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

ACT 

Approved by the People, November 8, 1932 
(Chapter 310, Acts of 1932) 

AND 

ACTS AND RESOLVES 



PASSED EY THE 



(g^n^ral (Hanrt nf iiasfiarl|uartt0 



IN THE TEAR 



1933 



TOGETHER WITH 

RETURNS OF VOTES UPON CONSTITUTIONAL AMENDMENT AND 

QUESTIONS SUBMITTED TO VOTERS, TABLES SHOWING 

CHANGES IN THE STATUTES, ETC. 



PUBLISHED BY THE 

SECRETARY OF THE COMMONWEALTH. 




BOSTON 

THE JORDAN & MORE PRESS 

1933 



Chapter 310. 

tKfje Commontoealtf) of ^asisiacfjusfettsJ 



In the Year One Thousand Nine Hundred and Thirty-two. 



G. L. 52, § 1. 
etc., amended. 



State com- 
mittees. 
Election, 
terms, etc. 



An Act relative to state and party primaries and Chap.SlO 

CONVENTIONS OF POLITICAL PARTIES, 

Be it enacted hy the People, and by their authority: 

Section 1. Section one of chapter fifty-two of the 
General Laws, as amended by section one of chapter 
twenty-five and chapter two hundred and ninety-five of 
the acts of nineteen hundred and twenty-seven, is here- 
by further amended by inserting, in the seventh hne, after 
the word "the" the word: — party, — by striking out, 
in the tenth Hne, the word "committee" and inserting in 
place thereof the words: — state convention, — and by 
striking out, in the eleventh line, the words "the state" 
and inserting in place thereof the word: — said, — so as 
to read as follows: — Section 1 . Each political party shall, 
in the manner herein provided, elect from among its en- 
rolled members a state committee, the members of which 
shall hold office for two years from January first next 
following their election and until their successors shall 
have organized. Said committee shall consist of one 
member from each senatorial district, to be elected at the 
party primaries before each biennial state election by 
plurality vote of the members of his party in the district, 
and such number of members at large as may be fixed by 
the state convention, to be elected at said convention. 

The members of the state committee shall, in January 
following their election, meet and organize by the choice 
of a chairman, a secretary, a treasurer and such other 
officers as they may decide to elect. 

The secretary of the state committee shall, within ten 
days after such organization, file with the state secretary, 
and send to each city and town committee, a list of the 
members of the committee and of its officers. 

A vacancy in the office of chairman, secretary or treasurer 
of the committee or in the membership thereof shall be 
filled by the committee, and a statement of any such change 
shall be filed as in the case of the officers first chosen. 

Section 2. Section two of said chapter fifty-two, as 
amended by section one of chapter one hundred and 
fourteen of the acts of nineteen hundred and twenty-five 
and by section two of chapter twenty-five of the acts of 



Organization. 



Filing with 
state secre- 
tary, etc., of 
members, etc. 



Vacancies, 
how filled. 

Filing of 
statement 
of changes. 
G. L. 52, § 2, 
etc., amended. 



Acts, 1932. — Chap. 310. 



Ward and 
town com- 
mitteea, elec- 
tion, terms, 
etc. 



G. L. 52, §9, 
etc., amended. 



Number of 
delegates to 
national con- 
vention. 



Number of 
members of 
ward and town 
committees. 

Notice to state 
secretary. 



Maximum 
numerical 
membership of 
committees in 
certain cases. 



G. L. 53, § 2, 
amended. 



Nominations, 
how made. 



nineteen hundred and twenty-seven, is hereby further 
amended by inserting, in the second hne, after the word 
"the" the word: — party, — so as to read as follows: — 
Section 2. Each poHtical party shall, in every ward and 
town, elect at the party primaries before each biennial 
state election from among the enrolled members of the 
party a committee to be called a ward or town committee, 
whose members shall hold office for two years from January 
first following their election and until their successors shall 
have organized, except as provided in section seven. 

Section 3. Section nine of said chapter fifty-two, as 
amended by chapter one hundred of the acts of nineteen 
hundred and twenty-six, is hereby further amended by 
striking out, in the second and third lines, the words 
"delegates to the state convention, not less than one for 
each ward or town" and inserting in place thereof the words: 

— district delegates and the number of district alternate 
delegates, not less than one from each congressional district, 
and the number of delegates and alternate delegates at 
large, to the national convention, — and by striking out, 
in the eighth line, the word "August" and inserting in 
place thereof the word: — March, — so as to read as 
follows: — Section 9. The state committee shall fix the 
number of district delegates and the number of district 
alternate delegates, not less than one from each con- 
gressional district, and the number of delegates and alter- 
nate delegates at large, to the national convention. City 
and town committees shall fix the number of members of 
ward and town committees, not less than three for each 
ward or town. Notice of the number of delegates and 
members of committees to be elected shall be given by 
the state, city or town committee, as the case may be, 
to the state secretary on or before March first. In case 
a city or town committee fails to fix the number of the 
members of a ward or town committee and to give notice 
thereof as aforesaid to the state secretary, the number of 
members of such a ward or town committee to be elected 
shall not exceed ten. 

