . ' $148,504 00 

Superior Court, as follows: 

For the salaries of the chief justice and of the tliirty- 
one associate justices, a sum not exceeding three 
hundred twenty thousand dollars . . . $320,000 00 

For traveling allowance and expenses, a sum not 
exceeding nineteen thousand five hundred dollars 19,500 00 

For the salary of the assistant clerk, Suffolk county, 

a sum not exceeding one thousand dollars . . 1,000 00 

For clerical work, inspection of records and doings of 
persons authorized to admit to bail, for an execu- 
tive clerk to the chief justice, and for certain other 
expenses incident to the work of the court, a sum 
not exceeding ten thousand five hundred dollars . 10,500 00 

For pensions of retired justices, a sum not exceeding 

twenty-four thousand dollars .... 24,000 00 



Total 



. $375,000 00 



Justices of District Courts: 

For compensation of justices of district courts while 
sitting in the superior court, a sum not exceeding 
ten thousand dollars $10,000 00 

For expenses of justices of the district courts while 
sitting in the superior court, a sum not exceeding 
twelve hundred dollars . . . . . 1,200 00 

For reimbursing certain counties for compensation 
of certain special justices for services in holding 
sessions of district courts in place of the justice, 
while sitting in the superior court, a sum not 
exceeding six thousand dollars .... 6,000 00 

Total $17,200 00 

Judicial Council : _ _ , 
For expenses of the judicial council, as authorized 
by section thirty-four C of chapter two hundred 
and twenty-one of the General Laws, inserted by 
chapter two hundred and forty-four of the acts 
of nineteen hundred and twenty-four, as amended, 
a sum not exceeding three thousand dollars . $3,000 00 



Acts, 1928. — Chap. 127. 



85 



Item 

52 



53 



54 



55 
56 



58 



59 



For compensation of the secretary of the judicial 
council, as authorized by section thirty-four C of 
chapter two hundred and twenty-one of the 
General Laws, inserted by chapter two hundred 
and forty-four of the acts of nineteen hundred 
and twenty-four, as amended, a sum not exceed- 
ing thirty-five hundred dollars .... 

Total 

Administrative Committee of District Courts: 
For compensation and expenses of the administrative 
committee of district courts, a sum not exceeding 
three thousand dollars ..... 

Probate and Insolvency Courts, as follows: 

For the salaries of judges of probate of the several 
counties, a sum not exceeding one hundred eleven 
thousand five hundred dollars .... 

For pensions of retired judges, a sum not exceeding 
ten thousand five hundred dollars 

For the compensation of judges of probate when 
acting outside their own counties for other judges 
of probate, a sum not exceeding eighty-five hun- 
dred dollars ....... 

For expenses of judges of probate when acting out- 
side their own counties for other judges of probate, 
as authorized by section forty of chapter two 
hundred and seventeen of the General Laws, as 
amended by chapter three hundred and eighty- 
four of the acts of nineteen hundred and twenty- 
three and by chapter three hundred and seventy- 
six of the acts of nineteen hundred and twenty- 
four, a Bum not exceeding three hundred dollars . 

For the salaries of registers of the several counties, a 
sum not exceeding fifty-nine thousand five hun- 
dred and seventy-five dollars .... 

For the salaries of assistant registers, a sum not 
exceeding sixty-four thousand and ninety dollars 

Total 



Judicial 
Council. 



$3,500 00 



$0,500 00 




$3,000 00 


Administrative 
Committee of 
District 
Courts. 


$111,500 00 


Probate and 

Insolvency 

Courts. 


10,500 00 





8,500 00 



For clerical assistance to Registers of the several 
coimties, as follows: 

60 Barnstable, a sum not exceeding twenty-four hun- 

dred and sixty dollars ..... 

61 Berkshire, a sum not exceeding thirty-four hundred 

dollars ........ 

62 Bristol, a sum not exceeding eleven thousand seven 

hundred dollars ...... 

63 Dukes coimty, a sum not exceeding nine hundred 

and sixty dollars ...... 

64 Essex, a sum not exceeding fourteen thousand seven 

hundred dollars ...... 

65 Frankhn, a sum not e.xceeding nine hundred and 

sixty dollars ....... 

66 Hampden, a sum not exceeding ninety-seven hun- 

dred dollars ....... 

67 Hampshire, a siun not exceeding fifteen hundred dol- 

lars ........ 

68 Middlesex, a sum not exceeding forty-four thousand 

nine hundred dollars ..... 

69 Norfolk, a sum not exceeding ten thousand four 

hundred and fifty dollars ..... 

70 Plymouth, a sum not e.xceeding thirty-five hundred 

and seventy-six dollars ..... 



300 00 



59,575 00 

64,090 00 

$254,465 00 



Clerical 

$2,460 00 assistance to 

Registers of 

n 4r\n nn Probate and 

3,400 00 Insolvency. 

11,700 00 

960 00 

14,700 00 

960 00 

9,700 00 

1,500 00 

44,900 00 

10,450 00 

3,576 00 



86 



Acts, 1928. — Chap. 127. 



Clerical 
assistance to 
Registers of 
Probate and 
Insolvency. 



District 
Attorneys. 



Land Court. 



Commission 
on Probation. 



Item 

71 

72 



73 



74 



75 



76 



78 



79 



80 



81 



82 



83 

84 



85 



Suffolk, a sum not exceeding fifty-eight thousand 
one hundred dollars ...... 

Worcester, a sum not exceeding fifteen thousand 
dollars ........ 

Total 

District Attorneys, as follows: 

For the salaries of the district attorney and assistants 
for the Suffolk district, a sum not exceeding sixty 
thousand dollars ...... 

For the salaries of the district attorney and assistants 
for the northern district, a sum not exceeding 
twenty-four thousand dollars .... 

For the salaries of the district attorney and assistants 
for the eastern district, a sum not exceeding four- 
teen thousand four hundred dollars 

For the salaries of the district attorney, deputy dis- 
trict attorney and assistants for the southeastern 
district, a sum not exceeding fifteen thousand six 
hundred dollars ...... 

For the salaries of the district attorney and assist- 
ants for the southern district, a sum not exceeding 
ten thousand four hundred dollars 

For the salaries of the district attorney and assistants 
for the middle district, a sum not exceeding fifteen 
thousand dollars ...... 

For the salaries of the district attorney and assistants 
for the western district, a sum not exceeding 
eighty-four hundred dollars .... 

For the salary of the district attorney for the north- 
western district, a sum not exceeding three thou- 
sand dollars ....... 

For travehng expenses necessarily incurred by the 
district attorneys, except in the Suffolk district, 
a sum not exceeding nine thousand dollars . 



Total 



Service of the Land Court. 



For the salaries of the judge, associate judges, the 
recorder and court officer, a sum not exceeding 
thirty-eight thousand eight hundred dollars 

For engineering, clerical and other personal services, 
a sum not exceeding thirty-five thousand dollars 

For personal services in the examination of titles, 
for pubUshing and serving citations and other 
services, traveling expenses, supplies and office 
equipment, and for the preparation of sectional 
plans showing registered land, a sum not exceeding 
twenty-four thousand five hundred dollars . 

Total 



$58,100 00 

15,000 00 

$177,406 00 



$60,000 00 
24,000 00 
14,400 00 

15,600 00 

10,400 00 

15,000 00 

8,400 00 

3,000 00 

9,000 00 
$159,800 00 



$38,800 00 
35,000 00 



24,500 00 
$98,300 00 



Service of the Commission on Probation. 

For personal services of the deputy commissioner, 
clerks and stenographers, a sum not exceeding 
thirty-four thousand five hundred dollars, pro- 
vided that the annual salary of any person holding 
the position of junior clerk now receiving less than 
nine hundred and sixty dollars per annum may be 
increased after the passage of this act, and that 
the increase may be made effective as of Decem- 
ber first, nineteen hundred and twenty-seven, not- 
withstanding any provisions of law to the contrary 



$34,500 00 



Acts, 1928. — Chap. 127. 



87 



Item 
86 



For services other than personal, inchiding printing 
the annual report, traveling expenses, office sup- 
plies and equipment, a sum not exceeding forty- 
eight hundred dollars ..... 

Total 



Commission 
on Probation. 



$4,800 00 
$39,300 00 



Service of the Board of Bar Examiners. 

87 For personal services of the members of the board, 

a sum not exceeding sixty-three hundred dollars . 

88 For other services, including jirinting the annual 

report, traveling expenses, office supi^lies and 
equipment, a sum not exceeding thirty-eight 
hundred dollars ...... 

Total 



Board of Bar 
300 00 Examiners. 



3,800 00 



$10,100 00 



Service of (he Executive Department. 

89 For the salarj'^ of the governor, the sum of ten thou- 

sand dollars ....... 

90 For the salary of the lieutenant governor, the sura 

of four thousand dollars ..... 

91 For the salaries of the eight councillors, the sum of 

eight thousand dollars ..... 

92 For the salaries of officers and employees of the de- 

partment, a sum not exceeding twenty-six thou- 
sand seven hundred and sixty-four dollars . 

93 For travel and expenses of the lieutenant governor 

and council from and to their homes, a sum not 
e.xceeding one thousand dollars 

94 For postage, printing, office and other contingent 

expenses, including travel of the governor, a sum 
not exceeding eight thousand dollars . 

95 For postage, printing, stationery, traveling and 

contingent expenses of the governor and council, 
a sum not exceeding three thousand dollars 

96 For expenses incurred in the arrest of fugitives from 

justice, a sum not exceeding one thousand dollars 

97 For paj^ment of extraordinary expenses and for 

transfers made to cover deficiencies, with the 
approval of the governor and council, a sum not 
exceeding one hundred thousand dollars 

98 For expenses of a commission appointed by the 

governor to cooperate with the United States 
Geographic Board in the preparation of an official 
gazetteer of the United States, a sum not exceed- 
ing one thousand dollars ..... 

Total ........ 



ExGCUtlVG 

$10,000 00 Department. 

4,000 00 
8,000 00 

26,764 00 

1,000 00 



8,000 00 



3,000 00 
1,000 00 



100,000 00 



1,000 00 
$162,764 00 



Service of the Adjutant General. 

99 For the salary of the adjutant general, a sum not 

exceeding forty-one hundred dollars . . . $4,100 00 

100 For personal services of office assistants, including 

services for the preparation of records of Massa- 
chusetts soldiers and sailors who served in the 
Civil War, a sum not exceeding thirty-five thou- 
sand nine hundred dollars .... 35,900 00 

101 For services other than personal, printing the annual 

report, and for necessary' office supplies and ex- 
penses, a sum not exceeding seventy-five hundred 
dollars 7,500 00 



Adjutant 
General. 



Acts, 1928. — Chap. 127. 



Item 
Adjutant 102 For e^cpenses not otherwise provided for in oonnec- 

General. jJqjj with miUtarv matters and accounts, a sum 

not exceeding fift3'-five hundred dollars . . $5,500 00 

Total $53,000 00 

Service of the Militia. 

Militia. 103 For allowances to companies and other administra- 

tive units, a sum not exceeding one hundred fiftj'- 
three thousand five hundred dollars . . $153,500 00 

104 For certain allowances for national guard officers, 

as authorized by paragraph {d) of section one 
hundred and forty-five of chapter thirty-three of 
the General Laws, as appearing in chapter four 
hundred and sixty-five of the acts of nineteen 
hundred and twenty-four, as amended, a sum not 
exceeding twenty-two thousand dollars . . 22,000 00 

105 For pay and transportation of certain boards, a sum 

not exceeding twentj'-five hundred dollars . . 2,500 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 five thousand dollars .... 5,000 00 

108 For transportation of officers and non-commissioned 

officers for attendance at mihtary meetings, a sum 

not exceeding six thousand dollars . . . 6,000 00 

109 For transportation to and from regimental and bat- 

talion drills, a sum not exceeding three thousand 

dollars . . . . . ... 3,000 00 

110 For transportation when appearing for examination, 

a sum not exceeding two hundred dollars . . 200 00 

111 For expenses of rifle practice, a sum not exceeding 

eighteen thousand dollars ..... 18,000 00 

112 For compensation, transportation and expenses in 

the preparation for camp duty maneuvers, a sum 

not exceeding thirty thousand dollars . . 30,000 00 

113 For maintenance of horses, a sum not exceeding 

twenty-eight thousand six hundred doUars . . 28,600 00 

114 For incidental and maintenance expenses of division 

headquarters, 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 compensation for accidents and injuries sus- 

tained in the performance of military duty, a sum 

not exceeding ten thousand dollars . . . 10,000 00 

117 To cover certain small claims for damages to private 

property arising from miUtary maneuvers, a sum 

not exceeding five hundred dollars . . . 500 00 

118 For expenses of organizing and maintaining an aero 

squadron, a sum not exceeding three thousand 

dollars 3,000 00 

119 For premiums on bonds for officers, a sum not ex- 

ceeding eleven hundred dollars .... 1,100 00 

120 For instruction in military authority, organization 

and administration, and in the elements of military 

art, a sum not exceeding five thousand dollars . 5,000 00 



Total 



$308,900 00 



Acts, 1928. — Chap. 127. 



89 



Item 

121 



122 



123 
124 



125 



Seniice of Special Military Expenses. 

For the expense of furnishing certificates of honor 
for service on the Mexican border, as authorized 
by law, a sum not exceeding two hundred dollars, 
the same to be in addition to any amount hereto- 
fore appropriated for the purpose . . $200 00 

For expense of testimonials to soldiers and sailors of 
the ^^'orld War, to be expended under the direc- 
tion of the adjutant general, a sum not exceeding 
one thousand dollars ..... 1,000 00 

(This item combined with Item 100.) 

For the expense of obtaining from the Navy De- 
partment at Washington, D. C, copies of certain 
records, a sum not exceeding fifteen hundred 
dollars 1,500 00 

For the expense of obtaining from the War Depart- 
ment at Wasliington, D. C., certain films showing 
the ser\ace of the Twenty-sixth Division while in 
the World War, a sum not exceeding one hundred 
and twenty-five dollars ..... 125 00 

Total $2,825 00 



Special 

Military 

Expenses. 



Service of the State Quartermaster. 

126 For personal services of the state quartermaster. State Quarter- 

superintendent of armories, superintendent of master, 

arsenal and other employees of the state quarter- 
master, a sum not exceeding twenty thousand 
five hundred dollars . . . . . $20,500 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 dollars 1,200 00 

128 For the salaries of armorers and assistant armorers of 

first class armories, and acting superintendent of 
armories, a sum not exceeding one hundred thirty- 
one thousand dollars ..... 131,000 00 

129 For clerical and other expenses for the office of the 

property and disbursing oflricer, a sum not exceed- 
ing eighty-eight hundred dollars . . . 8,800 00 

130 For certain incidental military expenses of the quar- 

termaster's department, a sum not exceeding eight 

hundred and fifty dollars ..... 850 00 

131 For office and general supplies and equipment, a sum 

not exceeding twelve thousand dollars . . 12,000 00 

132 For the care and maintenance of the camp ground 

and buildings at Framingham, a sum not exceeding 

one thousand dollars ..... 1,000 00 

133 For the maintenance of armories of the first class, a 

sum not exceeding one hundred fifty-six thousand 

dollars 156,000 00 

134 For reimbursement for rent and maintenance of 

armories of the second and third classes, a sum not 

exceeding seventy-eight hundred dollars . . 7,800 00 

135 For allowances for a mechanic for each battery of 

field artillery, a sum not exceeding seventeen 

thousand six hundred dollars .... 17,600 00 

136 For the rental of stables, including water and certain 

other incidental services, for the housing of horses 
and mules, a sum not exceeding thirteen thousand 
three hundred dollars 13,300 00 



90 



Acts, 1928. — Chap. 127. 



State Quarter- 
master. 



Item 

137 

138 



For expense of maintaining and operating certain 
trucks, a sum not exceeding twenty-five hundred 
dollars S2,500 00 

For expense of maintaining and operating the Camp 
Curtis Guild rifle range, a sum not exceeding 
fifteen thousand seven hundred dollars . . 15,700 00 

Total $388,250 00 



Service of the State Surgeon. 

State Surgeon. 139 for personal services of the state surgeon and regu- 
lar assistants, a sum not exceeding sixty-eight 
hundred dollars $6,800 00 

140 For services other than personal, and for necessary 

medical and office supplies and equipment, a sum 

not exceeding twenty-eight hundred dollars . 2,800 00 

141 For the examination of recruits, a sum not exceeding 

ten thousand dollars 10,000 00 

Total $19,600 00 



State Judge 
Advocate. 



Service of the State Judge Advocate. 

142 For compensation of the state judge advocate, as 
provided by law, a sum not exceeding fifteen hun- 
dred dollars ....... 



$1,500 00 



Commission 
on Adminis- 
tration and 
Finance. 



Service of the Commission on Administration and Finance. 

143 For personal services of the commissioners, a sum not 

exceeding twenty thousand dollars . . . $20,000 00 

144 For personal services of assistants and employees, 

a sum not exceeding one hundred seventy-one 

thousand dollars 171,000 00 

145 For other expenses incidental to the duties of the 

commission, a sum not exceeding twenty-five thou- 
sand dollars ....... 



Total 



25,000 00 
$216,000 00 



Purchase of 
paper. 



Purchase of paper. 
146 For the purchase of paper used in the execution of 
the contracts for state printing, other than legis- 
lative, with the approval of the commission on 
administration and finance, a sum not exceeding 
eighty-one thousand dollars .... 



$81,000 00 



Armory Com- 
missioners. 



Service of the Armory Commissioners. 

147 For compensation of members, a sum not exceeding 

twenty-three hundred dollars .... $2,300 00 

148 For office and traveling expenses, a sum not exceed- 

ing two hundred and fifty dollars . . . 250 00 

148a P^or the purchase of lockers and furniture for the use 
of the national guard, a sum not exceeding one 
thousand dollars 1,000 00 

Total $3,550 00 



Commissioner 
of State Aid 
and Pensions. 



Service of the Cotmnissiotier of State Aid and Pensions. 

149 For personal services of the commissioner and 
deputy, a sum not exceeding seventy-seven hun- 



dred dollars 



$7,700 00 



Acts, 1928. — Chap. 127. 



91 



Item 
150 

151 



For personal services of agents, clerks, stenographers 
and other assistants, a svini not exceeding twenty- 
five thousand two hundred and fifty dollars . $25,250 00 

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 four 
thousand dollars 4,000 00 

Total $36,950 00 



Commissioner 
of State Aid 
and Pensions. 



For Expenses on Account of Wars. 

152 For reimbursing cities and towns for money paid on 

account of state and military aid to Massachusetts 
soldiers and their families, the sum of two hundred 
twenty thousand dollars, the same to be paid on or 
before the fifteenth day of November in the 
current year, in accordance with the provisions of 
existing laws relative to state and military aid 

153 For the maintenance of the Soldiers' Home in Mas- 

sachusetts, with the approval of the trustees 
thereof, a sum not exceeding one hundred ninety 
thousand dollars ...... 

154 For miscellaneous improvements at the Soldiers' 

Home in Massachusetts, a sum not exceeding 
fifteen thousand dollars, payments to be made 
upon the filing with the comptroller of vouchers 
approved by the trustees of the home 

155 For further improvements at, and for the annual 

care of, the memorial park established in St. 
Mihiel, France, by chapter forty-three of the 
resolves of nineteen hundred and twenty-seven, a 
sum not exceeding five thousand dollars, the same 
to be in addition to any amount heretofore appro- 
priated for the purpose ..... 

Total 



Expenses on 
Account of 
Wars. 

Reimbursement 
of cities and 
towns for state 
and military 

$220,000 00 aid. 

Soldiers' Home 
in Massa- 
chusetts. 

190,000 00 



15,000 00 



Memorial park 
in St. Mihiel, 
France. 



5,000 00 
$430,000 00 



Service of the Art Commission. 

156 For expenses of the commission, a sum not exceeding 
two hundred dollars ..... 



Art Commis- 
$200 00 8i°n- 



Service of the Ballot Law Commission. 

157 For compensation of the commissioners, a sum not 

exceeding fifteen hundred dollars 

158 For expenses, including travel, supplies and equip- 

ment, a sum not exceeding five hundred dollars 

Total 



Ballot Law 
[ 5QQ QQ Commission. 

500 00 



$2,000 00 



Service of the Commissioners on Uniform State Laws. 

159 For expenses of the commissioners, a sum not exceed- 
ing eleven hundred and fifty dollars . . . $ 



Commissioners 
1 KO no on Uniform 
1^^" "" State Laws. 



160 



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 ...... 



Board of 
$200 00 Appeal, etc. 



92 



Acts, 1928. — Chap. 127. 



Service of the State Library. 

State Library. 161 For personal services of the lil)rarian, a sum not ex- 
ceeding five thousand dollars .... $5,000 00 

For personal services of the regular library assist- 
ants, temporary clerical assistance and for services 
for cataloguing, a sum not exceeding thirty-five 
thousand dollars . . . . . . 35,000 00 

For services other than personal, including printing 
the annual report, office supplies and equipment, 
and incidental traveling expenses, a sum not ex- 
ceeding three thousand dollars .... 3,000 00 

For books and other publications and things needed 
for the hbrary, and the necessary binding and 
rebinding incidental thereto, a sum not exceeding 
fifteen thousand dollars 15,000 00 

Total $58,000 00 



Item 
161 

162 



163 



164 



Service of the Superintendent of Buildings. 

Superintendent 165 For personal services of the superintendent and office 
of Buildings. assistants, a sum not exceeding ten thousand and 

fifty dollars ,. $10,050 00 

166 For personal services of engineers, assistant engi- 

neers, firemen and helpers in the engineer's depart- 
ment, a sum not exceeding fifty-six thousand 
eight hundred dollars . . . 56,800 00 

167 For personal services of watchmen and assistant 

watchmen, a sum not exceeding forty-one thou- 
sand three hundred and sixty dollars . . 41,360 00 

168 For personal services of porters, a sum not exceeding 

twenty-three thousand nine hundred dollars 23,900 00 

169 For other personal services incidental to the care and 

maintenance of the state house, a sum not exceed- 
ing sixty-three thousand dollars . . . 63,000 00 

Total $195,110 00 



Other Annual 
Expenses. 



Other Annual Expenses: 

170 For contingent, office and other expenses of the 

superintendent, a sum not exceeding three hun- 
dred dollars $300 00 

171 For telephone service in the building and expenses 

in connection therewith, a sum not exceeding 
thirty-seven thousand dollars .... 37,000 00 

172 For services, supplies and equipment necessary to 

furnish heat, light and power, a sum not exceeding 

forty-nine thousand dollars .... 49,000 00 

173 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 forty thousand 
seven hundred dollars ..... 40,700 00 

174 For expenses of the preservation of battle flags in the 

state house, a sum not exceeding ten thousand 
dollars, the same to be in addition to any amount 
heretofore appropriated for the purpose . . 10,000 00 



Total 



$137,000 00 



Acts, 1928. — Chap. 127. 



93 



Item 

175 



For the Maintenance of Old State House. 

For the contribution of the commonwealth toward 
the maintenance of the old provincial state house, 
the sum of fifteen hundred dollars 



Old State 
House Mainte- 



$1,500 00 



Service of the Commission on Necessaries of Life. 

176 For expenses of the commission, a sum not exceed- 
ing eighteen thousand dollars .... 



Commission 
$18,000 00 on Necessaries 
' of Life. 



Service of the Secretary of the Commonwealth. 

177 For the salary of the secretary, the sum of six thou- 

sand dollars ....... 

178 For the salaries of officers and employees holding 

positions established by law, and other personal 
services, a sum not exceeding one hundred thou- 
sand dollars ....... 

179 For services other than personal, traveling expenses, 

oflRce supplies and equipment, and for the arrange- 
ment and preservation of state records and papers, 
a sum not exceeding twenty thousand dollars 

180 For postage and expressage on public documents, 

and for mailing copies of bills and resolves to 
certain state, city and town officials, a sum not 
exceeding thirty-five hundred dollars . 

181 (This item combined with Item 179.) 

182 For printing registration books and blanks and in- 

dexing returns, a sum not exceeding twenty-five 
hundred dollars . . • . 

183 For the purchase of copies of certain town records 

prior to eighteen hundred and fifty, a sum not 
exceeding nine thousand dollars 

184 For the purchase of certain supplies and equipment, 

and for other things necessary in connection with 
the reproduction of the manuscript collection 
designated ''Massachusetts Archives", a sum 
not exceeding two thousand dollars 

185 For the purchase and distribution of copies of cer- 

tain journals of the house of representatives of 
Massachusetts Bay from seventeen hundred and 
fifteen to seventeen hundred and eighty, inclusive, 
as authorized by chapter four hundred and thirteen 
of the acts of nineteen hundred and twenty, a sum 
not exceeding seven hundred and fifty dollars 

Total • . 



Secretary of 
$6,000 00 the Common- 



wealth- 



100,000 00 



20,000 00 



3,500 00 



2,500 00 



9,000 00 



2,000 00 



750 00 
$143,750 00 



For indexing vital statistics : 
186 For the preparation of certain indexes of births, 
marriages and deaths, a sum not exceeding sixty- 
two hundred dollars, the same to be in addition 
to the amount appropriated in the preceding year 



Indexing vital 
statistics. 



$6,200 00 



187 



188 



For printing laws, etc.: 

For printing the pamphlet edition of the acts and 
resolves of the present year, a sum not exceeding 
forty-two hundred dollars .... $4,200 00 

For the printing of a cumulative index to the acts 
and resolves, a sum not exceeding five hundred 
dollars 500 00 



Printing laws, 
etc. 



94 



Acts, 1928. — Chap. 127. 



Printing laws, 
etc. 



Election 
matters. 



Public Records. 



Decennial 
Census. 



Item 

189 For printing and binding the blue book edition of 

the acts and resolves of the present year, a sum 

not exceeding six thousand dollars . . . $6,000 00 

190 For the printing of reports of decisions of the supreme 

judicial court, a sum not exceeding twenty-five 
thousand six hundred dollars, the same to be in 
addition to the amount appropriated in the pre- 
ceding year . . . . . . . 25,600 00 

191 For printing and binding public documents, a sum 

not exceeding thirty-five hundred dollars . . 3,500 00 

192 For reprinting Bradford History of Plymouth 

Colony, a sum not exceeding two thousand dollars 2,000 00 

Total $41,800 00 

« 
For matters relating to elections: 

193 For personal and other services necessary for pre- 

paring and printing ballots for the primary elec- 
tions, a sqm not exceeding one hundred five thou- 
sand dollars $105,000 00 

194 For the printing and distribution of ballots, a sum 

not exceeding forty-five thousand dollars . . 45,000 00 

195 For the printing of blanks for town officers, election 

laws and blanks and instructions on all matters 
relating to elections, a sum not exceeding five 
thousand dollars 5,000 00 

196 For furnishing cities and towns with ballot boxes, 

and for repairs to the same, a sum not exceeding 

seventeen hundred dollars .... 1,700 00 

197 For expenses of pubhcation of lists of candidates and 

forms of questions before state elections, a sum 

not exceeding twelve thousand dollars . . 12,000 00 

198 For administering the law to permit absent voters 

to vote at state elections, a sum not exceeding 

fifteen thousand dollars ..... 15,000 00 

199 For expenses of compiling and publishing informa- 

tion to voters, as required by section fifty-three 
of chapter fifty-four of the General Laws, a sum 
not exceeding sixty-five thousand dollars . . 65,000 00 

200 For services and expenses of the electoral college, a 

sum not exceeding one thousand dollars . . 1,000 00 

Total $249,700 00 

Supervisor of Public Records : 

For personal services of the supervisor, a sum not 

exceeding three thousand dollars . . $3,000 00 

202 For the purchase of ink for public records of the 

commonwealth, a sum not exceeding one thousand 

dollars 1,000 00 

203 For traveling expenses of the supervisor of public 

records, a sum not exceeding one thousand dollars 1,000 00 

Total $5,000 00 

Decennial Census: 

204 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 

205 For expenses of the census division of the depart- 

ment of the secretary of the commonwealth, a 

sum not exceeding two hundred dollars . . 200 00 



Total 



$5,000 00 



Acts, 1928. — Chap. 127. 



95 



Item 



206 



Medical Examiners' Fees: 
For medical examiners' fees, as provided by law, a 
sum not exceeding one thousand dollars 



Medical 
$1,000 00 Examiners' 
Fees. 



Service of the Treasurer and Receiver-General. 

207 For the salary of the treasurer and receiver-general, 

the sum of six thousand dollars .... 

208 For salaries of officers and employees holding posi- 

tions estabhshed by law and additional clerical 
and other assistance, a sum not exceeding forty- 
seven thousand three hundred dollars 

209 For services other than personal, traveling expenses, 

office supplies and equipment, a sum not exceeding 
eighty-nine hundred dollars .... 

Total 



Treasurer and 

5,000 00 g-Jj- 



47,300 00 

8,900 00 
$62,200 00 



Commissioners on Firemen's ReUef : 

210 For reUef disbursed, with the approval of the com- 

missioners on firemen's relief, subject to the pro- 
visions of law, a sum not exceeding seventeen 
thousand five hundred dollars .... 

211 For expenses of administration by the commis- 

sioners on firemen's relief, a sum not exceeding 
five hundred dollars ...... 

Total 



Commissioners 
on Firemen's 
Relief. 



$17,500 00 

500 00 
$18,000 00 



Payments to Soldiers : 

212 For expenses of administering certain laws relating 

to payments in recognition of military service in 
the world war, a sum not exceeding thirty-three 
hundred and fifty dollars, to be paid from the 
receipts from taxes levied under authority of 
chapters two hundred and eighty-three and three 
hundred and forty-two of the General Acts of 
nineteen hundred and nineteen .... 

213 For making payments to soldiers in recognition of 

service during the world war, as provided by law, 
a sum not exceeding fifteen thousand dollars, to be 
paid from receipts from taxes levied as specified 
in item two hundred and twelve 
213a For payments to soldiers and sailors in the volunteer 
service of the United States during the Spanish- 
American war, and to certain of their dependents, 
as authorized by section one of chapter five hun- 
dred and sixty-one of the acts of eighteen hundred 
and ninety-eight, as amended by section one of 
chapter four hundred and seventy-one of the acts 
of eighteen hundred and ninetj'-nine, a sum not 
exceeding two hundred dollars .... 

Total 



Payments to 
Soldiers. 



$3,350 00 



15,000 00 



200 00 



$18,550 00 



State Board of Retirement: 

214 For personal services in the administrative office of 

the state board of retirement, a sum not exceeding 
ninety-three hundred and fifty dollars . . $9,350 00 

215 For services other than personal, printing the annual 

report, and for office supphes and equipment, a 

sum not exceeding forty-four hundred dollars . 4,400 00 



State Board 
of Retirement. 



96 



Acts, 1928. — Chap. 127. 



State Board 
of Retirement. 



Item 

216 



Special Interest 217 
Refund. 



For requirements of annuity funds and pensions for 
employees retired from the state service under 
authority of law, a sum not exceeding one hundred 
forty-six thousand dollars .... $146,000 00 

Total $159,750 00 

Special Interest Refund : 
For the city of Lynn, on account of certain interest 
charges which were paid by said city to the com- 
monwealth in connection with money advanced 
by the commonwealth for its account for the ab- 
olition of grade crossings, under the provisions of 
chapter three hundred and ninety of the acts of 
nineteen hundred and eight, which were in excess 
of the interest actually paid bj^ the commonwealth 
for the money so advanced, the sum of two thou- 
sand dollars and sixty-four cents . . . $2,000 64 



Requirements 
for Extinguish- 
ing State Debt. 



Requirements for Extinguishing the State Debt. 

218 For sinking fund requirements and for certain serial 
bonds maturing during the present year, the sum 
of one million two hundred sixty-four thousand 
three hundred sixty-four dollars and sixty-three 
cents, payable from the following accounts and 
funds in the following amounts : — from receipts 
from loans for the abolition of grade crossings, the 
sum of tliirty-four thousand dollars; from the 
Highway Fund, the sum of four hundred seventy- 
four thousand three hundred sixty-four dollars 
and sixty-three cents; from the balance of the 
receipts of the sale of the Boston dry dock, two 
hundred twenty-five thousand dollars; and the 
remainder from the general fund . . . $1,264,364 63 



Interest on 
Public Debt. 



Interest on the Public Debt. 

219 For the payment of interest on the direct debt and 
temporary loans of the commonwealth, a sum not 
exceeding one million one hundred thirty-one 
thousand four hundred dollars, of which sum four 
hundred forty-seven thousand one hundred fifty- 
eight dollars and seventy-three cents shall be 



paid from the Highway Fund 



$1,131,400 00 



Auditor of the 
Common- 
wealth. 



Sermce of the Auditor of the Commonuealth. 

220 For the salary of the auditor, the sum of six thou- 

sand dollars $6,000 00 

221 For personal services of deputies and other a.ssist- 

ants, a sum not exceeding forty-one thousand nine 

hundred dollars 41,900 00 

222 For services other than personal, traveling expenses, 

office supplies and equipment, a sum not exceed- 
ing fifty-six hundred dollars .... 5,600 00 

Total $53,500 00 



Attorney 
General's 
Department. 



Service of tJie Attorney General's Department. 

223 For the salary of the attorney general, the sum of 

eight thousand dollars $8,000 00 

224 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-seven 
thousand dollars 87,000 00 



Acts, 1928. — Chap. 127. 



97 



Item 
225 

226 



227 



For services other than personal, traveling expenses, 
office supphes and equipment, a sum not exceed- 
ing nine thousand dollars ..... 

For the settlement of certain small claims, as au- 
thorized by section three A of chapter twelve of 
the General Laws, inserted by chapter three hun- 
dred and ninety-five of the acts of nineteen hun- 
dred and twenty-four, a sum not exceeding five 
thousand dollars ...... 

For the publication of certain opinions of the at- 
torneys general, a sum not exceeding five thou- 
sand dollars ....... 

Total 



Attorney 
General's 
$9,000 00 Department. 

5,000 00 

5,000 00 



$114,000 00 



Service of the Department of Agriculture. 

228 For the salary of the commissioner, a sum not ex- 

ceeding six thousand dollars .... 

229 For personal services of clerks and stenographers, 

a sum not exceeding twenty thousand eight hun- 
dred and eighty dollars ..... 

230 For traveling expenses of the commissioner, a sum 

not exceeding twelve hundred dollars 

231 For services other than personal, printing the annual 

report, office suppUes and equipment, and printing 
and furnishing trespass posters, a sum not exceed- 
ing eighty-eight hundred dollars 

232 For compensation and expenses of members of the 

advisory board, a sum not exceeding two thousand 
dollars ........ 

233 For services and expenses of apiary inspection, a 

sum not exceeding twenty-five hundred dollars . 

Division of Dairying and Animal Husbandry: 

234 For personal services, a sum not exceeding ninety- 

five hundred doUars ..... 

235 For other expenses, including the enforcement of the 

dairy laws of the commonwealth, a sum not ex- 
ceeding forty-eight hundred dollars . 

Division of Plant Pest Control: 

236 For personal services, a sum not exceeding eleven 

thousand dollars ...... 

237 For other expenses, a sum not exceeding sixty-three 

hundred dollars ...... 

Division of Ornithology : 

238 For personal services, a sum not exceeding sixty-two 

hundred dollars ...... 

239 For other expenses, a sum not exceeding five hundred 

dollars . . . . . . . , 

Division of Markets: 

240 For personal services, a sum not exceeding twenty 

thousand six hundred and sixty dollars 

241 For other expenses, a sum not exceeding fiifty-one 

hundred dollars ...... 

Division of Reclamation, Soil Survey and Fairs : 

242 For personal services, a sum not exceeding twelve 

thousand seven hundred and fifty dollars . 

243 For travel and other expenses, a sum not exceeding 

sixty-four hundred dollars .... 



Department of 
5,000 00 Agriculture. 



20,880 00 
1,200 00 



8,800 00 

2,000 00 
2,500 00 



Division of 
9,500 00 Dairying and 
Animal Hus- 



bandry. 



4,800 00 



Division of 
11,000 00 Plant Pest 
' Control. 

6,300 00 



Division of 
6,200 00 Ornithology. 

500 00 



Division of 
20,660 00 Markets. 

5,100 00 



Division of 
12 750 00 Reclamation, 
' Soil Survey 

„ ,„„ „„ and Fairs. 

6,400 00 



98 



Acts, 1928. — Chap. 127. 



Division of 
Reclamation, 
Soil Survey 
and Fairs. 



Specials. 



Item 
244 



245 



246 



State 

Reclamation 

Board. 



Department 
of Con- 
servation. 



Division of 
Forestry. 



247 



248 
249 



250 
251 

252 

253 

254 

255 



For state prizes and agricultural exhibits, a sum not 
exceeding thirty 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 , . , $30,000 00 

Specials: 

For work in protecting the pine trees of the common- 
wealth from white pine bhster rust, and for pay- 
ments of claims on account of currant and goose- 
berry bushes destroyed in the work of suppressing 
white pine blister rust, a sum not exceeding nine- 
teen thousand dollars . . . . . 19,000 00 

For quarantine and other expenses in connection 
with the work of suppression of the European 
corn-borer, so-called, a sum not exceeding six 
thousand dollars, the same to be in addition to any 
amount heretofore appropriated for the purpose . 6,000 00 



Total . 



. $179,590 00 



Service oj State Reclamation Board. 

For expenses of the board, a sum not exceeding 

twenty-five hundred dollars .... $2,500 00 

Service of the Department of Conservation. 

Administration : 

For the salary of the commissioner, a sum not ex- 
ceeding six thousand dollars . . . . $6,000 00 

For traveling expenses of the commissioner, a sum 

not exceeding two hundred and fifty dollars . 250 00 

Total $6,250 00 

Division of Forestry: 

For personal services of office assistants, a sum not 
exceeding twelve thousand five hundred dollars . $12,500 00 

For services other than personal, including printing 
the annual report, and for traveling expenses, 
necessary office supplies and equipment, a sum 
not exceeding four thousand dollars . . . 4,000 00 

For the salaries and expenses of foresters and for 
necessary labor, supplies and equipment in main- 
taining forest tree nurseries, a sum not exceeding 
twelve thousand five hundred dollars . . . 12,500 00 

For the purchase of land and reforesting the same, 
as authorized by section ten of chapter one hun- 
dred and thirty-two of the General Laws, as 
amended, a sum not exceeding five thousand 
dollars 5,000 00 

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 
exceeding two thousand dollars . . . 2,000 00 

For the personal services of the state fire warden and 
his assistants, and for other services, including 
traveUng expenses of the state fire warden and 
his assistants, necessary suppUes and equipment 
and materials used in new construction in the 
forest fire prevention service, a sum not exceeding 
sixty-three thousand dollars, the same to be in 
addition to any funds allotted to Massachusetts 
by the federal authorities 63,000 00 



Acts, 1928. — Chap. 127. 



99 



Item 
256 



257 
258 



259 

260 
261 

262 

262a 



263 
264 



265 



266 



267 
268 



For the suppression of the gypsy and brown tail 
moths, and for expenses incidental thereto, a sum 
not exceeding fifty-five 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 . 

For the planting and maintenance of state forests, 
a sum not exceeding twenty-five thousand dol- 
lars ........ 

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 thirty-six of chapter one 
hundred and thirty-two of the General Laws, a 
sum not exceeding one hundred thousand dollars, 
the same to be in addition to any amount hereto- 
fore appropriated for this purpose, and any unex- 
pended balance remaining at the end of the cur- 
rent fiscal year may be used in the succeeding year 

For the maintenance of the Standish monument 
reservation, a sum not exceeding two thousand 
dollars ........ 

For the maintenance of Mount Grace state forest, 
a sum not exceeding five hundred dollars 

For reimbursement to certain towns, as authorized 
by section twenty-four of chapter forty-eight of 
the General Laws, as amended, a sum not ex- 
ceeding twenty-five hundred dollars . 

For expenses of the continuation of the experiment 
relative to the prevention of forest fires in certain 
towns in Barnstable county, a sum not exceeding 
fifteen hundred dollars ..... 

For the construction of a comfort station at the 
Standish moniunent reservation, a sum of three 
thousand dollars ...... 

Total 

Division of Fisheries and Game: 

For the salary of the director, a sum not exceeding 
four thousand dollars ..... 

For personal services of office assistants, a sum not 
exceeding ten thousand one hundred and eighty 
dollars ........ 

For services other than personal, including printing 
the annual report, traveling expenses and neces- 
sary office suppUes and equipment, a sum not 
exceeding seventy-five hundred dollars 

For expenses of exhibitions and other measures to 
increase the interest of the pubhc in the protection 
and propagation of fish and game, a sum not ex- 
ceeding one thousand dollars .... 

Enforcement of laws: 

For personal services of fish and game wardens, a 
sum not exceeding sixty-six thousand dollars . 

For traveling expenses of fish and game wardens, and 
for other expenses necessary for the enforcement 
of the laws, a sum not exceeding forty thousand 
dollars ........ 



Division of 
Forestry. 



$55,000 00 

25,000 00 



100,000 00 

2,000 00 
500 00 

2,500 00 

1,500 00 

3,000 00 
$288,500 00 



Division of 
1,000 00 Game"^' ^""^ 



10,180 00 



7,500 00 



1,000 00 



66,000 00 



Enforcement 
of laws. 



Biological work: 
269 For personal services to carry on biological work, a 
sum not exceeding fifty-one hundred dollars 



40,000 00 



Biological 

5,100 00 ^°'-k- 



100 



Acts, 1928. — Chap. 127. 



Biological 
work. 



Propagation 
of game birds, 
etc. 



Item 

270 



271 



For traveling and other expenses of the biologist and 
his assistants, a sum not exceeding twentj'^-five 
hundred dollars $2,500 00 

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 ninety- 
nine thousand seven hundred dollars . . . 99,700 00 



Damages by 
wild deer and 
wild moose. 



Protection of 
wild life. 



Marine 
fisheries. 



Damages by wild deer and wild moose: 

272 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 
nine thousand dollars ..... 9,000 00 

Protection of wild life: 

273 For expenses incurred in the protection of certain 

wild Ufe, a sum not exceeding thirty-four hundred 

dollars 3,400 00 

Marine fisheries: 

274 For personal services for regulating the sale and cold 

storage of fresh food fish, a sum not exceeding ten 

thousand seven hundred and forty dollars . . 10,740 00 

275 For other expenses for regulating the sale and cold 

storage of fresh food fish, a sum not exceeding 
thirty-three hundred dollars .... 3,300 00 



Enforcement 
of shellfish 
laws. 



Specials. 



Bounty on 
Beals. 



Division of 

Animal 

Industry. 



Enforcement of shellfish laws : 

276 For personal services for the enforcement of laws 

relative to shellfish, a sum not exceeding ninety- 
three hundred dollars 9,300 00 

277 For other expenses for the enforcement of laws 

relative to shellfish, a sum not exceeding six thou- 
sand dollars 6,000 00 

278 (This item omitted.) 

Total $277,720 00 

Specials : 

279 For improvements and additions at fish hatcheries 

and game farms, a sum not exceeding ten thou- 
sand dollars, the same to be in addition to any 
amount heretofore appropriated for the purpose . $10,000 00 

Bounty on seals : 

280 For bounties on seals, a sum not exceeding two hun- 

dred and fifty doUars 250 00 

Division of Animal Industry: 

281 For the salary of the director, a sum not exceeding 

thirty-five hundred dollars .... 3,500 00 

282 For personal services of clerks and stenographers, a 

sum not exceeding eleven thousand eight hundred 

doUars 11,800 00 

283 For services other than personal, including printing 

the annual report, traveling expenses of the di- 
rector, and office supphes and equipment, a sum 
not exceeding five thousand dollars . . . 5,000 00 

284 For personal services of veterinarians and agents 

engaged in the work of extermination of conta- 
gious diseases among domestic animals, a sum not 
exceeding fifty thousand four hundred dollars . 50,400 00 



Acts, 1928. — Chap. 127. 



101 



Item 
285 



286 



287 



For the traveling expenses of veterinarians and 
agents, including the cost of any motor vehicles 
P'rchased for their use, a sum not exceeding 
twenty-one thousand dollars .... 

For reimbursement of owners of horses killed 
during the present and previous years, travel, 
when allowed, of inspectors of animals, incidental 
expenses of killing and burial, quarantine and 
emergency services, and for laboratory and veteri- 
nary supphes and equipment, a sum not exceeding 
six thousand dollars ..... 

For reimbursement of owners of tubercular cattle 
killed, as authorized by section twelve A of chapter 
one hundred and twenty-nine of the General Laws, 
inserted by section one of chapter three hundred 
and four of the acts of nineteen hundred and 
twenty-four, and in accordance with certain pro- 
visions of law and agreements made under au- 
thority of section thirty-three of chapter one hun- 
dred and twenty-nine of the General Laws, as 
amended, during the present and previous years, 
a sum not exceeding one hundred thousand dollars, 
the same to be in addition to any amount hereto- 
fore appropriated for the purpose, and any unex- 
pended balance remaining at the end of the cur- 
rent fiscal year may be used in the succeeding year 

Total 



Division of 

Animal 

Industry. 



$21,000 00 



6,000 00 



100,000 00 
$197,700 00 



Reimbursement of towns for inspectors of animals: 
288 For the reimbursement of certain towns for compen- 
sation paid to inspectors of animals, a sum not 
exceeding fifty-five hundred dollars 



Reimbursement 
of towns for 

- fnn nn inspeCtOrS of 

),o00 00 animals. 



Service of the Department of Banking and Insurance. 

Dixision of Banks : 

289 For the salary of the commissioner, the sum of six 

thousand dollars ...... i 

290 For services of deputy, directors, examiners and as- 

sistants, clerks, stenographers and experts, a sum 
not exceeding two hundred forty-nine thousand 
five hundred dollars ..... 

291 For services other than personal, printing the annual 

report, travehng expenses, office supplies and 
equipment, a sum not exceeding sixty-one thou- 
sand dollars ....... 



Total 



Department of 
5,000 00 EfsSe."' 



Division of 
Banks. 



249,500 00 



61,000 00 
$316,500 00 



Supervisor of Loan Agencies : 

292 For personal services of supervisor and assistants, a 

sum not exceeding eighty-six hundred dollars 

293 For services other than personal, printing the annual 

report, office supplies and equipment, a sum not 
exceeding twelve hundred dollars 

Total 



Supervisor of 
$8,600 00 ^°^" Agencies. 



1,200 00 



$9,800 00 



Division of Insurance: 
294 For salary of the commissioner, a sum not exceeding Division of 

six thousand dollars $6,000 00 Insurance. 



102 



Acts, 1928. — Chap. 127. 



Division of 
Insurance. 



Item 

295 



296 



297 



For other personal services of the division, including 
expenses of the board of appeal and certain other 
costs of supervising automobile liability insurance, 
a sum not exceeding one hundred thirty-eight 
thousand five hundred dollars, of which sum not 
more than thirteen thousand dollars may be 
charged to the Highway Fund .... $138,500 00 

For other services, including printing the annual 
report, traveling expenses and necessary office 
supphes and equipment, a sum not exceeding 
twenty-five thousand dollars .... 25,000 00 

(This item combined with Item 295.) 

Total $169,500 00 



Board of Appeal 298 
on Fire In- 
surance Rates. 



Board of Appeal on Fire Insurance Rates: 
For expenses of the board, a sum not exceeding twelve 
hundred dollars ...... 



$1,200 00 



Division of 299 

Savings Bank 
Life Insurance. 

300 



301 



302 



Division of Savings Bank Life Insurance: 

For personal services of officers and employees, a 
sum not exceeding twenty-three thousand four 
hundred doUars $23,400 00 

For pubUcity, including traveling expenses of one 

person, a sum not exceeding two thousand dollars 2,000 00 

For services other than personal, printing the annual 
report and travehng expenses, office supplies and 
equipment, a sum not exceeding fifty-five hundred 
dollars . . . . . . . . 5,500 00 

For encouraging and promoting old age annuities 
and the organization of mutual benefit associa- 
tions among the employees of industrial plants in 
the commonwealth, a sum not exceeding thirty- 
two hundred doUars 3,200 00 

Total $34,100 00 



Department of 303 

Corporations 

and Taxation. 

Corporation 

and Tax 

Divisions. 



304 



305 
306 



Service of the Department of Corporations and Taxation. 

Corporation and Tax Divisions: 

For the salary of the commissioner, a sum not ex- 
ceeding seven thousand dollars .... $7,000 00 

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 
eighty -nine thousand doUars .... 189,000 00 

For travehng expenses, a sum not exceeding seven 

thousand dollars 7,000 00 

For other services and for necessary office supplies 
and equipment, and for printing the annual report, 
other publications and valuation books, a sum not 
exceeding tliirty thousand dollars . . . 30,000 00 

Total $233,000 00 



Income Tax 
Division. 



Income Tax Division (the three following appro- 
priations are to be made from the receipts from 
the income tax): 
307 For personal services of the deputy, assistants, as- 
sessors, assistant assessors, clerks, stenographers 
and other necessary assistants, a sum not exceed- 
ing three hundred eighty-eight thousand five 
hundred dollars ...... 



$388,500 00 



Acts, 1928. — Chap. 127. 



103 



Item 
308 

309 



For traveling expenses of members of tlie division, 
a sum not exceeding ten thousand dollars . 

For services other than personal, and for office sup- 
plies and equipment, a sum not exceeding one 
hundred twenty thousand dollars 

Total 



Division of Accounts: 

310 For personal services, a sum not exceeding sixty-five 

thousand five hundred dollars .... 

311 For other expenses, a sum not exceeding thirteen 

thousand five hundred dollars .... 

312 For services and expenses of auditing and installing 

systems of municipal accounts, the cost of which 
is to be assessed upon the municipalities for wliich 
the work is done, a sum not exceeding one hun- 
dred forty-five thousand dollars 

313 For the expenses of certain books, forms and other 

material, wliich may be sold to cities and towns 
requiring the same for maintaining their system 
of accounts, a sum not exceeding ten thousand 
dollars ........ 

Total 

Reimbursement for loss of taxes: 

314 For reimbursing cities and towns for loss of taxes on 

land used for state institutions and certain other 
state activities, as certified by the commissioner of 
corporations and taxation for the fiscal year 
ending November thirtieth, nineteen hundred and 
twenty-eight, a sum not exceeding one hundred 
four thousand dollars ..... 



Income Tax 
$10,000 00 Division. 



120,000 00 



$518,500 00 



$65,500 00 
13,500 00 

145,000 00 

10,000 00 
$234,000 00 



Division of 
Accounts. 



Reimbursement 
of cities and 
towns for loss 
of certain taxes. 



$104,000 00 



Service of the Department of Education. 

315 For the salary of the commissioner, a sum not ex- 

ceeding nine thousand dollars .... $9,000 00 

316 For personal services of officers, agents, clerks, 

stenographers and other assistants, but not includ- 
ing those employed in university extension work, 
a sum not exceeding ninety thousand five hundred 
dollars 90,500 00 

317 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 
exceeding eighty-five hundred dollars . . 8,500 00 

318 For services other than personal, necessary office 

supplies, and for printing the annual report and 
bulletins as provided by law, a sum not exceeding 
thirteen thousand dollars ..... 13,000 00 

319 For expenses incidental to furnishing school com- 

mittees with rules for testing the sight and hearing 
of pupils, a sum not exceeding eight hundred 
dollars 800 00 

320 For printing school registers and other school blanks 

for cities and towns, a sum not exceeding three 

thousand dollars . . . . . 3,000 00 

321 For assisting small towns in providing themselves 

with school superintendents, as provided by law, 
a sum not exceeding one hundred one thousand 
doUars 101,000 00 



Department 
of Education. 



104 



Acts, 1928. — Chap. 127. 



Department 
of Education. 



Item 

322 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 provided 
by law, a sum not exceeding one hundred eighty- 
two thousand dollars $182,000 00 

323 For the reimbursement of certain to^vns for the 

transportation of pupils attending high schools 
outside the towns in which they reside, as pro- 
vided by law, a sum not exceeding one hundred 
seventy-two thousand dollars .... 172,000 00 

324 For the reimbursement of certain cities and towns 

for a part of the expense of maintaining agricul- 
tural and industrial vocational schools, as pro- 
vided by law, a sum not exceeding one milhon 
three hundred forty-five thousand one hundred 
thirty dollars and thirty-six cents . . . 1,345,130 36 

325 For the promotion of vocational rehabihtation in 

cooperation with the federal government, with 
the approval of the department of education, a 
sum not exceeding sixteen thousand dollars . 16,000 00 

326 For aid to certain persons receiving instruction in the 

courses for vocational rehabilitation, as authorized 
by section twenty-two B of chapter seventy-four 
of the General Laws, inserted by chapter four hun- 
dred and thirty-four of the acts of nineteen hun- 
dred and twenty-three, a sum not exceeding three 
thousand dollars 3,000 00 

327 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 ninety-six thou- 
sand dollars 396,000 00 

328 For expenses of holding teachers' institutes, a sum 

not exceeding three thousand dollars . . . 3,000 00 

329 For aid to certain pupils in normal schools, under the 

direction of the department of education, a sum 

not exceeding four thousand dollars . . . 4,000 00 

330 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 
five hundred dollars 30,500 00 

Total $2,377,430 36 



English-speak- 
ing Classes 
for Adults. 



EngUsh-speaking Classes for Adults: 

331 For personal services of administration, a sum not 

exceeding ten thousand four hundred dollars . $10,400 00 

332 For other expenses of administration, a sum not ex- 

ceeding four thousand dollars .... 4,000 00 

333 For reimbursement of certain cities and towns, a 

sum not exceeding one hundred sixty-five thou- 
sand dollars 165,000 00 

Total $179,400 00 



University 
Extension 
Courses. 



University Extension Courses : 

334 For personal services, a sum not exceeding one hun- 

dred tliirty-three thousand eight hundred dollars . $133,800 00 

335 For other expenses, a sum not exceeding thirty-nine 

thousand six hundred dollars .... 39,600 00 



Total 



$173,400 00 



Acts, 1928. — Chap. 127. 



105 



Item 



336 
337 



338 



339 



340 



341 
342 



343 



344 



345 



346 



Division of Immigration and Americanization: 
For personal services, a sum not exceeding thirty- 
nine thousand six lumdred dollars 
For other expenses, a sum not exceeding seven thou- 
sand dollars ....... 

Total 

Division of Public Libraries: 

For personal services of regular agents and office 
assistants, a sum not exceeding eleven thousand 
eight hundred and ninety dollars 

For other services, including printing the annual 
report, traveling expenses, necessary office supplies 
and expenses incidental to the aiding of pubUc 
libraries, a sum not exceeding fourteen thousand 
three hundred dollars ..... 

Total 

Division of the Blind : 

For general administration, furnishing information, 
industrial and educational aid, and for carrying 
out certain provisions of the laws estabhshing said 
division, a sum not exceeding forty-three thou- 
sand two hundred dollars ..... 

For the maintenance of local shops, a sum not ex- 
ceeding seventy-eight thousand dollars 

For maintenance of Woolson House industries, so- 
called, to be expended under the authority of said 
division, a sum not exceeding thirty-two thousand 
two hundred and ninety dollars 

For the maintenance of certain industries for men, 
to be expended under the authority of said divi- 
sion, a sum not exceeding one hundred forty-three 
thousand four hundred and thirty dollars . 

For instruction of the adult blind in their homes, a 
sima not exceeding fifteen thousand seven hundred 
dollars . . . . . . . 

For expenses of providing sight-saving classes, with 
the approval of the division of the blind, a sum not 
exceeding fifteen thousand two hundred and fifty 
dollars ........ 

For aiding the adult bhnd, subject to the conditions 
provided by law, a sum not exceeding one hundred 
thirty thousand dollars ..... 

Total 



Division of 
Immigr 
and Am 
ization. 



),600 00 Immigration 

and American- 



7,000 00 



$46,600 00 



Division of 
Public 
L 1,890 00 Libraries. 



14,300 00 
$26,190 00 



Division of 
the Blind. 



$43,200 00 
78,000 00 

32,290 00 

143,430 00 
15,700 00 

15,250 00 

130,000 00 
$457,870 00 



Teachers' Retirement Board: 

347 For personal services of employees, a sum not ex- 

ceeding eleven thousand two hundred dollars 

348 For services other than personal, including printing 

the annual report, traveling expenses and office 
supplies and equipment, a sum not exceeding 
twenty-four hundred dollars .... 

349 For payment of pensions to retired teachers, a sum 

not exceeding five hundred forty thousand dollars 

350 For reimbursement of certainjcities and towns for 

pensions to retired teachers, a sum not exceeding 
one hundred thirty-eight thousand five hundred 
sixty-nine dollars and twenty-one cents 

Total 



$11,200 00 Retirement 
' Board. 



2,400 00 
540,000 00 



138,569 21 



,169 21 



106 



Acts, 1928. — Chap. 127. 



Massachusetts 

Nautical 

School. 



Item 



351 



352 



353 



Massachusetts Nautical School: 

For personal services of the secretary and office 
assistants, a sum not exceeding forty-three hun- 
dred and fifty dollars . . . . . $4,350 00 

For services other than regular clerical services, 
including printing the annual report, rent, office 
supplies and equipment, a sum not exceeding 
twenty-three hundred dollars .... 2,300 00 

For the maintenance of the school and ship, a sum 
not exceeding eighty-seven thousand and seventy- 
five dollars 87,075 00 



Total 



$93,725 00 



Maintenance 
and improve- 
ment of state 
normal schools. 



Bridgewater 
normal school. 



Fitchburg 
normal school. 



Framingham 
normal school. 



Hyannis 
normal school. 



Lowell 
normal school. 

North Adams 
normal school. 



Salem normal 
school. 

Westfield 
normal school. 



For the maintenance of and for certain improve- 
ments at the state normal schools, and the 
boarding halls attached thereto, with the 
approval of the commissioner of education, as 
follows : 

354 Bridgewater normal school, a sum not exceeding one 

hundred forty-eight thousand two hundred and 

fifty doUars $148,250 00 

355 Bridgewater normal school boarding hall, a sum not 

exceeding eighty thousand dollars . . . 80,000 00 

355a For remodeling a building and relocating the heating 
and power plant at the Bridgewater normal school, 
including the purchase of certain equipment and 
the expense of setting up the same, and the mov- 
ing and setting up of certain used equipment, a 
sum not exceeding eighty-two thousand dollars . 82,000 00 

356 Fitchburg normal school, a sum not exceeding one 

hundred sixty-four thousand eight hundred dollars 164,800 00 

357 Fitchburg normal school boarding hall, a sum not 

exceeding fifty-five thousand dollars . . . 55,000 00 

358 For the purchase of certain land for the Fitchburg 

normal school, a sum not exceeding seven thou- 
sand dollars . $7,000 00 

359 Framingham normal school, a sum not exceeding one 

hundred sixty-four thousand two hundred and 

fifty doUars 164,250 00 

360 Framingham normal school boarding hall, a sum not 

exceeding ninety-two thousand dollars . . 92,000 00 

361 For the construction of a coal pocket at the Fram- 

ingham normal school, a sum not exceeding seven 

thousand dollars . . . . . . 7,000 00 

361a For certain grading and resurfacing to complete the 
athletic field at the Framingham normal school, 
a sum not exceeding fifteen hundred dollars . 1,500 00 

362 Hyannis normal school, a sum not exceeding fifty- 

eight thousand seven hundred and fifty dollars . 58,750 00 

363 Hyannis normal school boarding hall, a sum not 

exceeding thirty-six thousand five hundred dollars 36,500 00 

364 Lowell normal school, a sum not exceeding seventy- 

five thousand one hundred and seventy-five dollars 75, 1 75 00 

365 North Adams normal school, a sum not exceeding 

eighty-six thousand five hundred dollars . . 86,500 00 

366 North Adams normal school boarding hall, a sum 

not exceeding tliirty-five thousand dollars . . 35,000 00 

367 Salem normal school, a sum not exceeding one hun- 

dred five thousand seven hundred dollars . . 105,700 00 

368 Westfield normal school, a sum not exceeding eighty- 

three thousand six hundred dollars . . . 83,600 00 

369 Westfield normal school boarding hall, a sum not 

exceeding twenty-eight thousand dollars . . 28,000 00 



Acts, 1928. — Chap. 127. 



107 



Item 

370 
371 
372 
373 



374 



375 



37G 



377 

378 



379 

380 
381 



Worcester normal school, a sum not exceeding 
ninety-five thousand two hundred and fifty dollars 

Worcester normal school boarding hall, a sum not 
exceeding nine thousand dollars 

Massachusetts School of Art, a sum not exceeding 
one hundred six thousand one hundred dollars 

For all necessary expenses in connection wath the 
selection and purchase of a site, the employment 
of architects and engineers, and authority to let 
contracts and incur expenses for a new building 
for the Massachusetts School of Art, at a total 
cost not to exceed six hundred thousand dollars, 
of which sum one hundred and fifty thousand 
dollars is hereby appropriated in anticipation of a 
further appropriation of four hundred and fifty 
thousand dollars in the fiscal year nineteen hun- 
dred and twenty-nine ..... 



$95,250 00 normal school. 

9,000 00 

Massachusetts 
106,100 00 School of Art. 



Total 

Textile Schools: 

For the maintenance of the Bradford Durfee textile 
school of Fall River, a sum not exceeding seventy- 
one thousand and fifty 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 ...... 

For the maintenance of the Lowell textile school, a 
sum not exceeding one hundred sixty-four thou- 
sand three hundred dollars, of which sum ten 
thousand dollars is to be contributed by the city 
of Lowell, and the city of Lowell is hereby au- 
thorized to raise by taxation the said sum of ten 
thousand dollars ...... 

For the maintenance of the New Bedford textile 
school, a sum not exceeding seventy-eight thou- 
sand three hundred dollars, of which sum ten thou- 
sand 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 ..... 

Total 

Massachusetts Agricultural College: 

For maintenance and current expenses, a sum not 
exceeding nine hundred forty-six thousand eight 
himdred and sixty dollars ..... 

For an emergency fund to meet the needs of harvest- 
ing big crops or other unforeseen conditions, which 
clearly indicate that additional revenue will be 
produced to equal the expenditure, a sum not 
exceeding five thousand dollars, provided, how- 
ever, that this appropriation be available only 
after approval of particular projects covered by 
it has been obtained from the governor and coun- 
cU 

For enlarging and remodeling the building known 
as the veterinary science laboratory, a sum not 
exceeding forty thousand dollars 

For the purchase of certain land adjoining the cam- 
pus, a sum not exceeding twelve thousand dollars 

For the construction of a farm cottage, a sum not 
exceeding seventy-five hundred dollars 



150,000 00 
$1,671,375 00 



Bradford 
Durfee textile 
school of Fall 
River. 



$71,050 00 



Lowell 
textile school. 



164,300 00 



New Bedford 
textile school. 



78,300 00 
$313,650 00 



$946,860 00 



Massachusetts 

Agricultural 

College. 



5,000 00 



40,000 00 

12,000 00 

7,500 00 



108 



Acts, 1928. — Chap. 127. 



Massacliusetts 

Agricultural 

College. 



Item 

382 
383 



384 



385 



For the renovation of a certain farmhouse, a sum not 
exceeding seventy-five hundred dollars . . $7,500 00 

For the installation of a system of refrigeration for 
the Fisher laboratory, a sum not exceeding eight 
thousand dollars 8,000 00 

For the purchase of certain equipment for the power 
plant, a sum not exceeding eighteen thousand 
dollars . . 18,000 00 

For the purchase of certain land at the cranberry 
field station, a sum not exceeding eight hundred 
dollars ........ 



Total 



800 00 
$1,045,660 00 



Department of 38g 
Civil Service 
and Registra- 
tion. 



Service of the Department of Civil Service and Registration. 

Administration : 
For personal services of telephone operator for the 
department, a sum not exceeding twelve hundred 



dollars 



$1,200 00 



Division of 
Civil Service. 



Division of Civil Service: 

387 For the salaries of the commissioner and associate 

commissioners, a sum not exceeding nine thousand 

dollars $9,000 00 

388 For other personal services of the division, a sum not 

exceeding eighty-four thousand eight hundred 

dollars 84,800 00 

389 For other ser\'ices and for printing the annual report, 

and for office supphes and equipment, a sum not 
exceeding twenty-nine thousand nine hundred 
dollars . . . . . . . . 29,900 GO 

390 For services and traveUng 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 $124,700 00 



Diviaion of 
Registration. 



Division of Registration: 

391 For the salary of the director, a sum not exceeding 

eighteen hundred dollars . . . . . $1,800 00 

392 For clerical and certain other personal services of the 

division, a sum not exceeding twenty-five thou- 
sand three hundred dollars .... 25,300 00 

393 For services of the division other than personal, 

printing the annual reports, office supphes and 
equipment, except as otherwise provided, a sum 
not exceeding fifteen thousand two hundred dollars 15,200 00 

Total $42,300 00 



Board of 
Registration in 
Medicine. 



Board of Registration in Medicine: 

394 For services of the members of the board, a sum not 

exceeding forty-three hundred dollars . . $4,300 00 

395 For personal services of members of the board and 

examiners for the registration of chiropodists, a 

sum not exceeding six hundred dollars . . 600 00 

396 For travehng expenses, a sum not exceeding five 

hundred doUars 500 00 



Total 



$5,400 00 



Acts, 1928. - Chap. 127. 



109 



Item 



397 



398 



Board of Dental Examiners: 

For services of the members of the board and clerical 
assistance, a sum not exceeding tliirty-eight hun- 
dred dollars ....... 

For traveling expenses, a sum not exceeding fourteen 
hundred dollars ...... 

Total 



$3,800 00 
1,400 00 

$5,200 00 



Board of 
Dental Ex- 
aminers. 



Board of Registration in Pharmacy : 

399 For personal services of members of the board, a sum 

not exceeding thirty-eight hundred dollars . 

400 For personal services of agent, a sum not exceeding 

twenty-two hundred and eighty dollars 

401 For traveling expenses, a sum not exceeding forty- 

five hundred dollars, the same to include the pur- 
chase of an automobile for the use of the agent 

Total 



Board of 
53,800 00 Registration in 
Pharmacy. 

2,280 00 
4,500 00 



$10,580 00 



Board of Registration of Nurses : 

402 For services of members of the board, a sum not ex- 

ceeding twenty-one hundred dollars . 

403 For traveUng expenses, a sum not exceeding three 

hundred and sixty dollars ..... 

Total 



Board of 
$2,100 00 Registration of 



Nurses. 



360 00 



$2,460 00 



Board of Registration in Embalming: 

404 For compensation of members of the board, a sum 

not exceeding three hundred dollars . 

405 For traveUng expenses, a sum not exceeding one 

hundred and seventy-five dollars 

Total 



Board of 

$3oooofxTmiS!" 

175 00 



$475 00 



Board of Registration in Optometry : 

406 For personal services of members of the board, a sum 

not exceeding nineteen hundred dollars 

407 For traveling exj^enses, a sum not exceeding two 

hundred and fifty dollars ..... 

Total 



Board of 
[ 900 00 Registration in 
' Optometry. 

250 00 



i,150 00 



Board of Registration in Veterinary Medicine: 

408 For services of the members of the board and secre- 

tary, a sum not exceeding six hundred dollars 

409 For other services, printing the annual report, 

traveUng expenses, office supplies and equipment, 
a sum not exceeding three hundred dollars . 

Total 

State Examiners of Electricians: 

410 For traveUng expenses, a sum not exceeding fifteen 

hundred doUars ...... 



Board of 

$600 00 ^ifi^-t;;-- 

Medicine. 

300 00 



$900 00 



State Ex- 

$1,500 00 ITSi. 



Board of Registration of PubUc Accountants: 
411 For services of the members of the board, a sum not 
exceeding six hundred and seventy-five dollars 



Board of 
ffoTc r\r\ Registration of 
$675 00 Public Ac- 
countants. 



no 



Acts, 1928. — Chap. 127. 



Board of 
Registration of 
Public Ac- 
countants. 



Item 
412 



For expenses of examinations, including the prepara- 
tion and marking of papers, and for other ex- 
penses, a sum not exceeding twenty-four hundred 
and twenty-five dollars S2,425 00 

Total $3,100 00 



State Ex- 
aminers of 
Plumbers. 



State Examiners of Plumbers: 

413 For services of the members of the board, a sum not 

exceeding eleven hundred dollars . . 

414 For traveling expenses, a sum not exceeding three 

hundred and fifty dollars ..... 

Total 



[,100 00 
350 00 



$1,450 00 



Department of 

Industrial 

Accidents. 



415 
416 



417 
418 
419 



Department of 
Labor and 
Industries. 



420 



421 



422 



423 



424 



42^ 



420 



427 
428 



Service of the Department of Industrial Accidents. 

For personal services of members of the board, a sum 
not exceeding thirty-nine thousand dollars . . $39,000 00 

For personal services of secretaries, medical adviser, 
inspectors, clerks and office assistants, a sum not 
exceeding one hundred twenty-three thousand two 
hundred doUars . ... . . 123,20000 

For expenses of impartial examinations, a sum not 
exceeding nineteen thousand dollars . . . 19,000 00 

For traveling expenses, a sum not exceeding seventy- 
three hundred and fifty dollars .... 7,350 00 

For other services, printing the annual report, 
necessary office suppUes and equipment, a sum 
not exceeding twelve thousand dollars . . 12,000 00 



Total . 



$200,550 00 



Service of the Department of Labor and Industries. 

For the salaries of the commissioner, assistant and 
associate commissioners, a sum not exceeding 
twenty thousand five hundred dollars . . $20,500 00 

For clerical and other assistance to the commissioner, 
a sum not exceeding forty-four hundred and 
seventy dollars . . . . . . 4,470 00 

For personal services for the inspectional service, a 
sum not exceeding one hundred twenty-two thou- 
sand doUars . . . . . , . . 122,000 00 

For personal services for the statistical service, a sum 
not exceeding thirty-nine thousand five hundred 
doUars 39,500 00 

For clerical and other personal services for the opera- 
tion of free employment offices, a sum not exceed- 
ing fifty-two thousand two himdred dollars . 52,200 00 

For clerical and other assistance for the board of con- 
ciHation and arbitration, a sum not exceeding 
sixteen thousand dollars ..... 16,000 00 

For personal services of investigators, clerks and 
stenographers for the minimum wage service, a 
sum not exceeding twelve thousand dollars . 12,000 00 

For compensation and expenses of wage boards, a 

sum not exceeding twenty-five hundred dollars . 2,500 00 

For personal services for the division of standards, 
a sum not exceeding twenty-nine thousand one 
hundred and sixty dollars . . . . 29,160 00 



Acts, 1928. — Chap. 127. 



Ill 



Item 

429 



430 



431 



432 



433 



434 



For traveling expenses of the commissioner, assistant 
commissioner, associate commissioners and in- 
spectors of labor, and for services other than 
personal, printing the annual report, rent of dis- 
trict offices, and office supplies and equipment for 
the inspectional service, a sum not exceeding thirty 
thousand dollars ...... 

For services other than personal, printing reports 
and publications, travehng expenses and office 
supplies and equipment for the statistical service, 
a sum not exceeding eleven thousand dollars 

For rent, necessary office supplies and equipment 
for the free employment offices, a sum not exceed- 
ing fourteen thousand five hundred dollars 

For other services, printing, traveling expenses and 
office supphes and equipment for the board of 
conciliation and arbitration, a sum not exceeding 
four thousand dollars ..... 

For ser^^ces other than personal, printing, traveling 
expenses and office supplies and equipment for 
minimum wage service, a sum not exceeding thirty- 
three hundred doUars ..... 

For other services, printing, traveling expenses and 
office supplies and equipment for the division of 
standards, a sum not exceeding ninety-eight hun- 
dred dollars ....... 

Total 



Department of 
Labor and 
Industries. 



$30,000 00 



11,000 00 



14,500 00 



4,000 00 



3,300 00 



9,800 00 
$370,930 00 



Service of the Department of Mental Diseases. 

435 For the salary of the commissioner, a sum not exceed- 

ing nine thousand dollars ..... 

436 For personal services of officers and employees, a sum 

not exceeding one hundred thousand three hun- 
dred dollars ....... 

437 For transportation and medical examination of state 

charges under its charge for the present year and 
previous years, a sum not exceeding fourteen thou- 
sand dollars . . . . . . 

438 For the support of state charges boarded in families 

under its charge, or temporarily absent under its 
authority, for the present year and previous years, 
a sum not exceeding five thousand dollars . 

439 For the support of state charges in the Hospital 

Cottages for Children, a sum not exceeding seven- 
teen thousand nine hundred dollars . 

440 For the expenses of an investigation as to the nature, 

causes, results and treatment of mental diseases 
and defects, and the pubHcation of the results 
thereof, a sum not exceeding twenty-seven thou- 
sand five hundred dollars, the same to be in addi- 
tion to any amount heretofore appropriated for 
the purpose ....... 

441 For other services, including printing the annual 

report, traveling expenses and office supplies and 
equipment, a sum not exceeding seventeen thou- 
sand five hundred dollars ..... 

Total 



Department 

^000 00 -^.^^^} 



100,300 00 



14,000 00 



5,000 00 



17,900 00 



27,500 00 



17,500 00 
$191,200 00 



Psychiatric examination : 
442 For services and expenses of psychiatric examina- 
tions of prisoners, a sum not exceeding sixty-five 
thousand dollars ...... 



Psychiatric 
examination. 



$65,000 00 



112 



Acts, 1928. — Chap. 127. 



New Metro- 
politan Hos- 
pital. 



Item 



443 



New Metropolitan Hospital: 
For the further development of the new hospital in 
the metropolitan district, a sum not exceeding 
one million five hundred thousand dollars, the 
same to be in addition and for the same general 
purposes as the appropriation made by item four 
hundred and thirty-seven of chapter one hundred 
and thirty-eight of nineteen hundred and twenty- 



Si, 500,000 00 



Institutions 
under control 
of Depart- 
ment of Mental 
Diseases. 444 

Boston psycho- 
pathic hospital. 

445 



Boston state 
hospital. 



446 



447 



448 



Danvers 449 

state hospital. 



450 



451 



452 



Foxborough 453 

state hospital. 



454 



455 
456 



Gardner state 457 
colony. 

458 



459 



For the maintenance of and for certain improve- 
ments at the following institutions under the 
control of the Department of Mental Diseases: 

Boston psychopathic hospital, a sum not exceeding 
two hundred thirty-seven thousand nine hundred 
dollars . . . . . . . . $237,900 00 

For the purchase of X-ray equipment for the Boston 
psychopathic hospital, a sum not exceeding fifty- 
eight hundred dollars 5,800 00 

Boston state hospital, a sum not exceeding eight 
hundred twenty-eight thousand five hundred 
dollars . . . . . . . . 828,500 00 

For the construction and equipment of an adminis- 
tration building for the Boston state hospital, a 
sum not exceeding one hundred eighty thousand 
dollars . 180,000 00 

For the extension of sewer, water and steam lines to 
connect with the proposed administration building 
at the Boston state hospital, a sum not exceeding 
thirteen thousand dollars ..... 13,000 00 

Danvers state hospital, a sum not exceeding six hun- 
dred eighty-nine thousand five hundred and fifty 
dollars 689,550 00 

For the construction of a nurses' home, including 
furnishings, at the Danvers state hospital, a sum 
not exceeding one hundred forty-three thousand 
dollars 143,000 00 

For furnishings for male attendants' home at the 
Danvers state hospital, authorized in nineteen 
hundred and twenty-seven, a sum not exceeding 
forty-seven hundred dollars .... 4,700 00 

For changing and replacing certain elevators at the 
Danvers state hospital, a sum not exceeding 
twelve thousand four hundred dollars . . 12,400 00 

Foxborough state hospital, a sum not exceeding 
three hundred ninety-one thousand one hundred 
dollars 391,100 00 

For completing the alteration and renovation of 
wards C and D at the Foxborough state hospital, 
a sum not. exceeding seventeen thousand five hun- 
dred dollars, the same to be in addition to any 
amount heretofore appropriated for the purpose . 17,500 00 

(This item omitted.) 

For alterations and improvements in the boiler house 
and power plant at the Foxborough state hospital, 
a sum not exceeding eighteen thousand dollars . 18,000 00 

Gardner state colony, a sum not exceeding four hun- 
dred sixteen thousand and fifty dollars . . 416,050 00 

For the construction of additional filter beds at the 
Gardner state colony, a sum not exceeding eleven 
thousand dollars, the same to be in adcUtion to any 
amoimt heretofore appropriated for the purpose . 11,000 00 

For the construction of a coal trestle and side-track 
at the Gardner state colony, a sum not exceeding 
ten thousand seven hundred dollars . . . 10,700 00 



Acts, 1928. — Chap. 127. 



113 



Item 

460 For the construction of two officers' cottages at the 
Gardner state colony, a sum not exceeding ten 
thousand dollars $10,000 00 

460a For a contribution by the Gardner state colony 
toward the expense of repairing a certain road in 
the town of Westminster, a sum not exceeding one 

thousand dollars 1,000 00 

•461 Grafton state hospital, a sum not exceeding five 
hundred seventy-three thousand six hundred 
dollars 573,600 00 

462 For remodeling certain buildings on the Sinclair 

property, so-called, at the Grafton state hospital, 
a sum not exceeding thirty-five hundred dollars, 
the same to be in addition to any amount hereto- 
fore appropriated for the purpose . . . 3,500 00 

463 For the construction of additional sewer beds at the 

Grafton state hospital, a sum not exceeding 
seventy-three hundred dollars, the same to be in 
addition to any amount heretofore appropriated 
for the purpose 7,300 00 

464 For the installation of a sedation suite in the build- 

ing known as Pines D at the Grafton state hospital, 

a sum not exceeding sixty-eight hundred dollars . 6,800 00 

465 For alterations and improvements to the boiler house 

at the Grafton state hospital, a sum not exceeding 
thirty thousand dollars, the same to be in addition 
to the amount appropriated in nineteen hundred 
and twenty-seven for purchasing and setting up 
new boilers 30,000 00 

466 Medfield state hospital, a sum not exceeding six 

hundred thirty-two thousand six hundred and 

seventy dollars . . . . . . 632,670 00 

467 For the renovation of baths and toilets at the Med- 

field state hospital, a sum not exceeding ten thou- 
sand dollars, the same to be in addition to any 
amount heretofore appropriated for the purpose . 10,000 00 

468 For investigation and other expenses in connection 

■with the procuring of additional sources of water 
supply for the Medfield state hospital, a sum not 
exceeding eight thousand dollars . . . 8,000 00 

469 Northampton state hospital, a sum not exceeding 

four hundred sixty-two thousand seven himdred 

dollars 462,700 00 

470 For completion of the construction of a ward build- 

ing at the Northampton state hospital, a sum not 
exceeding seventy-eight thousand five hundred 
dollars, the same to be in addition to any amount 
heretofore appropriated for the purpose . . 78,500 00 

471 For completion of the nurses' home at the North- 

ampton state hospital, a sum not exceeding 
seventy-eight thousand two hundred and seventy- 
five dollars, the same to be in addition to any 
amount heretofore appropriated for the purpose . 78,275 00 

472 Taunton state hospital, a sum not exceeding five him- 

dred seventy thousand six hundred and twenty 

doUars 570,620 00 

472a For completion of the storehouse at the Taunton 
state hospital, including certain equipment, a sum 
not exceeding seven thousand dollars, the same to 
be in addition to any amoimt heretofore appro- 
priated for the purpose ..... 7,000 00 

473 For continuing the alteration and renovation of the 

rear center of the Taunton state hospital, a sum 
not exceeding one hundred thirteen thousand dol- 
lars, the same to be in addition to any amount 
heretofore appropriated for the purpose . . 113,000 00 



Gardner state 
colony. 



Grafton state 
hospital. 



Medfield state 
hospital. 



Northampton 
state hospital. 



Taunton state 
hospital. 



114 



Acts, 1928. — Chap. 127. 



Taunton state 
hospital. 



Westborough 
state hospital. 



Worcester 
state hospital. 



Monson state 
hospital. 



Belchertown 
state school. 



Walter E. 
Fernald state 
school. 



Templeton 
Colony of the 
Walter E. 
Fernald state 
school. 
Wrentham 
state school. 



Item 

473a For the purchase of certain land for the Taunton 
state hospital, a sum not exceeding four thousand 
dollars . . . . . . . . $4,000 00 

474 Westborough state hospital, a sum not exceeding five 

hundred seventy-one thousand eight hundred and 

eighty dollars 571,880 00 

475 For the construction of a salvage yard at the West- 

borough state hospital, a sum not exceeding three 

thousand dollars . . . ... 3,000 00 

476 Worcester state hospital, a sum not exceeding eight 

hundred seventeen thousand five hundred and ten 

doUars 817,510 00 

477 For the construction of two cottages for officers at 

the Worcester state hospital, a sum not exceeding 

twelve thousand doUars . . . . . 12,000 00 

478 Monson state hospital, a sum not exceeding four 

hundred forty-five thousand and forty dollars . 445,040 00 

479 For the construction of a male employees' home at 

the Monson state hospital, a sum not exceeding 
twelve thousand dollars, the same to be in addition 
to any amount heretofore appropriated for the 
purpose 12,000 00 

480 For the construction of a building for children at the 

Monson state hospital, a sum not exceeding one 

hundred fifteen thousand dollars . . . 115,000 00 

481 Belchertown state school, a sum not exceeding three 

hundred forty-one thousand one hundred and 

seventy dollars 341,170 00 

482 For the improvement of walks at the Belchertown 

state school, a sum not exceeding one thousand 
dollars, the same to be in addition to any amount 
heretofore appropriated for the purpose . . 1,000 00 

483 For furnishings for the administration building at 

the Belchertown state school, a sum not exceeding 

five thousand dollars ..... 5,000 00 

484 For the construction of a schoolhouse and gymnasium 

at the Belchertown state school, a sum not ex- 
ceeding eighty-five thousand dollars . . . 85,000 00 

485 For additional storage for fruit and vegetables at 

the Belchertown state school, a sum not exceed- 
ing thirty-five hundred dollars .... 3,500 00 

486 For the construction of a girls' dormitory at the 

Belchertown state school, a sum not exceeding one 

hundred thousand dollars 100,000 00 

487 For the construction of an employees' cottage at the 

Belchertown state school, a sum not exceeding 
twenty-seven thousand five hundred dollars . 27,500 00 

488 Walter E. Fernald state school, a sum not exceed- 

ing six hundred twenty-five thousand four hun- 
dred dollars . 625,400 00 

488a For the purchase of certain land for the Walter E. 
Fernald state school, a sum not exceeding fifteen 
thousand five hundred dollars .... 15,500 00 

489 For the construction of an addition to the school- 

house at Walter E. Fernald state school, a sum 

not exceeding twenty-five thousand dollars . 25,000 00 

490 For the expense of installing electric light and power 

at the Templeton Colony of the Walter E. Fernald 
state school, a sum not exceeding thirteen thou- 
sand dollars 13,000 00 

491 Wrentham state school, a sum not exceeding four 

hundred eighty-nine thousand one hundred dollars 489,100 00 

492 For resetting certain boilers at the Wrentham state 

school, a sum not exceeding eight thousand dollars 8,000 00 



Acts, 1928. — Chap. 127. 



115 



Item 
493 

494 

495 



For the construction of a nursery building at the 
Wrentham state school, a sum not exceeding fifty 
thousand dollars ...... 

For the purchase of a silo for the Wrentham 
state school, a sum not exceeding one thousand 
dollars ........ 

For the remodeling and improvement of a house to 
be used as a contagious hospital at the Wrentham 
state school, a sum not exceeding ten thousand 
dollars ........ 



Wrentham 
state school. 



$50,000 00 



1,000 00 



10,000 00 



Total 



),352,765 00 



Service of the Department of Correction. 

496 For the salary of the commissioner, a sum not ex- 

ceeding six thousand dollars . . . . 

497 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 seventy-six thousand six hundred dollars 

498 ' For services other than personal, including printing 

the annual report, necessary office supplies and 
equipment, a sum not exceeding seven thousand 
dollars ........ 

499 For traveling expenses of officers and employees of 

the department when required to travel in the 
discharge of their duties, a sum not exceeding 
ninety-five hundred dollars .... 

500 For the removal of prisoners, to and from state 

institutions, a sum not exceeding eight thousand 
dollars ........ 

501 For assistance to prisoners discharged from the state 

prison, Massachusetts reformatory, prison camp 
and hospital, and state farm, and to discharged 
female prisoners, a sum not exceeding thirteen 
thousand five hundred dollars .... 

502 For services of guards, and for the purchase of equip- 

ment needed for the employment of prisoners 
authorized by section eighty-two of chapter one 
himdred and twenty-seven of the General Laws, 
a sum not exceeding sixty-two hundred dollars . 

503 For the relief of the families and dependents of in- 

mates of state penal institutions, a sum not ex- 
ceeding five hundred dollars .... 



Department of 
$6,000 00 Correction. 



76,600 00 



7,000 00 



9,500 00 



8,000 00 



13,500 00 



6,200 00 



500 00 



Total 



$127,300 00 



504 



Special : 

Payments of the claims authorized by the fol- 
lowing appropriations shall be certified by the 
comptroller of the commonwealth only upon 
the filing of satisfactory releases or other 
evidences that the payments are accepted in 
full compensation on the part of the com- 
monwealth in respect thereto: 
For Sanford Bates, for reimbursement for legal 
services incurred in the defense of a suit brought 
on account of an accident caused by an automo- 
bile in which he was riding, the sum of two hun- 
dred and fifty doUars ..... 



Special 
claims. 



$250 00 



116 



Acts, 1928. — Chap. 127. 



Special 
claims. 



Institutions 
under control 
of Department 
of Correction. 

State farm. 



State prison. 


509 


Massachusetts 
reformatory. 


510 




511 


Prison camp 
and hospital. 


512 




513 


Reformatory 
for women. 


514 




515 




515a 



State prison 
colony. 



Item 

504a For Eugene B. Sleeper, for reimbursement for legal 
services and for a judgment on account of an acci- 
dent caused by an automobile driven by said 
Sleeper, the sum of nine hundred dollars . . $900 00 

Total $1,150 00 

For the maintenance of and for certain improve- 
ments at the following institutions under the 
control of the Department of Correction: 

505 State farm, a sum not exceeding five hundred eighty- 

five thousand five hundred and forty dollars . $585,540 00 

506 For repairs to cement yards and walks at the state 

farm, a sum not exceeding four thousand dollars, 
the same to be in addition to any amoimt hereto- 
fore appropriated for the purpose . . . 4,000 00 

507 For the purchase of laundry machinery for the state 

farm, a sum not exceeding twelve thousand five 
hundred dollars, the same to be in addition to any 
amount heretofore appropriated for the purpose . 12,500 00 

508 For alterations to buildings at the state farm, for the 

purpose of relocating the kitchen and replacing 
certain cell space due to these changes, a sum not 
exceeding nineteen thousand dollars . . . 19,000 00 

State prison, a sum not exceeding three hundred 
sixty-one thousand four himdred dollars . . 361,400 00 

Massachusetts reformatory, a sum not exceeding 
three hundred eighty-five thousand three hundred 
dollars . . . _ 385,300 00 

For the purchase of a certain parcel of land for the 
Massachusetts reformatory, a sum not exceecUng 
eight hundred dollars . . . . . 800 00 

Prison camp and hospital, a sum not exceeding 
seventy-four thousand one hundred and ninety 
doUars . . . . . . . . 74,190 00 

For the purchase of certain houses for the prison 
camp and hospital, a sum not exceeding one thou- 
sand dollars . 1,000 00 

Reformatory for women, a sum not exceedmg one 
hundred sixty-seven thousand three hundred 
doUars ........ 167,300 00 

For the town of Framingham, according to a con- 
tract for sewage disposal at the reformatory for 
women, the sum of six himdred dollars . . 600 00 

For the payment of services in preparing the plans 
for a new coal trestle at the reformatory for 
women, a sum not exceeding one hundred thirty- 
seven doUars and twelve cents .... 137 12 

516 For the construction of certain barns at the reform- 

atory for women, a sum not exceeding ten thou- 
sand doUars . . . ... . 10,000 00 

517 State prison colony, a sum not exceeding sixty-four 

thousand seven hundred doUars . . . 64,700 00 

518 For the purchase of certain land and for the con- 

struction of buildings in connection with the es- 
tabUshment of the state prison colony, a sum not 
exceeding two hundred thousand dollars . . 200,000 00 



Total 



$1,886,467 12 



Department of 
Public Welfare. 