Section 4. Section two of chapter fifty-three of the 
General Laws is hereby amended by inserting, in the second 
hne, after the word "provided" the words: — and except 
as provided by section fifty-four, — • so as to read as follows: 

— Section 2. Except in the case of municipal nominations 
where city or town charters otherwise provide and except 
as provided in section fifty-four, candidates of political 
parties for all elective offices, except presidential elector, 
shall be nominated, and members of political committees 
and delegates to conventions shall be elected, in primaries 
or caucuses, and the nomination of any party other than a 
pohtical party, in any district containing more than one 
ward or town, shall be made by a convention of delegates 
chosen by caucuses held under section one hundred and 
seventeen in the wards and towns of the district for which 



Acts, 1932. — Chap. 310. 



the nomination is to be made. All nominations and 
elections in primaries and caucuses shall be by direct 
plurality vote. No candidate shall be nominated, or 
political committee or convention delegate elected, in any 
other manner than is herein provided. 

Section 5. Section twenty-eight of said chapter fifty- 
three, as amended by chapter ninety-six of the acts of 
nineteen hundred and twenty-six, is hereby further 
amended by striking out, in the fifth line, the word "presi- 
dential" and inserting in place thereof the word: — party, 
— so as to read as follows: — Section 28. State primaries 
shall be held on the seventh Tuesday preceding state 
elections, city primaries on the third Tuesday preceding 
city elections, town primaries on the second Tuesday 
preceding town elections, and party primaries on the last 
Tuesday in April; except that primaries before a special 
election shall be held on the second Tuesday preceding the 
special election. 

Except in Boston, they shall be held wholly or partly 
by wards, precincts or towns, as the aldermen or selectmen 
may designate. 

Section 6. Section thirty-two of said chapter fifty-three 
is hereby amended by striking out, in the second and fifth 
lines, the word "presidential" and inserting in place thereof 
the word : — party, — so as to read as follows : — Section 32. 
Ballots shall be prepared and provided, and the number 
thereof determined, in state and party primaries by the 
state secretary, in city and town primaries by the city or 
town clerk. No other ballots shall be received or counted, 
except that if ballots provided for a state or party primary 
are not delivered, or after delivery lost, destroyed or stolen, 
ballots similar as far as possible shall be provided by the 
city or town clerk and used at the primary. The number 
of ballots provided at a city or town primary shall not for 
any ward or town exceed one ballot of each party for each 
voter therein. No such ballots shall be printed in any 
printing estabhshment owned or managed by the city of 
Boston. 

Section 7. Section thirty-four of said chapter fifty- 
three, as amended by section one of chapter three hundred 
and two of the acts of nineteen hundred and twenty-three 
and section one of chapter three hundred and twelve of 
the acts of nineteen hundred and twenty-five, is hereby 
further amended by striking out said section and inserting 
in place thereof the following: — Section 34- At the top 
of each ballot shall be printed the words "Official ballot 
of the (here shall follow the party name)". On the back 
of each ballot when folded shall be printed the same words, 
followed by the number of the precinct and ward or the 
name of the town for which the ballot is prepared, the date 
of the primary and for state or party primaries a facsimile 
of the signature of the state secretary and for city or town 
primaries a facsimile of the signature of the city or town 



G. L. 53, § 28, 
etc., amended. 



Days and 
places of hold- 
ing primaries. 



G. L. 53, i 
amended. 



32, 



Ballots for 
primaries, 
preparation 
and number. 



G. L. 53, § 34, 
etc., amended. 



Ballots, sub- 
stance, arrange- 
ment and form. 



6 Acts, 1932. — Chap. 310. 

BaUots, Bub- clerk. Names of candidates for each elective office and 
menrand7°rm" ^^F delegates to State conventions and for members of state 
committees shall be arranged alphabetically according to 
their surnames, except that names of candidates endorsed 
for nomination by a state convention shall be placed first 
and names of other candidates shall follow in alphabetical 
order. 

Names of candidates for delegates to national con- 
ventions shall be arranged under separate headings, and 
in the following order, the names of candidates for delegates 
at large, alternate delegates at large, district delegates, and 
alternate district delegates. The names of candidates 
appearing in nomination papers containing nominations 
for all the places to be filled shall be placed first on said 
ballot, arranged in groups and in the same order as in the 
nomination papers. The names of candidates appearing 
in nomination papers containing nominations for less than 
all the places to be filled shall follow, alphabetically ar- 
ranged. The ballot shall also contain a statement of the 
preference, if any, of each candidate for delegate as to a 
candidate for nomination for president, provided that such 
statement appears in his nomination papers; but no such 
statement of preference by any candidate for delegate 
shall appear upon the ballot unless such candidate for 
nomination for president files his written assent thereto 
with the state secretary on or before five o'clock in the 
afternoon of the last day for filing nomination papers. 
Such assent may be communicated by telegraph. 

Names of candidates for ward or town committees and 
for delegates to national conventions shall be arranged 
in groups in such order as may be determined by lot, under 
the direction of the state secretary, who shall notify each 
state committee and give a representative of each such 
committee an opportunity to be present. When necessary, 
groups may be printed on the ballot in two or more columns. 

Against the name of a candidate for an elective office, 
for a ward or town committee or for a member of a state 
committee shall be printed the street and number, if any, 
of his residence. 

Against the name of a candidate for an elective office 
shall be printed the statement contained in the nomination 
paper placing him in nomination, or, if endorsed for nomi- 
nation by a state convention, the statement, — "Endorsed 
for nomination by (name of political party) convention", 
— together with the eight word statement authorized by 
section forty-five. 

No names shall be printed on a ballot other than those 
endorsed for nomination by state conventions and those 
presented on nomination papers. Immediately following 
the names of candidates, blank spaces equal to the number 
of persons to be chosen shall be provided for the insertion 
of other names. 



Acts, 1932. — Chap. 310. 



The number of persons to be voted for for the different 
offices shall be stated on the ballot. 

The form of ballots and the arrangement of printed 
matter thereon shall be in general the same as that of the 
official state ballots, except as otherwise provided in this 
chapter. 

Section 8. Section thirty-five of said chapter fifty- g. l. 53. § 35. 
three, as amended by section two of chapter three hundred ^*''- ^'^^'^^^<^- 
and two of the acts of nineteen hundred and twenty-three 
and section two of chapter three hundred and twelve of 
the acts of nineteen hundred and twenty-five, is hereby 
further amended by striking out, in the fourth line, the word 
"state" and inserting in place thereof the word: — national, 
— so as to read as follows : — Section 35. A cross (X) 
marked against a name shall constitute a vote for the 
person so designated. A cross in the circle at the head 
of a group of candidates for a ward or town committee or 
for delegates to a national convention shall count as a vote 
for each candidate therein. A voter may vote for one or 
more candidates in any such group by marking a cross 
against the name of each such candidate, or he may insert 
another name and mark a cross against it. If he votes 
for more candidates than the number to be elected, his 
vote shall not be counted. 

Section 9. Section forty-one of said chapter fifty-three g. l. 53, § 41, 
is hereby amended by striking out said section and inserting ^i^ended. 
in place thereof the following : — 



A cross to 
constitute a 
vote, etc. 



PROVISIONS APPLYING TO STATE AND PARTY PRIMARIES. 

Section 4I . State primaries shall be held for the nomina- 
tion of candidates of political parties for all offices to be 
filled at a state election, except presidential elector. Party 
primaries shall be held for the election of district members 
of state committees, members of ward and town com- 
mittees, delegates to state conventions of political parties, 
and, in years in which presidential electors are to be elected, 
delegates and alternate delegates to the national con- 
ventions of pohtical parties. Such nominations and 
elections shall be by direct plurality vote. Sections forty- 
two to fifty-three A, inclusive, shall apply to state and party 
primaries only. 

Section 10. Section forty-two of said chapter fifty-three 
is hereby amended by striking out, in the fourth line, the 
word "August" and inserting in place thereof the word: — 
March, — so as to read as follows: — Section 1^2. In cities 
or towns where the aldermen or selectmen determine the 
question of holding primaries by wards, precincts, or groups 
of precincts, they shall give notice of their determination 
to the state secretary on or before March first; except that 
in case of primaries before special elections they shall give 
such notice at least fourteen days before the primaries. 

Section 11. Section forty-three of said chapter fifty- 
three is hereby amended by striking out, in the first line, 



state and 
party pri- 
maries. 



Sections 
applicable. 



G. L. 53, § 42, 
amended. 



Notice to state 
secretary that 
primaries will 
be held by 
wards, pre- 
cincts, or 
groups of pre- 
cincts. 



G. L. 53, § 43, 
amended. 



Acts, 1932. — Chap. 310. 



When polls 
shall be open. 



G. L. 53, § 44, 
etc., amended. 



Nomination 
papers, 
number of 
signatures. 