519 



Service of the De-parlment of Public Welfare. 

Administration : 
For the salary of the commissioner, a sum not ex- 
ceeding six thousand doUars .... 



$6,000 00 



Acts, 1928. — Chap. 127. 



117 



Item 

520 
521 



For personal services of officers and employees and 
supervision of homesteads and planning boards, 
a sum not exceeding thirty-two thousand dollars . 

For services other than personal, printing the annual 
report, traveling expenses, including expenses of 
auxiMary visitors, office supplies and expenses, and 
contingent expenses for the supervision of home- 
steads and planning boards, a sum not exceeding 
six thousand dollars ..... 

Total 



Department of 
Public Welfare. 



$32,000 00 



6,000 00 
$44,000 00 



Division of Aid and Relief: 

522 For personal services of officers and -employees, a 

sum not exceeding one hundred fifteen thousand 

five hundred and thirty dollars .... $115,530 00 

523 For services other than personal, including traveling 

expenses and office suppUes and equipment, a sum 

not exceeding twenty thousand dollars . . 20,000 00 

524 For the transportation of state paupers under the 

charge of the department, for the present year and 
previous years, a sum not exceeding ten thousand 
doUars 10,000 00 



Division of 
Aid and Relief. 



The following items are for reimbursement of 
cities and towns for expenses of the present 
year and previous years, and are to be in addi- 
tion to any amounts heretofore appropriated for 
the purpose: 

525 For the payment of suitable aid to mothers with de- 

pendent children, a sum not exceeding five hun- 
dred sixty thousand dollars .... 

526 For the burial of state paupers by cities and tow^ns, a 

sum not exceeding thirty-eight hundred dollars . 

527 For expenses in connection with smallpox and other 

diseases dangerous to the public health, a sum not 
exceeding seventy-five thousand dollars 

528 For the support of sick paupers by cities and towns, 

including cases of wife settlement, a sum not ex- 
ceeding ninety-five thousand doUars . 

529 For temporary aid given to state paupers and ship- 

wrecked seamen by cities and towns, a sum not 
exceeding six hundred fifty thousand dollars 

Total 



Reimbursement 
of cities and 
Kcn OAO r\f\ towns for pay- 
560,000 00 ment of certain 
aid, etc. 

3,800 00 



75,000 00 



95,000 00 



650,000 00 
$1,529,330 00 



Division of Child Guardianship: 

530 For personal services of officers and employees, a sum 

not exceeding one hundred seventy thousand dol- 
lars $170,000 00 

531 For services other than personal, office supplies and 

equipment, a sum not exceeding forty-three hun- 
dred and fifty dollars 4,350 00 

532 For tuition in the pubUc schools, including trans- 

portation to and from school, of cliildren boarded 
or bound out by the department, for the present 
and previous years, a sum not exceeding two hun- 
dred five thousand dollars . . . . 205,000 00 

533 For the care and maintenance of children, for the 

present and previous years, a sum not exceeding 

nine hundred eighty-five thousand dollars . . 985,000 00 

534 (This item combined with Item 533.) 

Total $1,364,350 00 



Division of 
Child Guar- 
dianship. 



118 



Acts, 1928. — Chap. 127. 



Item 



Division of 535 

Juvenile 

Training, 

Trustees of 

Massachusetts 536 

Training 

Schools. 



Boys' Parole. 537 



538 



539 



Girls' Parole. 540 



541 



Reimbursement 542 
of cities and 
■ towns for 
tuition of 
children, etc. 



Institutions 
under control 
of Massachu- 
setts training 
schools. 

Industrial 543 

school for boys. 

544 



545 



Industrial 
school for girls. 



546 



547 



Lyman school 548 
for boys. 



Division of Juvenile Training, Trustees of Massa- 
chusetts Training Schools: 

For services of the secretary and certain other per- 
sons employed in the executive office, a sumjiot 
exceeding eleven thousand seven hundred dollars $11,700 00 

For services other than personal, including printing 
the annual report, traveling and other expenses 
of the members of the board and employees, office 
suppUes and equipment, a sum not exceeding 
thirty-three hundred dollars .... 3,300 00 

Boys' Parole: 

For personal services of agents in the division for 
boys paroled and boarded in families, a sum not 
exceeding thirty-sijt thousand seven himdred and 
fifty doUars . . . , . . . 36,750 00 

For services other than personal, ineluding traveling 
expenses of the agents and boys, and necessary 
office supphes and equipment, a simi not exceeding 
twenty thousand dollars 20,000 00 

For board, clothing, medical and other expenses in- 
cidental to the care of boys, a sum not exceeding 
seventeen thousand dollars .... 17,000 00 

Girls' Parole: 

For personal services of agents in the division for 
girls paroled from the industrial school for girls, a 
sum not exceeding twenty-eight thousand eight 
hundred dollars . . . . . . 28,800 00 

For traveling expenses of said agents for girls paroled, 
for board, medical and other care of girls, and for 
services other than personal, office supplies and 
equipment, a sum not exceeding thirteen thou- 
sand eight hundred dollars .... 13,800 00 

Tuition of children: 
For reimbursement of cities and towns for tuition of 
children attending the public schools, a sum not 
exceeding forty-five hundred dollars . . . 4,500 00 

Total $135,850 00 

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 : 

Industrial school for boys, a sum not exceeding one 

hundred sixty-eight thousand nine himdred dollars $168,900 00 

For reconstruction of a certain building for housing 
employees at the industrial school for boys, a sum 
not exceeding four thousand dollars . . . 4,000 00 

For constructing an extension to the shop building 
at the industrial school for boys, a sum not exceed- 
ing twenty thousand dollars .... 20,000 00 

Industrial school for girls, a sum not exceeding one 
hundred forty-eight thousand eight hundred and 
fifty doUars 148,850 00 

For building an extension to the storehouse over the 
vegetable cellar and for purchasing certain equip- 
ment, for the industrial school for girls, a sum not 
exceeding fifteen thousand dollars . . . 15,000 00 

Lyman school for boys, a sum not exceeding two 

hundred forty-one thousand nine hundred dollars 241,900 00 



Total . 



$598,650 00 



Acts, 1928. —Chap. 127. 



119 



Item 



549 



550 



551 



552 



553 



554 



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 
ninety thousand four hundred and sixty dollars . 

State Infirmary: 

For the maintenance of the state infirmary, to be 
expended with the approval of the trustees thereof, 
a sum not exceeding nine hundred sixty-four thou- 
sand six hundred dollars ..... 

For certain changes in the laundry building and for 
the purchase of new equipment, a sum not exceed- 
ing twenty thousand dollars .... 

For the purchase and erection of a water tower, a 
sum not exceeding twenty-seven thousand five 
hundred dollars ...... 

For the cost of purchasing and setting up certain 
equipment in the power house, a sum not exceeding 
thirty thousand dollars ..... 

For rebuilding certain roads and walks, a sum not 
exceeding eight thousand dollars 

Total 3 





Massachusetts 

Hospital 

School. 


$190,460 00 






State Infirmary, 


$964,600 00 




20,000 00 




27,500 00 




30,000 00 




8,000 00 




51,050,100 00 





Service of the Department of Public Health. 

Administration : 

555 For the salary of the commissioner, a sum not ex- 

ceeding seventy-five hundred dollars . 

556 For personal services of the health council and office 

assistants, a sum not exceeding eighteen thou- 
sand eight hundred dollars .... 

557 For services other than personal, including printing 

the annual report, travehng expenses, office sup- 
plies and equipment, a sum not exceeding ten 
thousand dollars ...... 

Division of Hygiene : 

558 For personal services of the director and assistants, 

a sum not exceeding thirty-one thousand dollars . 

559 For services other than personal, traveling expenses, 

office supplies and equipment, a sum not exceed- 
ing fifteen thousand five hundred dollars 

Maternal and Child Hygiene: 

560 For personal services for extending the activities of 

the division in the protection of mothers and con- 
servation of the welfare of children, a sum not 
exceeding twenty thousand dollars 

561 For other expenses for extending the activities of the 

division in the protection of mothers and con- 
servation of the welfare of children, a sum not 
exceeding ten thousand dollars .... 

Divisi6n of Communicable Diseases : 

562 For personal services of the director, district health 

officers and their assistants, epidemiologists, bac- 
teriologist and assistants in the diagnostic labora- 
tory, a sum not exceeding sixty thousand two 
hundred and fifty dollars ..... 

563 For services other than personal, travehng expenses, 

laboratory, office and other necessary suppUes, 
including the purchase of animals and equipment, 
and rent of certain offices, a sum not exceeding 
sixteen thousand five hundred dollars 



Department of 
$7,500 00 Public Health. 
Administration . 

18,800 00 



10,000 00 



Division of 
31,000 00 Hygiene. 



15,500 00 



Maternal and 
Child Hygiene. 



20,000 00 



10,000 00 



Division of 

Communicable 

Diseases. 



60,250 00 



16,500 00 



120 



Acts, 1928. — Chap. 127. 



Venereal 
diseases. 



Item 



564 

565 



The appropriations made in the following four 

items are to be in addition to any federal funds 

now in the treasury, or hereafter received, which 

may be used for these purposes: 

For personal services for the control of venereal 

diseases, a sum not exceeding ten thousand dollars 

For services other than personal, traveling expenses, 

office suppUes and equipment, a sum not exceeding 

thirty-three thousand dollars .... 



$10,000 00 



33,000 00 



Wassermann 
Laboratory. 



Wassermann Laboratory: 

566 For personal services of the Wassermann laboratory, 

a sum not exceeding fourteen thousand dollars . 14,000 00 

567 For expenses of the Wassermann laboratory, a sum 

not exceeding fifty-one hundred dollars . . 5,100 00 



Antitoxin and 

Vaccine 

laboratories. 



568 



569 



Antitoxin and Vaccine laboratories: 
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 fifty- 
nine thousand dollars ..... 59,000 00 
For other services, supplies, materials and equip- 
ment necessary for the production of antitoxin 
and other materials as enumerated above, a sum 
not exceeding thirty-seven thousand five hundred 
doUars 37,500 00 



Inspection of 
Food and 
Drugs. 



Inspection of Food and Drugs : 

570 For personal services of the director, analysts, in- 

spectors and other assistants, a sum not exceeding 

forty-five thousand two hundred dollars . . 45,200 00 

571 For other services, including traveling expenses, sup- 

plies, materials and equipment, a sum not exceed- 
ing twelve thousand five hundred dollars . . 12,500 00 

571a For personal services for administering the law 
relative to shellfish, a sum not exceeding eighteen 
hundred dollars . . . . . . 1,800 00 

571b For other expenses for administering the law relative 
to shellfish, a sum not exceeding twelve hundred 
doUars 1,200 00 



Water Supply 
and Disposal 
of Sewage, 
Engineering 
Division. 



Water Supply and Disposal of Sewage, Engineer- 
ing Division: 

572 For personal services of the director, engineers, clerks 

and other assistants, a sum not exceeding sixty- 
two thousand dollars 62,000 00 

573 For other services, including traveling expenses, 

supplies, materials and equipment, a sum not ex- 
ceeding seventeen thousand three hundred dollars 17,300 00 



Water Supply 
and Disposal 
of Sewage, 
Division of 
Laboratories. 



Water Supply and Disposal of Sewage, Division 
of Laboratories : 

574 For personal services of laboratory director, chem- 

ists, clerks and other assistants, a sum not exceed- 
ing thirty-eight thousand dollars . . . 38,000 00 

575 For other services, including traveling expenses, 

supplies, materials and equipment, a sum not ex- 
ceeding eighty-one hundred dollars . . . 8,100 00 



Total 



$534,250 00 



Acts, 1928. — Chap. 127. 



121 



Item 



576 



)77 



578 



Cancer Clinics: 

For personal services of certain cancer clinics, a sum 
not exceeding twenty thousand five hundred 
dollars . . . . . . . 

For other expenses of certain cancer clinics, a sum 
not exceeding twenty-nine thousand five hundred 
dollars . . . . . . . 

For the care of radium after purchase, as authorized 
by chapter three hundred and twenty-eight of the 
acts of nineteen hundred and twenty-seven, a sum 
not exceeding ten thousand dollars . 

Total 



Cancer Clinics. 



$20,500 00 



29,500 00 



10,000 00 



$60,000 00 



Division of Tuberculosis: 

579 For personal services of the director, stenographers, 

clerks and other assistants, a sum not exceeding 

thirty-three thousand two hundred dollars . . $33,200 00 

580 For services other than personal, including printing 

the annual report, traveling expenses and office 
suppUes and equipment, a sum not exceeding ten 
thousand two hundred dollars .... 10,200 00 

581 To cover the payment of certain subsidies for the 

maintenance of hospitals for tubercular patients, 
a sum not exceeding two hundred thirty-two 
thousand doUars 232,000 00 

582 For personal services for certain children's clinics 

for tuberculosis, a sum not exceeding thirty-nine 

thousand doUars 39,000 00 

583 For other services for certain children's clinics for 

tuberculosis, a sum not exceeding seventeen thou- 
sand two himdred dollars ..... 17,200 00 



Division of 
Tuberculosis. 



Total 



. $331,600 00 



For the maintenance of and for certain improve- 
ments at the sanatoria, as follows : 

584 Lakeville state sanatorium, a sum not exceeding Lakeville state 

two hundred tliirteen thousand seven hundred sanatorium. 

doUars $213,700 00 

585 For payment for certain land taken for water supply 

purposes at the Lakeville state sanatorium, a sum 
not exceeding fifteen hundred dollars, the same 
to be in addition to any amount heretofore appro- 
priated for the purpose ..... 1,500 00 

586 For the construction of a system of sewage disposal 

at the LakeviUe state sanatorium, a sum not ex- 
ceeding fifteen thousand dollars, the same to be in 
addition to any amount heretofore appropriated 
for the purpose _ . 15,000 00 

587 For remodehng and reconstructing the south pavil- 

ion at the Lakeville state sanatorium, a sum not 

exceeding twenty-two thousand doUars . . 22,000 00 

588 For the construction of a nurses' home at the Lake- 

ville state sanatorium, a sum not exceeding fifty- 
six thousand eight hundred doUars . . . 56,800 00 

589 For the cost of certain changes and improvements in 

the boUer house at the Lakeville state sanatorium, 

a sum not exceeding fifteen thousand doUars . 15,000 00 

590 For the expense of additional fire protection at the 

Lakeville state sanatorium, a sum not exceeding 

three thousand dollars 3,000 00 



122 



Acts, 1928. — Chap. 127. 



Lakeville state 
sanatorium. 



North Reading 
state sana- 
torium. 



Rutland state 
sanatorium. 



Westfield state 
sanatorium. 



Item 

591 For extending a certain steam line at the Lakeville 

state sanatorium, a sum not exceeding eight thou- 
sand dollars ....... 

592 North Reading state sanatorium, a sum not exceed- 

ing one hundred ninety-eight thousand seven hun- 
dred and thirty dollars ..... 

593 For improving the system of sewage disposal at the 

North Reading state sanatorium, a sum not ex- 
ceeding thirty-five hundred dollars 

594 For additional fire protection at the North Reading 

state sanatorium, a sum not exceeding seven 
thousand dollars ...... 

595 Rutland state sanatorium, a sum not exceeding three 

hundred twenty-three thousand seven hundred 
and fifty dollars ...... 

596 For the construction of a building for women and 

married employees at the Rutland state sana- 
torium, a sum not exceeding seventy-four thou- 
sand dollars ....... 

597 For additional fire protection at the Rutland state 

sanatorium, a sum not exceeding fifteen thousand 
dollars ........ 

598 Westfield state sanatorium, a sum not exceeding two 

hundred sixty thousand three hundred and ninety 
dollars ........ 

599 For improving the system of sewage disposal at the 

Westfield state sanatorium, a sum not exceeding 
fifty-five hundred dollars ..... 
599a For the installation of additional sprinklers at the 
Westfield state sanatorium, a sum not exceeding 
two thousand dollars, the same to be in addition 
to any amount heretofore appropriated for the 
purpose ........ 



Pondville 

cancer 

hospital. 



600 



601 
602 
603 



Department of 604 
Public Safety. 
Administration. gQg 



606 



Total 

Pondville Cancer Hospital: 

For maintenance of the Pondville cancer hospital, a 
sum not exceeding two hundred fourteen thou- 
sand one hundred and fifty dollars 

For relaying certain water pipes, a sum not exceeding 
two thousand dollars ..... 

For the cost of improving cold storage, a sum not 
exceeding twenty-eight hundred dollars 

For additional fire protection, a sum not exceeding 
sixteen thousand dollars ..... 

Total 

Service oj the Department of Public Safety. 
Administration : 

For the salary of the commissioner, a sum not ex- 
ceeding six thousand dollars .... 

For personal services of clerks and stenographers, 
a sum not exceeding forty-three thousand six 
hundred and ninety dollars .... 

For contingent expenses, including printing the 
annual report, rent of district offices, supplies and 
equipment, and all other things necessary for the 
investigation of fires and moving picture licenses, 
as required by law, and for expenses of adminis- 
tering the law regulating the sale and resale of 
tickets to theatres and other places of public 
amusement by the department of pubUc safety, 
a sum not exceeding seventy-two thousand dollars 



$8,000 00 

198,730 00 

3,500 00 

7,000 00 

323,750 00 

74,000 00 

15,000 00 

260,390 00 

5,500 00 

2,000 00 
$1,224,870 00 

$214,150 00 
2,000 00 



2,800 00 

16,000 00 

$234,950 00 



$6,000 00 



43,690 00 



72,000 00 



Acts, 1928. — Chap. 127. 



123 



Item 



607 



60S 
609 



610 
611 



612 



Division of State Police: 

For the salaries of officers, including detectives, a 
sum not exceeding two hundred ninety-three 
thousand dollars •.-..• • • $293,000 00 

For personal services of civilian employees, a sum 

not exceeding forty-one thousand dollars 41,000 00 

For other necessary expenses of the uniformed 
division, a sum not exceeding two hundred seventy- 
five thousand dollars 275,000 00 

For traveling expenses of detectives, a sum not ex- 
ceeding nineteen thousand dollars . . . 19,000 00 

For maintenance and operation of the police steamer, 

a sum not exceeding tliirteen thousand dollars . 13,000 00 

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 eleven thousand 
dollars 11,000 00 



Division of 
State Police. 



613 
614 



615 



616 



617 



618 



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 fifty-two thousand 
three hundred and eighty dollars 

For traveling expenses of officers for the building 
inspection service, a sum not exceeding thirteen 
thousand two hundred dollars .... 

For the salaries of officers for the boiler inspection 
servace, a sum not exceeding sixty-seven thousand 
six hundred and eighty dollars, provided that the . 
salary of any officer who did not receive an increase 
as of June first, nineteen hundred and twenty- 
seven, may be increased after the passage of this 
act, and that the increase may be made effective 
as of December first, nineteen hundred and twenty- 
seven, notwithstanding any provisions of law to 
the contrary ....... 

For traveling expenses of officers for the boiler in- 
spection service, a sum not exceeding twenty-three 
thousand dollars ...... 

For services, supplies and equipment necessary for 
investigations and inspections by the division, a 
sum not exceeding fifteen hundred dollars . 



Division of 
3,800 00 Iiispection. 



52,380 00 
13,200 00 



67,680 00 

23,000 00 

1,500 00 



Board of Elevator Regulations: 
619 For expenses of the board, a sum not exceeding one 
hundred and fifty dollars ..... 



Board of Ele- 

150 00 Sl^Ls''^'^- 



Board of Boiler Rules: 

620 For personal services of members of the board, a sum 

not exceeding one thousand dollars . . . 1,000 00 

621 For services other than personal and the necessary 

traveling expenses of the board, office supplies 
and equipment, a sum not exceeding five hundred 
dollars 500 00 

Total $936,900 00 



Board of 
Boiler Rules. 



Special : 
622 For the construction of one or more police stations, 
a sum not exceeding thirty-five thousand dollars . 



Police stations. 



$35,000 00 



124 



Acts, 1928. — Chap. 127. 



Item 



Fire Prevention g23 
District Service. 

State fire />24 

marshal. " "* 

625 
626 

627 



State Boxing 
Commission. 



628 



629 



Fire Prevention District Service (the maintenance 
of this service, as provided in items 623, 625 and 
627, 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 himdred dollars . . $3,800 00 

For personal services of fire inspectors, a sum not 
exceeding thirty thousand seven hundred and sixty 
doUars . . . . . . . , . 30,760 00 

For other personal services, a sum not exceeding 

eighteen thousand two hundred dollars . . 18,200 00 

For traveling expenses of fire inspectors, a sum not 

exceeding twelve thousand one hundred dollars . 12,100 00 

For other services, office rent and necessary office 
supplies and equipment, a sum not exceeding five 
thousand dollars 5,000 00 

Total $69,860 00 

State Boxing Commission : 
For compensation and clerical assistance for the 

state boxing commission, a sum not exceeding 

twelve thousand five hundred dollars . . $12,500 00 

For other expenses of the commission, a sum not 

exceeding ten thousand dollars .... 10,000 00 

Total $22,500 00 



Department 630 

of Public 

Works. 

631 



632 



Highways. 



633 



634 



635 



636 
637 



Service of the Department of Public Works. 

The .appropriations made in the following three 
items are to be paid two thirds from the High- 
way Fund and one third from the Port of Boston 
Receipts: 
For the salaries of the commissioner and the associate 
commissioners, a sum not exceeding nineteen 
thousand five hundred dollars .... $19,500 00 
For personal services of clerks and assistants to the 
commissioner, a sum not exceeding ten thousand 
eight hundred and fifty dollars .... 10,850 00 
For traveUng expenses of the commissioner, a sum 

not exceeding two thousand dollars . . . 2,000 00 

Total $32,350 00 

Functions of the department relating to liigh- 
ways. (The following appropriations, except 
as otherwise provided, are made from the High- 
way Fund) : 

For the personal services of the chief engineer, 
engineers and office assistants, including certain 
clerks and stenographers, a sum not exceeding 
seventy-five thousand five hundred dollars . . $75,500 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 doUars 2,500 00 

For services other than personal, including printing 
pamplJet of laws and the annual report, and neces- 
sary office supplies and equipment, a sum not ex- 
ceeding thirteen thousand dollars . . . 13,000 00 

(This item combined with item 640.) 

For the suppression of gypsy and brown tail moths 
on state highways, a sum not exceeding twelve 
thousand dollars 12,000 00 



Acts, 1928. — Chap. 127. 125 

Item 

638 For the construction and repair of town and county Highways. 

ways, a sum not exceeding one million eight hun- 
dred thousand dollars . . . . .$1,800,000 00 

639 For aiding towns in the repair and improvement of 

public ways, a sum not exceeding eight hundred 

sixty thousand doUars . . . . . 860,000 00 

640 For the maintenance and repair of state highways, 

including care of snow on highways, expenses of 
traffic signs and lights, and payment of damages 
caused by defects in state highways \nth. the ap- 
proval of the attorney general, and for care and 
repair of road-building machinery, a sum not ex- 
ceeding six million six hundred seventeen thousand 
five hundred doUars 6,617,500 00 

641 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 sum not exceeding 
twenty thousand dollars 20,000 00 

642 For the purpose of enabhng the department of pub- 

lic works to secure federal aid for the construction 
of highways, a sum not exceeding one million five 
hundred thousand dollars in addition to any other 
funds which the department has available for the 
purpose , . 1,500,000 00 

643 For administering the law relative to advertising 

signs near highways, a sum not exceeding ten 

thousand dollars, to be paid from the general fund 10,000 00 



Total $10,910,500 00 

Registration of Motor Vehicles: 

644 For personal services, a sum not exceeding seven Registration 

hundred thirty-two thousand eight hundred and Vehicl^. 

eighty dollars, to be paid from the Highway Fund, 
pro\'ided that the salary of any person holding the 
position of junior clerk now receiving less than 
nine hundred and sixty dollars per annum may be 
increased after the passage of this act, and that the 
increase may be made effective as of December 
first, nineteen hundred and twenty-seven, not- 
withstanding any provisions of law to the con- 
trary . . . ... . . $732,880 00 

645 For services other than personal, including traveling 

expenses, purchase of necessary supplies and 
materials, including cartage and storage of the 
same, and for work incidental to the registration 
and licensing of owners and operators of motor 
vehicles, a sum not exceeding five hundred five 
thousand dollars, to be paid from the Highway 

Fund . 505,000 00 

645a For printing and other expenses necessary in con- 
nection with pubUcity for certain safety work, a 
sum not exceeding fifteen hundred dollars, to be 
paid from the Highway Fund .... 1,500 00 



Total $1,239,380 00 

Functions of the department relating to water- 
ways and public lands: 
646 For personal services of the chief engineer and as- Department 

sistants, a sum not exceeding fifty-five thousand waterways 

dollars $55,000 00 and public 

lands. 



126 



Acts, 1928. — Chap. 127. 



Dejjartment 
relating to 
waterways and 
public lands. 



Item 

647 

648 



649 



650 



651 



652 



653 



654 



655 



656 



657 
658 



For necessary traveling expenses of the associate 
commissioners, a sum not exceeding five hundred 
dollars . . $500 00 

For services other than personal, including printing 
pamphlet of laws and the annual report, and for 
necessary office and engineering supplies and 
equipment, a sum not exceeding four thousand 
dollars 4,000 00 

For the care and maintenance of the province lands 
and of the lands acquired and structures erected 
by the Provincetown tercentenary commission, 
a sum not exceeding five thousand dollars . . 5,000 00 

For the maintenance of structures, and for repair- 
ing damages along the coast Une or river banks 
of the commonwealth, and for the removal of 
wrecks and other obstructions from tidewaters and 
great ponds, a sum not exceeding thirty-five 
thousand doUars 35,000 00 

For the improvement, development and protection 
of rivers and harbors, tidewaters and foreshores 
within the commonwealth, as authorized by sec- 
tion eleven of chapter ninety-one of the General 
Laws, and of great ponds, a sum not exceeding 
sixty 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 fiscal year for the same purposes; pro- 
vided, that all expenditures made for the protec- 
tion of shores shall be upon condition that at least 
fifty per cent of the cost is covered by contribu- 
tions from municipaUties or other organizations 
and individuals, and that in the case of dredging 
channels for harbor improvements at least twenty- 
five per cent of the cost shall be so covered . 60,000 GO 

For re-establishing and permanently marking certain 
triangulation 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 dollars . 1,000 00 

For the supervision and operation of commonwealth 
pier five, including the salaries or other compensa- 
tion of employees, and for the repair and replace- 
ment of equipment and other property, a sum not 
exceeding one hundred ten thousand doUars, to be 
paid from the port of Boston receipts . . 110,000 GO 

For the maintenance of pier one, at East Boston, a 
sum not exceeding eight thousand dollars, to be 
paid from the port of Boston receipts . . 8,000 00 

For the maintenance and improvement of common- 
wealth property under the control of the depart- 
ment in connection with its functions relating to 
waterways and pubUc lands, a sum not exceeding 
one hundred fifty thousand dollars, to be paid from 
the port of Boston receipts .... 150,000 GO 

For the operation and maintenance of the New Bed- 
ford state pier, a sum not exceeding five thousand 
dollars 5,000 00 

For the compensation of dumping inspectors, a sum 
not exceeding six thousand dollars . . . 6,000 GO 

For expenses authorized by section eighteen A of 
chapter ninety-one of the General Laws, inserted 
by chapter four hundred and fifty-three of the 
acts of nineteen hundred and twenty-three, relative 
to access to great ponds, a sum not exceeding one 
hundred dollars 100 GO 



Acts, 1928. — Chap. 127. 



127 



Item 

659 For continuing the work in gauging the flow of 
water in the streams of the commonwealth, a sum 
not exceeding four thousand dollars . 

Total 



660 
661 
662 



663 



Specials: 

(This item omitted.) 

(This item omitted.) 

For the maintenance and repair of certain property 
in the town of Plymouth, a sum not exceeding nine 
thousand dollars ...... 

For expenses necessary to establish the Angle Tree 
Monument reservation, a sum not exceeding five 
hundred dollars, the same to be in addition to any 
amount heretofore appropriated for the purpose . 

Total 

Certain unexpended balances of appropriations here- 
tofore made, and now carried upon the books in 
the ofiice of the comptroller, for the construction 
of streets, railroads and piers for the development 
of land at South Boston and East Boston are 
hereby reappropriated. 

Certain unexpended balances of appropriations 
heretofore made, and now carried upon the books 
in the office of the comptroller, for dredging 
chaimels and filhng marshes are hereby reappro- 
priated. 



Department 
relating to 
«. . „„„ „„ waterways and 
$4,000 00 public lands. 



$443,600 00 



Specials. 



$9,000 00 



500 00 



$9,500 00 



Reappropri- 
ations of 
certain unex- 
pended 
balances. 



Sendee of the Department of Public Utilities. 

664 For personal services of the commissioners, a sum not 

exceeding thirty-six thousand dollars, of which 
sum one half shall be assessed upon the gas and 
electric companies in accordance with existing 
provisions of law $36,000 00 

665 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 sum eighty-nine hundred and sixty- 
five dollars shall be assessed upon the gas and 
electric companies in accordance with existing 
provisions of law ...... 30,750 00 

666 For personal services of the inspection department, 

a sum not exceeding thirty-nine thousand two hun- 
dred and seventy-five dollars .... 39,275 00 

667 For personal services of clerks, messengers and office 

assistants, a sum not exceeding eleven thousand 
nine hundred and forty dollars, of which sum one 
half shall be assessed upon the gas and electric 
companies in accordance with existing provisions 
of law . ~ 11,940 00 

668 For personal services of the telephone and telegraph 

division, a sum not exceeding thirteen thousand 

one hundred dollars ...... 13,100 00 

669 For personal services and expenses of special investi- 

gations, including legal assistants as needed, a sum 
not exceeding ten thousand doUars, provided that 
in case of emergency this sum may be made avail- 
able for expenses in the service of gas and electric 
companies ....... 10,000 00 



Department of 
Public Utilities. 



128 



Acts, 1928. — Chap. 127. 



Item 
Department of 670 
Public Utilities. 

671 



672 



673 



For stenographic reports of hearings, a sum not ex- 
ceeding thirty-five hundred dollars . . . $3,500 00 

For traveling expenses of the commissioners and 
employees, a sum not exceeding seventy-eight 
hundred dollars . . . _ . . . 7,800 00 

For services other than personal, printing the annual 
report, office suppUes and equipment, a sum not 
exceeding four thousand dollars . . . 4,000 00 

For stenographic reports of evidence at inquests held 
in cases of death by accident on or about rail- 
roads, a sum not exceeding twenty-five hundred 
dollars 2,500 00 

Total $158,865 00 



Items to be 
assessed upon 
gas and electric 
companies. 



The following items are to be assessed upon the gas 
and electric companies : 

674 For personal services of the inspector of gas and gas 

meters, assistant inspectors and deputy inspectors 
of meters, a sum not exceeding twenty-one thou- 
sand seven hundred dollars .... 

675 For expenses of inspectors and deputies, including 

ofiice rent, traveling and other necessary expenses 
of inspection, a sum not exceeding eight thousand 
dollars ........ 

676 For services and expenses of expert assistants, as 

authorized by law, a sum not exceeding five thou- 
sand dollars ....... 

677 For other services, printing the annual report, for 

rent of offices and for necessary office supphes and 
equipment, a sum not exceeding fifty-five hundred 
dollars ........ 

678 For the examination and tests of electric meters, a 

sum not exceeding six hundred dollars 

Total 



$21,700 00 


8,000 00 


5,000 00 


5,500 00 


600 00 


$40,800 00 



Smoke 
Abatement. 



Smoke Abatement: 
679 For services and expenses in connection with the 
abatement of smoke in Boston and vicinity, under 
the direction and with the approval of the depart- 
ment of public utilities, a sum not exceeding eighty- 
six hundred dollars, the same to be assessed upon 
the cities and town of the district set forth in sec- 
tion one of chapter six hundred and fifty-one of the 
acts of nineteen hundred and ten 



$8,600 00 



Sale of 
Securities. 



Sale of Securities: 

680 For personal services in administering the law rela- 

tive to the sale of securities, a sum not exceeding 

twenty-two thousand nine hundred dollars . $22,900 00 

681 For expenses other than personal in administering 

the law relative to the sale of securities, a sum not 

exceeding seventy-three hundred dollars » . 7,300 00 

Total $30,200 00 



Bunker Hill 683 

monument, etc., 
maintenance. 



Miscellaneous. 

For the maintenance of Bunker Hill monument and 
the property adjacent, to be expended by the 
metropohtan district commission, a sum not ex- 
ceeding eleven thousand five hundred dollars . $11,500 00 



Acts, 1928. — Chap. 127. 



129 



The foUowiii};; iloins arc lo l)e paitl from the High- 
way Fund: 

0S4 For maintenance of boulevards and parkways, with 
tlie approval of the metropolitan clistrict conunis- 
sion, a sum not exceeding two hundred thirty- 
three thousand five hundred dollars, representing 
the state's portion or one half of the estimated 
cost of maintenance ..... 

085 For resurfacing of boulevards and parkways, with 
the approval of the metropolitan district commis- 
sion, a sum not exceeding fifty thousand dollars, 
representing the state's portion or one half of the 
estimated cost of resurfacing .... 

685a For completing the Old Colony boulevard, so-called, 
as authorized by chapter three hundred and sixty 
of the acts of nineteen hundred and twenty-six, a 
sum not exceeding one hundred thousand dollars, 
representing the state's portion or one half of the 
estimated cost of completion .... 

686 For maintenance of boulevards and parkways, with 

the approval of the metropolitan district commis- 
sion, for the installation of a certain electric light- 
ing system, a sum not exceeding twenty-five thou- 
sand dollars, representing the state's portion or 
one half of the estimated cost .... 

687 For acquiring, with the approval of the governor and 

council, certain land along the Charles river, and 
for filling necessary for the laying out of the boule- 
vard authorized by chapter three hundred and 
sixty-five of the acts of nineteen hundred and 
twenty-six, a sum not exceeding fifty thousand 
dollars, representing the state's portion or one 
half of the estimated cost of construction in part, 
the same to be in addition to any amount hereto- 
fore appropriated for the purpose 

688 For maintenance of Wellington bridge, with the ap- 

proval of the metropolitan district commission, a 
sum not exceeding thirtj'-six hundred dollars 

Total 

Unclassified Accounts and Claims. 

689 For the compensation of veterans of the civil war and 

certain others formerly in the service of the com- 
monwealth, now retired, a sum not exceeding 
thirty-seven thousand dollars .... 

690 For the compensation of any veteran who may be 

retired by the governor under the provisions of 
sections fifty-six to fifty-nine, inclusive, of chapter 
thirty-two of the General Laws, a sum not exceed- 
ing five thousand dollars ..... 

691 For the compensation of certain prison officers and 

instructors formerly in the service of the common- 
wealth, now retired, a sum not exceeding thirty 
thousand five hundred dollars .... 

692 For the compensation of state police officers formerly 

in the service of the commonwealth, and now re- 
tired, a sum not exceeding eighty-five hundred 
dollars ........ 

693 For the compensation of certain women formerly 

employed in cleaning the state hou.se, and now 
retired, a sum not exceeding twelve hundred dol- 
lars ........ 

Total 



Boulevards and 
parkways. 



$233,500 00 



50,000 00 



Old Colony 
boulevard, so- 
called. 



100,000 00 



Boulevards and 
parkways. 



25,000 00 



Acquisition of 
certain land, 
etc., for 
laying out 
of boulevard 
authorized by 
1926, 365. 



50,000 00 




3,600 00 


Wellington 
bridge. 


$462,100 00 






Unclassified 
Accounts and 
Claims. 


$37,000 00 





5,000 00 



30,500 00 



8,500 00 



1,200 00 
$82,200 00 



130 



Acts, 1928. — Chap. 127. 



Certain other 
aid. 



Reimbursing 
officials for 
premiums, etc. 



Certain claims. 



Payment of 
officers and 
men precepted 
for duty in 
flood 
emergency. 



Item 

For certain other aid; 

694 For the compensation of certain piil)hc employees 

for injuries sustained in the course of their em- 
ployment, as provided by section sixtj^-nine of 
chapter one himdred and fifty-two of the General 
Laws, a sum not exceeding twenty-seven thou- 
sand dollars ....... 

695 For the payment of certain annuities and pensions 

of soldiers and others under the provisions of cer- 
tain acts and resolves, a sum not exceeding eighty- 
two hundred and seventy-six dollars . 

Total 

696 For reimbursing officials for premiums paid for pro- 

curing sureties on their bonds, as provided by ex- 
isting laws, a sum not exceeding one hundred and 
fifty dollars ....... 

697 For payment in accordance with law of such claims 

as may arise in consequence of the death of fire- 
men and of persons acting as firemen, from injuries 
received in the discharge of their duties, a sum not 
exceeding thirty thousand dollars 

698 For payment of any claims, as authorized by section 

eighty-seven of chapter thirty-two of the General 
Laws, for allowances to the families of members 
of the department of public safety doing police 
duty and policemen killed or fatally injured in the 
discharge of their duties, a sum not exceeding 
twenty-five hundred dollars .... 

699 For small items of expenditure for which no appro- 

priations have been made, and for cases in which 
appropriations have been exhausted or have re- 
verted to the treasury in previous years, a sum not 
exceeding one thousand dollars 

700 For reimbursement of persons for funds previously 

deposited in the treasury of the commonwealth on 
account of unclaimed savings bank deposits, a sum 
not exceeding five hundred dollars 

Total 

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 compen- 
sation on the part of the commonwealth in re- 
spect thereto: 
701a For the estate of Henry Bacon, on account of work 
done as an architect in reference to the St. Mihiel 
memorial, the sum of six thousand dollars . 
701b For Daniel Chester French, on account of work done 
as a sculptor in reference to the St. Mihiel me- 
morial, the sum of eight thousand dollars . 

Total 

Special; 
702 For payment of officers and men precepted for duty 
in the flood emergency under order of the sheriff, 
and for necessary expenses in connection therewith, 
the sum of forty-three hundred seventy-three dol- 
lars and forty-eight cents, the same to be assessed 
under authority of section thirty-two of chapter 
thirty- three of the General Laws, as appearing in 
chapter four hundred and sixt,y-five of the acts of 
nineteen hundred and twenty-four 



$27,000 00 



8,276 00 
S35,276 00 



$150 00 



30,000 00 



2,500 00 



1,000 00 



500 00 
$34,150 00 



$6,000 00 

8,000 00 
$14,000 00 



1,373 48 



Acts, 1928. ~ Chap. 127. 



131 



Item 



Deficiencies. 

For deficiencies in certain appropriations of pre- 
vious years, in certain items, as follows: 



Deficiencies. 



Art Commission. 

For certain expenses incurred by the art commis- 
sion in the purchase of certain portraits, the sum 
of eight hundred thirteen dollars and sixty-five 
cents ........ 



Art Com- 
mission. 



.$813 65 



Judicial Department. 

District Attorneys: 
For traveling expenses necessarUy incurred by the 
district attorneys, except in the Suflfolk district, 
the sum of seven hundred twenty-two dollars and 
eighteen cents ...... 



District 
Attorneys. 



722 IS 



Commission on Adrninisfralion and Finance. 

Purchase of paper: 
For the purchase of paper used in the execution of 
the contracts for state printing, other than legis- 
lative, with the approval of the commission on 
administration and finance, the sum of one hun- 
dred four dollars and sixteen cents 



Commission 
on Adminis- 
tration and 
Finance. 



104 16 



Department of Corporations and Taxation. 

For the salary of the commissioner, the sum of two 
hundred and fifty dollars ..... 

Department of Conservation. 

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 
j'^ears, as provided by law, the sum of twenty-six 
hundred seventy-three dollars and twenty-six cents 

Bounty on seals: 
For bounties on seals, the sum of two himdred dollars 



Department of 
250 00 Corporations 
and Taxation. 



Department of 
Conservation. 



2,673 26 
200 00 



Department of Education. 

For the reimbursement of certain towns for the trans- 
portation of pupils attending high schools outside 
the towns in which they reside, as provided by law, 
the sum of two thousand fifty-one dollars and 
twenty-six cents ...... 

Division of Immigration and Americanization : 
For other expenses, the sum of forty-six dollars and 
sixteen cents ....... 



Department of 
Education. 



2,051 26 



46 16 



Department of Civil Service and Registration. 

Board of Registration in Pharmacy: 
For personal services of agent, the sum of sixty dollars 

Department of Mental Diseases. 

Wrentham State School: 
For the purchase of land and improvement of certain 
buildings at the Wrentham state school, the sum 
of one hundred eighty-one dollars and sixty cents 



60 00 Department of 
Civil Service 
and Registra- 
tion. 



Department of 
Mental 
181 60 Diseases. 



132 



Acts, 1928. — Chap. 127. 



Item 



Department 
of Correction. 



Department of Correction. 

For services other than personal, including printing 
the annual report, necessary office supplies and 
equipment, the sum of one hundred seventy dollars 
and fifty cents ...... 



$170 50 



Department of 
Public Welfare. 



Department of Public Welfare. 

Tuition of cliildren : 
For reimbursement of cities and towns for tuition of 
children attending the pubhc schools, the sum of 
two hundred six dollars and forty-five cents 



206 45 



Department of 
Public Health. 



Department of Public Health. 

Pondville Cancer Hospital: 
For the completion of the improvements required 
for the opening of the cancer hospital, and for cer- 
tain equipment, the sum of ninety-two hundred 
thirty-three dollars and sixty-two cents 



9,233 62 



Department of 
Public Works. 



Department of Public Works. 

Functions of the department relating to highways : 
For the care, repair and storage, replacement and 
purchase of road-building machinery and tools, the 
sum of one hundred tliirty-six dollars and nine 
cents, to be paid from the Highway Fund . . 136 09 

For the maintenance and repair of state highways, 
including care of snow on highways, expenses of 
traffic signs and lights, and payment of damages 
caused by defects in state highways with the ap- 
proval of the attorney general, the siun of five hun- 
dred seventeen dollars and thirty cents, to be paid 
from the Highway Fund . . . . . 517 30 

Total $17,366 23 



Metropolitan 703 
District Com- 
mission. 

704 



705 



Division of 

Metropolitan 

Planning. 



706 
707 



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 di- 
rection and with the approval of the metropoli- 
tan district commission: 

For maintenance of the Charles river basin, a sum 
not exceeding two hundred three thousand one 
hundred dollars $203,100 00 

For expenses of dredging Broad and Lechmere 
canals, a sum not exceeding twenty thousand dol- 
lars, to be assessed in the same manner as the 
maintenance cost for the Charles river basin . 20,000 00 

For maintenance of park reservations, a sum not 
exceefling seven hundred ninety-six thousand five 
hundred eighty dollars and twenty-five cents . 796,580 25 

For the expense of holding band concerts, a sum not 

exceeding twenty thousand dollars . . . 20,000 00 

For services and expenses of the division of metro- 
politan planning, as authorized by chapter three 
hundred and ninety-nine of the acts of nineteen 
lumdred and twenty-three, a sum not exceeding 
thirty thousand dollars 30,000 00 



Acts, 1928. — Chap. 127. 



133 



Item 
708 



For maintenance of the Nantasket beach reserva- 
tion, a Slim not exceeding eighty-three thousand 
dollars . . SS3,000 00 

709 For maintenance of the Wellington bridge, a sum not 

exceeding ten thousand eight hundred dollars, 
the same to be in addition to the amount appro- 
priated in item six hundred and eighty-eight . 10,800 00 

710 For maintenance of boulevards and parkways, a sum 

not exceeding two hundred thirty-three thousand 
five hundred dollars, the same to be in addition to 
the amount appropriated in item six hundred and 
eighty-four 233,500 00 

710 3 For resurfacing of boulevards and parkwaj's, a sum 

not exceeding fifty thousand dollars, the same to 
be in addition to the amount appropriated in item 
six hundred and eighty-five .... 50,000 00 
710*3 For completing the Old Colony Boulevard, so-called, 
as authorized by chapter three hundred and sixty 
of the acts of nineteen hundred and twenty-six, 
a sum not exceeding one himdred thousand dol- 
lars, the same to be taken from the Metropolitan 
Parks Expense Fund, and to be in addition to any 
appropriation heretofore made for the purpose, 
and in addition to the amount appropriated in 
item six hundred and eighty-five A . . . 100,000 00 

711 For acquiring, with the approval of the governor 

and council, certain land along the Charles river, 
and for filling necessary for the laying out of the 
boulevard authorized by chapter three hundred 
and sixty-five of the acts of nineteen hundred and 
twenty-six, a sum not exceeding fifty thousand 
dollars, the same to be in addition to the amount 
appropriated in item six hundred and eighty-seven 50,000 00 

712 For maintenance of boulevards and parkways, for 

the installation of a certain lighting system, a sum 
not exceeding twenty-five thousand dollars, the 
same to be in addition to the amount appropriated 
in item six hundred and eighty-six . . . 25,000 00 

713 For the maintenance and operation of a system of 

sewage disposal for the north metropolitan sewer- 
age district, a sum not exceeding three hundred 
forty-eight thousand nine hundred dollars . . 348,900 00 

714 For the maintenance and operation of a system of 

sewage disposal for the south metropolitan sewer- 
age district, a sum not exceeding two hundred 
twenty thousand dollars 220,000 00 

715 For a contribution of the south metropolitan sewer- 

age district to the Boston Transit Commission, on 
account of the replacement of a certain sewer, 
made necessary by the extension of the Shawmut 
branch, so-called, a sum not exceeding twenty 
thousand dollars, provided that no pajTnent shall 
be made imtil after the completion of the work in a 
manner satisfactory to the metropolitan district 
commission 20,000 00 

716 For the maintenance and operation of the metro- 

politan water system, a sum not exceeding eight 

hundred fifty-one thousand dollars . . . 851,000 00 

717 For extension of the northern high service water main 

to Winthrop, for the metropolitan water district, 
a sum not exceeding three hundred twenty-five 
thousand dollars, the same to be in addition to any 
amount heretofore appropriated for the purpose 325,000 00 



Nantasket 
beach reser- 
vation. 

Wellington 
bridge. 



Boulevards 
and parkways. 



Old Colony 
Boulevard, 
so-called. 



Acquisition of 
certain land, 
etc., for laying 
out of boule- 
vard author- 
ized by 1926, 
365. 



Boulevards 
and parkways, 
lighting 
system. 



North metro- 
politan 
sewerage 
district. 

South metro- 
politan 
sewerage 
district. 

Contribution of 
south metro- 
politan sewer- 
age district to 
Boston Transit 
Commission. 



Metropolitan 
water system. 



Extension of 
northern high 
service water 
main to 
Winthrop. 



134 



Acts, 1928. — Chap. 128. 



Acquisition of 
certain prop- 
erty in 
Wachusett 
water supply 
basin. 



Item 

718 



For acquiring certain property in the Wachusett 
water supply basin, with the approval of the gover- 
nor and council, for the protection of the purity of 
the water supply, a sum not exceeding seventy- 
five thousand dollars, the same to be in addition 
to any amount heretofore appropriated for the 
purpose ........ 



Total 

General and Highway Funds 
Metropolitan District Commission 



S75,000 00 
.13,461,880 25 

.S.52,841,382 43 
3,461,880 25 



Written 
approval of 
governor and 
council 
required 
for certain 
expenditures. 

Certain 
allowances 
included in 
appropriations 
for maintenance 
of certain 
institutions. 

No payment 
to be made for 
construction of 
public build- 
ings, etc., until 
plans have 
been approved 
by governor. 



Department 
of education 
to sell certain 
land. 



Budget com- 
missioner to 
send copies of 
sections three 
and five to 
heads of 
departments, 
etc. 



Section 3. No expenditures in excess of appropriations 
provided for under this act shall be incurred by any depart- 
ment or institution, except in cases of emergency, and then 
only upon the prior written approval of the governor and 
council. 

Section 4. The sums appropriated for maintenance of 
certain institutions include allowances for the purchase of coal 
to April first, nineteen hundred and twenty-nine, and balance 
representing these sums may be carried forward at the end of 
the fiscal year. 

Section 5. No payment shall be made or obligation 
incurred under authority of any appropriation made by this 
act for construction of public buildings or other improve- 
ments at state institutions until plans and specifications have 
been approved by the governor, unless otherwise provided by 
such rules and regulations as the governor may make. 

Section 6. The department of education, with the ap- 
proval of the governor, is hereby authorized and directed to 
sell or convey land and building on the corner of Newbury 
and Exeter streets in the city of Boston, now occupied by the 
Massachusetts School of Art, and certain land, owned by the 
commonwealth and under the control of the department, 
situated in the Brighton district of the city of Boston, and 
bounded in part by Washington street, Warren street, and 
Commonwealth avenue. 

Section 7. The budget commissioner is hereby directed 
to send a copy of sections three and five of this act to each 
departmental, divisional and institutional head immediately 
following the passage of this act. 

Section 8. This act shall take effect upon its passage. 

Approved March 16, 1928. 



Chap. 12S An Act authorizing banking associations and corpora- 
tions HAVING THEIR PRINCIPAL OFFICE IN STATES GRANT- 
ING RECIPROCAL PRIVILEGES TO ACT AS FIDUCIARIES IN 
THIS COMMONWEALTH. 

Be it enacted, etc., as follows: 

^tionlReT" Section 1. Chapter one hundred and sixty-seven of the 
H6. General Laws is hereby amended by inserting after section 



Acts, 1928. — Chap. 128. 135 

forty-five the following new section : — Section 1^5 A . The Hanking asso- 
board of bank incorporation may, subject to such conditions pomtion'iiavVng 
as the commissioner may prescribe, grant to a banking as- principal office 
sociation or corporation whose prmcipal ornce is in another may act as 
state, a certificate authorizing it to act in a fiduciary capacity thisSe.'" 
under the piovisions, so far as applicable, of sections fifty- 
two to fifty-nine, inclusive, of chapter one hundred and 
seventy-two; provided, that said association or corporation Proviaoa. 
is authorized so to act by the laws of the state where its 
principal office is located; and provided further, that the 
laws of such state grant a similar privilege or privileges 
to Uke associations or corporations having their principal 
office in this commonwealth. Any such banking associa- Subject to cer- 
tion or corporation holding a certificate as aforesaid and ofgenerliTaw! 
appointed a fiduciary shall be subject to the provisions of ^t°- 
general law with respect to the appointment of agents by 
foreign fiduciaries and to the same taxes, obligations and 
penalties, with respect to its activities as such fiduciary and 
the activities of itself and the property held by it in its 
fiduciary capacity, as like associations or corporations having 
their principal office in this commonwealth, and no such Restrictions aa 
certificate shall be issued to any such banking association or ^rtlfi"ctt°e! etc. 
corporation until it has filed with the said board of bank 
incorporation an agreement in writing in which it binds itself 
to perform said obligations and pay any such taxes and 
penalties as aforesaid as may be levied or imposed upon it in 
this commonwealth. Such a corporation or association, to 
the extent only that it acts as fiduciary as hereinbefore 
authorized, shall not be deemed to transact business in the 
commonwealth for the purposes of sections thirty-seven to 
forty-five, inclusive. 

Section 2. Section fifty-two of chapter one hundred and ^^^Hl; ^ ^^' 
seventy-two of the General Laws is hereby amended by 
striking out, in the tenth line, the word "of", — and by 
adding at the end thereof the following new sentence : — 
The words "such corporation" as used in this section and 
in sections fifty-three to fifty-nine, inclusive, shall, so far as 
applicable, include any banking association or corporation 
holding a certificate under section forty-five A of chapter 
one hundred and sixty-seven, — so as to read as follows: — 
Section 52. Such corporation may be appointed executor of '^''"?*' '^°^' 

,. ., .K •' '^'^ ... . , panies, ap- 

a Will, codicil or writing testamentary, administrator with pointmentas 
the will annexed, administrator of the estate of any person, torf etc. ^"^'^^ 
receiver, assignee, guardian, conservator or trustee under a 
will or instrument creating a trust for the care and manage- 
ment of property, under the same circumstances, in the 
same manner, and subject to the same control by the court 
having jurisdiction of the same, as a legally qualified indi- 
vidual. Any such appointment as guardian shall apply to 
the estate and not to the person of the ward. Such corpora- 
tion shall not be required to receive or hold property or 
money or assume or execute a trust under this section or 



136 



Acts, 1928. — Chaps. 129, 130. 



Worda "such 
corporation" to 
include certain 
banking asso- 
ciations, etc. 



section fifty without its assent. The words "such corpora- 
tion" as used in this section and in sections fifty-three to 
fifty-nine, inclusive, shall, so far as applicable, include any 
banking association or corporation holding a certificate 
under section forty-five A of chapter one hundred and sixty- 
seven. A'pproved March 19, 192S. 



G. L. 185, § 38, 
amended. 



Chav.\2^ An Act relative to the form of notice of proceedings 
TO register and confirm title in the land court. 

Be it enacted, etc., as follows: 

Section 1. Section thirty-eight of chapter one hundred 
and eighty-five of the General Laws is hereby amended by 
striking out the form of notice appended thereto and insert- 
ing in place thereof the following: — 

Commonwealth of Massachusetts. 

Land Court. 

of°proc°iedi'ngs^ ^^ (/lerg inscrt the names of all persons known to have an adverse 
to register and interest, and the adjoininq owners and occupants so far 

confirm title in j \ ? . ?/ 7 •, 

land court. tts known) , and to all whom it may concern: 

Whereas a petition has been presented to said court by 
(name or names and address) to register and confirm his 
(or their) title in the following described land (insert de- 
scription). 

If you desire to make any objection or defense to said 
petition you or your attorney must file a written appearance 
and an answer under oath, setting forth clearly and specifi- 
cally your objections or defense to each part of said petition, 
in the office of the recorder of said court in Boston, (designa- 
tion of location) or in the office of the assistant recorder of 
said court at the registry of deeds at in the county 

of where a copy of the plan filed with said petition 

is deposited, on or before the day of next. 

Unless an appearance is so filed by or for you, your default 
will be recorded, the said petition will be taken as confessed 
and you will be forever barred from contesting said petition 
or any decree entered thereon. 

Witness, , Esquire, judge of said court, this 

day of in the year nineteen hundred 

and 

Attest with the seal of said court 

Recorder. 

Effective date. Section 2. This act shall take effect on September first 
in the current year. Approved March 19, 1928. 



Chap.130 An Act relative to the sale of oleomargarine. 
Be it enacted, etc., as follows: 



G. L. 94, §49, 
amended. 



Section 1. Section forty-nine of chapter ninetj^-four of 
the General Laws is hereby amended by striking out all after 



Acts, 1928. — Chaps. 131, 132. 137 

the word "of" in the fourteenth line and inserting in place 
thereof the words: — not less than twenty point plain gothic 
type, — so as to read as follows: — Section 49. Whoever oleomargarine 
himself or by his agent sells, exposes for sale or has in his ^ ^^ marked, 
possession with intent to sell oleomargarine shall have the 
word "oleomargarine" or "butterine" so stamped, labelled 
or marked that said word cannot be easily defaced, upon the 
top, side and bottom of each tub, firkin, box or package con- 
taining any of said oleomargarine. Whoever, himself or by 
his agent, exposes or offers for sale oleomargarine not in the 
original package shall attach thereto in a conspicuous place 
a label bearing the words "imitation butter", or the word 
"oleomargarine" or "butterine". In retail sales of oleo- 
margarine not in the original package the seller shall attach 
to each package so sold, and shall deliver therewith to the 
purchaser, a label or wrapper bearing in a conspicuous place 
upon the outside of the package the words " imitation butter ", 
or the word "oleomargarine" or "butterine". Each such 
stamp, label or mark shall be in printed letters in a straight 
line of not less than twenty point plain gothic type. 

Section 2. Said chapter ninety-four is hereby further g. l. 94. § 55, 
amended bj'^ striking out section fifty-five and inserting in amended. 
place thereof the following : — Section 55. Whoever exposes Fraud in sale 
for sale oleomargarine which is not marked and distinguished o/^^ieomarga- 
by all the marks, words and stamps required by section 
forty-nine, or whoever does not have upon the exposed con- 
tents of each opened tub, package or parcel of oleomargarine 
a conspicuous placard with the word " oleomargarine " printed 
thereon in plain, uncondensed gothic letters, not less than 
one inch long, or whoever himself or by his agent sells or offers 
for sale any oleomargarine to any person who asks or sends 
for butter, shall be punished by a fine of one hundred dollars. Penalty. 

Approved March 19, 1928. 

An Act relative to permits to sell lobster meat. Chav 131 

Be it enacted, etc., as follows: 

Section ninety-eight of chapter one hundred and thirty of g. l. i3o, § 98, 
the General Laws is hereby amended by adding at the end 
thereof the following sentence : — Such a permit may be Permits to sell 
granted for the period of one year upon written application ^°^^^^'^ '"^a*- 
to the director and the payment of a fee of ten dollars, and Fee. 
may be revoked by him for the violation by the holder thereof Revocation. 
of any provision of the fish and game laws. 

Approved March 19, 1928. 

An Act increasing the amount of aid to be given to (JIiqjj 139 
prisoners discharged from the state prison. ^' 

Be it enacted, etc., as follows: 

Section one hundred and sixty-two of chapter one hun- g. l. 127, § 162, 
dred and twenty-seven of the General Laws is hereby ^™ended. 
amended by striking out, in the second line, the word "five" 



138 Acts, 1928. — Chaps. 133, 134. 

and inserting in place thereof the word : — ten, — so as to 

Warden of state read as f ollows : — Section 162. The warden of the state 

certefn'^rd to"^^ prison may paj^ from the treasurj^ of the prison not more than 

^risonefs*^etc ^^^ dollars to any prisoner leaving the prison who, in the 

opinion of the warden, by his good conduct deserves it, or 

he may, in his discretion, pay it to the agents appointed 

under section one hundred and fifty-eight, who shall expend 

for the benefit of such prisoners what they thus receive, and 

shall account therefor to the commissioner. A prisoner who 

leaves the state prison shall be provided with decent clothing. 

Approved March 19, -1928. 

C/^a». 133 An Act relative to the investigation of complaints of 

POLICY HOLDERS BY THE COMMISSIONER OF INSURANCE. 

Be it enacted, etc., as follows: 

^c ^amended Section 1. Scction four of chapter one hundred and 
seventy-five of the General Laws, as amended by chapter one 
hundred and fifty-six of the acts of nineteen hundred and 
twenty-six, is hereby further amended by inserting after 
the fifth paragraph the following new paragraph : — 
ofTn^urancr'^ '^^^ commissioner may investigate, in such manner and 
may investigate to such cxtcnt as he may deem expedient, any complaint of 

com plaints of ■,■ i i ^ • i j_ i- i t c 

policy holders, a policy hoidcr m respect to any claim under any policy oi 

insurance or annuity or pure endowment contract. 
G. L. 175, § 28, Section 2. Said chapter one hundred and seventy-five 
amen e . j^ hereby further amended by striking out section twenty- 

Commissioner eight and inserting in place thereof the following : — Section 
^ecid report 28. If, upon inspection of a schedule specified in the pre- 
[n cas(«of'^°"'*^ ceding section or upon any examination or investigation 
delay, etc. Under scction four, the commissioner is satisfied that a com- 
pany is making a practice of unduly engaging in litigation or 
of unreasonably and unfairly delaying the adjustment or 
payment of legally valid claims, he may, after a hearing to the 
company, make a special report of his findings thereon to the 
general court. Nothing in this section shall affect the pro- 
visions of sections five or six or the right of the commissioner 
to proceed thereunder. Approved March 19, 1928. 

Chap. 134: An Act authorizing the county of dukes county to 

BORROW MONEY FOR THE PURPOSE OF CONTRIBUTING TO 
THE COST OF THE CONSTRUCTION OF A HIGHWAY IN THE 
TOWNS OF WEST TISBURY AND CHILMARK. 

Be it enacted, etc., as follows: 

Say bo?ro«"*^ Section 1. For the purpose of contributing to the cost 
money for of thc constructiou by the state department of public works 
t'r"ibuting°to^''"" of a highway in the towns of West Tisbury and Chilmark, the 
8tructio'i"of county commissioners of the county of Dukes County may 
highway in from time to time borrow upon the credit of the county such 

towns of West i , i- • j_i ± 

Tisbury and sums as may be necessary, not exceeding, in the aggregate, 

Chilmark. twenty-fivc thousaiid dollars, and may issue bonds or notes 

of the county therefor, which shall bear on their face the 



Acts, 1928. — Chap. 135. 139 

words, Dukes County Highway Loan, Act of 1928. Each Dukes county 

authorized issue shall constitute a separate loan, and such Aoto7?i)28;°*"' 

loans shall be pa3^able in not more than five years from their 

dates. Such bonds or notes shall be signed by the treasurer 

of the county and countersigned by a majority of the county 

commissioners. The county may sell the said securities 

at public or private sale upon such terms and conditions as 

the county commissioners may deem proper, but not for less 

than their par value. Indebtedness incurred hereunder shall, 

except as herein provided, be subject to chapter thirty-five 

of the General Laws. 

Section 2. This act shall take effect upon its acceptance Submission to 
during the current year by the county commissioners of the siWrs of '°""^' 
county of Dukes County, but not otherwise; and so much Dukea County, 
thereof as authorizes its acceptance shall take effect upon its 
passage. Approved March 19, 1928. 

An Act changing the name of the lowell textile school (^Jiqj) 135 

TO LOWELL textile INSTITUTE AND RELATIVE TO THE 
FUNCTIONS OF SAID INSTITUTE. 

Be it enacted, etc., as follows: 

Section 1. Section nineteen of chapter fifteen of the g.l. 15, §19, 
General Laws is hereby amended by striking out, in the fourth a"»ended. 
line, the word "school" and inserting in place thereof the 
word: — institute, — so as to read as follows: — Sectio7i 19. Certain trus- 
The trustees of the Massachusetts agricultural college, the serving^in the 
board of commissioners of the Massachusetts nautical school, elucatSr* °^ 
the trustees of the Bradford Durfee textile school of Fall 
River, the trustees of the Lowell textile institute and the 
trustees of the New Bedford textile school shall serve in the 
department. 

Section 2. Said chapter fifteen is hereby further amended ^^J^-^g^^j ^ ^^' 
by striking out section twenty-one and inserting in place 
thereof the following : — Section 21 . There shall be boards Bradford Our- 
of trustees for the Bradford Durfee textile school of Fall River sc^oof ofVaii 
and for the New Bedford textile school, each consisting of River and New 
fifteen appointive members and the commissioner of educa- fcfwXlsotrds^ 
tion or a member of the advisory board of education desig- °^ trustees. 
nated by him, as an ex officio member, and the mayor and 
superintendent of schools of Fall River and of New Bedford 
shall be additional members ex officiis of said boards, re- 
spectively. Upon the expiration of the term of office of an 
appointive member, his successor shall be appointed for 
three years by the governor, with the advice and consent of 
the council. 

Section 3. Said chapter fifteen is hereby further amended ^t^o^^' "^^^ 
by adding at the end thereof the following new section, under 
the heading "LOWELL TEXTILE INSTITUTE": — 
Section 24. There shall be a board of trustees for the Lowell -^^tUute^M^rd 
textile institute consisting of fifteen appointive members of trustees. 
and the commissioner of education or a member of the ad- 
visory board of education designated by him and the mayor 



140 



Acts, 1928. — Chap. 135. 



G. L. 74, § 42 
amended. 



New Bedford 
textile school 
and Bradford 
Durfee textile 
school of Fall 
River to be 
state institu- 
tions. 

G. L. 74, § 47, 
amended. 



Lowell textile 
institute to 
be state 
institution. 



Board of 
trustees may 
take by gift, 
etc., real or 
personal 
property. 

Board to 
make annual 
report, etc. 



Commissioner 
to make an- 
nual report. 

Board may 
insure build- 
ings and 
contents. 

Board to fix 
rate of tuition. 
Rate for non- 
resident 
students. 

What degrees 
may be granted. 



Lowell Evening 
Textile School. 



Institute may 
make tests, etc. 



of Lowell, as ex officiis members. Upon the expiration of the 
term of office of an appointive member, his successor shall be 
appointed for three years by the governor, with the advice 
and consent of the council. 

Section 4. Chapter seventy-four of the General Laws 
is hereby amended by striking out section forty-two and in- 
serting in place thereof the following : — Section ^2. The 
New Bedford textile school and the Bradford Durfee textile 
school of Fall River shall be maintained by the common- 
wealth for the purpose of giving instruction in the theory and 
practical art of textile and kindred branches of industry. 

Section 5. Said chapter seventy-four is hereby further 
amended by striking out section forty-seven and inserting 
in place thereof the eight following new sections, under the 
heading "LOWELL TEXTILE INSTITUTE": — ^edzo/i 
47. The Lowell textile institute shall be maintained by the 
commonwealth for the purpose of giving instruction in the 
theory and practical art of textile and kindred branches of 
industry. 

Section Jt7A. The board of trustees of said institute, in 
the six following sections called the board, shall be a corpora- 
tion for the purpose of taking by gift, bequest or devise any 
real or personal property. 

Section 47B. The board shall make an annual report to 
the commissioner containing a concise statement as to the 
buildings, equipment and resources of the institute, its courses 
and methods of instruction, the number of its teachers and 
students during the preceding school year and the number 
of its graduates, and the commissioner shall make an annual 
report embodying the statements contained in said annual 
report made by the board. 

Section 4'^C. The board may insure the buildings of the 
institute and their contents in such amount as it deems 
sufficient. 

Section 4'^D. The board may fix the rates of tuition to 
be charged by the institute, but the yearly tuition for day 
students who are non-residents of the commonwealth shall 
not be less than one hundred and fifty dollars. 

Section Jf^JE. The board may grant the degrees of bache- 
lor of textile engineering and bachelor of textile chemistry to 
students who have taken the four year day course in the 
departments of textile engineering and textile chemistry, 
respectively, and have passed the examinations required for 
graduation. 

Section Jf.7F. The board shall establish a department to 
be called the Lowell Evening Textile School and to be con- 
ducted under its direction in which shall be given such eve- 
ning instruction in the theory and practical art of textile and 
kindred branches of industry as the board deems expedient. 

Section J^lG. Said institute may make, under such regu- 
lations as the board may from time to time prescribe, tests, 
comparative or otherwise, of new and useful improvements 
in textile machinery or of apparatus, dyes, compounds. 



Acts, 1928. — Chap. 136. 141 

processes, methods or means, directly or indirectly relating 
to the manufacture of textiles or to the machinery, tools, 
appliances and materials used in connection therewith. The Cost. 
person for whom any such test is made shall pay therefor for 
the account of the commonwealth a sum not less than the 
actual cost thereof, including a reasonable amount for over- 
head expense. No such test shall be undertaken by said ,'^*Ju**"„"\'"'f'"^® 
institute which in the opinion of the board will be likely to funcUona*'^ 
interfere with the regular, efficient and proper exercise of the °f"»stitute. 
functions of said institute. In the making of such tests Preference to 
preference shall be given to citizens of, and to corporations of*'common-' 
organized under the laws of, the commonwealth. wealth. 

Section 6. Section forty-eight of said chapter seventy- g. l. 74. § 48, 
four is hereby amended by striking out, in the second line, amended. 
the word "school" and inserting in place thereof the word: — 
institute, — so as to read as follows: — Section 48. The city city of Loweii 
of Lowell may annually provide for not more than ten four ^hoiarThYpl^ 
year course day scholarships at the Lowell textile institute 
for residents of Lowell, the sum so required to be raised by 
taxation. Approved March 19, 1928. 



An Act placing the town of Windsor in the judicial Chav.l^Q 

DISTRICT OF THE DISTRICT COURT OF CENTRAL BERKSHIRE 
CONCURRENTLY WITH THE FOURTH DISTRICT COURT OF 
BERKSHIRE. 

Be it enacted, etc., as follows: 

Section one of chapter two hundred and eighteen of the g. l. 218, § 1, 
General Laws, as amended by section one of chapter four ^*''- amended, 
hundred and thirty of the acts of nineteen hundred and 
twenty-one, by section one of chapter two hundred and forty- 
three of the acts of nineteen hundred and twenty-three, by 
section one of chapter two hundred and twenty-nine of the 
acts of nineteen hundred and twenty-four, and by section 
one of chapter one hundred and fifty-nine and section one 
of chapter two hundred and sixty-two, both of the acts of 
nineteen hundred and twenty-seven, is hereby further 
amended by striking out the paragraphs contained in the 
ninth to the twelfth lines, inclusive, and in the nineteenth 
and twentieth lines, all as printed in the General Laws, and 
inserting in place thereof, respectively, the following para- 
graphs : — 

The district court of central Berkshire, held at Pittsfield; t^j-r-J^riafurb- 
Pittsfield, Hancock, Lanesborough, Peru, Hinsdale, Dalton, diction, etc. 
Washington, Richmond, Lenox, Becket and Windsor; the Central Berk- 
district court of Lee exercising concurrent jurisdiction in ^^^^^' 
Lenox and Becket and the fourth district court of Berkshire 
exercising concurrent jurisdiction in Windsor. 

The fourth district court of Berkshire, held at Adams; Fourth 
Adams, Cheshire, Savoy and Windsor; the district court ^'''■''^'^"■^• 
of central Berkshire exercising concurrent jurisdiction in 
Windsor. Approved March 19, 1928. 



142 



Acts, 1928. — Chaps. 137, 138, 139. 



1907, 550, § 18, 
etc., amended. 



Height of 
buildings in 
city of Boston 
may exceed 
one hundred 
and fifty-five 
feet. 
Provisos. 



Chap. 1S7 An Act relative to the height of buildings in the city 

OF BOSTON. 

Be it enacted, etc., as follows: 

Section 1. Section eighteen of chapter five hundred and 
fifty of the acts of nineteen hundred and seven, as amended 
by section eleven of chapter four hundred and sixty-two of 
the acts of nineteen hundred and twenty-three, is hereby fur- 
ther amended by adding at the end thereof the following new 
paragraph : — 

Notwithstanding those provisions of this section which 
relate to a maximum height limit of one hundred and fifty- 
five feet, on a lot on which a building one hundred and fifty- 
five feet in height is permitted part of a building or structure 
may exceed such height provided the volume of such build- 
ing or structure does not exceed the number of square feet of 
buildable area of the lot multiplied by one hundred and fifty- 
five feet, and provided further that every part of such build- 
ing or structure above a height equal to two and one half 
times the effective width of the street but not exceeding one 
hundred and twenty-five feet shall set back from every street 
and lot line one foot for each two and a half feet of additional 
height. 

Section 2. Section fifteen of chapter four hundred and 
eighty-eight of the acts of nineteen hundred and twenty-four 
is hereby amended by striking out the second paragraph of 
said section, entitled ''Height", and inserting in place thereof 
the following new paragraph : — 

Height: No building shall exceed the height limit estab- 
lished by section eighteen of chapter five hundred and fifty 
of the acts of nineteen hundred and seven, as amended. 

Approved March 19, 1928. 



1924, 488, § 15, 
amended. 



One hundred 
and fifty-five 
foot districts. 
Height. 



C/iap.l38 An Act to relieve street railway and electric rail- 
road COMPANIES FROM THE COMMUTATION OR EXCISE TAX, 

so-called. 



G. L. 63, §§ 61- 
66, inclusive, 
repealed. 



Be it enacted, etc., as follows: 

Sections sixty-one to sixty-six, inclusive, of chapter sixty- 
three of the General Laws, relative to the commutation or 
excise tax, so-called, on street railways and electric railroad 
companies, are hereby repealed. 

Approved March 19, 1928. 



r'/iop. 139 An Act to abolish the offices of inspector and assist- 
ant inspectors of gas and gas meters akd deputy 
inspectors of meters. 

Be it enacted, etc., as follows: 

G L 2.5,^§§ 13- Section 1. Sections thirteen to sixteen, inclusive, of 
repealed. ' chaptcr twcuty-fivc of the General Laws are hereby repealed. 



Acts, 1928. — Chap. 139. 143 

Section 2. Said chapter twenty-five is hereby further g. l. 25, § 12. 
amended by striking out section twelve and inserting in place ^'"^"^ed- 
thereof the following: — AScd?"o/i ^;^. Of the amount so Assessment 
assessed and collected any balance remaining on November "h" and^a'ter 
thirtieth in any j'car, and all forfeitures collected during the companies and 
preceding fiscal year from such companies and from munic- Sing plants, 
ipalities owning lighting plants for failure to make returns ^rr^ffton^'ext 
and all fees collected during said j'car from such companies year. etc. 
and municipalities and from consumers of electricity, gas and 
water for testing meters, shall be carried forward to the next 
year and shall be taken into account in making an appro- 
priation for that year. 

Section 3. Section one hundred and three of chapter g. l., 154, 1 103, 
one hundred and sixty-four of the General Laws is hereby ''"tended. 
amended by striking out, in the first, second and third lines, 
the words "inspector and assistant inspectors of gas and gas 
meters appointed under section thirteen of chapter twenty- 
five, subject to rules and regulations prescribed by the de- 
partment," and inserting in place thereof the words: — 
department, in accordance with its rules and regulations, — 
by striking out, in the twelfth and thirteenth lines, the words 
"said inspectors" and inserting in place thereof the words: — 
its emploj'ees, — and by striking out the last sentence, — 
so as to read as follows: — Section 103. The department. Department 
in accordance with its rules and regulations, shall make the utiuties'to 
inspections of gas required by section one hundred and nine 1"^'^'' inspec- 

,. "^.^ %. , ■.11 tions ot gas 

and mspect, examme, ascertam and prove the accuracy of all and gas meters. 
meters which are to be used for measuring illuminating gas 
and which are to be furnished to, or for the use of, any con- 
sumer or company, and shall seal, stamp or mark every 
such meter, if it be found correct, with some suitable device 
to be determined by the department and recorded in the office 
of the state secretary. A meter shall not be stamped correct 
if it varies more than two per cent from the standard measure. 
The department shall keep a correct record of all meters To keep record 
examined b}^ its employees with their proof at the time of eLmfned, etc. 
inspection, which shall be open at all times for examination 
by the officers of any gas company in the commonwealth. 

Section 4. Section one hundred and five of said chapter g. l lei, § io5, 
one hundred and sixty-four is hereby amended by striking '^■"ended. 
out, in the sixth line, the words "the inspector and assistant 
inspectors" and inserting in place thereof the words: — duly 
authorized employees of the department, — so as to read 
as follows: — Section 105. Every gas company which Companies to 
annually manufactures or sells more than fifteen million meter'!^^'"'*^^ 
cubic feet of gas shall, when required by the department, 
provide and maintain a suitable room at least a quarter of a 
mile from the gas works with a disc photometer and its 
appurtenances, of a construction approved by the depart- 
ment, and which shall be open to duly authorized employees 
of the department on every working do^y from eight o'clock 
in the forenoon until six o'clock in the afternoon. 



144 



Acts, 1928. — Chap. 140. 



Companies to 
provide calorim 
eter. 



G. L. 16t, § 114, 
amended. 



ti I- i6|, § 108, Section 5. Section one hundred and eight of said chapter 
amen e . ^^^ hundfcd and sixtj'-four is hereby amended by striking 

out, in the sixth and seventh lines, the words "the inspector 
and assistant inspectors of gas" and inserting in place thereof 
the words : — duly authorized employees of the department, 
— so as to read as follows: — Section 108. Every gas com- 
pany or municipal lighting plant which distributes and sells 
to its consumers over fifteen million cubic feet of gas in a 
year shall, when required by the department, provide and 
maintain a suitable room not less than a quarter of a mile 
from the gas works with a calorimeter of a type and construc- 
tion approved by the department, which shall be open at all 
reasonable times to duly authorized employees of the de- 
partment. 

Section 6. Section one hundred and fourteen of said 
chapter one hundred and sixty-four is hereby amended by 
striking out, in the first and second lines, the words "inspec- 
tor or by one of his assistants or by a deputy" and inserting 
in place thereof the word: — department, — and by striking 
out, in the fourth and seventh hnes, the word "he" and in- 
serting in place thereof, in each instance, the word: — it, — 
so as to read as follows: — Section 114- Meters in use shall 
onVequesttl^y'^' bc tcstcd by the department, on the request of the consumer 
department, qj. Qf ^^g gQg company, in the presence of the consumer if 
desired, and with sealed apparatus. If it finds that the meter 
is correct, the person requesting the inspection shall pay the 
fees for such inspection and the expense of removing the 
meter for the purpose of being tested, and the reinspection 
shall be stamped on the meter. If it finds that the meter is 
incorrect, the gas company shall pay such expenses and shall 
furnish a new meter without charge to the consumer. 

Section 7. The inspector and assistant inspectors of gas 
and gas meters and the deputy inspectors of meters in the 
employ of the commonwealth in the department of public 
utilities on the effective date of this act shall continue in such 
employment as if theretofore emploj^ed or appointed under 
section nine of chapter twenty-five of the General Laws. 

Approved March 19, 192S. 



Gas meters in 



Inspector and 
assistant in- 
spectors of gas 
and gas meters, 
etc., to continue 
in employ of 
commonwealth. 



C/?op.l40 An Act authorizing advances on account of salaries 

PAYABLE TO OFFICERS OF DISTRICT COURTS. 



G. L. 218, § 74. 
amended. 

Salaries in dis- 
trict courts, 
monthly 
payments. 

Advances. 



Be it enacted, etc., as follows: 

Chapter two hundred and eighteen of the General Laws is 
hereby amended by striking out section seventy-four and 
inserting in place thereof the following: — Section 74- Sal- 
aries in district courts shall be paid in monthly instalments 
by the respective counties where such courts are established, 
but advances on account of such salaries may be made in any 
county under such regulations as the county treasurer thereof 
may prescribe, not exceeding the proportion of salary then 
due, nor oftener than once in seven days, nor before the sixth 
nor after the twenty-first day of the month. 

Approved March 19, 1928. 



Acts, 1928. — Chaps. 141, 142, 143. 145 



An Act subjecting the office of city electrician of the (^fi^j) i^\ 

CITY of CHELSEA TO THE CIVIL SERVICE LAWS. 

Be it enacted, etc., as follows: 

Section 1. The office of city electrician of the city of e]^tricHn'o^ 
Chelsea shall, upon the effective date of this act, become city of cheisea 
subject to the civil service laws and rules and regulations and scrvke laws'.''' 
the term of office of any incumbent thereof shall be unlimited, 
except that he may be removed in accordance with such laws 
and rules and regulations; but the person holding said office 
on said effective date maj' continue therein without taking a 
civil service examination. 

Section 2. This act shall take effect upon its acceptance submission to 
during the current year by vote of the board of aldermen of aiXrn°en, etc. 
said city subject to the provisions of its charter, but not 
otherwise. Approved March 19, 1928. 

An Act transferring certain drivers of patrol wagons (Jfidj) ^42 

AND ambulances OF THE POLICE DEPARTMENT OF THE 
CITY" OF SOMERVILLE TO THE RANK OF REGULAR OFFICERS 
OF SAID DEPARTMENT. 

Be it enacted, etc., as follows: 

Section 1. John H. McKenzie, William R. Burnett and o^ ^'^'roi''"' "^ 
Alfred J. Carey, now drivers of patrol wagons and ambulances wagons, etc.. 
of the police department of the city of Somerville, are hereby partment*^^ 
made regular officers of said police department without fur- ^^fgfrl'n!,'?®'^" 
ther examination, and shall hereafter be entitled to all the ferredtorank 
benefits and protection of the civil service laws, and the rules officfrsl'^etc. 
and regulations made thereunder, relative to such officers. 

Section 2. This act shall take effect upon its acceptance, submission to 
during the current year, by vote of the board of aldermen of menl^etc.*^'^^'^" 
said city, subject to the provisions of its charter, but not 
otherwise. Approved March 19, 1928. 

An Act relative to an excise tax on interests in ChavAA:^ 

certain FISHING SHIPS OR VESSELS. 

Whereas, The deferred operation of this act would in part Emergency 
defeat its purpose, therefore it is declared to be an emergency ^'^^°' 
law, necessary for the immediate preservation of the public 
convenience. 

Be it enacted, etc., as follows: 

Section 1. Section eight of chapter fifty-nine of the g. l. 59, § s, 
General Laws is hereby am^ended by inserting after the word ^'°^"^®^- 
"trade" in the third line the words: — or engaged exclusively 
in fishing and documented and carrying "papers" under the 
laws of the United States, — so as to read as follows: — 
Section 8. Individuals or partnerships owning an interest in ships and 
any ship or vessel which has during the period of its business Tntlrs'tat"^ or 
in the year preceding April first been engaged in interstate foreign carrying 



146 



Acts, 1928. — Chap. 143. 



trade and cer- 
tain fishing 
ships or ves- 
sels, exempt 
except from 
excise tax. 



G. L. 59, § 18, 
cl. seventh, 
amended. 



Certain ships, 
etc., owned by 
partnership, 
assessment. 



G. L. 63, § 67 
amended. 

Excise on 
corporation.? 
interested 
in ships 
or vessels. 



Annual return 
to commis- 
sioner. 



or foreign carrying trade or engaged exclusively in fishing 
and documented and carrying "papers" under the laws of 
the United States shall annually, within thirty days after 
said date, make a return on oath to the assessors of the town 
where such individuals reside or where such partnerships are 
taxable under clause seventh of section eighteen, respec- 
tively, setting forth the name of the ship or vessel, their 
interest therein, and the value of such interest. If the asses- 
sors are satisfied of the truth of the return they shall assess 
an excise tax of one third of one per cent upon such interest; 
and the person or partnership making such return shall be 
exempt from any tax upon said interest other than that 
assessed under this section. 

Section 2. Clause seventh of section eighteen of said 
chapter fifty-nine is hereby amended by inserting after the 
word "trade" in the second line of said clause the words: — 
or engaged exclusively in fishing and documented and carry- 
ing "papers" under the laws of the United States, — so as to 
read as follows : — Seventh, Ships or vessels, other than those 
in the interstate or foreign carrying trade or engaged exclu- 
sively in fishing and documented and carrying "papers" 
under the laws of the United States as to which return is 
made under section eight, owned by a partnership, shall be 
assessed to the several partners in their places of residence, 
if within the commonwealth, proportionally to their interests 
therein; but the interests of the several partners residing 
without the commonwealth shall be assessed to the partner- 
ship in the place where its business is carried on. 

Section 3. Chapter sixty-three of the General Laws is 
hereby amended by striking out section sixty-seven and 
inserting in place thereof the following: — Section 67. The 
commissioner shall annually assess as of the last day of the 
taxable year, as defined in paragraph numbered six of section 
thirty, an excise tax upon the interest of every corporation 
organized under the laws of this commonwealth and having 
a place of business therein, in any ship or vessel which has, 
during the period of its business in the year preceding such 
day, been engaged in interstate or foreign carrying trade or 
engaged exclusively in fishing and documented and carrying 
"papers" under the laws of the United States, which tax 
shall be one third of one per cent upon the value of such 
interest as determined by him. Such tax shall become due 
and shall be collected at the same time and in the same 
manner as other taxes assessed to such corporations. The 
president and treasurer of every such corporation owning an 
interest in any such ship or vessel shall annually, within the 
first ten days of April, make a return to the commissioner, 
on oath, setting forth in detail the name of the ship or vessel, 
the interest of the corporation therein, and the value of such 
interest. If the commissioner is satisfied of the truth of the 
return he shall deduct said value from the value of its cor- 
porate excess as determined by him, if it is taxable under 
sections thirty to thirtj^-eight, inclusive, or from the value 



Acts, 1928. — Chaps. 144, 145. 147 

of its corporate franchise, if it is taxable under section fifty- 
eight. 

Section 4. This act sliall be operative as of March when operative. 
thirty-first of the current year. 

Approved March 20, 1928. 



An Act enlarging the scope of the small claims pro- Chav.l^^ 

CEDURE LAW. 

Be it enacted, etc., as follows: 

Section 1. Section twenty-one of chapter two hundred ^c^amfnded' 
and eighteen of the General Laws, as amended by section one 
of chapter ninety-nine of the acts of nineteen hundred and 
twenty-two, is hereby further amended by striking out, in 
the ninth hne, the word "thirty-five" and inserting in place 
thereof the word : — fifty, — so as to read as follows : — 
Section 21. The justices or a majority of them of all the Alternative 
district courts, except the municipal court of the city of Bos- fabfilhed'by" 
ton, shall make uniform rules applicable to said courts, and g-^yf/g^ger^" 
the justices of the municipal court of the city of Boston shall 
make rules applicable to that court, providing for a simple, 
informal and inexpensive procedure, hereinafter called the 
procedure, for the determination, according to the rules of 
substantive law, of claims in the nature of contract or tort, 
other than slander and libel, in which the plaintiff does not 
claim as debt or damages more than fifty dollars, and for a 
review of judgments upon such claims when justice so re- 
quires. The procedure shall not be exclusive, but shall be 
alternative to the formal procedure for causes begun by writ. 
Actions under this and the four following sections shall be Venueof 
brought in the judicial district where the defendant lives or smXciSns. 
has his usual place of business. 

Section 2. This act shall take effect on the first of Effective date. 
September in the current year. 

Approved March 20, 1928. 



An Act providing for biennial municipal elections in Chav. 145 

THE city of FITCHBURG. 

Be it enacted, etc., as follows: 

Section 1. Beginning with the year nineteen hundred i^areiMttoM"^" 
and twenty-nine, municipal elections in the city of Fitchburg in city of 
for the choice of mayor, members of the city council and cho'ice^oP ""^ 
members of the school committee shall be held biennially on •certain officers. 
the Tuesday next following the first Monday in November 
in each odd-numbered year. 

Section 2. At the municipal election to be held in said cpuSekl'**' 
city in December in the year nineteen hundred and twenty- tionin'1928, 
eight, the mayor and members of the city council elected at """^ 
large shall be elected to serve for one year from the first 
Monday in January following their election and until their 



148 



Acts, 1928. — Chap. 145. 



Election in 
1929, terms 
of office. 



Inauguration 
meeting. 



Oath. 



Terms of office 
of members 
of school com- 
mittee elected 
in 1927 to 
continue, etc. 



School com- 
mittee, election 
in 1928 and 
1929, terms of 
office, etc. 



School com- 
mittee, election 
in 1931, terms 
of office, etc. 



Vacancies. 



Submission to 
voters, etc. 



successors are qualified. At the biennial municipal election 
to be held in said city in nineteen hundred and twenty-nine 
and at every biennial municipal election thereafter, the 
mayor and all members of the city council shall be elected to 
serve for two years from the first Monday in January follow- 
ing their election and until their successors are qualified. 

Section 3. On the first Monday in January following a 
regular municipal election, or on the day following when said 
first Monday is a holiday, at ten o'clock in. the forenoon, the 
mayor-elect and the councillors-elect shall meet and be 
sworn to the faithful discharge of their duties. The oath shall 
be administered as provided in section seventeen of chapter 
forty-three of the General Laws. 

Section 4. Members of the school committee of the said 
city, except members elected to fill vacancies, elected in the 
year nineteen hundred and twenty-seven shall continue to 
hold office until the qualification of their successors who shall 
be elected at the biennial municipal election in the year 
nineteen hundred and thirty-one. Members of said school 
committee to be elected in the year nineteen hundred and 
twenty-eight shall be elected to serve for three years, and 
those to be elected in the year nineteen hundred and twenty- 
nine shall be elected to serve for four years, from the first 
Monday in January following their election and until their 
succe.ssors are quahfied. At the biennial municipal election 
in the year nineteen hundred and thirty-one there shall be 
elected four members of the school committee, one to serve 
for two years and three to serve for four years from the first 
Monday in January following their election and until their 
successors are qualified, and thereafter at every biennial 
municipal election three members of the school committee 
shall be elected to serve for four years from the first Monday 
in January following their election and until their successors 
are qualified. Vacancies in the school committee shall be 
filled as provided in section thirty-six of chapter forty-three 
of the General Laws, as amended by section six of chapter 
two hundred and thirty-seven of the acts of nineteen hundred 
and twenty-two. 