G. L. 53, 
amended. 



Same subject. 

Contents, 

qualificiitions 

of signers, 

acceptance, 

number of 

candidates. 



G. L. 53, § 47, 
amended. 

Same subject. 

Preparatipn, 

etc. 



the word "state" so as to read as follows: — Section J^3. 
The polls at every primary shall be open during such hours, 
not less than nine in cities or two in towns, as may be 
designated by the aldermen in cities, and in towns by by- 
law or vote, or, in default of such by-law or vote, by the 
selectmen. 

Section 12. Section forty-four of said chapter fifty- 
three, as amended by chapter one hundred and thirty-five 
of the acts of nineteen hundred and twenty-nine, is hereby 
further amended by striking out said section and inserting 
in place thereof the following: — Section 44- The nomina- 
tion of candidates for nomination at state primaries shall 
be by nomination papers or by endorsement for nomina- 
tion by state convention as provided in section fifty-four. 
The nomination of candidates for election at party primaries 
shall be by nomination papers only. In the case of offices 
to be filled by all the voters of the commonwealth nomina- 
tion papers shall be signed in the aggregate by at least one 
thousand voters, not more than two hundred and fifty to 
be from any one county. Such papers for all other offices 
to be filled at a state election, and for members of committees 
and delegates to conventions, shall be signed by a number 
of voters equal in the aggregate to five voters for each 
ward or town in the district or county, but in no case shall 
more than two hundred and fifty be required. 

Section 13. Section forty-five of said chapter fifty- 
three is hereby amended by striking out, in the fifteenth 
line, the words "the state convention" and inserting in 
place thereof the word: — conventions, — so as to read 
as follows: — Section 1^.5. Every nomination paper shall 
state, in addition to the name of the candidate, (1) his 
residence, with street and number thereof, if any, (2) the 
office for which he is nominated, (3) the political party 
whose nomination he seeks, and, except for candidates 
for ward and town committees and delegates to conventions 
the paper may state, in not more than eight words, the 
public offices which he holds or has held, and, if he is an 
elected incumbent of an office for which he seeks renomina- 
tion, that he is a candidate for such renomination. 

Signatures shall be subject to section seven, and every 
voter may sign as many nomination papers for each office 
as there are persons to be nominated for or elected thereto, 
and no more. 

A nomination paper shall be valid only in respect to a 
candidate whose written acceptance is thereon. 

No nomination paper shall contain the name of more 
than one candidate, except in the case of delegates to con- 
ventions and members of ward and town committees. 

Section 14. Section forty-seven of said chapter fifty- 
three is hereby amended by striking out, in the second line, 
the word "state", — so as to read as follows: — Section 4.7. 
Nomination papers for use in the nomination of candidates 



Acts, 1932. — Chap. 310. 



to be voted for at primaries shall be prepared, and on request 
furnished, by the state secretary. 

Section 15. Section forty-eight of said chapter fifty- 
three is hereby amended by striking out, at the beginning 
of the second line, the word "state", — so as to read as 
follows: — Section 48. All nomination papers of candi- 
dates to be voted for at primaries shall be filed with the 
state secretary on or before the fifth Tuesday preceding 
the day of the primaries; except in the case of primaries 
before special elections, when nomination papers shall be 
filed on or before the second Tuesday preceding the day 
of the primaries. 

Section 16. Section forty-nine of said chapter fifty- 
three is hereby amended by striking out said section and 
inserting in place thereof the following: — Section 4-9. If 
a person nominated to be voted for at a primary as a 
candidate for nomination for a public office or for election 
as a member of a political committee, dies before the day 
of the primary, or withdraws his name from nomination, 
or is found ineligible, and there is no other candidate of 
the same party for such nomination or election at such 
primary, the vacancy may be filled by the state committee, 
if the candidate is one to be voted for by all the voters of 
the commonwealth; and, in the case of candidates for 
nomination or election in a district, by the members of 
the ward and town committees in the wards and towns com- 
prising the district. In case of the death, withdrawal or 
ineligibility of a candidate for delegate to a national con- 
vention, the vacancy may be filled in any manner which is 
clearly provided for on the nomination paper placing such 
candidate in nomination, before the signature of any voter 
is entered thereon, otherwise the remaining candidate or 
candidates nominated by the same nomination paper 
may fill the vacancy. Notice of the filling of such a vacancy 
shall be given by tiling in the office of the state secretary, 
within the time provided by section fifty, a statement 
signed by the person or persons authorized to fill the 
vacancy, giving the name and residence of the candidate 
nominated, accompanied by his written acceptance. 