Section 5. This act shall be submitted to the voters of 
the city of Fitchburg at the next biennial state election in the 
form of the following question which shall be printed on the 
official ballot to be used in said city at said election: — 
"Shall an act passed by the general court in the year nineteen 
hundred and twenty-eight, entitled 'An Act providing for 
biennial municipal elections in the city of Fitchburg' 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 effect in said city, but not otherwise. 

Approved March 20, 192S. 



Acts, 1928. — Chap. 146. 149 



An Act authorizing the barnstable water company to Qfidy 14A 

FURNISH WATER IN THAT PART OF THE TOWN OF YARMOUTH 
KNOWN AS WEST YARMOUTH AND PROVIDING THAT SAID 
TOWN MAY ESTABLISH A WATER DISTRIBUTING OR WATER 
SUPPLY SYSTEM. 

Be it enacted, etc., as follows: 

Section 1. The Barnstable Water Company, a corpora- Bamatabie 
tion created by chapter two hundred and eighty-six of the mfyluppiy'^''^ 
acts of nineteen himdi'ed and eleven, may extend its mains water to that 

,, ii,i/ ^1 c-tr part of town 

into and throughout that part of the town of Yarmouth of Yarmouth 
known as West Yarmouth, which for the purposes of this Yarmoufk^"^* 
act shall be deemed to embrace all that part of the said town 
of Yarmouth within the lines of the present precinct number 
four of said town, and may supply the inhabitants of said 
part of said town with water for domestic, manufacturing and 
other purposes, including the extinguishment of fires, sub- 
ject however to the conditions and restrictions set forth in 
sections five and six. 

Section 2. Said corporation, for the purposes aforesaid, May use same 
ma}^ use the same sources of water supply which it now uses ^ur^cesl^et^.^ 
or may hereafter use in supplying water to the inhabitants 
of the town of Barnstable under the provisions of said chapter 
two hundred and eighty-six, and any act in amendment 
thereof or in addition thereto. Said corporation, for the May lease, take 
general purpose of supplying the inhabitants of said part of pufSerete., 
the town of Yarmouth and the inhabitants of the town of fandg^el^^*®"' 
Barnstable with water in pursuance of said chapter two hun- in town of' 
dred and eighty-six and this act, may, subject to the direction "^^■■™°"'^'*- 
and approval of the selectmen of said town of Yarmouth, 
lease, take by eminent domain under chapter seventy-nine 
of the General Laws, or acquire by purchase or otherwise, 
and may hold and convey, the waters or so much thereof as 
may be necessary, of any underground water from wells 
which may be constructed or sunk at any suitable point for 
such supply within the limits of said part of the town of 
Yarmouth, together with any water rights connected there- 
with, and also all lands, rights of way and easements neces- 
sary for holding such water, for preserving and protecting 
the quahty thereof and for conveying the same to said part 
of said town of Yarmouth for the purposes aforesaid. Such May erect on 
corporation may, subject to the direction and approval of the proper^daLs. 
selectmen of said town of Yarmouth, erect on the land thus ''"'•'^'ng^' «'*<=■ 
taken or held, proper dams, buildings, standpipes, fixtures 
and other structures, and may make excavations, procure 
and operate machinery and provide such other means and 
apphances, and do such other things, as may be necessary for 
the establishment and maintenance of complete and effective 
water works for the purposes aforesaid; provided, that no Proviso. 
source of water supply for domestic purposes or lands neces- 
sarj^ for preserving or protecting the quality of such water 
shall be acquired under this act without the consent of the 



150 



Acts, 1928. — Chap. 146. 



May lay con- 
duits, pipea, 
etc. 



May dig up, 
raise and em- 
bank lands, 
highways, etc. 



Restrictions as 
to entry upon 
railroad 
locations, etc. 



May take cer- 
tain lands in 
Barnstable or 
West Yarmouth. 



May distribute 
water through- 
out Yarmouth, 
fix rates, etc. 



Rights within 
Yarmouth 
given to 
Barnstable 
Water Company 
to be available 
to any other 
water com- 
pany, etc. 



Provisos. 



department of public health, and that the location of all 
dams, reservoirs, wells or other works for collecting or storing 
water shall be subject to the approval of said department. 

Section 3. For the aforesaid purposes said corporation 
may construct, lay and maintain aqueducts, conduits, pipes 
and other works under and over any land, water courses, 
canals, dams, railroads, railways and pubhc or other ways, 
and along, under or over any highway or other way in the 
town of Barnstable or the said part of Yarmouth, in such a 
manner as not unnecessarily to obstruct the same; and for 
the purpose of constructing, laying, maintaining and repair- 
ing such aqueducts, conduits, pipes and other works, and for 
all proper purposes of sections one to four, inclusive, said 
corporation may dig up, raise and embank any such lands, 
highways or other ways in such manner as to cause the least 
hindrance to pubhc travel; but all things done in or upon 
any such public way or place shall be subject to the direction 
and approval of the selectmen of the town wherein the same 
is situated. Said company shall not enter upon, construct 
or lay any aqueduct, conduit, pipe or other works within the 
location of any railroad company except at such times and 
in such manner as it may agree upon with such corporation, 
or, in case of failure so to agree, as may be approved by the 
department of public utilities. For the aforesaid purposes 
said corporation may take by eminent domain under chapter 
seventy-nine of the General Laws, or acquire by purchase or 
otherwise, and hold, all lands, rights of way and easements 
in said town of Barnstable or said part of said town of Yar- 
mouth necessary for receiving, holding and distributing said 
water, and any person injui'ed in his property by any such 
taking or by a taking under section two may recover damages 
from said corporation under said chapter seventy-nine. 

Section 4. Said corporation may distribute water 
throughout the said part of the town of Yarmouth, may regu- 
late the use of the same and may, subject to the approval of 
the department of public utilities, establish and fix from time 
to time, and may collect, the rates for the use of said water. 
Said corporation may make such contracts with said town, 
or with any fire or water district hereafter established in said 
part thereof, or with any individual, firm, association or 
corporation therein, to supply water thereto for the extin- 
guishment of fires and for such other purposes as may be 
agreed upon. 

Section 5. The rights and privileges within the town of 
Yarmouth given by this act to the Barnstable Water Com- 
pany shall be available, at any time after five years from the 
passage of this act, to any other water company subject to 
the provisions of chapter one hundred and sixty-five of the 
General Laws, which may desire to supply the inhabitants 
of said town, or any part thereof, with water for the purposes 
set forth herein; provided, that the conditions and restric- 
tions herein set forth apphcable to said Barnstable Water 
Company shall apply equally to such other company; and 



Acts, 1028. — Chap. 146. 151 

provided further that no such other company shall extend 
its mains into such part of the town of Yarmouth as may, at 
the time, be receiving or obtaining water from the Barnstable 
Water Company or from the town of Barnstable or Yarmouth. 

Section 6. The town of Yarmouth, by action of its Town of Var- 
selectmen authorized by a two thirds vote of its voters present Ske^etarcer- 
and voting on the question at a town meeting at which the ^f^'^n^^^atcv 
voting list shall be used, may for the purpose of supplying company sup- 
or distributing water to the inhabitants of such town, or of hibiunts with 
any part thereof, take by eminent domain under chapter ^^^^^r, etc 
sevent.y-nine of the General Laws, or acquire by purchase or 
otherwise, the mains, pipes, hydrants and other corporate 
property of any water company supplying such inhabitants 
with water hereunder, located within the limits of said town 
of Yarmouth, together with the franchise, charter rights and 
privileges pertaining thereto so far as the same relate to that 
part of the equipment of such company lying within the 
limits of said town; and the said town of Yarmouth may May contract 
contract with such company, or with the town of Barnstable wLte/company 
if said town has taken over under said chapter two hundred °[ Blrmtabie 
and eightj'-six the franchise, corporate property, rights and for water 
privileges of the Barnstable Water Company located within ^"^^ ^ ' ' ®*''' 
its limits or relating to that part of the equipment of said 
compan}^ Ijang within its limits, for a supply of water for the 
extinguishment of fires and for domestic, manufacturing and 
other purposes on such terms and conditions as may be agreed 
upon by said town and any such company or by said towns; 
provided, that such company, or the town of Barnstable if Proviso. 
it has taken over the franchise, corporate property, rights and 
privileges of the Barnstable Water Company within said 
town as aforesaid, shall, so long as required by contracts then 
existing, continue to supply the town of Yarmouth, or any 
fire or water district hereafter formed therein, with water to 
the same extent to which they may be supplied at the time 
of the taking or acquisition by the town of Yarmouth here- 
under, and all individuals and corporations in the town of 
Yarmouth, with water for domestic and other purposes to 
the same extent to which they may be supplied at the time 
of such taking or acquisition and at the same rates established 
by any such company or the town of Barnstable existing 
and in force at the time of such taking or acquisition or to 
which they may be reduced by such company or the town of 
Barnstable and the terms and rates for all water supplied 
shall be the same in both towns and shall not be increased 
above those existing and in force at the time of such taking 
or acquisition unless the town of Yarmouth and such com- 
pany or both of said towns, as the case may be, and any 
such fire or water district shall agree thereto, such agreement, 
in case of a town or district, to be by vote of the inhabitants 
thereof. In case of an acquisition by the town of Yarmouth indebtedness 
under this section, other than by eminent domain, of the conipan'^!*'ls- 
franchise, corporate property, rights and privileges of any t^™P^f°Yar''- 
such company within its limits, any indebtedness of such mouth, etc. 



152 



Acts, 1928. — Chap. 146. 



Recovery of 
damages in 
eminent domain 
taking. 



Town of Yar- 
mouth may 
supply inhabit- 
ants with 
water, etc., fix 
rates, etc. 



May take cer- 
tain waters, etc. 



Approval of 
department of 
public health. 
May take cer- 
tain lands, etc. 



May erect 
structures, lay 
conduits, etc. 



Restrictions as 
to entry upon 
railroad lo- 
cations, etc. 



company outstanding at the time of such acquisition may 
be assumed by said town and the purchase price shall be 
reduced accordingly; but nothing in this act shall render said 
town liable for any indebtedness or other liability of such 
company unless it has been specifically assumed as one of 
the terms of said acquisition. If the franchise, corporate 
property, rights and privileges of any such company as afore- 
said are taken by the town of Yarmouth by eminent domain 
hereunder, such company may recover damages from said 
town under said chapter seventy-nine. 

Section 7. The town of Yarmouth may supply itself and 
its inhabitants with water for the extinguishment of fires 
and for domestic and other purposes; may establish foun- 
tains and hydrants, relocate or discontinue the same, and 
may regulate the use of such water and fix and collect rates 
to be paid for the use of the same, and may maintain a water 
supply system for the aforesaid purposes subject to all general 
laws now or hereafter in force relating to municipal water 
supply systems, except as otherwise provided herein. 

Section 8. For the purposes set forth in the preceding 
section, said town, acting through its board of water commis- 
sioners hereinafter provided for, may also take by eminent 
domain under chapter seventy-nine of the General Laws, 
or acquire by purchase or otherwise, and hold, the waters 
of any pond, brook, stream or spring or of any ground water 
sources by means of driven or other wells or filter galleries, 
within the town of Yarmouth, not already used for public 
water supply, subject to the approval of the department of 
public health; and for the said purposes, through its said 
board of water commissioners, may take by eminent domain, 
under said chapter seventy-nine, or acquire by purchase or 
otherwise, and hold, all lands, rights of way, and other ease- 
ments necessary for collecting, storing, holding, purifying and 
preserving such water and conveying the same. Said town 
may erect on the lands acquired and held under sections six 
to twelve, inclusive, proper dams, buildings, fixtures and 
other structures, and may make excavations, procure and 
operate machinery and provide such other means and ap- 
pliances and do such other things as may be necessary for the 
establishment and maintenance of complete and effective 
water works; and for that purpose may construct and lay 
conduits, pipes and other works, over and under any lands, 
water courses, railroads, railways, and, subject to the consent 
and approval of the selectmen, over and under pubhc or 
private ways, and along such ways, in such manner as not 
unnecessaril}^ to obstruct the same; and for the purposes of 
constructing, maintaining and repairing conduits, pipes and 
other works, and for all other proper purposes under sections 
six to twelve, inclusive, may enter upon and dig up any such 
lands and ways, in such manner as to cause the least hin- 
drance to public travel thereon. The said town shall not enter 
upon, construct or lay any pipes, conduits or other works 
within the location of any railroad corporation, except at 



Acts, 1928. — Chap. 146. 153 

such time and in such manner as it may agree upon with such 
raih'oad corporation, or, in case of faihirc so to agree, as may 
be approved by the department of pubHc utihties. 

Section 9. Any person injured in his property by any Damages, 
action of said town or of its board of water conunissioners '"'^°^'«'>'' '^*^- 
under the provisions of sections six to twelve, inclusive, may 
recover damages from said town under said chapter seventy- 
nine; provided, that the right to damages for the taking of Proviso. 
an}-- water, Avater right or water source or for any injury 
thereto shall not vest until the water is actually withdrawn 
or diverted by said town under authority of said sections six 
to twelve, inclusive. 

Section 10. Said town, may, for the purpose of paying Town of var- 
the necessary expenses incurred or to be incurred under "ie'bonds^tc" 
sections six to twelve, inclusive, issue from time to time bonds 
or notes to an amount, not exceeding, in the aggregate, one 
hundred thousand dollars, which shall bear on their face the 
words. Town of Yarmouth Water Loan, Act of 1928. Each TownofVar- 
authorized issue shall constitute a separate loan, and such LoTn, Acf ^' 
loans shall be payable in not more than thirty years from °^ '^-^• 
their dates. Indebtedness incurred under this section shall 
be in addition to that authorized by the general laws, but 
shall, except as herein otherwise provided, be subject to 
chapter forty-four of the General Laws. Said town shall, at fo^'/^etc °^ 
the time of authorizing said loan or loans, provide for the 
payment thereof in accordance with the provisions of this 
section; and when a vote to that effect has been passed, a 
sum which, with the income derived from the water rates, will 
be sufficient to pay the annual expense of operating the water 
works, and the interest as it accrues on the bonds or notes 
issued as aforesaid, and to make such payments on the prin- 
cipal as may be required under this section, 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 the said loan or loans is extinguished. 

Section 11. Said town shall, after its acceptance of 5.°!^"!;°^;^^*^ 

_ . . , ' ^ commissioners, 

sections six to twelve, inclusive, at the same or a subsequent election, 
meeting, elect by ballot three persons to constitute a board ^""'^' 
of water commissioners, one of whom shall hold office until 
the expiration of three years, one until the expiration of two 
years, and one until the expiration of one year, from the next 
succeeding annual town meeting; and, at the annual town 
meeting held on the day the shortest of such terms expires, 
and at each annual town meeting thereafter, one such com- 
missioner shall be elected by ballot for the term of three years. 
All the authority granted to the town by sections six to Authority, etc. 
twelve, inclusive, except section ten and except as otherwise 
specially provided, shall be vested in said board of water 
commissioners; but said board shall be subject in all respects 
to such instructions, rules and regulations as said town may 
impose by its vote. A majority of said commissioners shall Quorum, 
constitute a quorum for the transaction of business. Any 
vacancy occurring in said board may be filled for the remain- 



154 



Acts, 1928. — Chap. 146. 



Vacancies, 
how filled. 



Control, etc., 
of property by 
commissioners. 



T^ fix water 
rates, etc. 

Income of 
water works, 
how applied, 
etc. 

Net surplus, 
how used. 



Annual report. 



Penalty for 
polluting 
water, etc. 



Sections 1 to 
5, inclusive, 
when to 
take effect. 



Sections 6 to 12, 
inclusive, when 
to take effect. 



Repeal. 



der of the unexpired term by the town at any meeting there- 
after. Any such vacancy may be filled temporarily by a 
majority vote of the selectmen, and the person so appointed 
shall hold office until the town fills the vacancy in the manner 
specified herein. 

Section 12. The land and other property taken or other- 
wise acquired under sections six to twelve, inclusive, shall be 
managed, improved and controlled by the board of water 
commissioners in such manner as they shall deem for the best 
interest of the town. Said board shall fix just and equitable 
prices and rates for the use of water, and shall prescribe the 
time and manner of payment. The income of the water works 
shall be applied to defraying all operating expenses, interest 
charges and payments on the principal as they accrue upon 
any bonds or notes issued under authority of section ten. If 
there should be a net surplus remaining after providing for 
the aforesaid charges, it shall be used for such new construc- 
tion as said board may determine upon; and in case a sur- 
plus should remain after payment for such new construction 
the water rates shall be reduced proportionately. No money 
shall be expended in any new construction by said board 
except from a surplus as aforesaid unless the town appro- 
priates the money therefor. Said board shall annually, and 
as often as the town may require, render a report of the con- 
dition of the works under its charge, and an account of its 
receipts and expenditures. 

Section 13. 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 under this act, shall forfeit and pay to the holder thereof 
three times the amount of damages assessed therefor, to be 
recovered in an action of tort; and upon conviction of any 
one of the above wilful or wanton acts shall be punished by a 
fine of not more than three hundred dollars, or by imprison- 
ment for not more than one year. 

Section 14. Sections one to five, inclusive, of this act 
shall take effect upon their acceptance by a majority of the 
legal voters of the town of Yarmouth present and voting 
thereon at any legal meeting called for the purpose within 
three years after the passage of this act, but the number of 
such meetings called in any one year shall not exceed three; 
sections six to twelve, inclusive, of this act shall take effect 
upon their acceptance in the manner aforesaid at any legal 
meeting of said town called for the purpose within ten years 
after the passage of this act; and for the purpose of such sub- 
missions said sections one to twelve, inclusive, shall take 
effect upon the passage of this act. 

Section 15. Chapter three hundred and thirty-seven of 
the acts of nineteen hundred and twenty-six is hereby re- 
pealed. Approved March 20, 1928. 



insurance. 



Acts, 1928. — Chap. 147. 155 



An Act AUTHORIZING THE PAYMENT OF DIVIDENDS ON POLICIES (Jfin'n \AJ 
OF LIFE OR ENDOWMENT INSURANCE UPON OR AFTER THE ^' 

DEATH OF THE INSURED. 

Be it enacted, etc., as follows: 

Section one hundred and forty of chapter one hundred and fl^^^/Jj' ^ ^^^' 
seventy-five of the General Laws is hereby amended by 
inserting after the word "otherwise" in the seventh and 
fifty-sixth Hues the words: — , except as hereinafter provided, 
— and b}^ adding at the end thereof the following new para- 
graph: — Nothing in this section shall be construed to pro- 
hibit the payment upon or after the death of the insured of a 
dividend for the current policy year, — so as to read as 
follows: — Section I40. Except as provided in this section, Annual divi- 
every domestic life company heretofore or hereafter or- cilslffMe^or' 
ganized, anything in its charter or its certificate of incorpora- endowment 
tion or special act to the contrary notwithstanding, shall 
provide in every policy of life or endowment insurance here- 
after issued that the proportion of the divisible surplus of the 
company contributed by said pohcy shall be ascertained and 
distributed annually, and not otherwise, except as hereinafter 
provided, beginning not later than the end of the third policy 
year; but such distribution shall not be made contingent 
upon the payment of any further premium except that if 
dividends are allowed on an anniversary of the policy pre- 
ceding the third, such dividends may be made subject to the 
pajaiient of the succeeding year's premium. Every such com- 
pany shall on December thirty-first of each year or as soon 
thereafter as practicable, after providing for the reserve re- 
quired by sections nine and eleven and for all other liabihties, 
including dividends declared upon the capital stock, if any, 
and such sum as may be held on account of existing deferred 
dividend policies, and providing also for a contingency re- 
serve not in excess of the limit prescribed in the following 
section, apportion its remaining funds upon the contribution 
to surplus plan, as dividends, to all other policies entitled to 
share therein. Each such dividend shall annually, at the 
option of the holder of the policy, (a) be payable in cash, or 
(6) applied in reduction of premiums, or (c) to the purchase 
of a paid-up addition, or (d) be left with the company to ac- 
cumulate to the credit of the policy and be payable at the 
maturity thereof, or be withdrawable in cash on demand by 
the holder of the policy, or appHed as hereinafter set forth; 
but if no election is made by the holder of the pohcy prior 
to any anniversary thereof, the dividend for that anniversary 
shall be held by the company as provided in option (d) ; and 
if any premium on the poHcy is not paid at the expiration of 
the days of grace, the company shall keep the policy in force 
by applying the dividend accumulations to the payment due 
on the policy if such accumulations are sufficient to make said 
payment in full, and shall forthwith mail a notice to the 



156 



Acts, 1928. — Chap. 148. 



Annual divi- 
dends on poli- 
cies of life or 
endowment 
insurance. 



When annual 
surplus dis- 
tribution shall 
begin on certain 
policies of in- 
dustrial in- 
surance. 



Section not 
applicable to 
contracts of 
pure endow- 
ment or annui- 
ties nor to cer- 
tain companies. 



Payment of 
dividends upon 
or after death 
of insured not 
prohibited. 



holder thereof at his last known address, stating what amount 
has been so apphed, and if a balance of the dividend accumu- 
lations remains to the credit of the policy, the amount thereof, 
provided that the share of the surplus so apportioned to a 
term policy shall not be available for the purchase of a paid- 
up addition, and provided that nothing herein contained shall 
operate to continue a policy in force beyond the period which 
any dividend accumulation so applied would carry the pohcy 
under its full premium rate, nor beyond the term for which 
the pohcy was originally issued, and that the affidavit of any 
officer, clerk or agent of the company, or of any one authorized 
to mail such notice, that the notice required by this section 
has been duly mailed by the company, shall be prima facie 
evidence that such notice was duly given. 

On policies of industrial insurance on which premiums are 
payable weekly the annual surplus distribution shall begin 
not later than the end of the fifth poHcy year, and be applied 
to the payment of any premiums, or at the option of the 
holder of the policy be made in cash, but such distribution 
shall not be made contingent upon the paj^ment of future 
premiums. 

This section shall not apply to contracts of pure endov/inent 
or annuities nor to any stock life company issuing only non- 
participating policies. A foreign life company which does not 
provide in every participating pohcy hereafter issued or 
delivered in the commonwealth that the proportion of the 
surplus accruing upon said policy shall be ascertained and 
distributed annually and not otherwise, except as hereinafter 
provided, either by payment in cash of the amount appor- 
tioned to a policy, or by its application to the payment of 
premiums or to the purchase of paid-up additions, or for the 
accumulation of the amounts from time to time apportioned, 
said accumulations to be subject to withdrawal by the policy 
holder, shall not be permitted to do new business within the 
commonwealth. 

Nothing in this section shall be construed to prohibit the 
payment upon or after the death of the insured of a dividend 
for the current policy year. Approved March 20, 1928. 



ChaV' 148 ^^ ^^'^ RELATIVE TO THE CONTENTS OF INDUSTRIAL LIFE AND 
ENDOWMENT POLICIES ISSUED BY DOMESTIC LIFE COMPANIES. 



G. L. 175, new 
section after 
§ 147. 



Contents of 
industrial life 
and endowment 
policies issued 
by domestic 
life companies. 



Be it enacted, etc., as follows: 

Section 1. Chapter one hundred and seventy-five of the 
General Laws is hereby amended by inserting after section 
one hundred and forty-seven the following new section: — 
Section 147 A. No domestic life company shall issue or de- 
liver any policy of industrial life or endowment insurance 
unless it contains a table, in a form satisfactory to the com- 
missioner, plainly showing in figures the extended term and 
paid-up insurance and the cash surrender values provided for 
by the two preceding sections. 



etc., amended. 



Acts, 1928. — Chap. 149. 157 

Section 2. Section one hundred and forty-eight of said Repeal- 
chapter one hundred and seventy-five is hereby repealed; 
but the provisions thereof shall continue to apply to policies 
heretofore issued. Approved March 20, 1928. 



An Act relative to the time of appointment of election (Jfid^y 149 

OFFICERS. 

Be it enacted, etc., as follows: 

Section 1. Section eleven of chapter fifty-four of the o. l. 54, §11, 
General Laws, as amended by section one of chapter two 
hundred and four of the acts of nineteen hundred and twenty- 
three and by chapter ninety-one of the acts of nineteen 
hundred and twenty-five, is hereby further amended by 
inserting after the word "annually" in the second line the 
words : — not earlier than June fifteenth nor later than 
August fifteenth, — and by striking out, in the eleventh and 
twelfth lines, the words "between August first and fif- 
teenth" and inserting in place thereof the words: — -within 
forty-eight hours after it is made, — so as to read as follows: 
— Section 11. The mayor of every city, except where city Election officers 
charters provide otherwise, shall annually not earlier than cTtfe^.'tp'ipoint- 
June fifteenth nor later than August fifteenth appoint as ment', etc. 
election officers for each voting precinct, one 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 ma}^, in like manner, appoint two Additional 
inspectors and two deputy inspectors in addition, and such °^'^"^- 
additional inspectors to count and tabulate the votes as he 
may deem necessary. Every such appointment shall be filed f'""fnt^j^gn°g^ 
in the office of the city clerk of such city within forty-eight 
hours after it is made, 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 appoint- 
ment shall be open to public inspection. In cities where the Certain officers 
aldermen accept this section or have accepted corresponding appohited in 
provisions of earlier laws, no deputy warden, deputy clerk certain cities. 
or deputy inspectors shall be appointed. 

Section 2. Section twelve of said chapter fifty-four is g. l. 54, § 12. 
hereby amended by striking out, in the second line, the words amended, 
"between August first and fifteenth" and inserting in place 
thereof the words : — not earlier than June fifteenth nor later 
than August fifteenth, — so as to read as follows: — Section Election officers 
12. The selectmen of every town divided into voting pre- dlvid^d^into 
cincts shall annually, not earlier than June fifteenth nor later voting pre- 
than August fifteenth, appoint as election officers for each "" 
voting precinct, one warden, one deputy warden, one clerk, 
one deputy clerk, two inspectors and two deputy inspectors, 
who shall be voters of the precinct. They may, in like man- 
ner, appoint two inspectors and two deputy inspectors in 
addition. Approved March 20, 1928. 



158 



Acts, 1928. — Chaps. 150, 151. 



Chap. 150 An Act relative to the assessment of taxes in the 

TOWNS OF ENFIELD, GREENWICH AND PRESCOTT AS AFFECTED 
BY THE METROPOLITAN WATER SUPPLY ACT OF NINETEEN 
HUNDRED AND TWENTY-SEVEN. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of fixing the tax rate of the 
towns of Enfield, Greenwich and Prescott, the assessors of 
said towns are hereby severally authorized to treat as esti- 
mated receipts, deductible from the amount otherwise re- 
quired to be assessed, of their respective towns for the year 
in which the same are payable the amounts which said towns 
are respectively to receive from the metropolitan water supply 
commission in lieu of taxes under the provisions of section 
twenty of chapter three hundred and twenty-one of the acts 
of nineteen hundred and twenty-seven, any provision of sec- 
tion twenty-three of chapter fiftj^-nine of the General Laws 
to the contrary notwithstanding. 

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

Approved March 22, 1928. 



In fixing tax 
rate, assessors 
of towns of 
Enfield, Green- 
wich and 
Prescott to 
deduct sum 
paid by 
metropolitan 
water supply 
commission 
in lieu of 
taxes, etc. 



C/iftp.l51 An Act authorizing the city of taunton to borrow 

MONEY for school PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of acquiring land for school 
purposes, and for the construction of an addition to the 



City of 
Taunton may 
borrow money 
for school 
purposes. 



Loan, Act of 

1928, 



Taunton high school building which will increase the floor 
space thereof, including the cost of originally equipping and 
furnishing such addition, the city of Taunton may borrow 
from time to time, within a period of five years from the 
passage of this act, such sums as may be necessary, not ex- 
ceeding, in the aggregate, one hundred thousand dollars, and 
may issue bonds or notes therefor, which shall bear on their 
Taunton School fg^.^ ^^g words, Tauutou School Loan, Act of 1928. Each 
authorized issue shall constitute a separate loan, and such 
loans shall be paid in not more than fifteen years from their 
dates, but no issue shall be authorized under this act unless 
a sum equal to an amount not less than ten per cent of such 
authorized issue is voted for the same purpose to be raised 
by the tax levy of the year when authorized. 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, exclusive of the 
proviso inserted in section seven of said chapter by chapter 
three hundred and thirty-eight of the acts of nineteen hundred 
and twenty-three. 

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

Approved March 22, 1928, 



Acts, 1928. — Chap. 152. 159 



An Act amending the charter of the Massachusetts diQt) 152 

HOME MISSIONARY SOCIETY. 

Be it enacted, etc., as follows: 

Section 1. Chapter fifty-two of the acts of eighteen isos, 52, §§ i, 2 
hundred and eight, being an act passed February ninth, ^nfendld^ ' 
eighteen hundred and eight and entitled ''An act to incorpo- 
rate a society by the name of The Massachusetts Missionary 
Society", as affected by chapter thirty-five of the acts of 
eighteen hundred and twentj^-threc, by chapter fourteen of 
the acts of eighteen hundred and forty-four, by chapter one 
hundred and nineteen of the acts of eighteen hundred and 
eighty-six and by chapter eighty-one of the acts of nineteen 
hundred and twenty-four and as amended in section three by 
said chapter eighty-one, is hereby further amended by strik- 
ing out sections one, two and three and inserting in place 
thereof the following: — Section 1. Be it enacted hy the 
Senate and House of Representatives in General Court as- 
sembled, and by the authority of the same: That the Rev. Massachusetts 
Daniel Hopkins, the Rev. Samuel Spring, Mr. Henry Gray, conference"* 
the Rev. Samuel Niles and the Rev. Joseph Barker, with their lociityln"-"''"^' 
associates, for the purpose of diffusing the knowledge of the corporated. 
gospel of Jesus Christ among the heathen and others in re- 
mote and destitute places, also for the purposes of facilitating 
intercourse and fellowship between the Congregational 
churches and ministers of the commonwealth, of effecting 
cooperation between these churches for their mutual edifica- 
tion, of promoting their general missionary and benevolent 
activities and providing instrumentalities for the same, of 
affording opportunity for the presentation and discussion of 
matters affecting the interests of these churches and of the 
Congregational denomination at large and of acting in con- 
cert with other ecclesiastical bodies for the general increase of 
Christian union and spiritual eflficiency and the advancement 
of Christ's kingdom on the earth be and they are hereby 
incorporated and made a body politic and corporate for the 
purposes aforesaid by the name of Massachusetts Congre- 
gational Conference and Missionary Society; may sue and May sue and 
be sued, plead and be impleaded, appear, prosecute and ®^"^'®'^- 
defend to final judgment and execution, and may have a May have 
common seal which they may break, change, alter or renew common seal, 
at pleasure. 

Section 2. Be it further enacted: That the said corporation May hold real 
may take and hold by donation, bequest or otherwise real property""''* 
and personal property to an amount not exceeding five million 
dollars and may in addition take and hold in trust for any of 
the purposes specified in the first section of this act or for any 
purpose germane thereto any real or personal property to 
an amount not exceeding one million dollars which may be 
given, bequeathed or otherwise conveyed or transferred to 
them upon such trusts. The said corporation shall be eligible Eligible for 
to appointment as trustee under any written instrument af trist^*"*^ 



160 



Acts, 1928. — Chap. 153. 



Election of 
officers, etc. 



Moderator. 



Vacancies. 



Bequests, etc., 
made in name 
of " Massachu- 
setts Missionary 
Society" or 
" Massachusetts 
Home 
Missionary 
Society." 



Trust funds, 
etc. 



Effective upon 
acceptance by 
corporation. 

Proviso. 



whereb}^ any trust for any of the purposes specified in the 
first section of this act or for any purpose germane thereto 
is created or estabhshed. 

Section 3. Be it Jurther enacted: That the said corpora- 
tion may choose by ballot at their annual meetings a presi- 
dent, secretary, treasurer, and such number of trustees as 
they vciSiy think proper, and such other officers as they shall 
judge necessary. Persons chosen as trustees, other than 
those persons, if any, whom the said corporation may by 
their by-laws designate as trustees ex officio, shall hold office 
for such time, not exceeding five years, as the corporation by 
their by-laws may from time to time provide and all other 
officers shall hold office for one year. The said corporation 
may by their by-laws provide that their meetings shall be 
presided over by a moderator, to be chosen in such manner 
as they may from time to time determine, and may further 
provide by their by-laws that the ministers of Congregational 
churches in the conunonwealth and delegates appointed by 
such churches and other religious organizations may be 
members of the said corporation for the time being upon 
such, conditions and subject to such regulations as the said 
corporation may establish. All of the officers of the said 
corporation, when chosen, may hold their offices until others 
are chosen in their stead. Any vacancy in such offices shall 
be filled in such manner as the corporation may by their by- 
laws determine. 

Section 2. Any devise, bequest, gift or grant contained 
in any will or other instrument in trust or otherwise made 
before or after the effective date of this act to the said corpora- 
tion by the name of "Massachusetts Missionary Society" or 
"Massachusetts Home Missionary Society" shall inure to 
their benefit to the same extent as if made to them by the 
name of "Massachusetts Congregational Conference and 
Missionary Society." Nothing in this act shall be construed 
to authorize the application of any trust funds or other prop- 
erty held by said corporation to a purpose inconsistent with 
the terms of the trust. 

Section 3. This act shall take effect upom its acceptance 
by the said corporation at an annual meeting or at a special 
meeting duly called for the purpose, provided that such 
acceptance occurs not later than December thirty-first in the 
current year. Approved March 22, 1928. 



Chap. 153 An Act authorizing the city of chicopee to establish 

A BOARD OF PUBLIC W'ORKS. 

Be it enacted, etc., as follows: 

Section 1. The city of Chicopee shall, within thirtj' days 



Board of 
pubHc works 
in city of 
Chicopee 
established. 
Number of 



after the effective date of this act, establish a board of public 
works in accordance with its provisions. 

Section 2. The board of public works shall consist of 
com'prise'board. three pcrsons, legal voters of said city, who shall be appointed 



Acts, 1928. — Chap. 153. 161 

as follows: — The mayor shall appoint, one person to serve Terma. 
until the expiration of one year, one to serve until the expira- 
tion of two years, and one to serve until the expiration of 
three j-ears, from the first Monday in February, nineteen 
hundred and twenty-nine, and thereafter in the month of 
January of each year, one person to serve until the expiration 
of three years from the first Monday of February then next 
ensuing. A vacancy occurring may be filled at any time for Vacancies. 
the unexpired term by the mayor. The members of said Compensation, 
board of public works shall receive such compensation for 
their services as the board of aldermen may from time to time 
establish by ordinance. 

Section 3. Before entering upon the discharge of their Members to be 
duties, the members of said board shall be sworn to the faith- ^^°™' 
ful discharge thereof. 

Section 4. The powers of the board of pubHc works shall adm?Sst?ative. 
be administrative. It shall have cognizance, direction and etc. 
control of: (a) the construction, location, relocation, repair 
and care of the streets, ways, sidewalks and sewers; (b) the 
construction, alteration, repair and maintenance of public 
bridges; (c) the care, superintendence and management of 
public grounds belonging to the city and of shade and orna- 
mental trees gi'owing in and along city highways; provided, Proviso, 
that this act shall not affect the management of any pubHc 
park belonging to the city unless after the date this act takes 
effect the management thereof is specifically transferred to 
the board of public works by vote of the board of aldermen. 
Except as otherwise provided herein, the said board shall 
perform all the duties heretofore performed by the committees 
on highways, sidewalks and sewers of the board of aldermen, 
and such other duties as the board of aldermen shall from 
time to time by ordinance or otherwise prescribe. 

Section 5. The board may require that no person or Security to be 
corporation authorized by the board of aldermen to dig up boa^d before 
any pubhc street or sidewalk in said city shall begin such plf^jc^g^^et 
digging before furnishing to said board of public works or sidewalk, 
security satisfactory to it that such streets or sidewalks shall 
be restored to their former condition. The said board of power of road^ 
public works shall, except as otherwise provided by law, have commissioners 
exclusively the powers of, and be subject to the liabilities ° 
imposed by law upon, road commissioners of towns. 

Section 6. The board of public works shall have ex- to assess for 
elusive authority to determine and assess all assessments for wai^im- ^' ^ 
sewer and sidewalk improvements authorized under chapter provements. 
eighty-three of the General Laws. 

Section 7. The board of public works shall have the to recommend 
authority to recommend the installation and location of street etc., of street 
lighting. _ "ehting. 

Section 8. The board of public works shall annually in To appoint 
the month of February appoint a competent civil engineer, "*^ engineer, 
who shall be styled the city engineer, and who shall perform 
such duties as may be required of him by said board. He Compensation, 
shall hold office during the pleasure of the board and the 



162 



Acts, 1928. — Chap. 154. 



Superintendent 
of streets, etc., 
appointment. 



Provifio. 



Salaries fixed 
by board. 

Employment 
of mechanics, 
laborers, etc. 

Board to keep 
books, etc. 
Annual report, 
contents. 



Inconsistent 
acts repealed. 



Existing con- 
tracts not 
affected. 



Submission to 
voters, etc. 



said board shall fix his compensation. The said board may- 
appoint a superintendent of streets and such subordinate 
officers as may be necessary, and may establish the terms of 
office of such of them as are not under civil service; provided, 
that the incumbents, at the time this act takes effect, of 
such of said offices as are under civil service shall continue 
to serve as such under said board subject to the civil service 
laws and rules, but without further examination. The salaries 
of the superintendent of streets and subordinate officers shall 
be fixed by said board. It shall have authority to employ 
and discharge such mechanics, laborers and other employees 
as may be necessary for the conduct of the public work. 

Section 9. The board of public works shall keep proper 
books and records and shall make an annual report to the 
mayor and board of aldermen for each year ending November 
thirtieth. The said board shall include in said report such 
detailed statements of receipts and expenditures and work 
performed as the mayor and board of aldermen may require 
or the interests of the citizens may seem to demand. The 
said annual report shall also contain a schedule of all city 
property coming under the care of the said board. 

Section 10. All acts and parts of acts inconsistent here- 
with are hereby repealed, in so far as they relate to the city 
of Chicopee. 

Section 11. This act shall not affect any existing con- 
tract between the city of Chicopee and any person or cor- 
poration. 

Section 12. This act shall be submitted for acceptance 
to the voters of said city at the biennial state election in the 
current year in the form of the following question which shall 
be placed upon the official ballot to be used in said city at 
said election: — "Shall an act passed by the general court in 
the current year, entitled 'An Act authorizing the city of 
Chicopee to establish a board of pubHc works', be accepted?" 
If a majority of the votes cast on the said question are in 
the affirmative, this act shall thereupon take effect, but not 
otherwise. Approved March 22, 1928. 



Chap. 154i An Act regulating the use of the arms and flag of 
the commonwealth upon articles of jewelry. 



G. L. 264, § 6, 
amended. 



Be it enacted, etc., as follows: 

Section six of chapter two hundred and sixty-four of the 
General Laws is hereby amended by inserting after the word 
"purposes" in the eighth line the following: — , or to any 
article of jewelry upon which is placed a representation of the 
arms or flag of the commonwealth not connected with any 
advertisement and not used for advertising purposes, — by 
inserting after the word "flag" in the last line the words: — 
of the United States or of the commonwealth, — and by 
adding at the end thereof the following: — , or upon any 
representation of the arms of the commonwealth, — so as to 



Acts, 1928. — Chap. 155. 163 

read as follows : — Section 6. The preceding section shall penaPty'fo? *° 
not apply to publications issued solely for the purpose of misuse of flag 
giving information in relation to the flag, or of promoting state"' a^nd 
patriotism or of encouraging the study of American history, commo'nwmHh. 
or to any newspaper, periodical, book, pamphlet, certificate, 
diploma, warrant, or commission of appointment to oflSce, 
ornamental picture, article of jewelry, or stationery for use 
in correspondence, on which is printed, painted, or placed 
the flag of the United States not connected with any adver- 
tisement and not used for advertising purposes, or to any 
article of jewelry upon which is placed a representation of the 
arms or flag of the commonwealth not connected with any 
advertisement and not used for advertising purposes; but ^'unlt°ed^'^^ 
no words, figures, designs or other marks of any kind shall states or arms 
be placed upon the flag of the United States or of the com- monwe.°ith""' 
monwealth or representation thereof, or upon any repre- prohibited. 
sentation of the arms of the commonwealth. 

Approved March 22, 1928. 

An Act to eliminate from the relief laws the word (JJkij) 155 

"pauper". 

Be it enacted, etc., as follows: 

Section 1. Section four of chapter forty of the General g. l. 40, §4 

T 1 1 1 1 1 • J c J 1 ± c • etc., amended. 

Laws, as amended by chapter sixty-seven 01 the acts 01 nme- 
teen hundred and twenty-six, is hereby further amended by 
striking out, in the thirteenth line, the words "as a pauper", 
— by striking out, in the fourteenth and fifteenth lines, the 
words "pauper dependent upon it" and inserting in place 
thereof the words : — person who has no legal settlement, — 
and by striking out in the sixteenth line the words "overseers 
of the poor" and inserting in place thereof the words: — 
board of public welfare, — so as to read as follows: — Section contracts by 
4. A town may make contracts for the exercise of its cor- for spedse^'*"'^ 
porate powers and for the following purposes: For the dis- purposes. 
posal of its garbage, refuse and offal by contract for a term of 
years. Contracts for such disposal may be made by the 
selectmen, board of health or other officers having charge 
thereof. For the reception, care and treatment by hospitals 
established in or near the town, if it maintains and manages 
no hospital, of persons who by misfortune or poverty require 
relief during temporary illness; but this provision shall not 
add to the compensation now required from the common- 
wealth or from any town for the care and treatment of any 
person chargeable to them respectively, nor diminish the 
right of the commonwealth to require the removal to the 
state infirmary of a person who has no legal settlement. 
Contracts for such reception, care and treatment may be 
made by the board of public welfare or by the board of health. 
For the furnishing of transportation of school children. 
Contracts for such transportation may be made by the school 
committee for periods not exceeding three years. To pay 
interest at a rate not exceeding four per cent per annum. 



164 



Acts, 1928. — Chap. 155. 



G. L. 102, § 5, 
etc., amended. 



Relief and 
transpwrtation 
of shipwrecked 
seamen by 
boards of 
public welfare. 



Expenses, 
payment by 
commonwealth, 
etc. 



G. L. Ill, § 121 
amended. 



Treatment of 
venereal 
diseases and 
tuberculosis in 
certain institu- 
tions. 



Expense, by 
whom paid. 



during the lives of any persons in being at the time of enter- 
ing into such contract, upon anj'- cash gift which it may law- 
fully receive. 

Section 2. Section five of chapter one hundred and two 
of the General Laws, as amended by section two of chapter 
two hundred and forty-one of the acts of nineteen hundred 
and twenty-six, is hereby further amended by striking out, in 
the first line the words "Overseers of the poor" and inserting 
in place thereof the words: — Boards of public welfare, — 
by striking out, in the sixth line the word "overseers" and 
inserting in place thereof the word: — board, — and by 
striking out, in the eleventh and twelfth lines, the words "the 
temporary support of state paupers" and inserting in place 
thereof the words: — temporary aid, — so as to read as 
follows : — Section 6. Boards of public welfare of towns 
may provide transportation to destitute shipwrecked seamen 
from one place to another within the commonwealth, and 
such other assistance while they are awaiting transportation, 
not exceeding ten dollars for each person, as the said board 
deem necessary. A detailed statement of expenses so in- 
curred shall be rendered to the department of public welfare, 
and, after approval by it, such expenses shall be paid by the 
commonwealth, subject otherwise to the provisions of section 
forty-two of chapter one hundred and twenty-one, from the 
appropriation for temporary aid, without reference to the 
legal settlement of such seamen. 

Section 3. Section one hundred and twenty-one of 
chapter one hundred and eleven of the General Laws is 
hereby amended by striking out, in the seventeenth line, the 
words "overseers of the poor" and inserting in place thereof 
the words: — board of public welfare, — and by striking 
out, in the eighteenth line, the word "pauper" and inserting 
in place thereof the words: — charge, by the commonwealth 
after like notice, — so as to read as follows: — Section 121. 
An inmate of a pubhc charitable institution or a prisoner in 
a penal institution who is afflicted with syphilis, gonorrhoea 
or pulmonary tuberculosis shall be forthwith placed under 
medical treatment, and if, in the opinion of the attending 
physician, it is necessary, he shall be isolated until danger of 
contagion has passed or the physician determines his isolation 
unnecessary. If at the expiration of his sentence he is afflicted 
with syphilis, gonorrhoea or pulmonary tuberculosis in its 
contagious or infectious symptoms, or if, in the opinion of the 
attending physician of the institution or of such physician 
as the authorities thereof may consult, his discharge would 
be dangerous to pubhc health, he shah be placed under 
medical treatment and cared for as above provided in the 
institution where he has been confined until, in the opinion 
of the attending physician, the said symptoms have dis- 
appeared and his discharge will not endanger the pubhc 
health. The expense of his support, not exceeding three 
doflars and fifty cents a week, shall be paid by the town where 
he has a settlement, after notice of the expiration of his 



Acts, 1928. — Chap. 155. 165 

sentence and of his condition to the board of public welfare 
thereof, or, if he is a state charge, by the commonwealth 
after like notice to the department of pubhc welfare. 

Section 4. The second paragraph of section ten of chap- g. l. ii5. § lo, 
ter one hundred and fifteen of the General Laws, as amended ^^°' »°>ended. 
by section four of chapter two hundred and twenty-two of 
the acts of nineteen hundred and twenty-one, is hereby fur- 
ther amended by striking out, in the ninth and tenth lines, 
the words "the pauper laws" and inserting in place thereof 
the words: — chapter one hundred and seventeen, — so as to 
read as follows: — First Class, Each person of the first class Military aid, 
shall have his settlement in the town aiding him; shall have F^jgtdasa 
served as a soldier, sailor or nurse in the manner and under qualifications. 
the limitations prescribed in the first class of section six; 
shall have been honorably discharged or released from active 
duty in such United States service and from all appointments 
and enlistments therein; shall be poor and indigent and, by 
reason of sickness or other physical disability, in such need 
as would entitle him to relief under chapter one hundred and 
seventeen; shall not be, directly or indirectly, in receipt of 
any other state or mihtary aid, or of any pension for services 
rendered or disabilities incurred either in the civil or Spanish 
wars, the Philippine Insurrection, the China Relief Expedi- 
tion, Mexican border service or world war service as defined 
in section six. The disability must have arisen from causes 
independent of his military or naval service aforesaid. 

Section 5. The third paragraph of said section ten of ^^dJd' ^ *"' 
chapter one hundred and fifteen of the General Laws is 
hereby amended by striking out, in the fifth line, the words 
"the pauper laws" and inserting in place thereof the words: 
— said chapter one hundred and seventeen, — so as to read 
as follows: — Second Class, Each person of the second class Military aid, 
shall have his settlement in the town aiding him, and shall |g°ond class 
be an invalid pensioner, entitled to receive state aid, whose qualifications, 
income from pension or government compensation and state 
aid is inadequate for his relief, and who would otherwise 
receive relief under said chapter one hundred and seventeen. 

Section 6. Section twelve of said chapter one hundred ^^^ed' ^ *^' 
and fifteen is hereby amended by striking out, in the third 
line, the word "almshouse" and inserting in place thereof the 
word : — infirmary, — and by striking out, in the sixth line, 
the words "as paupers" and inserting in place thereof the 
words: — under chapter one hundred and seventeen or 
chapter one hundred and twenty-two, — so as to read as 
follows: — Section 12. No person shall be compelled to Conditions of 
receive military aid without his consent, nor shall any person mmtTry^aid. 
be compelled to receive military aid in an infirmary or other 
public institution unless his physical or mental condition 
requires it, and, except in such case, it shall be paid to or 
expended for those persons only who live separate from 
persons receiving support under chapter one hundred and 
seventeen or chapter one hundred and twenty-two. The 
aldermen, selectmen, soldiers' relief commissioner or the 



166 



Acts, 1928. — Chap. 155. 



Notice in 
certain cases. 



G. L. 115. § 20, 
etc., amended. 



Expense of 
burial of 
indigent 
soldiers, etc., 
limited. 



Place of 
burial. 



Conduct of 
funeral. 
Returns of 
expenditures, 
etc., by cities 
and towns. 



State reim- 
bursement. 



G. L. 116, title 
amended. 

Settlement. 



G. L. 116, § 2, 
amended. 



commissioner of state aid and pensions may require a person 
to whom military aid is granted to pay over his United States 
pension or compensation to them to be expended for his 
relief before receiving such aid. In all cases where an appli- 
cant for military aid has a settlement outside the town where 
application is made, the official required to act thereon shall, 
within three days, notify the corresponding official in the town 
of the applicant's settlement, and also the commissioner. 

Section 7. Section twenty of said chapter one hundred 
and fifteen, as amended by section sixty-eight of chapter three 
hundred and sixty-two of the acts of nineteen hundred and 
twenty-three, by chapter two hundred and sixty-six of the 
acts of nineteen hundred and twenty-four and by chapter two 
hundred and twenty-six of the acts of nineteen hundred and 
twenty-seven, is hereby further amended by striking out, in 
the eighth line, the words "the pauper dead" and inserting 
in place thereof the words: — persons buried under the pro- 
visions of chapter one hundred and seventeen, — so as to read 
as follows : — Section 20. The expense of a burial as afore- 
said shall not exceed one hundred dollars, two dollars of 
which shall be paid as compensation to the burial agent 
causing the interment to be made; but if the total expense of 
the burial, by whomsoever incurred, shall exceed two hun- 
dred dollars, no payment therefor shall be made by the com- 
monwealth. The burial shall not be made in any cemetery 
or burial ground used exclusively for the burial of persons 
buried under the provisions of chapter one hundred and 
seventeen, or in any part of any cemetery or burial ground so 
used. Relatives of the deceased who are unable to bear the 
expense of burial may be allowed to conduct the funeral. The 
full amount so expended, the name of the deceased soldier 
or sailor, the regiment, company, station, organization or 
vessel in which he served, the date of death, place of inter- 
ment, and in case of a wife or widow the name of the hus- 
band and date of marriage, and such other details as the com- 
missioner may require, shall be certified on oath to him, in 
such manner as he may approve, by the burial agent and the 
treasurer of the town expending the amount, within three 
months after the burial; and the commissioner shall endorse 
upon the certificate his allowance of such amounts as he finds 
have been paid, and reported according to the foregoing pro- 
visions, and shall transmit the certificate to the comptroller. 
The amounts legally paid and so allowed, with no expense 
for disbursement, shall be reimbursed by the commonwealth 
to the several towns on or before November tenth in the year 
after the expenditures have been made. 

Section 8. Chapter one hundred and sixteen of the 
General Laws is hereby amended by striking out, in the title 
thereof, the words "of paupers", — so that said title will 
read as follows: — settlement. 

Section 9. Section two of said chapter one hundred and 
sixteen is hereby amended by striking out, in the second line, 
the words "relief as a pauper" and inserting in place thereof 



Acts, 1928. — Chap. 155. . 167 

the words: — public relief, — and by adding at the end of 

said section the sentence: — This section shall not apply to 

aid or relief received under chapter one hundred and fifteen, 

— so as to read as follows: — Section 2. No person shall Settlement not 

acquire a settlement, or be in process of acquiring a settle- rMe"iving public 

ment, while receiving public relief, unless, within two years '"^''®^' ^*''' 

after receiving such relief, he tenders reimbursement of the 

cost thereof to the commonwealth or to the town furnishing 

it. This section shall not apply to aid or rehef received under 

chapter one hundred and fifteen. 

Section 10. Section three of said chapter one hundred Repeal. 
and sixteen, as amended by section two of chapter one hun- 
dred and eighty-seven of the acts of nineteen hundred and 
twenty-five, is hereby repealed. 

Section 11. Section four of said chapter one hundred and g. l. iie. §4, 
sixteen, as amended by section one of said chapter one hun- ^**'' ^"'®'''*®'^- 
dred and eighty-seven, is hereby further amended by striking 
out the first sentence. 

Section 12. Chapter one hundred and seventeen of the g. l. 117, title 
General Laws is hereby amended by striking out, in the title ^^^^d®'^- 
thereof, the words "of paupers", — so that said title will Support by 

, '» n ' Cities and 

read as follows: support by cities and towns. Towns. 

Section 13. Said chapter one hundred and seventeen is g. l. 117, § 3, 
hereby further amended by striking out section three and ^^^nded. 
inserting in place thereof the following: — Section 3. The Careof 
board of public welfare, either by one of their own number or supportira"^ 
by a duly appointed agent, shall, at least once in every six p^^buc expense. 
months, visit each place where needy persons are supported 
at public expense, and a record of each visit and of the con- 
dition of the persons visited shall be kept. 

Section 14. Section five of said chapter one hundred ^- \}^l- ^ ^' 
and seventeen is hereby amended by striking out, in the first ^^^ 
fine, the word "pauper" and inserting in place thereof the 
word: — person, — so as to read as follows: — Section 5. Liability for 
A person, his executor or administrator, shall be liable in ^"^p"''*- 
contract to the town where he has a settlement for expenses 
incurred by it for his support. 

Section 15. Section six of said chapter one hundred and g. l. 117, § e, 
seventeen is hereby amended by striking out the last sentence. ^™^" ^ 

Section 16. Section seven of said chapter one hundred ^n^deJ' ^ ^' 
and seventeen is hereby amended by striking out, in the 
fourth and in the seventh lines respectively, the word "pau- 
per" and inserting in place thereof in each instance the word: 
— person, — so as to read as follows: — Section 7. A jus- Superior court 
tice of the superior court sitting in equity in the county where kindrld\ound 
any one of such kindred to be charged resides, upon complaint to support. 
of any town or kindred put to expense for the relief or sup- 
port of such person, may on due hearing assess and apportion 
upon such of the kindred as it finds to be of sufficient ability 
and in proportion thereto such amount as he considei's reason- 
able for or towards the support of the person to the time of 
such assessment, and may enforce payment thereof by execu- 
tion in common form; but such assessment shall not extend 



168 



Acts, 1928. — Chap. 155. 



G. L. 117, § 8. 
amended. 



Assessment for 
future expenses. 



G. L. 117, § 9. 
amended. 



Further orders 
of court, etc. 



G. L. 117, § 11, 
amended. 



Costs, how 
taxed. 



G. L. 117, § 13, 
amended. 



Penalty for 
failure to give 
information to 
boards of 
public welfare 
of deposits. 



G. L. 117, § 15, 
amended. 



to any expense for relief afforded more than two years pre- 
vious to the fiHng of the complaint. 

Section 17. Section eight of said chapter one hundred 
and seventeen is hereby amended by striking out, in the third 
line, the word "pauper" and inserting in place thereof the 
word : — person, — so as to read as follows : — Section 8. 
The court may further assess and apportion upon said kindred 
such weekly amount as it finds sufficient for the futm'e sup- 
port of the person, which shall be paid quarterly until the 
fm'ther order of court; and upon application from time to time 
of the town or kindred, to whom it is ordered to be paid, the 
clerk of said court shall issue and may renew an execution 
for the arrears of any preceding quarter. 

Section 18. Section nine of said chapter one hundred and 
seventeen is hereby amended by striking out, in the fourth 
and in the sixth lines respectively, the word "pauper" and 
inserting in place thereof in each instance the word : — per- 
son, — so as to read as follows : — Section 9. The court 
may, upon application of any party interested, make further 
orders, alter such assessment and apportionment according 
to circumstances, and may order with and by whom of such 
kindred as desire it such person shall live and be relieved, 
and tHe length of time he shall live with different kindred, 
having regard to the comfort of the person as well as the 
convenience of the kindred. 

Section 19. Section eleven of said chapter one hundred 
and seventeen is hereby amended by striking out, in the 
second line, the word "pauper" and inserting in place thereof 
the word: — person, — so as to read as follows: — Section 
11. The court may award costs to either party, and if it 
adjudges two or more of the kindred of a person to be of 
sufficient ability to contribute to his support, it shall tax no 
more costs against any one respondent than is occasioned by 
his default or separate defence. 

Section 20. Section thu-teen of said chapter one hundred 
and seventeen is hereby amended by striking out, in the 
fourth line, the words "an overseer of the poor" and insert- 
ing in place thereof the words : — a member of the board of 
public welfare, — and by striking out, in the seventh line, 
the words "as a pauper", — so as to read as follows: — 
Section 13. A treasurer of a savings bank, institution for 
savings, national bank, trust company, co-operative bank, 
benefit association, insurance company or safe deposit com- 
pany who, upon request in writing signed by a member of 
the board of public welfare of a town, unreasonably refuses to 
inform him of the amount deposited in the corporation or 
association to the credit of a person named in such request 
who is a charge upon such town, or who wilfully renders false 
information in reply to such request, shall forfeit fifty dollars 
to the use of such town. 

Section 21. Section fifteen of said chapter one hundred 
and seventeen is hereby amended by striking out, in the 
second line, the word "pauper" and inserting in place thereof 



Acts, 1928. — Chap. 155. 169 

the word : — person, — so as to read as follows : — Section Judgment 
15. A judgment for the plaintiff in such action shall be con- ''°'^*='"^'^®- 
elusive as to the settlement of such person in any future action 
between the same parties for his support. 

Section 22. Section sixteen of said chapter one hundred ^^i^J- ^ *®' 
and seventeen is hereby amended by striking out, in the first 
line, the word "pauper" and inserting in place thereof the 
word: — person, — and by inserting after the word "sup- 
ported" in said first line the words: — under this chapter, — 
so as to read as follows: — Section 16. If a person is sup- Liability when 
ported under this chapter in a town in which he has no settle- ^0^°^ b ^ 
ment, the town liable for his support shall not be required to removed. 
pay therefor more than at the rate of two dollars a week if it 
causes him to be removed within thirty days after receiving 
legal notice that such support has been furnished. 

Section 23. Section seventeen of said chapter one hun- g. l. ii7, § i7, 
dred and seventeen, as amended by chapter two hundred ^'*'- amended. 
and ninety-eight of the acts of nineteen hundred and twenty- 
thi'ee and by section four of chapter two hundred and forty- 
one of the acts of nineteen hundred and twenty-six, is hereby 
fm'ther amended by striking out, in the first and in the 
eighteenth lines respectively, the word "overseers" and 
inserting in place thereof in each instance the words: — 
board of public welfare, — and by striking out, in the thir- 
teenth and in the fifteenth lines respectively, the word "pau- 
per" and inserting in place thereof in each instance the word: 
— person, — so as to read as follows: — Section 17. The Support and 
board of public welfare of each town shall also relieve and ce"rtSn°fndigent 
support and may employ all poor persons residing or found persons. 
therein, having no lawful settlements within the common- 
wealth, until their removal to the state infirmary, and if they 
die shall decently bmy them. They shall also decently bury 
all deceased persons who, although without means of support 
while living, did not apply for public relief, and all unknown 
persons found dead. The expense thereof may be recovered Expense, re- 
of their kindred, if any, chargeable by law for their support Sndred° etc. 
in the manner provided in this chapter; and if the expense of state aUowance 
their burial is not paid by such kindred, an amount not ex- expense of 
ceeding forty dollars for the funeral expenses of each person plr^ng?"'^'®®'** 
over twelve years of age, and not exceeding twenty dollars 
for the funeral expenses of each person under that age, shall 
be paid by the commonwealth subject to the provisions of 
section forty- two of chapter one hundred and twenty-one; 
provided, that the board of public welfare shall file with each Provisos. 
claim an affidavit of the undertaker stating the total amount 
of his bill, the amount received from the town and the amount 
received from all other sources; and provided, further, that 
if the total expense of the burial, by whomsoever incurred, 
shall exceed the sum of one hundred dollars, no payment 
therefor shall be made by the commonwealth. 

Section 24. Section eighteen of said chapter one hun- g. l. m, § is, 
dred and seventeen, as amended by chapter two hundred and ®**'' amended, 
twenty-one of the acts of nineteen hundred and twenty-four 



170 



Acts, 1928. — Chap. 155. 



Cities and 
towns may 
furnish aid to 
certain poor 
persons , etc. 



Removal to 
state in- 
firmary, etc. 



Expenses. 



Proceedings 
upon refusal 
to submit to 
removal, etc. 



Court order for 
removal, etc. 



Expenses, ap- 
proval and 
payment by 
commonwealth 



and by section five of said chapter two hundred and forty- 
one, is hereby further amended by striking out, in the fourth 
and in the fifth Hnes respectively, the word "overseers" and 
inserting in place thereof in each instance the words: — 
board of public welfare, — and by striking out, in the thirty- 
fourth line, the word "pauper" and inserting in place thereof 
the word : — charge, — so as to read as follows : — Section 
18. A town may furnish temporary aid to poor persons found 
therein, having no lawful settlements within the common- 
wealth, if the board of public welfare consider it for the public 
interest; and the board of public welfare shall in every case 
give written notice within five days to the department of 
public welfare, which shall examine the case and order such 
aid as it deems expedient. If it directs a discontinuance of 
such aid, it shall remove such persons to the state infirmary 
or to any state or place where they belong, if their necessities 
or the public interests require it, and the superintendent of 
said infirmary shall receive the persons removed thereto as if 
they were sent there in accordance with section seven of 
chapter one hundred and twenty-two. A detailed statement 
of expenses so incurred shall be rendered, and after approval 
by the department such expenses shall be paid bj^ the com- 
monwealth. If any such person refuses to submit to removal, 
the department or any of its officers or agents may apply to 
the district court of the district where such person resides, 
for an order directing that such removal be made. Upon 
such application the court shall forthwith cause a summons 
to be served upon the person so refusing, and, if he be a 
minor, upon his parent or guardian, requiring the attendance 
of the person so summoned at a time and place appointed 
therein for hearing; and at such time and place shall hear and 
examine upon oath such person or persons, and shall hear 
such other evidence as may be material. If upon hearing it 
appears that the person sought to be removed is without a 
legal settlement in this commonwealth and is unable to 
support himself, and that his necessities or the public interests 
require his removal, the court shall issue an order in writing, 
directed to a duly constituted officer or agent of the depart- 
ment, reciting that such person appears to be a state charge, 
and that his necessities or the public interests require his 
removal, and commanding such officer or agent to remove 
him to the state infirmary or to any other state institution 
designated by the department, and such officer or agent shall 
thereupon make the removal as ordered. After the removal 
is made such officer or agent shall file such order, with his 
return thereon, with the clerk of the court from which it was 
issued. In every case where a removal is ordered a detailed 
statement of the expense incurred by any town for the sup- 
port of the person so removed while application for his re- 
moval was pending before the court shall be rendered, and 
after approval by the department shall be paid by the com- 
monwealth. Reimbm'sement by the commonwealth under 



Acts, 1928. — Chap. 155. 171 

the provisions hereof sliall be subject to the provisions of 
section forty-two of chapter one hundred and twenty-one. 

Section 25. Section twenty-three of said chapter one g. l. 117, § 23, 
hundred and seventeen is hereby amended by striking out, ^'"entied. 
in the first and second hnes, the words "as a pauper", — 
and by striking out, in the fourth hne, the word "overseers" 
and inserting in place thereof the words : — board of pubHc 
welfare, — so as to read as follows : — Section 23. A person Person 
who has actually become chargeable to a town where he has tow^ntSay be 
a settlement and who subsequently acquires a settlement in a removed out of 
place out of the commonwealth may be removed thereto by ^*'**^' ^^^^' 
the board of public welfare of such town by a written order 
directed to any person therein designated. 

Section 26. Section twenty-four of said chapter one g. l. 117, § 24, 
hundred and seventeen is hereby amended by inserting after a°"ended. 
the word "incurred" in the second line the words: — under 
this chapter or under chapter one hundred and twenty-two, 
— by striking out, in said second line, the word "pauper" 
and inserting in place thereof the words : — person in need of 
public assistance, — and by striking out, in the third and 
fom-th lines, the word "overseers" and inserting in place 
thereof the words : — members of the board of public wel- 
fare, — so as to read as follows: — Section 2J,., Every town cities and 
shall be liable for any expense necessarily incurred under this [ndi^dua^i^fo? 
chapter or under chapter one hundred and twenty-two for expense in- 
the relief of a person in need of public assistance therein by orcerta\n'^^ ^ 
any person not liable by law for his support, after notice and p®''^°'^^- 
request made to one or more of the members of the board of 
public welfare thereof, and until provision is made by them. 

Section 27. Said chapter one hundred and seventeen, g. l. 117, § 26, 
as amended in section twenty-six by chapter eighty of the ®*''"' *'"®"*^^^- 
acts of nineteen hundred and twenty-seven, is hereby further 
amended by striking out said section twenty-six and insert- 
ing in place thereof the following: — Section 26. If within Process in case 
one month after receiving such notice the board of public °f removal, 
welfare of the latter town does not cause such removal to be 
made or a written statement signed by one or more of said 
board, or by the executive officer or by the duly authorized 
agent of said board, of its objections thereto to be transmitted 
to said board requesting such removal, the board requesting 
it may, by a written order directed to a person therein desig- 
nated, cause the person to be removed to the town of his 
supposed settlement; and the board of public welfare thereof 
shall receive and provide for him; and such place shall be 
liable to the town incm-ring the same for the expenses of his 
support and removal, and shall be barred from contesting 
the question of settlement unless the settlement is denied in 
said statement. 

Section 28. Section twenty-nine of said chapter one g. l. 117, § 29, 
hundred and seventeen is hereby amended by striking out, ^^ended. 
in the second line, the words "overseers, to their" and insert- 
ing in place thereof the words : — board of public welfare, 



172 



Acts, 1928. — Chap. 155. 



Penalty for 
false repre- 
sentations. 



G. L. 117, § 30, 
amended. 



Estate of de- 
ceased person 
chargeable to 
city or town, 
by whom sold. 



G. L. 117, § 32, 
amended. 



Boards of 
public welfare 
to keep records 
of persons 
supported, etc. 



G. L. 117. § 35, 
amended. 



Penalty for 
failure to 
comply with 
requirements 
of three 
preceding 
sections. 



to its, — and by striking out, in the foui'th line, the words 
"as a pauper", — so as to read as follows: — Section 29. 
Whoever knowingly and wilfully makes any false written 
representations to the board of public welfare, to its agent 
or to the department of public welfare or its agents, for the 
purpose of causing any person to be supported in whole or in 
part by a town or by the commonwealth, shall be punished 
by a fine of not more than two hundred dollars or by imprison- 
ment for not more than one year. 

Section 29. Section thirty of said chapter one hundred 
and seventeen is hereby amended by striking out, in the first 
line, the word "pauper" and inserting in place thereof the 
word : — person, — by striking out, in the sixth line, the 
words "the pauper" and inserting in place thereof the words: 
— said person, — and by striking out, in the second and in 
the seventh lines respectively, the word "overseers" and 
inserting in place thereof in each instance the words: — 
board of public welfare, — so as to read as follows: — Section 
SO. Upon the death of a person who at his decease is actually 
chargeable to a town within the commonwealth, the board 
of public welfare thereof may take possession of all his real 
and personal property; and if administration is not taken 
upon his estate within thirty days after his decease, they may 
in their own names sell and convey so much thereof as may 
be necessary to reimburse the town for expenses incurred for 
said person. If any part of such property is withheld from 
said board of public welfare, they may in their own names sue 
for and recover possession of the real property, and shall have 
the same remedy for the recovery of the personal property 
or its value as an administrator might have in like case. 

Section 30. Section thirty-two of said chapter one hun- 
dred and seventeen is hereby amended by striking out, in the 
first line, the word "Overseers" and inserting in place thereof 
the words: — Boards of public welfare, — and by striking 
out, in the second line, the word "paupei-s" and inserting in 
place thereof the word : — persons, — so as to read as fol- 
lows: — Section 82. Boards of public welfare shall keep 
full and accurate records, in a form prescribed by the depart- 
ment of public welfare, of persons fully supported, persons 
relieved and partially supported, and travelers and vagrants 
lodged at the expense of their towns, and of the amount paid 
for such support and relief. 

Section 31. Section thirty-five of said chapter one hun- 
dred and seventeen is hereby amended by striking out, in the 
first line, the word "overseers" and inserting in place thereof 
the words : — board of public welfare, — and by striking out, 
in the sixth line, the words "of state paupers", — so as to 
read as follows : — Section 85. If the board of public welfare 
refuse or neglect to comply with the requirements of the three 
preceding sections, their town shall forfeit one dollar for each 
day's neglect; and the amount of such forfeiture, on being 
certified by the department to the state treasurer, shall be 
deducted from any amount to which said town may be 



Acts, 1928. — Chap. 155. 173 

entitled in reimbursement for relief as provided in sections r/ 
twelve and eighteen of chapter one hundred and twenty-two; " ^ 
and if no such reimbursement shall be due to said town, the 
forfeiture shall be deducted from any money which may be 
due to it from the commonwealth. 

Section 32. Section thirty-six of said chapter one hun- g. l. ii7, § 36, 
dred and seventeen is hereby amended by striking out, in the »™«"'^®*^- 
first and in the fifth lines respectively, the word "overseers" 
and inserting in place thereof in each instance the words: — 
board of public welfare, — and by striking out, in said first 
line, the word "pauper", — so as to read as follows: — Sec- Boards of 
tion 86. In every town the board of public welfare shall g,''pia'cr^"'"^° 
place every child in their charge and over two years of age in children in 
a respectable family in the commonwealth or in an asylum fammea%tc."' 
therein, to be there supported by the town according to the 
laws relative to the support of the poor until they can be 
otherwise cared for. The board of public welfare, personally 
or by agent, shall visit such child at least once in three months 
and make all needful inquiries as to his treatment or welfare. 

Section 33. Section thirty-seven of said chapter one g. l. ii7. § 37, 
hundred and seventeen is hereby amended by striking out, in ^.mended, 
the first, third and fourth, sixth and seventh lines respectively, 
the word "overseers" and inserting in place thereof in each 
instance the words : — board of public welfare, — and by 
striking out, in the second line, the word "pauper", — so 
as to read as follows : — Section 37. If the board of public Department of 
welfare, except in Boston, fail to place out any child under the ^ plL^croiS-* 
preceding section for two months after the date of receiving f^^^^ 
such child, the department, to the exclusion of the board of ^™ ea, w e . 
public welfare, shall perform such duty; and such child shall, 
under its direction, be supported by the town in the same 
manner as if placed out by the board of public welfare, and 
shall be subject to visitation by its officers or agents until it 
is satisfied that the board of public welfare wiU properly care 
for him. 

Section 34. Section seven of chapter one hundred and g. l. 121, § 7, 
twenty-one of the General Laws is hereby amended by strik- *°*®°'^®*^- 
ing out, in the second line, the words "state paupers" and 
inserting in place thereof the words: — persons who have no 
legal settlement, — by striking out, in the third line, the 
word "paupers" and inserting in place thereof the word: — 
persons, — by striking out, in the sixth line, the word "pau- 
pers" and inserting in place thereof the words: — persons 
aided, — by striking out, in the fom'teenth line, the word 
"almshouses" and inserting in place thereof the word: — 
infirmaries, — by striking out, in the twenty-third line, the 
words "town paupers" and inserting in place thereof the 
word : — persons, — and by adding at the end of said section 
the words : — by towns, — so as to read as follows : — Section Department 
7. The department shall, at least once a year, visit all places Agitations, 
where persons who have no legal settlement are supported, etc. 
and ascertain from actual examination and inquiry whether 
the laws relative to such persons are properly observed, par- 



174 



Acts, 1928. — Chap. 155. 



Inspection. 



G. L. 121, § 8 
amended. 

Duties of 
department 
relative to 
certain state 
charges. 



G. L. 121, § 9. 
etc., amended. 



Department 

may transfer 
inmates of state 
institutions, 
etc. 



ticularly in relation to such as are able to labor; and shall 
give such directions as will insure correctness in the returns 
required in relation to persons aided ; and may use necessary 
means to collect information relative to their support. It 
shall visit the state infirmary and the Lyman school for boys, 
for the purpose of inspection, at least once a month, and, by 
women appointed for the purpose, may at all hours of the 
day or night have access to the portions of said infirmary 
occupied by the women or children there maintained at 
public expense, and may require from the ofiicers of said 
institutions information concerning the condition and treat- 
ment of the inmates. It shall visit all infirmaries maintained 
in towns. It shall visit and inspect, at least once a year, 
every wayfarers' lodge and every public lodging house in the 
commonwealth, and for this purpose may enter upon any 
premises where such lodge or lodging house is maintained at 
any time of the day or night. It shall upon the request or 
with the consent of a charitable corporation which, under 
section twelve of chapter one hundred and eighty, is required 
to make an annual report to said department, at least once 
a year, visit and inspect the institution or investigate the work 
of such corporation. It may visit and inspect all places where 
persons are supported in families by towns. 

Section 35. Said chapter one hundred and twenty-one 
is hereby fm'ther amended by striking out section eight and 
inserting in place thereof the following: — Section 8. It 
shall ascertain whether any inmates of state institutions 
under its supervision have settlements in the commonwealth, 
and shall cause laws relative to the support by towns of sane 
state charges to be enforced, and may prosecute cases of 
bastardy if the mother has no settlement in the common- 
wealth. It shall also prepare, and annually mail, on or before 
April first, to the clerk of the board of public welfare of each 
town, a form for returns to be made by such boards under 
sections thirty-three and thirty-four of chapter one hundred 
and seventeen, and from said returns it shall prepare tables 
of persons supported by towns. 

Section 36. Said chapter one hundred and twenty-one, 
as amended in section nine by section twenty-eight of chapter 
four hundred and eighty-six of the acts of nineteen hundred 
and twenty-one, is hereby further amended by striking out 
said section nine and inserting in place thereof the following: 
— Section 9. It may transfer imiiates from one state chari- 
table institution to another, or send them to any state or place 
where they belong, if public interest or the necessities of the 
imnates so require. It may from time to time select for sup- 
port at the state farm any state charges whose labor, in 
domestic or other service at said institution, may contribute 
toward the cost of their support, or whose maintenance at the 
same may for special reasons be considered expedient, and in 
an emergency said department may transfer any inmates of 
the state infirmary to said institution, there to be supported 
while the emergency continues. The superintendent of the 



Acts, 1928. — Chap. 155. 175 

state farm shall receive and properly support all persons 
admitted to it under this section. 

Section 37. Section ten of said chapter one hundred and ^^j^' ^ ^''• 
twent3'--one is hereby amended by striking out, in the first 
line, the words "state pauper" and inserting in place thereof 
the word: — person, — by striking out, in the fourth line, 
the word "pauper" and inserting in place thereof the word: 
— person, — and by striking out in the fifth and sixth lines 
the words "the pauper" and inserting in place thereof the 
words : — said person, — so as to read as follows : — Section Removal of 
10. If a person, who has received a certificate described in to'^^acesoT"^ 
section seven of chapter one hundred and twenty-two desires settlement, 
to be sent to any state or place where he has a legal settle- 
ment, or to friends willing to support him, the department 
may remove said person, if in its judgment it is for the interest 
of the commonwealth and of said person. 

Section 38. Section twelve of said chapter one hundred ^^i^i' ^ *^' 
and twenty-one is hereby amended by striking out, in the 
thu'd and fourth lines, the words "any hospital provided for 
state paupers" and inserting in place thereof the words: — 
the state infirmary, — so as to read as follows: — Section Removal of 
12. The department may, if expedient, remove any person pe^o^n^, etc. 
infected with a disease dangerous to the public health, who 
is maintained or liable to be maintained by the common- 
wealth, to the state infirmary, or may provide such place of 
reception for such person as is judged best for his accommoda- 
tion and the safety of the public, which place shall be subject 
to the regulations of the department, and it shall have the 
same authority to remove such persons thereto as is conferred 
upon boards of health by section ninety-five of chapter one 
hundred and eleven, and any expenses incurred in carrjdng 
out this section may be paid from the annual appropriation 
for expenses in connection with smallpox and other diseases 
dangerous to the public health. 

Section 39. Section thii-ty-one of said chapter one hun- g. l. 121, § 31, 
dred and twenty-one, as amended by chapter three hundred ®*''' ^^^''^J^'^- 
and forty-four of the acts of nineteen hundred and twenty- 
four, is hereby further amended by striking out, in the six- 
teenth line, the words "overseers of the poor" and inserting 
in place thereof the words : — board of public welfare, — 
and by striking out, in lines twenty-three to twenty-seven, 
inclusive, the words "The charges paid by the common- 
wealth, or by any town, shall not be deemed to have been 
paid as state or pauper aid, and no person shall be deemed a 
pauper because of his inability to pay for the support of a child 
in said school ", — so as to read as follows : — Section 31 . The Massachusetts 
trustees may, upon written application of any child entitled admuSlnt^e*^!' 
to receive the benefit of said school, or upon such application 
by a parent, guardian or person having the legal custody of 
the child, or by any state or municipal department, board or 
officer having such custody, admit such child to said school, 
subject to such rules and regulations as the trustees may 
prescribe, and the trustees may discharge such child from the 



176 



Acts, 1928. — Chap. 155. 



Charges for 
support of 
children, pay- 
ment, etc. 



Board of 
certain children, 
payment by 
town. 



Tuition and 
board of 
certain 
children, 
payment by 
common- 
wealth. 
Action to 
recover charges. 

Care and 
custody of 
children by 
commonwealth . 

Detention. 



G. L. 121, § 39, 
amended. 



Department to 
prescribe forms 
for statistical 
returns, etc. 



G. L. 121, §41, 
amended. 



Banks to give 
information as 
to deposits. 



school. The charges for the support of the children of the 
school who are of sufficient ability to pay for the same, or have 
persons or kindred bound by law to maintain them, shall 
be paid by such children, such persons or such kindred at a 
rate determined by the trustees. The board of such children 
as have a legal settlement in a town shall be paid by the town 
at a rate not exceeding six dollars a week, notice of the recep- 
tion of the children by the trustees being given by them to 
the board of public welfare of the town as soon as practicable; 
and the tuition and board of those having no such settlement 
shall be paid by the commonwealth. The trustees may re- 
ceive other children having no means to pay for tuition and 
support, and the tuition and board of all such children shall 
be paid by the commonwealth. The attorney general and , 
district attorneys shall upon request bring action to recover 
said charges in the name of the state treasurer. The admis- 
sion of a child as aforesaid to the school shall be deemed a 
commitment of the child to the care and custody of the com- 
monwealth, and the trustees, with the approval of the de- 
partment, may detain the child at said school during its 
school age, or for such longer period dming its minority as in 
the opinion of the trustees will tend to promote the education 
and welfare of the child. 

Section 40. Section thirty-nine of said chapter one hun- 
dred and twenty-one is hereby amended by striking out, in 
the eighth and in the tenth lines respectively, the word "pau- 
per" and inserting in place thereof in each instance the word: 
— person, — so as to read as follows: — Section 39. The 
department shall prescribe the forms for statistical returns 
to be made by the superintendent of the state infirmary in 
his annual report, as to the sex, age and birthplace of the 
inmates, and the places from which they were sent. It shall 
also prescribe the form of and provide towns with blanks for 
the certificate required by section seven of chapter one hun- 
dred and twenty-two. Such certificate shall contain such 
inquiries as to the age, parentage, birthplace and former 
residence of and other facts relative to the person as the de- 
partment considers necessary, to which true answers shall be 
given before the person is received into the infirmary. 

Section 41. Section forty-one of said chapter one hun- 
dred and twenty-one is hereby amended by striking out, in 
the sixth line, the words "as a pauper", — so as to read 
as follows: — Section 4^. A treasurer of a savings bank, 
national bank, trust company, co-operative bank, benefit 
association, insurance company or safe deposit company who, 
upon written request, signed by an officer of the department, 
unreasonably refuses to inform him of the amount deposited 
in the corporation or association to the credit of a person 
named in such request who is a charge upon the common- 
wealth, or who wilfully renders false information in reply to 
such request, shall forfeit fifty dollars, to the use of the com- 
monwealth. 



Acts, 1928. — Chap. 155. 177 

Section 42. Chapter one hundred and twenty-two of the g. l. 122, title 
General Laws is hereby amended by striking out, in the title ^^e^^^^^. 
thereof, the words "and state paupers", — so that said 
title will read as follows: — state infirmary. infirmar 

Section 43. Said chapter one hundred and twenty-two G.i^nliz, 
is hereby further amended by striking out section three and amended! 
inserting in place thereof the following: — Section 3. The powers of 
trustees shall have and exercise the same powers relative to iXmary.^ ^^""^^ 
inmates and their property as towns and boards of public 
welfare have relative to persons supported or relieved by 
them, and the same powers as said boards to return inmates 
of the state infirmary to the place or country from which they 
came. 

Section 44. Said chapter one hundred and twenty-two is g. l. 122, § 7. 
hereby further amended by striking out section seven and amended, 
inserting in place thereof the following: — Section 7. The Superintendent 
superintendent shall receive any person sent with a proper ^/tlln persons. 
certificate from the department of public welfare, in this 
chapter called the department, or from a board of public wel- 
fare, or from the institutions department of the city of Boston, 
or from some one duly authorized by said board or said de- 
partment, and shall provide for them under the rules and 
regulations made under section two. 

Section 45. Section eight of said chapter one hundred ^^^Pl' ^ ^• 
and twenty-two is hereby amended by striking out, in the ^""^^ 
seventh fine, the words "as a state pauper", — so as to read 
as follows : — Section 8. The superintendent, with the con- Contracts for 
sent of the trustees, may contract with any person for the f^l^esTirc. °^ 
employment of any inmate of the state infirmary in any kind 
of lawful labor for such wages or on such terms as the super- 
intendent and trustees approve. If a contract is so made, such 
inmate shall be discharged from the infirmary, and, if he 
refuses to accept the employment offered, shall forfeit all 
claim to support. 

Section 46. Section ten of said chapter one hundred and g. l. 122, § 10, 
twenty-two is hereby amended by striking out, in the fifth *™^° 
fine, the words "of a pauper", — so as to read as follows: — 
Section 10. A town where an inmate of the state infirmary Liability of 
is found to have a legal settlement shall be liable to the com- fo7°upportof 
mon wealth for his support in like manner as one town is liable certain inmates, 
to another in like cases; and in such case the department shall 
adopt the measures relative to notice, removal and recovery 
of expenses prescribed for towns in Uke cases. 

Section 47. Section eleven of said chapter one hundred ^^^IH' ^ "■ 
and twenty-two is hereby amended by striking out, in the ^^^ 
second and in the third lines respectively, the word "pau- 
pers" and inserting in place thereof in each instance the word: 
— persons, — so as to read as follows: — Section 11. The Liability of 
kindred Hable by law to towns for expenses in supporting such guppo^ of"^ 
persons shall in like manner be liable to the commonwealth such persons, 
for any expense incurred for such persons; and the depart- 
ment may adopt the same measures and institute like pro- 



178 



Acts, 1928. — Chap. 155. 



G. L. 122, § 12, 
amended. 



Husband and 
wife not to be 
separated, etc. 



G. L. 122, § 14, 
amended. 



Cities and 
towns to care 
for dependent 
persons, when. 



G. L. 122, § 1.5, 
etc., amended. 



Sending of 
certain persons 
to state 
infirmary by 
cities and 
towns. 
State reim- 
bursement for 
transportation 
expenses. 



G. L. 122, § 16, 
amended. 



ceedings for the recovery of such expenses from the kindred 
so liable as are prescribed for towns in like eases. 

Section 48. Section twelve of said chapter one hundred 
and twenty-two is hereby amended by striking out, in the 
jBrst line, the words "state pauper" and inserting in place 
thereof the words: — man who has no legal settlement and 
is in need of aid, — and by striking out, in said first line, the 
words "also a pauper having" and inserting in place thereof 
the words: — receiving aid and who has, — so as to read as 
follows: — Section 12. If a man who has no legal settlement 
and is in need of aid has a wife who is receiving aid and who 
has a legal settlement in the commonwealth, he shall be sup- 
ported by the town where his wife has her settlement; but 
the commonwealth, upon written notice to the department, 
shall reimburse such town for the cost of aid given him for 
SLxty days previous to notice and until otherwise ordered, 
the cost of such support being based upon the expense of 
supporting him had he been admitted to the state infirmary. 

Section 49. Section fourteen of said chapter one hundred 
and twenty-two is hereby amended by striking out, in the 
first and second fines, the words "state paupers" and insert- 
ing in place thereof the words: — dependent persons who 
have no legal settlement, — so as to read as follows: — Sec- 
tion llf. If the state infirmary be full, towms shall support 
dependent persons who have no legal settlement at the ex- 
pense of the commonwealth until notice is given by the super- 
intendent that they can be received. The superintendent 
shall give such notice by mail to towns according to priority 
of appHcation. 

Section 50. Section fifteen of said chapter one hundred 
and twenty-two, as amended by chapter one hundred and 
seventy-seven of the acts of nineteen hundred and twenty- 
three and by section seven of chapter two hundred and forty- 
one of the acts of nineteen hundred and twenty-six, is hereby 
further amended by striking out, in the third fine, the word 
"paupers" and inserting in place thereof the word: — per- 
sons, — and by striking out, in the eighth and ninth fines, 
the words "state pauper" and inserting in place thereof the 
words: — person having no settlement, — so as to read as 
follows: — Section 15. Towns may at their own expense 
send to the state infirmary, to be maintained at the pubfic 
charge, ah persons 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 and subject otherwise to the provisions of sec- 
tion forty-two of chapter one hundred and twenty-one, for 
the expense of transportation of each person having no settle- 
ment so sent, for the excess over thirty miles by the usual 
route, at a rate not exceeding twelve cents a mile. 

Section 51. Section sixteen of said chapter one hundred 
and twenty-two is hereby amended by striking out, in the 
second, seventh and eighth lines respectively, the word 
"pauper" and inserting in place thereof in each instance the 



Acts, 1928. — Chap. 155. 179 

word: — person, — so as to read as follows: — ^Sec/fon Removal of 
16. No town officer or agent having the care and oversight ^'"^ persons. 
of a sick person shall remove or attempt to remove him or 
cause him to be removed to the state infirmary unless there 
is reasonable cause to believe that such removal will not 
injure or endanger his health; provided, that in case of doubt Provisos. 
as to the safety of such removal such officer or agent shall 
obtain a certificate of a competent physician that at the 
request of such officer or agent he has examined such person, 
and that in his opinion such person can so be removed with- 
out injury or danger to his health; and provided, also, that 
such removal shall be made whenever ordered by the de- 
partment. A town officer or agent who violates this section penalty, 
or a phj^sician who gives a false certificate hereunder shall be 
punished by a fine of not less than twenty-five nor more than 
one hundred dollars or by imprisonment for not less than 
three nor more than twelve months, or both. 

Section 52. Section twenty-one of said chapter one g. l. 122, § 21, 
hundred and twenty-two is hereby amended by striking out, a^^ended. 
in the second line, the words "overseers of the poor" and 
inserting in place thereof the words: — board of public 
welfare, — and by striking out, in the fourth line, the word 
"pauper" and inserting in place thereof the words: — person 
aided under chapter one hundred and seventeen or under this 
chapter, — so as to read as follows: — Section 21. A justice certain 
of the superior court or of a district court or a trial justice, de^pof teS^ *° ^^ 
upon complaint of the board of public welfare of any town 
or of the department, may, by warrant directed to a constable 
or other person therein designated, cause any person aided 
under chapter one hundred and seventeen or under this chap- 
ter, not born or not having a settlement in the common- 
wealth, who may conveniently be removed, to be conveyed, 
at the expense of the commonwealth, to any other state, or, 
if not a citizen of the United States, to any place beyond sea, 
where he belongs. 

Section 53. Section twenty-two of said chapter one hun- Repeal, 
dred and twenty-two is hereby repealed. 

Section 54. Section three of chapter one hundred and ^^^ ^j- ^ ^• 
twenty-three of the General Laws is hereby amended by 
striking out, in the twelfth line, the words "overseers of the 
poor" and inserting in place thereof the words: — boards of 
public welfare, — and by striking out, in the thirteenth line, 
the word "paupers" and inserting in place thereof the words: 
— persons in need, — so as to read as follows : — Section 3. Department of 
The department shall have general supervision of all public scope of 
and private institutions for insane, feeble minded or epileptic authorityy^ 
persons, or for persons addicted to the intemperate use of 
narcotics or stimulants, and shall have charge of all such 
persons the care of whom is vested in the commonwealth by 
law, and supervision of all other persons received into any of 
said institutions. It shall supervise and control any institu- 
tion placed under it by the governor with the advice and 
consent of the council, and when so directed by the governor 



180 



Acts, 1928. — Chap. 155. 



G. L. 127, § 96, 
amended. 



Removal of 
infants from 
penal and 
reformatory 
institutions. 



G. L. 127, § 151, 
amended. 



Sick prisoner 
to be cared for 
in prison after 
expiration of 
sentence, etc. 



G. L. 210, § 3, 
amended. 



Consent to 
adoption not 
required in 
certain cases. 



it shall assume and exercise the powers of the trustees of any 
state hospital in any matter relative to the conduct or man- 
agement thereof. It shall have the same powers relative to 
state charges in institutions under its supervision, and to their 
property, as is vested in towns and boards of public welfare 
in the matter of the support and relief of persons in need. 

Section 55. Section ninety-six of chapter one hundred 
and twenty-seven of the General Laws is hereby amended by 
striking out, in the fifth Une, the words "overseers of the 
poor" and inserting in place thereof the words: — board of 
public welfare, — and by striking out, in the seventh and 
eighth lines, the words ", as is provided in the case of alien 
paupers", — so as to read as follows: — Section 96. If the 
officers having charge of such institution are of opinion that 
the health and comfort of such child require its removal, or 
that it is expedient that it should be removed, they shall 
give notice to the father or other kindred thereof, or, if no 
kindred can be found to receive it, to the board of public 
welfare of the town where it has a legal settlement, who shall 
receive it. If it has no settlement in the commonwealth, it 
shall be sent to the state infirmary. 

Section 56. Section one hundred and fifty-one of said 
chapter one hundred and twenty-seven is hereby amended 
by striking out, in the sixth line, the word "overseers" and 
inserting in place thereof the words : — board of public wel- 
fare, — and by striking out, in the seventh line, the words "is 
a state pauper" and inserting in place thereof the words: — 
has no legal settlement, — so as to read as follows : — Section 
151. A prisoner who, at the expiration of his sentence, is in 
such condition from bodily infirmity or disease as to render 
his removal impracticable shall be suitably cared for in the 
prison or other place of confinement until he is in a condition 
to be removed. The expense of his support, not exceeding 
three dollars and fifty cents a week, shall be paid by the town 
where he has a legal settlement, after notice to the board of 
public welfare thereof, or, if he has no legal settlement, to the 
department of public welfare, of the expiration of his sentence 
and of his condition. 

Section 57. Section three of chapter two hundred and 
ten of the General Laws is hereby amended by striking out, 
in the tweKth and in the twenty-second fines respectively, the 
words "as a pauper", — by striking out, in the twenty-third 
and twenty-fourth lines, the words "overseers of the poor" 
and inserting in place thereof the words : — board of public 
welfare, — and by striking out, in the twenty-fourth and 
twenty-fifth lines, the words "the overseers of the poor and 
to the trustees for children" and inserting in place thereof 
the words: — the overseers of the public welfare in the city 
of Boston and to the institutions department, — so as to read 
as follows: — Section 3. The consent of the persons named 
in the preceding section, other than the child or her husband, 
if any, shall not be required if the person to be adopted is of 
full age, nor shall the consent of any such person other than 



Acts, 1928. — Chap. 156. 181 

the child be required if such person is adjudged by the court adopt? n^not 
hearing the petition to be hopelessly insane, or is imprisoned required in 
in the state prison or in a house of correction in this common- '^'"^ ^^^ *^°^" 
wealth under sentence for a term of which more than three 
years remain unexpired at the date of the petition; or if he 
has wilfully deserted and neglected to provide proper care 
and maintenance for such child for two years last preceding 
the date of the petition; or if he has suffered such child to be 
supported for more than two years continuously prior to the 
petition by an incorporated charitable institution or by a 
town or by the commonwealth; or if he has been sentenced 
to imprisonment for drunkenness upon a third conviction 
within one year and neglects to provide proper care and 
maintenance for such child; or if such person has been con- 
victed of being a common night walker or a lewd, wanton and 
lascivious person, and neglects to provide proper care and 
maintenance for such child. A giving up in writing of a child, 
for the purpose of adoption, to an incorporated charitable 
institution shall operate as a consent to any adoption subse- 
quently approved by such institution. Notice of the petition Notice of 
shall be given to the department of public welfare, if the department 
child is supported by a town or by the commonwealth, and ^ {}^^''°j. 
if the child is supported by a town, notice shall also be given boards of 
to the board of public welfare thereof, and in Boston said et"^,^f dfn "^' 
notice shall be given both to the overseers of the public wel- is '"^pp°''*®'* 
fare in the city of Boston and to the institutions department, townretc!'^ 

Section 58. Section thirty-eight of chapter one hundred Repeals. 
and seventeen and section fifty-five of chapter two hundred 
and seventy-two of the General Laws are hereby repealed. 

Section 59. This act shall become operative on the first when 
day of February, nineteen hundred and twenty-nine. °^^^^ '^^" 

Approved March 22, 1928. 



Chap. 156 



An Act relating to the investments of fraternal 
benefit societies. 

Be it enacted, etc., as follows: 

Section 1. Chapter one hundred and seventy-six of the g. l. i76, § is, 
General Laws is hereby amended by striking out section amended, 
eighteen and inserting in place thereof the following : — 
Section 18. Every society shall invest its funds in securities Fraternal 
permitted by chapter one hundred and seventy-five for the so^c'-l^es. 
investment of the capital of insurance companies or may investment of 
deposit the same in any savings bank, or savings department 
of a trust company, chartered under the laws of the common- 
wealth; provided, that any foreign society permitted or Proviso, 
seeking to do business in the commonwealth may invest its 
funds in accordance with the laws of the state where it is 
incorporated, and provided, further, that a part thereof, not 
exceeding twenty per cent of its death fund, may be invested 
in a building for use and occupation by the society as its 
home office ; and that a society having branches situated in 



182 



Acts, 1928. — Chap. 157. 



G. L. 168. § 31, 
etc., amended. 



Amount of 
deposits in 
savings banks 
limited. 



Limitation not 
applicable to 
certain corpo- 
rations, frater- 
nal benefit 
societies, etc. 



the Dominion of Canada may invest a part of its death fund 
in the public funds of the Dominion of Canada, or of any 
province of the Dominion of Canada, not exceeding in the 
aggregate an amount equal to the sum of its collected pre- 
miums for the four months last past. 

Section 2. Chapter one hundred and sixty-eight of the 
General Laws, as most recently amended in section thirty- 
one by chapter sixty of the acts of the current year, is hereby 
further amended by striking out said section and inserting 
in place thereof the following : — Section 31 . Such corpora- 
tion may receive on deposit from any person not more than 
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 ; but this section shall not apply 
to deposits by a religious or charitable corporation or labor 
union, or credit union, or fraternal benefit society, or in the 
name of a judge of probate, or by order of any court, or on 
account of a sinking fund of a town in the commonwealth or 
of any trust fund held by a town for public uses, or of the 
funds of any state, county or municipal retirement or pension 
system or association. Approved March 22, 1928. 



Chap. 157 An Act relative to the liability of officers of domestic 

TITLE INSURANCE COMPANIES. 



G. L. 175, I 114, 
etc., amended. 



Title insurance 
companies not 
subject to 
G. L. 175, 
except, etc. 



Be it enacted, etc., as follows: 

Chapter one hundred and seventy-five of the General 
Laws, as amended in section one hundred and fourteen by 
section ten of chapter four hundred and six of the acts of 
nineteen hundred and twenty-four and by chapter seventy- 
three of the acts of nineteen hundred and twenty-five, is 
hereby further amended by striking out said section one 
hundred and fourteen and inserting in place thereof the 
following: — Section 114- A company organized under the 
eleventh clause of section forty-seven or under earlier laws 
relating to such companies shall not be subject to this chapter, 
except this section and sections three A, four, six, fifteen, 
sixteen, eighteen, nineteen, nineteen A, twenty-two, twenty- 
five, twenty-six, thirty, thirty-two, thirty-three, forty-four, 
forty-seven to forty-nine, inclusive, fifty-seven to sixty-one, 
inclusive, sixty-nine to seventy-two, inclusive, one hundred 
and sixteen, one hundred and eighty-nine, -one hundred and 
ninety-three A and one hundred and ninety-four, and the 
first paragraph, so far as applicable to the title guaranty fund, 
and the third paragraph, of section sixty-two. Such com- 
pany may transact all the kinds of business specified in said 
eleventh clause. Approved March 22, 1928. 



Acts, 1928. — Chaps. 158, 159. 183 



An Act relative to statements of presidential pref- Qhdj) 15Q 

ERENCE OF VOTERS AT THE CURRENT PRESIDENTIAL ^' 

PRIMARIES. 

Whereas, The deferred operation of this act would tend ^^'^^^biT^ 
to defeat its purpose, therefore it is hereby declared to be 
an emergency law, necessary for the immediate preserva- 
tion of the public convenience. 

Be it enacted, etc., as follows: 

Section 1. In addition to the matter now required by statement of 
law, the state secretary shall cause to be placed on the preference''' 
official ballot for use in the presidential primaries to be held 
the present year, the following : — 

PRESIDENTIAL PREFERENCE 

To express your individual preference for the person to Form on 
be nominated as the (name of political party) candidate for *'*"°*- 
president of the United States, insert the name of such per- 
son in the blank space below. 

My preference for (name of political party) candidate 
for president of the United States is 



Section 2. Such statements of voters of presidential ^biilatwn etc 
preference shall be counted, tabulated and entered in the 
records of election officers of votes cast. 

Approved March 23, 1928. 

An Act to establish a portion of the town line between Chap. 159 

THE TOWNS OF MARSHFIELD AND SCITUATE. 

Be it enacted, etc., as follows: 

Section 1. The following described line shall hereafter Portion of 
constitute a portion of the boundary line between the towns bet'ween'^^ ''°^ 
of Marshfield and Scituate: beginning at an unmarked point MrrsMeidand 
in the main channel of North river, said point bearing west- scituate 
erly from Fourth cliff in the town of Scituate; thence fol- ^*^^''^^^*^- 
lowing the main channel of South river (the greater part of 
which, previous to the storm of eighteen hundred and ninety- 
eight, was North river) in a southerly direction to an un- 
marked point in the centre of the channel of South river; 
thence north sixty degrees fifty-two minutes fifty-eight one 
hundredths seconds east (true "bearing) to a stone monument 
near the westerly shore of Humarock beach in latitude forty- 
two degrees seven minutes thirty-one and sixty-four one 
hundredths seconds, longitude seventy degrees forty minutes 



184 



Acts, 1928. — Chap. 160. 



fifty-eight and eight hundred seventy-eight one thousandths 
seconds; thence by same bearing four hundred and forty- 
seven and eighteen one hundredths feet to a memorial tablet 
near highwater mark, on the easterly side of said Huma- 
rock beach; thence by same bearing to the exterior Hne of the 
commonwealth. 
Section 2. This act shall take effect upon its passage. 

Approved March 23, 1928. 



Portion of 
boundary line 
between 

counties of 
Plymouth and 
Norfolk and 
between towns 
of Hingham 
and Cohasset 
established. 



C/ia».160AN Act re-establishing a portion of the boundary 

LINE between the COUNTIES OF PLYMOUTH AND NORFOLK 
AND BETWEEN THE TOWNS OF HINGHAM AND COHASSET. 

Be it enacted, etc., as follows: 

Section 1. The following described line shall hereafter 
constitute a portion of the boundary line between the coun- 
ties of Plymouth and Norfolk and between the towns of 
Hingham and Cohasset: — Beginning at a town bound in the 
town line between said towns of Hingham and Cohasset, 
said bound being situated on the easterly side of Hull street 
in said Hingham, as laid out by the county commissioners of 
the counties of Norfolk and Plymouth, acting as a joint 
board, under authority of chapter four hundred and forty- 
six of the acts of nineteen hundred and twenty-three, and 
about one fourth of a mile northerly from the junction of Hull 
street and East street in said Hingham; thence north sixty- 
five degrees three minutes west seventy-nine and thirty-seven 
hundredths feet to the center of said Hull street; thence 
north forty-four degrees two minutes ten seconds east two 
hundred and seventeen and seventeen hundredths feet in the 
center line of said Hull street; thence by a five hundred foot 
radius curve to the left four hundred and twenty-three and 
twenty-two hundredths feet; thence north four degrees 
twenty-seven minutes forty seconds west one hundred and 
sixty-two and fifty-nine hundredths feet; thence by a four- 
teen hundred and five and seven hundredths foot radius 
curve to the right one hundred and ninety-six and eighteen 
hundredths feet; thence north three degrees thirty-two 
minutes twenty seconds east one hundred and sixty-six and 
forty-five hundredths feet ; thence by a five hundred and fifty 
foot radius curve to the left three hundred and fifteen and 
ten hundredths feet; thence north twenty-nineT degrees 
seventeen minutes ten seconds west one hundred and forty- 
eight and thirty-nine hundredths feet; thence by a four hun- 
dred and twelve and forty-four hundredths foot radius curve 
to the right three hundred and thirty and seventy-seven 
hundredths feet; thence continuing by a nine hundred and 
seventy and four hundredths foot radius curve five hundred 
and ten and eighty-seven hundredths feet; thence north 
forty-six degrees fifty minutes twenty seconds east seventy- 
three and fifty hundredths feet; thence by a four hundred 
and forty-six and eighty-eight hundredths foot radius curve 
to the left three hundred and twenty-four and ninety-eight 



Acts, 1928. — Chaps. 161, 162. 185 

hundredths feet; thence north jfive degrees ten minutes Portion of 
twenty seconds east two hundred and fifteen and ninety-five bet'weJ'n^ '"^ 
hundredths feet; thence by a two hundred and fifty-three ^",^;i,*^^\h*and 
and eighty-nine hundredths foot radius curve to the right Norfolk and 
ninety-seven and twelve hundredths feet; thence north oFffin^ha^m"^ 
twenty-seven degrees five minutes twenty seconds east two ^^"^bS^.^* 
hundred and forty-one and forty-three hundredths feet; 
thence by a five hundred and thirteen and ninety-two hun- 
dredths foot radius curve to the left ninety-six feet; thence 
north sixteen degrees twenty-three minutes ten seconds east 
eleven hundred and six and forty-five hundredths feet; thence 
by a three hundred and twenty and sixty-two hundredths 
foot radius curve to the right one hundred and twenty and 
eighty-nine hundredths feet; thence north thirty-seven de- 
grees fifty-nine minutes twenty seconds east one hundred 
and fourteen and seventy-seven hundredths feet; thence by 
a one hundred and seventy foot radius curve to the left 
ninety-five and twentj'^-two hundredths feet; thence north 
five degrees fifty-three minutes fifty seconds east one hundred 
and ninety-five feet, more or less, to a point in the town line 
between Cohasset and Hull in the bridge at the outlet of 
Straits' pond. The bearings herein are true bearings. 
Section 2. This act shall take effect upon its passage. 

Approved March 23, 1928. 

An Act to authorize the transfer of insolvency files (]}i(ir),\Q\ 

FROM THE CUSTODY OF THE REGISTER OF PROBATE AND ^' 
INSOLVENCY FOR THE COUNTY OF SUFFOLK TO THAT OF THE 
STATE SECRETARY. 

Be it enacted^ etc., as follows: 

Section 1. The register of probate and insolvency for Transfer^of 
the county of Suffolk is hereby authorized and empowered ^1° from^ 
to deliver to the state secretary all insolvency files and records ^^g^^i^°f 
now in the custody of said register, including any papers P[°q'|^^/jj^°'|o^ 
which may be hereafter filed with him in connection with s"uffolk"TOunty 
any insolvency matter now pending in the court of insol- ^J^^^^yi^^^ 
vency for said county; provided, that the indices and the thorized. 
dockets of said court shall remain in the custody of said 
register. The state secretary shall thereafter be the legal 
custodian of said files and records and shall keep them in 
accordance with the provisions of law relating thereto. 

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

Approved March 23, 1928. 

An Act establishing the office of assistant clerk for Chay. 1^2 

the district court of northern NORFOLK. 

Be it enacted, etc., as follows: 

Section ten of chapter two hundred and eighteen of the g. l. ^js^jj^o. 
General Laws, as most recently amended by section one of ^t^'-'*'^'^" 
chapter three hundred and eighty-nine of the acts of nineteen 
hundred and twenty-six, is hereby further amended by in- 



186 



Acts, 1928. — Chap. 163. 



District courts, 
assistant clerks, 
appointment, 
etc. 



District court 
of northern 
Norfolk. 



Second assist- 
ant clerks, 
appointment, 
etc. 



Third assistant 
clerks, ap- 
pointment, 
etc. 



serting after the word "Newton" in the eleventh line the 
words : — , the district court of northern Norfolk, — 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-three. Assistant clerks with salaries pay- 
able by the county may be appointed in the central district 
court of northern Essex, the municipal court of the Charles- 
town district, the district court of western Hampden, the 
district court of Newton, the district court of northern Nor- 
folk 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 mu- 
nicipal court of the Roxbury district, the East Boston district 
court, the municipal court of the Charlestown district, the 
municipal court of the West Roxbury district, and, subject 
to the approval of the county commissioners, in the first 
district court of eastern Middlesex, the third district court of 
eastern Middlesex, the district court of southern Essex and 
the third district court of Bristol. Third assistant clerks 
with salaries payable by the county may be appointed in the 
municipal court of the Roxbury district and, subject to the 
approval of "the county commissioners, in the first district 
court of eastern Middlesex and the third district court of 
eastern Middlesex, Approved March 23, 1928. 



Chap. 163 An Act relative to annual returns to the state secre- 
tary OF CASES IN THE SUPERIOR COURT. 



G. L. 221, § 24, 
etc., amended. 



Certain clerks 
of courts to 
make annual 
returns of 
cases to state 
secretary. 



Be it enacted, etc., as follows: 

Chapter two hundred and twenty-one of the General Laws, 
as amended in section twenty-four by chapter one hundred 
and thirty-one of the acts of nineteen hundred and twenty- 
four and by chapter sixty-four of the acts of nineteen hundred 
and twenty-seven, is hereby further amended by striking 
out said section twenty-four and inserting in place thereof the 
following: — Section 24- The clerks of the courts for the 
several counties and the clerks of the superior court for civil 
and for criminal business in Suffolk county shall annually 
in July make returns of the civil and criminal business of the 
superior court for their respective counties for the last pre- 
ceding year ending June thirtieth to the state secretary upon 
suitable blank forms to be prepared by him with the approval 
of the chief justice of the superior court. The state secretary 
may in his discretion verify such returns in such manner as 
he deems advisable, and for this purpose may inspect the 
dockets and records of said officials and shall be furnished by 
them with such further information as he deems necessary to 
complete such returns. Approved March 23, 1928. 



Acts, 1928. — Chaps. 164, 165. 187 



An Act authorizing the town of wrentham to borrow (Jhaj) 164 

MONEY FOR TOWN BUILDING PURPOSES. 

Be it enacted f etc., as follows: 

Section 1. For the purpose of remodeling the town Town of 
building and for constructing an addition to said building, torrowXn^y^ 
such addition to increase the floor space of said building, (,°^ii*^^" 
including the original equipment and furnishing of said addi- purposes. 
tion, the town of Wrentham may borrow from time to time, 
within a period of five years from the passage of this act, 
such sums as may be necessary, not exceeding, in the aggre- 
gate, fifty thousand dollars, and may issue bonds or notes 
therefor, which shall bear on their face the words, Wrentham Wrentham 
Town Building Loan, Act of 1928. Each authorized issue lading 
shall constitute a separate loan, and such loans shall be paid ^^^' ^^^ of 
in not more than ten years from their dates, but no issue shall 
be authorized under this act unless a sum equal to an amount 
not less than ten per cent of such authorized issue is voted 
for the same purpose to be raised by the tax levy of the year 
when authorized. Indebtedness incurred under this act 
shall be inside the statutory Hmit, and shall, except as pro- 
vided herein, be subject to chapter forty-four of the General 
Laws, exclusive of the proviso inserted in section seven of 
said chapter by chapter three hundred and thirty-eight of 
the acts of nineteen hundred and twenty-three. 

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

Approved March 26, 1928. 

An Act authorizing the city of leominster to borrow nhnj^ i«k 
money for sewerage purposes. ^' 

Be it enacted, etc., as follows: 

Section 1. For the purpose of sewer construction, the cityof 
city of Leominster may from time to time, within a period of mT^borrow 
five years from the passage of this act, borrow such sums as money for 
may be necessary, not exceeding, in the aggregate, one hun- posesT^^ ^"'^' 
dred thousand dollars, and may issue bonds or notes therefor, 
which shall bear on their face the words, Leominster Sewer Leominster 
Loan, Act of 1928. Each authorized issue shall constitute IcYof ms!' 
a separate loan, and such loans shall be paid in not more than 
twenty years from their dates, but no issue shall be au- 
thorized under this act unless a sum equal to an amount not 
less than ten per cent of such authorized issue is voted for the 
same purpose to be raised by the tax levy of the year when 
authorized. Indebtedness incurred under this act shall be 
in excess of the statutory Hmit, but shall, except as provided 
herein, be subject to chapter forty-four of the General Laws, 
exclusive of the proviso inserted in section seven of said 
chapter by chapter three hundred and thirty-eight of the acts 
of nineteen hundred and twenty-three. 

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

Approved March 26, 1928. 



188 



Acts, 1928. — Chaps. 166, 167. 



G. L. 90, § 14. 
etc., amended. 



Persons 
operating 
motor vehicles 
to stop when 
approaching 
horse, etc. 



C/iap. 166 An Act dispensing with signalling by operators op 

MOTOR vehicles WHEN APPROACHING PEDESTRIANS. 

Be it enacted, etc., as follows: 

Section fourteen of chapter ninety of the General Laws, as 
amended by chapter three hundred and five of the acts of 
nineteen hundred and twenty-five, is hereby further amended 
by striking out, in the twentieth and twenty-first Knes, the 
words " , and shall sound a timely signal with his bell, horn 
or other device for signalling", — so as to read as follows: — 
Section IJf. Every person operating a motor vehicle shall 
bring the vehicle and the motor propelling it immediately 
to a stop when approaching a horse or .other draft animal 
being led, ridden or driven, if such animal appears to be 
frightened and if the person in charge thereof shall signal 
so to do; and, if travehng in the opposite direction to that in 
which such animal is proceeding, said vehicle shall remain 
stationary so long as may be reasonable to allow such animal 
to pass; or, if traveling in the same direction, the person 
operating shall use reasonable caution in thereafter passing 
such animal. In approaching or passing a car of a street 
railway which has been stopped to allow passengers to alight 
from or board the same, the person operating a motor vehicle 
shall not drive such vehicle within eight feet of the running 
board or lowest step of the car then in use by passengers for 
the purpose of alighting or boarding, except by the express 
direction of a traffic officer or except at points where pas- 
sengers are protected by safety zones. Upon approaching a 
pedestrian who is upon the traveled part of any way and not 
upon a sidewalk, every person operating a motor vehicle shall 
slow down. The person operating a motor vehicle on any 
way upon approaching an intersecting way or a curve or a 
corner in said way where his view is obstructed shall slow 
down and upon approaching any junction of said way with 
an intersecting way before turning into the same shall slow 
down and keep to the right of the intersection of the center 
lines of both ways or extensions thereof, when turning to the 
right, and shall pass to the right of the intersection of the 
center lines of said ways or extensions thereof before turning 
to the left. Approved March 26, 1928. 

Chap. 167 An Act to establish in the town of Winchester repre- 
sentative TOWN government BY LIMITED TOWN MEET- 
INGS. 

Be it enacted, etc., as follows: 

Section 1. Upon the acceptance of this act by the town 
of Winchester as hereinafter provided, the selectmen shall 
forthwith divide the territory thereof into not less than four 
nor more than eight voting precincts, each of which shall be 
plainly designated, and shall contain not less than five hun- 
dred registered voters. All precincts shall contain approxi- 
mately an equal number of registered voters. 



Not to drive 
within certain 
distance of 
street railway 
cars when 
stopped, etc. 



Upon ap- 
proaching 
certain 

pedestrians to 
slow down. 
Upon ap- 
proaching 
intersecting 
ways, etc., to 
slow down, 
etc. 

Manner of 
turning into 
intersecting 
ways. 



Precinct voting, 
representative 
town meetings, 
etc., in town 
of Winchester. 



Acts, 1928. — Chap. 167. 189 

The precincts shall be so established as to consist of com- Precincts, 
pact and contiguous territory, to be bounded, as far as pos- et^^ '^ '"*°*' 
sible, by the center line of known streets and ways or by 
other well defined limits. Their boundaries shall be reviewed 
and, if need be, wholly or partly revised or the number of 
precincts changed within the aforesaid limits by the select- 
men in December, once in five years, or in December of any 
year when so directed by a vote of a representative town 
meeting not later than November thirtieth of that year. 

The selectmen shall, within twenty days after any estab- Selectmen to 
lishment or revision of the precincts, but not later than etc.""^* domgs. 
January twentieth of the succeeding year, file a report of their 
doings with the town clerk, the registrars of voters and the 
assessors with a map or maps or description of the precincts 
and the names and residences of the registered voters therein. 
The selectmen shall also cause to be posted at the town hall 
a map or maps or description of the precincts as established 
or revised from time to time, with the names and residences 
of the registered voters therein. They shall also cause to be 
posted in at least one public place in each precinct a map or 
description of that precinct with the names and residences of 
the registered voters therein. The division of the town into Division into 
voting precincts and any revision of such precincts shall take ^Mte! effective 
effect upon the date of the filing of the report thereof by the ^'^t®- 
selectmen with the town clerk. Whenever the precincts are Town clerk to 
estabhshed or revised, the town clerk shall forthwith give no'tfce ""state 
written notice thereof to the state secretary, stating the secretary, etc. 
number and designation of the precincts. Meetings of the Meetings of 
registered voters of the several precincts for elections, for Ind'whlre^to 
primaries, and for voting upon any question to be submitted be held, etc. 
to all the voters of the town, shall be held on the same day 
and at the same hour and at such place or places within the 
town as may from time to time be determined by vote at a 
representative town meeting under an appropriate article 
in the warrant therefor, or, in default of such determination, 
as the selectmen shall in the warrants for such meetings 
direct. The provisions of the general laws, relating to pre- Certain pro- 
cinct voting at elections, so far as the same are not inconsist- ofgenlrai 
ent with this act, shall apply to all elections and primaries ^^^^ *° ^pp'^- 
in the town upon the establishment of voting precincts as 
hereinbefore provided. 

Section 2. Other than the officers designated in section Representative 
three as town meeting members at large, the representative mrmbwTwpf 
town meeting membership shall in each precinct consist of n^^nber, etc. 
the largest number divisible by three which will admit of a 
representation of all precincts by an equal number of mem- 
bers and which will not cause the total elected town meeting 
membership to exceed two hundred and four. The regis- Town meeting 
tered voters in every precinct shall, at the first annual town ^ecUon?' 
election held after the estabhshment thereof, and at the first ^^™^' ^*°- 
annual town election following any precinct revision where 
the number of precincts is changed, conformably to the laws 
relative to elections not inconsistent with this act, elect by 



190 



Acts, 1928. — Chap. 167. 



Notice to 
members 
elected. 



Town meetings 
limited to 
certain elected 
members and 
members at 
large, etc. 



Notice of 
town meetings, 
etc. 



Quorum. 



Notice of 
adjourned 
town meetings 
to be posted, 
etc. 



ballot the number of registered voters in the precinct, other 
than the officers designated in section three as town meeting 
members at large, provided for in the first sentence of this 
section, to be town meeting members of the town. The first 
third in order of votes received of members so elected shall 
serve three years, the second third in such order shall serve 
two years, and the remaining third in such order shall serve 
one year, from the day of the annual town meeting; in case of 
a tie vote affecting the division into thirds as aforesaid the 
members elected from the precinct shall by ballot determine 
the same; and thereafter, except as is otherwise provided 
herein, at each annual town election the registered voters of 
each precinct shall, in like manner, elect one third of the 
number of town meeting members to which that precinct is 
entitled for the term of three years, and shall at such election 
fill for the unexpired term or terms any vacancy or vacancies 
then existing in the number of town meeting members in their 
respective precincts. Upon every revision of the precincts 
where the number of precincts is changed, the terms of office 
of all town meeting members from every precinct shall cease 
upon the election of their successors. The town clerk shall, 
after every election of town meeting members, forthwith 
notify each member by mail of his election. 

Section 3. Any representative town meeting held under 
the provisions of this act, except as otherwise provided herein, 
shall be limited to the voters elected under section two, to- 
gether with the following, designated as town meeting mem- 
bers at large; namely, any member of the general court of 
the commonwealth from the town, the moderator, the town 
clerk, the members of the board of selectmen, the town treas- 
urer, the town counsel, the chairman of the trustees of the 
public library, the chairman of the planning board, the chair- 
man of the school committee, the chairman of the board of 
assessors, the chairman of the board of health, the chairman 
of the park commissioners, the chairman of the water and 
sewer board, the chairman of the board of public welfare, 
the chairman of the cemetery commissioners, and the mem- 
bers of the finance committee. The town clerk shall notify 
the town meeting members of the time and place at which 
representative town meetings are to be held, the notices to 
be sent by mail at least seven days before the meeting. 

The town meeting members, as aforesaid, shall be the 
judges of the election and qualifications of their members. 
One hundred town meeting members shall constitute a quo- 
rum for doing business; but a less number may organize 
temporarily and may adjourn from time to time. Notice of 
every adjourned representative town meeting shall be posted 
by the town clerk in five or more public places in the town; 
and the town clerk shall also notify the members by mail of 
the adjournment at least twenty-four hours before the time 
of the adjourned representative town meeting, if the period 
of adjournment will permit. The notices shall state briefly 
the business to be acted upon at any meeting and shall include 



Acts, 1928. — Chap. 167. 101 

notice of aii}^ proposed reconsideration. All town meetings Meetings 
shall be public; and, subject to such conditions as may be p"^''<=- 
determined from time to time by the representative town 
meeting, any voter of the town who is not a town meeting 
member may speak at any representative town meeting, but 
he shall not vote. A town meeting member may resign by Resignations. 
filing a written resignation with the town clerk, and such 
resignation shall take effect upon the date of such filing. No 
elected member whose official position entitles him to be a 
member at large shall act as a member at large during such 
time as he remains an elected member. A town meeting Removal from 
member who removes from the town shall cease to be a town c°m^°eS^lT. 
meeting member and an elected town meeting member who 
removes from one precinct to another or is so removed by a 
revision of precincts shall not retain membership after the 
next annual election as an elected member from the precinct 
from which he has or is removed. The town meeting members 
as such shall receive no compensation. 

Section 4. Nomination of candidates for town meeting Nomination of 
members to be elected under this act shall be made by nomi- town'meetin°g'^ 
nation papers signed by not less than ten voters of the pre- ^^d'e^®''^' ^°^ 
cinct in which the candidate resides, and filed with the town 
clerk at least fifteen days before the election; provided, that Proviso. 
any town meeting member may become a candidate for re- 
election by giving written notice thereof to the town clerk at 
least thirty days before election. No nomination papers shall Acceptance of 
be vahd in respect to any candidate whose written acceptance '"'"'* 
is not thereon or attached thereto when filed. 

Section 5. The articles in the warrant for every town Warrant 
meeting, so far as they relate to the election of the moderator, acted^uponT 
town officers, town meeting members, and as hereinbefore ****'• 
provided, to referenda and all matters to be acted upon and 
determined by ballot shall be acted upon and determined by 
the voters in their respective meetings by precinct. All 
other articles in the warrant for any town meeting, beginning 
with the annual town meeting at which said town meeting 
members are first elected, shall be acted upon and deter- 
mined exclusively by town meeting members at a meeting 
to be held at such time and place as shall be set forth by the 
selectmen in the warrant for the meeting, subject to the 
referendum provided for by section eight. 

Section 6. A moderator shall be elected by ballot at each Moderator. 
annual town meeting and shall serve as moderator of all town ® ^° '°'*' ^ ''' 
meetings, except as otherwise provided by law, until a suc- 
cessor is elected and quahfied. Nominations for and election 
of a moderator shall be as in the case of other elective town 
officers, and any vacancy in the office may be filled by the 
town meeting members at a meeting held for that purpose. 
If a moderator is absent a moderator pro tempore may be Moderator pro 
elected by the town meeting members. tempore. 

Section 7. Any vacancy in the full number of town vacancies in 
meeting members from any precinct, whether arising from a [own ^etlng^ 
failure of the registered voters thereof to elect, or from any j™®™'^^''^' ^"" 



192 



Acts, 1928. —Chap. 167. 



Notices of 
vacancy. 



Calling of 
special meet- 
ing. 



Choice by 
ballot. 

Certificate of 
choice, etc. 



Votes, when 
operative, etc. 



Measures laid 
on table, etc. 



Referendum. 



other cause, may be filled until the next annual election by 
the remaining town meeting members of the precinct from 
among the registered voters thereof. Notice of any vacancy 
shall promptly be given by the town clerk to the remaining 
members from the precinct in which the vacancy or vacancies 
exist and the town clerk shall call a special meeting of such 
members for the purpose of filling any vacancy, and shall 
cause to be mailed to every such member not less than seven 
days before the time set for the meeting, a notice specifying 
the object, time and place of the meeting. At the said meet- 
ing a majority of the members from such precinct shall con- 
stitute a quorum, and they shall elect from their own number 
a chairman and a clerk. The choice to fill any vacancy shall 
be by written ballot and a majority of the votes cast shall be 
required for a choice. The chairman and clerk shall count the 
ballots and shall make a certificate of the choice and forth- 
with file the same with the town clerk, together with a written 
acceptance by the member or members so chosen who shall 
thereupon be deemed elected and qualified a town meeting 
member or members, subject to the right of all the town 
meeting members to judge of the election and qualifications of 
the members as set forth in section three. 

Section 8. No final vote of any representative town 
meeting passing or rejecting a measure under any article in 
the warrant, except a vote to adjourn or dissolve, or votes 
appropriating money for the payment of notes or bonds of 
the town and interest thereon becoming due within the then 
current financial year, or votes for the temporary borrow- 
ing of money in anticipation of revenue, or a vote declared 
bj'- preamble by a two thirds vote of the town meeting mem- 
bers present and voting thereon to be an emergency measure 
necessary for the immediate preservation of the peace, health, 
safety or convenience of the town, shall be operative until 
after the expiration of five days, exclusive of Sundays and 
legal holidays, from the dissolution of the meeting. Any such 
measure disposed of by a vote to lay on the table, to post- 
pone indefinitely, or other dilatory vote, shall be deemed to 
have been rejected in the form in which it was presented and 
perfected or changed by such amendments, if any, as have 
been adopted by the said meeting. If, within said five days, 
a petition, signed by not less than two hundred and fifty 
registered voters of the town, containing their names and 
addresses as they appear on the list of registered voters, is 
filed with the selectmen requesting that the question or ques- 
tions involved in any such vote which has not become opera- 
tive as aforesaid be submitted to the voters of the town at 
large, then the operation of such vote shall be further sus- 
pended pending its determination as hereinafter provided, 
and the selectmen, within ten days after the filing of the 
petition, shall call a special meeting, which shall be held 
within fourteen days after the issuing of the call, for the pur- 
pose of presenting to the voters at large the question or ques- 
tions so involved. All votes upon any questions so submitted 



Acts, 1928. — Chap. 167. 193 

shall be taken by ballot, and the check list shall be used in 

the several precinct meetings in the same manner as in the 

election of town officers. The questions so submitted shall Q'-est'OM. how 

be determined by vote of the same proportion of voters at etc. 

large voting thereon as would have been required by law of 

the town meeting members had the question been finally 

determined at a representative town meeting. The ques- Questiona. how 

tions so submitted shall be stated upon the ballot in sub- baiio?, X"" 

stantially the same langu.'ige and form in which they were 

stated when presented to said representative town meeting 

by the moderator as appears from the records of the said 

meeting. If such petition is not filed within the said period ,^°no^ "JJft'ion^® 

of five days, the vote of the representative town meeting shall etc. 

become operative upon the expiration of the said period. 

Section 9. The town of Winchester, after the acceptance Powers of town 
of this act, shall have the capacity to act through and be meeting ?^em- 
bound by its said town meeting members who shall, when ^^^^- ^*''- 
convened from time to time as herein provided, constitute 
representative town meetings; and the representative town 
meetings shall exercise exclusively, so far as will conform to 
the provisions of this act, all powers vested in the municipal 
corporation. Action in conformity with all provisions of law 
now or hereafter applicable to the transaction of town affairs 
in town meetings shall, when taken by any representative 
town meeting in accordance with the provisions of this act, 
have the same force and effect as if such action had been 
taken in a town meeting open to all the voters of the town 
as heretofore organized and conducted. 

Section 10. This act shall not abridge the right of the Coi tain rights 
inhabitants of Winchester to hold general meetings, as that et°c. '^ " ^'^ ■ 
right is secured to them by the constitution of this common- 
wealth; nor shall this act confer upon any representative 
town meeting in Winchester the power finally to commit the 
town to any measure affecting its municipal existence or 
changing its government, without action thereon by the 
voters of the town at large, using the ballot and the check list 
therefor. 

Section 11. Chapter thirty-two of the acts of the year Repeal, 
nineteen hundred and twenty-two, entitled "An Act pro- 
viding for the submission of certain votes and motions 
for referendum in the town of Winchester" is hereby re- 
pealed. 

Section 12. This act shall be submitted to the registered ^"['.'"'^.^V'Jo^^" 
voters of the town of Winchester for acceptance at the next of Winchester, 
state election. The vote shall be taken by ballot in accord- ®'''"" 
ance with the provisions of the general laws, so far as the 
same shall be applicable, in answer to the question, which shall 
be placed upon the official ballot to be used in said town at 
said election: "Shall an act passed by the general court in 
the year nineteen hundred and twenty-eight, entitled 'An 
Act to establish in the town of Winchester representative 
town government by limited town meetings' be accepted by 
this town?" 



194 



Acts, 1928. — Chaps. 168, 169. 



Time of taking 
effect. 



Resubmission 
after i ejection, 
etc. 



Section 13. So much of this act as authorizes its sub- 
mission to the registered voters of the town shall take effect 
upon its passage, and the remainder shall take effect upon its 
acceptance by a majority of the voters voting thereon. 

Section 14. If this act is rejected by the registered voters 
of the town of Winchester when submitted to said voters 
under section twelve, it may be submitted for acceptance in 
like manner from time to time to such voters at any annual 
town meeting in said town within three years thereafter. 

Approved March 26, 1928. 



Chap.lQS An Act relative to the rights and obligations of 

FOREIGN TITLE INSURANCE COMPANIES ADMITTED TO TRANS- 
ACT BUSINESS IN MASSACHUSETTS. 

Be it enacted, etc., as follows: 

Chapter one hundred and seventy-five of the General Laws 
is hereby amended by inserting after section one hundred 
and sixteen the following new section: — Section 116 A. A 
foreign company admitted to transact business under the 
eleventh clause of section forty-seven shall not be subject to- 
this chapter except this section and sections three A, four, 
five, fifteen, sixteen, eighteen, nineteen, nineteen A, twenty-^ 
two, twenty-five, twenty-six, one hundred and fifty, one 
hundred and fifty-one, except subdivision (5) of clause 
Second, one hundred and fifty-four, one hundred and fifty- 
five, one hundred and fiftj^-six, one hundred and fifty-seven, 
one hundred and fifty-eight, one hundred and fiftj'-nine, one 
hundred and eighty-nine, one hundred and ninety-three A 
and one hundred and ninety-four. Such company may trans- 
act all the kinds of business specified in said eleventh clause. 

Approved March 27, 1928. 



G. L. 175, new 
section after 
§ 116. 

Foreign title 
insurance 
companies not 
subject to 
G. L. 175, 
except, etc. 



C/?ap. 169 An Act requiring insurance companies to notify the 

COMMISSIONER OF INSURANCE OF ANY TERMINATION OF 
THEIR AUTHORITY TO DO BUSINESS ELSEWHERE AND RE- 
QUIRING FOREIGN INSURANCE COMPANIES TO CEASE TRANS- 
ACTING BUSINESS IN CERTAIN CASES. 

Be it enacted, etc., as follows: 

^c^aminded^' SECTION 1. Scction twcnty-thrce A of chapter one hun- 
dred and seventy-five of the General Laws, as inserted by 
section two of chapter one hundred and fifty-four of the acts 
of nineteen hundred and twenty-five and as amended by 
section two of chapter two hundred and sixty-seven of the 
acts of said year, by chapter five of the acts of nineteen hun- 
dred and twenty-six and by section five of chapter two hun- 
dred and eight3'^-four of the acts of nineteen hundred and 
twenty-seven, is hereby further amended by inserting after 
the word "Every" in the eighth line the words: — company 
whose license or authority to transact business in any other 
state or country is suspended or revoked or otherwise ter- 
minated, every foreign company against which receivership 



Acts, 1928. — Chap. 1G9. 195 

or liquidation proceedings are instituted in the state or 
country under whose laws it is organized, every, — so that 
the first paragraph of said section will read as follows: — 
Section 23 A. Every stock conipan}^ every foreign company Ceruin insur- 
described in section one hundred and fifty-five and every to Mtify com-^ 
mutual company having a guaranty capital, other than a life J^Jswanceof 
company, shall forthwith notify the commissioner in writing impairment of 
in such form and detail as he may require of any impairment ^isp«is!on%tc., 
of its capital stock or deposit or guaranty capital, respec- s[iiut^on®'o|"" 
tively, on the basis fixed by sections ten to twelve, inclusive, receivership 
Every company whose license or authority to transact busi- reductfon^o'f 
ness in any other state or country is suspended or revoked assets below re- 

, V . , ''. . ^ . quired amount, 

or otherwise terminated, every foreign company against insufficiency of 
which receivership or liquidation proceedings are instituted ^"° ^' ^**^' 
in the state or country under whose laws it is organized, 
every foreign mutual company, other than life, whose net 
cash assets or contingent assets become less than the amount 
required of said company by section one hundred and fifty- 
one, every domestic mutual company whose amount of 
insurance or premiums in force or number of risks on its 
books become less than the amount or number required of 
said company by section seventy-four, ninety A, ninety-two, 
ninety-three, ninety-three A or ninety-three B, every mutual 
company which levies an assessment on its members, and 
every life company whose actual funds, exclusive of its 
capital, if any, are not of a net cash value equal to its liabili- 
ties, including the net value of its policies, computed by the 
rules of valuation established by sections nine to twelve, 
inclusive, shall forthwith notify the commissioner in writing 
as aforesaid to that effect. 

Section 2. Said chapter one hundred and seventy-five g. l. its, new 
is hereby further amended by inserting after section one hun- filfj' ^^*" 
dred and fifty-six the following new section: — Section 166 A, Certain foreign 
Every foreign company, other than a life company, whose comptn^^s 
capital stock or guaranty or deposit capital is reduced below to cease trans- 
the amounts required by section one hundred and fifty-one, nessTn certain 
one hundred and fifty-two or one hundred and fifty-five, or is '^^f^' ""'^''' 
impaired on the basis fixed by sections ten to twelve, inclu- 
sive, or whose net cash assets, computed on said basis, or 
whose contingent assets, required by said section one hundred 
and fifty-one or one hundred and fifty-two, become at any 
time from any cause less than the amounts required as afore- 
said, or whose license has been revoked or suspended as 
provided in section five, shall forthwith cease to issue policies 
and to make contracts of insurance in the commonwealth 
until such capital stock, guaranty or deposit capital or assets 
have been restored to the amounts required as aforesaid, 
or said license has been restored by the commissioner, as the 
case may be. Any company or any officer or agent thereof, 
issuing any policy or making any contract of insurance con- 
trary to this section shall be punished by a fine of not less 
than one hundred nor more than one thousand dollars. 

Approved March 27, 1928. 



196 



Acts, 1928. — Chaps. 170, 171, 



Chap. 170 -^N Act relative to the compensation of fish and game 

WARDENS IN CITIES AND TOWNS. 

Be it enacted, etc., as follows: 

Section seven of chapter twenty-one of the General Laws, 
as amended by chapter one hundred and forty-four of the acts 
of nineteen hundred and twenty-three, is hereby further 
amended by striking out, in the thirteenth hne, the word 
"one" and inserting in place thereof the word: — two, — 
so as to read as follows : — Section 7. Except as provided 
in the following section, the director may, subject to the 
approval of the commissioner, appoint and remove such 
experts, fish and game wardens, clerical and other assistants 
as the work of the division may require, and fix their com- 
pensation, which shall be paid by the commonwealth. On 
written application of the city council of a city or the select- 
men of a town, he may, subject to like approval, appoint in 
such city or town, from a list of names to be submitted to 
him by such city council or selectmen, a fish and game war- 
den, 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 two hundred dollars, shall 
be determined and paid by the city or town in which he is 
appointed. The director may also, subject to like approval, 
appoint deputy fish and game wardens who shall serve with- 
out compensation. Approved March 27, 1928. 



G. L. 21,§7, 
etc., amended. 



Division of 
fisheries and 
game, experts, 
fish and game 
wardens, etc., 
appointment, 
compensation, 
etc. 

Fish and 
game wardens 
in cities and 
towns, appoint- 
ment, compen- 
sation, etc. 



Chap. 171 An Act relative to preference of claims for losses 

UNDER policies OF CERTAIN INSOLVENT INSURANCE COM- 
PANIES, TO THE TERMINATION OF LIABILITY THEREON AND 
TO THE RETURN PREMIUM RIGHTS OF HOLDERS THEREOF, 

Be it enacted, etc., as follows: 

Section 1. Chapter one hundred and seventy-five of the 
General Laws is hereby amended by striking out section 
forty-six and inserting in place thereof the following: — 
Section 46. When any domestic company becomes insol- 
vent, or is unable to pay in full its liabilities as set forth in 
sections ten, eleven and twelve, claims for unpaid losses under 
its policies, other than life or endowment policies or annuity 
or pure endowment contracts, shall, in the distribution of its 
assets, whether liquidation is effected by a receiver or other- 
wise, be deemed and treated as preferred over claims for 
return premiums on cancelled or unexpired policies. Nothing 
in this section shall impair the obligation now or hereafter 
imposed by law upon the officers of a mutual company, other 
than a life company, to make assessments on its members to 
pay its incurred losses and expenses. 

Section 2, Section six of said chapter one hundred and 
seventy-five, as amended by section three of chapter one 
hundred and fifty-four and by section one of chapter two 



G. L. 175, §46, 
amended. 



Preferred 
claims of cer- 
tain insolvent 
insurance 
companies. 



G. L. 175, § 6. 
etc., amended. 



Acts, 1928. — Chap. 171. 197 

hundred and sixty-seven, both of the acts of nineteen hundred 
and twenty-five, by section two of chapter one hundred and 
fourteen of the acts of nineteen hundred and twenty-six and 
by section three of chapter two hundred and eighty-four of 
the acts of nineteen hundred and twenty-seven, is hereby 
further amended by adding at the end thereof the following 
paragraph : — ■ 

The appointment of a permanent receiver or receivers Appointment 
under this section shall terminate the liabihty of the com- recefv^^oTer- 
pany under all of its policies or contracts in force on the date "J'"^l® ''^^,''''^ 
of said appomtment in respect to clarnis arismg alter thirty 
days from said date; provided, that its liabihty under any Proviso. 
motor vehicle liability policy or motor vehicle liability bond, 
both as defined in section thirty-four A of chapter ninety, 
which is in force on said date, shall terminate on the effective 
date of the new certificate, if any, filed under said section 
thirty-four H, or, if no certificate is filed as aforesaid, on the 
effective date of the revocation under said section thirty- 
four H of the registration of the motor vehicle or trailer 
covered by such policy or bond. The insured under any Return pre- 
policy, other than a motor vehicle liability policy or motor fnsu^d'under^ 
vehicle liability bond, both as defined as aforesaid, which is P^^'^'^J't^j'^'" 
in force on the thirtieth day following the date of the appoint- vehicle liability 
ment of such receiver or receivers and which by its terms motorvehicie 
provides for a cancellation thereof either by the insured or liability bonds. 
the company shall be entitled, subject to the provisions of 
section forty-six, to a return premium calculated on a pro 
rata basis as of the thirtieth day following the date of said 
appointment, if he has paid the premium thereon to the com- 
pany, or its agent who issued the policy or to the duly licensed 
insurance broker, if any, through whom the policy was 
negotiated; and the insured under a motor vehicle liabihty Return pre- 
policy or the principal on a motor vehicle liability bond, both ™gured unde?^ 
as defined as aforesaid, shall be entitled, subject to said section {fj^°ij\°[t7''oncies 
forty-six, if he has paid the premium thereon as aforesaid, to or principal on 
a return premium calculated on a pro rata basis as of the ua'biiity bond.° 
effective date of the new certificate, if any, filed by him under 
said section thirty-four H, or, if no certificate is filed as afore- 
said, as of the effective date of the revocation under said 
section thirty-four H of the registration of the motor vehicle 
or trailer covered by such policy or bond. Nothing in this Section, how 
section shall be construed in any case to continue any policy construed. 
or contract in force beyond its date of expiration, or to pro- 
hibit a cancellation thereof by the insured or by the receiver 
or receivers in accordance with law and its terms during the 
said period of thirty days or prior to the filing of a new cer- 
tificate or the revocation of the registration as aforesaid, or 
to affect the liability of the holder of a policy or contract 
to pay to the receiver or receivers the full amount of the 
premium due on any policy or contract or the liability of a 
member of a mutual company, other than a life company, 
to pay the full amount of any valid assessment levied on its 
members. 



198 



Acts, 1928. — Chaps. 172, 173. 



G. L. 175, § 46A, 
amended. 



Preference to 
certain claims 
against insol- 
vent domestic 
liability insur- 
ance companies. 



Section 3. Said chapter one hundred and seventy-five 
is hereby further amended by striking out section forty-six 
A, inserted by chapter four hundred and seven of the acts of 
nineteen hundred and twenty-two, and inserting in place 
thereof the following : — Section 46A . When any domestic 
company which has insured the payment of the compensa- 
tion provided for by chapter one hundred and fifty-two be- 
comes insolvent, or is unable to pay in full its habilities as set 
forth in sections ten and twelve, unpaid losses under its 
workmen's compensation policies shall, in the distribution of 
its assets, whether liquidation is effected by a receiver or 
otherwise, be deemed and treated as preferred over all claims 
except debts due the United States and debts or taxes due the 
commonwealth or any city or town thereof. 

Approved March 27, 1928. 



1906, 500, 
amended. 



Chap. 172 An Act relative to the water supply of the west- 
borough STATE HOSPITAL. 

Be it enacted, etc., as follows: 

§2, Section 1. Section two of chapter five hundred of the 
acts of nineteen hundred and six is hereby amended by strik- 
ing out the words "thirty dollars per million gallons" in the 
last line of the paragraph contained in the thirty-first to the 
forty-third lines, inclusive, and inserting in place thereof the 
words : — • the actual cost thereof to the metropolitan water 
district, — so that the proviso at the end of said paragraph 
Proviso. will read as follows : — provided, however, that the rate to be 

charged for the water used therefrom for the said hospital 
shall not exceed the actual cost thereof to the metropolitan 
water district. 

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

Approved April 2, 1928. 



Chew. 173 An Act repealing certain provisions of law relative to 

THE SEWERS AND SEWERAGE SYSTEM OF CERTAIN STATE 



Emergency 
preamble. 



Repeal. 



PROPERTY IN THE TOWN OF CONCORD. 

Whereas, The deferred operation of this act would tend to 
defeat its purpose, therefore it is hereby declared to be an 
emergency law, necessary for the immediate preservation of 
the public safety and convenience. 

Be it enacted, etc., as follows: 

Section eight of chapter one hundred and fifty-one of the 
acts of eighteen hundred and ninety-five, as amended by 
chapter one hundred and thirty-eight of the acts of nineteen 
hundred and thirteen, is hereby repealed, and the common- 
wealth of Massachusetts and the commissioner of correction 
are hereby relieved from any obligation arising thereunder. 

Approved April 2, 1928. 



Acts, 1928. — Chaps. 174, 175, 176. 199 



An Act relative to the disposition of unexpended (^/^^p 1^4 

BALANCES OF PROCEEDS OF LOANS ISSUED BY THE CITY OF 
BOSTON OUTSIDE ITS LIMIT OF INDEBTEDNESS. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of reducing the debt of the citv treasurer 
city of Boston incurred outside the hmit of its indebtedness, pa^over't"^^ 
the city treasurer, with the approval of the mayor, may from ^°gs[o°ers°^" 
time to time pay over to the board of commissioners of sink- sinking; funds 
ing funds of said city the excess of the proceeds of any loan ba\aifces of 
heretofore or hereafter issued outside said limit over the proceeds of 

. loans issued by 

amount required for the purposes specined m the authoriza- city outside 
tion of such loan; provided, that no such payments shall be debtedness. 
made until after the expiration of two years after all expendi- Proviso. 
tures under such authorized loan shall have been made. 
Section 2. This act shall take effect upon its passage. 

Approved April 2, 1928. 

An Act relative to the rate of pay for scrub women Chap. 17 5 

EMPLOYED BY THE SUPERINTENDENT OF BUILDINGS. 

Be it enacted, etc., as follows: 

Chapter eight of the General Laws, as amended in section g. l. s. § s 
five by chapter two hundred and thirty-four 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 5. He shall fix the compensation of all S^e^.'.PXyel"" 
persons employed by him; provided, that the pay of scrub ofsuperin- 
women employed by the commonwealth shall be based upon buildings. 
a regular weekly rate of sixteen dollars and fifty cents for Proviso. 
thirty-three hours' work, that when a lesser or greater num- 
ber of hours are worked by them than the aforesaid thirty- 
three hours, the resulting reductions or additions shall be 
based upon an hourly rate of fifty cents and that they shall 
be allowed for time off on legal holidays at the regular weekly 
rate. Scrub women or cleaners regularly employed by the Scrub women 
superintendent of buildings shall be paid weekly and, after be pa?d wLwy. 
being so employed for a period of at least six months, shall Vacations. 
be entitled to a vacation each year of two weeks' duration 
with pay. Such pay shall be based upon the average weekly 
compensation received by them for the preceding six months' 
period of employment. Approved April 2, 1928. 

An Act to exempt the proceeds of policies of life or CJiap. 176 

ENDOWMENT INSURANCE PAYABLE TO PERSONS HAVING AN 
insurable INTEREST IN THE LIFE INSURED FROM CLAIMS 
OF CREDITORS OF THE PERSON EFFECTING SUCH INSURANCE. 

Be it enacted, etc., as follows: 

Section 1. Chapter one hundred and seventy-five of the g. l. 175, § 125, 
General Laws is hereby amended by striking out section one '^'"^'^^^'^ 



200 



Acts, 1928. — Chap. 176. 



Rights of 
creditor and 
beneficiary in 
life or endow- 
ment in- 
surance. 



Proviso. 



Certain persons 
may maintain 
action in own 
name. 



G. L. 175, § 126, 
amended. 



Policies pay- 
able to married 
woman enure 
to her benefit. 



hundred and twenty-five and inserting in place thereof the 
following: — Section 125. If a policy of life or endowment 
insurance is effected by any person on his own life or on 
another life, in favor of a person other than himself having 
an insurable interest therein, the lawful beneficiary thereof, 
other than himself or his legal representatives, shall be en- 
titled to its proceeds against the creditors and representatives 
of the person effecting the same, whether or not the right to 
change the named beneficiary is reserved by or permitted 
to such person; provided, that, subject to the statute of 
limitations, the amount of any premiums for said insurance 
paid in fraud of creditors, with interest thereon, shall enure 
to their benefit from the proceeds of the policy; but the com- 
pany issuing the policy shall be discharged of all liability 
thereon by payment of its proceeds in accordance with its 
terms, unless before such payment the company shall have 
written notice, by or on behalf of a creditor, of a claim to 
recover for certain premiums paid in fraud of creditors, with 
specification of the amount claimed. No court, and no trustee 
or assignee for the benefit of creditors, shall elect for the per- 
son effecting such insurance to exercise such right to change 
the named beneficiary. 

Any person to whom a policy of life or endowment insur- 
ance, issued subsequent to April eleventh, eighteen hundred 
and ninety-four, is made payable may maintain an action 
thereon in his own name. 

Section 2. Section one hundred and twenty-six of said 
chapter one hundred and seventy-five is hereby amended by 
inserting after the word "person" in the sixth line the 
words : — , and whether or not the right to change the named 
beneficiary is reserved by or permitted to the person effecting 
such insurance, — and by adding at the end thereof the follow- 
ing new sentence : — No court, and no trustee or assignee for 
the benefit of creditors, shall elect for the person effecting 
such insurance to exercise such right to change the named 
beneficiary, — so as to read as follows : — Section 126. Every 
policy of life or endowment insurance made payable to or for 
the benefit of a married woman, or after its issue assigned, 
transferred or in any way made payable to a married woman, 
or to any person in trust for her or for her benefit, whether 
procured by herself, her husband or by any other person, and 
whether the assignment or transfer is made by her husband 
or by any other person, and whether or not the right to change 
the named beneficiary is reserved by or permitted to the 
person effecting such insurance, shall enure to her separate 
use and benefit, and to that of her children, subject to the 
provisions of the preceding section relative to premiums paid 
in fraud of creditors and to sections one hundred and forty- 
four to one hundred and forty-eight, inclusive. No court, 
and no trustee or assignee for the benefit of creditors, shall 
elect for the person effecting such insurance to exercise such 
right to change the named beneficiary. 



Acts, 1928. — Chaps. 177, 178, 179. 201 

Section 3. This act shall not apply to claims of creditors Notappiicabie 
of any person effecting any life or endowment insurance c?edito"r8 CLod 
which arise out of or are based upon any obligation created ^'_p°" d^b F*'°" 
before this act takes effect. Approved April 2, 1928. effective date 

of act. 

An Act prohibiting until the year nineteen hundred nhn^ 1 77 

AND THIRTY THE TAKING OF QUAIL IN CERTAIN COUNTIES. ^ ' 

Be it enacted, etc., as follows: 

It shall be unlawful, before the beginning of the open Taking of quaii 
season for quail throughout the commonwealth in the year tiryear mo""' 
nineteen hundred and thirty, to hunt, pursue, take or kill a {."^^^-g^" 
quail in the counties of Essex, Hampden, Hampshire, Middle- 
sex, Norfolk, Worcester and Nantucket, or to have a quail 
or any part thereof in possession taken in said counties, ex- 
cept quail propagated under the provisions of section eighty- 
two or eighty-three, or taken under the provisions of section 
thirty-five A, of chapter one hundred and thirty-one of the 
General Laws. Violation of any provision of this act shall Penalty. 
be punished by a fine of twenty dollars for each bird or part 
thereof in respect to which the violation occurs. 

Approved April 2, 1928. 

An Act establishing a close season on ruffed grouse (JJiq^t} 1 78 

UNTIL nineteen HUNDRED AND TWENTY-NINE. 

Be it enacted, etc., as follows: 

Except as provided in chapter thirty-two of the acts of ^0°^^^!^^°" 
nineteen hundred and twenty-six as to Dukes County, it shall until 1929.^"^°"^^ 
be unlawful, before the beginning of the open season for 
ruffed grouse throughout the commonwealth in the year 
nineteen hundred and twenty-nine, to hunt, pursue, take or 
kill a ruffed grouse, commonly called partridge, or to have in 
possession a ruffed grouse or any part thereof taken in this 
commonwealth, except ruffed grouse taken under the pro- 
visions of section thirty-five A or forty-four A, or propagated 
under the provisions of section eighty-two, of chapter one 
hundred and thirty-one of the General Laws. Violation of Penalty. 
any provision of this act shall be punished by a fine of not 
less than twenty nor more than fifty dollars for each bird or 
part thereof in respect to which the violation occurs. 

Approved April 2, 1928. 

An Act relative to the granting of certain benefits by Qhav 179 

FRATERNAL BENEFIT SOCIETIES UNDER CERTIFICATES ON 
THE LIVES OF CHILDREN. 

Be it enacted, etc., as follows: 

^ Section twenty-four of chapter one hundred and seventy- o. l. ne, § 24, 
six of the General Laws is hereby amended by adding at the *'"°"^^'*- 
end thereof the following : — Such a society may grant to the 



202 



Acts, 1928. — Chap. 180. 



Restrictions on 
issue of death 
benefits by fra- 
ternal benefit 
societies under 
certificates on 
lives of 
children. 



Basis of death 

benefit 

contributions. 



Proviso. 



Extended or 

paid-up 

protection. 



holder of such a certificate such extended or paid-up pro- 
tection or such withdrawal equities as its constitution and by- 
laws may provide, but in no case to exceed in value the re- 
serve held against the individual certificate, — so as to read 
as follows: — Section 24- No death benefit certificate as to 
any child shall take effect until after medical examination 
or inspection by a licensed medical practitioner, in accord- 
ance with the by-laws of the society, nor shall any such 
benefit certificate be issued unless the society shall simul- 
taneously put in force at least five hundred such certificates, 
on each of which at least one assessment has been paid, nor 
where the number of lives represented by such certificates 
falls below five hundred. The death benefit contributions 
to be made upon such certificate shall be based upon the 
Standard Industrial Mortality Table or the English Life 
Table Number Six, with a rate of interest not greater than 
four per cent per annum, or upon a higher standard; pro- 
vided, that contributions may be waived or returns may be 
made from any surplus held in excess of reserve and other 
liabilities, as provided in the by-laws; and provided, further, 
that extra contributions shall be made if the reserves provided 
for in the following section become impaired. Such a society 
may grant to the holder of such a certificate such extended or 
paid-up protection or such withdrawal equities as its con- 
stitution and by-laws may provide, but in no case to exceed 
in value the reserve held against the individual certificate. 

Approved April 2, 1928. 



G. L. 94, § 101, 
etc., amended. 



Chap. 180 An Act relative to certain standard grades of apples 

WHEN packed or REPACKED IN CLOSED PACKAGES AND TO 
THE MARKING OF SUCH PACKAGES. 

Be it enacted, etc., as follows: 

Section 1. Section one hundred and one of chapter 
ninety-four of the General Laws, as amended by section one 
of chapter two hundred and sixty-four of the acts of nineteen 
hundred and twenty-six, is hereby further amended by strik- 
ing out the word "Standard" where it occurs in the fourth, 
fourteenth, fifteenth, twenty-fifth, twenty-sixth and thirty- 
fourth lines of said section, — so as to read as follows : — 
Section 101. The standard grades of apples when packed or 
repacked in closed packages within the commonwealth shall 
be as follows: ''Massachusetts Fancy" shall include only 
apples of one variety which are well matured specimens, hand 
picked, above medium color for the variety, normal shape, 
of good and reasonably uniform size, sound, free from dirt, 
disease, insect and fungous injury, bruises and any other 
defects except such as are necessarily caused in the operation 
of packing, and shall be packed properly in clean, strong 
packages; provided, that apples of one variety not more 
than three per cent of which are below the foregoing specifi- 
cations may be graded as "Massachusetts Fancy ". 



standard 
grades of 
apples. 
" Massachu- 
setts Fancy ". 



Proviso. 



Acts, 1928. — Chap. 181. 203 

" Massachusetts A " shall include only apples of one variety " Rrassacim- 
which are well matured specimens, hand picked except as to ^''"''^ ■ 
any variety which may from time to time be exempted by 
order of the commissioner of agriculture, properly packed, of 
medium color for the variety, normal shape, sound, practi- 
cally free from dirt, disease, insect and fungous injury, 
bruises and other defects except such as are necessarily 
caused in the operation of packing; provided, that apples Proviso. 
of one variety not more than five per cent of which are below 
the foregoing specifications may be graded as "Massachu- 
setts A". 

"Massachusetts B " shall include only apples of one variety, "Massachu- 
which are well matured, properly packed, practically normal 
shape, practically free from dirt, disease, insect and fungous 
injury or any other defect which materially injures the ap- 
pearance or useful quality of the apples, but they may be less 
than medium color for the variety; provided, that apples Proviso. 
of one variety not more than ten per cent of which are below 
the foregoing specifications may be graded as "Massachu- 
setts B". 

Apples not conforming to the foregoing specifications of settriTndas- 
grade, or, if conforming, not branded in accordance there- sifted". 
with, shall be classed as unclassified, and branded "Massa- 
chusetts Unclassified". 

Section 2. Said chapter ninety-four, as amended in sec- g- i^- 94. § los, 
tion one hundred and three by section two of said chapter ^ "^ ' ''"^*^"' ^ ' 
two hundred and sixty-four, is hereby further amended by 
striking out said section one hundred and three and insert- 
ing in place thereof the following: — Section 103. The mini- Minimum size 
mum size of all apples in all grades, including unclassified ma^rkuir'upon 
apples as defined in section one hundred and one, shall be 5^Pit''^^;„*- „ 

1 1 1 1 111111 •!! 1- cietrermination, 

marked upon the package, and shall be determmed by takmg etc 
the transverse diameter of the smallest fruit in the package 
at right angles to the stem and blossom end, except that the 
minimum size of all apples packed in boxes or cartons need 
not be marked on the box or carton if it is marked with a 
statement of the number of apples contained therein. Mini- 
mum sizes shall be stated in variations of one quarter of an 
inch, such as two inches, two and one quarter inches, and so 
forth, in accordance with the facts. Minimum sizes may be 
designated by figures instead of words. The word "mini- 
mum" may be designated by using the abbreviation "min." 

Approved April 2, 1928. 



An Act relative to the powers of the melrose fire- Chav.lSl 
men's relief association, incorporated. 

Be it enacted, etc., as follows: 

The Melrose Firemen's Relief Association, Incorporated, men°s^Rri'ie'f" 
a corporation duly established by law, acting by its board of Association, 
trustees, is hereby authorized, in case of the death of a mem- nwy'pay'^deLth 
ber, to pay or cause to be paid from its funds to the person benefits, etc. 



204 



Acts, 1928. — Chaps. 182, 183, 184. 



entitled thereto a death benefit not exceeding five hundred 
dollars, and to pay or cause to be paid from its funds to any 
member receiving injuries requiring hospital and medical 
attendance an amount not exceeding fifty dollars. 

Approved April 2, 1928. 



Chap. 1S2 An Act authorizing the payment of excess interest on 

DEFERRED PAYMENTS OF PROCEEDS OF NON-PARTICIPATING 
POLICIES OF LIFE INSURANCE COMPANIES. 



G. L. 175, § 149, 
amended. 



Payment of 
excess interest 
on deferred 
payments of 
proceeds of 
non-partici- 
pating policies 
of life insur- 
ance companies. 



Be it enacted, etc., as follows: 

Section one hundred and forty-nine of chapter one hun- 
dred and seventy-five of the General Laws is hereby amended 
by adding at the end thereof the following new paragraph : — 
A domestic life company issuing its policies on the non- 
participating plan may provide therein that, in addition to 
the rate of interest guaranteed by the company to be paid 
on deferred payments of the proceeds, excess interest may be 
paid thereon at such rate as the company may annually 
declare; and the inclusion in any non-participating policy 
of such provision shall not be construed to make the pohcy 
participating. Approved April 2, 1928. 



Chap.lSS An Act relative to the payment of salaries of teachers 
and supervisors employed in schools within the 
department of education. 

Be it enacted, etc., as follows: 

Section 1. Section thirty-one of chapter twenty-nine of 
the General Laws is hereby amended by adding at the end 
thereof the following : — Notwithstanding the foregoing pro- 
visions of this section, the annual salary of each teacher and 
each supervisor employed in any school within the depart- 
ment of education, whose regular service is rendered from 
September first to June thirtieth, shall be for his service for 
the number of weeks established by the department for such 
school to be in session during said period, payable, however, 
in equal instalments on the first day of each month, and the 
amount earned and unpaid at the time of his resignation, 
retirement, death or entry on leave of absence shall be paid 
forthwith to the persons entitled thereto. 

Section 2. This act shall apply to the salary of every 
teacher or supervisor as aforesaid who resigned, retired, died 
or entered on leave of absence after February first, nineteen 
hundred and twenty-seven. Approved April 2, 1928. 



G.L. 29, §31. 
amended. 

Payment of 
salaries of 
teachers and 
supervisors 
employed in 
schools within 
department of 
education. 



Application. 



Chap. 184 An Act to change the title of attendance officers. 
Be it enacted, etc., as follows: 



G. L. 77. § 12. 
amended. 



Section L Section twelve of chapter seventy-seven of 
the General Laws is hereby amended by striking out, in the 
second and fifth fines, the words "attendance officers" and 



Acts, 1928. — Chaps. 185, 186. 205 

inserting in place thereof in each instance the words: — 

supervisors of attendance, — and by striking out, in the 

third Une, the word "officers" and inserting in phice thereof 

the word : — supervisors, — so as to read as f ollows : — *Sec- Supervisors of 

tion 12. Every school committee shall appoint and fix the *"'*'"*'"""'• 

compensation of one or more supervisors of attendance, who 

may be either male or female, and shall make regulations for 

their government. Such supervisors shall not receive fees No fees for 

for their services. The committees of two or more towns may services. 

employ the same supervisors of attendance. 

Section 2. All laws now or hereafter in force relative Laws relative 
to attendance officers shall apply to supervisors of attendance. offi^erTappit^ 

Section 3. The provisions of this act shall not be con- cable 19 

■, ■ ■, ■ f, 1 , . I supervisors of 

strued to make said supervisors 01 attendance subject to the attendance. 
provisions of sections six to nineteen, inclusive, of chapter Not subject to 

!• ci/-^ IT A 1 A -1 J /-. r> certain provi- 

thirty-two of the General Laws. Approved April 2, 1928. sionsof law. 
An Act relative to the rights of stockholders of (Jjidj) ^§5 

DOMESTIC insurance COMPANIES. 

Be it enacted, etc., as follows: 

Section sixty-one of chapter one hundred and seventy-five g. l. 175, § ei, 
of the General Laws is hereby amended by striking out, in the ^"^®° ^^' 
second and third hnes, the words " , not in excess of one tenth 
of the capital,", — and by striking out, in the fourth and 
fifth hnes, the words " , but no officer shall vote as proxy", — 
so as to read as follows: — Section 61. Each stockholder of hofdeMo^f^**"'''* 
such a company shall be entitled to one vote for each share domestic insur- 
he holds in the choice of directors and at all meetings of the ^uce companies. 
company. 

Proxies may be authorized by written power of attorney. Proxies. 

Approved April 2, 1928. 

An Act relative to the waiver by fraternal benefit (JJiqt) JgQ 

SOCIETIES of regular MORTUARY CONTRIBUTIONS FROM 
MEMBERS AND TO THE DISTRIBUTION OF SURPLUS BY 
SUCH SOCIETIES. 

Be it enacted, etc., as follows: 

Chapter one hundred and seventy-six of the General Laws, g. l. i76, j 17, 
as amended in section seventeen by chapter two hundred and ^'"^ ' ^'^®"'*«"^' 
six of the acts of nineteen hundred and twenty-six, is hereby 
further amended by striking out said section seventeen 
and inserting in place thereof the following: — Section 17. ^atJrnfi benefit 
Whenever it appears by a valuation certified to by a compe- societies of 
tent actuary that the actual assets of a society exceed its ar|"cont7ii)u"' 
liabilities, including in liabilities the tabular reserves com- ^"^be^T 
puted on the basis specified in the preceding section, by an 
amount equal to five per cent of said reserves, increased by 
an amount equal to all its other mortuary liabilities, it may, 
by vote of its officers having the powers of directors, and for 
such period as its assets are maintained as aforesaid, waive 
the further collection of the regular mortuary contributions 



206 



Acts, 1928. — Chaps. 187, 188. 



Distribution of 
surplus. 



from its members. A society maintaining a surplus of assets 
in excess of such amount as enables it to waive contributions 
as aforesaid may pay back to its several members an equitable 
portion of such surplus in such manner as may be deter- 
mined by vote of said officers. Approved April S, 1928. 



G. L. 90, § 9, 
etc., amended. 



Certain mis- 
statements in 
applications not 
to affect reg- 
istration of 
motor vehicles 
or trailers. 

G. L. 175. 
§ n3A, etc., 
amended. 



Chav. \S7 An Act relative to the effect of certain misstate- 
ments IN APPLICATIONS FOR REGISTRATION OF MOTOR 
VEHICLES OR TRAILERS AND POLICIES OF INSURANCE 
COVERING THE SAME. 

Be it enacted, etc., as follows: 

Section 1. Section nine of chapter ninety of the General 
Laws, as amended by section three of chapter three hundred 
and three of the acts of nineteen hundred and twenty-two, 
is hereby further amended by adding at the end thereof the 
following new sentence : — A motor vehicle or trailer shall 
be deemed to be registered in accordance with this chapter 
notwithstanding any mistake in so much of the description 
thereof contained in the application for registration as relates 
to the engine, serial or maker's number thereof. 

Section 2. Section one hundred and thirteen A of chap- 
ter one hundred and seventy-five of the General Laws, as 
inserted by section four of chapter three hundred and forty- 
six of the acts of nineteen hundred and twenty-five and as 
amended by sections four and five of chapter three hundred 
and sixty-eight of the acts of nineteen hundred and twenty- 
six, is hereby further amended by inserting after the word 
"behalf" in the thirty-fifth line as printed in said sec- 
tion four of said chapter three hundred and forty-six the 
words : — , either in securing the policy or in securing regis- 
tration of the motor vehicle or trailer covered thereby, — so 
that provision numbered (4) will read as f ollow^s : — (4) That 
no statement made by the insured or on his behalf, either in 
securing the policy or in securing registration of the motor 
vehicle or trailer covered thereby, and no violation of the 
terms of the policy shall operate to defeat or avoid the policy 
so as to bar recovery within the limit provided in the policy 
by a judgment creditor proceeding under the provisions of 
said section one hundred and thirteen and clause (10) of 
section three of chapter two hundred and fourteen ; 

Approved April 2, 1928. 



Misstatements 
in policy or 
application for 
registration not 
to defeat or 
avoid policy, 
etc. 



Chap. 188 An Act to remedy the evils resulting from the failure 
OF election of a ward or town committee and the 
failure of such a committee to organize. 

Be it enacted, etc., as follows: 

Chapter fifty-two of the General Laws is hereby amended 
by inserting after section four the following new section: — 
Section 4-^. In case there is a failure of election of a ward 
or town committee, the city committee or the state com- 
mittee, respectively, of the political party which said ward 



G. L. 52, new 
section after § 4, 

Procedure in 
case of failure 
of election of a 
ward or town 
committee. 



Acts, 1928. — Chap. 189. 207 

or town coMiinittcc represents shall appoint from among the 
voters quaUfied therefor the members of such committee and 
shall call a meeting for its organization, in such call appoint- 
ing a time for holding the same and naming a person to preside 
thereat. If a ward committee or a city or town committee in case of 
fails to meet within the time prescribed by section four and oTg^nLe" 
organize the city committee or the state committee, respec- 
tively, of the political party which such ward, city or town 
committee represents shall call a meeting for its organization, 
in such call appointing a time for holding the same and nam- 
ing a person to preside thereat. In the event that a ward or Election void 
town committee fails to meet at the time appointed as afore- IC-e^trmlit''" 
said and organize the election of each of its members shall at^'^'^^fnt^d 
be void and the same proceedings shall be had as is herein time. 
provided in the case of a failure of election. 

Approved April 2, 1928. 

An Act relative to the admission of certain cities and fUn^y i co 

TOWNS into the METROPOLITAN WATER DISTRICT. ^' 

Be it enacted, etc., as follows: 

Section ten of chapter ninety-two of the General Laws is g. l. 92, § 10, 
hereby amended by inserting after the word "Boston" in the ^"lended. 
fourth line the word: — , Brookline, — and also b}^ inserting 
after the word "sum" in the thirteenth line the words: — 
or sums upon such terms, — so that the first paragraph will 
read as follows: — Section 10. The commission shall con- Construction 
struct, maintain and operate a system of metropolitan water nancTof^wtter 
works and shall provide thereby a sufficient supply of pure works by 
water for the following named towns and the inhabitants district com- 
thereof: ArHngton, Belmont, Boston, Brookline, Chelsea, chT°and 
Everett, Lexington, Maiden, Milton, Medford, Melrose, towns in 
Nahant, Newton, Quincy, Revere, Somerville, Stoneham, '^'^*'™*- 
Swampscott, Watertown and Winthrop, which shall be the 
metropohtan water district; shall secure and protect the 
purity of said water; shall on application furnish water to 
any town aforesaid that at the time of application owns its 
water pipe sj^stem; shall on application admit any other Furnishing 
town, any part of which is within ten miles of the state house, be^yond^dlstHct, 
into said water district, and furnish water to the same on the etc. 
terms prescribed by this chapter for the towns aforesaid, and 
on payment of such sum or sums upon such terms as the com- 
mission may determine; shall on application furnish water 
to any water company owning the water pipe system in any 
town within said ten miles, on such water company assuming 
the assessments of the town, if any, and making such pay- 
ment as the commission may determine; and in case of fire 
or other emergency may furnish water to any town or water 
company, on such payment as the commission may deter- 
mine; provided, that any such town last referred to shall Proviso, 
first have acquired the works of any water company therein 
situated, constructed for the purpose of supplying said town 
or its inhabitants with water. All payments aforesaid shall 



208 Acts, 1928. — Chaps. 190, 191, 192. 

be distributed to the towns in said district in proportion to 
the total amount of the annual assessments theretofore paid 
by them respectively. The commission shall furnish water 
to the town or company, by delivering it into a main water 
pipe, reservoir or tank of the town or company, under suffi- 
cient pressure for use without local pumping, unless delivered 
in some other manner by mutual agreement between the 
parties interested ; and shall have the direction and control of 
the connections between the metropolitan and local systems. 

Approved April 2, 1928. 



Chap. 190 An Act relative to an underpass under the drive on 

THE QUINCY shore RESERVATION IN THE CITY OF QUINCY. 

Be it enacted, etc., as follows: 
Metropolitan SECTION 1. After au appropriation has been made, the 

mission may metropolitan district commission is hereby authorized and 
uTcferpass^for directed to construct an underpass for foot traffic under the 
u^^der drive on ^rive ou the Quincy shore reservation at such point in that 
Quincy shore part of the city of Quiucy known as Wollaston as the said 
citTofQuTncy. commissiou may determine, and for this purpose may ex- 
Expenditure, pend a sum not exceeding twelve thousand dollars, of which 
one half shall be included in the amounts to be assessed upon 
the metropolitan parks district for maintenance of reserva- 
tions and the remainder shall be paid by the city of Quincy 
and assessed as part of the state tax. 
^cclptance by" SECTION 2. This act shall take effect upon its acceptance 
city council of duriug the current year by vote of the city council of the city 
"'"*^^' of Quincy subject to the provisions of its charter, but not 

otherwise. Approved April 2, 1928. 



C/iap.l91 An Act relative to the establishment of public play- 
grounds BY cities and TOW'NS. 

Be it enacted, etc., as follows: 

^m^ndtd.^ '^' Section fourteen of chapter forty-five of the General Laws 
is hereby amended by adding at the end thereof the follow- 
vi^s^onTn^'o't'" ing '. — The provisions of section fifteen or sixteen shall not 
tE^'dt'^or'^" ^^ construed to apply to any city or town because of any 
town because of actiou taken under this section. Approved April 2, 1928. 

action taken 

under section. ^__^ 

Chap. 192 An Act authorizing the use of the photographic process 
in making certain public records. 

Be it enacted, etc., as follows: 

Snl'ndld.^^' Section 1. Section three of chapter sixty-six of the 
General Laws is hereby amended by inserting after the word 
"paper" in the second line the woixl: — , photograph, — and 
by adding at the end thereof the following new sentence : — 
Public records may be made by photographic process when 
the instrument to be recorded is required by law to remain 



Acts, 1928. — Chap. 193. 209 

in the custody of the recording officer, — so as to read as 
follows: — Section 3. The word "record" in this chapter -Record •• 
shall mean any written or printed book, paper, photograph, defined. 
map or plan. AH public records other than maps and plans Quality of 
shall be entered or recorded on paper made of linen rags and paper required. 
new cotton clippings, well sized with animal sizing and well 
finished, and preference shall be given to paper of American 
manufacture marked in water line with the name of the 
manufacturer. Public records may be made by photo- photographic 
graphic process when the instrument to be recorded is re- JJ[ak?n^ certain 
quired by law to remain in the custody of the recording public records 

officer. ^perrnitted. 

Section 2. Section four of said chapter sixt3^-six is hereby g.l. 66, §4, 
amended by inserting after the word "record" in the fifth '*"^^"^e'^- 
line the words : — , nor shall any photographic machine or 
device or chemical used in connection therewith be used in 
making any public record, — so as to read as follows: — 
Section 4- No ink shall be used upon any public record Certain 
except ink furnished by the supervisor of records, and no usfofcertatn 
ribbon, pad or other device used for printing by typewriting ma^Jifnei^etc., 
machines, or stamping pad, or any ink contained in such forbidden'. 
ribbon, pad, device or stamping pad, shall be used upon any 
public record, nor shall any photographic machine or device 
or chemical used in connection therewith be used in making 
any public record, except such as has been approved by the 
supervisor of records, who may cancel his approval if he finds 
that any article so approved is inferior to the standard es- 
tablished by him. Whoever violates this section shall be Penalty. 
punished by a fine of not more than fift}^ dollars. 

Section 3. Clause twentj^-sixth of section seven of chap- g. l. 4, § 7, ci. 
ter four of the General Laws is hereby amended by adding amTHded."**^' 
at the end thereof the words: — , including public records 
made by photographic process as provided in section three 
of said chapter, — so that said clause will read as follows : — 
Twenty-sixth, "Public records" shall mean any written or "Public 
printed book or paper, any map or plan of the commonwealth, defi'ned.' 
or of any county, city or town which is the property thereof, 
and in or on which any entry has been made or is required 
to be made by law, or which any officer or employee of the 
commonwealth or of a county, city or town has received or 
is required to receive for filing, and any book, paper, record 
or copy mentioned in sections five to eight, inclusive, and 
sixteen of chapter sixty-six, including public records made by 
photographic process as provided in section three of said 
chapter. Approved April 2, 1928. 

An Act relative to the health officers of barnstable (Jjmjy 1 93 

COUNTY. ^' 

Be it enacted, etc., as follows: 

Section 1. Chapter one hundred and thirty-three of the 1926, 133. § 1. 
acts of nineteen hundred and twenty-six is hereby amended by '*™®"'^^'^- 
striking out section one and inserting in place thereof the 



210 



Acts, 1928. — Chap. 194. 



County health 
officers, 
assistants and 
clerks, in 
Barnstable 
county, 
appointment, 
duties, etc. 



Salaries. 



Submis.?ion to 
Barnstable 
county 
commissioners. 



following: — Section 1. The county commissioners of Barn- 
stable county may appoint one or more registered physicians 
as county health officers and such assistants and clerks as 
the said commissioners may deem proper, who shall perform 
such duties as the said commissioners may prescribe and may, 
upon written application of the school committee or board 
of health of any town within said county filed with the said 
commissioners, act as school phj^sician, inspector of milk or 
agent of the board of health in such town. County health 
officers, assistants and clerks so appointed shall be paid by 
said county such salaries as shall be established by the said 
commissioners and necessary expenses incurred in the per- 
formance of their duties. 

Section 2. This act shall take effect upon its acceptance 
during the current year by the county commissioners of said 
county, but not otherwise. Ayproved April 2, 1928. 



C/ia».194 -^N -^C'T PROVIDING FOR BIENNIAL MUNICIPAL ELECTIONS IN 

THE CITY OF WOBURN. 



Biennial 
municipal 
elections in 
city of Woburn. 



Terms of mayor 
and city 
councillors. 



Inauguration 
meeting. 



Vacancy in 
office of mayor. 



Vacancy in 

school 

committee. 



School 
committee, 
election, terms, 
etc. 



Be it enacted, etc., as follows: 

Section 1. Beginning with the second Tuesday of De- 
cember in the year nineteen hundred and thirty-one, munic- 
ipal elections in the city of Woburn for the choice of mayor, 
members of the city council and members of the school com- 
mittee shall be held biennially on the second Tuesday of 
December in every odd-numbered year. 

Section 2. Beginning with the biennial municipal elec- 
tion to be held in the year nineteen hundred and thirty-one, 
the mayor and members of the city council of said city shall 
be elected for terms of two years and shall serve until their 
successors are quahfied. The inauguration meeting of the 
city government shall be held on the first Monday of January 
following each biennial municipal election. After the first 
Monday of January, nineteen hundred and thirty-one, any 
vacancy in the office of mayor, if occurring prior to the last 
six months of his term, shall be filled by election in the 
manner now provided by law, for the balance of the unexpired 
term. Any vacancy in the school committee shall be filled 
for the unexpired term at the next succeeding municipal 
election held more than sixty days after such vacancy occurs. 

Section 3. At the biennial municipal election to be held 
in the year nineteen hundred and thirty-one, three members 
of the school committee shall be elected to serve for four years 
each and until their successors are qualified. At the annual 
municipal election to be held in the year nineteen hundred 
and twenty-eight and at the annual municipal election to be 
held in the year nineteen hundred and thirty, three members 
of the school committee shall be elected to serve for three 
years each and until their successors are qualified. At the 
annual municipal election to be held in the year nineteen hun- 
dred and twenty-nine, three members of the school committee 
shall be elected to hold office for four years each and until the 



Acts, 1928. — Chaps. 195, 196. 211 

qualification of their successors who shall be elected at the 
biennial municipal election to be held in the year nineteen 
hundred and thirty-three. At the biennial municipal election 
to be held in the year nineteen hundred and thirty-three and 
at each biennial election thereafter six members of the school 
committee shall be elected to fill vacancies occurring in the 
following January and of the members so to be elected three 
shall be elected for terms of two years and three for terms ■ 
of four years each. 

Section 4. Such provisions of chapter one hundred and P"^*^'?, 
seventy-two of the acts of eighteen hundred and ninety-seven, provisions 
and acts in amendment thereof and in addition thereto, as repealed. 
are inconsistent with this act are hereby repealed. 

Section 5. This act shall be submitted to the registered to"y^efj°etc 
voters of the city of Woburn at the state election in the cur- 
rent year in the form of the following question which shall 
be printed on the official ballot to be used in said city at said 
election: — "Shall an act passed by the general court in the 
year nineteen hundred and twenty-eight, entitled 'An Act 
providing for Biennial Municipal Elections in the City of 
Woburn', be accepted?" If a majority of the voters voting 
thereon vote in the affirmative in answer to said question, 
this act shall thereupon take effect, but not otherwise. 

Approved April 2, 1928. 

An Act authorizing the city of malden to pay certain (jhQj) 1 95 

SUMS OF MONEY ON ACCOUNT OF THE DEATH OF CHARLES ^ ' 
H. NICHOLSON. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of promoting the public good, ^1^1^°^ j^^^ 
the city of Maiden may pay to the widow of Charles H. pay certain 
Nicholson, formerly inspector of wires in said city, who died o^cc°Qu?t°oF 
on July twenty-sixth, nineteen hundred and twenty-seven, n^NichSso"'^^ 
as a result of injuries received by him on March twenty- 
second, nineteen hundred and twenty-seven, while in the 
performance of his official duties as such, the amount to 
which she would be entitled if sections sixty-nine to seventy- 
five, inclusive, of chapter one hundred and fifty-two of the 
General Laws, as amended, had been in effect in said city 
at the time of said injuries as to foremen, subforemen and 
inspectors, and subject to the conditions set forth in section 
thirty-one of said chapter, as amended. 

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

Approved April 3, 1928. 

An Act to provide for the redivision of the city of 
pittsfield into wards and voting precincts in the 
current year. 

Be it enacted, etc., as follows: 

Section 1. On or before December first of the current Redivision 
year, the city of Pittsfield, by vote of its city council, shall piusSeid into 

wards. 



Chap.196 



212 



Acts, 1928. — Chaps^ 197, 198. 



Boundaries. 