Section 17. Section fifty-one of said chapter fifty- 
three, as amended by chapter twenty-nine of the acts of 
nineteen hundred and twenty-five, is hereby further 
amended by striking out, in the fifth and sixth hues, the 
word "state", — so as to read as follows: — Section 51. 
The provisions of section one hundred and five of chapter 
fifty-four authorizing the opening of the ballot box at 
elections in towns, the taking therefrom of the ballots and 
counting thereof, prior to the closing of the polls, shall 
apply to primaries in towns. No ballots cast at a primary 
in cities shall be counted until the close of the polls. 

Section 18. Section fifty-two of said chapter fifty-three 
is hereby amended by striking out, in the first line, the 
word "state", by inserting, in the fourth line, after the word 



G. L. 53, § 48, 
amanded. 



Same subject. 
Last day for 
filing. 



G. L. 53, § 49, 
amended. 

Vacancies in 
case of death, 
withdrawal or 
inehgibiUty, 
how filled. 



Notice to state 
secretary. 



G. L. 53, § 51, 
etc., amended. 



Counting of 
ballots. 



G. L. 63. § 52, 
amended. 



10 



Acts, 1932. — Chap. 310! 



Canvass and 
returns of 
votes, etc. 



G. L. 53, § 53, 
amended. 

Vacancies 
caused by ties 
or in delega- 
tions or com- 
mittees, how 
filled. 



G. L. 53, 
§ 53.\, 
amended. 



Objections to 
nominations. 



"as" the words: — delegates to national and state con- 
ventions of political parties and as, — by inserting, in the 
eighth line, after the word "as" the words: — delegates to 
national and state conventions and as, — and by striking 
out, in the ninth and tenth lines, the words "delegates to 
state conventions and", — so as to read as follows: — 
Section 52. Upon receipt of the records of votes cast at 
primaries the city or town clerk shall forthwith canvass 
the same and within four days after said primary make 
return of the votes for candidates for nomination for state 
offices, and for election as delegates to national and state 
conventions of political parties and as members of the state 
committee, to the state secretary, who shall forthwith 
canvass such returns, determine the results thereof, notify 
the successful candidates, and certify to the state com- 
mittees the names of the persons nominated for state offices 
and elected as delegates to national and state conventions 
and as members of state committees. Said clerks shall 
determine the results of the vote for members of ward 
and town committees, issue proper certificates thereof 
to the successful candidates, and notify the chairmen of 
the city and town committees of the respective parties. 

Section 19. Section fifty-three of said chapter fifty- 
three is hereby amended by striking out said section and 
inserting in place thereof the following: — Section 53. 
In case of a tie vote where the number of persons receiving 
equal votes exceeds the number of nominations available, 
there shall be deemed to be a vacancy. If the tie is between 
candidates for an office to be filled by all the voters of the 
commonwealth, the vacancy shall be filled by the state 
committee. If the tie is between candidates for nomina- 
tion for any other office, the vacancy shall be filled by the 
members of the ward and town committees in the district 
for which the nomination is to be made. If there is a tie 
vote for delegates to a convention, such vacancy shall be 
filled by the delegates elected from the district, except that, 
if no delegate is elected, or if the delegates elected fail to 
make a choice within ten days, the vacancy shall be filled 
by the state committee. Notice of any action taken rel- 
ative to filling such vacancy shall be given to the state 
secretary. 

If there is a tie for members of a ward or town com- 
mittee, the members elected shall fill the vacancy. 

All vacancies caused by ties shall be filled only by the 
choice of one of the candidates receiving the tie vote. 

Section 20. Section fifty-three A of said chapter fifty- 
three, being section three of chapter twenty-four of the acts 
of nineteen hundred and twenty-seven, is hereby amended 
by striking out, in the first fine, the word "state" and by 
striking out, in the fifth and eighth lines, the word "such" 
and inserting in place thereof the word: — the, — so as 
to read as follows: — Section 53 A. When nominations at 
the primaries are in apparent conformity with law, they 



Acts, 1932. — Chap. 310. 



11 



shall be valid unless written objections thereto are filed 
with the state secretary within six days succeeding five 
o'clock in the afternoon of the day of holding the primaries; 
and such objections and all other questions relating thereto 
shall be subject to section twelve, so far as applicable. A 
person nominated at the primaries may withdraw his name 
from nomination by a request signed and duly acknowl- 
edged by him and filed with the state secretary within the 
time prescribed in this section for filing objections to such 
nominations. 

Section 21. Section fifty-four of said chapter fifty-three 
is hereby amended by striking out said section and inserting 
in place thereof the following : — 

PROVISIONS APPLYING TO PRE-PRIMARY CONVENTIONS. 

Section 64- A political party shall, upon the call of its 
state committee, but not later than June fifteenth, in a year 
in which a biennial state election is held, hold a state con- 
vention for the purpose of adopting a platform, electing 
such number of members at large of the state committee 
as may be fixed by the convention, nominating presidential 
electors and endorsing for nomination candidates for offices 
to be filled by all the voters of the commonwealth, to be 
voted for at the ensuing state primary, and for such other 
purposes consistent with law as the convention may 
determine. Such convention shall consist of the delegates 
elected at the party primary as hereinbefore provided. 
The number of delegates shall be one from each ward and 
town and one additional for every fifteen hundred votes, or 
major fraction thereof, above the first fifteen hundred 
votes cast at the preceding biennial state election in such 
ward or town for the political party candidate for governor. 
In case of a vacancy occurring for any reason except a tie 
vote such vacancy shall not be filled. Nothing herein 
contained shall affect or diminish the operation of the 
laws relating to state primaries contained in sections forty- 
one to fifty-three A, inclusive. 

Section 22. Said chapter fifty-three is hereby further 
amended by inserting, after section fifty-four, the two 
following new sections: — 

Section 5I^A. Every certificate of nomination of can- 
didates endorsed for nomination by a state convention 
shall state that the nominee has been endorsed for nomina- 
tion at such convention and shall include such facts as 
are required by section eight. Such certificates shall be 
signed, sworn to and filed as required by section five. 

Each such candidate shall within ten days from the day 
when the convention terminates file with the state secretary 
his written acceptance of the nomination, otherwise his 
name shall not be printed on the ballot as a candidate for 
the office to which he was nominated, and he may add the 
eight word statement authorized by section forty-five. 
Such candidate may not withdraw such acceptance. 



Withdrawals 
of nominees. 



G. L. 53, § 54, 
amended. 



Pre-primary 
conventions. 



G. L. 53, new 
sections after 
§ 54. 

Certificates of 
nomination of 
candidates en- 
dorsed by a 
state conven- 
tion, contents. 



Written ac- 
ceptance to be 
filed with state 
secretary. 



12 



Acts, 1932. — Chap. 310. 



Calling of 
convention 
to order. 



Organization. 



Rules. 



Records, 
transmission 
to state 
secretary. 

Committees of 
convention. 



Vote, how 
taken. 



G. L. 53, §§ 
65 to 70, in- 
clusive, and 
heading pre- 
ceding § 65, 
amended. 



Section 5Ji.B. Delegates shall be seated in groups by 
senatorial districts. The convention shall be called to 
order by the chairman or acting chairman of the state 
committee, or in the absence of either then by a person 
designated in such manner as the rules of the party shall 
prescribe. The person who calls the convention to order 
shall preside until the election of a permanent chairman. 
He shall appoint a temporary secretary to receive the roll 
of the convention and a monitor from each group who shall 
receive the credentials of delegates and present them to 
the temporary secretary. 

The convention shall not proceed to the election of a 
permanent chairman or transact any business until the 
time fixed for the opening thereof nor until a majority of 
the delegates named in the official roll shall be present. 
It shall then elect from among its delegates a permanent 
chairman and a permanent secretary, neither of whom 
shall be an officer of the state committee, and shall complete 
its organization. It shall make suitable rules for the con- 
duct of its business, the order of which shall follow the 
purposes of the convention as stated in section fifty-four. 
The permanent secretary shall keep the records of the 
convention and transmit the same to the state secretary 
who shall retain them for a period of one year. 

The permanent chairman and permanent secretary 
shall be chosen upon a call of the official roll. Committees 
of the convention shall be appointed by the convention, 
or by the permanent chairman, as the convention may 
order. When the vote of the convention is taken upon 
the election, nomination or endorsement for nomination 
of any candidate, the roll of the delegates shall be called 
and each delegate when his name is called shall arise in 
his place and announce his choice, except that when there 
is only one candidate to be voted for the roll need not be 
called, and except also that the monitor of a group, unless 
a member of the group objects, may announce the vote of 
such group. 

Section 23. Said chapter fifty-three is hereby further 
amended by striking out sections sixty-five to seventy, 
inclusive, and the heading "provisions applying to 
PRESIDENTIAL PRIMARIES" preceding said section sixty-five. 



Certificate of 
state secre- 
tary as to ap- 
proval of the 
law by the 
people. 



Office of the Secretary, Boston, November 30, 1932. 

I hereby certify that the foregoing law entitled "An Act 
Relative to State and Party Primaries and Conventions 
of Political Parties" was approved by the People at the 
State Election held on November 8, 1932, pursuant to 
the provisions of Article XLVIII of the Amendments to 
the Constitution. 