Notice to 
state secretary. 



Information 
available to 
city council. 



make a new division of its territory into such number of 
wards as may be fixed by law. The boundaries of such wards 
shall be so arranged that the wards shall contain, as nearly 
as can be ascertained and as may be consistent with well 
defined limits to each ward, an equal number of voters. The 
city clerk shall forthwith give written notice to the state 
secretary of the number and designations of the wards so 
estabhshed, together with an official copy of the description 
of said wards. For the purposes of this act, the registrars 
of voters, the assessors and any other board or officer of said 
city, including the police department, may, and upon request 
of said city council shall, consult with it and furnish to it all 
facts and information requested within their control or knowl- 
edge, and all the resources and facilities of said city boards or 
officers, or any of them, shall be available to said city council. 
As soon as may be after such redivision into wards, the alder- 
men shall divide such city into voting precincts, conformably 
to section two of chapter fifty-four of the General Laws. 
Such redivision shall take effect on January first, nineteen 
hundred and twenty-nine. 

Section 2. This act shall take effect upon its acceptance, 
on or before July first of the current year, by vote of the city 
council of said city, subject to the provisions of its charter; 
otherwise it shall not take effect. For the purpose only of 
such acceptance, it shall take effect upon its passage. 

Approved April 3, 1928. 

Chap.197 An Act confirming certain rights of the wannacomet 

WATER COMPANY IN THE TOW^N OF NANTUCKET. 

Be it enacted, etc., as follows: 

Section 1. The construction and use in the town of 
Nantucket by the Wannacomet Water Company of water 
works, hj^drants and water mains, in so far as they are 
affected by the lack of any valid locations granted by the town 
to said company or by any other informality in the proceed- 
ings of the town or town officers relative to the granting of 
rights to said company, are hereby made legal. 

Section 2. The provisions of this act shall not be con- 
strued to affect the powers conferred upon the selectmen of 
the town of Nantucket by section fourteen of chapter one 
hundred and fifty-eight of the General Laws. 

Approved April 3, 1928. 



Division into 

voting 

precincts. 



Time of taking 
effect. 

Submission 
to city council, 
etc. 



Certain rights 
of the Wanna- 
comet Water 
Company in 
town of Nan- 
tucket legalized. 



Certain powers 
conferred upon 
selectmen not 
affected. 



C/iop, 198 An Act authorizing the appointment of an additional 

COURT officer FOR THE MUNICIPAL COURT OF THE ROX- 
BURY DISTRICT OF THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Section L Section sixty-two of chapter two hundred and 
eighteen of the General Laws, as most recently amended by 
section one of chapter eighty-six of the acts of nineteen hun- 
dred and twenty-four, is hereby further amended by striking 
out, in the eighth hne, the word "three" and inserting in 



G. L. 218, §02, 
etc., amended. 



Acts, 1928. — Chaps. 199, 200. 213 

place thereof the word : — four, — so as to read as follows : — 
Section 62. In the municipal court of the city of Boston Number of 
the court officers appointed shall not exceed ten for criminal f," disuTcr'^^ 
business and five for civil business and one of such court courts. 
officers for criminal business shall be designated by the chief 
justice as chief court officer of said court for criminal busi- 
ness, and one of such court officers for criminal business shall 
be designated as an assistant chief court officer; in the mu- Additional for 
nicipal court of the Roxbury district four court officers may "ouTor' 
be appointed; in the municipal court of the South Boston ^°^^^l^ 
district, of the Charlestown district and of the West Roxbury 
district, the East Boston district court, the third district 
court of eastern Middlesex and the district court of East 
Norfolk two court officers for each court may be appointed ; 
and in each of the other district courts in the commonwealth 
one court officer may be appointed. 

Section 2. This act shall take effect upon its acceptance submission to 
during the current year by vote of the city council of the city eta *'°"'^" ' 
of Boston, subject to the provisions of its charter, but not 
otherwise. Approved April S, 1928. 

An Act authorizing the taking of easements of slope (7/^or).199 

IN CONNECTION WITH LAND TAKINGS FOR HIGHWAY PUR- 
poses by COUNTY COMMISSIONERS. 

Be it enacted, etc., as follows: 

Chapter eighty-two of the General Laws is hereby amended ^^dld.^ '^' 
by striking out section seven and inserting in place thereof 
the following : — Section 7. If it is necessary, for the pur- Taking of 

ni. iii- 1 ±- I'l J. • easements of 

pose of laying out, altering or relocating a highway, to acquire aiope in 
land, or an easement or right therein, including an easement fand tik^ngr'for 
in land adjoining the location of the highway consisting of a highway pur- 
right to have the land of the location protected by having the commis^ion^ra.^ 
surface of the adjoining land slope from the boundary of the 
location, the commissioners shall, at the same time that the 
highway is laid out, altered or relocated, take such land, 
easement or right by eminent domain under chapter seventy- 
nine. Any person sustaining damage in his property by the Damages, 
laying out, alteration, relocation or discontinuance of a high- 
way, or by specific repairs thereon, shall be entitled to re- 
cover the same under said chapter. If no entry has been indemnity. 
made upon land taken for highway purposes, or if the location 
has for any other cause become void, or if specific repairs 
which have been ordered are not made, a person who has 
suffered loss or been put to expense by the proceedings shall 
be entitled to recover indemnity therefor under said chapter. 

Approved April 3, 1928. 

An Act relative to appropriations by the city of bos- (jhr,^ 900 

TON FOR MUNICIPAL PURPOSES. ^ * 

Be it enacted, etc., as follows: 

Section 1. The city of Boston may by vote of the city Appropriations 
council, with the approval of the mayor, in the manner Boston f°ir 



214 Acts, 1928. — Chaps. 201, 202. 

municipal Specified in section three of chapter four hundred and eighty- 
purposes. ^j^ ^^ ^^^ ^^^^ ^^ nineteen hundred and nine, make appropria- 

tions for municipal purposes to be raised by taxation for the 
financial year ending December thirty-first, nineteen hundred 
and twenty-eight, not exceeding the sum of twelve dollars 
and fifty cents on each one thousand dollars of the valuation 
upon which the appropriations by the city council are based. 
Section 2. This act shall take effect upon its passage. 
{The foregoing was laid before the governor on the thirtieth 
day of March, 1928, and after five days it had "the force of a 
law", as 'prescribed by the constitution, as it ivas not returned 
by him with his objections thereto within that time.) 



Chap.201 An Act establishing the compensation for mileage of 

THE SERGEANT-AT-ARMS. 

Be it enacted, etc., as follows: 

G- L. 3, § 20, Section 1. Section twenty of chapter three of the General 
Laws, as most recently amended by section two of chapter 
five hundred and two of the acts of nineteen hundred and 
twenty-four, is hereby further amended by striking out, in 
the first and second lines, the word "Doorkeepers" and in- 
serting in place thereof the words : — The sergeant-at-arms, 

Compensation doorkccpcrs, — SO as to read as follows : — Section 20. The 

for mileage of / ' j i • j. j. j i 

certain legisia- sergeaut-at-arms, doorkeepers, assistant doorkeepers, mes- 
tive employees, ggjjgers and pages, the postmaster and assistant postmaster, 
the clerks in the sergeant-at-arms' office, and the clerk, assist- 
ant clerk and other assistants in the legislative document 
room shall each receive for each annual session four dollars 
and twenty cents for every mile of ordinary traveling distance 
from their places of abode to the place of the sitting of the 
Time of general court. Payments to persons authorized to receive 

payment. compcusatiou uuder this section shall be made from the 

treasury of the commonwealth in anticipation of an appro- 
priation, 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. 
Jff™t °^ ^'^^''"^ Section 2. This act shall take effect after an appropria- 
tion has been made, and then as of January first in the current 
year. 

{The foregoing was laid before the governor on the thirtieth 
day of March, 1928, and after jive days it had "the force of a 
law", as prescribed by the constitution, as it was not returned 
by him with his objections thereto within that time.) 

Chap. 202 An Act authorizing the governor to apply for and 
receive certain federal funds equitably belong- 
ing TO battery a, 102nd f. a., veterans' association, 

of HAVERHILL. 

Be it enacted, etc., as follows: 
Governor may ^lie govcmor is hereby authorized to apply to the finance 

apply tor 3.ncl ^^ . 

receive certain officcr of the War department of the United States at Wash- 



Acts, 1928. — Chaps. 203, 204. 215 

ington, D. C. for the payment to him of certain funds held eqlfit^jj""'^^ 
by said finance officer which e(iuitably belong to Battery A, beionginK to 
102nd F. A., Veterans' Association, of Haverhill, and the io2nd'^F.^.. 
governor is further authorized to receive said funds and pay Ass®cf"t^on 
them over to said association. Approved April 10, 1928. of Haverhiii. 



C/iap. 203 



An Act authorizing the granite trust co. to hold 
additional real estate in the city of quincy, 

Be it enacted, etc., as follows: 

Section 1. The Granite Trust Co., a trust company Granite Trust 
organized under the laws of this commonwealth and having additional ?eai 
its usual place of business in the city of Quincy, may, subject ofouin" ''^'"^ 
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, invest in real estate in said 
city suitable for and to be used in whole or in part for the 
transaction of its business to an amount, including the cost 
of alterations and additions in the nature of permanent 
fixtures, not exceeding, directly or indirectly, six hundred 
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 efiect. 

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

Approved April 10, 1928. 

An Act providing for forest fire patrol in certain (Jfidj) 204 

TOWNS IN BARNSTABLE COUNTY. 

Whereas, The deferred operation of this act would defeat Emergency 
its purpose, therefore it is hereby declared to be an emergency 
law, necessary for the immediate preservation of the public 
safety. 

Be it enacted, etc., as follows: 

Section 1. For the detection and prevention of forest ^''^rovTd^l^for 
fires in the towns of Brewster, Chatham, Dennis, Eastham, forest fire 
Harwich, Orleans, Provincetown, Truro and Wellfleet, the Cns 1^"'*^'" 
state forester is hereby authorized and directed to appoint ^(fj^f''^^'® 
an additional temporary officer in the division of forestry, or 
to detail one of the assistants to the state fire warden, whose 
duty it shall be to patrol the forests in said towns during 
those seasons of the current year when forest fires are likely 
to occur therein. For such purpose, said officer or assistant 
shall exercise all the powers and duties conferred or imposed 
by section fifteen of chapter forty-eight of the General Laws. 

Section 2. For the purposes of this act, the state forester Expenditure. 
may expend, during the current fiscal year, after an appropri- 
ation has been made, the sum of thirteen hundred and fifty 
dollars, provided that not less than an equivalent sum in the Proviso. 



216 



Acts, 1928. — Chap. 205. 



aggregate be raised and appropriated by said towns during 
the current year for the purpose of estabHshing local forest 
fire patrols within their respective limits to act in cooperation 
with the state patrol herein provided for. 

Approved April 10, 1928. 



Chap.205 An Act prohibiting certain agreements or waivers 
IN relation to insurance policies and other con- 
tracts, AND relative TO UNLICENSED PERSONS ACTING 
AS INSURANCE AGENTS OR BROKERS. 



Emergency 
preamble. 



Whei'eas, The deferred operation of this act would tend to 
defeat its purpose, therefore it is hereby declared to be an 
emergency law, necessary for the immediate preservation of 
the public convenience. 



G. L. 175, new 
section after 

§22A. 



Certain agree- 
ments or 
waivers in 
relation to 
insurance 
policies or 
annuity or pure 
endowment 
contracts pro- 
hibited. 



Penalty. 



G. L. 175, § 177, 
amended. 



Compensation 
to unlicensed 
persons acting 
as insurance 
agents or 
brokers 
forbidden. 



Sections 
182-181, in- 
clusive, not 
affected. 
Penalty. 



Be it enacted, etc., as follows: 

Section 1. Chapter one hundred and seventy-five of the 
General Laws is hereby amended by inserting after section 
twenty-two A, inserted therein by section four of chapter 
one hundred and six of the acts of the current year, the 
following new section: — Section 22B. No company and no 
officer, agent or employee thereof, and no insurance broker, 
shall make, issue or deliver any policy of insurance or any 
annuity or pure endowment contract, or make or procure 
the making of, solicit or accept any oral or written agreement, 
containing a waiver or a provision for a waiver by an appli- 
cant for, or the insured under or holder of, any such policy 
or contract, of any provision of this chapter, except as ex- 
pressly authorized thereby. Any such agreement, waiver 
or provision shall be void. Whoever violates this section 
shall forfeit not less than one hundred nor more than five 
hundred dollars. 

Section 2. Said chapter one hundred and seventy-five 
is hereby further amended by striking out section one hun- 
dred and seventy-seven and inserting in place thereof the 
following: — Section 177. No company and no officer, agent 
or employee thereof, and no duly hcensed insurance broker, 
shall, directly or indirectly, pay or allow or offer or agree to 
pay or allow compensation or anything of value to any person, 
excepting an officer of a domestic company acting under 
section one hundred and sixty-five, for acting in this com- 
monwealth as an insurance agent or as an insurance broker, 
both as defined in section one hundred and sixty-two, who 
is not then duly Hcensed as an insurance agent of the com- 
pany for which he assumes to act or as an insurance broker. 
Nothing in this section shall affect sections one hundred and 
eighty-two to one hundred and eighty-four, inclusive. Who- 
ever violates any provision of this section shall be punished 
by a fine of not less than twenty nor more than two hundred 
dollars. Approved April 10, 1928. 



Acts, 1928. — Chaps. 206, 207. 217 



An Act relative to certain elections in the town of Chap.206 

WAYLAND AND CERTAIN ACTS AND PROCEEDINGS OF SAID 
TOWN AND ITS BOARD OF WATER COMMISSIONERS. 

Be it enacted, etc., as follows: 

Section 1. The election of the persons purportedly hold- [Jonsintotvn of 
ing office on the effective date of this act as members of the vvayiand and 
board of water commissioners of the town of Wayland, estab- and^proceed- 
lished under the authority of chapter eighty of the acts of ["wn^ind Ha 
eighteen hundred and seventy-eight, and all acts and pro- board of water 

!• ill 1 J 11 ill ir-j commissioners 

ceedings purportedly done or taken by the board of water validated. 
commissioners of said town, and all acts and proceedings of 
said town, in so far as such election, acts or proceedings may 
be invalid by reason of the absence of any general or special 
law authorizing the election of more than three members of 
said board, are hereby confirmed and made valid. 

Section 2. After the effective date of this act said board Board of water 

p . . . . r, , commissioners, 

of water commissioners shall consist of nve members; pro- members. 
vided, that, except for the purpose of filling vacancies therein 
as hereinafter provided, only one member thereof shall be Proviso. 
elected at the annual town meeting of said town to be held 
in the year nineteen hundred and twenty-nine or in the 
year nineteen hundred and thirty and that thereafter at 
each annual town meeting of said town only one member of 
said board shall be elected. The first vacancy, if any, occur- Vacancies. 
ring in the office of members whose terms expire in the year 
nineteen hundred and twenty-nine and in the office of mem- 
bers whose terms expire in the year nineteen hundred and 
thirty shall not be filled, otherwise every vacancy in the 
membership of said board shall be filled for the unexpired 
term at the next town meeting of said town. 

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

Approved April 10, 1928. 



ki!i Act providing for the appointment of a temporary Chav, 207 
auditor, treasurer or accountant in a municipality 
in certain cases. 

Whereas, The deferred operation of this act would, in part, pr'^a^^^bre'!^ 
defeat its purpose, therefore it is hereby declared to be an 
emergency law, necessary for the immediate preservation of 
the public convenience. 

Be it enacted, etc., as follows: 

Chapter forty-one of the General Laws is hereby amended Jetton aftw^ 
by inserting after section sixty-one, under the heading §6i- 
"temporary auditor, treasurer and accountant", the 
following new section: — Section 61 A. In case of the in- Appointment of 
capacity of a city auditor or city treasurer or of a town audlto^r?'*'^^ 
treasurer or town accountant or of the auditor in a town i^„t^^"f5°'". 

, . Ill- accountant in 

navmg only one, the mayor or selectmen shall appoint a a municipality 

in certain cases. 



218 Acts, 1928. — Chaps. 208, 209. 

temporary auditor, treasurer or accountant, as the case may 
be, to serve until the incapacitated officer returns to his 
duties or his successor is appointed or elected and the tempo- 
rary officer so appointed shall during such time exercise all 
the powers and perform all the duties of the incapacitated 
officer. Approved April 10, 1928. 

Chap. 208 An Act eelative to the disposition of such portion 

OF MONEYS KNOWN AS " OTHER FUNDS " IN THE POSSESSION 
OF THE SECRETARY OF WAR OF THE UNITED STATES AS 
EQUITABLY BELONGS TO THE NATIONAL GUARD. 

Be it enacted, etc., as follows: 

dispose o'f such T^^ governor is hereby authorized to receive, as trustee, 

portion of from the secretary of war of the United States, such portion 

S°"other"°^" of certain moneys, known as ''Other Funds," now in the 

possiio'nof possession of said secretary, as shall be found equitably to 

secretary of beloug to the national guard of this commonwealth, and the 

Tq^uitabiy govcmor is hereby further authorized to distribute said 

national*'' moucys except as otherwise provided by law, for the benefit 

guard. of Said national guard in such manner as his judgment shall 
dictate. • Approved April 10, 1928. 



Chap. 209 An Act authorizing the town of longmeadow to borrow 

MONEY FOR SCHOOL PURPOSES. 

Be it enacted, etc., as follows: 
Town of Section 1. For the purpose of acquiring land for and/or 

ijOng 11163. clow , .. .. .. 

may borrow coustructiug a ucw school buildiug and originally equipping 

ShSof purposes, ^^d fumishiug said building, the town of Longmeadow may 
borrow from time to time, within a period of five years from 
the passage of this act, 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 

ScSloIhT their face the words, Longmeadow School Loan, Act of 1928. 

Act of 1928. ■ Each authorized issue shall constitute a separate loan, and 
such loans shall be paid in not more than fifteen years from 
their dates, but no issue shall be authorized under this act 
unless a sum equal to an amount not less than ten per cent 
of such authorized issue is voted for the same purpose to be 
raised by the tax levy of the year when authorized. In- 
debtedness incurred under this act shall be in excess of the 
statutory limit but shall, except as herein provided, be sub- 
ject to chapter forty-four of the General Laws, exclusive of 
the proviso inserted in section seven of said chapter by 
chapter three hundred and thirty-eight of the acts of nine- 
teen hundred and twenty-three. 

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

Approved April 10, 1928. 



Acts, 1928. — Chaps. 210, 211. 219 



An Act to provide for the lighting of west roxbury (JJiar) 210 

PARKWAY FROM WELD STREET TO WASHINGTON STREET IN 
THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Section 1. The metropolitan district commission is Metropolitan 
hereby authorized to expend a sum not to exceed ten thou- mission ma'y 
sand dollars for the purpose of providing adequate lighting gu^^to** roving" 
equipment for the West Roxbury parkway, from Weld street for lighting a 
to Washington street, in the city of Boston, said sum to be we^ ROTbur°J 
expended as a part of the cost of maintenance of boulevards gog^^^' '° 
under the care and control of said commission. 

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

Approved April 10, 1928, 

An Act relative to the financing of a certain exten- Qhdjj 211 

SION OF THE new MYSTIC VALLEY MAIN SEWER IN THE ^ * 

NORTH METROPOLITAN SEWERAGE DISTRICT. 

Be it enacted, etc., as follows: 

Chapter one hundred and eighty-four of the acts of nine- 1927, i84, § 2, 
teen hundred and twenty-seven is hereby amended by strik- ^^e'^^ed. 
ing out section two and inserting in place thereof the follow- 
ing: — Section 2. To meet the expenditures authorized by issue of notes 
section one, the state treasurer shall, upon the request of tr^^urerto 
the commission, issue and sell at public or private sale tem- ^l^of'^J^^g^l" 
porary notes of the commonwealth. Such temporary notes sionofnew 
shall be issued, and may be renewed, for such maximum mafn'sew^^n 
term of years as the governor may recommend to the general "oi-^tan*^*'^"' 
court in accordance with section three of Article LXII of sewerage 
the amendments to the constitution of the commonwealth, metropoman 
and shall bear interest at such rate as shall be fixed by the district « 

. , , 1 c 1 1 •! commission. 

state treasurer, with the approval 01 the governor and council. 
The total amount of all notes issued hereunder shall not 
exceed the sum of four hundred and fifty thousand dollars. 
The interest and note requirements on account of the moneys 
expended in constructing that part of the north metropolitan 
sewerage system provided for in section one and the cost of 
maintenance and operation thereof shall be deemed to be, 
and shall be paid as, a part of the interest, sinking fund or 
serial bond requirements and costs specified in chapter four 
hundred and thirty-nine of the acts of eighteen hundred and 
eighty-nine and acts in amendment thereof and in addition 
thereto and affecting the same, and shall be apportioned, 
assessed and collected in the manner provided by the pro- 
visions of chapter ninety-two of the General Laws relative 
to the north metropolitan sewerage system. 

Approved April 10, 1928. 



220 



Acts, 1928. — Chap. 212. 



G. L. 50, § 1. 
etc., amended. 



"Political 

committee", 

definition. 



Chap.212 An Act relative to political committees and corrupt 

PRACTICES. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter fifty of the General 
Laws, as amended by section three of chapter one hundred 
and thirty-one of the acts of nineteen hundred and twenty- 
three, is hereby further amended by striking out the para- 
graph contained in Unes fifty to fifty-five, inclusive, as 
printed in the General Laws, and inserting in place thereof 
the following: — "Political committee" shall apply only to 
a committee elected as provided in chapter fifty-two, except 
that in chapter fifty-five it shall also apply, subject to the 
exception contained in section thirty-eight thereof, to every 
other committee or combination of five or more voters of 
the commonwealth who shall aid or promote the success or 
defeat of a political party or principle in a public election or 
shall favor or oppose the adoption or rejection of a question 
submitted to the voters. 

Section 2. Section five of chapter fifty-two of the Gen- 
eral Laws is hereby amended by inserting after the word 
"city" in the first fine the word: — , ward, — and by adding 
at the end thereof the following: — , together with the ad- 
dresses of such officers, — so as to read as follows: — Section 
5. The secretary of each city, ward and town committee 
shall, within ten days after its organization, file with the 
state secretary, with the city or town clerk and with the 
secretary of the state committee of the political party which 
it represents, a list of the officers and members of the com- 
mittee, together with the addresses of such officers. 

Section 3. Section six of said chapter fifty-two is hereby 
amended by striking out, in the second and third lines, the 
words "shall be filled by the committee, and a vacancy" 
and inserting in place thereof the word: — or, — and by 
striking out, in the fourth line, the words ", in the case of a 
city or town committee," — so as to read as follows: — 
Section 6. A vacancy in the office of chairman, secretary 
or treasurer of a city, ward or town committee or in the 
membership of a ward or town committee shall be filled by 
such committee, and a statement of any such change shall be 
filed as in the case of the officers first chosen. 

Section 4. Section seven of said chapter fifty-two, as 
amended by section two of chapter one hundred and fourteen 
of the acts of nineteen hundred and twenty-five, is hereby 
further amended by adding at the end thereof the following 
new paragraph: — 

Upon the redivision of a city into wards the treasurer of 
each ward committee of a ward affected by such redivision 
shall, before the termination of office of the members thereof, 
pay over to the treasurer of the city committee represent- 
ing the same political party such funds of the ward com- 
mittee as he has in his possession after pajdng all bills. In 



G. L. 52. § 5, 
amended. 



List of officers 
and members 
and addresses 
of officers to 
be filed. 



G. L. 52, § 6, 
amended. 



Vacancies. 



G. L. 52, § 7, 
etc., amended. 



Payment to 
treasurer of 
city committee 
of funds of 
ward com- 
mittees affected 
by redivision 
of city into 
wards. 



Acts, 1928. — Chap. 212. 221 

the statements required under section seventeen of chapter 
fifty-five, the treasurer of the ward committee making such 
payment shall report it as a disbursement and the treasurer 
of the city committee receiving it shall report it as a receipt. 

Section 5. Chapter fifty-five of the General Laws is g. l. 55. § 4, 
hereby amended by striking out section four and inserting in ''*'"<'""^*«'^- 
place thereof the following: — Section 4- Every non-elected ^ouuc'aTcom- 
political committee shall have a treasurer, and a chairman mittees, organi- 
who shall, not later than the day preceding the election in Regulated?' 
connection with which said committee is organized to function, to^befifed^ 
file with the state secretary, or, when organized for the pur- with state 
poses of a municipal election only, with the city or town clerk, ^^'^^ ^'^^' 
the names and addresses of such treasurer and chairman and 
of at least three additional members thereof and a statement 
of the purpose for which organized; and, in the event of a 
change in such officers or as to such additional members, a 
statement of such change shall forthwith be filed as in the 
case of the officers first chosen. The treasurer of every non- Qualification 
elected and of every elected political committee shall qualify of noTeiected 
for his office by filing a written acceptance thereof with the pouttiS*^^*^ 
state secretary, or, in the case of a municipal election as committees. 
aforesaid, with the city or town clerk, and said treasurer 
shall remain subject to all the duties and liabilities imposed 
by this chapter until his written resignation of the office or 
his successor's written acceptance is filed as aforesaid. No Receipts and 
person acting under the authority or in behalf of any political prohibited^" ^ 
committee shall receive any money or other thing of value, h^a quXfied!"^ 
or expend or disburse the same or incur expenses, while it etc. 
has no treasurer qualified as aforesaid, or while the name or 
address of any of its officers, as originally or subsequently 
chosen, or of any such additional member is not filed if and 
as required by this section or chapter fifty-two, as the case 
may be. Every treasurer of a political committee shall keep 
and preserve detailed accounts, vouchers and receipts, as 
prescribed for an individual candidate. 

Section 6. Said chapter fifty-five is hereby further g. l. 55, § 6, 
amended by striking out section six and inserting in place '^"®° 
thereof the following: — Section 6. No person or combi- Receipts or 

,• J. in- ±- -ii -J- disbursements 

nation 01 persons shall in connection with any nomination by certain 
or election receive money or its equivalent, expend or dis- prohibited. 
burse or promise to expend or disburse the same, except as 
authorized by this chapter. A political committee or a Receipts and 

,• 1 ii ii •/ 1 1 ir r 1 disbursements 

person acting under the authority or on behali 01 such by political 
a committee may receive money or its equivalent, or committees. 
expend or disburse or promise to expend or disburse the 
same for the purpose of aiding or promoting the success or 
defeat of a political party or principle in a public election 
or favoring or opposing the adoption or rejection of a ques- 
tion submitted to the voters, and for other purposes expressly 
authorized by this chapter subject, however, to the provisions 
thereof. Any individual, not a candidate, may contribute Contributiona 
to political committees or to candidates a sum which in the notVndidates, 
aggregate of all contributions by him shall not exceed one •''°'''®'^- 



222 



Acts, 1928. — Chap. 212. 



Certain 
services not 
protiibited. 



G. L. 00, § 16, 
amended. 



Candidates to 
file statements. 



G. L. 55, § 22, 
anmended. 

Statements to 
be inspected, 
and delinquent 
persons to be 
notified. 



Complaint, 
form, filing. 



thousand dollars in any election and primary preliminary 
thereto. This section shall not prohibit the rendering of 
services by speakers, publishers, editors, writers, checkers and 
watchers at the polls or by other persons for which no com- 
pensation is asked, given or promised, expressly or by im- 
plication; nor shall it prohibit the payment by themselves 
of such personal expenses as maj'- be incidental to the render- 
ing of such services; nor shall it prohibit the free use of 
property belonging to an individual and the exercise of 
ordinary hospitahty for which no compensation is asked, given 
or promised, expressly or by implication. 

Section 7. Said chapter fifty-five is hereby further 
amended by striking out section sixteen and inserting in 
place thereof the following: — Section 16. Every candidate 
for nomination to a public office shall, within seven days 
after the last day for filing nominations for that office, and 
every candidate for election to a public office shall within 
fourteen days after the election held to fill the office, file a 
statement setting forth each sum of money and thing of 
value paid or promised to him or to a person on his behalf, 
and each sum of money and thing of value expended, con- 
tributed or promised by him or by a person on his behalf, 
for the purpose of securing or in any way affecting his 
nomination or election to the office, and the name of the 
person or political committee to or by whom the payment, 
contribution or promise was made and the date thereof, or, 
if nothing has been paid or promised to him or to a person 
on his behalf or contributed, expended or promised by him 
or by a person on his behalf, a statement to that effect. 

Section 8. Said chapter fifty-five is hereby further 
amended by striking out section twenty-two and inserting 
in place thereof the following: — Section 22. The state 
secretary shall inspect all statements of candidates filed with 
him, and the clerks of cities or towns shall inspect all such 
statements relating to nominations and to city or town elec- 
tion's filed with them, within thirty days, and all other 
statements within sixty days, after the election to which 
they relate, and if upon examination of the official ballot it 
appears that any person has failed to file a statement as 
required by law, or if it appears to the state secretary that 
any such statement filed with him does not conform to law, 
or if it appears to a city or town clerk that such statement 
relating to a city or town nomination or election does not 
conform to law, or upon written complaint by five registered 
voters that a statement does not conform to law, or that any 
person has failed to file a statement required by law, the 
state secretary or city or town clerk shall in writing notify 
the delinquent person. Such complaint shall state in detail 
the grounds of objection, shall be sworn to by one of the 
subscribers, and shall be filed with the state secretary or 
with the proper city or town clerk within forty days after the 
election in question, or within ten days after the filing of a 
statement or amended statement. 



Acts, 1928. — Chap. 212. 223 

Section 9. Section twenty-three of said chapter fifty- g. l. 55, §23, 
five is hereby amended b}'^ striking out, in the third hne, the ^"'^'"^'' 
words "as above " and inserting in place thereof the words: ^ 
after receiving such notice, — so as to read as follows: — 
Section 23. Upon failure to file a statement within ten days Attorney 
after receiving notice under the preceding section, or if any le notified of 
statement filed after receiving such notice discloses any failure to eie 
violation of any provision of this chapter, the state secretary 
or the city or town clerk, as the case ma.y be, shall notify the 
attorne}^ general thereof and shall furnish him with copies of 
all papers relating thereto, and the attorney general, within 
two months thereafter, shall examine every such case, and 
if satisfied that there is cause, he shall in the name of the 
commonwealth institute appropriate civil proceedings or refer 
the case to the proper district attorney for such action as 
may be appropriate in the criminal courts. 

Section 10. Section thirty-eight of said chapter fifty- g. l. 55, § 38, 
five is hereby amended by inserting after the word "and" *'"®"'^«'*- 
the second time it occurs in the fourth line the words : — , so 
far as applicable, — so as to read as follows: — Section 38. ^^^^^f^ 
Sections one to thirty-seven, inclusive, shall apply to all apply to 
public elections, except of town officers in towns of less than prTmaHes, etc. 
ten thousand inhabitants, and to elections by the general 
court and by city councils, and by either branch thereof, and, 
so far as applicable, to the nomination by primaries, caucuses, 
conventions and nomination papers of candidates to be voted 
for at such elections. The term "political committee" as Term " political 
defined in section one of chapter fifty shall not apply to the noTtoappiy 
proprietors and publishers of publications issued at regular j.agea'^^^'^ 
intervals, in respect to the ordinary conduct of their business, 
nor shall they, in respect thereto, be subject to sections two 
to five, inclusive, of this chapter. 

Section 11. Section fifty-seven of chapter fifty-six of the Repeal. 
General Laws is hereby repealed. 

Section 12. Section sixty-six of said chapter fifty-six is g. l. 56. § 66, 
hereb}^ amended by striking out, in the first and second lines, ^"^^^ ^ 
the words "law relating to corrupt practices in elections" and 
inserting in -place thereof the words: — chapter fifty-five, — 
so as to read as follows: — Section 66. Violation of any pro- Penalty for 
vision of chapter fifty-five, the punishment for which is not g°k'55*°^ 
specifically provided, shall be punished by imprisonment for 
not more than one year or by a fine of not more than one 
thousand dollars. 

Section 13. Section sixty-six of said chapter fifty-six Penalty for 
shall be construed to provide a penalty for the violation of g°l*'m, § 4. 
any provision of section four of chapter fifty-five of the 
General Laws. Approved April 10, 1928. 



224 



Acts, 1928. — Chap. 213. 



G. L. 90, § 24, 
etc., amended. 



Penalty for 
operating motor 
vehicle.? 
recklessly or 
while under 
influence of 
intoxicating 
liquor, etc. 



Chap. 213 An Act relative to the penalty against operators 

OF MOTOR vehicles FOR LEAVING THE PLACE OF AN AC- 
CIDENT AFTER KNOWINGLY CAUSING PERSONAL INJURY 
WITHOUT COMPLYING WITH THE LAW. 

Be it enacted, etc., as folloios: 

Section 1. Section twenty-four of chapter ninety of the 
General Laws, as most recently amended by chapter two 
hundred and fifty-three of the acts of nineteen hundred and 
twenty-six, is hereby further amended by striking out, in the 
forty-eighth line, the words "one month" and inserting in 
place thereof the words: — two months, — so as to read as 
follows: ^ — Section 2J^. Whoever upon any way operates a 
motor vehicle recklessly, or while under the influence of 
intoxicating liquor, or so that the lives or safety of the public 
might be endangered, or upon a bet or wager or in a race, or 
whoever operates a motor vehicle for the purpose of making 
a record and thereby violates any provision of section seven- 
teen or any regulation under section eighteen, or whoever 
without stopping and making known his name, residence and 
the number of his motor vehicle goes away after knowingly 
colliding with or otherwise causing injury to any other 
vehicle or property, or whoever uses a motor vehicle without 
authority knowing that such use is unauthorized, or whoever 
loans or knowingly permits his license to operate motor 
vehicles to be used by another person, or whoever makes false 
statements in an application for such a license or falsely 
impersonates the person named in such an application, or 
procures such false impersonation, whether of himself or of 
another, shall be punished by a fine of not less than twenty 
nor more than two hundred dollars or by imprisonment for 
not less than two weeks nor more than two years, or both; 
except that for an offence of operating a motor vehicle while 
under the influence of intoxicating liquor committed within 
a period of six years immediately following his final con- 
viction of a like offence by a court or magistrate of the 
commonwealth, a person shall be punished by iiTlprisonment 
for not less than one month nor more than two years. Before 
a magistrate or other officer authorized to receive complaints 
in criminal cases reduces a complaint to writing, or before a 
prosecuting officer presents evidence to the grand jury, charg- 
ing a person with having operated a motor vehicle while 
under the influence of intoxicating liquor, he shall communi- 
cate with the office of the registrar, and shall inquire as to 
whether there is in said office any record or other information 
tending to show that such person has been finally convicted 
of a like offence by a court or magistrate of the common- 
wealth within a period of six years immediately preceding 
the commission of the offence with which he is charged, and 
if it shall appear to such magistrate or other officer, or to 
the grand jury, as the case may be, that such person has so 



For unauthor- 
ized use of 
motor vehicles. 



For fraud in 
connection 
with licenses. 



For second or 
subsequent 
offences of 
operating motor 
vehicles while 
under influence 
of intoxicating 
liquor. 

Investigation, 
etc., as to 
previous con- 
viction of like 
offence, etc., 
when person 
charged with 
having operated 
motor vehicle 
while under 
influence of 
intoxicating 
liquor. 



Acts, 1928. — Chap. 213. 225 

been convicted, the complaint or indictment shall contain 
an averment to that effect which shall specify such court or 
magistrate and the date of such conviction. Any person who Penalty for 
operates a motor vehicle upon any way and who, without ete.Aiftor'"^' 
stopping and making known his name, residence and the collision, etc. 
number of his motor vehicle, goes away after knowingly col- 
liding with or otherwise causing injury to any person, shall 
be punished by imprisonment for not less than two months 
nor more than two years. A conviction of a violation of if®'[°*''^*'"^n°^ 
this section shall be reported forthwith by the court or conviction, 
magistrate to the registrar, who may in any event and shall, ^^°' 
unless the court or magistrate recommends otherwise, re- 
voke immediately the license of the person so convicted, and 
no appeal from the judgment shall operate to stay the rev- 
ocation of the license. If it appears by the records of the 
registrar that the person so convicted is the owner of a motor 
vehicle or has exclusive control of any motor vehicle as a 
manufacturer or dealer, the registrar may revoke the cer- 
tificate of registration of any or all motor vehicles so owned 
or exclusively controlled. The registrar in his discretion issuance of 

T , •,, 1 • ,1 new license, 

may issue a new license to any person acquitted m the ap- when. 
pellate court, or after an investigation or upon hearing may 
issue a new license to a person convicted in any court; pro- Proviso. 
vided, that no new license shall be issued by the registrar to 
any person convicted of operating a motor vehicle while 
under the influence of intoxicating liquor until one year after 
the date of final conviction, if for a first offence, or five years 
after any subsequent conviction, and to any person con- 
victed of violating any other provision of this section until 
sixty days after the date of final conviction, if for a first 
offence, or one year after the date of any subsequent con- 
viction. The prosecution of any person for operating a motor Prosecutions 
vehicle while under the influence of intoxicating liquor, if moto^'vehSfe 
the offence is committed within a period of six years im- y^^iie under 

mniiGncG oi 

mediately following his final conviction of a like offence by intoxicating 
a court or magistrate of the commonwealth, shall not in iewnd or sub- 
any event be placed on file or otherwise disposed of except It^'^^b osrt"on 
by trial, judgment and sentence according to the regular etc!' 
course of criminal proceedings, nor shall the execution of the 
sentence for such later offence be suspended under section 
one of chapter two hundred and seventy-nine. The prosecu- Prosecutions for 
tion for the violation of any other provision of this section, Tf^s^ond or sTb- 
if a second or subsequent offence, shall not, unless the in- disposition'^"''^' 
terests of justice require such disposition, be placed on file etc 
or otherwise disposed of except by trial, judgment and sen- 
tence according to the regular course of criminal proceedings; 
and such a prosecution shall be otherwise disposed of only 
on motion in writing, stating specifically the reasons therefor, 
and verified by affidavit if facts are relied on. If the court 
or magistrate certifies in writing that he is satisfied that the 
reasons relied upon are sufficient and that the interests of 
justice require the allowance of the motion, the motion shall 



226 



Acts, 1928. — Chaps. 214, 215. 



When 
operative. 



be allowed, and the certificate shall be filed in the case. A 
copy of the motion and certificate shall be sent by the court 
or magistrate forthwith to the registrar. 

Section 2. This act shall not be operative until Sep- 
tember first of the current year. Approved April 10, 1928. 



G. L. 101, § 30, 
etc., amended. 



Revocation of 
licenses of 
hawkers and 
pedlers. 



C/^aT). 214 ^^ -^^"^ MAKING ABUSE OF THE UNIFORM OF THE MILITARY, 
NAVAL OR OTHER FORCES OF THE UNITED STATES GROUND 
FOR THE REVOCATION OF THE LICENSE OF A HAWKER OR 
PEDLER. 

Be it enacted, etc., as follows: 

Chapter one hundred and one of the General Laws, as 
amended in section thirty by chapter one hundred and fifty- 
four of the acts of nineteen hundred and twenty-three, is 
hereby further amended bj^ striking out said section thirty 
and inserting in place thereof the following: — Section 30. 
Any license granted by the director to a hawker or pedler 
may be revoked by him upon conviction of the licensee of 
any crime which in the judgment of the director warrants 
such revocation, or upon the submission to the director of 
evidence satisfactory to him that, during the term of the 
license, the licensee has accepted or solicited money other- 
wise than through the bona fide sale or barter of goods, 
wares or merchandise or has violated any provision of 
section ten A of chapter two hundred and sixty-four, or has 
in any manner begged or solicited alms from the public. 
Whenever any person is convicted of a violation of anj'' pro- 
vision of this chapter, relative to hawkers and pedlers, or a 
person holding such a license is convicted of any crime, the 
clerk of the court in which, or the trial justice by whom, such 
person was convicted shall notify the director. 

Approved April 10, 1928. 



Notice of 
certain 

convictions to 
director of 
standards. 



Chap. 215 An Act extending the open season for deer. 
Be it enacted, etc., as follows: 



G. L. 131, § 63, 
etc., amended. 



Open season 
for deer. 



Restrictions, 
etc. 



Section sixty-three of chapter one hundred and thirty- 
one of the General Laws, as amended by section three of 
chapter three hundred and twenty of the acts of nineteen 
hundred and twenty-five and by section two of chapter 
sixty-six of the acts of nineteen hundred and twent3'-six, is 
hereby further amended by inserting after the word "the" 
in the fourth line the word: — second, — so as to read as 
follows: — Section 63. Any person duly authorized to hunt 
in the commonwealth may, between sunrise of the first 
Monday of December and sunset of the second following 
Saturday, hunt, pursue, take or kill by the use of a shot- 
gun, a wild deer, subject to the following restrictions and 
provisions: No person shall, except as provided in the pre- 
ceding section, kill or have in possession more than one deer. 
No deer shall be hunted, taken or killed on land posted in 
accordance with section seventy-nine, or on land under 



Acts, 1928. — Chaps. 216, 217. 227 

control of the metropolitan district commission, or in viola- 
tion of any city ordinance or town by-law, or in any state 
reservation subject to section sixty-eight except as pro- 
vided therein. No person shall make, set or use any trap, 
salt lick or other device for the purpose of ensnaring, en- 
ticing, taking, injuring or killing a deer. Whoever wounds Reports as to 
or kills a deer shall lyake a written report, signed by him, and toundel^etc. 
send it within twenty-four hours of such wounding or killing, ^ 

to the director, stating the facts relative to the wounding or 
killing. Violations of this section shall be punished by a fine Penalty. 
of not more than one hundred dollars. 

Approved April 10, 1928. 

An Act relative to the granting of administration (Jjiq^t) 216 
of the estates of persons deceased intestate to 
guardians or conservators of next of kin. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter one hundred and ^l^j^jj^g^^j' ^ *• 
ninety-three of the General Laws is hereby amended by 
inserting after the word "kin" in the seventh line the words: 
— or their guardians or conservators, — so as to read as 
follows : — Section 1 . Administration of the estate of a per- Administration 
son deceased intestate shall be granted to one or more of the perlons''^"^ 
persons hereinafter mentioned and in the order named, if deceased 
competent and suitable for the discharge of the trust and whoL"* ^' 
willing to undertake it, unless the court deems it proper to granted. 
appoint some other person: 

First, The widow or surviving husband of the deceased. 

Second, The next of kin or their guardians or conservators 
as the court shall determine. 

Third, If none of the above are competent or if they all 
renounce the administration or without sufficient cause 
neglect for thirty days after the death of the intestate to take 
administration of his estate, one or more of the principal 
creditors, after public notice upon the petition. 

Fourth, If there is no widow, husband or next of kin within 
the commonwealth, a public administrator. 

Section 2. This act shall take effect on the first day of Effective date. 
September in the current year. Approved April 10, 1928. 

An Act relative to an income tax on sales of certain QJiqj) 217 
intangibles and other property. " 

Be it enacted, etc., as follows: 

Section 1. Subsection (c) of section five of chapter sixty- g. l. 62, § s. 
two of the General Laws, as amended by section one of etc^^^m'^nded. 
chapter three hundred and seventy-six of the acts of nine- 
teen hundred and twenty-one and by section one of chapter 
four hundred and forty-nine of the acts of nineteen hundred 
and twenty-two, is hereby further amended by inserting 
after the word "annum" in the sixth line the following new 
sentence: — When shares of new stock of the company 



228 



Acts, 1928. — Chap. 217. 



Tax on excess of 
tains, etc., 
from pur- 
chases, etc. 
intangible 
personal 
property, 
etc. 



of 



In case of 
exchange of 
shares upon 
reorganization 
of corporations 
etc. 



G. L. 62, § 7, 
amended. 



Methods of 
determining 
taxable income. 



Basis of 
deternunation 
of gains or losses 
realizetl from 
sale of capital 
assets, etc. 



issuing the same received as a stock dividend or shares of 
stock which were the basis of such stock dividend are sold, 
the basis of determination of the gain or loss shall be the cost, 
or value when acquired otherwise than by purchase, of the 
stock which was the basis of such stock dividend, apportioned 
over the old and new shares of such company held after the 
receipt of such stock dividend, — so as k) read as follows: — 

(c) The excess of the gains over the losses received by 
the taxpayer from purchases or sales of intangible personal 
property, whether or not said taxpayer is engaged in the 
business of dealing in such property, shall be taxed at the 
rate of three per cent per annum. When shares of new stock 
of the company issuing the same received as a stock dividend 
or shares of stock which were the basis of such stock dividend 
are sold, the basis of determination of the gain or loss shall 
be the cost, or value when acquired otherwise than by pur- 
chase, of the stock which was the basis of such stock dividend, 
apportioned over the old and new shares of such company 
held after the receipt of such stock dividend. Any trustee 
or other fiduciary may charge any taxes paid under this 
paragraph against principal in any accounting which he 
makes as such trustee. If, in any exchange of shares upon 
the reorganization of one or more corporations or of one or 
more partnerships, associations or trusts, the beneficial in- 
terest in which is represented by transferable shares, the new 
shares received in exchange for the shares surrendered rep- 
resent the same interest in the same assets, no gain or loss 
shall be deemed to accrue from the transaction until a sale 
or further exchange of such new shares is made. 

Section 2. Section seven of said chapter sixty-two is 
hereby amended by striking out in the last line the words 
"thereafter, the value on the date when it is acquired" and 
inserting in place thereof the following: — by purchase 
thereafter, the cost thereof. If the property other than stock 
dividends in new stock of the company issuing the same was 
acquired otherwise than by purchase, the basis of determina- 
tion of the gain or loss shall be the value on the date when 
it was so acquired, — so as to read as follows: — Section 7. 
Persons who customarily estimate their income and expendi- 
ture on a basis other than their actual cash receipts and dis- 
bursements may, with the approval of the commissioner, 
compute upon a similar basis their income taxable under this 
chapter. Persons who customarily estimate their income and 
expenditure on the basis of an established fiscal year instead 
of the calendar year, may, with the approval of the com- 
mivssioner and subject to such rules and regulations as he may 
establish, return their income taxable under this chapter on 
the basis of such fiscal year. 

In determining gains or losses realized from sale of capital 
assets, the basis of determination, in case of property owned 
on January first, nineteen hundred and sixteen, shall be the 
value on that date, and in case of property acquired by pur- 
chase thereafter, the cost thereof. If the property other 



Acts, 1928. — Chaps. 218, 219. 229 

than stock dividends in new stock of the company issuing 
the same was acquired otherwise than by purchase, the basis 
of determination of the gain or loss shall be the value on the 
date when it was so acquired. 

Section 3. This act shall apply to income received dur- when to apply. 
ing the calendar year nineteen hundred and twenty-eight 
and thereafter. Approved April 10, 1928. 

An Act providing for the establishment of reserve Chap. 21S 

FORCES in the FIRE DEPARTMENTS OF CITIES. 

Be it enacted, etc., as follows: 

Chapter forty-eight of the General Laws is hereby amended ^t^ons^kfte^ 
bj'' inserting after section fifty-nine A, as inserted by section § 59A. 
one of chapter two hundred and fifty of the acts of nineteen 
hundred and twenty-five and as amended by chapter one 
hundred and ninety-nine of the acts of nineteen hundred 
and twenty-seven, under the heading, RESERVE FIRE 
FORCES IN CITIES, the three following new sections: — 
Section SOB. Any city, except Boston, in which the city Establishment 
council, with the approval of the mayor, accepts this and forces^^n lire 
the two following sections, may establish a reserve force of ^^f^J'*''"®"*'^ °^ 
firemen in its fire department; and appointments thereto Appointments 
and removals therefrom shall, subject to chapter thirty-one, and removals. 
be made in the same manner as appointments to the regular 
or permanent force of the fire department of said city. 
Section 59C. The number of members of such reserve force Number of 
shall not exceed five in cities in which the number of members '"^^'^ers. 
of the regular force does not exceed fifteen. If the number of 
members of the regular force exceeds fifteen, one member 
may be added to the reserve force for every three of the 
regular force above fifteen and not above thirty; one for 
eveiy five of the regular force above thirty and not above 
eighty; and one for everj'^ ten of the regular force above 
eighty. Section 59D. The mayor, chief of the fire depart- Assignment 
ment or the officer or board having charge of the said de- n°ecessary. ^" 
partment in a city wherein such reserve force is established 
may assign the members thereof to duty in the said depart- 
ment whenever and for such length of time as he or it may 
deem necessary. The compensation of the members of Compensation, 
said reserve force shall be fixed by the city council. Except 
as provided in this and the two preceding sections, no pro- 
vision of law applicable to the regular or permanent fire 
force of the fire department of a city shall apply to such 
reserve force or the members thereof except when assigned 
to duty as aforesaid. Approved April 10, 1928. 

An Act providing for biennial municipal elections Chav.219 

IN THE city of LOWELL. 

Be it enacted, etc., as follows: 

Section 1. Beginning with the year nineteen hundred •^arri^\ioM"'' 
and twenty-nine, municipal elections in the city of Lowell incityofLow- 

-^ > I ''ell for choice of 

certain officers. 



230 



Acts, 1928. — Chap. 219. 



Inauguration 
meeting. 



Oath. 



Terms of mayor 
and councillors. 



Terms of mayor 
and council- 
lors-at-large, 
elected in 1928. 



School commit- 
tee, election in 
1926, term of 
office. 



School commit- 
tee, election in 
1927 and 1928, 
terms of oflSce. 



School commit- 
tee, election in 
1929, term of 
office. 



School commit- 
tee, election in 
1931, term of 
office, etc. 



Vacancies. 



Submission to 
voters, etc. 



for the choice of mayor, members of the city council and 
members of the school committee shall be held biennially 
on the Tuesday next following the first Monday in November 
in each odd-numbered year. 

Section 2. On the first Monday in January following a 
biennial municipal election, or on the day following when 
said first Monday is a holiday, at ten o'clock in the forenoon, 
the mayor-elect and the councillors-elect shall meet and be 
sworn to the faithful discharge of their duties. The oath 
shall be administered as provided in section seventeen of 
chapter forty-three of the General Laws. Except as here- 
inafter provided, the terms of the mayor and all councillors 
shall be two years, commencing on the first Monday in 
January following their election and continuing until their 
successors are qualified. 

Section 3. The mayor and councillors-at-large to be 
elected in said city at the annual municipal election in De- 
cember, nineteen hundred and twenty-eight, shall serve 
only until the qualification of their successors who shall be 
elected at the biennial municipal election in November in 
the year nineteen hundred and twenty-nine. 

Section 4. The members of the school committee 
elected in said city at the annual municipal election in nine- 
teen hundred and twenty-six shall continue to hold office until 
the qualification of their successors, who shall be elected at 
the biennial municipal election in nineteen hundred and 
twenty-nine, and the members of said committee elected in 
nineteen hundred and twenty-seven and nineteen hundred 
and twenty-eight shall continue to hold office until the 
quahfication of their successors who shall be elected at the 
biennial municipal election in the year nineteen hundred 
and thirty-one. At the biennial municipal election in the 
year nineteen hundred and twenty-nine, there shall be 
elected two members of the school committee, to serve for 
four years from the first Monday in January following their 
election and until their successors are qualified. At the 
biennial municipal election in the year nineteen hundred and 
thirty-one, there shall be elected four members of the school 
committee, one to serve for two years and three to serve for 
four years from the first Monday in January following their 
election and until their successors are qualified; and there- 
after at every biennial municipal election three members of 
the school committee shall be elected to serve for four years 
from the first Monday in January following their election and 
until their successors are qualified. Vacancies in the school 
committee shall be filled as provided in section thirty-six 
of chapter forty-three of the General Laws, as amended by 
section six of chapter two hundred and thirty-seven of the 
acts of nineteen hundred and twenty-two. 

Section 5. This act shall be submitted to the voters of 
the city of Lowell at the biennial state election in the current 
year in the form of the following question, which shall be 
printed on the official ballot to be used in said city at said 



Acts, 1928. — Chaps. 220, 221. 231 

election: — "Shall an act passed by the general court in the 
current year, entitled 'An Act providing for biennial mu- 
nicipal elections in the city of Lowell', be accepted?" If a 
majority of the voters voting thereon vote in the affirmative 
in answer to said question, this act shall thereupon take 
effect, otherwise it shall have no effect and the mayor and 
councillors-at-large to be elected in nineteen hundred and 
twenty-eight shall respectively hold office for the terms now 
provided by law. Approved April 10, 1928. 



Chap.220 



An Act relative to the effect of possession of the 
raw fur of certain quadrupeds killed by poison. 

Be it enacted, etc., as follows: 

Section fifty-eight of chapter one hundred and thirty-one g. l. 13i. § 58, 
of the General Laws, as amended by section three of chapter ^^'^ ■ a^nended. 
ninety-nine of the acts of nineteen hundred and twenty-three 
and by chapter three hundred and thirt^'^-four of the acts of 
nineteen hundred and twenty-five, is hereby further amended 
by adding at the end thereof the following: — Possession of 
the raw fur of any quadruped killed by poison, except rats, 
woodchucks or other pests of like nature, shall be prima facie 
evidence that the person having such possession has violated 
this section, — so as to read as follows: — Section 58. Who- placing of poi- 
ever places poison in any form whatsoever for the purpose of of quadruSs 
killing any quadruped shall be punished by a fine of not less prohibited. 
than one hundred nor more than five hundred dollars, or 
by imprisonment for not less than three months nor more 
than one year, or both; provided, that this section shall not Proviso. 
prohibit any person from placing in his orchard or in or near 
his house, barn or other buildings poison for the purpose of 
destroying rats, woodchucks or other pests of like nature, 
or from placing with like intent under the surface of his lands 
carbon disulphide in any of its forms or any other poison 
applied in a manner similar to that in which carbon disul- 
phide is applied. Possession of the raw fur of any quad- fa°^^f^r'°"°er- 
ruped killed by poison, except rats, woodchucks or other tainquadm- 
pests of like nature, shall be prima facie evidence that the pofaon'tobe''^ 
person having such possession has violated this section. evldence'^of 

Approved April 10, 1928. violation. 



An Act authorizing the department of public works Chai). 221 
TO dredge menemsha basin in the town of chilmark. 

Be it enacted, etc., as follows: 

Section 1. The department of public works is hereby Department of 
authorized and directed to dredge and enlarge Menemsha ^ dredge mI- 
basin in the town of Chilmark in such location and to such [Jfuf^nof^'" 
depth as it may deem necessary. Chilmark. 

Section 2. For the purpose aforesaid, the department Expenditure 
may expend a sum not exceeding twenty thousand dollars 



232 



Acts, 1928. — Chap. 222. 



Proviso. 



from the appropriation n:iade by item number six hundred 
and fifty-one of the general appropriation act of the current 
year subject in this instance, however, to the condition that 
at least ten per cent of said amount is covered by contribu- 
tions from municipalities or other organizations and indi- 
viduals; provided, that no part of said sum shall be available 
or expended until the town of Chilmark has assumed liability 
for damages that may be incurred hereunder in the manner 
provided by section twenty-nine of chapter ninety-one of the 
General Laws. Approved April 10, 1928. 



G. L. 161, § 108, 
amended. 



Special rates 
of fare for 
school pupils. 



Chap. 222 ^^ ^^t authorizing the department of public utilities 
TO impose terms and regulations relative to the 
sale and use of tickets for the transportation of 
certain pupils by street and elevated railway 
companies. 

Be it enacted, etc., as follows: 

Section one hundred and eight of chapter one hundred 
and sixty-one of the General Laws is hereby amended by 
inserting after the word "each" in the twelfth line the 
following: — Upon application of any company alleging 
abuses in the use of such tickets, the department may impose 
terms and regulations, not inconsistent herewith, relative to 
the sale and use of such tickets, and the furnishing of tickets 
by such company in accordance with the terms and regula- 
tions imposed shall be a compliance with the provisions 
of this section, — so as to read as follows: — Section 108. 
The rates of fare charged by street or elevated railway com- 
panies for the transportation of pupils of the public day 
schools or public evening schools, of vocational schools 
subject to chapter seventy-four, or of private schools, be- 
tween a given point from or to which it is necessary for them 
to ride in traveling to or from the schoolhouses in which 
they attend school and their homes, whether such school- 
houses are located in the city or town where the pupils reside 
or in another city or town, shall not exceed one half the 
regular fare charged by such street or elevated railway com- 
pany for the transportation of other passengers between said 
points, and tickets for the transportation of pupils as afore- 
said, good during the days or evenings on which said schools 
are in session, shall be sold by said companies in lots of ten 
each. Upon application of any company alleging abuses in 
the use of such tickets, the department may impose terms and 
regulations, not inconsistent herev/ith, relative to the sale 
and use of such tickets, and the furnishing of tickets by such 
company in accordance with the terms and regulations im- 
posed shall be a compliance with the provisions of this section. 
A railway company violating any provision of this section 
shall forfeit twenty-five dollars. Approved April 10, 1928. 



Department of 
public utilities 
may impose 
terms, etc., 
relative to sale 
of tickets. 



Forfeiture for 
violation. 



Acts, 1928. — Chaps. 223, 224. 233 



An Act providing for the appointment of a second Qhav 223 

ASSISTANT REGISTER OF PROBATE FOR THE COUNTY OF ^' 

HAMPDEN. 

Be it enacted, etc., as follows: 

Section 1. Section twenty-four of chapter two hundred ^{^■^^^•l^^' 
and seventeen of the General Laws, as amended by section 
two of chapter one hundred and sixty-four of the acts of 
nineteen hundred and twenty-three, is hereby further 
amended by inserting after the word "Essex" in the second 
hne the word: — , Hampden, — so as to read as follows: — 
Section 24. The judges of probate for the counties of Essex, second assist- 
Hampden, Middlesex, Suffolk and Worcester may appoint probate^*®""^ °^ 
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 2. This act shall not take effect until an ap- Time of taking 
propriation has been made sufficient to cover the same, and 
then as of June first in the current year. 

Approved April 10, 1928. 



effect. 



Chap. 224: 



An Act relative to the transfer by certain cities 

AND towns of UNEXPENDED BALANCES OF PROCEEDS OF 
LOANS. 

Be it enacted, etc., as follows: 

Section twenty of chapter forty-four of the General Laws g. l. u, § 20, 
is hereby amended by inserting after the word "purposes" ^™^°^®'^- 
in the fourth line the words: — or such unexpended amounts 
may, after the expiration of two years from the completion of 
the project for which the loan was authorized, be transferred 
to any other account established for purposes for v/hich a 
loan may be authorized for an equal or longer period of 
time, — so as to read as follows: — Section 20. The pro- Proceeds of sale 
ceeds of any sale of bonds or notes, except premiums, shall be uL'd onfy for^ 
used only for the purposes specified in the authorization of ^''eafieti 
the loan; provided, that transfers of unexpended amounts Proviso, 
may be made to other accounts to be used for similar pur- 
poses or such unexpended amounts may, after the expiration 
of two years from the completion of the project for which the 
loan was authorized, be transferred to any other account 
established for purposes for which a loan may be authorized 
for an equal or longer period of time. Any premium re- Premiums. 
ceived upon such bonds, less the cost of preparing, issuing 
and marketing them, shall be apphed to the payment of the 
principal of the first bonds or notes so to mature, and the 
contributions from other sources for the payment of said 
bonds or notes shall be reduced correspondingly. 

Approved April 10, 1928. 



234 



Acts, 1928. — Chap. 225. 



G.L. 175. §48A, 
etc., amended. 



Mutual insur- 
ance companies, 
kinds of 
business. 

G. L. 175, § 54, 
clause (a), etc., 
amended. 



Chap. 225 An Act relative to the classes of business which 

CERTAIN MUTUAL INSURANCE COMPANIES MAY TRANSACT. 

Be it enacted, etc., as foUoivs: 

Section 1. Section forty-eight A of chapter one hun- 
dred and seventy-five of the General Laws, as inserted by 
section six of chapter four hundred and six of the acts of 
nineteen hundred and twenty-four, and as amended by section 
four of chapter two hundred and sixty-seven of the acts of 
nineteen hundred and twenty-five and by section seven of 
chapter two hundred and eighty-four of the acts of nineteen 
hundred and twenty-seven, is hereby further amended by 
striking out clause (6) and inserting in place thereof the 
following: — (6) to transact the business set forth in the first 
and third, the first and eighth, the third and eighth, or in the 
first, third and eighth clauses. 

Section 2. Section fifty-four of said chapter one hundred 
and seventy-five, as amended by chapter one hundred and 
fifty-three of the acts of nineteen hundred and twenty-three, 
by section two of chapter two hundred and ninety-eight and 
section six of chapter four hundred and fifty, both of the 
acts of nineteen hundred and twenty-four, by section five of 
said chapter two hundred and sixty-seven, by section eight 
of said chapter two hundred and eighty-four and by section 
three of chapter one hundred and six of the acts of the cur- 
rent year, is hereby further amended by striking out clause- 
(a) and inserting in place thereof the following: — (a) The 
first, if authorized to transact fire insurance; the first and 
third, the third and eighth, or the first, third and eighth, if 
authorized to transact any one of said clauses. 

Section 3. Section one hundred and fifty-one of said 
chapter one hundred and seventy-five, as amended by section 
twelve of said chapter two hundred and sixty-seven, by sec- 
tion one of chapter forty-four of the acts of nineteen hun- 
dred and twenty-six and by section fourteen of said chapter 
two hundred and eighty-four, is hereby further amended 
by striking out subdivision (3) (e) of clause Second and 
inserting in place thereof the two following subdivisions: — 
(e), if it proposes to transact business under the first and 
third, the third and eighth, or the first, third and eighth 
clauses of said section forty-seven, net cash assets computed 
on the basis fixed by sections ten to twelve, inclusive, of not 
less than three hundred thousand dollars, or net cash assets, 
so computed, of not less than one hundred and fifty thousand 
dollars and contingent assets of not less than three hundred 
thousand dollars; or (/), if it proposes to transact business 
under any two or more of the fourth, fifth, sixth, seventh, 
eighth, ninth, tenth, twelfth and thirteenth clauses of said 
section forty-seven, net cash assets, computed as aforesaid, 
at least equal to the amount of capital required by said sec- 
tions forty-eight and fifty-one of a domestic stock company 
transacting the same classes of business, or net cash assets, 



Kinds of busi- 
ness which may 
be combined by 
certain mutual 
insurance 
companies. 

G. L. 175, § 151, 
etc., amended. 



Conditions of 
admission of 
foreign insur- 
ance companies. 



Acts, 1928. — Chaps. 226, 227, 228. 235 

computed as aforesaid, of not less than seventy-five thousand 
dollars, and contingent assets of not less than one hundred 
and fift}^ thousand dollars, for each clause under which it 
proposes to transact business, in addition, in any case, to 
the guaranty capital and net cash assets required by (6) 
hereof if it proposes to transact business under said fourth 
clause, and in addition to the net cash or net cash and con- 
tingent assets required by (c) hereof if it proposes to trans- 
act business under said sixth clause; 

Approved April 10, 192S. 



C/iap.226 



An Act authorizing the town of bernardston to 

CONVEY certain LAND IN SAID TOWN. 

Be it enacted, etc., as follows: 

Section 1. The town of Bernardston is hereby author- TownofBer- 
ized to sell and convey the whole or a part of the Charity conve^ce?tem 
Farm Pasture, so-called, in said town, devised to said town ^°'|j*°^^''^ 
in the year eighteen hundred and thirty-three by Job Goodale ; 
provided, that any property, real or personal, received by the 
said town as a consideration for such sale and conveyance 
shall be held to the same uses and trusts as the property 
hereinbefore authorized to be sold and conveyed. 

Section 2. This act shall take effect upon its accept- Effective upon 
ance by the voters of said town in town meeting; but for ^<"'^p*^'^'=®' ^*'=- 
the purposes of such acceptance shall take effect upon its 
passage. Approved April 10, 1928. 

An Act further providing for the education of deaf (JJku) 227 

children. ^' 

Be it enacted, etc., as follows: 

Chapter seventy-six of the General Laws is hereby amended g- l. 76, new 

1 • ,• r, J.- X J.U r n • i- section after § 2. 

by inserting alter section two the following new section: — 
Section 2 A . Every person in control of a deaf child between Deaf children 
seven and eighteen shall cause such child to attend some scha^f^'* 
suitable school, approved by the department, where the 
deaf are taught speech and speech reading; provided, that Proviso, 
this section shall not apply to such a child whose mental 
condition or whose physical condition in other respects than 
deafness is such as to render such attendance inexpedient or 
impractical or who is being given private instruction, ap- 
proved by the department, during the time the public schools 
are in session. Failure for one month during any school Penalty. 
year by any person in control of such a child to cause his 
attendance as aforesaid shall, on complaint by a supervisor 
of attendance, be punished b}^ a fine of not more than twenty 
dollars. Approved April 10, 1928. 

An Act relative to the sittings of the superior court. (JJiqjj 928 

Be it enacted, etc., as follows: 

Section 1. Chapter three hundred and six of the acts 1927, soe, §i, 
of nineteen hundred and twenty-seven is hereby amended by an^euded. 



236 



Acts, 1928. — Chap. 228. 



Sittings of su- 
perior court, 
where held. 



Sittings for 
naturalization. 



Adjournments. 



Jurors. 

Regular 
sittings, when 
held. 



Change of 
sitting, etc. 

Posting, etc. 



1927, 306, § 3, 
amended. 



€^ 



Provisions of 
law not created 
by act pre- 
scribing char- 
acter, purposes, 
times, places or 
number of sit- 
tings, etc., to 
be of no effect 
during time act 
is in full force, 
except, etc. 
All other pro- 
visions of law 
relative to sit- 
tings, etc., in- 
cluding G. L. 
214, § 37, to be 
effective during 
time act is in 
full loice, for 



striking out section one and inserting in place thereof the 
following: — Section 1. Subject to section thirty-seven of 
chapter two hundred and fourteen of the General Laws, the 
chief justice of the superior court shall establish from time 
to time a regular sitting or regular sittings of said court at 
each of the places named in section fourteen of chapter two 
hundred and twelve of the General Laws, may establish 
special sittings and separate sessions of regular or special 
sittings at any of said places, may establish sittings for 
naturalization at any city or town, and may designate the 
class or classes of business for which any sitting or session 
is established. The court may hold sittings for naturalization 
in any city or town. Said court may adjourn any sitting 
or session from one place to another within the county, 
whether it be to a place mentioned in said section fourteen 
or not, in the manner and with the effect of adjournment to 
another shire town, and such adjournment shall be subject 
to all the laws relative to adjournment to another shire town. 
Jurors summoned for one sitting or session may be used 
for any other in the same county. Regular sittings shall be 
established on or before November first in each year for the 
year beginning the first Monday of January next ensuing, 
and unless changed shall be held at the same times from year 
to year, but may be changed at any time by said chief 
justice. An order establishing or changing a sitting in any 
county shall be entered on the records of the court in such 
county, and public notice shall be given by posting a copy 
of such order in the office of the clerk within fifteen days 
after the establishment or change of the sitting, or otherwise 
as said chief justice may direct. 

Section 2. Section three of said chapter three hundred 
and six is hereby amended by inserting after the word 
"law" in the first line the words: — not created by this 
act, — by inserting after the word "the" in the second line 
the words: — character or purposes or, — by striking out, 
in the fourth and fifth lines, the words "the provisions of 
said section fourteen of chapter two hundred and twelve 
prescribing the places for regular sittings and", — and by 
striking out, in the eleventh line, the words "sections 
fourteen and" and inserting in place thereof the word: — 
section, — so as to read as follows: — Section 3. All pro- 
visions of law not created by this act prescribing or regu- 
lating the character or purposes or times or places or number 
of sittings, sessions or adjournments of sittings of the su- 
perior court, except the provisions of said section thirty- 
seven of chapter two hundred and fourteen, shall be of no 
efi'ect during the time this act shall be in full force; but all 
other provisions of law in any waj^ having to do with sittings, 
sessions or adjournments of said court, including the afore- 
said provisions of said section thirty-seven, shall during such 
time be effective for the purposes of regular and special sit- 
tings and sessions established hereunder and of adjournments 
made hereunder, except that writs of venire facias issued 



Acts, 1928. — Chap. 229. 237 

under section two of chapter two hundred and seventy- certain pur- 
seven of the General Laws, as amended by section seven of ^c.®^' ®'"^^^*' 
chapter three hundred and eleven of the acts of nineteen 
hundred and twenty-four, shall be issued not less than 
twentj^-eight days before the first IMondays of January and 
July, respectively. Approved April 10, 1928. 



Chap.229 



An Act relative to the examination of persons en- 
gaged IN the handling of food. 

Be it enacted, etc., as follows: 

Section 1. Chapter ninety-four of the General Laws is g. l. 94, new 
hereby amended by inserting after section three hundred §^05a!^^*^'^ 
and five A, inserted by chapter fifty of the acts of nineteen 
hundred and twenty-four, the following new section : — 
Section 305B. The commissioner of public health, on his Medical exam i- 
own initiative or at the request of a local board of health, TonsTnglgeTin 
may require any person working in an establishment engaged ^f foo^"'*''"^ 
wholly or in part in the business of producing, manufacturing, 
processing, storing or offering or exposing for sale any article 
of food and whose duties actually involve the handUng of 
food during such production, manufacture, processing, „, — 
storing or offering or exposing for sale, to submit to thorough 
examination by the department of pubhc health, herein- 
after called the department, or by the local board of health, 
if said commissioner has reason to believe that the examina- 
tion of such person is necessary for the protection of the 
pubhc health, to ascertain whether or not he is afflicted with 
any contagious, infectious or other disease or physical ail- 
ment which might render such employment detrimental to 
the pubhc health, and whether or not, in the opinion of the 
department, he is a carrier, so called, of such a disease. 
Such examination shall be made by a physician duly regis- 
tered and licensed to practice in the commonwealth, and 
shall be made without charge to the person examined and at 
the expense of the department or of the local board request- 
ing it. Such examination may include the taking of samples 
of body fluids, secretions or excretions for examination. Any ^ 

person so examined may have his physician present at the ^ 

examination, and, at the request of the person so examined 
and at his expense, additional samples may be taken for 
examination at any laboratory approved by the department, 
but pending the report from the examination of such addi- 
tional samples the person so examined shall be subject to the 
rules and regulations of the department made hereunder. 
The department, and local boards of health within their Enforcement of 
respective jurisdictions, shall enforce the provisions of this p''°^*^'°'^- 
section, and the department may make rules and regulations Ruiea and 
consistent with said provisions to carry out the purposes ''^euiationa. 
thereof. No owner, manager or person in charge of such an Employment of 
estabhshment shall knowingly require or permit any person wlth*"ontS'^*u3 
who is found upon examination to be afflicted or to be a ciiseases etc., 

^ prohibited. 



238 



Acts, 1928. — Chap. 230. 



Penalty. 



"Food", 
definition. 



Repeals. 



carrier as aforesaid, or who refuses to submit to such ex- 
amination, if required so to submit, to continue to work 
therein in the performance of duties actually involving the 
handling of food as aforesaid. Whoever violates any pro- 
vision of this section or of any rule or regulation made there- 
under shall be punished by a fine of not less than ten nor 
more than one hundred dollars. For the purposes of this 
section, the word ''food" shall mean and include all articles, 
whether simple, mixed or compound, used or intended to be 
used for food or di'ink, confectionery or condiment, by hu- 
man beings. 

Section 2. Sections forty-four and forty-five of chapter 
one hundred and eleven of the General Laws, and sections 
sixty-five C and sixty-five D of chapter ninety-four of the 
General Laws, inserted by section one of chapter two hun- 
dred and seventj^-eight of the acts of nineteen hundred and 
twenty-seven, are hereby repealed. 

Approved April 10, 1928. 



Hampshire 
county may 
provide ade- 
quate court 
house accom- 
modations in 
city of 
Northampton. 



C/ia».230 A.N Act authorizing the county of Hampshire to pro- 
vide ADEQUATE COURT HOUSE ACCOMMODATIONS IN THE 
city of NORTHAMPTON, 

Be it enacted, etc., as follows: 

Section 1. For the purpose of providing additional 
county court house accommodations and facilities in the city 
of Northampton, the county commissioners of Hampshire 
county may take by eminent domain under chapter seventy- 
nine of the General Laws, or acquire by purchase or other- 
wise, such land as may be necessary, and may erect on land 
so taken or acquired or on land already owned by said 
county, an addition or annex to the present county court 
house in said city or an additional building, and may furnish 
and equip such addition, annex or building. 

Section 2. For the purposes aforesaid, the county 
treasurer of said county, with the approval of the county 
commissioners, may borrow from time to time, on the credit 
of the county, such sums as may be necessary, not exceeding, 
in the aggregate, one hundred and sixty thousand dollars, 
and may issue bonds or notes of the county therefor, which 
shall bear on their face the words, Hampshire County Court 
House Lnprovement Loan, Act of 1928. Each authorized 
issue shall constitute a separate loan, and such loans shall be 
payable in not more than ten years from their dates. Such 
bonds or notes shall be signed by the treasurer of the county 
and countersigned by a majority of the county commis- 
sioners. The county may sell the said securities at public 
or private sale upon such terms and conditions as the county 
commissioners may deem proper, but not for less than their 
par value. Indebtedness incurred under this act shall, ex- 
cept as herein provided, be subject to chapter thirty-five of 
the General Laws. 



Hampshire 

County Court 
House Im- 
provement 
Loan, Act of 
1928. 



Acts, 1928. — Chaps. 231, 232. 239 

Section 3. This act shall take ofToct upon its acceptance, Effective upon 
on or before January first, nineteen hundred and thirty, by ^<^cep*^^'»«^e' etc. 
the county commissioners of the county of Hampshire, but 
not otherwise. Approved April 10, 1928. 



Chap.23l 



An Act relative to the powers and duties of the 
trustees of the state infirmary. 

Be it enacted, etc., as foUotvs: 

Chapter one hundred and twenty-two of the General Laws g. l. 123, new 
is hereby amended by inserting after section two the follow- ^^*'°" ^^^^^ 5 2. 
ing new section: — Section 2A. The trustees shall be a Trustees of the 
corporation for the purpose of taking and holding, by them to^'becorp^ra-^ 
and their successors, in the name of the commonwealth, and tion for certain 
in accordance with the terms thereof, any grant or devise ^"'^^°®®^" 
of land or any gift or bequest of money or other personal 
property made for the use or benefit of the state infirmary, 
its patients or former patients, and for the purpose of pre- 
serving and investing the proceeds thereof in notes or bonds 
secured by good and sufficient mortgages or other security, 
with all the powers necessary to effect said purposes. For May employ 
said purposes the trustees may employ such agencies as they ^sencies, etc. 
may from time to time determine to be wise and proper, in- 
cluding any trust company or other corporation authorized 
by law to administer trusts, and may from funds received 
as aforesaid or the income thereof pay such expenses as may 
be necessar}' for the wise administration of such gifts or trusts, 
or may, with the approval of the governor and council, dele- 
gate any powers conferred b}^ this section upon any such 
trust company or corporation. In the use, management and tr^^tMs^in ad- 
administration of such gifts or trusts, the trustees or their ministration of 
agents shall in their discretion so act as most effectively to be^conclusive! 
aid the beneficiaries in accordance with the terms of the 
gift or trust, and when so acting their judgments and de- 
terminations in extending or denjdng aid or benefit to any 
individual shall be conclusive and final. No trustee shall be Trustees not 
answerable for the use of any money or property received by usHI money,"^ 
any beneficiary or for the default or neglect of any co-trustee, t^' received 

,. *^, 1 1, ^ f ,.'by any bene- 

or of any agent employed hereunder, or 01 any corporation ficiary, etc. 
to which power is delegated or transferred as herein author- 
ized. Approved April 10, 1928. 

An Act relative to the appointment and salaries of Qhdj) 232 

OFFICERS and EMPLOYEES IN THE DEPARTMENT OF THE 
STATE SECRETARY. 

Be it enacted, etc., as follows: 

Section 1. Chapter nine of the General Laws, as g.l.9, §2, 
amended in section two by section one of chapter three «*<=•• ^"^^"^^^d- 
hundred and seventy of the acts of nineteen hundred and 
twenty-two, is hereby further amended by striking out said 
section two and inserting in place thereof the following: — 



240 



Acts, 1928. — Chap. 232. 



state secretary 
may appoint 
deputies, 
cashier, etc. 



G. L. 9, §4, 
amended. 

Supervisor of 
public records. 



G.L. 9, §9. 
etc., amended. 



State census 
director. 



Decennial 
census. 



Secretary or 
state census 
director may 
require attend- 
ance of wit- 
nesses. 



G. L. 9, § 10. 

etc., amended. 



State registrar 
of vital 
statistics. 



Section 2. He may appoint a first deputy, a second deputy, 
a cashier for whose conduct he shall be responsible and 
from whom he may require a bond, and a chief of the ar- 
chives division, each at such salary as may be fixed by the 
secretary. He may also appoint clerks, messengers and 
other assistants necessarj^ for the prompt despatch of public 
business and may fix their compensation. He may also 
employ such clerical assistance as he may deem necessary 
to carr\^ out the laws relative to primaries and elections, and 
such employment and the appointment of such deputies 
shall not be subject to chapter thirty-one. 

Section 2. Said chapter nine is hereby further amended 
by striking out section four and inserting in place thereof 
the following: — Section 4- The secretarj^ shall, with the 
approval of the governor and council, appoint, and may, 
with like approval, remove, a competent person to be known 
as supervisor of public records, and may fix his compensa- 
tion. Said supervisor, under the supervision of the secretary, 
shall perform the duties required of him by law, and such 
other duties as the secretary determines. 

Section 3. Said chapter nine is hereby amended by 
striking out section nine, as appearing in section one of 
chapter four hundred and fiftj^-three of the acts of nineteen 
hundred and twenty-four, and inserting in place thereof the 
following: — Section 9. The secretary shall, with the ap- 
proval of the governor and council, appoint, and may, with 
like approval, remove, a competent person to be known as 
the state census director, and may fix his compensation. 
Said director, under the supervision of the secretary, shall 
have charge of compiling information in connection with 
said decennial census and enumeration and of the enumera- 
tion of summer residents under section fourteen of chapter 
one hundred and thirty-eight. He shall perform such other 
duties as the secretary determines. The secretary may 
appoint and remove such temporary officers, clerks and other 
assistants as are necessary to assist him in performing the 
duties required in connection with said enumeration and 
census, and may fix their compensation. Appointments 
under this section shall not be subject to chapter thirty-one. 
For the purposes of such enumeration and census, the secre- 
tary or the state census director may require the attendance 
and testimony of witnesses and the production of books and 
documents, and may examine witnesses on oath; and such 
witnesses shall be examined in the same manner and be paid 
the same fees as witnesses before the superior court. 

Section 4. Said chapter nine, as amended in section ten 
by chapter three hundred and seventj^-five of the acts of 
nineteen hundred and twenty-two, is hereby further amended 
by striking out said section ten and inserting in place thereof 
the following: — Section 10. The state secretary may, with 
the approval of the governor and council, appoint and 
remove a state registrar of vital statistics, who shall be a 
competent statistician, and may fix his compensation. The 



Acts, 1928. — Chap. 233. 241 

said registrar may, under tlie direction of the secretary, en- 
force all laws relative to the registry and return of births, 
marriages and deaths, and may prosecute in the name of the 
commonwealth any violations thereof. 

Section 5. Chapter one hundred and seventy-four of Repeal. 
the Special Acts of nineteen hundred and nineteen, as 
amended by chapter three hundred and seventy-two of the 
acts of nineteen hundred and twenty-two, is herebj^ repealed. 

Approved April 10, 1928. 

An Act equalizing the salaries of the clerks and niiQrf 233 

ASSISTANT clerks OF THE MUNICIPAL COURT OF THE CITY ^' 

OF BOSTON. 

Be it enacted, etc., as follows: 

Section 1. Chapter two hundred and eighteen of the g. l. 218, §75, 
General Laws, as most recently amended in section seventy- ^*"' ^™®"'^®'^- 
five by section one of chapter five hundred and six of the acts 
of nineteen hundred and twenty-four, is hereby further 
amended by striking out said section seventy-five and in- 
serting in place thereof the following : — Section 75. The Municipal court 
salary of the chief justice of the municipal court of the city Boston"saiarie3 
of Boston shall be eighty-five hundred dollars, and the of justices. 
salary of each of the associate justices shall be eight thou- 
sand dollars. The salaries of the clerk and assistant clerks Salaries of derk 
of said court, for civil and for criminal business, shall be as ciwkTfw cfvii 
follows : clerks, seventy per cent of the salary of an associate ^af b°sine^'" 
justice of said court; first assistant clerks, seventy per cent 
of the salary of the clerk; second, third and fourth assistant 
clerks, sixty per cent of the salary of the clerk; fifth, sixth, 
seventh and eighth assistant clerks, fifty per cent of the salary 
of the clerk. 

The salary of the messenger of said court shall be twenty- Salary of 

six hundred dollars. messenger. 

The salary of the chief court officer and of the assistant cowt'Sffi°cers. 
chief court officer of the municipal court of the city of Boston 
for criminal business shall be twenty-eight hundred dollars 
and twenty-five hundred and eighty-four dollars, respectively, 
and the salary of each of the other court officers in attend- 
ance at the civil and criminal sessions of said court, twenty- 
four hundred and eighty-four dollars. 

Section 2. This act shall take effect upon its accept- submission to 
ance during the current year by the city council of the city ttl """"^ ' 
of Boston subject to the provisions of its charter, but not 
otherwise. 

{This hill, returned by the governor to the house of repre- 
sentatives, the branch in which it originated, with his objections 
thereto, was passed by the house of representatives April 9, 
and, in concurrence, by the Senate, April 11, the objections of 
the governor notwithstanding, in the manner prescribed by the 
constitution; and thereby has "the force of a law".) 



242 



Acts, 1928. — Chap. 234. 



Chap. 234: An Act permitting the sale of fish, 

TABLES ON THE LORd's DAY WHENEVER 



G. L. 136, § 6. 
etc., amended. 



Certain 
business not 
prohibited on 
Lord's day. 



FRUIT AND VEGE- 
^ER ROSH HASHONAH, 
OR THE DAY OF ATONEMENT, BEGINS ON THAT DAY, 

Be it enacted, etc., as follows: 

Section six of chapter one hundred and thirty-six of the 
General Laws, as amended by chapter one hundred and 
seventj^-five of the acts of nineteen hundred and tv/enty- 
seven, is hereby further amended by inserting after the word 
"them" in the forty-second Hne, the following: — whenever 
Rosh Hashonah, or the Day of Atonement, begins on the 
Lord's day, the retail sale and delivery of fish, fruit and vege- 
tables before twelve o'clock noon of that day; — • so as to read 
as follows: — Section 6. The preceding section shall not 
prohibit the manufacture and distribution of steam, gas or 
electricity for illuminating purposes, heat or motive power; 
the distribution of water for fire or domestic purposes; the 
use of the telegraph or the telephone; the retail sale of drugs 
and medicines, or articles ordered by the prescription of a 
physician, or mechanical appliances used by physicians or 
surgeons; the retail sale of tobacco in any of its forms by 
licensed innholders, common victuallers, druggists and news- 
dealers whose stores are open for the sale of newspapers every 
day in the week; the retail sale of ice cream, soda water and 
confectionery by licensed innholders and druggists, and by 
such licensed common victuallers as are not also licensed to 
sell certain non-intoxicating beverages, as defined in section 
one of chapter one hundred and thirty-eight, and who are 
authorized to keep open their places of business on the Lord's 
day; the sale of ice cream, soda water, confectionery or fruit 
by persons licensed under the following section or the keeping 
open of their places of business for the sale thereof; work 
lawfully done by persons working under permits granted 
under section nine; the sale by licensed innholders and com- 
mon victuallers of meals such as are usually served by them, 
consisting in no part of intoxicating liquors, which meals are 
cooked on the premises but are not to be consumed thereon; 
the operation of motor vehicles; the sale of gasoline and 
oil for use, and the retail sale of accessories for immediate 
necessary use, in connection with the operation of motor 
vehicles, motor boats and air craft; the letting of horses and 
carriages or of boats; unpaid work on pleasure boats; the 
running of steam ferry boats on established routes; the run- 
ning of street railway cars; the running of steamboat lines 
and trains or of steamboats, if authorized under section 
nineteen; the preparation, printing and publication of news- 
papers, or the sale and delivery thereof; the wholesale or 
retail sale and deliveiy of milk, or the transportation thereof, 
or the delivery of ice cream; the making of butter and cheese; 
the keeping open of public bath houses; the making or selling 
by bakers or their employees, before ten o'clock in the fore- 
noon and between the hours of four o'clock and half past six 



Acts, 1928. — Chap. 235. 243 

o'clock in the afternoon, of bread or other food usually dealt Certain 
in by them; whenever Ilosh Hashonah, or the Day of Atone- prohibit^'on 
ment, begins on the Lord's day, the retail sale and dehvery of Lord's day. 
fish, fruit and vegetables before twelve o'clock noon of that 
day; the selling of kosher meat by any person who, according 
to his religious belief, observes Saturday as the Lord's day 
by closing his place of business during the day until six o'clock 
in the afternoon or the keeping open of his shop on the Lord's 
day for the sale of kosher meat between the hours of six 
o'clock and ten o'clock in the forenoon; the performing of 
secular business and labor on the Lord's day by any person 
who conscientiously believes that the seventh day of the 
week ought to be observed as the Sabbath and actually 
refrains from secular business and labor on that day, if he 
disturbs no other person thereby; the carrying on of the 
business of bootblack before eleven o'clock in the forenoon; 
the digging of clams; the icing and dressing of fish ; the culti- 
vation of land, and the raising, harvesting, conserving and 
transporting of agricultural products during the existence of 
war between the United States and any other nation and 
until the first day of January following the termination 
thereof; the sale of catalogues of pictures and other works of 
art in exhibitions held by societies organized for the purpose 
of promoting education in the fine arts or the exposure of 
photographic plates and films for pleasure, if the pictures to 
be made therefrom are not intended to be sold and are not 
sold. 

{This hill, returned by the governor to the senate, the branch 
in which it originated, with his objections thereto, failed to pass, 
April 9, but upon reconsideration by said branch was passed by 
the senate April 10, and, in concurrence, by the House of Repre- 
sentatives, April 13, the objections of the governor notwithstand- 
ing, in the manner prescribed by the constitution; and thereby 
has "the force of a law".) 

An Act to make November eleventh, armistice day, a Qjidj) 235 

LEGAL HOLIDAY IN THIS COMMONWEALTH HEREAFTER. 



The initiative petition which caused the enactment of 
Chapter 235 not having been completed, said chapter takes 
effect July 16, 1928. 

See page 572. 



ber eleventh, or Christmas day occurs on Sunday; and the 
public offices shall be closed on all of said days. 

Approved April 16, 1928. 



242 



Acts, 1928. — Chap. 234. 



G. L. 136, § 6. 
etc., amended. 



Certain 
business not 
prohibited on 
Lord's day. 



C/iap.234 An Act permitting the sale of fish, fruit and vege- 
tables ON the lord's day whenever rosh hashonah, 

OR the day of ATONEMENT, BEGINS ON THAT DAY. 

Be it enacted, etc., as follows: 

Section six of chapter one hundred and thirty-six of the 
General Laws, as amended b}^ chapter one hundred and 
seventj^-five of the acts of nineteen hundred and tv/enty- 
seven, is hereby further amended by inserting after the word 
"them" in the forty-second hne, the following: — whenever 
Rosh Hashonah, or the Day of Atonement, begins on the 
Lord's day, the retail sale and delivery of fish, fruit and vege- 
tables before twelve o'clock noon of that day; — so as to read 
as follows: — Section 6. The preceding section shall not 
prohibit the manufacture and distribution of steam, gas or 
electricity for illuminating purposes, heat or motive power; 
the distribution of water for fire or domestic purposes; the 
use of the telegraph or the telephone; the retail sale of drugs 
and medicines, or articles ordered by the prescription of a 
phj^sician, or mechanical appliances used by physicians or 
surgeons; the retail sale of tobacco in any of its forms by 
licensed innholders, common victuallers, druggists and news- 
dealers whose stores are open for the sale of newspapers every 
day in the week; the retail sale of ice cream, soda water and 
confectionery by licensed innholders and druggists, and by 
such licensed common victuallers as are not also licensed to 
sell certain non-intoxicating beverages, as defined in section 
one of chapter one hundred and thirtj^-eight, and who are 
authorized to keep open their places of business on the Lord's 
day; the sale of ice cream, soda water, confectionery or fruit 
by persons licensed under the following section or the keeping 
open of their places of business for the sale thereof; work 
lawfully done by persons working under permits granted 
under section nine; the sale by licensed innholders and com- 
mon victuallers of meals such as are usually served by them, 
consisting in no part of intoxicating liquors, which meals are 
cooked on the premises but are not to be consumed thereon ; 



retail sale and delivery of milk, or the transportation thereof, 
or the delivery of ice cream ; the making of butter and cheese ; 
the keeping open of public bath houses; the making or selling 
by bakers or their employees, before ten o'clock in the fore- 
noon and between the hours of four o'clock and half past six 



Acts, 1928. — Chap. 235. 243 

o'clock in the afternoon, of bread or other food usually dealt Certain 
in by them; whenever Rosh Hashonah, or the Day of Atone- pTOMbit^°on 
ment, begins on the Lord's day, the retail sale and delivery of Lord's day. 
fish, fruit and vegetables before twelve o'clock noon of that 
day; the selling of kosher meat by any person who, according 
to his religious belief, observes Saturday as the Lord's day 
by closing his place of business during the day until six o'clock 
in the afternoon or the keeping open of his shop on the Lord's 
day for the sale of kosher meat between the hours of six 
o'clock and ten o'clock in the forenoon; the performing of 
secular business and labor on the Lord's day by any person 
who conscientiously believes that the seventh day of the 
week ought to be observed as the Sabbath and actually 
refrains from secular business and labor on that day, if he 
disturbs no other person thereby; the carrying on of the 
business of bootblack before eleven o'clock in the forenoon; 
the digging of clams; the icing and dressing of fish; the culti- 
vation of land, and the raising, harvesting, conserving and 
transporting of agricultural products during the existence of 
war between the United States and any other nation and 
until the first day of January following the termination 
thereof; the sale of catalogues of pictures and other works of 
art in exhibitions held by societies organized for the purpose 
of promoting education in the fine arts or the exposure of 
photographic plates and films for pleasure, if the pictures to 
be made therefrom are not intended to be sold and are not 
sold. 

{This hill, returned hy the governor to the senate, the branch 
in which it originated, with his objections thereto, failed to pass, 
April 9, hut upon reconsideration hy said branch was passed by 
the senate April 10, and, in concurrence, hy the House of Repre- 
sentatives, April 13, the objections of the governor notwithstand- 
ing, in the manner prescribed by the constitution; and thereby 
has "the force of a law".) 

An Act to make November eleventh, armistice day, a (JJki^ 235 
legal holiday in this commonwealth hereafter. 

Section seven of chapter four of the General Laws is hereby g. l. 4, § 7, 
amended by inserting after the words "October twelfth" in ^^^^ ^ ' 
the forty-sixth and fiftieth lines in each instance, the words: 
— November eleventh, — so that clause eighteenth of said 
section shall read as follows: — Eighteenth, "Legal holiday" jj^fl*^ .. 
shall include January first, February twenty-second, April 
nineteenth. May thirtieth, July fourth, the first Monday of 
September, October twelfth, November eleventh. Thanks- 
giving day and Christmas day, or the day following when 
any of the five days first mentioned, October twelfth, Novem- 
ber eleventh, or Christmas day occurs on Sunday; and the 
public offices shall be closed on all of said days. 

Approved April 16, 1928. 



244 



Acts, 1928. — Chaps. 236, 237. 



C/ia».236 An Act authorizing the citizens' savings bank to erect 

A NEW BANK BUILDING IN THE CITY OF FALL RIVER. 

Be it enacted, etc., as follows: 

Section 1. The Citizens' Savings Bank in the city of Fall 
River may, subject to the approval of the commissioner of 
banks, invest in the erection and preparation of a suitable 
building on a site now owned by said bank in said city, to be 
used for the convenient transaction of its business, a sum not 
exceeding two hundred and fifty thousand dollars, in addition 
to all sums heretofore authorized to be invested under clause 
eleventh of section fifty-four of chapter one hundred and 
sixty-eight of the General Laws and corresponding provisions 
of earher laws. 

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

Approved April 17, 1928. 



The Citizens' 
Savings Bank 
may erect a 
new bank 
building in 
city of Fall 
River. 



Chap.237 An Act authorizing the city of boston to borrow and 

TO RAISE BY TAXATION MONEY FOR HOSPITAL PURPOSES. 



City of Boston 
may borrow 
and raise by 
taxation money 
for hospital 
purposes. 



Boston City 
Hospital Loan, 
Act of 1928. 



May levy taxes 
outside tax 
limit, etc. 



Submission to 
city council, etc 



Be it enacted, etc., as follows: 

Section 1. For the purpose of erecting additional build- 
ings for the Boston City Hospital, for remodeling existing 
buildings of said hospital and for the purchase of additional 
property for the purposes of said hospital, or for any of said 
purposes, the city of Boston may borrow, outside the statu- 
tory limit of indebtedness, from time to time within a period 
of five years from the passage of this act, such sums as may be 
necessary, not exceeding, in the aggregate, one milUon five 
"hundred thousand dollars, and may issue bonds or notes 
therefor, which shall bear on their face the words, Boston 
City Hospital Loan, Act of 1928. Each authorized issue shall 
constitute a separate loan, and such loans shall be paid in not 
more than fifteen years from their dates, but no issue shall be 
authorized under this act unless a sum equal to each such 
authorized issue is voted for the same purpose to be raised 
from taxes or other sources of revenue or from the proceeds of 
indebtedness incurred within the statutory limit of indebted- 
ness. Except as herein provided, indebtedness incurred under 
this act shall be subject to the laws relative to the incurring of 
debt by said city. 

Section 2. The said city, for the purpose of raising any 
sum voted to be raised by taxation as authorized by section 
one may levy taxes outside the tax limit for general municipal 
purposes to an amount not exceeding the amount so voted. 

Section 3. This act shall take effect upon its acceptance 
during the current year by vote of the city council of said city, 
subject to the provisions of its charter, but not otherwise. 

Approved April 17, 1928. 



Acts, 1928. — Chap. 238. 245 

An Act authorizing the metropolitan district commis- (J/kij) 238 
siON to permit certain municipalities bordering on 

the CHARLES RIVER BASIN TO TAKE WATER THEREFROM 
FOR FIRE PROTECTION AND FOR COOLING AND CONDENSING 
PURPOSES. 

Be it enacted, etc., as follows: 

Chapter ninet\^-two of the General Laws is hereby amended g l. 92, five 

i- ,• J., ,- , -ii/? en- new sections 

by inserting alter section seventy-six the nve lollowing new after §76. 
sections: — Section 76 A. The metropohtan district com- Metropolitan 
mission, after a pubhc hearing notice of which shall be sent to ^'igg^n^^^' 
the state department of public health and to all cities and perniit certain 
towns bordering on the Charles river basin, as defined by bordermgon^ 
section two of chapter five hundred and twenty-four of the bilL^n to'take 
acts of nineteen hundred and nine and acts in amendment water there- 
thereof and in addition thereto, and subject to the approval of proTectionTnd 
said department of public health as hereinafter provided, may condenshfg'^"'^ 
grant to any such city or town which accepts sections seventy- purposes. 
six A to seventy-six E, inclusive, by vote of the city council or 
selectmen a permit to take water from said basin for purposes 
of fire protection and of sale, at such price as the municipality 
may determine, to manufacturing establishments within its 
limits for cooling and condensing purposes. A city or town cities and 
receiving such a permit may construct and maintain on lands p°^mu'^may '"^ 
owned by it all necessary works and pumping stations and construct nec- 
may lay and maintain in such lands and in its streets all etc!^"^^ ""' ^' 
necessary mains and pipes, and, to such extent and on such 
terms and conditions as may be authorized in such permit, 
may lay said mains and pipes on or in lands under the control 
of the commission. Any permit granted hereunder shall pre- Contents of 
scribe the maximum amount of water which may be drawn ''®""' '^''" 
from said basin thereunder, and the place and manner of 
taking said water and of the return of said water except such 
as is used for fire protection, and shall provide for the meter- 
ing of said water both at the place of taking and of return, 
and for reimbursing the commission for all expenses of super- 
vision and inspection. Such permit shall also prescribe the 
location, and the mode of construction and of laying, of all 
works, mains and pipes within lands under the commission's 
control, and such other terms and conditions as in the com- 
mission's opinion the public interest may require. No such Approval of 
permit shall be granted except in such form as shall be ap- puWic 'health. 
proved by said department of public health, and no con- 
struction shall be commenced or carried on thereunder until 
all plans and specifications have been submitted to and ap- 
proved by said department. Section 76B. Any such per- conditions as 
mit shall be upon the condition that water taken thereunder ^° permit. 
for purposes other than fire protection shall be supplied only 
to such manufacturers as can use it in a system of closed pipes 
without opening at any point within their premises; that it 
is to be discharged through a special system of outlet pipes 
into the basin or the canals thereof in a manner approved by 



246 



Acts, 1928. — Chap. 239. 



Revocation 
upon violation 
of any condi- 
tion in permit. 



Conditions as to 
supplying man- 
ufacturing es- 
tablishments 
with water, etc. 



Maintenance of 
water level at 
required height 
not to be 
affected, etc. 



Cities and 
towns receiving 
permit may 
borrow money, 
etc. 



the commission; and that no oil, refuse, or other substance 
which would be harmful to the water in the basin shall be 
added to the water before its return to the basin. Upon 
violation of any condition in the permit, or if in the opinion 
of the commission the use of water under the permit impairs 
the quality or, except for water used for fire protection, re- 
duces the quantity of the water of the basin, the commission 
shall revoke the permit; and no new permit shall be granted 
unless the commission finds that there is no danger of future 
breach of condition of a permit when granted, or that the 
quality of the water of the basin will not be impaired. 
Section 76C. No manufacturing establishment shall be 
supplied with water taken from the basin under a permit 
granted under the two preceding sections until proper and 
suitable connections have been made for use of city or town 
water, so that, in case of revocation of the permit, the manu- 
facturing establishments affected may be supphed with 
water for cooling and condensing purposes from the water 
system of the city or town, but in such case the water after 
use shall not be discharged into the basin. Section 76D. 
No permit granted under sections seventy-six A and seventy- 
six B shall authorize the taking of water from said basin to 
such an extent as substantially to affect the maintenance of 
the water level in said basin at the height required by chapter 
four hundred and sixty-five of the acts of nineteen hundred 
and three and acts in amendment thereof or in addition 
thereto, or in quantities, or in a manner, inconsistent with the 
purposes and provisions of the laws establishing and govern- 
ing the maintenance of said basin. Section 76E. For the 
purpose of meeting the expenses of constructing such works 
and of laying such mains and pipes, a city or town receiving a 
permit as aforesaid may borrow money, subject to the pro- 
visions of section eight of chapter forty-four of the General 
Laws. Approved April 17, 1928. 



Chap. 239 ^^ ^^'^ relative to the corporate powers of the AMERI- 
CAN UNITARIAN ASSOCIATION. 



The American 

Unitarian 

Association, 

corporate 

powers. 



Be it enacted, etc., as follows: 

The American Unitarian Association, incorporated by 
chapter forty-two of the acts of eighteen hundred and forty- 
seven, is hereby authorized to hold, in trust or otherwise, and 
manage all property, real or personal, given or bequeathed to 
it, and also to acquire by purchase, gift, grant, devise or 
bequest, and to receive and hold in trust or otherwise, any 
property, real or personal, necessary or proper for any of the 
objects of the said corporation, and to sell, convey, mortgage 
or otherwise dispose of any property so held by it. 

Approved April 17, 1928. 



Acts, 1928. — Chap. 240. 247 



An Act to authorize the metropolitan district com- (JJiQrf 240 

MISSION TO ENABLE THE CITY OF QUINCY TO DRAIN BY 
GRAVITY CERTAIN PARTS OF ITS SEWERAGE SYSTEM. 

Be it enacted, etc., as follows: 

Section 1. The metropolitan district commission may Metropolitan 
acquire land for and construct such works as may be neces- mfslionmry 
sary to enable the city of Quincy to drain by gravity the "^f ''"Ig^ '^^ui 
sewers of the ^quantum, Adams Shore, Gcrmantown and city of Quincy 
Hough's Neck sections, so-called, of said city, into the south ^at'ity'^cwtain 
metropolitan sewerage svstem. For this purpose, said com- parts of its sew- 

. . '^ • i\ ' c J -i 1 1 i erage system. 

mission may exercise the powers conferred upon it by chapter etc. 
ninety-two of the General Laws relative to the construction, 
maintenance and operation of systems of sewage disposal; 
provided, however, that said commission shall not begin any Proviso. 
work herein authorized to enable the city to drain by gravity 
the sewers of any of said sections of the city into, the south 
metropolitan sewerage system until, in its opinion, said city 
shall have taken such steps as will ensure the construction 
and completion by the city of adequate systems of local 
sewers in such sections. 

Section 2. So far as necessary for the purposes of this Commission 
act, said commission may connect any sewers under its ^werT'under 
control with and discharge sewage into the outfall sewer of oyt'^fai'uew^o? 
the city of Boston at Squantum, in such manner and upon city of Boston 
such terms as may be agreed upon b}* said commission and ^^^Squantum, 
the mayor of Boston. If said commission and the mayor Determination 
of Boston cannot agree upon the manner and terms upon cfseoTcontro- 
which said connections with and use of said outfall sewer ^^^nnTand 
shall be made, any matter in controversy shall be determined terms of con- 
by a master, to be appointed by the supreme judicial court "«=*i°'*S' ^tc. 
on the petition of either partj^ interested, and the report of 
such master, made and accepted by said court, shall be 
final and binding on all parties. All expenses incurred in 
carrying out the provisions of this section shall be deemed 
a part of the cost of maintenance of the south metropolitan 
sewerage system. 

Section 3. Said commission is hereby authorized to ex- Expenditure. 
pend the sum of one hundred and fifty thousand dollars for 
the purposes of section one. 

Section 4. To meet the expenditures authorized by state treasurer 
section three, the state treasurer shall, upon the request of temporary ''' 
the commission, issue and sell at public or private sale °°*®^' ®'°' 
temporary notes of the commonwealth. Such temporary 
notes shall be issued and may be renewed for such maximum 
term of years as the governor may recommend to the general 
court in accordance with section three of Article LXII of 
the amendments to the constitution of the commonwealth, 
and shall bear interest at such rate as shall be fixed by the 
state treasurer, with the approval of the governor and coun- 
cil. The total amount of all notes issued hereunder shall 
not exceed the sum of one hundred and fifty thousand 



248 Acts, 1928. — Chaps. 241, 242. 

dollars. The interest and note requirements on account of 
the moneys expended in constructing that part of the south 
metropolitan sewerage system provided for in section one 
and the cost of maintenance and operation thereof shall be 
deemed to be, and shall be paid as, a part of the interest, 
sinking fund or serial bond requirements and costs specified 
in chapter four hundred and twenty-four of the acts of 
eighteen hundred and ninety-nine and acts in amendment 
thereof and in addition thereto and affecting the same, and 
shall be apportioned, assessed and collected in the manner 
provided by the provisions of chapter ninety-two of the 
General Laws relative to the south metropolitan sewerage 
system. Approved April 17, 1928. 

Chap. 24:1 An Act authorizing the American woolen company 

TO SELL AND THE GARDNER ELECTRIC LIGHT COMPANY TO 
BUY CERTAIN ELECTRICAL EQUIPMENT IN THE TOWN OF 
ROYALSTON. 

Be it enacted, etc., as follows: 

w^olen^Com Section 1. The American Woolen Company, a Massa- 

pany may sell chusetts coi'poration, is hereby authorized and empowered 
nef Hlct^fc^' to sell, and the Gardner Electric Light Company, a Massa- 
^s'^t^Company chusctts corporation, to buy, the poles and wires or other 
tain electrical elcctrical appHanccs and equipment belonging to the Ameri- 
towifS^"* '" can Woolen Company in the town of Royalston and located 
Royaiston. outside of the manufacturing plant of the American Woolen 
Proviso. Company; provided, that said sale and purchase shall be 

approved by at least a majority of the directors of each of 

said companies. 
Repeal. Section 2. Chapter two hundred and one of the Special 

Acts of nineteen hundred and seventeen is hereby repealed. 
w^oTircom- Section 3. Nothing in the foregoing sections shall re- 
panynotre- leasc tlic American Woolen Company from any obligations 
certefn^obiiga- nor dcprivo it of any rights that it may have under said 
^Hvedof'^*^ chapter two hundred and one with respect to the furnishing 
certain rights, of elcctric light to the village of South Royalston in said town 
^^' of Royalston until such time as the Gardner Electric Light 

Company shall have completed its transmission line to said 

village and shall be ready to furnish electric light to the same. 

Approved April 17, 1928. 

Chap. 242 An Act providing for municipal primaries in the city 

OF FALL RIVER. 

Be it enacted, etc., as follows: 

marlls'm'cft"" Section L Candidates of political and municipal parties 
of Fall River, to bc votcd for at municipal elections in the city of Fall River, 
beginning with the annual city election in the year nineteen 
hundred and twenty-nine, shall be nominated in municipal 
primaries held in accordance with the provisions of sections 
twenty-three to forty, and fifty-six to sixty-four, both in- 
clusive, of chapter fifty-three of the General Laws. 



Acts, 1928. — Chap. 243. 249 

Section 2. This act shall be submitted for acceptance to Submission to 
the voters of said city at the state election in the current year ^°*®"' ®**=- 
in the form of the following question which shall be placed 
upon the official ballot to be used in said city at said election: 
— "Shall an act passed by the general court in the j^ear 
nineteen hundred and twenty-eight, entitled 'An Act pro- 
viding for numicipal primaries in the city of Fall River', be 
accepted?" If a majority of the votes cast on said question 
are in the affirmative, this act shall thereupon take effect, but 
not otherwise. Approved April 17, 1928. 

An Act relative to the harvard-yenching institute, fhrj^ 04^ 
Be it enacted, etc., as follows: 

Section 1. Harvard- Yenching Institute, a corporation Harvard- 
created under the provisions of chapter one hundred and ^ftute'may"" 
eighty of the General Laws, hereinafter called the corporation, hold real and 
may hold real and personal estate to an amount not exceeding esTate^to 
ten milKon dollars, which shall be devoted to the purposes set '=®''<^*'" amount. 
forth in its agreement of association as the same may from 
time to time be amended. 

Section 2. Three members of the corporation, and their Members, 
successors, may be directly appointed and at any time re- appo'iitment, 
moved by the president for the time being of The President 
and Fellows of Harvard College and three members,, and their 
successors, may in like manner be appointed and at any time 
removed by the governing boards of such other charitable 
organization or organizations as may from time to time have 
power to nominate candidates for membership in the corpora- 
tion as provided in its agreement of association. 

Section 3. The word ''Harvard" may be stricken from "Harvard" 
the name of the corporation at any time upon the affirmative "tmk^nfrom 
vote of a majority of such of its members as have been ap- name of 
pointed by the said president. Similarly, the word " Yench- -°Y^nching'' 
ing" may be stricken from the name of the corporation at any may be 
time upon the affirmative vote of a majority of such of its from name of 
members as have been appointed by the board of trustees of corporation. 
Peking University, a corporation organized and existing 
under the laws of New York. 

Such a vote shall thereupon be entered in the records of the submission of 
corporation by its clerk, and within thirty days after its vote to^com- 
adoption a certificate setting forth such vote, and stating that missioner of 
it has been duly adopted as aforesaid, sworn to either by said and* tSaUon. 
clerk or by the members of the corporation so voting, shall be 
submitted to the commissioner of corporations and taxation 
who shall examine it, and shall, if he finds that it conforms to 
the requirements of this section, so certify and endorse his 
approval thereon. Thereupon the state secretary shall order Publication 
the publication in such form as he may determine, in a news- ^e^/eta*ry. 
paper published in Boston and elsewhere as he may deem 
advisable, of a notice specifying such vote. When satisfied |^f° '^'^"^^' 
that such notice has been pubhshed as aforesaid, the state 
secretary shall, upon the payment of a fee of one dollar, cause 



250 



Acts, 1928. — Chap. 244. 



G. L. 175, 
§ 133, etc., 
amended. 



Group life 
insurance 
defined. 



said certificate and the endorsements thereon to be recorded 
in his office, and thereupon the name of the corporation shall 
be deemed changed in accordance with such vote. Nothing 
herein shall prevent the corporation from changing its name 
in any other manner authorized by law. 

Approved April 17, 1928. 

Chap. 244: ^^ -^^^ authorizing group life insurance covering 

MEMBERS of LABOR UNIONS. 

Be it enacted, etc., as follows: 

Section 1. Chapter one hundred and seventy-five of the 
General Laws, as amended in section one hundred and thirty- 
three by chapter one hundred and forty-one of the acts of 
nineteen hundred and twenty-one, is hereby further amended 
by striking out said section one hundred and thirty-three and 
inserting in place thereof the following: — Section 133. 
Group hfe insurance is hereby defined to be that form of life 
insurance covering (a) not less than fifty employees, with or 
without medical examination, written under a policy issued 
to the employer, the premium on which is to be paid by the 
employer or by the employer and employees jointly, and 
insuring only all of his employees, or all of any class or classes 
thereof determined by conditions pertaining to the employ- 
ment, or by duration of service in which case no employee shall 
be excluded if he has been for one year or more in the employ 
of the person taking out the policy, for amounts of insurance 
based upon some plan precluding individual selection, and 
for the benefit of persons other than the employer, provided, 
that when the premium is to be paid by the employer and 
employee jointly and the benefits of the policy are offered to 
all eligible employees, not less than seventy-five per cent of 
such employees may be so insured, or not less than forty per 
cent if each employee belonging to the insured group has been 
medically examined and found acceptable for ordinary in- 
surance by an individual policy; or (b) the members of any 
trade union or other association of wage workers described 
in section twenty-nine, with or without medical examination, 
written under a policy issued to such union or association, 
the premium on which is to be paid by the union or association 
or by the union or association and the members thereof 
jointly, and insuring only all of the members thereof who are 
actively engaged in the same occupation, for amounts of 
insurance based upon some plan which will preclude indi- 
vidual selection, and for the benefit of persons other than the 
union or association or any officers thereof, provided, that 
when the premium is to be paid by the union or association 
«-t^-d its members jointly and the benefits of the policy are 
offered \+Q ^w eligible members, not less than seventy-five per 
cent of su.\o\i members may be so insured, and provided fur- 
ther that aii^y member or members insured under the policy 
may apply i^/ ~^i- '"Tq of insurance additional to those 
granted by said pouty, ^^^^ ^^^^ ^^^ percentage of the 



Provisos. 



Acts, 1928. — Chap. 245. 251 

members may be iiisurctl for additional amounts if they pass 
satisfactory medical examinations. 

Section 2. Section one hundred and thirty-four of said ^j^\}^- ^ ^^*' 
chapter one hundred and seventy-five is hereby amended by 
adding at the end thereof the following paragraph: — 

The word "employer", as used in this section and in section "Employer" 
one hundred and thirty-seven, shall include a trade union or tradTunion, 
association of wage workers described in section twenty-nine f/^''- 
and the word "employee", as used in this section and in to^ndlTde^ 
section one hundred and thirty-five, shall include a member of ^|™J^uni°n 
such a union or association. Approved April 17, 1928. etc. 

An Act authorizing the town of north attleborough nhfj^ry 045 
TO reimburse certain persons for expenses incurred ^' 

IN laying water mains and sewer pipes in certain 
streets in said town and to borrow money for a 
part of the expense thereof. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of reimbursing the persons Town of North 
hereinafter specified for expenses incurred by them in lay- may^r^mburse 
ing water main extensions and sewer connections in the 5®'"*^^" persona 
streets hereinafter designated, the town of North Attle- incurred in 
borough may appropriate money as follows: For a water mains aifd^"^ 
main extension in Ta3dor street, Jacob Genensky, one thou- f^'^grtain^ 
sand three hundred fifty-six dollars and forty-six cents; for streets in 
a water main extension in Metcalf street, Martin Jensen, four ^^"^ *^°^°' 
hundred thirty-four dollars and forty-two cents; for a water 
main extension in Hixon court, Albert R. Brais, one thousand 
four hundred seventy-eight dollars and forty-two cents; for 
a water main extension in South Washington street, Henry 
Johnson, one thousand nine hundred twenty-nine dollars and 
eight cents; for a water main extension in Cumberland 
avenue, G. Ferullo Construction Company, eight thousand 
nine hundred four dollars and ten cents; for a water main 
extension in Commonwealth avenue, Earlc C. Foster, one 
thousand three hundred eighty-four dollars and thirty-nine 
cents; and for a sewer connection in Hixon court, Albert 
R. Brais, two thousand four hundred seventy-six dollars 
and eighty-seven cents. 

Section 2. For the purpose of providing the funds for 
the appropriations authorized by section one of this act for 
water main extensions, said town may borrow such sum as 
may be necessary, not exceeding fifteen thousand five hun- 
dred dollars, and may issue bonds or notes therefor, which 
shall bear on their face the words, North Attleborough North Attie- 
Water Main Extensions Reimbursement Loan, Act of 1928. MaTlkt^n-^' 
Such loan shall be paid in not more than five years from its bursement' 
date. Indebtedness incurred under this act shall be in ex- Loan, 
cess of the statutory limit, but shall, except as provided ^''*° * • 
herein, be subject to chapter forty-four of the General Laws. 

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

Approved April 17, 1928. 



252 



Acts, 1928. — Chaps. 246, 247. 



Chap.24:Q An Act providing for the further improvement of the 

AIRCRAFT LANDING FIELD IN EAST BOSTON. 

Be it enacted, etc., as follows: 

Section 1. The department of public works of the com- 
monwealth is hereby authorized and directed to expend or 
supervise the expenditure of, for grading, filling, resurfacing, 
illuminating and otherwise improving the aircraft landing 
field in East Boston, such sums as the city of Boston may 
from time to time appropriate. The said city of Boston is 
hereby authorized to appropriate money as aforesaid and 
to raise the same by taxation. 

Section 2. This act shall take effect upon its acceptance 
during the current year by vote of the city council of said 
city, subject to the provisions of its charter, but not other- 
wise. Approved April 17, 1928. 



Improvement 
of aircraft 
landing field 
in East 
Boston. 



Submission to 
city council, 
etc. 



Chap. 2^1 An Act relative to the salaries of the registers of 

DEEDS AND ASSISTANT RECORDERS OF THE LAND COURT FOR 
THE NORTHERN DISTRICT OF BRISTOL COUNTY, FOR THE 
FALL RIVER DISTRICT OF SAID COUNTY AND FOR HAMP- 
SHIRE COUNTY. 

Be it enacted, etc., as follows: 

Chapter thirty-six of the General Laws, as amended in 
section thirty-four by section one of chapter four hundred 
and twenty-two of the acts of nineteen hundred and twenty- 
one, is hereby further amended by striking out said section 
thirty-four and inserting in place thereof the following: — 
Section 34- In the year following each state and national 
census, said salaries shall be adjusted by each county treas- 
urer in accordance with the classification set forth in the 
preceding section, based upon population as ascertained 
by said census and upon the average annual gross income for 
the five years next preceding January first in the year of 
adjustment, and shall be paid as of said day; provided, that 
seventy per cent only of all income received after May 
twentieth, nineteen hundred and twenty, shall be taken as 
a basis for computing said average annual income, and pro- 
vided, further, that the register of deeds and assistant re- 
corder of the land court for the northern district of Bristol 
county, for the Fall River district of Bristol county, for 
Hampshire county and for the northern district of Middle- 
sex county shall receive fifteen per cent of the average annual 
gross income, computed as provided in this section, instead 
of ten per cent. No salary of a register or assistant register 
in office July twenty-fourth, nineteen hundred and nineteen 
shall be diminished by reason of any such adjustment thereof. 

Approved April 17, 1928. 



G. L. 36, § 34, 
etc., amended. 



Kegisters of 
deeds, 

adjustment of 
salaries in 
year following 
census. 



Provisos. 



Acts, 1928. — Chap. 248. 253 

An Act relative to the retirement of members of the QhQry 248 

STATE RETIREMENT ASSOCIATION FOR DISABILITY AND TO ^' 

PAYMENTS TO FAMILIES OF MEMBERS WHO DIE FROM IN- 
JURIES RECEIVED IN THE LINE OF DUTY. 

Be it enacted, etc., as follows: 

Section 1. Section two of chapter thirty-two of the g. l. 32, § 2, 
General Laws, as amended by section one of chapter four etc amended. 
hundred and thirty-nine and by sections four and five of 
chapter four hundred and eighty-seven, both of the acts of 
nineteen hundred and twenty-one, by chapter two hundred 
and sixty-four of the acts of nineteen hundred and twenty- 
four and by chapter twelve of the acts of nineteen hundred 
and twenty-five, is hereby further amended by striking out 
paragraph (8) and inserting in place thereof the following : — 
(8) Retirement of a member for ordinary disability shall be state retire- 
made by the board on the written application of the head of ^gociation, 
the department in which the member is employed or of the retirement of 

, *^ r. , • • 1 • 1 1 ic -r- 1 • • 11 members for 

member, or of a person acting in his behalf ii he is incapable disabUity. 
of acting, filed with the board not later than two years after 
the date of the member's last salary pajonent, if it appears to 
the board that said member has not attained age sixty, that 
he has had fifteen or more years of continuous service im- 
mediately preceding the application, that he is permanently 
physically or mentally incapacitated for the performance of 
duty as shown by a written report of a physician selected by 
him and that such incapacity did not result from his own 
vicious habits, intemperance or wilful misconduct. The Computation 
retirement allowance of a member retired under this para- ° ^ o^anee. 
graph shall be computed at his age nearest birthday under 
paragraphs (2) B and (2) C of section five, subject, however, 
to the provisions of paragraph (2) E of said section, and shall 
be payable not earlier than the date of receipt by the board 
of such application. 

Section 2. Said section two of said chapter thirty-two, g. l. 32, § 2, 
as amended as aforesaid, is hereby further amended by add- ^^^' '*™^"'*®'^- 
ing at the end thereof the following new paragraph : — 

(11) The word "injuries", as used in paragraphs (9) and ^ggj^'^'®®" 
(10) of this section, shall mean any injury which is a natural 
and proximate result of an accident occurring in the per- 
formance and within the scope of duty and without fault of 
the member. The board may employ special examiners Special 
whenever, in its judgment, it is necessary to assist in deter- ©''ammers. 
mining the degree of disability under paragraph (8) or (9) 
of this section. The fee of each such examiner, not exceed- See- 
ing ten dollars in amount in any one case, shall be paid by the 
commonwealth. The decision of the board on the question of ^o^^^'finaf. 
disability and retirement under said paragraph (8) or (9) 
shall be final. Payments under paragraph (10) shall not be when pay- 
made as of a date earlier than that of the receipt by the par^ao'^slfaii 
board of written application therefor, except that payments ^e made, etc.i 



254 



Acts, 1928. — Chaps. 249, 250. 



to a child of a deceased member shall date from the day as of 
which payments to his widow shall terminate. 

Approved April 17, 1928. 



Chap. 249 An Act to authorize the town of blandford to take 

OVER THE PROPERTIES AND TO ASSUME THE OBLIGATIONS 
OF THE BLANDFORD FIRE DISTRICT. 



Town of Bland- 
ford may take 
over properties 
and assume 
obligations of 
Blandford 
fire district. 



Certain acts, 
suits, proceed- 
ings, etc., not 
affected. 



Effective upon 
acceptance, etc. 



Be it enacted, etc., as follows: 

Section 1. The town of Blandford is hereby authorized 
to take over all the property, rights, powers and privileges of 
the Blandford fire district, as established by chapter two 
hundred and eighty-three of the acts of nineteen hundred 
and eight and extended by section one of chapter two hun- 
dred and sixty-seven of the acts of nineteen hundred and 
thirteen, and assume all the duties and obligations of said 
district, and shall thereby become in all respects the lawful 
successor of said district. 

Section 2. The provisions of this act shall not affect any 
act done, ratified or confirmed by the said district or any of 
its officers prior to the effective date of this act, nor any right 
accrued or estabhshed, nor any action, suit or proceeding 
commenced or had in a civil case, nor shall it impair the 
validity of any of the notes, bonds or other obligations of the 
said district outstanding on said date. 

Section 3. This act shall take effect upon its acceptance 
by a majority vote of the voters of the Blandford fire district 
present and voting thereon at a meeting called for the pur- 
pose and by a majority vote of the voters of the town of 
Blandford present and voting thereon at its next annual 
town meeting, but for the purpose of such acceptances it 
shall take effect upon its passage. 

Approved April 17, 1928. 



Chap. 250 An Act relative to the abolition of parker street 

GRADE crossing IN THE CITY OF LAWRENCE. 



Emergency 
preamble. 



Abolition of 
Parker street 
grade crossing 
in city of 
Lawrence, by 
special com- 
mission, etc. 



Whereas, The deferred operation of this act would tend 
to defeat its purpose, therefore it is hereby declared to be 
an emergency law, necessary for the immediate preserva- 
tion of public convenience. 

Be it enacted, etc., as follows: 

Section 1. The special commission appointed by the 
superior court for Essex county for the abolition of the grade 
crossing of the Boston and Maine railroad known as the 
Parker street grade crossing, in the city of Lawrence, or any 
other special commission appointed for the purpose, is hereby 
authorized to order the abolition of said grade crossing by 
raising the railroad tracks and depressing the highway and 
carrying it under said tracks. The roadway under said 
tracks and its approaches shall be sixty feet in width, and the 
northerly approach thereto shall be altered in location so as 



Acts, 1^28. — Chap. 250. 255 

tc enter Merrimack street opposite the southerly end of the 
Central bridge so-called, and the remainder of the present 
northerly approach outside the limits of its alteration as 
aforesaid discontinued. All construction shall conform Construction 
with the plan for a new passenger station, its approaches, ^rtaln^pkna" 
platforms, stairways and other appurtenances, which is to 
be constructed by said railroad on the northerly side of the 
railroad tracks about opposite the southerly end of said 
Central bridge, and be otherwise in accordance with two 
plans agreed upon by the Boston and Maine Railroad and . 
the city of Lawrence, prepared by the chief engineer of said 
railroad and marked "Issue C 12-28-27". One of said two 
plans is further marked "E G C Parker St., Lawrence, 
Mass.", the other is further marked "Profile for E G C 
Parker St., Lawrence, Mass." and the originals are on file 
in the office of the chief engineer of said railroad and blue 
print copies thereof are on file with the city engineer of the 
city of Lawrence. 

Section 2. The costs of carrying out the orders, recom- Costs, how 
mendations and decision of said special commission as con- *pp°'^'''°°^ • 
firmed by the court, including land damages, shall be borne 
in the following proportions: Such part of the costs of 
abolition as would be necessary to depress Parker street in 
its present location and at its present width of sixty feet and 
carry it under said railroad tracks with no changes in the 
location of the approaches to said crossing shall be paid, 
sixty-five per cent by said railroad, twenty-five per cent by 
the commonwealth and ten per cent by the city. The costs 
of any changes in the northerly approach to said grade 
crossing so as to enter Merrimack street about opposite the 
southerly end of said Central bridge, and of other changes 
incidental thereto, including land damages, together with the 
costs of any other changes requested by or for the benefit of 
the cit}^ and ordered by said special commission, shall be paid 
by the city. The costs of further changes in construction 
which are made necessary by the building of a passenger 
station by said railroad as aforesaid, over and above the 
costs of abolishing said Parker street grade crossing and 
changing the northerly approach thereto as above set forth, 
shall be paid by the railroad. 

Section 3. An auditor appointed under the provisions of '^".'^j*°'' *^ ^t 
sections sLxty-five to eighty-two, inclusive, of chapter one of parties per- 
hundred and fifty-nine of the General Laws, in addition to o7TOMtr11ctk)n. 
the power conferred upon him by the general laws, shall 
have authority to audit the accounts of the party or parties 
performing the work of construction called for by the de- 
cree of said special commission, and to report to the court Report to 
what amounts should be charged to the separation of the 
grades at Parker street by carrying it under the railroad 
tracks in its present location, and the amounts chargeable to 
changes in the location of the approaches to said crossing, 
and to other changes requested by or for the benefit of the 
city and ordered by said special commission, and to further 



256 



Acts, 1928. — Chap. 251. 



Filing with 
comptroller of 
commonwealth, 
etc. 



Taking by 
eminent 
domain. 
Recovery of 
damages. 



Certain pro- 
visions of law 
to apply to 
commission, 
etc. 



changes made necessary by the building of a passenger 
station by the raih'oad as aforesaid, and shall report his 
findings to said court, and the report of the said auditor when 
accepted by the court shall be final. A certified copy of 
such report and of the decree of the court shall be filed with 
the comptroller of the commonwealth. The findings of said 
auditor shall be reported to said court only after notice in 
writing to all interested parties, affording opportunity to 
examine said accounts and amounts, and to be heard before 
the auditor on his findings. 

Section 4. For any purpose authorized hereunder, land 
or any interest therein may be taken by eminent domain 
under chapter seventy-nine of the General Laws and any 
person damaged in his property by any action hereunder 
may recover his damages therefor under said chapter. 

Section 5. The provisions of said sections sixty-five to 
eighty-two, inclusive, of said chapter one hundred and 
fifty-nine, so far as they are not inconsistent with the pro- 
visions of this act, shall apply to said commission and to the 
execution of its decisions. Approved April 18, 1928. 



G. L. 29, new 
section after § 9. 

Metropolitan 
district com- 
mission to 
include in its 
budget 
estimates 
certain 
contributions 
by common- 
wealth as 
pensions, etc. 



Chap. 251 -^N Act relative to reimbursement by the cities and 

TOWNS OF THE SEVERAL METROPOLITAN DISTRICTS OF SUMS 
PAID ON THEIR ACCOUNT BY THE COMMONWEALTH UNDER 
THE STATE RETIREMENT LAW. 

Be it enacted, etc., as follows: 

Section 1. Chapter twenty-nine of the General Laws is 
hereby amended by inserting after section nine the following 
new section : — Section 9 A . The metropolitan district com- 
mission shall include in its budget estimates for each of the 
functions under its control for each fiscal year after that 
ending November thirtieth, nineteen hundred and twenty- 
eight, an item covering the amounts contributed by the com- 
monwealth as pensions under sections one to five, inclusive, 
of chapter thirty-two during the preceding fiscal year on 
account of the death or retirement of employees, officers and 
officials formerly employed in the performance of such func- 
tion, including, in the case of those whose services cannot be 
entirely allocated to any one function, those parts of such 
amounts properly allocable to such function and also includ- 
ing as employed in the performance of its water function 
those employed by the metropolitan district water supply 
commission, and the amount of such item shall be assessed 
upon the proper district as a part of the cost of the mainte- 
nance of such function; provided, that, in the case of em- 
ployees, officers and officials formerly employed in the per- 
formance of its boulevard functions, only one half the 
amounts contributed by the commonwealth as pensions as 
aforesaid shall be so included and assessed. After an appro- 
priation has been made covering each such item, the amount 
thereof shall be approved for payment by the metropolitan 
district commission as a part of the cost of maintenance of 



Proviso. 



Acts, 1928. — Chaps. 252, 253. 257 

the function for which the estimates were made and shall be 
credited to the general revenue of the commonwealth. 

Section 2. The state treasurer shall add an amount equal fo add amo"unt 
to all amounts contributed by the commonwealth as pensions equal to aii 

, ,. , n • ^ • /•Lj.ii'i.x r contributiona 

under sections one to nve, mclusive, oi chapter tnirty-two oi by common- 
the General Laws, or corresponding provisions of earlier laws, p^g-ona^etc. 
during the period of six years prior to December first, nine- 
teen hundred and twenty-seven, on account of the death or 
retirement of employees, officers and officials formerly em- 
ployed in the performance of each function of the metro- 
politan district commission, or of its predecessors, including, 
in the case of those whose services cannot be entirely allo- 
cated to any one function, those parts of such amounts prop- 
erly allocable to such function, as certified to him by said 
commission, to the annual assessments for the maintenance 
of such function for the current year, except that, in the case 
of employees, officers and officials formerly employed in the 
performance of its boulevard functions, only one half the 
amounts contributed by the commonwealth as pensions as 
aforesaid shall be so certified to him by said commission; 
and the sums so added and collected by assessment shall be 
credited by him to the general revenue of the commonwealth. 

Approved April 18, 1928. 

An Act relative to the amount of pension payable to Chap. 252 

FIREMEN IN CITIES. 

Be it enacted, etc., as follows: 

Section eighty-one of chapter thirty-two of the General ^^^n^ed j ^'• 
Laws is hereby amended by striking out, in the fourth line, 
the words "payable to him during the last year of his serv- 
ice" and inserting in place thereof the words: — received by 
him at his retirement, — so as to read as follows: — Section Amount of 
81. Any permanent member of a fire department retired payable to 
under the preceding section shall receive an annual pension, ^^t^^^e^" 
payable monthly, equal to one half of the annual salary or 
other compensation received by him at his retirement. The 
pension of any call or substitute call fireman retired under 
said section shall be the same as that of a permanent member 
of the first grade of the same department in which he served, 
or, if there be no grades, his compensation shall be that of a 
permanent member of the department performing duties like 
those which he performed. Approved April 18, 1928. 

An Act authorizing the town of provinc;etown to ac- Chap. 25^ 

QUIRE RAILROAD WHARF, SO-CALLED, AND CERTAIN ADJA- 
CENT property in SAID TOWN. 

Be it enacted, etc., as follows: 

Section L The town of Provincetown is hereby au- Town of 
thorized to acquire by purchase or gift a parcel of land located may a'cqu°rT 
in said town between Commercial street and the waters of ^f^'^^^^^j 
Provincetown harbor, together with the wharf adjacent certain 



258 



Acts, 1928. — Chap. 254. 



adjacent 
property in 
said town. 



Powers of 
selectmen. 



Submission 
to voters, etc. 



Proviso. 



thereto known as Railroad wharf, now owned or leased by 
The New York, New Haven and Hartford Railroad Com- 
pany, and said town may maintain and operate said property 
as a wharf and public landing. 

Section 2. The powers conferred by this act may be 
exercised by the selectmen, who shall also have power to make 
rules and regulations governing the use of said wharf and 
public landing, subject, however, to such rules and regula- 
tions as the town may from time to time fix by vote. 

Section 3. This act shall be submitted to the voters of 
the town of Provincetown, at any time within three years 
after its passage, either at an annual meeting, or at a special 
meeting called for the purpose, and it shall take effect only 
upon its acceptance by a majority of the voters present and 
voting thereon; provided, that not more than one such special 
meeting shall be called in any calendar year. So much of this 
act as authorizes its submission as aforesaid shall take effect 
upon its passage. Approved April 18, 1928. 



Chap. 254: An Act providing for the establishment of a right of 

WAY FOR PUBLIC ACCESS TO BUCKS POND, ALSO KNOWN AS 
walker's pond, in the town of HARWICH. 



County com- 
missioners of 
Barnstable 
county may 
lay out a right 
of way for 
public access 
to Bucks pond 
in town of 
Harwich. 
Taking of land 
by eminent 
domain. 



Recovery of 
damages, etc. 



Proviso. 



Barnstable 
county or any 
town therein 
not liable for 
injury to 
persons 
traveling on 
right of way. 
Proviso. 



Be it enacted, etc., as follows: 

Section 1. The county commissioners of Barnstable 
county are hereby authorized and directed to lay out a right 
of way in the town of Harwich to Bucks pond, also known as 
Walker's pond, in said town for public access to said pond, 
in accordance with plans therefor approved by the depart- 
ment of public works and showing the location and dimen- 
sions of such right of way. If it is necessarj^ to acquire land 
for the purpose of laying out such right of way the commis- 
sioners shall at the time such right of way is laid out take such 
land by eminent domain under chapter seventy-nine of the 
General Laws. Any person sustaining damages in his prop- 
erty by the laying out of such right of way, or by specific 
repairs or improvements thereon, shall be entitled to recover 
the same under said chapter seventy-nine; provided, that 
the right to damages, if any, shall vest upon the recording of 
an order of taking by the commissioners and that no entry or 
possession for the purpose of constructing a public way on 
land so taken shall be required for the purpose of validating 
such taking or for the payment of damages by reason thereof. 

Section 2. The selectmen of the town of Harwich from 
time to time may make specific repairs on or improve such 
way to such extent as they may deem necessary, but the 
county of Barnstable, or any town therein, shall not be re- 
quired to keep such right of way in repair nor shall they be 
liable for injury sustained by persons traveling thereon; pro- 
vided, that sufficient notice to warn the public is posted 
where such way enters upon or unites with an existing public 
way. 



Acts, 1928. — Chaps. 255, 256. 259 

Section 3. All expenses incurred by the commissioners Expenses, by 
in connection with such right of way shall be borne by the "^ °™ ^*' ' 
county of Barnstable, or by such towns therein and in such 
proportion, as the commissioners may determine. 

Section 4. Said right of way shall not be discontinued fnce?"^""" 
or abandoned unless authorized by the general court. 

Section 5. Nothing in this act shall be construed to Certain 
abridge or limit the powers of the department of public abridg^ed!* 
health or of any local board of health under general or special 
law. Approved April 18, 1928. 

An Act extending the benefits of state aid to certain QJidjy 255 

WIDOWS OF WORLD W'AR AND OTHER VETERANS. 

Be it enacted, etc., as follows: 

Chapter one hundred and fifteen of the General Laws, as g. l. lis, § 7. 
amended in section seven by section three of chapter two etc., amended, 
hundred and twentj^-two of the acts of nineteen hundred and 
twenty-one, by chapter two hundred and twenty-nine of the 
acts of nineteen hundred and twenty-two and by chapter 
two hundred and eighty of the acts of nineteen hundred and 
twenty-four, is hereby further amended by striking out said 
section seven and inserting in place thereof the following: — 
Section 7. The wife of a discharged soldier or sailor shall Restrictions 

rir • 1 111 as to allow- 

not be held to belong to any oi the loregomg classes, nor shall ances of state 

she receive state aid unless, if the service of the soldier or widowro^'*'" 
sailor was in the war with Spain, the Philippine Insurrection ^nd other 
or the China Relief Expedition, she was married to him before veterans, 
his final discharge from such service, and, if his widow, before 
April eleventh, nineteen hundred and fifteen, and if his serv- 
ice was in the civil war unless she was, if his wife, married to 
him prior to his final discharge from such service, and, if his 
widow, prior to June twenty-seventh, eighteen hundred and 
ninety, and if the service of the soldier or sailor was on the 
Mexican border or in the world war unless she was, if his 
wife, married to him prior to his final discharge from the 
service or release from active duty therein, and, if his widow, 
prior to January first, nineteen hundred and twenty-eight. 
{The foregoing was laid before the governor on the seventeenth 
day of April, 1928, and after five days it had "the force of a 
law", as prescribed by the constitution, as it was not returned 
by him with his objections thereto within that time.) 

An Act establishing the salaries of the justice, clerk Chav.256 

AND assistant CLERKS OF THE MUNICIPAL COURT OF THE 
CHARLESTOWN DISTRICT. 

Be it enacted, etc., as follows: 

Section 1. Section seventy-six of chapter two hundred ^g^amenUd' 
and eighteen of the General Laws, as amended by section 
one of chapter three hundred and fifty-five of the acts of nine- 
teen hundred and twenty-one, by section one of chapter four 
hundred and eighty-four and section one of chapter five hun- 



260 



Acts, 1928. — Chaps. 257, 258. 



Salaries of 
justice and 
clerlv of 
Boston 
juvenile court. 

Salaries of 
justices of 
certain munic- 
ipal courts. 



Salaries of 
justices of 
certain district 
courts. 



Submission 
to city council, 
etc. 



dred and five, both of the acts of nineteen hundred and 
twenty-four, and by section one of chapter two hundred and 
ninety-four of the acts of nineteen hundred and twenty- 
seven, is hereby further amended by striking out, in the 
sixth hne, the words "four thousand" and inserting in place 
thereof the words : — forty-five hundred, — so as to read as 
follows: — Section 76. The salary of the justice of the Bos- 
ton juvenile court shall be five thousand dollars, and that of 
the' clerk of said court an amount equal to seventy-five per 
cent of the salary of the justice. The salary of the justice of 
the municipal court of the Charlestown district shall be fortj^- 
five hundred dollars. The salary of the justice of the munic- 
ipal court of the South Boston district shall be forty-five hun- 
dred dollars. The salaries of the justices of the following 
district courts shall severally be as follows: First district 
court of Barnstable, twenty-two hundred dollars; second 
district court of Essex, twenty-four hundred dollars; second 
district court of Plymouth, thirty-two hundred dollars; third 
district court of Plymouth, twenty-five hundred dollars; 
fourth district court of Plymouth, twenty-five hundred 
dollars. 

Section 2. This act shall take effect upon its acceptance 
during the current year by vote of the city council of the city 
of Boston, subject to the provisions of its charter, but not 
otherwise. " Approved April 25, 1928. 



Chap.257 An Act authorizing the trustees of the episcopal 

THEOLOGICAL SCHOOL IN CAMBRIDGE TO HOLD ADDITIONAL 
REAL AND PERSONAL ESTATE. 

Be it enacted, etc., as follows: 

Section two of chapter one hundred and forty-one of the 
acts of nineteen hundred and twenty-two is hereby amended 
by striking out, in the third line, the word "three" and in- 
serting ii\ place thereof the word: — five, — so as to read as 
follows : — Section 2. The Trustees of the Episcopal Theo- 
logical School at Cambridge are hereby authorized to hold 
real and personal estate to the amount of five million dollars 
for the purposes named in their act of incorporation ; and no 
gift, devise, bequest or conveyance of real or personal estate 
heretofore made to said corporation shall be invalid by reason 
of the limit heretofore imposed by law upon the amount of 
such estate allowed to be held by it. 

Approved April 25, 1928. 



1922, 141, § 2, 
amended. 



Trustees of the 

Episcopal 

Theological 

School in 

Cambridge 

may hold 

additional 

real and 

personal 

estate. 



Chap. 25S An Act subjecting the office of chief of the fire de- 
partment OF the city of GARDNER TO THE CIVIL SERVICE 
LAWS. 

Be it enacted, etc., as follows: 
Office of^chief SECTION 1. The officc of chicf of the fire department of 
mentof city the city of Gardner shall, upon the effective date of this act, 
pia'^edlTnder bccome subjcct to the civil service laws and rules and regula- 



Acts, 1928. — Chap. 259. 261 

tions relating to permanent members of fire departments of fawl^*"^'''''® 
cities, and the term of office of any incumbent thereof shall 
be unlimited, except that he may be removed in accordance 
with such laws and rules and regulations; but the person 
holding said office on said effective date may continue therein 
without taking a civil service examination. 

Section 2. This act shall be submitted for acceptance Submission 
to the registered voters of the city of Gardner at its city ^ ''°*^"' ^*''- 
election in the current year in the form of the following ques- 
tion which shall be placed upon the official ballot to be used 
at said election: "Shall an act passed by the general court 
in the year nineteen hundred and twenty-eight, entitled 'An 
Act subjecting the office of chief of the fire department of the 
city of Gardner to the civil service laws', be accepted?" If 
a majority of the voters voting thereon vote in the affirmative 
in answer to said question, this act shall thereupon take 
effect, but not otherwise. Approved April 25, 1928. 

An Act providing for the construction of a public Chap. 259 

HIGHW^AY with RIPRAP PROTECTION ALONG THE SHORE OF 
DORCHESTER BAY IN THE SQUANTUM DISTRICT OF THE CITY 
OF QUINCY. 

Be it enacted, etc., as follows: 

Section 1. Subject to the conditions herein imposed, the The department 
department of public works is hereby authorized and directed wo?ks^may 
to lay out and construct a public highway fifty feet in width, '^ y^fic^hi* h- 
with riprap protection along the shore of Dorchester bay in way along 
the city of Quincy from a point at the junction of East DorcVelter 
Squantum street and Dorchester street to a point known as ^^y^'^. 

,,, ,,, r^^ 1 if • 1- • 1 oQuantum 

the park or Shoreham street. After its completion said district of 
highway shall be maintained by said city. "*^ °^ Qumcy. 

Section 2. For the aforesaid purpose, and for the pay- Expenditure. 
ment of damages incident thereto, the department may 
expend a sum not exceeding fifty-one thousand dollars, but 
no work shall be begun until the county of Norfolk, the city 
of Quincy and the city of Boston have 'each contributed and 
paid into the state treasury the sum of seventeen thousand 
dollars; provided, that if the total cost of said highway and Proviso- 
riprap shall be less than fifty-one thousand dollars, the 
balance shall be repaid in equal amounts to the city of 
Quincy, the city of Boston and the county of Norfolk. 

Section 3. For the purpose of meeting the payment re- Norfolk county 
quired to be made by the county of Norfolk under this act, boTrow mS^ey, 
the county treasurer with the approval of the county com- ^s^s^ue notes, 
missioners may borrow on the credit of the county such sums 
as may be necessary, not exceeding, in the aggregate, seven- 
teen thousand dollars, and may issue notes of the county 
therefor. Such loans shall be paid within one year from their 
dates and shall be signed by the treasurer of the county and 
countersigned by the county commissioners. Each au- 
thorized issue shall constitute a separate loan. 

Approved April 25, 1928. 



262 



Acts, 1928. — Chap. 260. 



G. L. 148, § 14, 
etc., amended. 



Licenses for 
storing, manu- 
facturing, etc., 
explosives, etc. 



Public hearing, 
notice, etc. 



Chap. 260 An Act relative to the term of garage and certain 

OTHER licenses, PERMITS AND REGISTRATIONS AND TO 
THE FEES THEREFOR. 

Be it enacted, etc., as follows: 

Section 1. Chapter one hundred and forty-eight of the 
General Laws, as amended in section fourteen by section 
three of chapter four hundred and eighty-five of the acts of 
nineteen hundred and twenty-one, by chapter two hundred 
and fifty-four of the acts of nineteen hundred and twenty- 
four and by section one of chapter three hundred and 
thirty-five of the acts of nineteen hundred and twenty-five, 
is hereby further amended by striking out said section four- 
teen and inserting in place thereof the following : — Sec- 
tion 14- No building or other structure shall, except as 
provided in section fifteen, be used for the keeping, storage, 
manufacture or sale of any of the articles named in section 
ten, except fireworks, firecrackers and torpedoes, unless the 
aldermen or selectmen shall have granted a license therefor 
after a public hearing, held in the case of cities by the alder- 
men or any committee thereof designated by them, notice 
of the time and place of which hearing shall have been given, 
at the expense of the applicant, by the clerk of the city or 
by the selectmen, by publication, not less than seven days 
prior thereto, in a newspaper published in the representa- 
tive district, if any, otherwise in the city or town, wherein 
the land on which such license is to be exercised is situated, 
and also by the applicant by registered mail, not less than 
seven days prior to such hearing, to all owners of real estate 
abutting on said land, and unless a permit shall have been 
granted therefor by the marshal or by some official desig- 
nated by him for the purpose; provided, that any building 
or other structure once used under a license and permit 
granted as aforesaid, or any building or other structure 
lawfully used for any of said purposes, may be continued in 
such use from year to ^ear if the owner or occupant thereof 
shall annually, on or before April thirtieth, while such use 
continues, file for registration with the clerk of the city or 
town where such building or other structure is situated, and 
with the marshal or the official designated by him to grant 
permits in such city or town, a certificate reciting such use 
and occupancy; and provided, further, that any building 
used as a garage for storing not more than two vehicles, 
used wholly for private purposes by the owner or occupant 
of such building, no part of which building is let out for 
hire, when once used under such a license and permit, may 
be continued in such use from year to year without such 
annual registration, and continuous use and occupancy 
thereof for such purpose shall be presumed. The depart- 
ment may by regulation prescribe the amount of explosives, 
crude petroleum or any of its products, or of any other 
inflammable fluid or compound, that may be kept for private 



Permits by 
state fire 
marshal, etc. 

Provisos. 



Regulation for 
keeping of 
explosives, etc., 
for private 
use without 
license, etc. 



Acts, 1928. — Chap. 261. 263 

use in a building or other structure without a license, permit 
or registration, or any of them. 

Every license and permit issued hereunder shall expire on Expiration of 
April thirtieth following the date of issue, and registrations ''*'®"^^' ''*'^- 
hereunder shall be effected on or before April thirtieth to 
take effect on May first following. Such fee as may be Fees. 
established from time to time by ordinance or by-law may 
be charged for any such license, permit and registration, 
respectively; provided, that the fee for such registration Proviso. 
shall be one half of the amount of the fee for such a license. 

The right to use a building or other structure for any of Ji'gh°a';^etr °^ 
said purposes may be revoked for cause, after notice and a 
hearing given to such owner or occupant, by the aldermen 
or selectmen having authority to grant licenses for such use, 
or by the marshal. Such building or structure shall always Buildings, etc., 
be subject to such alterations in construction and to such alterations, etc. 
regulations of its use in respect to protection against fire or 
explosion as the department may prescribe. 

Section 2. Every license, permit and registration as Expiration of 
aforesaid in effect on the effective date of this act, or issued efflct oV" 
or effected after said date and prior to April thirtieth, nine- oflct^te.^*^ 
teen hundred and twenty-nine, except a registration to take 
effect on May first, nineteen hundred and twenty-nine, 
shall, unless sooner revoked, expire on said April thirtieth. 

Approved April 26, 1928. 

An Act authorizing the boston young men's christian Chav.2Q\ 

ASSOCIATION and THE NORTHEASTERN UNIVERSITY OP THE 
BOSTON YOUNG MEn's CHRISTIAN ASSOCIATION TO MAKE 
CONTRACTS TO PAY ANNUITIES. 

Be it enacted, etc., as follows: 

Section 1. The Boston Young Men's Christian Associa- Boston Young 
tion, a corporation established by law in this commonwealth, As^sociatioT '^° 
may, in consideration of the receipt of funds to be devoted to ^X"cts to 
the purposes for which it is incorporated, bind itself to pay pay annuities, 
fixed yearly sums, or the whole or a part of the income accru- ^^°' 
ing from such funds, in one or more payments each year to 
such person or persons as may be agreed upon, for a term of 
years or for the life of such person or persons. Any funds 
so received by said corporation shall be held by it in trust, 
upon such terms and conditions as may be agreed upon by it 
and the person or persons from whom such funds were so 
received, until the termination of the agreement under the 
terms of which such funds were so received. 

Section 2. The Northeastern University of the Boston Northeastern 
Young Men's Christian Association, a corporation established thTfioston ° 
by law in this commonwealth, may, in consideration of the chrigfia^n®'^'^ 
receipt of funds to be devoted to the purposes for which it Association 
is incorporated, bind itself to pay fixed yearly sums, or the ^ntrMtsto 
whole or a part of the income accruing from such funds, in p^ annuities, 
one or more payments each year to such person or persons as 
may be agreed upon, for a term of years or for the life of such 



264 



Acts, 1928. — Chap. 262. 



person or persons. Any funds so received by said corporation 
shall be held by it in trust, upon such terms and conditions 
as may be agreed upon by it and the person or persons from 
whom such funds were so received, until the termination of 
the agreement under the terms of which such funds were so 
received. Approved April 26, 1928. 



Chav. 2Q2 An Act to regulate certain business transactions by 

TRUST companies WITH THEIR DIRECTORS AND OTHERS. 



G. L. 172, § 16, 
amended. 



Certain fees, 
etc., to officers, 
employees and 
attorneys of 
trust com- 
panies 
prohibited. 
Certain 
business 
transactions by 
trust companies 
with their 
directors, 
employees or 
attorneys 
permitted. 



Proviso. 



Be it enacted, etc., as follows: 

Section sLxteen of chapter one hundred and seventy-two 
of the General Laws is hereby amended by adding at the end 
thereof the following: — , or from sharing in commissions, 
profits or other benefits derived by any firm, association or 
corporation, in which he is interested, arising out of any 
transaction with said trust company in or in relation to securi- 
ties if such transaction is made in the regular course of busi- 
ness upon terms as favorable to the trust company as those 
offered to other persons, or if any such transaction is au- 
thorized either by the affirmative vote or the written assent 
of a majority of those members of the trust company's board 
of directors who are not interested in such transaction other- 
wise than as directors as aforesaid; provided, however, that 
the commissioner may require a full disclosure to be made on 
such forms as he may prescribe, by regulation or otherwise, 
of all commissions, profits and other benefits realized in any 
such transaction in or in relation to securities, — so as to read 
as follows: — Section 16. No officer, director, employee or 
attorney of a trust company shall be a beneficiary of or re- 
ceive, directly or indirectly, any fee, commission, gift or other 
consideration for or in connection with an}'' business of such 
corporation. This section shall not prohibit any such officer, 
director, employee or attorney from receiving interest on a 
deposit made by him or his usual salary or director's fee or a 
reasonable fee for services rendered to such corporation or 
from borrowing from such corporation in accordance with 
law, or from sharing in commissions, profits or other benefits 
derived by any firm, association or corporation, in which he is 
interested, arising out of any transaction with said trust com- 
pany in or in relation to securities if such transaction is made 
in the regular course of business upon terms as favorable to 
the trust company as those offered to other persons, or if any 
such transaction is authorized either by the affirmative vote 
or the written assent of a majority of those members of the 
trust company's board of directors who are not interested in 
such transaction otherwise than as directors as aforesaid; 
provided, however, that the commissioner may require a full 
disclosure to be made on such forms as he may prescribe, by 
regulation or otherwise, of all commissions, profits and other 
benefits realized in any such transaction in or in relation to 
securities. Approved April 26, 1928. 



Acts, 1928. — Chap. 263. 265 



An Act relative to the protection and propagation Chap. 263 

OF LOBSTERS. 

Be it enacted, etc., as follows: 

Section 1. Chapter one hundred and thirty of the g. l. i3o, § 92, 
General Laws is hereby amended by striking out section ^•^e'^'^ed. 
ninety-two and inserting in place thereof the following: — 
Section 92. The director shall, except as provided in the Director of the 
following section, purchase to the extent of the money pro- fisheries and 
vided therefor, and at a rate not above the wholesale market ^hSei°,P^g;g 
price of other lobsters, lobsters with eggs attached taken with eggs 
along the shores of the commonwealth. Whoever takes or ca^g\t\iong 
handles any such lobsters with eggs attached which are not commonwealth 
marked as provided in the following section may safely store etc. 
the same in lobster cars or sections of cars used for such 
purpose only, and shall keep them separate from other lob- 
sters until such time as the director or his agents gather and 
pay for the same. The director or his agents shall liberate 
said lobsters in the vicinity of their place of purchase. The 
commissioner of conservation in his annual budget estimates, 
filed pursuant to section three of chapter twenty-nine, shall 
include a statement of appropriation or appropriations 
recommended by him for the purpose of carrying out the ^ 
provisions of this section. 

Section 2. Said chapter one hundred and thirty is hereby g. l. 130, § 93, 
amended by striking out section ninety-three and inserting ^^^'^'^^'i- 
in place thereof the following: — Section 93. The director Purchased 
or his agents shall, before its release, mark each lobster marked ;*'po'^ses- 
purchased under the preceding section by punching a hole fobster^eti', 
in the middle flipper of its tail, and any lobster so marked prohibited." 
shall not again be purchased. Any person having in pos- Penalty, 
session any lobster so marked, except for the purposes of 
release as aforesaid, or any lobster mutilated in such manner 
as to hide or obliterate the said mark, shall be punished 
by a fine t)f not less than fifty nor more than two hundred 
dollars. 

Section 3. Section one hundred and four of said chapter g. l. 130, § 104, 
one hundred and thirty, as amended by section one of chap- ®*''' ^^^^nded. 
ter one hundred and sixteen of the acts of nineteen hundred 
and twenty-one, by chapter one hundred and sixty-one of 
the acts of nineteen hundred and twenty-two and by section 
one of chapter ninety-six of the acts of nineteen hundred and 
twenty-four, is hereby further amended by striking out, in 
the twenty-fifth line, the words "one dollar" and inserting 
in place thereof the words: — five dollars, — so as to read 
as follows: — Section 104- The clerk of any town in Essex, Certain city 
Middlesex, Suffolk, Norfolk, Plymouth, Barnstable, Bristol, t^^^°Z 
Dukes or Nantucket county, situated on the shores of the g^'g^^tch^"^^ 
commonwealth, shall grant licenses in the form prescribed lobsters, etc. 
and upon a blank furnished by the director, to catch or take 
lobsters from the waters of the commonwealth within three 
miles of the shores of the county where the town lies. Ex- 



266 



Acts, 1928. — Chap. 264. 



Licenses for 
aliens. 



Proviso. 



Licenses for 
certain non- 
residents. 



Expiration of 
licenses. 



Fee. 



Color, etc., of 
buoys to be 
stated, etc. 



Exhibition of 
licenses. 



Expenditure. 



Licenses to 

which 

applicable. 



cept as hereinafter provided, such Hcenses shall be granted 
only to individuals who are citizens of the commonwealth 
and who have resided therein for at least one year next pre- 
ceding the date of the same. The clerk of any such town may 
grant such a license to any individual who is an aHen and who 
resides in the county where the town lies; provided, that 
such alien has resided in said county, and has been actually 
engaged in lobster fishing in the waters of any of the afore- 
said counties, for five years next preceding December first, 
nineteen hundred and twenty, A non-resident citizen of the 
United States temporarily residing in any town granting such 
licenses may, during June, July, August and September in 
each year, upon payment of the fee required by this section 
procure a license to take lobsters for consumption by the 
licensee and his family only. Licenses, except those granted 
to non-residents, shall expire on December thirty-first next 
succeeding the granting of the same unless sooner revoked as 
provided in the following section. The town clerk granting a 
license shall collect therefor a fee of five dollars, which, less 
fifteen cents to be retained by him, shall be forwarded to the 
director on the first Monday of the following month, together 
with coupons provided by the director for a description of the 
licensee and his buoys, and for such other information as 
may be required. All books of forms furnished to town 
clerks under this section shall be returned to the director on 
January first of each year. Each applicant for a license shall 
state the color scheme or other special markings of the 
buoys to be used by him which shall be set forth in his license, 
and all buoys used by him shall be marked accordingly 
and also with the licensee's initials or name which shall be 
branded or cut into the surface of the buoy. A licensee un- 
der this section shall at all times, while acting in pursuance 
of the license, exhibit his license upon the demand of any 
officer quahfied to serve criminal process. 

Section 4. During the current fiscal year the director 
of the division of fisheries and game may expend for the 
purposes of this act such sum, not exceeding seventy-five 
hundred dollars, as the general court may appropriate, and 
may continue expenditures for said purposes after December 
first of the current year at the rate of ten thousand dollars a 
year until the general court has made an appropriation there- 
for or has otherwise acted. 

Section 5. Section three of this act shall apply to li- 
censes granted on and after January first, nineteen hundred 
and twenty-nine. Approved April 26, 1928. 



Chap. 2Q4: An Act authorizing the city of boston to exchange 

LAND WITH THE COMMONWEALTH FOR THE PURPOSES OF 
MARINE PARK IN SAID CITY. 

Be it enacted, etc., as follows: 

Bosto°nmay The city of Bostou, by vote of its city council approved 

exchange land by its mayor, is hereby authorized, in consideration of the 



Acts, 1928. — Chaps. 265, 266. 267 

conveyance to it for park purposes of land at least equal in with com- 
area, to convey to the commonwealth of Massachusetts, purposes of 
by deed approved by the attorney general, all the rights, in'so'Jftf'"^'' 
title and interest of said city in and to certain land and Boston, etc. 
flats at South Boston, being a part of an area, now known 
as Marine park, lying easterly of Farragut road and between 
said road and the flats of the commonwealth, and acquired 
by said city for the purposes of a public park under the 
provisions of chapter one hundred and eighty-five of the 
acts of eighteen hundred and seventy-five, and otherwise; 
and the state department of public works shall have charge 
of any land and flats conveyed to the commonwealth 
hereunder. Approved April 26, 1928. 

An Act relative to the supply of gas and electricity (Jhn^ 265 
TO cities and towns in certain cases. ^' 

Be it enacted, etc., as follows: 

Chapter one hundred and sixty-four of the General Laws g. l. i64, new 
is hereby amended by inserting after section one hundred l^t^o'i^fter 
and twenty-five the following new section: — Section 125 A. Gas or electric 
A gas or electric company which has been furnishing gas or su™piy?ig^gas 
electricity to a town under a contract that has expired may, °^ fi®*^*"°o ^ *■'' 
until a new contract for supplying gas or electricity to such may continue 
town has lawfully been made, continue to furnish the same same^a^er 
to such town notwithstanding any provision of a city charter ^^Pr^^'f'^"^-, 
or of general or special law or of any ordinance or by-law etc 
regulating the making of contracts by such town. The price, 
which the town shall be liable in contract to pay for gas or 
electricity so furnished, shall be in accordance with the terms 
of such expired contract or a schedule of rates filed under 
section ninety-four or as ordered by the department under 
the provisions of section ninety-three. 

Approved April 26, 1928. 

An Act relative to the administration and enforoe- Qhav 266 

MENT of the laws REGULATING THE TAKING, MARKETING 
AND TRANSPORTATION OF SHELLFISH. 

Be it enacted, etc., as follows: 

Section 1. Chapter one hundred and thirty of the g. l. i30, § iss, 
General Laws is hereby amended by striking out section one ^^^'^'^^'i- 
hundred and thirty-eight, inserted by section one of chapter 
three hundred and seventy of the acts of nineteen hundred 
and twenty-sLx, and inserting in place thereof the following : — 
Section 138. Whoever, without the written approval of the Penalty for 
commissioner of public health, digs or takes shellfish for any ^rt^l's^heiifish 
purpose from any area determined under the preceding sec- without 
tion, or corresponding provisions of earlier laws, to be con- Tpprovaiof 
taminated and while such determination is in force, or who- of pubilc""^'^ ■ 
ever knowingly transports or causes to be transported or has health. 
in possession shellfish so taken, or whoever makes use of a 
certificate issued under section one hundred and thirty-nine 



268 



Acts, 1928. — Chap. 266. 



Enforcement 
of provisions 
by fish and 
game wardens, 
etc. 



Superior court 
to nave 
jurisdiction in 
equity to en- 
force provisions, 
etc. 



What 

constitutes 
evidence of 
violation. 



G.L. 130, §139, 
amended. 



Department 
to issue 
certificates as 
to condition 
of tidal waters 
and flats and 
shellfish taken 
therefrom, etc. 



Certificates to 
meet certiiin 
requirements 
of United 
States. 



Form, contents, 
use, etc., of 
said certificates. 



Revocation and 
cancellation of 
certificates. 



after its revocation or cancellation as therein provided or 
wilfully fails to surrender the same at the request of said 
commissioner, shall be punished by a fine of not less than 
twenty nor more than one hundred dollars or by imprison- 
ment for not more than thirty days, or both. The provisions 
of this section shall be enforced by fish and game wardens 
and deputy fish and game wardens of the division of fisheries 
and game of the department of conservation assigned to 
enforce the shellfish laws and by all other officers authorized 
to make arrests. The superior court shall have jurisdiction 
in equity to enforce the provisions of this section and section 
one hundred and thirty-nine and of the rules and regulations 
of the department of public health made under said section 
one hundred and thirty-nine, and to restrain the violation 
thereof. In any prosecution for a violation of the provision 
of this section prohibiting the digging or taking, without 
the written approval of the commissioner of public health, of 
shellfish from areas determined to be contaminated, pos- 
session, except by a common carrier, of shellfish apparently 
so dug or taken shall be prima facie evidence of a violation 
of such provision. 

Section 2. Said chapter one hundred and thirty is 
hereby further amended by striking out section one hundred 
and thirty-nine, inserted by said section one of said chapter 
three hundred and seventy, and inserting in place thereof the 
following: — Section 139. Subject to such rules and regu- 
lations as it may promulgate, the department shall issue 
certificates relative to the condition of the tidal waters and 
flats and shellfish taken therefrom, in respect to contamina- 
tion, and, upon the request of and the payment of a fee of 
ten dollars by a person who buys shellfish or maintains an 
establishment for packing shellfish and desires to ship the 
same outside the commonwealth, and, upon the request of 
and the payment of a fee of two dollars by a person who digs 
or takes shellfish and desires to ship the same outside the 
commonwealth, the department may annually issue certifi- 
cates relative to the condition of the establishment or equip- 
ment of such person. The said certificates shall be in such 
form as will most effectively safeguard the public health and 
meet the provisions of the laws, rules, regulations or require- 
ments of the United States as to interstate commerce in 
shellfish and of other states in relation to the importation, 
inspection and consumption of shellfish within their respective 
limits. The department may also promulgate rules and 
regulations relative to the form, contents and use of said 
certificates to such extent as may be necessary to safeguard 
the public health and to enable the shellfish industry to com- 
ply with the said provisions. The commissioner of public 
health may revoke and cancel and require the surrender of 
any certificate issued under this section, if, in his opinion, 
after a hearing by the said commissioner or some person 
designated by him, the holder thereof is guilty of violating 
any such rule or regulation or any provision of this or the 



Acts, 1928. — Chap. 267. 269 

preceding section, or upon a change in the facts and condi- 
tions set forth in such certificate. Pending the hearing the 
certificate shall be deemed to be suspended. 

Approved April 27, 1928. 



An Act relative to the enlargement of the water 
system of the city of springfield and to the utiliz 



': Chap.2Q7 

ING OF THE FALL OF WATER THEREIN TO PRODUCE POWER. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of paying the necessary ex- city of 
penses and liabilities incurred or to be incurred incident to nfayTorfwv 
carrjdng out the purposes specified in chapter three hundred ""^^Jof 
and seventeen of the acts of nineteen hundred and six and enlarging its 
acts in amendment thereof, and in chapter one hundred and ^^stem. 
sixty-three of the Special Acts of nineteen hundred and eight- 
een, the city of Springfield may borrow from time to time 
such sums as may be necessary, not exceeding, in the aggre- 
gate, four million five hundred thousand dollars in addition to 
any amounts previously authorized, and may issue bonds or 
notes or certificates of indebtedness, in denominations of one 
thousand dollars or multiples thereof, for an amount equal 
to said sum of four million five hundred thousand dollars, plus 
the five hundred thousand dollars authorized by section six 
of said chapter one hundred and sixty-three and one million 
five hundred ten thousand dollars, being part of the four 
million dollars authorized by section one of chapter twenty- 
eight of the acts of nineteen hundred and twenty-four and still 
remaining unissued, which securities, not exceeding, in the 
aggregate, sLx million five hundred ten thousand dollars, shall 
bear on their face the words, Springfield Water Loan, Act of ^P^gj^^o^li 
1928. Each authorized issue shall constitute a separate loan. Act of 1928.' 
and such loans shall be payable in not more than thirty years 
from their dates and shall be paid by annual payments, each 
of such an amount that all said annual payments, including 
interest for the previous years on all securities of the same 
loan, shall be as nearly equal in amount as is practicable. 
Such annual payments of principal shall be in multiples of one 
thousand dollars. Indebtedness incurred hereunder 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, at the time of authorizing said j^*^™®°*°' 
loan or loans, shall provide for the payment thereof in ac- 
cordance with section one; and when a vote to that effect 
has been passed, a sum which, together with the income 
derived from water rates and the revenue derived from the 
sale of electricity under the provisions of said chapter one 
hundred and sixty-three or from the leases made under au- 
thority of this act, 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 pay- 
ments on the principal as may be required under the provi- 



270 



Acts, 1928. — Chap. 267. 



Temporary 
loans. 



City of 
Springfield 
may lease to 
certain electric 
companies 
exclusive right 
to operate, 
etc., buildings, 
machinery, 
etc., acquired 
by city for 
purpose of 
utilizing fall 
of water on 
VVestfield 
Little river for 
generation of 
electricity, etc. 



Proviso. 



Value of prop- 
erty to be 
taxed under 
1912, 607, § 3, 
and 1918 
(S), 163, § 5. 



sions of this act shall, without further vote, be assessed by the 
assessors of said city annually thereafter, in the same manner 
as other taxes, until the debt incurred by said loan or loans is 
extinguished. 

Section 3. The said city may, from time to time, make 
temporary loans in anticipation of the receipt of the proceeds 
of the sale of securities authorized in section one, and may 
issue notes therefor in the same manner and to the same 
extent as set forth in section seventeen of said chapter forty- 
four. 

Section 4. If said city, acting under the provisions of 
said chapter one hundred and sixty-three, shall utilize the 
fall of water on the Westfield Little river and its tributaries 
for the generation of electricity, said city, acting by its 
board of water commissioners, may, subject to the approval 
of the department of public utilities, lease to any electric 
company lawfully engaged or authorized to engage in the 
business of generating, transmitting or selling electricity in 
the commonwealth, for any period not in excess of thirty 
years, and for such rental as said board, subject to like ap- 
proval, may determine, the exclusive right to occupy, use and 
operate all or any part of the buildings, machinery, equip- 
ment and appurtenances erected or otherwise acquired by 
said city for the aforesaid purpose, together with the right 
to draw and use for such operation water from any reservoir 
or reservoirs now or hereafter constructed for said city upon 
said streams or any of them, and any such lease may also 
authorize the erection, maintenance, use and operation, 
during the term thereof upon the land owned by said city, 
of additional buildings, machinery, equipment and appur- 
tenances for the generation of electricity from the waters of 
said streams or any of them, the drawing and use of water as 
aforesaid for such operation and also the erection, mainte- 
nance, use and operation upon said land of transmission lines 
for the purpose of transmitting, for the purpose of sale and 
distribution, any electricity generated as aforesaid; provided, 
that every lease made as herein provided shall reserve to said 
city the absolute prior right to withdraw and use from said 
streams and reservoirs at any and all times whatever amounts 
of water it may require for the supply of water to itself and its 
inhabitants and to other municipalities and the inhabitants 
thereof and to corporations so far as the supply to such 
municipalities and the inhabitants thereof and to corporations 
may be permitted by any general or special law now or here- 
inafter in force, and shall also contain suitable provisions 
which in the opinion of said board will adequately secure to 
said city at all times the existence of a sufficient reserve supply 
of water for the aforesaid purpose in the reservoirs on the 
aforesaid streams. For the purposes of section three of chap- 
ter six hundred and seven of the acts of nineteen hundred and 
twelve and of section five of said chapter one hundred and 
sixty-three, the value of the property to be taxed thereunder 
shall be assumed to be as follows : — in Granville, one million 



Acts, 1928. — Chap. 268. 271 

one hundred thousand dollars; in Russell, three thousand 
dollars; and in Westfield, eight thousand dollars. 

Section 5. Said city, acting by its board of water com- city of spnng- 
missioners, may at any time within one year after the pas- tokew-Tcquire 
sage of this act take by eminent domain under chapter pJrteTn't'^^t 
seventy-nine of the General Laws, or acquire by purchase or of land used 
otherwise, for the purposes of said chapter three hundred and '^s ^ei^etery. 
seventeen, and acts in amendment thereof, and of said chapter 
one hundred and sixty-three, and may hold, maintain and 
improve for the purposes specified therein, that tract of land, 
about one acre in extent, situated on the Stephen H, Bodurtha 
farm in Blandford, now owned by said city, and used from 
time immemorial as a cemetery. 

Section 6. Said city, after taking said cemetery, shall, ^fXraen"of 
at its expense, remove the bodies interred therein to other bodies, 
suitable burial places, and shall remove all headstones and 
other monuments now standing in said cemetery, and, in a 
suitable manner, replace the same at or over the graves in the 
new burial places so that the bodies interred therein shall be 
indicated as they were in the said cemetery. 

Section 7. This act shall take effect upon its passage. 

Approved April 28, 1928. 



An Act authorizing the trustees of the irving & casson (Jfidp 268 

REALTY TRUST TO BUILD AND MAINTAIN A BLOWER PIPE 
ACROSS AND OVER OTIS STREET IN THE CITY OF CAMBRIDGE. 

Be it enacted, etc., as follows: 

Section 1. Upon petition and after seven days' notice Cambridge 
inserted in at least one newspaper published in the city of miyls^ue^per- 
Cambridge, and a public hearing thereon, the city council of "J't <■". trustees 
said city may, by a two thirds vote, with the approval of CassoJTReaity 
the mayor, issue a permit to the trustees of the Irving & Cambridge to 
Casson Realty Trust of Cambridge and their assigns, to ^'^'j^.^Pf 
construct and maintain a blower pipe over Otis street in blower pipe 
said city, at a point where said trust owns the land in fee on ove°r^oti"^ 
opposite sides of said street and also the fee in that part of ^'-''^et- 
the street to be crossed by said blower pipe, for the purpose 
of conveying shavings and sawdust from its shop at number 
one hundred and eight Cambridge street to its boiler room, 
above the roofs of its buildings at numbers twenty-five and 
twentj''-six Otis street, upon condition of such ownership and 
upon such further conditions and subject to such restrictions 
as the said city council may prescribe. Any permit so issued ^g^j.'J^f^^*^"'^ °^ 
may be revoked by vote of said city council, with the ap- 
proval of the mayor. 

Section 2. Any blower pipe constructed under a permit Restrictions 
granted as aforesaid shall be constructed and maintained at d!amete?. e*tc. 
a height not less than forty-five feet above the grade fine of 
said Otis street and shall not be more than twenty-five inches 
in diameter, and no part of said blower pipe or its supports 
shall rest on the surface of said street. 



272 



Acts, 1928. — Chap. 269. 



Liability for 
bodily injury 
or damage to 
property. 



Proviso. 



Remedy not 
exclusive. 



Repeal. 



Section 3. If a traveler on the highway while in the ex- 
ercise of due care sustains bodily injury or damage in his 
property by reason of the construction or maintenance of 
said blower pipe, he may recover damages therefor in an 
action of tort brought in the superior court against said 
Irving & Casson Realty Trust, or its assigns, within one year 
after the date of such injury or damage; provided, that such 
notice of the time, place and cause of the said injury or 
damage be given to said Irving & Casson Realty Trust, or its 
assigns, by, or on behalf of, the person sustaining the same 
as is, under the provisions of chapter eighty-four of the Gen- 
eral Laws, vahd and sufficient in cases of injury or damage 
sustained by reason of a defect or a want of repair in or upon 
a way, if such defect or want of repair is caused by or con- 
sists in part of snow or ice, or both. The remedy herein 
provided shall not be exclusive, but shall be in addition to 
any other remedy provided by law. 

Section 4. Chapter ninety-four of the acts of the current 
year is hereby repealed. 

Section 5. This act shall take effect upon its passage. 

Approved April 28, 1928. 



Chap. 2Q9 An Act regulating the importation and sale of shell- 
fish taken from grounds outside the commonwealth. 



G. L. 130, new 
section after 
§ 144. 

Restrictiona 
as to impor- 
tation and 
sale of shellfish 
taken from 
grounds 
outside com- 
monwealth. 



Proviso. 



To meet 
requirements 
of United 
States, etc. 



Penalty, 



Be it enacted, etc., as follows: 

Chapter one hundred and thirty of the General Laws is 
hereby amended by inserting after section one hundred 
and forty-four the following new* section: — Section 144^. 
No person shall transport, or cause to be transported, into 
this commonwealth, for consumption as food, any shell- 
fish taken or dug from grounds outside the commonwealth, 
or sell, cause to be sold, or offer or expose for sale, for 
consumption as aforesaid, any shellfish so taken or dug, 
unless there is on file in the department of public health 
a paper, approved by said department, in which the state 
board or department of health or other board or officer 
having like powers of the state where such grounds are situ- 
ated states that such grounds are free from contamination 
and also a paper approved as aforesaid in which such state 
board or department of health or other board or officer 
having like powers states that the establishment and equip- 
ment of the person shipping the same into the common- 
wealth are in good, sanitary condition; provided, that the 
foregoing provisions relative to transportation shall not ap- 
ply to common carriers, their servants or agents. No such 
paper shall be approved by the department of public health 
which does not meet the provisions of the laws, rules, regu- 
lations and requirements of the United States as to interstate 
commerce in shellfish. Whoever violates any provision of 
this section shall be punished by a fine of not less than twenty 
nor more than fifty dollars, or by imprisonment for not more 



Acts, 1928. — Chaps. 270, 271. 273 

than thirty days, or both. The provisions of this section Enforcement. 
shall be enforced by local boards of health. 

Approved April 28, 1928. 



An Act authorizing the city of melrose to borrow (Jhnr) 270 

MONEY FOR SCHOOL PURPOSES. ^' 

Be it enacted, etc., as follows: 

Section 1. For the purpose of constructing elementary city of 
school buildings, including the cost of originally equipping bofrow "^^ 
and furnishing the same, or for the construction of additions ™^^f ^°'^ 
to elementary school buildings which increase the floor space purposes. 
of such buildings, including the cost of originally equipping 
and furnishing such additions, the city of Melrose may 
borrow from time to time, within a period of five years from 
the passage of this act, 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, Melrose School Loan, Act of 1928. gp^^fLoan 
Each authorized issue shall constitute a separate loan, and Act of 1928. ' 
such loans shall be paid in not more than fifteen years from 
their dates, but no issue shall be authorized under this sec- 
tion unless a sum equal to an amount not less than ten per 
cent of such authorized issue is voted for the same purpose 
to be raised by the tax levy of the year when authorized. 
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, exclusive 
of the proviso inserted in section seven of said chapter by 
chapter three hundred and thirtj^-eight of the acts of nine- 
teen hundred and twenty-three. 

Section 2. This act shall take effect upon its acceptance submission to 
during the current year by vote of the city council of said eu^ "'"°*''^' 
city subject to the provisions of its charter, but not other- 
wise. Approved April 28, 1928. 

An Act relative to the taking of certain species of (Jfidj) 271 

WILD birds. "* 

Be it enacted, etc., as follows: 

Chapter one hundred and thirty-one of the General Laws, o. l. isi, § 39, 
as amended in section thirty-nine by section two of chapter ^^^ a°=«^<ied. 
three hundred and seven of the acts of nineteen hundred and 
twenty-three, is hereby further amended by striking out said 
section thirty-nine and inserting in place thereof the follow- 
ing: — Section 39. No person shall hunt, pursue, take or Taking of 
kill any species of the limicolae, except woodcock, or any or^d^^^'^ 
species of the rallidae, or have in possession any of said birds 
species, except as provided in section nineteen or eighty-nine ^^^^ 
or as hereinafter provided. The commissioner may declare 
from time to time an open season on any such species, subject 
to such rules and regulations as he may prescribe ; provided, Proviso. 



274 



Acts, 1928. — Chap. 272. 



that such open seasons and such rules and regulations shall 
at all times conform to the federal laws and regulations rela- 
Penaity. ^ive thereto. Whoever violates anj'' provision of this section 

or any provision of the rules and regulations made under au- 
thority hereof shall be punished by a fine of not less than 
twenty dollars. Approved April 28, 1928. 



Chap. 272 An Act relative to duplicate certificates of title of 

REGISTERED LAND. 



G. L. 185, § 48, 
amended. 



Transcription 
of decree of 
registration in 
registry. 



Duplicate 
certificates of 
title. 



Production by 

photographic 

process. 