F. W. COOK, 
Secretary of the Commonwealth. 



ACTS AND RESOLVES 

OF 

MASSACHUSETTS 

1933 



t^° The General Court, which was chosen November 8, 1932, as- 
sembled on Wednesday, the fourth day of January, 1933, for its first 
annual session. 

The oaths of office were taken and subscribed by His Excellency 
Joseph B. Ely and His Honor Caspar C. Bacon on Thursday, the 
fifth day of January, in the presence of the two Houses assembled in 
convention. 



ACTS. 



An Act reviving the Columbia counter company. Char) 1 

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

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

The Columbia Counter Company, a corporation dis- Columbia 
solved by chapter two hundred and seventy-three of the pa^reWd." 
acts of nineteen hundred and twenty-eight, is hereby 
revived for a period of six months from the date of en- 
actment hereof, with the same powers, duties and ob- 
ligations as if said chapter had not been passed. 

Approved January 24, 1933. 



Chap. 



An Act relative to the taking of striped bass from 

the waters of PARKER RIVER AND ITS TRIBUTARIES 
WITHIN THE TOWNS OF NEWBURY, ROWLEY, GEORGETOWN 
AND GROVELAND, BY MEANS OF BOWED NETS. 

Be it enacted, etc., as folloivs: 

Section 1. Between the effective date of this act Taking of 
and April tirst next succeeding, and between December f jo'^^^jJttrs of 
first of the current year and April first in the year nine- Parker river. 
teen hundred and thirty-four, the selectmen of the cwtai^'towns, 
towns of Newbury, Rowley, Georgetown and Grove- ^o^d^nlts^ 
land may grant permits authorizing the taking of striped authorized 
bass from the waters of Parker river and its tributaries per7od. '^^'^''^'° 
within the limits of their respective towns, by means of 
bowed nets, under such regulations as they may deem 
advisable; provided, that the mesh of such a net shall not Proviso. 
be less than three and one half inches, and that bass less 
than fifteen inches in length so taken shall be immediately 
returned alive to the water whence taken. Any person 
taking striped bass during said period from said waters by 
means of bowed nets shall not be subject to the provisions 
of section forty-nine of chapter one hundred and thirty- 
one of the General Laws if such bass are taken as authorized 
hereunder, otherwise he shall be subject to such provisions. 

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

Approved February 3, 1933. 



16 



Acts, 1933. — Chaps. 3, 4. 



Chap. 3 -^N Act relative to the renewal of certain temporary 

REVENUE LOANS BY CITIES AND TOWNS. 

Whereas, The deferred operation of this act would, 
in part, defeat its purpose, therefore it is hereby declared 
to be an emergency law, necessary for the immediate preser- 
vation of the public convenience. 

Be it enacted, etc., as follows: 

Chapter three hundred and three of the acts of nineteen 
hundred and thirty-two is hereby amended by striking out, 
in the seventh line, the word "or" and inserting in place 
thereof a comma, — and by inserting after the word "thirty- 
two" in the seventh and eighth lines the words: — or 
nineteen hundred and thirty-three, — so as to read as 
follows: — Any city or town, with the approval of the board 
specified in clause nine of section eight of chapter forty- 
four of the General Laws, may extend, for a period or 
periods not exceeding in the aggregate six months beyond 
the maximum term provided by law for an original revenue 
loan, any loan issued in anticipation of the revenue of the 
year nineteen hundred and thirty-one, nineteen hundred and 
thirty-two or nineteen hundred and thirty-three, and the 
approval as aforesaid of any such extension shall authorize 
the issue of renewal notes for the period or periods so 
approved, notwithstanding the provisions of said chapter 
forty-four. During the time that any such revenue loan, 
extended as aforesaid, remains outstanding, none of the 
receipts from the collection of taxes assessed by such city 
or town for the year against the revenue of which such 
loan was issued or for prior years shall be appropriated 
for any purpose without the approval of the board. 

Approved February 3, 1933. 



Emergency 
preamble. 



1932, 303, 
amended. 



Renewal of 
certain tem- 
porary revenue 
loans by cities 
and towns. 



Chap. 



1885, 239, 
amended. 



§2, 



Town of King- 
ston may take 
waters within 
town limits. 



4 An Act authorizing the town of Kingston to acquire 

GROUND water SOURCES OF SUPPLY AND RATIFYING 
CERTAIN ACTION TAKEN BY SAID TOWN IN RELATION 
THERETO. 

Be it enacted, etc., as follows: 

Section 1. Section two of chapter two hundred and 
thirty-nine of the acts of eighteen hundred and eighty-five 
is hereby amended by inserting after the word "spring" 
in the third line the following: — , or of any ground water 
sources of supply by means of driven, artesian or other 
wells, — so as to read as follows: — Section ^2. The said 
town for the purposes aforesaid may take, by purchase or 
otherwise, and hold the waters of any pond, stream or 
spring, or of any ground water sources of supply by means 
of driven, artesian or other wells, within the limits of said 
town, and the water rights connected therewith, and also 
all lands, rights of way and easements necessary for hold- 



Acts, 1933. — Chap. 5. 