Be it enacted, etc., as follows: 

Section 1. Section forty-eight of chapter one hundred 
and eighty-five of the General Laws is hereby amended 
by adding thereto the following: — Said owner's duplicate 
certificate, for all the purposes of this chapter, maj^ be pro- 
duced by photographic process from the original certificate of 
title, either in whole or in part, and the photographic copy 
of an assistant recorder's signature on a duplicate certificate 
so produced shall have the same validity as his written sig- 
nature, — so as to read as follows : — Section 4-8. Immedi- 
ately upon the entry of the decree of registration, the recorder 
shall send a certified copy thereof, under the seal of the court, 
to the register of deeds for the district or districts where the 
land lies, and the register, as assistant recorder, shall tran- 
scribe the decree in a book to be called the registration book, 
in which a leaf or leaves in consecutive order shall be devoted 
exclusively to each title, and note therein the day, hour and 
minute when said decree is transcribed. The entry made by 
the assistant recorder in this book in each case shall be the 
original certificate of title, shall be signed by him and sealed 
with the seal of the court. All certificates of title shall be 
numbered consecutively, beginning with number one. The 
assistant recorder shall in each case make an exact duplicate 
of the original certificate, including the seal, but putting on 
it the words "Owner's duplicate certificate", and deliver 
it to the owner or to his duly authorized attorney. In case of 
a variance between the owner's duphcate certificate and the 
original certificate, the original shall prevail. The certified 
copy of the decree of registration shall be filed and numbered 
by the assistant recorder, with a reference noted on it to the 
place of record of the original certificate of title. If, however, 
a petition includes land lying in more than one district, the 
court shall cause the part lying in each district to be described 
separately by metes and bounds in the decree or decrees of 
registration, the recorder shall send to the assistant recorder 
for each registry district a copy of the decree containing a 
description of the land within that district, and the assistant 
recorder shall register the same and issue an owner's dupli- 
cate therefor; and thereafter, for all matters pertaining to 
registration, the portion in each district shall be treated as a 
separate parcel of land. Said owner's duplicate certificate, 
for all the purposes of this chapter, may be produced by 



Acts, 1928. — Chap. 272. 275 

photographic process from the original certificate of title, 
either in whole or in part, and the photographic copy of an 
assistant recorder's signature on a duplicate certificate so 
produced shall have the same validity as his written signature. 

Section 2. Section sixty-eight of said chapter one hun- g. l. iss, § as, 
dred and eighty-five is hereby amended by striking out all '^'"ended. 
after the word "registered" in the eighth line, — so as to read 
as follows: — Section 68. Registration of a mortgage shall mo?tgage'"° "^ 
be made in the following manner: The owner's duplicate 
certificate shall be presented to the assistant recorder with the 
mortgage deed, and he shall enter upon the original certificate 
of title and also upon the owner's duplicate certificate a 
memorandum of the purport of the mortgage deed, the time 
of filing and the file number of the deed, and shall sign the 
memorandum. He shall also note upon the mortgage deed 
the time of filing and a reference to the volume and page of 
the registration book in which it is registered. 

Section 3. Section sixty-nine of said chapter one hun- g. l. i85, § 69, 
dred and eighty-five is hereby amended by striking out the ^^^^ ^'^' 
first paragraph, — so as to read as follows: — Section 69. ^jf^f^f 1'"^ **^ 
A mortgage on registered land may be discharged by the 
mortgagee in person on the registration book in the same 
manner as a mortgage on unregistered land may be discharged 
by an entry on the record book in the registry of deeds, and 
such discharge shall be attested by an assistant recorder. 

Section 4. Section seventy-one of said chapter one hun- g. l. iss, § 7i, 
dred and eighty-five is hereby amended by striking out all ^™^° ^' 
after the first sentence, — so as to read as follows: — Section Leases of 
71. Leases of registered land for a term of seven years or registered land. 
more shall be registered in lieu of recording. 

Section 5. Section one hundred and thirteen of said tended ^^^^' 
chapter one hundred and eighty-five is hereby amended by 
striking out the last paragraph, — so as to read as follows: — 
Section 113. If the recorder or any assistant recorder is re- Surrender of 
quested to enter a new certificate in pursuance of an instru- ce^rti&TatM. 
ment purporting to be executed by the registered owner, or ^tc. 
by reason of any instrument or proceedings which divest 
the title of the registered owner against his consent, and the 
outstanding owner's duplicate certificate is not presented for 
cancellation when such request is made, the recorder or 
assistant recorder shall not enter a new certificate, but the 
person claiming to be entitled thereto may apply by petition 
to the court. The court, after a hearing, may order the regis- 
tered owner or any person withholding the duplicate certifi- 
cate to surrender it, and direct the entry of a new certificate 
upon such surrender. If the person withholding the duplicate 
certificate is not amenable to the process of the court, or if 
for any reason the outstanding owner's duplicate certificate 
cannot be delivered up, the court may by decree annul it and 
order a new certificate of title to be entered. Such new cer- 
tificate and all duplicates thereof shall contain a memorandum 
of the annulment of the outstanding duplicate. 

Approved April 28, 1928. 



276 



Acts, 1928. — Chap. 273. 



preamble. 



Chap. 21 Z An Act dissolving certain corporations. 

Emergency Whereas, It is necessary that certain delinquent and other 

corporations be dissolved before April first in the current 
year, therefore this act is hereby declared to be an emergency 
law, necessary for the immediate preservation of the public 
convenience. 



Certain 

corporations 

dissolved. 



Be it enacted, etc., as follows: 

Section 1, Such of the following named corporations as 
are not already legally dissolved are hereby dissolved, subject 
to the provisions of sections fifty-one and fifty-two of chapter 
one hundred and fifty-five of the General Laws : — 

A & A Lumber Company, Inc., The, A. & V. Fibre Milson 
Co., ABC Puzzle Advertising Company, A. B. Rydell Co., 
A. Basch & Co. Inc., A. C. Erisman Company, A. D. Gurney 
Company, A. Dalton Company, A. E. Blanchette Company, 
A. E. Foss Co., The, A. E. Jebb Leather Company, A. E. 
Klein Co., A. F. MacEachearn Dental Laboratory Co., A. F. 
Mentzer Company, A. G. Baker, Inc., A. Greenberg & Sons 
Poultry Company, A. H. Brunell Company, Inc., A. H. 
Cushman, Inc., A. J. Bartlett, Inc., A. J. Smart Manufactur- 
ing Company, A. L. Fink & Co., Inc., A. L. Morin's Beauty 
Parlor, Inc., A. M. Grant Furniture Company, The, A. Nash 
Company of Boston, The, A. O. White Co. Inc., A. P. Hughes 
Moving & Transfer Co., Inc., A. P. Merchant Co., A. S. 
Cann, Inc., A. Sampatakos Company, A. Sandler Sons, Inc., 
A Street Warehouse & Transportation Company, A. T. 
Thompson & Co. Inc., A. W. Bradley Company, Inc., A. 
Ziegler & Sons Company, Abbott Cotton Co., Abbott Tallow 
Company, Aberdeen Realty Corporation, Abrams Brothers 
Inc., Acdo Products Corporation, Acme Amusement Com- 
pany, Acme Auto Wheel Company, Inc., Acme Construction 
Company, Acme Electrical Co., Acme Oil Burner Co., Inc., 
Acme Projector Corporation, Adam Geibel Music Company, 
Adams Spa, Inc., Advance Sales Company, Aeolian Import- 
ing Corporation, Aero Leather Company, Aerobell Washing 
Machine Company, Aerobelle Company, Agawam Canners, 
Inc., Agricultural Co-operative Inc., The, Ahlstrom & En- 
holm Company, Ahlstrom Building & Development Co., Air 
Container Co. Inc., Ajax Blacking & Dressing Company, 
Alaska Crabmeat Packing Co., Alaska Fur Company, Albany- 
Lumber Company, Albert Johnson Company, Albert Oil 
Company, Albert Schellenberg, Inc., Alberts Radio Co., Inc., 
Albest Mfg. Co., Alden Park Manor, Inc., Brookline, Alex- 
ander of Boston, Inc., Alexander Paper Co., Alfred A. 
Philhps Inc., Alfred C. Kluepfel & Company, Inc., Alkay 
Specialty Company, All Service Company, Allen & Gallagher, 
Inc., Allen & Paisley Company (1911), Allen-Hathaway 
Company, Allerton Market Inc., Alley & Page, Inc., Alhance 
Land Corporation, Alliance Oil Company, Alloy Tool Steel 
Co., Allston Electric Company, Allston Electric Shop, Inc., 



Acts, 1928. — Chap. 273. 277 

Allston Motor Company, Alpine Electrical Supply Co., Inc., Certain 
Al's Men's Shop, Inc., Alta Clothing Company, Aluminum dil^i™^^''* 
Foundry Company, The, Amdur Shoe Company, Inc., 
American Accessories Corporation, American Amusement 
Co., Inc., American and Lithuanian Textile Corporation, 
American Auto Spring Service Corporation, The, American 
Automobile Service Corporation, American Bankers Cor- 
poration, American Bath Stone Co., American-Belgian Ex- 
port Co., American Boiler Life Company, Inc., American- 
Canadian Fur Products Corp., American Cleaning Company, 
American Cotton Fabric Corporation, American Dry Goods 
Company, American Educational Association, Inc., American 
Electric Welding Company, American Export Company, 
American Fireworks Company, American Fireworks Dis- 
tributing Company, American Health Institute of Analysis 
Inc., American Holding Corporation, American Industrial 
Works, Inc., American Japanning Company, American 
Jewelry Association, Inc., American Knitting Mills, Ameri- 
can Lacquer Company, American Lady Underwear Co., 
American Leather Sales Co., American Manufacturers Con- 
solidated, Inc., American Merchandising System, Inc., 
American Metal Polish Company, American Motor Com- 
pany, American Powder Company (1927), American Powder 
Mills, The, American Rendering Company, American Rim 
Corporation, American Rotary Tractor Plow Manufacturing 
Corporation, American Sanitary Laundry, Incorporated, 
American Self Sealing Tube Company, American Service 
Corporation, American Spring Company, American Stable 
Co., American Stave and Cooperage Company, American 
Syrup & Preserving Co., American Textile Machinery Cor- 
poration, American Tire Fabric Company, American Tire 
Sales Co., of New England, American Twin Ovens Construc- 
tion & Baking Company, Amplifex Radio Corporation, 
Amusement Corporation of New England, Anco Finishing 
Corporation, Anco Sponge Co. Inc., Anderson Automobile 
Co., Anderson-Blaisdell Leather Novelty Co., Andre Goutal 
Co. Inc., Andrews, Incorporated, Andrews Investment Com- 
pany, Andrews-Matherson, Inc., Angelo Seretto Company, 
Animated Advertising Corporation, Annette Shops, Inc., 
Anopolsky & Rose, Inc., Ansin Shoe Co., Anthony Baruffaldi 
Company, Anthony Bros. Inc., Apollo Music Co., Apperson 
Motors, Incorporated, Appleton Manufacturing Company, 
Approved Products, Inc., Architects Exhibit Service Co., 
Arlene, Inc., ArUngton Casket Company, Arlington Inde- 
pendent, Inc., Arhngton Motor Car Company, Inc., Arling- 
ton Motor Sales, Inc., Arhngton Realty Co., Arhngton Shoe 
Co., Arhngton Steam Laundry Company, Armeson Company, 
Incorporated, The, Armory Garage Company, Armstrong 
Desk Co., Arnold Electrical Manufacturing Company, 
Arrowlite Automobile Signal, Incorporated, Art Craft Cloth- 
ing Company, Art-Craft Shoe-Makers, Inc., Arte Italiana 
Inc., Arthena, Inc., The, Arthur Dreyfus Company, Arthur 
S. Cann Co., Inc., Arthur S. Harding Co., Asbestos Corpo- 



278 Acts, 1928. — Chap. 273. 

Certain ration of America, The, Asbestos Trading Company, Inc., 

d^sIS^^^*^ Ashland Novelty Company, Inc., Ashland Novelty Corpora- 
tion, Associated Engineers, Incorporated, Associated Pub- 
lishers, Inc., Associated Realty Company, Associated Sales- 
men Corporation, The, Assonet Manufacturing Company, 
Athletic Shoe Specialty Company, Athol Thread Mills, 
Incorporated, Atlantic Amusement Company, Atlantic Auto 
Company, Atlantic Bond and Mortgage Corporation, Atlan- 
tic BottHng Works, Inc., Atlantic Clock Co., Inc., Atlantic 
Dyestuff Company, Atlantic Investment Association, Inc., 
Atlantic Manufacturing Company, Inc., The, Atlantic Paint 
& Varnish Remover Co., Inc., Atlantic Reed Furniture Mfg. 
Co. Inc., Atlantic Vending Machine Co., Atlantic Warehouse 
Company, Atlantic Washing Machine Company, Atlas Heat- 
ing and Ventilating Company, Atlas Market Inc., Atlas Oil 
Company, Atlas Sales Corporation, Attleboro and North 
Attleboro Lumber Company, Auburn Worcester Company, 
Auditorium Amusement Company, Audubon Realty Co., 
Inc., Augustin Theatres Co. Incp., Aurora Film Co., Inc., 
Austin L. Pierce & Co., Inc., Austin Shoe Co., Inc., Austin 
W. McLean, Inc., Auto Accessory Manufacturing Company, 
Auto Livery, Inc., Auto-Mailing Machinery Company, Auto 
Renting Company of Worcester, Inc., Auto Renting Service, 
Inc., Auto Safety Light Corporation, Auto Traders Exchange 
Inc., Autocraft Corporation, The, Automatic Fire and Sprink- 
ler Service Inc., The, Automatic Gas Shut-Off Company of 
Boston, Inc., Automatic Gasolene Gauge Company, Auto- 
mobile Devices Corporation, Automotive Associates, Inc., 
Automotive Signal Corporation, Avery Orange Co., Inc., 
Avery Spa Inc., Avon Cloak Company, Ayers Corporation. 
B & B Laundry Company, B. & M. Dress Company, 
B & M Taxi Co., B. & R. Manufacturing Co., B. Auerbach 
& Co., Inc., B. Hammond Tracy Inc., B, Kolodny Inc., 
B-T Housing Corporation, Bacharach's Incorporated, Back 
Bay Post Office Building, Inc., Backer Barrel Company, 
Inc., Bacon & Company, Inc., Bacon Press, Inc., The, Baer 
Brothers, Inc., Baggage Shop, Inc., The, Bailey Rubber 
Heel Company Incorporated, Baird Radio and Manufactur- 
ing Co., Baker Auto Sales Corporation, Baker Realty and 
Trading Corporation, Bakers Standard Equipment Inc., 
Baldwin Picker-Rod Lubricator Co., Baldwin Shoe Corpo- 
ration, Ball Square Garage Inc., The, Balloon Tire & Wheel 
Co., Ballou Manufacturing Company Incorporated, Baltic 
Importing & Exporting Corporation, Baltic States Finance 
Corporation, Bancroft Shoe Supply Company, Bankers Se- 
curity Corporation, Banks Garage Incorporated, Barker 
System of Bakeries of Springfield, Inc., Barmen Lace Manu- 
facturing Company, Barnes Textile Service Co., Barnett 
Drop Forging Company, Barnett Manufacturing Company, 
Inc., Barney & Payson Inc., Barr & Bloomfield Shoe Co., 
Barris-Goewey Company, Barry-Donehue Shoe Company, 
Barry Drug Company, Inc., The, Barwin Motors, Inc., 
Bassett's, Inc., Batchelder Corporation, The, Bates & Wig- 



Acts, 1928. — Chap. 273. 279 

glesworth Company, Bay of Naples Colony, Inc., Bay Path ^^f/'^rations 
Shoe Company, Bay State Bond and Mortgage Corporation, dissolved. 
Bay State Erecting Company, Bay State Finance Corpora- 
tion, Bay State Garage and Sales Co., Bay State Institute 
of Commerce Inc., Bay State Machinery Co. Inc., Bay State 
Market Company, Bay State ]\Iarket Inc., Bay State Mop 
Company, Bay State Motor Company, Bay State Music 
Corporation, Bay State Printing Co., Bay State Restaurant, 
Inc., The, Bay State Sales Corp., Bay State Sand & Gravel 
Company, Bay State Transfer & Storage Company, Bayer 
& Co., Inc., Beacon Bias Binding Co., Beacon Cafe Co., 
Beacon Coal Company, Beacon Extract Co., Beacon Films, 
Incorporated, Beacon Mop Company, Beacon Nurses Home 
Incorporated, The, Beacon Real Estate Trust, Inc., Beacon 
Restaurant Company, Beacon Wood Heel Co. Inc., The, 
Beacon Wool Company, The, Bearings Co. of New England, 
Inc., Beaver Metal Products Co., Beland Electric Manu- 
facturing Company, Belco Incorporated, Bell Cloak & Suit 
Co., Belleau Paint Company Inc., Bellevue Lunch, Inc., 
Bellevue Realty Trust Inc., Belmont Dress Company, The, 
Belmont Pharmacy Incorporated, Benjamin Box Co. Inc., 
The, Benjamin James Realty Company, Benson Gasoline 
and Oil Co. Inc., Beraldi Transportation and Contracting 
Co., Inc., Berger & Wein Co., Bergess Brushes, Inc., Berk- 
shire Auto Sales, Incorporated, Berkshire Copper Company, 
Berkshire Hills Co-operative Creamery Association, Berk- 
shire Land and Development Company, Berkshire Lenox 
Corporation, Berkshire Motor Express, Inc., Berkshire Oil 
Co., Berkshire Products Corporation, Berkshire Stone 
Products Corporation, Berniers Filling Stations, Inc., Berry 
& Lamb Company, Inc., Berry Box and Package Company, 
Bertelsen & Petersen Engineering Company, Berwick Service 
Company, The, Bestol Co., Inc., Bestwear Glove & Corset 
Shop, Inc., Bettcher Construction Co., Inc., Better Paint & 
Varnish Company, Better Shoe Co., The, Betts-Miles, In- 
corporated, Betty Roberts Company, Beynard's, Inc., Bick- 
ford Machine Company, Big Four Gasoline & Oil Company, 
Inc., Big Six Transportation Co., Billerica Chemical Corpora- 
tion, Billy's Tire Shop, Inc., Bilt-In Foot Regulator Com- 
pany, Inc., Bilt-Rite Equipment Company, Biltmore Hotels 
Company, Inc., Biltmore Spa Inc., Bird's-Eye Stationery, 
Inc., Birmingham Company, Bisk Corporation, Bissell's 
Clothes Shop, Inc., Bjork Milhnery Company, Bla-Cal 
Manufacturing Company, Black Diamond Pelt Company, 
Black Rock House Corporation, Blank's Garage Inc., Blass 
& Rollins, Inc., Blayney Manufacturing Company, Bliss, 
Gray & Cowdrey Co., Bliss-Holbrook Company, Blodgett, 
Warren Co., Bloomfield Shoe Co., Blue Gold Restaurant, 
Incorporated, Blue Hill Motor Mart, Inc., Blue Ribbon 
Motor Sales, Inc., Blue Tavern Corporation, The, Bon 
Marche Inc. of Taunton, The, Bon-Top Supply Manufactur- 
ing Companj^, Bond & Mortgage Associates, Inc., The, Bonin 
Garnetting Company Inc., Booras Bros. Co., Borden, Grove 



280 Acts, 1928. — Chap. 273. 

ro/^^rations ^ Merrill Inc., Bordman Lunch Compan}^, Bosch Dis- 
dblSve<i°°^ tributing Company, Boston and Gloucester Steamboat Com- 
pany, The, Boston & Worcester Bus Co., Boston Arena 
Company, Boston Auto Gage Co., Boston Belting Company, 
Boston Belting Corporation, Boston Book-binding Company, 
Boston Building and Construction Corporation, Boston Cap 
Company, Boston Chair Renting Co., Boston Civic Grand 
Opera Company, Boston Clothiers, Inc., Boston Contracting 
Company, Boston Corporation, Boston Dry Goods Store, 
Inc., Boston Electric Welding Companj^, Boston Entertainers, 
Inc., Boston Fair, Inc., Boston Fish Pier Company, Boston 
Fruit Company, Inc., Boston Giant Company, The, Boston 
Ice Cream Company, Boston Jewish Publishing Co., Boston 
Luxor Cab Corporation, Boston Merchant Marine Scaling 
Company, Boston Mortgage & Investment Co., Boston 
Mushroom Growers Inc., Boston-New York Daily Despatch, 
Inc., Boston Night Light Co., Boston-Oklahoma Coal Com- 
pany, Boston Papier Mache Co. Inc., Boston Pen Company, 
Boston Production Company, Boston Radio Manufacturing 
Co., Boston Radiolite Battery Co., Boston Real Estate 
Clearing House, Inc., Boston Refrigerator Company, In- 
corporated, The, Boston Rose Company, Boston Sales Cor- 
poration, Boston Ship Brokerage Co. Inc., Boston Star 
Hosiery & Underwear Co., Boston Structural and Alteration 
Company, Boston Trap Rock Co., Boston Upholstery Supply 
Company, Boston Violin Case Co., Boston Wool & Waste 
Company, Boston Wool Exchange, Inc., Boston Yiddish 
Amusement Company, Boucher-LaLiberte Co., Inc., Bourne 
Awning Company, Inc., Bowen Optical Co., Bowker and 
Archer Marble Co., Bowker-Carter-Company, Boynton- 
Boston Inc., Bradford Shoe Co., Bradlee & Co., Inc., Bradley, 
Incorporated, Braman, Young Co., Brentwood Court Corpo- 
ration, Brewster-Kemble Production Co., Bridge Company, 
The, Bridgman Company, Inc., Brigham and Wright Inc., 
Brigham Lunch Co., Inc., Brighton Ave. Garage, ' Inc., 
Brighton Drug Co., Bris-Kem Company, Bristol Construc- 
tion Company, Inc., Bristol County Coal Company, Bristol 
Farms, Inc. (1917), Bristol Studios, Inc., Bristow's Inc., In 
America, Broadway Auto Co., Broadway Iron Foundry 
Company, Brockton-Boston Motor Coach Co., Brockton 
Spra-Cote Co., Inc., Brookdale Creamery, Inc., Brookline 
Avenue Realty Corporation, Brookline Heights Realty Com- 
pany, Brookline Investment Co., Brookline Provision Com- 
pany, Brooks Laundry Company, Brotherhood Supply Com- 
pany Inc., Broughton Adhesive & Specialty Co., Brown & 
Gordon Inc., Brown-Beckwith Corporation, Brown-Harvey 
Stores Inc., Brown Paper Box Co., Inc., The, Brown-Perkins 
Shoe Co., Brown Realty Co., Brunswick Coal Co., Brunswick 
Realty Company, Bryant Washburn Productions, Inc., 
Buckley-Sachs Company, Inc., The, Buckley Shoe Com- 
pany, Inc., Builders Cement Products Company, Builders 
Mortgage & Loan Company, Builders' Storage Warehouse 
Co., Bullman Realty Corporation, Bull's Hosiery Shoppe 



Acts, 1928. — Chap. 273. 281 

Inc., Bunn Bros. Inc., Bunnell Coal Corporation, Bunny Certain 
Food Products Company, Burditt-lNIacGregor Corporation, db^w""^ 
Burke's Inc., Burnoil Company, Inc., Burns Wharf, In- 
corporated, Burr Foundry & Machine Company, Burrell & 
Harlow Company-, Burton Pharmacy, Inc., Business Men's 
Golf Course, Inc., Butters Radio Co. Inc. 

C. A. Lap worth Webbing Co., C. A. Maynard Company, 
C. A. Moore, Inc., C & B Cycle Mfg. Co., C & L Retail 
Stores, Inc., C. B. Realty Company, Inc., The, C. Earle 
Bartlett Productions, Inc., C. F. Budd Company, C. H. 
Carey & Co. Inc., C. H. Emerson Co., C. H. Leach Company, 
C. J. Gorman Inc., C. J. Howarth Inc., C. J. Reynolds Com- 
pany, C. L. Carter and Co. Inc., C. L. Flaccus Glass Co., 
C. L. Heuser Co. Inc., C. O. Tyler, Inc., C. S. Angell Com- 
pany, C Star K Auto Parts, Inc., C. T. Grinnell Shoe Co., 
Cadillac Fihii Corporation, Caledonia Mills, Calkins Press, 
Inc., The, Calvin & Belt Oil Company, Cambridge Candy 
Company, Cambridge Machine & Tool Company, Cambridge 
University Storage Warehouse Company, Camden Avenue 
Garage, Inc., Campbell Cigar Co., Campbell Electric Cor- 
poration, Campbell Sales Company, Canadian Dry Ginger 
Ale Extract and Beverage Company, Canal Glassware 
Company, Inc., Canobie Shoe Co., Canton Amusement 
Company, Canton Clothing Manufacturing Company, Inc., 
Cape Aero Company, Inc., Cape Ann Lumber Company, 
Cape Ann Steamship Company, Cape Cod Camps, Inc., 
Cape Cod Cold Storage Company, Cape Cod Lands, Incor- 
porated, Cape Cod Packing Company, Cape Oil Company, 
Capewell Horse Nail Company of California, Capitol Radio 
Company, Capobianco-Leoni Construction Company, The, 
Carbon-Oxygen Gas Engine Company, Carroll & Fox, Inc., 
Carson Speedometer Corporation, Carter & Campbell Inc., 
Carter Co., The, Carter Shoe Company Incorporated, Carton 
Corporation, The, Cary Hill Realty Company, Casey, Quin- 
lan Company, Cass and Daley Shoe Company, The, Cause- 
way Curtain Co., Cedarville Inn, Inc., Celesto Rubber Com- 
pany, Central Avenue Pharmacy Inc., Central Dental Labo- 
ratories, Incorporated, The, Central Garage, Inc. of Canton, 
Central Garage of Brockton, Inc., Centre Manufacturing Co., 
Certified Screen Attractions, Inc., Cesar Cesana, Inc., 
Chaffee Corporation, The, Chain Electric, Inc., Chain's, Inc., 
Chair-City Automobile Company, Chairtown Garage, Inc., 
Chambers-Swift Company, The, Champion Company, The, 
Change-Over Heel Company, Chaplin & Chaplin, Inc., 
Chardon Street Stables Co., Charles B. Wingate, Inc., 
Charles Construction Co. Inc., The, Charles R. Fisher, Inc., 
Charles River Bleachery, Inc., Charles S. MacDowell, Inc., 
Charles White Wood & Co., Inc., Charlestown Enterprise 
Company, Charlestown Sea Grill Delicatessen Co., Charlton 
Cotton Co., Chase Brothers, Inc., Chase Oil Association Inc., 
Chauncy Fur Co., Chauncy Textile Company, Chec-R. Shoe 
Corporation, The, Checker Inn Restaurant Company, Inc., 
Chemical & Dye Stuffs Credit Club, Inc., New England 



282 Acts, 1928. — Chap. 273. 

ro/i^rations Divisioii, Chester Company, The, Chestnut Realty Corpora- 
dissolved, tion, Chez Erik Inc., Chic Hat Shoppe, Inc., Chicopee Com- 
mercial Corporation, Chicopee Plumbing and Heating Co., 
Chillerator Company of New England, China Inn Company, 
Chipman Law PubHshing Company, The, Chipp, Incorpo- 
rated, Choate Drug and Chemical Company, Christensen 
Bakeries, Inc., Church Drug Company, Church Street Auto- 
mobile Corporation, Churchill, Lambert & Kennedy, Inc., 
Cicia Company, The, Cities Realty Corporation, Citizens' 
Coal Company of Worcester, Mass., Citizens Service Journal, 
Inc., City Coal Company of Brockton, City Construction 
Company, City Delivery Service Company of Worcester, 
City Garage of Medford, Inc., City Hall Auto Renting Com- 
pany, City Loan Co., Inc., City Lumber Company, Clapp and 
Abercrombie Company, The, Clapp Garage Company, Clapp 
Patent Wood Pile Preserving Company, Claridge Sea Grill, 
Inc., Clark Staging Company, The, Clarke Coal Co., Inc., 
Clark's Inc., Clark's Silk and Specialty Shop, Inc., dayman 
and Arch, Inc., Cleanol Products, Inc., Cleverly & Fallen Co., 
Clinton and Leominster Bus Lines, Inc., Clothing Manu- 
facturers' Credit Club Inc., N. E. Division, Cloverland Stores 
Company, Coast Copper Company, Coastwise Coal Com- 
pany, Cobb Theatre Company, Coburn Tool Company, 
Codman Square Garage Incorporated, Colburn & Russell, 
Inc., Colby Haberdashers, Inc., Colby's Incorporated, Cold 
Bay Development Company, Cold Blast Market Company, 
Collamore-Hardy Company, Collins and Corriveau Com- 
pany, Collins Flower Shop Inc., Collins Foundry Company, 
Incorporated, Colhns Packing Company, Collins the Florist 
Inc., Colonial Building Company, Inc., The, Colonial Cloth- 
ing Company, Colonial Construction Company, Inc., The, 
Colonial Diamond Company, Inc., Colonial Foundry & 
Machine Works, Inc., Colonial Garage, Inc., Colonial Ice 
Cream Company, Colonial Press, Inc., The, Colonial Rope 
Company, Colonial Sight Seeing Auto Co., Colrain Hotel 
Corporation, Columbia Associates, Incorporated, The, Co- 
lumbia Building Association, Inc., Columbia Counter Com- 
pany, Columbia Manufacturing Cqmpany Incorporated, 
Columbia Pharmacy Inc., Columbia Stores, Inc., Columbia 
Trading Co. Inc., Combustion Service, Inc., Comins Mechan- 
ical Rubber Co. Inc., Commercial Asbestos Company, Com- 
mercial Tea & Coffee Co., The, Commodity Statistics, Inc., 
Commonwealth Audit Company, Commonwealth Construc- 
tion Co. Inc., Commonwealth Discount Company, Common- 
wealth Paper Company, Community Filling Stations, Inc., 
Como Apparatus Company, Como Apparatus Corporation, 
Conanicut Mills, Concrete Block & Brick Corporation, Con- 
gress Electric Co., Connecticut Boulevard Amusement 
Company, Connecticut Electric Steel Casting Corporation, 
Connecticut Valley Tallow Company, Connell Coe Company, 
Connolly Company, Conron Dyer Company, The, Conserva- 
tory Drug Company, Consolidated Companies, Inc., Consoli- 
dated Oil Fields Corporation, Consohdated Realty Corpora- 



Acts, 1928. — Chap. 273. 283 

tion of Quincy, Consolidated Shoe Company, Inc., Consul ^ot^j^mtions 
Leather Company, Consumers' Fruit Stores, Inc., Consumers' dissolved. 
Ice Compan}^, Container Realty Company, Continental Press 
Incorporated, Continental Products Company, Contractors 
Wrecking Company, Converse Tire and Rubber Company, 
Converse Tire Company, Cook-Taylor Co., Inc., Cooksey 
Candy Kitchen, Inc., Coolidge Corner Woman's Exchange 
Inc., Cooper Music Co., Cooper Tire & Battery Corporation, 
Cooper's, Inc., Copley Corporation, Copley Motion Picture 
Service, Inc., Copley Realty Company, Copperall Co. of 
America, The, Cornhill Trading Co., Corona Machine Cor- 
poration, Corporation Service Co., Cosmopohtan Film Dis- 
tributing Company, Cosmopolitan Restaurant Inc., Cotter 
& Yates Electric Co., Cotter, Goodrich & Sarra Co., Cotton 
Body Co., Cottrell Co., The, Coty Chocolate Company, 
Country Maid Ice Cream Company, Inc., Courier Publishing 
Company, Courtesy Service Corporation, Cradock Motor & 
Supply Co., Crane Service Boston, Inc., Crawford Upholster- 
ing Company, Crawford-Wilhams, Inc., Croce Vaporizer 
Manufacturing Corporation, The, Croce Vaporizer Sales 
Corporation, The, Crosscup Press, Inc., Crown Automotive 
Company, Inc., Crown Film Corp., Crown Products Corpo- 
ration, Crow's Nest Inn Inc., Cruise Wood Heel Company, 
Cub Knitting Mills, Cummings Construction Company, 
Curtis Drug Co. Inc., Curtis-Senecal Corporation, The, Cy- 
clorama of the Battle of Chateau Thierry, Inc., Cygnet Co. 
D. A. Doyle, Inc., D. A. Harrison Co., Inc., D. & M. 
Auto Supply Co., D. and S. Motors, Inc., D. F. LeBlanc 
Company, Dadmun Motor Co. Inc., Daly Brothers Shoe 
Corporation, Daniel Koch, Inc., Daniel O. Wolff, Incor- 
porated, Daniel P. Sullivan, Jr. Co., Inc., Daniels' Market, 
Inc., Daniels Process, Inc., Dan vers Warehouse Company, 
Davis Company, Inc., The, Davis Lynn Storage Battery 
Manufacturing Company, Davis Spas, Inc., The, Davis 
Square Spa, Inc., Davison Metal Products Company, Davis- 
son Motor Company, Day Motors Corporation, The, 
de Courcy, Inc., De Luxe Specialty Company (Inc.), Delta 
Electric Company, Demetrius, Inc., Democrat Publishing 
Company, Dempsey Bros. Co., Department Store, Inc., 
Development Company of Springfield, The, Dexter Smith 
& Son Co., Di Martino Motor Transportation Company, 
Inc., Dialless Radio Corporation, Diamond Bottling Co. 
Inc., Diamond Chemical Company (1915), Diamond Chem- 
ical Company (1926), Dickey Shoe Co., Inc., Dillon-Sage, 
Incorporated, Direct Selling Company, Direct Service In- 
corporated, Directorate (Incorporated), The, Dr. A. F. 
Christian's Private Hospital, Inc., Dr. Swett Root Beer 
Corporation, Dodge Confectionery Company, Inc., Domestic 
Electric Company, Donnell Ice Company, Donnelly Tailor- 
ing Co., Donovan Motor Car Co., Doolin Bros., Inc., Doo- 
little's Lunch, Inc., Dorchester Construction Company, 
Dover Street Garage, Inc., Dow Manufacturing Company, 
Downing Cotton Co., Inc., Drain-It Manufacturing Co., 



284 Acts, 1928. — Chap. 273. 

TO/*^ration8 Drake and Farland, Incorporated, Drake & Greenough 
dissolved. Company, Drake & Hersey Company, Drew Manufacturing 

Co., Drowne, Garceau Sheet Metal Co., Dubois Brothers, 
Incorporated, Dudley Plumbing Co. Inc., Dunbar-Cowan 
Motor Company, Dunklee Realty Company, Inc., Dunlop 
& McElaney, Inc., Dunn Textile Supply Co., Duo-Lite 
Products Company, Dupont- Young Corporation, Dustin 
Shoe Co. Inc., Duxbury Fishers Inc., The. 

E. A. & H. W. Russell & Co., Inc., E. C. Mills Leather 
Company, E. D. Brooks & Co., Inc., E. D. Smith, Inc., 
E. E. Parsons Co., Inc., E. F. Crosby Company, E, H. 
Publishing Co., E. H. Severy Incorporated, E. J. Scanlon 
Company, E. L. Gowdy Co., E. M. Loew's, Inc., E. R. 
Gorman Company, E. R. Knott Machine Company, E. S. 
Brown Company, E. Stebbins Manufacturing Company, 
The, E. T. Slattery Company of Magnolia, E. W. Nash 
Company, E-Z-Seal Products Co., Inc., Eagle Hosiery Co., 
Inc., Eagle Pants Mfg. Co., Eagles Building Association of 
Southbridge, Inc., The, Eames Corporation, Earl Lee Tire 
Company, East Watertown Garage, Incorporated, Eastern 
American Corporation, Eastern Auto Body Service Cor- 
poration, Eastern Base and Lumber Company, Eastern 
Beef & Provision Co., Inc., Eastern Chemical Company, 
Eastern Construction Company, Eastern Dehco Enameling 
Co., Eastern Distributing Company Inc., Eastern Finance 
Corporation, Eastern Hotels Company, Eastern Labora- 
tories, Inc., Eastern Mica Company, Eastern Motor Parts 
Company, Eastern Musical Novelty Company, Eastern 
Optical Company, Eastern Plate and Window Glass Com- 
pany Inc., Eastern Power and Heating Corporation, Eastern 
Radio Corporation, Eastern Realty, Incorporated, Eastern 
Refrigerator & Equipment Co., Inc., Eastern States Agri- 
cultural and Industrial Exposition, Inc., Eastern States 
Tobacco Corp., Easthampton News Company, Economical 
Stores Inc., Economy Auto Supply Company, Inc., The, 
Economy Butchers Inc., The, Economy Grocery Stores Com- 
pany, Economy Last Hinge, Inc., Edgar B. Cole Co., Inc., 
The, Edgar R. Tucker Co., Edgerly Baking Company of 
Boston, Edgewood Farms, Inc., Edison Lamp Corporation, 
Edith Pickering Co., The, Educational Record Company, 
Edugraph Film Company, Edward B, Ludlow Sales Cor- 
poration, Edward J. Carnes Company, Edward M. Levy 
Co., Edward Whitney Coal Company, Edwards Hotel 
Company, Inc., Edwin and H. J. Connell Inc., Edwin L. 
Pride and Co. Incorporated, Egleston Square Garage, Inc., 
80 Summer Street, Inc., Eldredge Electric Mfg. Co., Electric 
Products Company, Electric Service Corporation of Fitch- 
burg, Electric Welding Supply and Sales Co., Inc., Electrical 
Specialties Corp., Electro-Mechanical Distributing Co., Elli- 
jay Mining Company, Elliot Shoe Co., Elliott Manufacturing 
and Plating Company, Elmhurst Public Golf Course, Inc., 
Embassy, Inc., The, Emery Bros., Inc., Emery-Dana-Tucker 
Co., Empire Electric & Gas Supply Co., Empire Supply Com- 



Acts, 1928. — Chap. 273. 285 

pany, Energy Electric Company, Enfield Woolen Mills Inc., Certain 
Engel Shoe Company, Engineering Development Company, duISv*^°"^ 
Enterprise Knitting Company, The, Equitable Realty Cor- 
poration, Equity Shoe Company, Ereco Refrigerator Com- 
pany, Erie H. Curtis, Inc., Ertel & Husband, Inc., Essex 
Cotton Mills, Essex County Dairy Inc., Essex Die Co., 
Essex Heating and Engineering Company, The, Essex Oil 
Co. Inc., Estabrook Wood Heel Co., Estate of Josiah Perry, 
Inc., Estates Holding Co. Inc., Eureka Food Products Com- 
pany, Ever Wear Overall Company, Inc., Everett Adjustable 
Bed & Spring Company, Everett Construction Company, 
The, Everett Gordon Company, The, Everett Paper Box 
Co., Excavating Equipment Company, Excelsior Realty 
Company, Exchange Motors Company, Inc., Ezekiel Bros., 
Inc. 

F. C. Gorman. Company, F. E. Nickels & Co., Inc., F. G. 
Parker Company, F. H. Caswell Motor Car Co. Inc., The, 
F. Hubbard Bellows Company, Inc., F. J. Kessler& Co. Inc., 
F. J. Richards Company, The, F, J. Thompson Inc., F. L. 
M. Corporation, F, M. Keeler Associates, Inc., The, F. M. 
Keeler Company, The, F. N. Graves Company, F. N. 
McCarthy, Inc., F. O. Clark Engraving Company, Incorpo- 
rated, F. R. Nickerson & Co. Inc., F. Werner Company, 
F. X. Caron Company, Fabric Process Company, Facto 
Motor Trucks, Inc., Fairbanks Engineering Corporation, 
Fairburn's Market, Inc., Fairground Realty Company, Inc., 
Fairhaven Amusement Company, Fairy Potato Chip Ma- 
chine Company, Inc., The, Fales Folio Co., The, Fall River 
Auto Enamelling Corporation, Fall River Implement & Seed 
Company, Fall River Mattress Company, Fall River Oil 
Heating Company, Inc., Fall River Sheet Metal Co., Falls 
Printing Company, Inc., Famous Fruit Company, Inc., ' 

Fanny Hair's Music Shop, Inc., Farid Abi-Raji, Inc., Farland 
Furniture Company, Farmacia Italiana, Inc., Farnum's Stage 
Lines, Inc., Fashion Clothiers, Inc., Fashion Shoe Co., 
Fastick Glue Company, Featherfoot Farms, Inc., Federal 
Dry Goods Co., Federal Heating Company, Federal Import- 
ing Co., Inc., Federal Moulding Mfg. Company, Federal 
Railway Fusee & Torpedo Co., The, Federal Real Estate 
Corporation, Federal Service Corporation, Federal Service, 
Incorporated, Federal Storage Co., Federal Tallow Company, 
Federal Wharf and Storage Company, Federal Yeast Corpo- 
ration of Mass., Inc., Federated Film Exchanges of New 
England, Inc., Feffer-Simon Co., Fellsway Realty Company, 
Fendagard Corporation, The, Fendagard Sales Corporation, 
Fenway Garage Company, Fenway Shoe Mfg. Co., Fenwood 
Lunch Inc., Ferguson & Freeman, Inc., Fermentation Chemi- 
cal Company, Ferry Motors Co., The, Fiberbone Company, 
The, Fibre Development Company, Fibre-Saving Soap Com- 
pany, Fidelity Lunch Company, Fields Corner Cafeteria, Inc., 
Fields Lumber Company, Film Booking Offices of New Eng- 
land, Inc. (1920), Film Booking Offices of New England, 
Inc. (1925), Finestone Parlor Furniture Co., Finkel's Crest 



286 Acts, 1928. — Chap. 273. 

Sff*^rationB ^^^' ^^^-^ Firestone Shoe Company, First Italian Market 
dUsMW°°^ Inc., First Mortgage Trust, Incorporated, First Section 
Pharmacj'-, Incorporated, The, Fiskdale Finishing Company, 
Fit and Wear Company, Fitchburg Holding Company, 
Fitchburg Phoenix Lighting Company, The, Fitchburg Sand 
& Gravel Co., Fitch's Drug Store Incorporated, Fitzgerald 
Music Store Corporation, The, Flag Baking Company, 
Flash-0-Lite Sign Company, Flint Amusement Company, 
The, Flood Square Drug Store Inc., Florida Baking Co., 
Florida Fisheries Corporation, Florida Sales Co. Inc., Flostik 
Company, Forbes Dairy Co., Ford-Long Engineering Com- 
pany, Incorporated, Fordham Road Garage Company In- 
corporated, Forest Park Realty Co., Inc., Forest Products 
Corp., Forrest E. Hammond, Inc., Fort Pond Inn, Incorpo- 
rated, Foster Bogs Company, Foster-Moulton Shoe Com- 
pany, Fox Leather Company, Framingham Screw Works, 
Franc-Drake Inc., Frances Jacques Costume Co., Francis 
Drug Co., Francis M. Waters Advertising Agency, Inc., 
Frank B. Orcutt, Inc., Frank Bros. Inc., Frank E. Stubbs, 
Inc., Frank M. Rogers Company, Frank Place Company, 
Frank S. Horning Co., Inc., Franklin Clothes, Inc., Franklin 
Field Garage, Inc., Franklin Finance Company, Incorporated, 
Franklin Holding Company, Franklin Hotel Company, 
Franklin Last Co., Franklin Mfg. Co., Inc., Franklin-Napier 
Motors Incorporated, Franklin Silver Plate Company, Frank- 
lin Woolen Co., Franklin- Worcester Company (1925), 
Frank's Tire Shops Incorporated, Eraser Bedding Company, 
Fraternities Club, Incorporated, The, Fratus, Hodgkin Com- 
pany, Fred Moss Corporation, Free and Easy Belt Company, 
Freeman Motors Company, Freetown Manufacturing Com- 
pany, Freezer Company, The, Freight Handling Service, 
' Incorporated, Frey Variable Speed Gear Company, Froth- 

ingham Construction Company, Inc., Frothingham Tanning 
Company, Frozen Fruit Confection Co., Fuel Oil Heating 
Corporation, Fuel Reclamation Company, Fuller and Lip- 
pold. Incorporated, Fulton Flour Company, Fulton Tire Co., 
Funderburk & Mitchell, Inc., Fur Dressers of North America, 
Inc., Furniture Shop, Inc., The, Fyfe's Market, Inc. 

G. A. Peters & Co. Inc., G. Frank McDonald Co., G. H. 
Lamoureux Co., Incorporated, G. H. Voter, Inc., G. Turco 
Provision Company, Inc., G. W. Richardson Company, 
Gables, Inc., The, Gagnier and Angers Corporation, Gains- 
boro Realty Co., Gamelin Advertising Service, Incorporated, 
Garden City Shoe Company, Gardner & Parker Shoe Com- 
pany, Gardner Crib & Cradle Company, Gardner Manu- 
facturing Co., Garment Checking Machine Corporation, 
Garvey Transportation Company, Gas Appliance Company 
of New England, Gates Finishing Company, Gates Tours 
Company, Gaylord C. Cummin, Inc., Geier Company of 
Massachusetts, The, Gem Jewelry Company, General Ce- 
ramic Manufacturing Company, General Contracting Com- 
pany, General Drug Company, General Mortgage & Real 
Estate Company, General Products Corporation, General 



Acts, 1928. — Chap. 273. 287 

Securities Company, General Service Machinery Co., Inc., Certain 
Gennelly System, Inc., Gensemer & Salen, Inc., Genstil Shoe dSvU?"^ 
Companj'-, George E. Coffin Shoe Company, George E. 
Kittredge Lunch Company, George G. Hall Company, George 
Grow Tire Company, George H Bachelder, Inc., George H. 
Wirth Company, George II. Wood Corporation, George L. 
Glennon Company, Geo. L. Layman Co., George L. Snow 
Company, George Lampros, Incorporated, George Mosko- 
witz, Inc., Geo. S. Rollins, Inc., George T. Paraschos, Inc., 
George W. Drury Company, George W. Hoar Company, 
George W. Lewis & Son Co., George W. MacBride Company, 
Inc., Georges Market, Inc., George's Men's Shop, Inc., 
Georgetown Ice Company, Georgian Inc., The, Gerard P. 
Friel, Incorporated, Germain & Staples, Inc., German Co- 
operative Association, Gibraltar Manufacturing Company, 
Inc., Giddings Motor Co., Gilbert Welding and Tank Com- 
pany, Gilles Fuel Feeding Company, Gillespie Sales and 
Service Co., Gilman Bros, and Bandini Inc., Gilman 
Brothers Body & Fender Works, Inc., Gilman Cloak & Suit 
Company, Gilt Edge Beverage Company, Giovanni 
Cucinotta, Inc., Giovinezza Publishing Company, Inc., 
Girard & Willis, Inc., Glacifer Company, Gleasonite Com- 
pany, The, Glendale Auto Renting Company, GUck Supply 
Company, Globe Clothing Company, Inc., Globe Comb Com- 
pany, Inc., Globe Leather Company, Globe Leather Co., 
Inc., Goetz Silk Manufacturing Co., Golden Rule Tailoring 
Company, Golden Sunset Auto Tours, Inc., Goldin Motor 
Transportation Co., Goldsmith Cigar Company, Good 
Luck Stamp Company, Inc., Good Realty Company, Good- 
win Lunch Company, Inc., Goodyear Rubber Sales Corpora- 
tion, The, Gordon Chemical Company, Inc., Gordon-Hittl 
Company, The, Gordon Investment Co., Gordon-Kramer 
Co., Gordon's Value Shop, Inc., Gorham Leather Company, 
Governor Square Garage Co., Grace Shop, Inc., The, Grafton 
Manufacturing Co., Grafton Mica Products Company, Inc., 
Grafton Shoe Company, Grand-Arrow Film Exchange, Inc., 
Grand Restaurant, Inc., Granite Construction Co., Granite 
Pharmacy, Inc., Grant's Amusement Company, Graphic 
Arts Company, Inc., Grass-Golden Shoe Company, Graton 
and Knight Manufacturing Company, Gray & Davis Inc., 
Graywood Manufacturing Company, Great American Racing 
Derby of Revere, Inc., Great Barrington Bottling Works, 
Inc., Great Eastern Chemical & Polish Co., Inc., Greater 
Boston Bowling Alle3'S, Inc., Greater Boston Mortgage Cor- 
poration, Greelock Company, The, Greenfield-Overland, 
Inc., Greenfield Printing Company, Inc., Green's Prescrip- 
tion Pharmacy, Inc., Greenwich Securities Company, 
Greeter's Guide of Boston, Inc., The, Greylock Shirt Com- 
pany, Griffin & White Co., Grinnell Yarn Mills, Incorporated, 
Grocers Bread Company of Brockton, Grocers Bread Com- 
pany of Worcester, Grocers' Cash Distributing Co., Gros- 
venor Studios Incorporated, The, Groton Granite Co., Grove 
Hall Motor Mart, Inc., Guaranty Assurance Corporation, 



288 Acts, 1928. — Chap. 273. 

S>rooration8 Guardian Curtain Corporation, Guay Incorporated, Gurney 
dissolved. Heater Company, Inc., Gurney Heater Manufacturing 

Company. 

H and P. Sales Company, H. B. Durant & Co., Inc., H. B. 
Hickory Handle Co., H. C. Brown Company, Inc., H. D. 
Foss & Company, Incorporated, H. E. Bemis Company, Inc., 
H. F. Crawford Manufacturing Company, H. G. Butt Mfg. 
Co., H. G. MacDougall Co., H. Gussman Co., Inc., H. H. 
Walley Company, Incorporated, H. J. Gelinas Co. Inc., H-K 
Shoe Company, H. L. Bossa & Company, Inc., H. L. Wolk 
Company, H. M. Goodhue Co., Inc., H. M. Jones & Co. Inc., 
H. M. Newell Company, H. O. Robb, Incorporated, H. S. 
Collins, Inc., H. S. Demeritt Co., Inc., H. S. Orr Company, 
H. S. Ryan Leather Co., H. Sarkin, Incorporated, H. V. 
Cunningham, Inc., H. V. Greene Company, H. W. Alexander, 
Inc., H. W. Clark Leather Company, H. W. Van Hoosear 
Company, Haddon, Southworth & Co., Inc., Hadley Wool 
Co. Inc., Haji Company, The, Hall Bros. Inc., Hall Drug Co., 
Hamilton Drug Company, Hamilton Oil Company, Hamilton 
Sales Co., Inc., Hamilton Syrup Co., Hampden Sales & Serv- 
ice Company, Hampshire Construction Company, The, 
Hampshire County Dealers Used Car Exchange, Inc., Hamp- 
shire County Lumber Company, Hanan Hat Company, The, 
Hancock Manufacturing Company, Handcraft Toy Shop 
Inc., Handy Lunch, Inc., Hanley Sales Company, Hanley's 
Inc., Harbinson Construction Company Inc., Harbor Tan- 
ning Company, Hardanpurl Edge Co., Harding Incorporated, 
Harding Manufacturing Co., Harland A. McPhetres, Inc., 
Harley Company, The, Harmony Shoe Co., Inc., Harriott 
Music Company, Harris, Hosom & Helms, Inc., Harris Yoffa 
Co. Inc., Harrison Woolen Co. Inc., Harry Dangel Litho- 
graph Mfg. Co., Harry F. Prescott, Inc., Harry Quint, 
Florist, Inc., Hartley Mills, Harts Folding Envelope Ward- 
robe Company, Inc., Harvard Beef Company, Harvard Com- 
pany, Harvard Drug Company, Inc. (1910), Harvard Enve- 
lope Company, Harvard Storage & Warehouse Co. of Lowell, 
Harvard Supplies, Inc., Harvardashery Inc., Haskell & 
Delano, Inc., Haskell, Brown & Bradbury Inc., Hatch & 
Donovan, Inc., Haverhill Auto Lamp Co., Haverhill Mercan- 
tile Agency Inc., Hayda's Incorporated, Haymarkct Shoe 
Company, Healey Shoe Co. Inc., Health Extension Institute 
of America, Inc., Health Promotion Laboratory, Inc., The, 
Healy Construction Company, Inc., The, Healy Hotel Inc., 
Healy-Saltman Company, Heavy Haulage Company, Inc., 
Hennessey and Kalisz, Incorporated, Hennessey, Maxwell 
and Hennessey Shoe Company, Henry A. Burnham, Inc., 
Henry Disston & Sons, Incorporated, of Massachusetts, 
Henry Hardware Co. Inc., Henry Kahn Company, Inc., 
Henry Klous, Incorporated, Henry Knott, Inc., Henry 
Lawrence Studios, Inc., Henry Wood Furniture Co. Inc., 
Henshaw, Ward & Co. Inc., Hensley Non-Fouling Spark Plug 
Company, Henwood & Nowak, Inc., Herald Publishing 
Company, Herb Products Co., Herbert Drug Co. Inc., The, 



Acts, 1928. — Chap. 273. 289 

Hercules Cast Stone Corp., Heritage Woolen Mills, Inc., Certain 
Herman and Compan}^ Inc., Hewitt Rubber Company of di3v*ed°"^ 
Massachusetts, Hey wood Motor Sales Compan}'^, Inc., Hi 
Glos Sales Company, Hicks GoUer Shoe Co., Higgins, The 
Florist, Incorporated, Highland Art Company, Highland 
Beach Realty Corporation, Highland Construction Co. Inc., 
Higrade Yarn Manufacturing Company, Hilarity Hall Com- 
pany, Hildreth Motor Co., Inc., The, Hillman Auto Supply 
Manufacturing Company, Hinckley & Drew, Inc., Hines, 
Blake & Company, Inc., Hinsdale Manufacturing Company, 
Hinsdale Woolen Mills, Inc., Hip Yeng Chong Company, 
Hiram H. Powers & Company, Inc., Hochberg's, Inc., 
Hodgkin Fratus Inc., Hoffman's Book & Novelty Shop Inc., 
Hoffman's of Ljmn, Incorporated, Hogan-Kelleher Company, 
Holhngsworth, Neill & Co. Inc., Hollywood Inn, Incorpo- 
rated, Holmes & Corliss Contracting Co., The, Holmes, Inc., 
Holmes Jewelry Co., Inc., Holyoke Automobile Dealers 
Exchange, Inc., Holyoke Brick Company, Holyoke Motor 
Sales Company, Inc., Holyoke Paper Products Company, 
Holyoke Vacuum Sluice Co., Holyoke's Woman's Shop, Inc., 
Home Accessories Company, Homebuilders, Incorporated, 
The, Homer Foot & Co., Incorporated, Homestead Realty 
Co., The, Hoo-Dye New England Company, Hood Turbine 
Company, Hope Valley Machine Co. Inc., Hopkins-Blakeslee 
Company, Hopkinson Leather Company, Home's Lunch, 
Inc., Hotel Clarendon, Inc., Hotel Dennis Co., Hotel Long- 
wood, Incorporated, Howard A. Crossman Company, Howard 
Lumber Company, Howland Lamp Mfg. Co., Hoxie Grease 
Company, Hub Doughnut, Inc., Hub Hardware Company, 
Hub Importing Company, Hub Mercantile Corporation, Hub 
Merchandise Company, Hub Toy & Novelty Co., Hubbell 
and McGowan Company, Hull Strand Theatre Company, 
The, Humphreys' Labels Inc., Hunan Linen Company, Inc., 
Hunt-Lasher Company, Inc., Huntington Investing Com- 
pany, Hurricane Engineering Company of Massachusetts, 
Hutchings Motor Lines, Inc., Hux-Nut Distributors Inc., 
Hyde Park Door and Window Company, Hyde Park Trap 
Rock Company, Hydraulic Development Co., Hydro-Electric 
Engineering Corporation, Hygeia Baking Products Inc., 
Hygienic Machinery Corporation. 

I. Laplante Company, I. M. George Co., I. X. L. Poison 
Fly Paper Company, Ideal Lunch Company, Ideal Lunch, 
Inc., of Greenfield, Mass., Imperial Art Association, Inc., 
Imperial, Inc., The, Independent Egg Co., Inc., Independent 
Order of the Sons of Italy Company, Independent Render- 
ing Co., Independent Sugar Company, Indian Head Quarries 
Inc., Indian Hill Estates Developing Company, Indian Hill 
Farm, Incorporated, Indian Spinning Mills Incorporated, 
Industrial Agents, Inc., Industrial Egg Co., Industrial Paint 
& Putty Corporation, Industrial Specialty Corporation, 
Inman Construction Company, Inc., Insurance Inspection 
Service, Inc., Inter-State Mortgage, Bond and Title Company 
of New England, Intercolonial Products Corporation, Inter- 



290 Acts, 1928. — Chap. 273. 

Certain national Comfort Chair Co. Inc., International Construction 

d'iaToh^^""^ Company, International Forest Products Corp. , International 
Linter Co., International Radio Corporation, International 
Restaurant Co., International Tobacco Products Company, 
Inc., Interstate and Union Bus Terminal Inc., Interstate 
Investment Corporation, Interstate Novelty Fireworks 
Company, Investment Finance Company, Ipswich Heel 
Company, Ira J. Webster Companj^, Irene Hat Shop Inc., 
Irene Millinery Shop, Inc., Island Park Investment Com- 
pany, Inc., Italian Macaroni Company, Italo-American Club 
Building Association of Lawrence, Mass., Italy Boston Im- 
porting Co., Ivar-Lite Corporation, The. 

J. A. MacKenzie Co., Inc., J. A. Manning Shoe Manu- 
facturing Company, J. C. Hidden Manufacturing Company, 
J. D. Devoy Inc., J. E. Andrews Inc., J. E. Lynch Company, 
Inc., J. E. Sullivan Realty Co. Inc., J. Ernest Mullen Com- 
pany, J. F. Mosser Corporation, The, J. H. Motor Sales, Inc., 
J. H. Stedman Company, The, J. J. Blair & Co. Inc., J. L. 
Collins Machine Company, J. L. Guild Co., J. M. Cashman 
Company, J. N. D. Cigar Manufacturing Company, J. 
Ouimette, Junior, Company, J. R. Ayers' Sons Company, 
J. S. Bell Confectionery Company, J. Short & Co., Inc., J. T. 
Fitzgerald, Incorporated, J. W. Colgan Company, The, J. 
W. Hammond Co., J. W. Maguire Company, J. W. Mc- 
Laughlin Company, J. W. Roberts Company, J. W. Smith 
Company, J. Wolfe Finkel Co., J. Wolfe Finkel, Inc., Jacobs 
Baking Company, Incorporated, Jacobs Health Bread Co. 
Inc., Jacobs Radio Supply Company, Jamaica Printing Co. 
Inc., James & E. H. Wilson, Inc., James B. Wood & Son Co., 
James D. Rawles Company, James Daniels Company, James 
E. Nelson Company, James H. Jones Co. Inc., James V. 
Giblin Company, Jamesville Woolen Mills Company, Jane 
Frances, Inc., Jennings & Company, Inc., Jessie R. Golden 
Co., Jewett- -Smith Company, Jewish Leader, Incorporated, 
Joe Cotter Inc., Joe Rock Productions Inc., John A. Farrer, 
Jr., Inc., John B. Humphrey Company, The, John B. Powers, 
Inc., John C. Morgan Company, Inc., John Driscoll Co., 
John E. Dalglish Corporation, John E. Scott Company, Inc., 
John F. Kilduff, Inc., John F. Sarnowski, Inc., John F. Shaw 
Company, Incorporated, John Gallivan Company, Incorpo- 
rated, John M. Dick Company, John R. Donovan Company, 
John Robbins Manufacturing Co., The, John Ryan Company, 
John S. Meserve Company, John Stansfield and Company, 
Inc., John Swaine Architectural Iron Works, Inc., John 
Tobin Company, Inc., John West Thread Co., The, Johnson 
Asbestos Co. Inc., Johnson Brothers Furniture Co., Johnston 
Bonner, Inc., Jones-Davis Company, Jones-Dexter, Incor- 
porated, Joseph A. Glenn Construction Company, Joseph 
Adams Inc., Joseph Kowal & Co., Inc., Joseph Pietzuch 
Company, Joseph Simon, Inc., Joseph T. Walsh and Com- 
pany, Inc., Joseph Twomey, Inc., Joy Company Inc., The, 
Joyce Letter Shop Inc., Judd Engineering Company, Julius 
Rottenberg Inc. 



Acts, 1928. — Chap. 273. 291 

K and C Lunch, Inc., K. Constantin Co., Kadish Cooperage Certain 
Co., The, Kamber and Company, Incorporated, Kane, Spiller dS^ed?*^ 
& Co. Inc., Kant-Luz-It Klip Company, The, Kaplan & 
Levendorf Inc., Karas' Pharmacy Inc., Kay's Gift Shop Inc., 
Kean's Service Inc., Kearney Realty Company, Kearns Con- 
struction Company, Kelleher and Daley Construction Co., 
Inc., Kelleher Shoe Co., Kelly Realty Co., Kelmar Shoe Com- 
pany, Kelty Filling Station, Inc., Kemble Waste Paper and 
Metal Co., Kenmar Radio Corporation, Kennedy Comedies, 
Incorporated, Kennedy-Fleming Company, Kenneth Dress 
Co., The, Kenney Lienhard Company, Inc., The, Kenney 
Mfg. Corporation, Kennman Radio Products, Inc., Kensing- 
ton Associates, Incorporated, Kenworthy & Woods, Inc., 
Kerr & Levin Co., Inc., Keystabond Asphalt Paving Co., 
Inc., Keystone Finance Trust, Inc., The, Kimball & Sherman 
Company, Kimberley Phonograph Distributing Company of 
New England, King Philip Stores, Inc., Kingman & Richard- 
son, Inc., Kingsbury-Hammond Company Inc., Kinney 
Manufacturing Company, Klein Distributing Corporation, 
Knickerbocker Recreation Co. Inc., Kobert Supplementary 
Pulley Rim Co., Koen Brothers, Incorporated, Kollen & ^ 
Company, Inc., Kolorart, Inc., Krafve Automotive Corpora- 
tion, Kramer Bros. Corporation, Krey Music Company, 
Kurland Beef Company, 

L. A. Derby Company, L. A. Manzi Company, Inc., The, 
L. A. W. Acceptance Corporation of Fitchburg, Mass., L 
& M Supply Company, L. Barratt Davison Co., L. E. 
Tewksbury Company, L. H. Bowmar Paper Co., Inc., L. 
M. Duffy, Inc., L. M. Noyes Company, L. 0. Whitman 
Leather Co., Inc., L. R. Wing Mfg. Co., La Chatelaine Gowns 
Inc., LaFollette Coal and Iron Company, Labor League Co- 
operative Bakery of New Bedford, Mass., Labor Less 
Chemical Company, Labor Unions Corporation, Lac Finish- 
ing Company, Lactic Products Company, Ladies Garment 
Store, Inc., Lake Bus Lines, Incorporated, Lamping Nolan 
Brookline Branch, Inc., Lampron Bakery Company, The, 
Lancaster Furniture Co., Landon, Incorporated, Lane-Libby 
Fisheries Company, Langlois Shoe Co., Lannan & Pomerleau, 
Inc., Larando Oil Company, Laskey's, Inc., Latin America 
Trade Association, Inc., Lawrence Auto Equipment Com- 
pany, Incorporated, Lawrence Beverage Company, Law- 
rence Construction Company, Incorporated, Lawrence Ed- 
mund Company, The, Lawrence Oil Company Inc., Law- 
rence Woodworking Company, Inc., Le Bulletin Pubhshing 
Company, LeGault Housing Corporation, Lead-Hydro-Tite 
Company, Leary Automatic Muffler Company, Lee Motor 
Car Company, Lee Oil Burner Co., Lee Smith Clock Com- 
pany, Legalite Corporation, The, Legion Pharmacy, Inc., 
Lema Tanning Company, Lemaire Trucking Co. Inc., 
Lenox-Palm Beach Corporation, Leo McNally, Inc., 
Leominster Drug Company, Leominster Fuel Company, 
Leonard & Company, Inc., Leonard's Garage, Inc., Lettery, 
Inc., Levine-Leytham Co., Inc., Lewis & Guild, Inc., Lewis 



292 Acts, 1928. — Chap. 273. 

«f/**ration8 Recovery Corporation, Libby & Libby Cold Storage Co., 
d?I^™ed.°^ Libby Glue & Products Co., Libby Manufacturing Com- 
pany (1921), Liberty Auto Body Service Company, Inc., 
Liberty Brick Construction Company, Liberty Cigarette 
Company, The, Liberty Devices Co., Liberty Hand Laundry 
Co., The, Liberty Leather Corporation, Liberty Pharma- 
ceutical Company, Liberty Realty Corporation, Liberty 
Sales Co., Liberty Woolen Company, Library Bureau, 
Lifland Palestine Real Estate Corporation, Limited Finance 
Corporation of America, The, Lincoln Construction Com- 
pany, Lincoln Garment Company, Lincoln Mills Inc., Lincoln 
Shoe Company, Lincoln Surplus Co., Linden Realty Com- 
pany, Lion Manufacturing Company, Lithuanian Conserva- 
tory of Music Inc., Litmo Adhesive & Products Company, 
Little Dorothy Coat, Inc., Live Leather Products Inc., 
Livestock Improvement Company, Incorporated, Locomo- 
bile Bradbury Company Inc., London Clothes Shop, Inc., 
The, Long Brickette and Fuel Company, Long Motor Sales 
Company, Loomis, Knight, Miller, Inc., Lord Candy Co., 
Loring & Howard, Inc., Louis Blass Inc., Louis Bloch Co., 
Louis Wildhorn, Inc., Lovell & Hall Co., Lowbell Company, 
Lowell Arena Inc., Lowell Company, The, Lowell Manifold 
Company, Lowell Napper Clothing Co., Lowell Timer Com- 
pany, Lowell Victory Textile Stores, Inc., Ludlow-Fhnt. 
Company, The, Lumber Associates Inc., Lumber Trading 
Corporation, Lundstrom-Joel Inc., Lungmotor Company, 
Luso-American Company, Luthy Battery Sales Company 
of New England, Lyman Warehouse and Distributing Com- 
pan}^, Lynn Bedding Co., Lynn Cut Sole Company, Inc., 
Lynn Leather Products Company, Lynn Machine Com- 
pany, Lynn Paper Box Company, Lynn Radio Laboratories, 
Inc., Lynn Roofing Company, Inc., Lyon Carpet Company, 
Lyon Medicine Company, Lyons Refrigerating Co. 

M. A. Fiske Company, M. A. Moore Company, M. & S. 
Finance Corporation, M. & S. Investment Co., M. D. Nichols 
Tool Company, Incorporated, M. F. Cottrell Company, M. 
Hahn Inc., M. J. Holden Lumber Company, The, M. J. 
Sullivan Co. Inc., M. Kaplan Co., M. L. Cobb Company, 
M. L. Pratt Company, M. M. Halpern, Inc., M. Snow & 
Sons Co., M. W. Chipman Machine Co., Mabel Louise, Inc., 
MacDougall-Gassett Company, Inc., MacGregor Home 
Bakery Company, MacLaughhn-Conway Shoe Company, 
MacNichol-Crosby Company, Mack Manufacturing Sales 
Company, Mackie & Abbe, Inc., Madaus Florist, Inc., 
Madison Brightlite Company Inc., Madison Securities Corpo- 
ration, Magee Company, Magnesite Cement Products Inc., 
Magnet Motor Car Company, Main Furniture Co., Majestic 
Lunch Inc., Malcolm Co., Inc., The, Maiden Development 
Company, Maiden Storage & Supply Co., Malt-0-Egg Com- 
pany, Manhattan Cloak & Suit Mfg. Co., Manhattan Sugar 
Co. Inc., Mann Forwarding Company, Inc., Manor Corpo- 
ration, The, Manton-Gaulin Mfg. Co., Maple Farm Milk 
Company, Maple Motor Sales Company, Inc., Maple Park 



Acts, 1928. — Chap. 273. 293 

Cranberry Company, Maplewood Last Works, Mar-Cola Co. certain 
Inc., The, Mar-Gold Medical Co., Inc., Marcus Brothers and Sytd?'"' 
Bloomstein, Inc., Marino, Peduto Company, Inc., Market 
]\Ierchants Investment Company, Marks & Chester, Inc., 
]\Iarshall-Harris Shoe Co., Martin, Hartley & DeWitt Sales 
Co., Martin Rocking Fifth Wheel Company, The, Martin 
Shoe Company, Mary M. Kezar Company, Inc., The, Mary- 
bud Sweets Company, Inc., Ma's Magic Worker Company, 
Mason-Perkins Paper Corporation, Mason's Dairy, Inc., 
Massachusetts Bagging & Burlap Co., Massachusetts Barge 
& Transportation Company, Massachusetts Bay Steamship 
Corporation, Massachusetts Cheese Co. Inc., Massachusetts 
Clinic for Diagnosis Inc., Massachusetts-Florida Land Com- 
pany, Massachusetts Gas & Electric Lamp & Fixtures Com- 
pany, Massachusetts Growers, Inc., Massachusetts Loan 
Society Inc., Massachusetts Manufacturers Supplies Com- 
pany, Incorporated, Massachusetts Miami Realty Company, 
Massachusetts Mutual Investment Company, Massachusetts 
Oil Co., Massachusetts Oilless Bearings Company, Massa- 
chusetts Preserves Company, Massachusetts Sales Corpora- 
tion, Mass. Step-In-And-Shop Stores, Inc., Massachusetts 
United Construction Co., Master Cabinet Makers, Inc., 
Mather Chair Company, Matthew J. Ryan, Incorporated, 
Maverick Pharmacy, Inc., Maxims Products Corporation, 
Maxwell Engineering & Construction Company, Inc., 
Mayflower, Inc. of Lynn, The, Maynard Corset Company, 
Maynard Rubber Corporation,. May's Cafe, Inc., McCarthy 
& Co., Inc., McCloskey & Harty, Inc., McCobb Appliance 
Co., McCracken and Harding Incorporated, McDermott 
Leather Company, McEvoy-Willett Company, McFarlane- 
Harris Co., McLane & Buffinton, Inc., McLaskey Company, 
The, McLaughUn-Page Shoe Co., McLean Construction Co., 
McMullen Battery Co., McPherson-Von Brinckert Com- 
pany, Inc., McQuaid Brothers Company, Mechanical 
Leathers Mfg. Co., Mechanical Products Company of New 
England, Inc., The, Medfield Mfg. Co., Medfield Pharmacy, 
Inc., Medford Cast Stone Company, Inc., Medford Centre 
Garage Company, Medford Woolen Manufacturing Com- 
pany, The, Melrose Lingerie Company, Melvin Millinery 
Company, Melvin Shoe Company, Memorial Art Monument 
Incorporation, Menotomy Sweets, Inc., Mercantile Trade 
Corporation, Merchandise Distributing Corporation, Mer- 
chandise Outlet, Inc., Merchant Tailors Trimming House, 
Incorporated, Merchants and Bankers Service Bureau, Inc., 
Merchants Association, Incorporated, Merchants Coal & Ice 
Company, Merchants Commercial Bureau, Inc., Merchants 
Furniture Co., Inc., Merchants Mortgage & Real Estate 
Corporation, Merchants Provision Company Inc., Mer- 
chants Terminal Warehouse Company, Merchants Transpor- 
tation Company, Mercury Oil Corporation, Merit Film Co., 
Merrill AppHance Corporation, Merrimack Clay Products 
Company, Merrimack Wood Heel Company, Merrymount 
Drug Stores Inc., Mershon & Gof stein Leather Company, 



294 Acts, 1928. — Chap. 273. 

S»*^lation8 Metal Goods Manufacturing Company, Metals Coating 
db^h^e<i°°^ Company of America, Methuen Company, Metro Shoe Co., 
Metropolitan Laundry Company, Metropolitan Oil Heating 
Company, Inc., Meyer's Garage, Inc., Michelson & Olem, 
Inc., Middlesex County News Company, Middlesex Engineer- 
ing Company, Middlesex Hardware Company, Inc., Middle- 
sex Loan & Realty Corporation, Middlesex Motor Car Co., 
Middlesex Rubber Company, Middlesex Shoe Company, The, 
Middlesex Soap Company, Midget Corporation, The, Milbro 
Manufacturing Co. Inc., Miller & Darlington Inc., Miller & 
Drury Engineering Corp., Miller Filler Company, Miller Real 
Estate Corporation, Miller Safety Brush Company, Miller 
Shoe Company, Miller Tobacco Company, Millman's, Inc., 
Millstone Hill Construction Company Inc., Milton F. 
Flewelling, Inc., Milton Weaving Company, Mineral Soap 
Manufacturing Company, Miroloid Corporation, The, Mirra 
Piston Pin Company, Mishara & Sons Inc., Mitchell Stain 
Manufacturing Company, Model Delicatessen and Lunch 
Inc., Modern Electrical AppHance Corporation, Modern 
Electrical Laboratories, Inc., Modern Grocery Store, Inc., 
Modern Sanitary Baths Inc., Modern Stores, Inc., The, 
Modern Utility Incorporated, The, Modern Vending Machine 
Company, Modernized Wall and Ceiling Company, Moe 
Manufacturing Company, Moerschell & Wood Inc., Mohawk- 
Cadillac Company, Mohawk Cleaning and Dyeing Company, 
Mohawk Dairy Company, Mohawk Mills, Mohawk Packing 
Company, Mohawk Paint Company, Inc., Moineau Box 
Company, Moisant Ozonized Water Company of Boston, 
Moller Motor Sales Company, Inc., Monarch Mills, Inc., 
Monarch Oil and Construction Co., Monitor Development 
Company, Monogram Confectionery Company, Monson 
Associates Incorporated, Monson Slate Products Co., Mon- 
son Worsted Company, Montague C. Muncey, Inc., Monte 
Stabihzer Co., Inc., Montpelier & Barre Light & Power 
Company, Montvale & Watertown Monumental Works, 
Inc., Monty Banks Productions, Inc., Moonlight Bakery 
Inc., Moore Manufacturing Co., Moore Sand & Gravel Co., 
Morgan Grinder Company, Morrill Securities Company, 
Morrissey-Stowell Company, Morse Construction Corpora- 
tion, Morton & Morton Inc., Morton-Potter Building of 
Maiden, Inc., Moscow Films Inc., Moseley Sweater Com- 
pany, Moss Amusement Corporation, Mothers' Guide, Inc., 
Motion Picture Advertising Company, Motomatic Jack 
Company, The, Motor Transportation Lines, Inc., Motor 
Truck Wheel Service Company, Motor Vehicle Exchange, 
Inc., Motorists' Profit-Sharing Co., Motorists' Service Corpo- 
ration, Mt. Hope Plumbing Co., Mt. Vernon Garage Co., 
Mountain Mill Paper Company, Movad Company, The, 
Moynahan Transportation Co., Mulready, Inc., Multicold 
Company, Municipal Gas Securities Company, Murphy 
Door-Bed Company of New England, Murray Iron Foundry, 
Inc., Murray-Mac Motor Co., Inc., Murray Sales Co., 
Music Pubhshing Bureau, Inc., The, Mutual Construction 



Acts, 1928. — Chap. 273. 205 

Company, Inc., Mutual Furniture & Carpet Co. Inc., The, Certain 
Mutual Hardware Co., Inc., Mutual Investors', Inc., Mutual Kwed""^ 
Reporting Service, Inc., Mutual Shoe Company, Myer J. 
Pemstein, Inc., Myer W. Michelson Court Dental Parlors 
Inc., INIyrtle Realt}^ Corporation, Mystic Fuel Corporation, 
Mystic Rubber Corporation. 

N. E. Film Distributing Co., N. S. Cole & Son Inc., Nan's 
Sweet Shop Inc., Naoussa Co., Inc., Nashoba Construction 
Company, Nash's Garage Incorporated, Natick Auto Sales 
Corporation, National Advertising Corporation, National 
Auto Spring Lubricator Company, National Auto Tourists 
Homes Corporation, National Collection Service, Inc., The, 
National Concessions Company, Inc., National Credit Jour- 
nal Publishing Co. Inc., National Decorticating Company, 
National Dental and Medical Laboratory, Inc., National 
Feeds, Litters & Fertilizers Inc., National Flagways, Inc., 
National Graphite Corporation, National Health Association, 
Inc., National Highway Signal Co., Inc., National Jewelry 
Co., Inc. of Boston, National Loan Company, National 
Napper Clothing Company, The, National Oil Corporation, 
National Outlet Company of Boston, Inc., National Packing 
Company, Inc., National Police Guide Company, National 
Sales Corporation, National Talking Machine Sales Corpora- 
tion, National Textile Manufacturing Co., Naumkeag Tan- 
ning Company, Neat-Maid Shoe Co. Inc., Nedrink Inc., 
Needham Hudson & Essex Company, Nehoiden Oil Co., 
Neighborhood Drug Company, Neponset Motors Inc., New 
Antlers Bowhng Alleys, Incorporated, New Bedford Brush 
Company, Inc., New Bedford Dealers Used Car Exchange 
Incorporated, New Bostonians, Inc., The, New Energy Com- 
pany, New England Amusement & Promotion Co., New 
England Asbestos Company, New England Automotive 
Corporation, New England Bitumens Corporation, New 
England Building Development Corporation, New England 
Candy Co. Inc., New England Cooperage Company, New 
England Corset Company, New England Garment Sales 
Company, Inc., New England Gocart Company, New Eng- 
land Hardware Supply Co., Inc., New England Lamp Com- 
pany, New England Leather Goods Company, Inc., New 
England Loan Co., Inc., New England Maple Syrup Com- 
pany (1905), New England Minerals Company, New Eng- 
land Mortgage Corporation, The, New England Motor Bus 
Company, New England Motor Company, New England 
Motor Trade Publishing Company, The, New England Motor 
Transportation Company, New England Music Roll Supply 
Co., New England Paper Box Company, New England Per- 
fume Vending Co., New England Piano Co., New England 
Pole and Suppl}^ Co., New England Pubhshers Service, Inc., 
New England Radiator Company, New England Raincoat 
House Incorporated, New England Rubber Company, The, 
New England Safety Razor Blade Distributing Co., Inc., 
New England Sales and Engineering Company, New Eng- 
land Silver Black Fox Company, Inc., New England SHpper 



296 Acts, 1928. — Chap. 273. 

Certain Co. (1919), New England Spray Painting Company, New 

Sver' England Steel Wool Company, New England Stucco Com- 
pany, Inc., New England Trout Farm, Inc., New Era Film 
Company, Inc., The, New Lunch Company of Fitchburg, 
The, New Maine Fish Corporation, New Palace Hotel Com- 
pany, New York Fashion Shop, Inc., New York Importing 
Company, New York Tire Corporation, Newbury Engineer- 
ing and Manufacturing Company, Newman Tire Co., Inc., 
Newport Transportation Co., Inc., News Printing Company, 
Incorporated, Newton Drug Company, Newton Investment 
Company, Newtowne Realty Co. Inc., Nicholas J. Murphy, 
Incorporated, Nickerson Products Co., The, No-Batry Radio 
Corporation, Nomar Optical Company, Nonnabo Chemical 
Company, Nonotuck Hat Manufacturing Company, Nor- 
cross Brothers Company, The, Nordic Company, Norfolk 
Mortgage Company, Norfolk Yarn Company, Inc., Norling 
Automatic Oil Burner Company, Norling Manufacturing 
Corporation, Norman C. Nagle Co., Inc., North American 
Sales Corporation, North Attleboro Motor Company, North 
Chelmsford Pharmacy, Inc., North End Pool and Bowling 
Alleys, Inc., The, North Lakeville Tack Factory, Inc., North 
Shore Auto Repair Co., North Shore Battery Co., North 
Shore Creamery Company, North Shore Service Co., No. 
Westport Home Builders, Incorporated, Northampton Prod- 
uce Co., The, Northampton Street Stables, Incorporated, 
Northampton Tobacco Company, Northeastern Concrete 
Tile Company, Northeastern Construction Co., Northeastern 
Lunch, Inc., Northeastern Mining & Smelting Co., North- 
eastern Sales & Contracting Company, Northeastern Shoe 
Company, Northern Berkshire Automobile Dealers' Ex- 
change, Inc., Northern Cotton Corporation, Northern Mtiine 
Pine Company, Northfield Co-operative Creamery Associa- 
tion, Northminster Shoe Stores, Inc., North way Guaranty 
and Discount Corporation, Northway Motors Corporation, 
Northway Motors Sales Co., Northwestern Leather Com- 
pany, Norwood Filler Mfg. Co., Novick, Meltzer Co., Noyes 
Motor Truck and Coach Company, Nut House of Massachu- 
setts, Incorporated, The, Nutter & Barnes Company. 

0. B. Copeland Company, Inc., O. H. Rounds Company, 
Incorporated, Oak Bluffs Ice Company, Oakao Baking Com- 
pany, O'Bannon Company, O'Bannon Corporation, Odell, 
Brennan, Palmer & Ward Inc., Odolog Company, Old Colony 
Fertilizer Co., Old Colony Motors, Inc., Old Colony Soap 
Company, Old Dutch Press, The, Old Kolony Narrow Fabric 
Company, Old Master Color Co., Old Star Lunch, Inc., Ole 
Andersen Shoe Company, Olive F. Staples, Incorporated, 
Olneyville Theatre Operating Company, 121 Commercial 
Street, Inc., Onion Growers Exchange, Inc., Opera Garage, 
Incorporated, Opera Restaurant, Incorporated, Orient 
Heights Park Construction Company, Inc., Orient Realty 
Company, The, Oriental Rug Service Company, Ortega 
Lumber Company, Orthman Paint Company, The, Osborn 
Mills, Ostberg-Mahn Company, The, O'Sullivan Shoe Co., 



Acts, 1928. — Chap. 273. 297 

Otis H. Adams Company, Otis' Orange Drink, Inc., Out- Certain 
fitters. Incorporated, The, Outing Shoe Company, Overland S°ived°"^ 
Company of Rhode Island, Overland Fish Company, Oxford 
Shoe Co., Inc., Oxygen Process Corporation of New England. 
P. A. Dolan Company, P. & B. Engineering Co. Inc., P. & 
S. Professional Service Trunk Co., P. F. Bonney's Sons, P. F. 
Landrey Electrical Company Inc., P. H. Monty Inc., P. H. 
Walsh & Company, Inc., P. J. Griffin, Inc., P. Terrile Com- 
pany, Pacific Specialty Company, Package Paper and Sup- 
ply Corporation, Package Stores Company, The, Packard 
Insurance Agencj^, Inc., Page and Wheeler, Inc., Page 
Cabinet Company, Page-Lewis Arms Company, Page Needle 
Company, Palestine Cigarette & Tobacco Co., Inc., Palestine 
Tobacco Company, Palm Garden Company, Palmer Steel 
Erection Company, Paper City Mill Supply, Incorporated, 
Paper Trading Company, Paquette Company, Inc., Para- 
Flux Rubber Company, Paramount Chocolate Co. Incorpo- 
rated, Paris Clothing Co., Inc., Paris Lunch Inc., Paris 
Store Company of Fitchburg, Parisian Dress Company, Park 
Japanning Company, The, Park Square Music Company, 
Park View Chambers, Inc., Park Worsted Mill, Inc., Parker 
Photo-Mount Company Inc., Parker, Putnam & Company, 
Inc., Parkman-Farns worth Lamp Co., Parks Brothers, Inc., 
Parkway Manor Associates, Inc., The, Parmacun Furniture 
Co. Inc., Parmenter & Lane, Inc., Partridge & Co., Inc., 
Passaic Cotton Mills, Patties' Sweets, Inc., Paul P. Starzyk 
Realty Company, Peabody Leather Company, Pearl Sales 
Co., Pearl Street Bootery Inc., Pearse Trucking Co., Pease 
Co., The, Peck Bros., Inc., Peck Machinery and Supply Com- 
pany, Peerless Apparel, Inc., Peerless Concrete Products Co., 
Inc., Peerless Dispenser Corporation, The, Peerless Knitting 
Mills Company, Peerless Oil Cloth Company, Peerless Pic- 
tures Inc. of New England, Peirce and Barton Co., Inc., 
Peirce, Winsper & Co. Inc., Pelland Market, Inc., Pellettiere's 
Waiting Station, Inc., Pellissier Engineering Company, The, 
Pelton Detective Service, Inc., Penrod Mills, Peoples Bargain 
House of Revere, Inc., Peoples Coal Company of Fall River, 
Inc., Pequa Press Inc., The, Pequot Oil Company, Perfection 
Rubber Company, Inc., Perkins Motor Car Company, Perl- 
mutter & Levine Co., Peter Wood Dyeing Company, The, 
Peterson Metal Action Company, Petersons Shoes, Inc., 
Pfeiffer, Wood and Company, Inc., Philbrook Patents, Inc., 
Philip S. Chandler & Co. Inc., Philip S. Silbert Co., Inc., The, 
Phillips and Co. (Incorporated), Phillips Beach Land Com- 
pany, PhoenLx Auto Company, Phoenix Industrial Chemical 
Company Inc., Physicians' and Merchants' Collection Bu- 
reau, Inc., Pickwick Lunch System, Inc., Pierce Graining 
Machine Co., The, Pierce-Hammond Automatic Sprinkler 
and Heating Company, Pihl Company, The, Pilgrim Cloth- 
ing Company, Pilgrim Land and Building Company, Inc., 
Pilgrim Products Company, Pilgrim Sightseeing Co., Inc., 
Pilgrim Spa, Inc., Pine Products Co., Pioneer Film Corpora- 
tion of New England, Pioneer Radio Broadcasting School, 



298 Acts, 1928. — Chap. 273. 

Certain^.^^^ Inc, Pittsfielcl Auto Salcs Company, Pittsfield Ice Company, 
dS^ed?"^ The, Pittsfield Palace, Inc., Pittsfield Wholesale Grocery 
Company, Inc., Plant Line Steamship Corporation, Plato- 
phone Banjo Company, Inc., Players Stock Company, The, 
Playstead Pharmacy, Inc., Plaza Sea Grill Company, The, 
Plymouth Hardware Co., Plymouth Ice Co., Inc., Plymouth 
Manufacturing Company, The, Plymouth Rock Lunch Inc., 
Plywood Tube, Inc., The, Polar Food Products Corporation, 
Polish Cooperative Association of Brighton, The, Pond & 
Company, Incorporated, Pond Pharmacy, Inc., Pope Rand 
Company, Popular Loan Company, Inc., Portland Mfg. Co., 
Inc., Portuguese American Baking Co., Power Heating and 
Ventilating Company, Prager's Trading Company, Inc., 
Pratt Bread Co., Pratt Coal Company, Preferred Auto Body 
Service Corporation, Preferred Bond and Finance Corpora- 
tion, Premier Cab Company of Cambridge, Premier Cab 
Company of Chelsea, Premier Cab Company, of Massachu- 
setts, Premier Drug Company, Incorporated, Premier Pic- 
tures, Inc., Premier Taxi Company, Pressure Proof Piston 
Ring Company, Pressure Proof Sales Corporation, Preston 
B. Keith Shoe Company, Preston Manufacturing Co., Prevost 
Realty Company, Price, Read Company, Prime Electric 
Supply Co., Inc., Prime Shoe Company (1924), Prime Tan- 
ning Company, Primo Products Co., Primrose House, Inc., 
Print Works, Inc., Printers' Service Company, Priscilla 
Laundry, Inc., Producers and Consumers Co-Operative 
Union, Producers and Consumers Inc., Producers Outlet Co., 
Inc., Production Engineering Corp., Products Manufactur- 
ing Corporation, Progressive Mfg. Co., Progressive Real 
Estate Corporation, Prospect Harbor Canning Co., Prospect 
Manufacturing Company, The, Protective Service, Inc., 
Prouty-Daniels Company, Province Line Incorporated, Prov- 
ince Shoe Company, Provincetown Sea Food Co., Publishers 
Promotion Co., Pullman Lunch & Lodging Company, Puri- 
tan Coal Company, Puritan Drug Company, Puritan Laun- 
dry Company, Puritan Medicine Company, Puritan Mills, 
Inc., Puritan Sanitary Laundries, Inc., Puritan Stores, Inc., 
The, Puritan Wool Company, Purity Wool Preparing Com- 
pany, Putnam Realty Co., Putnam Sq. Pharmacy, Inc., 
Pyramid Construction Corporation, Pyramid Folding Fan 
Manufacturing Company. 

Quality Commercial Art Service, Inc., Quahty Furnace 
Co., Inc., Quality Grinding Company, Inc., The, Quality 
Lunch of Taunton, Inc., Quality Shoe Pattern Co., Queen 
B Radio Company, Quick Klean Kemical Company, Quiet 
May Automatic Oil Burner Corporation, Quincj'^ Adams 
Drug Company, The, Quincy Auto Body & Welding Co., 
Inc., Quincy Overland Company, Quincy Publishing Com- 
pany, Quincy Quality Products Company, Quinlan & Co. 
Inc. 

R. A. Hill Inc., R. B. Morton Company, R. B. Reagan & 
Co., Inc., R. E. Morton Co., R. E. Nowell, Inc., R. E. 
Parker Mfg. Co., R. H. Long Company, R. H. Long Motors 



Acts, 1928. — Chap. 273. 299 

Company, R. H. Long Operating Company, R. H. Long Certain 
Shoe Company, R. H. Long Trading Company, R. J. Teas- disKT"' 
dale, Inc., R. J. Todd Company, R. K. Manufacturing Com- 
pany, R. Mitchell Co., R. O. Lee Company, R. R. Lunch 
& Baking Co., R. W. Hunt Co. Inc., R. Warren Jones Radio 
Corporation, Radfregen Company, Inc., Radiant Light Com- 
pany, Inc., Radio Development Company, Radio Flutola 
Co., Radio Markets Company, Radio Motion Picture and 
Phonograph Corporation, Radio Spark Plug Co. Inc., Radio 
Supply Corporation, Radio Surplus Corporation, Radiofan 
Stores Inc., Raegravure Supply Company, Raised Process 
Machine Company, Ramsdell-Kazaz, Incorporated, Ramsey 
Brown Co., Inc., Ran — Fac Sales Corp., Rand & Crane, 
Inc., Rand Manufacturing Co., Inc., Rand Reflector Com- 
pany, Inc., Randolph Linen Supply Company, Raphael- 
Gouse Textile & Supply Company, Raphael-Margil Co., 
Rapid Mailing Service Inc., Rausch Construction Company, 
Rawson Moulding Company, Ray Company, Ray Stores 
Inc., Raymond Novelty Company, The, Reachall Radio 
Associates Incorporated, Reading Farm Milk Company, 
Read's Right Way Wet Wash Inc., Realty Development Cor- 
poration of Springfield, Massachusetts, The, Realty Operators 
Inc., Realty Repair & Construction Co., Inc., Red Top Taxi 
Company, Redland Realty Co., Reed Box & Lumber Co., 
Reed Engineering & Supply Co., Inc., Regal Comb & Novelty 
Co., Regal Hat Co., Regent Knit Wear Company, Reid & 
Thomas, Inc., Reliable Finance Corporation, Rehable 
Grocery Stores, Inc., Reliable Waste Company, Rendle-Stod- 
dard Construction Company, Reo Fitchburg Company, Reo 
Motor Sales, Incorporated, Reo Simpson Company, Resilient 
Auto Wheel Corporation, The, Retail Stores Corporation, 
Revere Chocolate Company, Incorporated, Revere Con- 
fectionery and Pop Corn Works, Inc., Revere Preserving Co., 
Rexwear Co., The, Rhoades, Brown Co., Rice Gummed 
Products Company, Richard Diebold & Co., Inc., Richard's 
Furniture & Supply Co., Richer & Rocray, Inc., Richmond 
Importing Company, Inc., Richmond's Pharmacy, Inc., 
Rickenbacker Motor Sales of Brockton, Inc., Rideout Oil 
Company, Riendeau's Shoe Shop, Inc., Riggs, Willard & 
Co., Inc., Right Brushes, Inc., Rile-Ezone Burner & Mfg. 
Company, Ring Vac Washing Machine Co. of N. E., Rishell 
Coal Company Inc., Riverside Glassine Company, River- 
side Park Natatorium Company, Robart, Inc., Robert B. 
Campbell Co., Robert Morrison, Incorporated, Robert's 
Bootery Inc., Robinson Oil Equipment Company, Inc., Rob- 
inson-Tenney Co., Robsmith Knitting Company, Rockland 
Grocery and Provision Company, Roddy's Trading Corpo- 
ration, Rodman Bros. Co., Rogers Drop Forging Co., The, 
Romarco Mfg. Co. Inc., Romer Motors Corporation, Roof- 
ing & Metals Credit Club, Inc. N. E. Div., Roope Eddy 
Company, Roosevelt Realty Corporation, Root Brick Com- 
pany, Ropes Drug Company of Beverly, Rose- Webb Co., 
Inc., Rose-Webb Leatherette Co. Inc., Roseland, Inc./ 



Acts, 1^28. — Chap. 273. 

Roslindale Loan Association Inc., Rotch Mills, The, Rounds 
Chocolate Company, Rourke Shoe Co., Roxbury Furniture 
Company Inc., Roxbury Provision Company, Roxbury Taxi 
Incorporated, Royal Boot Shop, Inc., Royal Bristol Com- 
pany, Royal Cleansing Co., Royal Transportation Co., The, 
Royer Shoe Company, The, Rub-Ce-Co. Inc., Rubin Dress 
Co., Rubwood Wheel, Inc., Rule-Form Machine Company, 
Russell King & Co., Inc., Ruth & Company, Inc., Ruth 
Easter, Inc., Ruth Fielding Child Players, Inc., The, Ruth's 
Drug Store, Inc. 

S. & F. Motor Sales Company, S. & K. Circulating Li- 
braries, Inc., S. Colontropo Company, S. E. Cassino Com- 
pany, S. Eugene Proctor Company, The, S. F. Davis Com- 
pany, S. J. Basker Shoe Co. Inc., S. L. Milton Construction 
Company, S. Landers Co., Inc., S. Malouf Patent Company, 
Inc., S. Polinsky and Coleman, Inc., S. Rubin Company, The, 
S. S. Loeb Company, Saab Bros. & Co. Inc., Safety Auto 
Lock Company, Safety Paper Company of America, Safety 
Signals Corporation, Sagamore Shoe Company, St. Cecilia's 
Academy of Pianoforte, Inc., St. James & Perry Shoe Com- 
pany, The, St. Joseph Drug Company of Massachusetts, 
Salem Overland Co., The, Sales & Service Corporation, Sales 
Promotion Service, Inc., Samoset Oil Co., Samuel Glass 
Company, Samuel M. Finkel, Inc., Samuel V. Grand Realty 
Corporation, Sanderson-Brunell-Ryan Company, Sanford 
Spinning Company, Sani Cone and Machinery Company, 
Sanitary Devices Corporation, Sanitary Products Corpo- 
ration, Sargent Shoe Company, Satin Electric Company, 
Inc., Savin Hill Auto Livery Inc., Sawtelle's, Inc., Sawyer 
Tool Manufacturing Co., Saxe Agency, Incorporated, 
Saxtons River Mills, Inc., Scarborough Brook Club (incorpo- 
rated). The, SchifRi Embroidery and Lace Manufacturing 
Company, Schoenthal Corporation, The, Schoharie Farms 
Corporation, Schott Metal Products Company, Schwartz- 
Weinberg Company, Scientific Retailing Correspondence 
School, Incorporated, Scollay Radio Service, Inc., Scott-De- 
Veau Shoe Company, Scott Grain Co., The, Sea Scooter Com- 
pany, Seaside Department Store Inc., Seavey Bros. & Wight, 
Inc., SelWel Shoe Co., Self Feeding Brush Company, Self 
Generating Electric Motor Co., Service Auto Supply Co. Inc., 
Service Dress Co. Inc., Service Shoe Corporation, Service 
Shoe Trimming Company, Service Wet Wash Laundry, Inc., 
Sesuit Fish Freezing Company, Seth Lee Fire Brick Com- 
pany, Shamroth Press, Incorporated, Shanklin Equipment 
Company, Shapiro- Yaffee Co., The, Sharbell Bros. Inc., 
Sharon Can Co. Inc., Shattuck & Company, Inc., Shaw 
Manufacturing Company, Shaw Specialty Company, Shaw- 
burn Oil Burner Co., Inc., Shawmut Food Products Co., 
Shawmut Optical Company, Inc., Shawmut Silver Fox 
Ranching Company, Shawsheen Market, Inc., Sheehan & 
Shea, Incorporated, Shclburn Wool Stock Company, Sher- 
bern Realty Company, Sheron Grape & Produce Company, 
Shirley Theatre Co., Shooshan's Corporation, Shore Gardens 



Acts, 1928. — Chap. 273. 301 

Inc., Shrewsbury Roller Coaster Company, Sicard Brothers, Certain 
Incorporated, Sichol Provision Company, Inc., Sid Smith dissolved?"* 
Productions, Inc., Sieve Bros. Co., Sigsby Company, The, 
Silverstein & Scronick Inc., Silverware Sales Society, Inc., 
Simplex Player Action Company, Simplicity Valve Company, 
Sinalco Compan}^, Inc., The, Singer, Inc., Sintzel Orange Mill 
Co. of Massachusetts, Skilton Hide Company, Slade St. 
Poultry & Malt Co., Smith Bros. Concrete Company, Smith- 
Butler Company, Smith Tablet Co. Inc., The, Smith's Agri- 
cultural Service, Inc., Snell & Simpson Biscuit Company, 
Snow Bros. Co., Snow Crest Beverage Company, Snow 
Eagle Manufacturing Company, Snow White Laundry Inc., 
Socold Electric Refrigerating Corp., Solar Electric Manu- 
facturing Company, Solar Electric Socket Company, Sollers, 
Phillips and Company Incorporated, Somerville Bazaar, Inc., 
The, Somerville Candy Company, Somerville Herald, Inc., 
The, Somerville Press, Incorporated, The, Somerville Realty 
Corporation, Somerville Stamp Company, Somerville Taxi 
Service, Inc., Sontag Shoe Company, Sordillo-Gardner In- 
corporated, Sosner Shoe Company, Souhigian Snow-Remov- 
ing Machines Company, South Bay Improvement Company, 
South Carolina Light, Power and Railways Company, South 
Deerfield JMotor Co., South Leather Company, Incorporated, 
South Shore Buick Company, South Shore Cadillac Com- 
pany, South Shore Farmers Marketing Association, South 
Shore Peerless Co. Inc., Southern New England Securities 
Company, Southgate Building Company, Soybel Drug Co. 
Inc., The, Spadra Anthracite Coal Companj'^, Spalding- 
Oppenheim Manufacturing Co., Special A Softener Co., 
Specialty Candy Sales Co., Inc., Specialty Pant Co., Inc., 
Speedway Oil Co., Spencer Screw Company, The, Spencer 
Shoe & Leather Co., Spiritol Company, Spitz & Falkenberg 
Inc., Splendid Restaurant Company, The, Splendid Taxi 
Co., Spratt's, Inc., Spring Drug Co. Inc., Springfield Arena, 
Inc., Springfield Brush Company, Springfield Dairy System, 
Inc., Springfield Durant Company, Springfield Flour Co. 
Inc., The, Springfield National Institute of Musical Art, Inc., 
S|sringfield Oakland Company, Springfield Ornamental Iron 
Company, The, Springfield Pattern Works, Inc., Springfield 
Silver Quarter Service, Inc., Springfield Wholesale Grocery 
Company, Incorporated, Springfield Wrapping Machine 
Company, Spruce Mountain Company, The, Stack Heater 
Company, Standard Asphalt Paving Co., Standard Auto 
Sales Company, Standard Baking Company, Inc., Standard 
Carbonic Gas and Products, Inc., Standard Chair Co., Stand- 
ard Color Co. Inc., Standard Credit Corporation, Standard 
Druggists Syndicate, Inc., Standard Garage Company, 
Standard Machine Products Corporation, Standard Metal- 
work Corporation, The, Standard Poultry & Egg Company, 
Standard Preserving Co., Inc., Standard Remedy Company, 
Standard Sales & Manufacturing Company, Standard SHpper 
Company, Inc., Standard Stationery Co., Inc., Standard 
Supply Credit Corporation, Standard Tea Co., Standard 



302 Acts, 1928. — Chap. 273. 

Certain Turning Works, Standard Woolen & Metal Co., Stanford 

dS'^ed°°^ L. Luce, Inc., Stanley Products Company, Inc., Stanley 
Service & Manufacturing Corporation, Stanley's Motor Sales 
Corporation, Stanton Lunch Company, The, Stanwood 
Manufacturing Co., The, Star Auto Supply Co., The, Star 
Cab Company, Star Motor Company of Massachusetts, Star 
Spice Company, Inc., Star Store, Inc., The, Staso Laminated 
Slate Company, State Pharmacy Inc., State Securities and 
Finance Corp., State Spa, Inc., The, Stayon Wood Heel 
Company, The, Stearns-Flint Co., Inc., Steel Belt Manu- 
facturing Company, Steele-Morrison, Inc., Steere Organ 
Company, The, Sterhng Auto Company, Sterling Dairy Ice 
Cream Co., Sterling Pictures Corporation of New England, 
Sterling Textile Mills, Stetson Company, The, Stevens and 
Fosgate Inc., Stevens Cranberry Company, Stevens Stearns 
Motor Car Co., Inc., Stewart Body Company, Stewart 
Truck Corporation of New England, Stoker Fuel Company, 
Store Service Company, The, Stoughton Canton Theatre 
Operating Company, Strathmore Press, Incorporated, The, 
Stuart Electric Company, Sturtevant Coal Company, Inc., 
Stutz Motor Car Co. of Boston Inc., Suburban Oil Company, 
Success Farms Incorporated, Successful Women's Revue 
Inc., Sudbury Furniture Company, Suffolk Drug Company, 
Sullivan, Barrett Company, Incorporated, Summit Lime- 
stone Products Company, Sumner Realty Co., Sunbeam, In- 
corporated, Sunset Inn, Inc., Superior Confectionery Com- 
pany, Superior Garment Manufacturing Company, Superior 
Lunch Company, Superior Motor Parts Corp., Superior 
Neckwear Co., Superior Pictures Corporation, Superior 
Towel Service, Inc., Surety Shoe Stores, Inc., Swallow Elec- 
trical Co., Swift-McNutt Company, Swift River Hat Com- 
pany, Sylvester Rauhava Co. Inc., Symmetric Corset Com- 
pany, The, Symonds, Inc. 

T. D. Cook and Company, Incorporated, T. D. Manufac- 
turing Company, Inc., T. Dexter Johnson Company, T. E. 
McDonnell, Inc., T. Frank Lynch Shoe Company, T. G, 
Hancock Company, T. L. Conlan Wool Stock Company, Inc., 
T. Libby & French Trucking Company, TUL CO. Inc., 
Taconic Leather Goods Co., Talbot Dyewood and Chemical 
Company, Talbot-Lynn Inc., Tampico-Mexico Telephone 
Company, Taplin Automatic Safety Light Co., Tarbox & 
Leavitt, Inc., Taunton Chemical Company, Inc., Taunton 
Cranberry Company, Taunton Furniture Company, Taunton 
Hotel Company, Taunton Motor Sales Inc., Taverns, In- 
corporated, Taxi News, Inc., Tayford Company, Inc., Taylor 
Machinery Company, Taylor, Tibbetts, Inc., Telegram Ad- 
vertising Bureau of Boston, Inc., The, Telephone Spa Inc., 
Temple-Call Inc., Temple Realty Co., Terminal Realty Cor- 
poration, Terminal Service Corporation, Terragnit Products 
Co., Terry Manufacturing Company, Terry Plumbing Com- 
pany, Inc., The, Textile Card Clothing Co., Theatre Operat- 
ing Corporation of Boston, The, Theodore F. Allen Co., Inc., 
Thermo Appliance Corporation of Worcester, This is Holmes' 



Acts, 1928. — Chap. 273. 303 

Corporation, Thomas A. Stewart Company, Thomas and'^^p^''tain^_^ 
Company,Tnc., Thomas Clark Company Inc., Thomas Con- dissolved, 
struction Co., The, Thomas D. Gard Company, Incorporated, 
Thomas Fitz Gibbon Corporation, Thomas G. Plant Com- 
panj', Thomas Harrison Knowles, Inc., Thomas Specialty 
Shop Inc., Thompson-Blacklow Co., Inc., Thompson-Evans 
Compan}', Thompson-Perkins, Inc., Thompson Propeller 
Corporation, Thorndike Grain Company, The, Those Motor 
Twins, Inc., Thrift Club, Inc., The, Thurston, Schlafman 
and Langland, Inc., Tifton Pecan Groves Inc., The, Tiger 
Shoe Co., Tire Supply and Service Co., Tobacco Jobbers' 
Credit Club, Inc., Togan Sales Corporation, Tog's, Incor- 
porated, Toledo Metal Furniture Co. of New England, 
Toomay Company, The, Tourist Trunk Shop, Inc., Trade 
Acceptance Corporation, Trade Liquidating Company, Trade 
Publications Company, Transcript Job Print, Inc., Trans- 
parent Advertising Specialty Company, Trask Industries of 
Massachusetts, Inc., Travel-Advertising Corporation, Trav- 
elad Compan}'-, Travelair Sales Corporation, Travellers Cafe, 
Inc., The, Travers Manufacturing Company, Tribune-Enter- 
prise Incorporated, The, Tribune Publishing Company, Tri- 
dent Tow Boat Company, Trimount Shoe Co., Trio Con- 
struction Company, Inc., Trojan Shoe Company, Tropical 
Trading Company, Tru-Fix Radio Products Company, 
Trumbull Baking Co., Try-on Knitter Corporation, The, 
Tryon Stores, Inc., The, Tsivoglou Company of Boston, The, 
Tufts Square Pharmacy, Inc., Turf Tread Corporation, 
Tuttle-Cass Tanning Company, Tuttle Shoe Company, 
Twentieth Century Cab Corporation, Twin Elm Garage, Inc., 
Twin Motor Sales Corporation, 250 Beacon St. Inc. 

U. S. & M. Petroleum Company, U. S. Flag Signal Co., 
U. S. Realty & Mortgage Corporation, Ullian & Karon Com- 
pany, Ullian-Ganzel Mfg. Co., Ullian-Huberman Inc., Union 
Athletic Association, Inc., Union Coach Terminal of Boston, 
Incorporated, Union Cooperative Association of Lowell, 
Mass., Union Market Builders' Supply Company, Union 
Pharmacies, Inc., Union Rubber Company, Inc., Union 
Stables Company, Union Workmen's Cooperative Societies, 
Inc., United Building Company, United Business Equipment 
Company, United Cap Co., United Casket Hardware Com- 
pany, United Cloak and Suit Company, United Companions 
Corporation, United Finance Corporation, United Mercan- 
tile Agency, Inc., United Motor Coach Co., Inc., United 
Motor Equipment Co., United Motors of New England, Inc., 
United Nut Lock Company, United Oil Heating Company, 
United Oil Heating Company of Fitchburg, United Plumbing 
& Heating Supply Co., United Silk Company, United States 
Beef Co., United States Change-Making Turnstile Co., 
United States Finance Corporation, United States Land De- 
velopment Co. Inc., United States Onion Growers Associa- 
tion, Inc., United States Stores Corporation, United States 
Tack Co., United States Tanned Pig Skin Company, United 
Tea Company, United Wash Goods Co., Universal Elevator 



304 Acts, 1928. — Chap. 273. 

Sf/'^rationa ^ ElectHc Co., Inc, Universal Furniture Manufacturing 
dSved°°^ Co., Inc., Universal Handkerchief Company, Universal Oil 
Burner Company, Universal Refining Company, Universal 
Safety Razor Company, Universal Specialty Manufacturing 
Co., Universal Upholstering Co., Universal Valet Service, 
Inc., University Construction Company, University Salvage 
Company, Up-To-Date Shop, Inc., The, Upland Farms In- 
corporated, Used Car Clearance Company, Utilities Service 
Company, Uzit Manufacturing Co., Inc. 

Valley Mills, Inc., Valley Waste Corporation, Valve 
Engineering Company, Valvecraft Products Corporation, 
The, Van Jack Bow Tie Co., Van Zandt, Jacobs & Co. Inc., 
Vanhur, Inc., Variety Music Co. Inc., Veeco Co., The, Vend- 
Ads Corp., Vernon Machine Company, Vertaco Manufactur- 
ing Company, The, Victor R. F. Walker Compaiiy, Victory 
Textile Stores, Inc., Victory Theatre Company, Vinette Hose- 
Cock Company, The, Vitogro Chemical Company, Vulcan 
Investment Corporation, The, Vulcan Manufacturing Com- 
pany. 

W. A. Murphy Co., W. A. Nash and Company, Inc., W. B. 
Angell Co., Inc., W. C. Belding Company, W. C. Damon, 
Inc., W. C. Matthews, Inc., W. C. Sills, Inc., W. E. Betts Co., 
W. E. Conners Co., W. E. Dermody Co., Inc., W. E. Nichols' 
Sons Company, W. F. Brown & Co. Inc., W. F. Haskell Shoe 
Co., W. F. Loughman Inc., W. F. Walters Co., Inc., W. 
Herbert Abbott Company, W. J. Kearney & Co., Inc., W. J. 
Rogister Textile Co., W. J. Steele & Son, Inc., W. L. Con- 
well, Inc., W. P. Fletcher Box Co., W. P. Fox & Sons, In- 
corporated, W. P. Goode Brush Co., W. S. Farrar & Sons, 
Incorporated, W. S. Rendle & Son Company, Walker & Co. 
Inc., Walker-Boston Chocolate Co., Walker Bros. Co., 
Wallace H. Partridge, Incorporated, Walnut Ridge Dairy 
Co., Walpole Automotive Co., Walpole Furniture Company, 
Inc., Walpole Motors, Inc., Walter and Needle Co., Walter 
Baker & Company, Limited, Walter H. Newth Corp., The, 
Walter H. Sturgis, Inc., Waltham-Boston Motor Coach Co., 
Waltham Delicatessen Inc., Waltham Manufacturing & Gas- 
ket Company, Waltham Paper Mill, Waltham Public Market, 
Inc., Waltham Realty Company, Wamesit Chemical Com- 
pany, Wamesit Garage Company (1916), Ware Foundry 
Company, Warren Braiding Co., Warren F. Eraser Co., 
Warrenton Apartments Inc., The, Washington Dehcatessen 
& Creamery Co., Inc., Washington Neckwear Co., Inc., 
Washington Parlor Furniture Co., Inc., Washington Shoe 
Company (1921), Wason Homes Company, Waterman- 
Fishel Manufacturing Company, Watertown Concrete Stone 
Company, Watertown Square Garage Inc., Watson Shoe 
Company, Weale-Sherman Inc., Weatherup Chemical Com- 
pany, Webster Dye & Yarn Mills Inc., Webster Packing 
Company, Weeden, Johnson & Company, Inc., Wegmann 
Systems, Inc., The, Weiss Construction Company, Weldrest 
Shoe Company, Wellesley Hudson and Essex Company, 
Wellesley Realty Corporation, AVells Corporation, The, 



Acts, 1928. — Chap. 273. 305 

Wells Different Ink Company (1925), Welmade Products Certain 
Company, AVentworth-Arnold Taxi Service, Inc., Wentworth 3ved°'^ 
Clothing Company, West End Spring Bed Company, Inc., 
West Island Development Company, West Roxbury Auto 
Parts Co., West Roxbury Realty Corporation, Westerly Blue 
& Light Granite Co., Western Coal Company, Inc., Western 
Furniture Company, Western Massachusetts Cadillac Com- 
pany, Westfield Community Hotel Company, Westfield 
Green IMarble Company, Inc., Westfield Lithuanian Co- 
operative Exchange, Westinghouse Air Spring Company, 
The, Westville Spinning Company, Westwyre Company, 
The, Weymouth Fur Co. Inc., Whalers' Loan Association, 
Inc., The, Whistle Bottling Company of Springfield, The, 
White and Bidwell Box Company, White Creameries, Inc., 
White Funeral Home, Inc., The, White Wing Laundry, Inc., 
Whitehall Corporation, Whitman-Consolidated, Inc., Whit- 
man Motor Service, Incorporated, Whittemore & Pollard 
Co., AVhittle INIanf'g. Co., Wholesale Grocers Sales Company 
of Boston, Wichita Corporation, Widener's, Inc., Wiggles- 
worth Land Company, Wilco Stores, Inc., William Anagnosti 
Company, WilHam Dewart Young, Incorporated, William 
F. Kane Shoe Co., William H. O'Brien School of Dancing, 
Inc., William J. Ganley, Inc., William J. Haire Company, 
Wm. J. Sullivan, Inc., William Morgan Company, Williams 
& Paine, Inc., Williams Book Store Company, Williams Fur- 
niture Company, Williams' Garage, Inc., Williams Shoe 
Store, Incorporated, WiUiamson & Lawson Sand Co. Inc., 
Willow Avenue Pharmacy Inc., Wills & Willis, Inc., Wilton- 
Wells Corporation, Windsor Mountain Art Colony, Inc., 
Windsor Mt. Boys Camp Inc., Wingate Shoe Corporation, 
The, Wmn Contracting Company Incorporated, Winslow 
Cabot Company, Winter Street Auto Supply Co., Winterer 
Manufacturing Co., Winterfield Furniture Co. Inc., Winthrop 
Shipping Company, Wire Wheel Service, Inc., Wirth Choco- 
late Company, Wlthey Construction Company, Woburn 
Body Company, Woburn Development Corporation, Wollas- 
ton Amusement Enterprises, Inc., Woraens Shop, Inc., The, 
Wood Electric Construction Company, Wood, Packard Com- 
pany, Incorporated, Wood-Stevens Co., Wooden Products 
Corpn., Woodford Realty Company, Woodlawn Dairy, Inc., 
Woodrow Garage Inc., Woodward's Tog Shop, Inc., Worces- 
ter Auto Accessories Corporation, Worcester Automotive Co. 
Inc., Worcester County Farmers Exchange Incorporated, 
Worcester Diamond Co., Worcester Garnetting Corporation, 
Worcester Japanning & EnameHng Company, Worcester 
Machine & Brick Corp., Worcester Parking Company, 
Worcester Poultry Association, Worcester Service Company, 
Worcester Spinning Corporation, Workers Building Society 
of Worcester, Inc., Worthington Realty Co. Inc., Worthmore 
Stores, Inc., The, Wright Wire Company. 

X-Zalia Corporation. 

Ye Olde Inns of New England Prepared Foods, Incor- 
porated, Young Lumber Corporation. 



306 



Acts, 1928. — Chap. 273. 



Certain 

corporations 

dissolved. 



Z & K Shoe Co., Zelman & Company, Inc., Zenith Electric 
Water Heater Company, Zerozone Boston Company, Inc., 
Zerrahn Radio Finder, Inc., The. 



Certain 
public service 
corporations 
dissolved. 



Public Service Corporations, 

Congress Street Safe Deposit Company. 
Quabbin Aqueduct Company. 



Certain 
charitable 
and other 
corporations 
dissolved. 



Pending suits 
not affected, 
etc. 



Proceedings 
in suits upon 
c hoses in 
action, how 
brought, etc. 



Charitable and Other Corporations. 

Barnard Memorial, Boston Convention and Exposition 
Board, Inc., Direct Mail Advertising Association. 

Century Club of Worcester, Inc., Class Fourteen of Trinity 
Sunday School, Inc. 

Dartmouth Grange Corporation, The. 

Edgewood, Inc., Essex North Branch Auxihary to the 
Woman's Board of Missions of Boston, The. 

Farmers' Market of Holyoke, Inc. 

Hampden County Tobacco Growers Association, Incorpo- 
rated, The. 

Jewish Legion of Massachusetts Inc. 

Kosciuszko Memorial Statue Committee, Inc. 

Leicester Club, Inc., The, Lucy Helen Memorial Hospital, 
Lynn Stadium Corporation. 

Madame Achard School, Incorporated, The, Marist Fathers 
of Lawrence, The. 

Newton Masonic Hall Association, North Main Street 
Class of Trinity Church, Inc., The. 

Polish National Association, The. 

Reynolds Post, 58, Dept. of Mass. Grand Army of the 
Republic. 

Salem Club, The, Springfield Better Business Bureau, Inc., 
The. 

West Newton Memorial Library Association, Inc. 

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 mentioned herein. 

Section 3. Suits upon choses in action arising out of 
contracts sold or assigned by any corporation dissolved by 
this act may be brought or prosecuted in the name of the 
purchaser or assignee. The fact of sale or 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. 



Acts, 1928. — Chap. 274. 307 

Section 4. Nothing in this act shall be construed to No relief from 
relieve the last person who was the treasurer or assistant me'tex'""*** 
treasurer, or, in their absence or incapacity, who was any return, etc, 
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 as required by 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 commonwealth. 

Section 5. This act shall be operative as of March when operative, 
thirty-first in the current year. 

Approved April SO, 1928. 



An Act authorizing certain municipal officers to pre- (Jfid'r) 274 

VENT THE GRANTING OR ISSUING OF CERTAIN LICENSES AND 
PERMITS BY THE STATE FIRE MARSHAL. 

Be it enacted, etc., as follows: 

Section thirty of chapter one hundred and forty-eight of ^^^3^' ^ ^^' 
the General Laws is hereby amended by striking out, in the 
thirteenth line, the words "the permit or license shall be 
refused" and inserting in place thereof the words: — or upon 
the refusal to grant or issue the same by the officer or board 
designated for the purpose by the marshal under the follow- 
ing section, the license or permit shall in no event be granted 
or issued, — so as to read as follows: — Section 30. The Powers of 
marshal shall have within the metropohtan district the powers ^rshal! 
given by sections ten, thirteen, fourteen, twenty, twenty-one 
and twenty-two to license persons or premises, or to grant 
permits for, or to inspect or regulate, the keeping, storage, 
use, manufacture, sale, handhng, transportation or other dis- 
position of gunpowder, dynamite, nitroglycerine, camphine 
or any similar fluids or compounds, crude petroleum or any 
of its products, or any explosive or inflammable fluids or com- 
pounds, tablets, torpedoes, rockets, toy pistols, fireworks, 
firecrackers, or any other explosives, and the use of engines 
and furnaces as described in section one hundred and fifteen 
of chapter one hundred and forty; provided, that the city Proviso, 
council of a city or the selectmen of a town may disapprove 
the granting of such a hcense or permit, and upon such dis- 
approval or upon the refusal to grant or issue the same by the 
officer or board designated for the purpose by the marshal 
under the following section, the license or permit shall in no 
event be granted or issued. In Boston certificates of renewal 
of licenses as provided in section fourteen shall be filed an- 
nually for registration with the fire commissioner, accom- 
panied by a fee of one dollar. Approved April 30, 1928. 



308 



Acts, 1928. — Chaps. 275, 276. 



Sale and 
conveyance of 
certain land 
of common- 
wealth 

appurtenant to 
state infirmary 
in town of 
Tewksbury. 



Chap. 27 5 An Act authorizing the sale and conveyance of certain 

LAND OF THE COMMONWEALTH APPURTENANT TO THE STATE 
INFIRMARY IN THE TOWN OF TEWKSBURY. 

Be it e7iacted, etc., as follows: 

Section 1. The trustees of the state infirmary and the 
commission on administration and finance, acting jointly, in 
the name and on behalf of the commonwealth, are hereby au- 
thorized, within five years from the effective date of this act, 
to sell and convey, on such terms and conditions as may be 
approved by the governor and council, all or any parts of the 
following described land in the town of Tewksbury now held 
b}^ the commonwealth for the purposes of the state infirmary: 
a lot of land, consisting of about eleven acres, situated on 
Main street in said town, being the same premises conveyed 
to the commonwealth by Isaac H. Meserve by deed dated 
May seventh, eighteen hundred and fifty-nine, and recorded 
with Middlesex North District Deeds, book number twenty- 
one, page one hundred and forty-six; and all land in said 
town conveyed to the commonwealth by Charlotte F. C. 
Higbee by deed dated September sixteenth, nineteen hun- 
dred and four, and recorded with Middlesex North District 
Deeds, book number three hundred and sixty-nine, page 
forty-four, which borders upon North street and lies within 
areas between the southerly street line thereof and a line 
parallel thereto and distant one hundred and fifty feet south- 
erly therefrom. 

Section 2. Such land may be sold at private sale or pub- 
lic auction in the discretion of the trustees and the commission 
on administration and finance, but only after the intention 
to sell is advertised once in each of three successive weeks 
preceding the date of such proposed sale, in a newspaper pub- 
lished in the city of Lowell. A private sale shall be made only 
after the receipt of sealed bids opened in public. Such land 
shall be conveyed upon payment to the state treasurer of the 
purchase price, and there shall be included in each deed a 
statement that the provisions of this act have been complied 
with. Approved April 30, 1928. 



May be sold at 
private sale or 
public auction. 
Sale to be 
advertised. 



Sealed bids 
for private 
sale. 

Conveyance 
of land upon 
payment to 
state treasurer 
of purchase 
price. 



Chap. 27 Q An Act authorizing the city of boston to pay a sum 

OF money to the widow of WALTER E. MURPHY. 



City of 
Boston may 
pay a sum of 
money to 
widow of 
Walter E. 
Murphy. 



Submission to 
city council, etc. 



Be it enacted, etc., as follows: 

Section 1. For the purpose of discharging a moral 
obligation, the city of Boston may pay to Mary A. Murphy 
of Brookline a sum not exceeding four thousand dollars on 
account of the death of her husband Walter E. Murphy who 
died on October seventh, nineteen hundred and twenty- 
seven, in consequence of injuries caused by the falling of a 
large limb of a tree upon him while he was seated on a 
bench on Boston Common on the fourth day of said October. 

Section 2. This act shall take effect upon its accept- 



Acts, 1928. — Chap. 277. 309 

ance, during the current year, by vote of the city council of 
said city, subject to the provisions of its charter, but not 
otherwise. Approved April 30, 1928. 

An Act relative to the powers and duties of state and Chap. 277 

LOCAL AUTHORITIES AS TO FIRE PREVENTION OUTSIDE THE 
metropolitan fire PREVENTION DISTRICT. 

Be it enacted, etc., as follows: 

Section 1. Section two of chapter one hundred and ^g^amfAded 
forty-eight of the General Laws, as amended by section one 
of chapter four hundred and eighty-five of the acts of nine- 
teen hundred and twenty-one, is hereby further amended by 
inserting after the word "six" in the second line the follow- 
ing: — , seven A, — so as to read as follows: — Section 2. Fire prevention. 
Except as otherwise provided in section thirty, sections six. Application of 
seven A, ten, thirteen, fourteen, nineteen, twenty and 'certain sections. 
twenty-two shall not apply to the metropolitan district. 
Sections twenty-eight to fifty-one, inclusive, shall apply only 
to said district. 

Section 2. Said chapter one hundred and forty-eight ^^^^dgl' ^ ®' 
is hereby further amended by striking out section six and 
inserting in place thereof the following : — Section 6. The Buildings, 
marshal, the chiefs of fire departments in cities, and the entered by * 
chief engineer, or the chairman of the board of selectmen in offigfai^fM ''*' 
towns having no engineer, or any person designated by any investigation aa 
of them, may, and upon complaint of a person having an ofcondft'ions 
interest in any building or premises or property adjacent liable to cause 
thereto, shall, at all reasonable hours, enter into buildings 
and upon premises, which term for the purposes of the re- 
mainder of this section shall include alleys adjacent thereto, 
within their jurisdiction and make an investigation as to the 
existence of conditions likely to cause fire or to prevent or 
retard easy ingress into or egress from any such building or 
premises by occupants or by firemen. They shall, in writing. Conditions 
order such conditions, if existing, to be remedied, and when- t^^^e remedied, 
ever such officers or persons find in any building or upon any Order for 
premises any accumulation of combustible rubbish, including combuftiWe 
waste paper, rags, cardboard, string, packing material, saw- materials. 
dust, shavings, sticks, waste leather or rubber, broken boxes 
or barrels or other refuse that is or may become dangerous as 
a fire menace or as an obstacle to such easy ingress into or 
egress from such buildings or premises, they shall, in writing, 
order the same to be removed or such conditions to be 
remedied; provided, that no such order shall be inconsistent Proviso, 
with any building law, ordinance or by-law applicable to 
such buildings or premises or with any permit lawfully 
issued thereunder. Notice of such order shall be served ^rder^service 
upon the owner, occupant or his authorized agent, by any upon 'owner, 
person authorized to serve civil or criminal process, in the ^^'^' 
manner prescribed by section one hundred and twenty-four 
of chapter one hundred and eleven. If said order is not J^bbfslTit^ 
complied with within twenty-four hours after the return expense of 



310 



Acts, 1928. — Chap. 278. 



owner, etc., 
upon failure to 
comply with 
order. 

Expense to be 
lien upon 
building, etc. 



Penalty. 



G. L. 148, new 
section after 
§7. 

Certain 
public officials 
may make 
orders for fire 
prevention. 



Penalty for 
violation 
of order. 



of service, the person making such order, or any person 
designated by him, may enter into such building or upon such 
premises and remove such rubbish or abate such condition 
at the expense of such owner or occupant. Any expense so 
incurred shall be a lien upon such building or premises and 
shall be enforced within the time and in the manner pro- 
vided for the collection of taxes upon real estate. Failure 
or refusal by said owner or occupant to comply with said 
order shall be punished by a fine of not less than ten nor 
more than fifty dollars for each consecutive forty-eight 
hours during which such failure or refusal to comply con- 
tinues. 

Section 3. Said chapter one hundred and forty-eight is 
hereby further amended by inserting after section seven the 
following new section : — Section 7 A . The marshal, the 
chiefs of fire departments in cities, and the chief engineer 
in towns or the chairman of the board of selectmen in any 
town having no engineer, may by order, which shall not 
apply to one-family dwellings, (1) require the use of metal 
receptacles for ashes, waste paper and rubbish; (2) require 
the use of self-closing safety cans for volatile or inflammable 
fluids or compounds; (3) require oily rags and waste, when 
not in actual use, to be stored in metal containers with 
self-closing covers and riveted joints, the container to be 
raised at least four inches above the floor on metal legs ; and 
(4) prohibit the use of rubber tubing as connections for lamps, 
stoves and irons using inflammable gas for fuel, except such 
flexible rubber covered metal tubing as may be approved by 
the commissioner. Any violation of any order under this 
section shall be punished by a fine of not less than ten nor 
more than fifty dollars for each consecutive forty-eight hours 
during which such violation continues. 

Approved May 1, 1928. 



Chap.278 An Act subjecting the office of superintendent of 

HAY SCALES IN THE CITY OF PEABODY TO THE CIVIL SERVICE 
LAWS. 

Be it enacted, etc., as follows: 

Section 1. The office of superintendent of hay scales 
in the city of Peabody shall, upon the effective date of this 
act, become subject to the civil service laws and rules and 
regulations and the term of office of any incumbent thereof 
shall be unlimited, except that he may be removed in accord- 
ance with such laws and rules and regulations; but the per- 
son holding said office on said effective date may continue 
therein without taking a civil service examination. 

Section 2. This act shall be submitted for acceptance 
to the registered voters of said city at its next annual city 
election in the form of the following question, which shall be 
placed upon the official ballot to be used at said election : — 
"Shall an act passed by the general court in the year nine- 
teen hundred and twenty-eight, entitled 'An Act subjecting 



Office of 
superintendent 
of hay scales 
in city of 
Peabody 
placed under 
civil service 
laws. 



Submission 
to voters, 
etc. 



Acts, 1928. — Chaps. 279, 280. 311 

the office of superintendent of hay scales in the city of Pea- 
body to the civil service laws', be accepted?" If a majority 
of the votes cast thereon are in the affirmative, this act shall 
thereupon take effect, but not otherwise. 

Approved May 1, 1928. 

An Act authorizing the town of Winchester to borrow Cha'p.279 

MONEY FOR SCHOOL PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of acquiring land for and/or Town of 
constructing a school building and originally equipping and may^borrow 
furnishing said building, the town of Winchester may borrow ^^wf ^Cr o 
from time to time, within a period of five years from the 
passage of this act, 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, Winchester School Loan, Winchester 
Act of 1928. Each authorized issue shall constitute a sepa- EoanfActof 
rate loan, and such loans shall be paid in not more than i^^^- 
fifteen years from their dates, but no issue shall be author- 
ized under this act unless a sum equal to an amount not less 
than ten per cent of such authorized issue is yoted for the 
same purpose to be raised by the tax levy of the year when 
authorized. Indebtedness incurred under this act shall be 
in excess of the statutory limit, but shall, except as pro- 
vided herein, be subject to the provisions of chapter forty- 
four of the General Laws, exclusive of the proviso inserted 
in section seven of said chapter by chapter three hundred 
and thirty-eight of the acts of nineteen hundred and twenty- 
three. 

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

Approved May 1, 1928. 

An Act establishing the Spanish American war reim- Chav. 2S0 

BURSEMENT FUND AND PROVIDING FOR THE PAYMENT OF 
INTEREST ACCRUING ON SAID FUND TO THE COMMISSIONER 
OF STATE AID AND PENSIONS. 

Be it enacted, etc., as follows: 

Section 1. So much of the principal of the Unpaid Check Spanish 
Fund, established as a result of the provisions of section one wT/pSm- 
of -chapter four hundred and eighty-seven of the acts of nine- p'^nJ™®"* 
teen hundred and six, as represents the balance now on hand established. 
of the sum of eighty-eight hundred and twenty-six dollars 
and fifty cents originally deposited in said fund about Decem- 
ber fifteenth, nineteen hundred and sixteen, and representing 
the unpaid balance of reimbursement to certain soldiers who 
served in the Spanish American war, is hereby diverted from 
said fund and made a separate fund, to be called the Spanish 
American War Reimbursement Fund. 

Section 2. The fund estabhshed by the preceding section to be invested 
shall be safely invested by the state treasurer. All valid t^J^t,^ etc 



312 



Acts, 1928. — Chap. 281. 



Payment of 
accrued 
interest on 
fund to 
commissioner 
of state aid and 
pensions. 



claims presented by persons entitled to any portion of such 
fund shall hereafter be paid by the said treasurer out of the 
principal thereof. The interest accruing on such fund shall 
be paid without special appropriation to the commissioner 
of state aid and pensions upon requisition by him, to be 
expended by him for the sole purpose of aiding worthy indi- 
gent veterans of the Spanish American war. 

{The foregoing was laid before the governor on the twenty-sixth 
day of April, 1928, and after five days it had "the force of a 
law", as prescribed by the constitution, as it was not returned 
by him with his objections thereto within that time.) 



Chap. 2S1 ^N Act relative to certain violations of the motor 

VEHICLE LAWS. 



G. L. 90, § 24, 
etc., amended. 



Penalty 
for operating 
motor vehicles 
recklessly or 
while under 
influence of 
intoxicating 
liquor, etc. 



For un- 
authorized 
use of motor 
vehicles. 

For fraud in 
connection 
with licenses. 



For second or 
subsequent 
offences of 
operating 
motor vehicles 
while under 
influence of 
intoxicating 
liquor. 



Be it enacted, etc., as follows: 

Section 1. Chapter ninety of the General Laws, as 
amended in section twenty-four by chapter one hundred 
and eighty-three of the acts of nineteen hundred and twenty- 
four, by section three of chapter two hundred and one and 
section one of chapter two hundred and ninety-seven, both 
of the acts of nineteen hundred and twenty-five, by chapter 
two hundred* and fifty-three of the acts of nineteen hundred 
and twenty-six, and by section one of chapter two hundred 
and thirteen of the acts of the current year, is hereby further 
amended by striking out said section twenty-four and in- 
serting in place thereof the following : — Section 24- Who- 
ever upon any way, or in any place to which the public has 
a right of access, operates a motor vehicle recklessly, or while 
under the influence of intoxicating liquor, or negligently so 
that the lives or safety of the public might be endangered, 
or upon a bet or wager or in a race, or whoever operates a 
motor vehicle for the purpose of making a record and thereby 
violates any provision of section seventeen or any regulation 
under section eighteen, or whoever without stopping and 
making known his name, residence and the number of his 
motor vehicle goes away after knowingly colliding with or 
otherwise causing injury to any other vehicle or property, 
or whoever uses a motor vehicle without authority knowing 
that such use is unauthorized, or whoever loans or know- 
ingly permits his license to operate motor vehicles to be used 
by another person, or whoever makes false statements in an 
application for such a license or falsely impersonates the 
person named in such an application, or procures such 
false impersonation, whether of himself or of another, shall 
be punished by a fine of not less than twenty nor more than 
two hundred dollars or by imprisonment for not less than 
two weeks nor more than two years, or both ; except that for 
an offence of operating a motor vehicle while under the in- 
fluence of intoxicating Uquor committed within a period of 
six years immediately following his final conviction of a like 
offence by a court or magistrate of the commonwealth, a 
person shall be punished by imprisonment for not less than 



Acts, 1928. — Chap. 281. 313 

one month nor more than two years. Before a magistrate investigation, 
or other officer authorized to receive complaints in criminal p^evioua^ 
cases reduces a complaint to writing, or before a prosecuting conviction of 
officer presents evidence to the grand jury, charging a person etc., when ' 
with having operated a motor vehicle while under the in- wtth'hav^ing^^^ 
fluence of intoxicating liquor, he shall communicate with the operated motor 
office of the registrar, and shall inquire as to whether there underlnBu'ence 
is in said office any record or other information tending to uq'uo*"""^^*"^^ 
show that such person has been finally convicted of a like 
ofTence by a court or magistrate of the commonwealth within 
a period of six years immediately preceding the commission 
of the offence with which he is charged, and if it shall appear 
to such magistrate or other officer, or to the grand jury, as 
the case may be, that such person has so been convicted, the 
complaint or indictment shall contain an averment to that 
effect which shall specify such court or magistrate and the 
date of such conviction. Any person who operates a motor Penalty for 
vehicle upon any way, or in any place to which the public et^^^affe?'"^' 
has a right of access, and who, without stopping and making collision, etc. 
known his name, residence and the number of his motor 
vehicle, goes away after knowingly colliding with or other- 
wise causing injury to any person, shall be punished by im- 
prisonment for not less than two months nor more than 
two years. A conviction of a violation of this section shall Revocation of 
be reported forthwith by the court or magistrate to the convictX°"etc. 
registrar, who may in any event and shall, unless the court 
or magistrate recommends otherwise, revoke immediately 
the license of the person so convicted, and no appeal from the 
judgment shall operate to stay the revocation of the license. 
If it appears by the records of the registrar that the person 
so convicted is the owner of a motor vehicle or has exclusive 
control of any motor vehicle as a manufacturer or dealer, the 
registrar may revoke the certificate of registration of any or 
all motor vehicles so owned or exclusively controlled. The issuance of 
registrar in his discretion may issue a new license to any ^h^n'"^"^^®' 
person acquitted in the appellate court, or after an investi- 
gation or upon hearing may issue a new license to a person 
convicted in any court; provided, that no new license shall Proviso. 
be issued by the registrar to any person convicted of operat- 
ing a motor vehicle while under the influence of intoxicating 
liquor until one year after the date of final conviction, if 
for a first offence, or five years after any subsequent convic- 
tion, and to any person convicted of violating any other pro- 
vision- of this section until sixty days after the date of final 
conviction, if for a first ofTence, or one year after the date of 
any subsequent conviction. The prosecution of any person Prosecutions 
for operating a motor vehicle while under the influence of mo°o^^vehicfe 
intoxicating liquor, if the offence is committed within a period y^iie under 
of six years immediately following his final conviction of a into.xicating 
like offence by a court or magistrate of the commonwealth, or'*^ubsequ?nt°'^ 
shall not in any event be placed on file or otherwise disposed dfs^^ostiion'etc 
of except by trial, judgment and sentence according to the 
regular course of criminal proceedings, nor shall the execution 



314 Acts, 1928. — Chaps. 282, 283. 

of the sentence for such later offence be suspended under 
Prosecutions for scctiou one of chapter two hundred and seventy-nine. The 
i'/s^'ond'or'°°^' prosecution for the violation of any other provision of this 
subsequent scction, if a sccond or subsequent offence, shall not, unless 
position, etc. the iutcrcsts of justice require such disposition, be placed 
on file or otherwise disposed of except by trial, judgment and 
sentence according to the regular course of criminal proceed- 
ings; and such a prosecution shall be otherwise disposed of 
onl}^ on motion in writing, stating specifically the reasons 
therefor, and verified by affidavit if facts are relied on. If 
the court or magistrate certifies in writing that he is satisfied 
that the reasons relied upon are sufficient and that the in- 
terests of justice require the allowance of the motion, the 
motion shall be allowed, and the certificate shall be filed in the 
case. A copy of the motion and certificate shall be sent by 
the court or magistrate forthwith to the registrar. 
When operative. SECTION 2. This act shall not be operative until Sep- 
tember first of the current year. 

Approved May 3, 1928. 



Chap. 282 An Act authorizing the town of great barrington to 

TAKE OVER THE FRANCHISE AND OTHER PROPERTY OF THE 
GREAT BARRINGTON FIRE DISTRICT SO FAR AS THE SAME 
RELATE TO LIGHTING THE STREETS "WITHIN THE LIMITS OF 
SAID DISTRICT. 

Be it enacted, etc., as follows: 
^own^of^Great SECTION 1. The town of Great Barrington is hereby 
take over fran- autliorizcd to take ovcr the franchise and all the property, 
property'^ of ""^"^ rights and privileges, and to assume all the duties and obliga- 
ton^i^"""^" tions, of the Great Barrington Fire District so far as the same 
District, etc. relate to lighting the streets within the limits of said district, 
and said town is hereby further authorized to erect and main- 
tain street lights within the limits of said town including the 
territory comprising said fire district. 
vSof dis-° Section 2. This act shall take effect upon its acceptance 
trict and voters by a majority of the legal voters of said district present and 
^ ' '^ ■ voting at a meeting legally called for that purpose, and by a 
majority of the legal voters of said town present and voting 
at a meeting legally called for that purpose ; but for the pur- 
pose of being submitted to the voters as aforesaid, this act 
shall take effect upon its passage. 

Approved May 4, 1928. 

Chap. 28S -An Act authorizing the town of westborough to pay a 

SUM OF MONEY TO ALBERT H. BOUDREAU AS COMPENSATION 
FOR THE DESTRUCTION OF A MOTOR VEHICLE. 

Be it enacted, etc., as follows: 

Westborough For the purpose of discharging a moral obligation, the town 

Xmon^ey to""" of Wcstborough is hereby authorized to pay to Albert H. 
Boud^re?u Boudrcau of Marlborough a sum not exceeding one thousand 



Acts, 1928. — Chap. 284. 315 

dollars as compensation in full for the destruction of a motor 
vehicle owned by him, caused by the operation of a fire truck 
of said town of Westborough. Approved May 4, 1928. 

An Act relative to the transaction of business on phri^ 004 

BEHALF OF UNLICENSED FRATERNAL BENEFIT SOCIETIES. ^ * 

Be it enacted, etc., as follows: 

Section forty-six of chapter one hundred and seventy-six g. l. i76, § 46, 
of the General Law^s, as amended by section one of chapter ^^'^- amended. 
one hundred and fifty-five of the acts of nineteen hundred and 
twenty-one, by chapter four hundred and ninety-four of the 
acts of nineteen hundred and twenty-two and by section three 
of chapter eighty of the acts of nineteen hundred and twenty- 
five, is hereby further amended by inserting after the word 
"fraternity" in the eighth fine the words: — and which 
provides benefits in this commonwealth through either sub- 
ordinate lodges or a superior body of the order or fraternity 
composed of subordinate lodges located in this commonwealth 
only, — so as to read as follows : — Section 46. A domestic Limited fra- 
society which limits its membership as provided in section godeWe^^mlfy 
four, or which hmits its membership to the members and transact busi- 

. i- . 1 ..'■,. , , , ness in com- 

ex-members 01 any social organization having a lodge system monweaith 
and secret form of work; or a secret order or fraternity which J^^^l '^^' 
operates on the lodge system with a representative form of certain provi- 
government and grants insurance benefits as incidental only . 
to the work of the order or fraternity and which provides 
benefits in this commonwealth through either subordinate 
lodges or a superior body of the order or fraternity composed 
of subordinate lodges located in this commonwealth only; 
or a purely charitable association or corporation existing on 
May twenty-third, nineteen hundred and one, any one of 
which pays a death or funeral benefit limited to not more than 
two hundred dollars, disability benefits not exceeding ten 
dollars a week, or any or all of such benefits, or a domestic 
society which limits its membership as provided in said sec- 
tion four to the employees of a designated firm, business house 
or corporation, or any department thereof, and pays disa- 
bility benefits not exceeding fifteen dollars a week, and which 
is not conducted as a business enterprise or for profit, and a 
subordinate lodge of a secret fraternity or order as defined in 
this section which is not conducted as a business enterprise 
or for profit, which pays death benefits to families or depend- 
ents of deceased members as fixed by its by-laws, but not 
more than two hundred dollars if the lodge membership is two 
hundred or less, and if over two hundred not in excess of the 
amount of an assessment of one dollar upon each member 
thereof in good standing at the time of the death of the mem- 
ber, and a society, either domestic or foreign, which confines 
its membership to members of organizations defined in the 
second sentence of section twenty-nine of chapter one hun- 
dred and seventy-five, and which embraces therein only 
persons of the same occupation, may transact business in the 



316 



Acts, 1928. — Chap. 285. 



Proviso. 



Payments upon 
death of wife 
of member. 



Proviso. 



Furnishing 
physicians 
and nurses. 

Limited soci- 
eties, how 
incorporated, 
etc. 



Proviso. 



Filing of copy 
of by-laws. 



Financial 

statements. 



Penalty. 



commonwealth without conforming to the provisions of this 
chapter except this section and sections twenty-nine, thirty, 
thirty-six, forty-seven, forty-seven A and forty-nine, of 
chapter one hundred and seventy-five, or of chapter one 
hundred and seventy-seven; provided, that no proceeding 
shall be instituted under said section thirty-six because such 
society has a membership of less than four hundred. The 
seventh clause of section five of chapter fifty-nine shall apply 
to such a society. 

Any society transacting business under this section may, 
in the event of the death of the wife of a member, paj^ to said 
member a part of the amount payable at said member's 
death; provided that the amount so paid shall be deducted 
from the amount payable at the member's death, and that 
the total amount so paid, both at the death of the member 
and of the member's wife, shall not exceed the amount al- 
lowed by this section to be paid at the death of a member. 
Any such society may also furnish physicians and nurses for 
its members and their families. 

Any such limited society'' may be incorporated, and limited 
fraternal benefit corporations may be formed, in the manner 
prescribed in and be subject to this section and to sections six, 
seven, nine, ten, twenty-nine, thirty, thirtj'^-two, thirty-six, 
forty-seven, forty-seven A and forty-nine of this chapter and 
the seventh clause of section five of chapter fifty-nine; pro- 
vided, that no proceeding shall be instituted under said sec- 
tion thirty-six because such society has a membership of less 
than four hundred. 

The recording officer of any society subject to this section 
shall forthwith file with the commissioner, whenever he re- 
quires in writing, a duly certified copy of its by-laws. 

A society subject to this section shall within thirty days 
after a written request therefor by the commissioner file with 
him a financial statement, in such form and detail and of such 
date as he may prescribe, signed and sworn to b}' its president 
and secretary and treasurer. 

Any person violating any provision of this section, and 
any such society, or any officer or agent thereof, paying or 
agreeing to pay death or disability benefits in excess of the 
amounts herein prescribed or collecting dues or assessments 
therefor, shall be punished as provided in section fifty. 

Approved May 4, 1928. 



C hap. 2S5 -^^ ^^"^ RELATIVE TO BRANCH OFFICES OF TRUST COMPANIES. 

Be it enacted, etc., as follows: 

Chapter one hundred and seventy-two of the General 
Laws is hereby amended by striking out section forty-five 
and inserting in place thereof the following: — Section ^5. 
The board of bank incorporation may authorize in writing 
any such corporation to maintain one or more branch offices 
in the town where its main office is located; provided, that 
in any town the population of which according to the last 



G. L. 172, § 45, 
amended. 



Trust com- 
panies may 
maintain 
branch ofHces 

Proviso. 



Acts, 1928. — Chaps. 286, 287. 317 

preceding state or national census does not exceed fifty 
thousand not more than one such branch, and in any town 
the population of which according to said census exceeds 
fifty thousand but does not exceed one hundred thousand 
not more than two such branches, shall so be authorized. 

No such corporation shall maintain a branch office except Restrictions. 
as provided in this and the two following sections, but the 
restrictions of this section shall not extend to branch offices 
authorized prior to January first, nineteen hundred and 
twenty-eight. Approved May 4, 1928. 



Chap.286 



An Act authorizing certain improvements in the 
county court house in the city of brockton. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of providing adequate ac- Plymouth 
commodations at the county court house in the city of missi^o^nere'^ay 
Brockton, the county commissioners of the county of make certain 
Plymouth may make additions to and alterations in, such in county court 
court house, may take by eminent domain under chapter of°Brockton^ 
seventy-nine of the General Laws, or acquire by purchase or 
otherwise, such land or rights therein as may be necessary 
therefor, and may furnish and equip said court house as so 
enlarged or altered. 

Section 2. For the purpose of meeting expenses to be May borrow 
incurred in providing such accommodations, including any "^""^y- ®*''- 
land damages, the said county commissioners may from time 
to time borrow upon the credit of the said county such sums 
as may be necessary, not exceeding, in the aggregate, three 
hundred and seventy-five thousand dollars, and may issue 
bonds or notes of the county therefor, which shall bear on 
their face the words, Plymouth County Court House Loan, Plymouth 
Act of 1928. Each authorized issue shall constitute a HousfL^aT*" 
separate loan, and such loans shall be payable in not more ^ct of 1928. 
than twenty years from their dates. Such bonds or notes 
shall be signed by the treasurer of the county and counter- 
signed by 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. Indebtedness incurred 
hereunder shall, except as herein provided, be subject to 
chapter thirty-five of the General Laws. 

Section 3. This act shall take effect upon its acceptance, Effective upon 
during the current year, by the county commissioners of said a<=ceptance. etc. 
county; otherwise it shall not take effect. 

Approved May 4, 1928. 

An Act relative to the appointment of assistant as- Chav. 287 

SESSORS BY MAYORS IN CITIES. 

Be it enacted, etc., as follows: 

Chapter forty-one of the General Laws is hereby amended ^n^'ded.^ ^*^' 
by striking out section twenty-four A, inserted by chapter 



318 



Acts, 1928. — Chap. 288. 



E'.ebtion or 
appointment 
of assistant 
assessors in 
cities. 



Expiration of 

appointments. 

Proviso. 



two hundred and eight of the acts of nineteen hundred and 
twenty-one, and inserting in place thereof the following: — 
Section 24A . If in the case of any city there is no provision 
of law for the election or appointment of assistant assessors 
and, in the judgment of the assessors, assistant assessors are 
necessary, or if, in the judgment of the assessors, the pro- 
visions of law with regard to the election or appointment of 
assistant assessors in any city, or action taken thereunder, 
have not provided in any year for a sufficient number of 
assistant assessors, the mayor subject to confirmation by 
the city council, or the assessors, as the city council may 
determine, may appoint as assistant assessors such number 
of registered voters of the city as the appointing authority 
may deem necessary. Such appointments shall expire at the 
end of the year in which they are made ; provided, that if an 
assistant assessor is nominated in any year by the maj'^or but 
fails of confirmation, the city council may designate one of 
the assistant assessors who served in the preceding year to 
serve in his stead during the then current year until a suc- 
cessor is nominated and confirmed as aforesaid. 

Approved May 4, 1928. 



Chap. 28S An Act authorizing the town of falmouth to construct 

A SEWERAGE SYSTEM. 



Town of 
Falmouth may 
construct a 
sewerage sys- 
tem, etc. 



Board of sewer 
commissioners, 
election, 
terras, etc. 



Be it enacted, etc., as follows: 

Section 1. The town of Falmouth may lay out, con- 
struct, maintain and operate a system or systems of main 
drains and common sewers for a part or the whole of its 
territory, with such connections and other works as may be 
required for a system of sewage disposal; may construct 
such drains or sewers over and/or under land or tide water in 
said town as may be necessary to conduct the sewage to 
Great harbor; may establish filter beds for the treatment of 
the sewage collected by said system; and, for the purpose of 
providing better surface or other drainage, guarding against 
pollution of waters and otherwise protecting the public health, 
may lay, make and maintain such drains as it deems best. 
For the purposes aforesaid the town may, within its hmits, 
deepen, widen and clear of obstruction any brook, stream or 
water course, and may straighten or alter the channel or 
divert the water thereof, and may make and maintain sub- 
drains, and, with the approval of the state department of 
public health, discharge such water into any brook, stream 
or water course within the town. 

Section 2, The town, at the meeting when this act is 
accepted, may vote that the selectmen shall act as a board of 
sewer commissioners, and when acting as such shall have all 
the powers and authority given to the board of sewer com- 
missioners by this act or by general law. If the town does 
not so vote at said meeting, it may elect by ballot, at any 
town meeting, a board of three sewer commissioners, who 



Acts, 1928. — Chap. 288. 319 

shall be citizens of the town, to hold office, if elected at an 
annual meeting, one until the expiration of one year, one 
until the expiration of two years, and one until the expiration 
of three years, from such annual town meeting, and until their 
successors are qualified, or, if elected at a special meeting, one 
until the expiration of one year, one until the expiration of 
two years, and one until the expiration of three years, from 
the next succeeding annual town meeting, and until their 
successors are qualified; and thereafter at each annual town 
meeting, at which the term of office of a member of the board 
expires, the town shall elect one member of the board to serve 
for three years and until his successor is qualified. Any 
selectman may be a member of said board so elected. In 
either case, whether the town votes that its selectmen shall 
act as a board of sewer commissioners, or elects a board of 
sewer commissioners, the town may at any time thereafter, 
by any or all of the methods permitted by general law, pro- 
vide for the election of a board of three sewer commissioners, 
or that the selectmen may act as a board of sewer commis- 
sioners, as the case may be. 

If a vacancy occurs in the membership of the board elected Vacancy, 
as such the town may at a meeting called for the purpose elect 
a person duly qualified to fill the vacancy for the unexpired 
term. 

Section 3. Said board of sewer commissioners, acting for Board may 
and on behalf of said town, may take by eminent domain water'nghts, 
under chapter seventy-nine of the General Laws, or acquire ^tc. 
by purchase or otherwise, any lands, water rights, rights of 
way or easements, public or private, in said town, necessary 
for accomplishing any purpose mentioned in this act, and May construct 
may construct such mam drams and sewers under or over sewers, enter 
any bridge, railroad, railway, boulevard or other public way, up°any"priv'fte 
or within the location of any railroad, and may enter upon *^°d, etc. 
and dig up any private land, public way or railroad location, 
for the purpose of laying such drains and sewers and of main- 
taining and repairing the same, and may do any other thing 
proper or necessary for the purposes of this act; provided, Proviso, 
that they shall not take in fee any land of a railroad corpora- 
tion, and that they shall not enter upon or construct any 
drain or 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 4. Any person injured in his property by any Recovery for 
action of said board of sewer commissioners under this act '^^^'^s^^- 
may recover damages from said town under said chapter 
seventy-nine. 

Section 5. The town shall by vote determine what pro- Towntodeter- 
portion of the cost of said system or systems of sewerage and pJrlion^of c°o'st. 
sewage disposal the town shall pay; provided, that it shall Proviso. 
pay not less than one fourth nor more than two thirds of the 
whole cost. In providing for the payment of the remaining 
portion of the cost of said system or systems or for the use of 



320 



Acts, 1928. — Chap. 28S. 



To determine 
method of 
meeting re- 
maining portion 
of cost. 



May borrow 
money, issue 
bonds, etc. 



Falmouth 
Sewer Loan, 
Act of 1928. 



Receipts from 
sewer assess- 
ments, etc., 
how apphed. 



Board may 
appoint clerk 
and superin- 
tendent of 
sewers, etc. 

Rentals for 
use of sewer 
systems. 



Contracts. 



Rules and 
regulations. 



said'system or systems the town may avail itself of any or all 
of the methods permitted by general law, and the provisions 
of general law relative to the assessment, apportionment, 
division, reassessment, abatement and collection of sewer 
assessments, to liens therefor and to interest thereon shall 
apply to assessments made under this act. At the same 
meeting at which it determines the proportion of the cost 
which is to be borne bj^ the town, it may by vote determine 
by ^^hich of such methods provision shall be made to meet the 
remaining portion of said cost. The collector of taxes of said 
town shall certify the payment or payments of such assess- 
ments or apportionments thereof to said board of sewer com- 
missioners, or to the selectmen acting as such, who shall pre- 
serve a record thereof. 

Section 6. For the purpose of paying the necessary 
expenses and liabilities incurred by said town under this act, 
it may borrow from time to time within a period of five j-ears 
after this act is accepted 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, Falmouth Sewer Loan, Act of 1928. 
Each authorized issue shall constitute a separate loan. In- 
debtedness incurred under this act shall, except as provided 
herein, be subject to the provisions of chapter forty-four of 
the General Laws relative to indebtedness for sewer purposes. 

Section 7. The receipts from sewer assessments and from 
payments made in lieu thereof shall be applied to the pay- 
ment of charges and expenses incident to the maintenance 
and operation of said system of sewerage, or to the extension 
thereof, to the payment of interest upon bonds or notes 
issued for sewer purposes or to the payment or redemption of 
such bonds or notes. 

Section 8. Said board of sewer commissioners may an- 
nually appoint a clerk, and may appoint a superintendent of 
sewers, who shall not be members of the board. It may 
remove the clerk or superintendent at its pleasure, and may 
define their duties. Said board may in its discretion prescribe 
for the users of said sewer systems such annual rentals or 
charges, based upon the benefits derived therefrom, as it 
may deem proper. 

Section 9. All contracts made by the said board of 
sewer commissioners shall be made in the name of the town 
and shall be signed by said board, but no contract shall be 
made or obligation incurred by said board for any purpose 
in excess of the amount of money appropriated by the town 
therefor. 

Section 10. Said board may from time to time prescribe 
rules and regulations for the connection of estates and build- 
ings with main drains and sewers, and for inspection of the 
materials, the construction, alteration and use of all connec- 
tions and drains entering into such main drains or sewers, 
and may prescribe penalties, not exceeding twenty dollars, 
for each violation of any such rule or regulation. Such rules 



Acts, 1928. — Chap. 289. 321 

and regulations shall be published at least once a week for 
three successive weeks in some newspaper published in the 
town of Falmouth, if there be any, and if not, then in some 
newspaper published in the county of Barnstable, and shall ^^^,f' ^.^^"p**" 
not take effect until such publications have been made. etc. 

Section 11. No act shall be done under authority of the pians for sys- 
preceding sections, except in the making of surveys and other a|e', approval 
prehminary investigations, until the plans for the said system j^^V'of '^^Tr*' 
of sewerage have been approved by the state department of health, etc. 
pubhc health. Upon application to said department for such 
approval it shall give a hearing, after due notice to the pub- 
lic. At such hearing plans showing all the work to be done in 
constructing said system of sewerage shall be submitted for 
the approval of said department. 

Section 12. Until said board of sewer commissioners has Committee of 
been elected as provided in this act, or the selectmen have on^constructfon 
been authorized by vote of the town to act as such board, the °f system of 

•^ ... ~ .. , . ' sewerage until 

town may carry on the construction oi its system oi sewerage election of 
by a duly authorized committee of the town. Said committee commission'^rl 
shall serve without pay and shall have all the powers and 
authority given to the board of sewer commissioners in this 
act or by general law. 

Section 13. This act shall take full effect upon its accept- Effective upon 
ance by vote of a majority of the registered voters of said mafority'^vote 
town present and voting at an annual town meeting, or at a voteSflTc^'^ 
special town meeting called for the purpose, held prior to 
December tliirty-first, nineteen hundred and thirty-one ; but 
for the purpose only of such acceptance it shall take effect 
upon its passage. No expenditure shall be made and no lia- 
bility incurred under this act until such acceptance. 

Approved May 4, 1928. 



C/iap.289 



An Act authorizing the city of taunton to pay the 
claim of agnes a. winston for damages arising from 
an accident caused by equipment used by its fire 
department. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of discharging a moral ^n^m°iy^pay" 
obligation, the city of Taunton may pay a sum not exceeding a certain sum 
two thousand dollars to Agnes A. Winston, to compensate winslon^for 
her for personal injuries sustained by her as the result of an from^^accidentT^ 
accident caused by equipment used by the fire department caused by 
of said city on or about January twenty-nine, nineteen used^^^Us fire 
hundred and twenty-six. department. 

Section 2. This act shall take effect upon its acceptance Submission to 
during the current year by vote of the municipal council of councTil'etc. 
said city, subject to the provisions of its charter, but not 
otherwise. Approved May 5, 1928. 



322 



Acts, 1928. — Chaps. 290, 291. 



C/? OX). 290 -^^ ^'^'^ '^^ CHANGE THE BASIS OF PAYMENTS IN LIEU OF 
TAXES ON CERTAIN PROPERTY HELD BY THE COMMON- 
WEALTH OUTSIDE THE LIMITS OF THE WACHUSETT RESER- 
VOIR IN THE TOWN OF BOYLSTON FOR PURPOSES OF THE 
METROPOLITAN WATER SUPPLY. 



Basis of pay- 
ments in lieu 
of taxes on 
certain property 
held by com- 
monwealth 
outside limits 
of Wachusett 
reservoir in 
town of Boyl- 
ston for pur- 
poses of metro- 
politan water 
supply. 



Certain provi- 
sions of law 
repealed. 



Be it enacted, etc., as follows: 

Section 1. Land, buildings and other structures held 
by the commonwealth outside the limits of the Wachusett 
reservoir in the town of Boylston for the purposes of the 
metropolitan water supply, if yielding no rent, shall not be 
liable to taxation therein, but the commonwealth shall 
annually in September pay, as a part of ihe cost of mainte- 
nance of the metropolitan water system, to said town an 
amount equal to that which the town would receive for taxes 
upon the average of the assessed values of such land, without 
buildings or other structures, for the three years last pre- 
ceding the acquisition thereof, the valuation for each year 
being reduced by all abatements thereon; but any part of 
such property from which any revenue in the nature of rent 
is received shall be subject to taxation; and the provisions of 
sections six and seven of chapter fifty-nine of the General 
Laws shall apply to the reimbursement of said town by the 
commonwealth on account of said land. 

Section 2. The provisions of section sixteen of chapter 
four hundred and eighty-eight of the acts of eighteen hun- 
dred and ninety-five, as amended by section one of chapter 
four hundred and thirty-six of the acts of eighteen hundred 
and ninety-six and by section one of chapter four hundred 
and sixty-seven of the acts of eighteen hundred and ninety- 
seven, relative to the reimbursement of the town of Boylston 
for loss of taxes on all real estate taken or acquired by the 
commonwealth outside the limits of the Wachusett reservoir, 
so far as the same relate to said town, are hereby repealed. 

Approved May 5, 1928. 



G. L. 44, § 8. 
etc., amended. 



C/iap.291 An Act relative to the purposes for which cities 

AND towns may BORROW OUTSIDE THE DEBT LIMIT. 

Be it enacted, etc., as follows: 

Chapter forty-four of the General Laws, as amended in 
section eight by section eleven of chapter four hundred and 
eighty-six of the acts of nineteen hundred and twenty-one, 
by section one of chapter three hundred and three of the acts 
of nineteen hundred and twenty-three, and by chapters 
forty-five and three hundred and seventeen, both of the acts 
of nineteen hundred and twenty-six, is hereby further 
amended by striking out said section eight and inserting in 
place thereof the following : — Section 8. Cities and towns 
may incur debt, outside the hmit of indebtedness prescribed 
in section ten, for the following purposes and payable within 
the periods hereinafter specified: 



Purposes for 
which cities 
and towns may 
borrow outside 
the debt limit. 



Acts, 1928. — Chap. 291. 323 

(1) For temporary loans under section four, five, jfive A, ^JJich dUes'^ 
six, six A, or seventeen, one year, and towns may 

(2) For maintaining, distributing and providing food, theTbtuS 
other common necessaries of life and temporary shelter for 

their inhabitants upon the occasions and in the manner set 
forth in section nineteen of chapter forty, two years. 

(3) For establishing or purchasing a system for supplying 
the inhabitants of a city or town with water, for the purchase 
of land for the protection of a water system, or for acquiring 
water rights, thirtj'' years. 

(4) For the construction of filter beds, standpipes, reser- 
voirs and buildings for pumping stations, twenty years. 

(5) For laying and relaying water mains of not less than 
six inches but less than sixteen inches in diameter, fifteen 
years. 

(6) For constructing and laying aqueducts and water 
mains of sixteen inches or more in diameter, twenty-five years. 

(7) For the extension of water mains and for water 
departmental equipment, five j'-ears. 

(8) For establishing, purchasing, extending or enlarging 
a gas or electric lighting plant within the limits of the terri- 
tory within which such gas or electric lighting plant is au- 
thorized to distribute its products, twenty years; but the 
outstanding indebtedness so incurred shall not exceed in a 
town five per cent and in a city two and one half per cent 
of the last preceding assessed valuation of such town or city. 

(9) For such emergency appropriations as shall be ap- 
proved by a board composed of the attorney general, the 
state treasurer and the director, one year. 

(10) For acquiring land or constructing buildings or other 
structures, including the cost of original equipment, as 
memorials to soldiers, sailors and marines, twenty years; 
but the indebtedness so incurred shall not exceed one half 
of one per cent of the last preceding assessed valuation of the 
city or tow^n. 

(11) For the payment of an assessment for a proportionate 
share of the expense of construction of a county tuberculosis 
hospital under section eighty-three of chapter one hundred 
and eleven, twenty years. 

(12) For acquiring street railway property under sections 
one hundred and forty-three to one hundred and fifty-eight, 
inclusive, of chapter one hundred and sixty-one, operating 
the same, or contributing toward the sums expended by a 
transportation area for capital purposes, ten years; but the 
indebtedness so incurred shall not exceed two per cent of the 
last preceding assessed valuation of the city or town. 

Debts for purposes mentioned in clause (1) of this section pedods within 
shall be payable as provided for in sections four, five, five A, Jj^^n^be^^*^ 
six, six A and seventeen. Debts for all other purposes men- payable, etc. 
tioned in this section shall be payable within the periods 
above specified from the date of the first issue of bonds or 
notes on account thereof, and may be incurred in accordance 
with the laws relating to such purposes, so far as they are 



324 



Acts, 1928. — Chaps. 292, 293. 



Debts for cer- 
tain purposes 
not authorized 
to amount 
exceeding ten 
per cent, etc. 



consistent with this chapter. Debts, except for temporary 
loans, may be authorized under this section only by a two 
thirds vote. 

Debts for purposes mentioned in clauses (3), (4), (5), (6) 
and (7) of this section shall not be authorized to an amount 
exceeding ten per cent of the last preceding assessed valu- 
ation of the city or town. Approved May 5, 1928. 



Chav. 292 ^^ ^^t relative to fees for examination and audit of 

co-operative banks. 

Be it enacted, etc., as follows: 

Chapter one hundred and seventy of the General Laws, as 
amended in section forty-seven by chapter two hundred and 
fifty-six of the acts of nineteen hundred and twenty-two, is 
hereby further amended by striking out said section forty- 
seven and inserting in place thereof the following : — Section 
47. To defray the expense of the examination and audit 
provided for by the preceding section, every such corporation 
so examined and audited shall, upon notice from the commis- 
sioner, pay to him as a fee therefor the actual cost of such 
examination and audit, not including any portion of the 
overhead expense of the division of banks and loan agencies. 
Immediately after the close of the fiscal year of the common- 
wealth, that part of the overhead expense of the division 
which shall be determined by the commissioner to be attribut- 
able to the supervision of such corporations shall be assessed 
upon and paid by each such corporation in the proportion 
that its total assets bear to the aggregate total assets of all 
co-operative banks as shown by their annual reports at the 
close of business on their respective regular meeting days 
for the receipt of moneys in October; provided, that an 
assessment upon any such corporation, together with the fee 
payable as aforesaid for the actual cost of its examination 
and audit shall not exceed twenty cents per one thousand 
dollars of assets as shown by its statement of condition on the 
date of such examination and audit. For the purpose of this 
section traveling and hotel expense shall be included in the 
overhead expense of the aforesaid division. 

Approved May 6, 1928. 



G. L. 170, § 47, 
etc., amended. 



Fees for 

examination 
and audit of 
co-operative 
banks. 



Assessment of 

overhead 

expense. 



Proviso. 



Traveling and 
hotel expense 
included in 
overhead 
expense. 



Chap.29Z An Act relative to the powers of the transcript 

MUTUAL AID SOCIETY INCORPORATED. 



Transcript 
Mutual Aid 
Society Incor- 
porated may 
pay disability 
benefits. 



Be it enacted, etc., as follows: 

The Transcript Mutual Aid Society Incorporated, a cor- 
poration established under general law, may pay disability 
benefits not exceeding fifteen dollars per week, any provision 
of its certificate of incorporation to the contrary notwith- 
standing. Approved May 5, 1928. 



\ 



Acts, 1928. — Chap. 294. 325 



An Act relative to the south essex sewerage district. (JJiq^t) 294 
Be it enacted^ etc., as follows: 

Section 1. The first paragraph of section fifteen of ^^^s, 339. j is, 
chapter three hundred and thirty-nine of the acts of nineteen amended. 
hundred and twenty-five is hereby amended by striking out 
the first sentence and inserting in place thereof the following: 
— The cost of construction of the sewers and other works 
provided for in this act, excluding interest on all bonds or 
notes issued under the provisions of this act, shall not exceed 
the sum of one million eight hundred thousand dollars, — 
so as to read as follows: — Section 16. The cost of construe- Limitation as 
tion of the sewers and other works provided for in this act, ^naTruction. 
excluding interest on all bonds or notes issued under the 
provisions of this act, shall not exceed the sum of one milHon 
eight hundred thousand dollars. To meet the expenses on Temporary 
account of such construction the treasurer of said South oTboifds'^or"^ 
Essex Sewerage District with the approval of the South Essex notes to meet 
Sewerage Board, may make temporary loans and may bor- constfuct°on, 
row from time to time in anticipation of the serial loan here- ^*''' 
inafter provided for, and he may issue bonds or notes there- 
for and may refund such bonds or notes from time to time 
until the serial loan hereinafter provided for is issued. The 
treasurer of said South Essex Sewerage District shall, upon 
vote of said South Essex Sewerage Board, issue bonds or notes 
of said district to such amount as may be necessary to pay the 
temporary loans outstanding and any balance of construction 
cost as herein authorized. Each authorized issue shall con- 
stitute a separate loan, and such loans shall be payable in not 
more than twenty years from their dates. 

Section 2. Section eighteen of said chapter three hun- 1925. 339, § is. 
dred and thirty-nine, as amended by section one of chapter |tc*!f Amended.'" 
thirty-six of the acts of nineteen hundred and twenty-seven, 
is hereby further amended by adding at the end of subdivision 
(a) the following : — , except that said board shall have power 
to add to the apportionment for cost of construction to any 
such institution such part of the cost of the sewer as it may 
determine was expended solely for the benefit of that institu- 
tion, — so that said subdivision (a) will read as follows : — 
(a) The cost of construction and the cost of maintenance and borni ^h^^ 
operation of the main sewer from the junction of the sewer Danyera state 
serving the said Middleton colony with the sewer serving Essex co'untV 
said Essex county sanatorium to the point of intersection Essex°county 
with the highway crossing the valley of Beaver Brook near '^^v'^'^'^^^L 
the Ferncroft station, so-called, on the Boston and Maine rail- ind?istr1ai 
road, shall be borne by the Danvers state hospital, including gt^^' «='<=®p*' 
the Middleton colony thereof, the Essex county sanatorium, 
the Essex county agricultural school and the industrial camp 
and shall be apportioned to and among said institutions on 
the bases hereinafter provided for construction and for main- 
tenance and operation, respectively, except that said board 
shall have power to add to the apportionment for cost of 



326 



Acts, 1928. — Chap. 294. 



1925, 339, § 18, 
subdivision {b), 
etc., amended. 



Costs to be 
borne by said 
institutions and 
town of 
Danvers. 



1925, 339, § 18, 
subdivision (c), 
etc., amended. 



Costs to be 
borne by said 
institutions, 
town of 
Danvers and 
city of Beverly. 



1925, 339, § 18, 
etc., amended. 

What shall be 
deemed to be 
charge of main- 
tenance, etc., 
of the particu- 
lar institution 
on account of 
which auj 
apportionment 
shall be made. 

Procedure in 
case any of 
said cities, 
town, etc., 
fail to pay 
amount appor- 
tioned before 
November lat 
in any year, 
etc. 



construction to any such institution such part of the cost of 
the sewer as it may determine was expended solely for the 
benefit of that institution. 

Section 3. Said section eighteen, as so amended, is 
hereby further amended by striking out, in the third line of 
subdivision (b), the words "the end of the force main" and 
inserting in place thereof the words: — a point, — so that 
said subdivision (6) will read as follows: — (6) The cost of 
construction and the cost of maintenance and operation of the 
said main sewer from said point near the Ferncroft station, 
so-called, to a point about eight hundred feet east of the line 
dividing the town of Danvers from the city of Beverly, in- 
cluding the cost of the pumping station to be located near 
the Danvers-Beverly boundary line, shall be borne by the 
said institutions and the town of Danvers, and shall be ap- 
portioned to said institutions and said town on the bases 
hereinafter provided for construction and for maintenance 
and operation, respectively. 

Section 4. Said section eighteen, as so amended, is 
hereby further amended by striking out, in the second and 
third lines of subdivision (c) the words "the end of said force 
main" and inserting in place thereof the words: — said point 
about eight hundred feet east of said Danvers-Beverly 
boundary line, — so that said subdivision (c) will read as 
follows : — 

(c) The cost of construction and the cost of maintenance 
and operation of the said main sewer from said point about 
eight hundred feet east of said Danvers-Beverly boundary 
line through the city of Beverly, including the cost of the 
pumping station to be located at or near Tuck's Point in the 
city of Beverly, and the cost of the outfall sewer from said 
pumping station to its junction in or near Juniper Cove with 
the outfall sewer from the cities of Salem and Peabody, shall 
be borne by said institutions, the town of Danvers, and the 
city of Beverly, and shall be apportioned to said institutions, 
town and city on the bases hereinafter provided for construc- 
tion and for maintenance and operation, respectively. 

Section 5. Said section eighteen, as so amended, is 
hereby further amended by adding at the end thereof the 
three following new paragraphs : — Every apportionment 
both for cost of construction and for maintenance and opera- 
tion made against the commonwealth, the county of Essex 
or any of the institutions aforesaid, shall be deemed to be a 
charge of maintenance, care and operation of the particular 
institution against which or on account of which any such 
apportionment shall be so made. 

In case any of said cities, town, commonwealth, county and 
institutions for any reason shall not pay on or before the first 
day of November in any year the amount apportioned to it 
as aforesaid, said board, through its treasurer, may borrow 
from time to time in anticipation of the payment of any and 
all unpaid assessments therefor a sum or sums sufficient to 
pay the balance of retirement and interest payments falling 



Acts, 1928. — Chap. 295. 327 

due that year as hereinbefore provided, and may issue notes 
therefor and may refund such notes from time to time until 
all of such assessments shall have been fully paid, and may 
pay interest on all such notes, which interest payments shall 
be included in the subsequent apportionment. 

Said board, through its treasurer, may borrow from time Board may 
to time to meet interest payments on bonds or notes a sum fntJ^elt^pay-^^* 
or sums sufficient to pay such interest payments, and may P®"j^°° 
issue notes therefor, and may refund such notes from time to °" ^' ^ ''' 
time until assessments to meet such interest payments shall 
have been fully paid, and may pay interest on all such notes, 
which interest payments shall be included in the next 
apportionment. Approved May 5, 1928. 



An Act increasing the salaries of the chief justice (JJidj) 295 

AND THE associate JUSTICES OF THE SUPREME JUDICIAL 
COURT AND OF THE CHIEF JUSTICE AND THE ASSOCIATE 
JUSTICES OF THE SUPERIOR COURT. 

Be it enacted, etc., as follows: 

Section 1. Chapter two hundred and eleven of the g. l. 211, § 22, 
General Laws is hereby amended by striking out section ^'"®°*^^'^- 
twenty-two and inserting in place thereof the following: — 
Section 22. The chief justice of the court shall receive a Salaries of chief 
salary of fifteen thousand dollars and each associate justice issodatTlJis- 
a salary of fourteen thousand dollars, and the chief justice tices of supreme 
and each associate justice shall annually receive from the etc. 
commonwealth, upon certificate of the chief justice, the 
amount of the expenses incurred by them in the discharge of 
their duties. Said chief justice and the associate justices 
who were members of the court on June tenth, nineteen 
hundred and twenty-three, shall Hkewise be entitled to the 
benefits of sections sixty-one and sixty-two of chapter 
thirty-two of the General Laws, except that their retirement 
allowances thereunder shall be based upon the salaries re- 
ceived by them immediately prior to said date. 

Section 2. Chapter two hundred and twelve of the g. l. 212, 5 27, 
General Laws is hereby amended by striking out section amended, 
twenty-seven and inserting in place thereof the following : — 
Section 27. The chief justice shall receive a salary of thirteen salaries of 
thousand dollars and each associate justice a salary of twelve and Usodate 
thousand dollars, and the chief justice and each associate justices of 
justice shall annually receive from the commonwealth, upon ^"p®'"'"'' '^ 
the certificate of the chief justice, the amount of the ex- 
pense incurred by them in the discharge of their duties. 

Section 3. This act shall not take effect until an ap- Time of taking 
propriation has been made sufficient to cover the increases ®^®°*' ®**'" 
provided for therein, and then as of September first in the 
current year. Approved May 7, 1928. 



328 Acts, 1928. — Chaps. 296, 297. 



Chap. 296 An Act establishing the salary of the secretary of 

THE BOARD OF REGISTRATION IN PHARMACY. 

Be it enacted, etc., as follows: 
G^i-13, §24, Section 1. Section twenty-four of chapter thirteen of 
the General Laws is hereby amended by striking out, in the 
second hne, the words "one thousand" and inserting in place 
thereof the words : — fifteen hundred, — so as to read as 
Saiaries^and f ollows : — Sectiou 2Jf. There shall be paid by the com- 
membersof mouwealth to the secretary of the board a salary of fifteen 
trTtioifin^°'^ hundred dollars, to each of the other members thereof a 
pharmacy. salary of scvcn hundred dollars, and to each member thereof 
his necessary traveling expenses actually incurred in attend- 
ing the meetings of the board, 
teto^iffect Section 2. This act shall not take effect until an ap- 

etc. ' propriation has been made, and then as of June first in the 

current year. Approved May 7, 1928. 

Chap. 291 An Act relative to certain petitions to the general 

COURT AFFECTING PUBLIC SERVICE CORPORATIONS. 

Be it enacted, etc., as follows: 

Sc ^amended. Section five of chapter three of the General Laws, as 
amended by section one of chapter one hundred and seventy 
of the acts of nineteen hundred and twenty-four and by 
section one of chapter one hundred and seven of the acts of 
nineteen hundred and twenty-six, is hereby further amended 
by striking out the last sentence and inserting in place 
thereof the following new paragraph : — Every petition 
seeking as aforesaid the incorporation or revival or change 
of name of a public service corporation and every petition 
by or on behaK of such a corporation seeking as aforesaid 
legislation otherwise amending, altering or extending the 
charter or corporate powers or privileges of such a corpora- 
tion shall be accompanied by a fee of twenty-five dollars 
which shall be paid to the commonwealth, — so as to read 
Certain peti- as f ollows : — Section 5. Whoever intends to present to the 
cJTurt^ffMtin^g' general court a petition for the incorporation of a city or 
municipal and town, for the annexation of one municipality to another, for 
corporaUons? the consolidation of two or more municipalities or for the 
notice^etc" °^ division of an existing municipality, or for the incorporation 
or revival of a railroad, street railway, elevated railroad, 
canal, telephone, telegraph, water, gas, electric light, power 
or other public service corporation, for the amendment, 
alteration or extension of the charter or corporate powers or 
privileges, or for the change of name, of any such company, 
whether specially incorporated or organized under general 
laws, or for authority to take water for a water supply, or 
relative to building structures over navigable or tide waters, 
shall give notice of such petition by publishing a copy thereof 
once in each of three successive weeks in such newspapers as 
the state secretary, having regard to the locality of the in- 



Acts, 1928. — Chap. 298. 329 

tercsts involved in such petition, shall direct, the last pub- 
lication to be made at least twenty-four days before the 
session at which the petition is to be presented. Such peti- hili'to beamed. 
tion with a bill embodying in substance the legislation peti- etc. 
tioned for shall be deposited on or before the third Saturday 
of December in the office of the state secretary, with proof 
of publication satisfactory to him, and he shall file said 
petition and bill forthwith with the clerk of the house of 
representatives, with his endorsement that the required 
pubhcation has been made. 

Every petition seeking as aforesaid the incorporation or Certain peti- 
revival or change of name of a public service corporation and