17 



ing and preserving such water, and for conveying the same 
to any part of said town of Kingston; and may erect on 
the land thus taken or held proper dams, buildings, fixtures 
and other structures; and may make excavations, procure 
and operate machinery, and provide such other means and 
appliances as may be necessary for the establishment and 
maintenance of complete and effective water works; and 
may construct and lay down conduits, pipes and other 
works, under or over any lands, water courses, railroads, 
or public or private ways, and along any such way, in such 
manner as not unnecessarily to obstruct the same; and 
for the purpose of constructing, maintaining and repairing 
such conduits, pipes and other works, and for all proper 
purposes of this act, said town may dig up any such lands, 
and, under the direction of the board of selectmen of the 
town in which any such ways are situated, may enter upon 
and dig up any such ways in such manner as to cause the 
least hindrance to public travel on such ways. 

Section 2. Said chapter two hundred and thirty- 
nine is hereby further amended by inserting after section 
two the following new section; — Section 2 A. No source 
of water supply and no lands necessary for protecting and 
preserving the quality of the water shall be taken under 
this act or used without first obtaining the advice and ap- 
proval of the department of public health, and the location 
of all dams, reservoirs and wells to be used as sources of 
water supply under this act shall be subject to the approval 
of said department. 

Section 3. All action taken by the town of Kings- 
ton in acquiring lands and taking water therefrom by 
means of driven, artesian or other wells, if otherwise valid, 
is hereby validated and confirmed to the same extent as 
if section one of this act had then been in effect. 

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

Approved February 7, 1933. 



1885, 239, new 
section after 
§2. 

Advice and 
approval of 
department of 
public health. 



Certain action 
taken by town 
validated and 
confirmed. 



An Act relative to valuation of certain securities 
held by insurance companies other than life. 

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 the pubhc convenience. 

Be it enacted, etc., as follows: 

Section eleven of chapter one hundred and seventy- 
five of the General Laws, as appearing in the Tercentenary 
Edition thereof, is hereby amended by striking out, in the 
twenty-second line, the word "life", — so that the third 
paragraph will read as follows : — He may value all bonds 
or other evidences of debt having a fixed term and rate 
held by a company, if amply secured and not in default 
as to principal or interest, as follows: if purchased at 



Chap. 5 



Emergency 
preamble. 



G. L. (Ter. 

Ed.), 175, 

§ 11, amended. 



Valuation of 
certain securi- 
ties held by 
insurance com- 
panies other 
than life. 



18 



Acts, 1933. — Chaps. 6, 7, 8. 



par, at the par value; if purchased above or below par, on 
the basis of the purchase price adjusted so as to bring the 
value to par at maturity and so as to yield meantime the 
effective rate of interest at which the purchase was made; 
Provisos. provided, that the purchase price shall in no case be taken 

at a higher figure than the actual market value when pur- 
chased; and provided, further, that the commissioner shall 
have full discretion in determining the method of calculat- 
ing values according to the foregoing rule, and the values 
found by him in accordance with such method shall be 
final and binding; provided, also, that any such company 
may return such bonds or other evidences of debt at their 
market value or their book value, but in no event at an 
aggregate value exceeding the aggregate of the values cal- 
culated according to the foregoing rule. 

Approved February 7, 1933. 



Chap. 6 An Act relative to the rank of officers of the 

NATIONAL GUARD ON THE RETIRED LIST. 

Be it enacted, etc., as follows: 

Section ninety-eight of chapter thirty-three of the 
General Laws, as appearing in the Tercentenary Edition 
thereof, is hereby amended by adding at the end thereof the 
Rank of officers following I — Nothing in this section shall authorize the 
placing of any officer on the retired list with a rank higher 
than that of major general. Approved February 7, 1933. 



G. L. (Ter. 
Ed.), 33, §98, 
amended. 



of the national 
guard on the 
retired list. 



Chap. 7 An Act authorizing the town of dana to use, for 

MAINTENANCE PURPOSES OR IN REDUCTION OF THE TAX 
LEVY, CERTAIN MONEYS RECEIVED AS LAND DAMAGES 
FROM THE COMMONWEALTH. 

Be it enacted, etc., as follows: 

Section 1. The town of Dana is hereby authorized to 
use any moneys heretofore or hereafter received from the 
commonwealth as land damages under section twelve of 
chapter three hundred and twenty-one of the acts of nine- 
teen hundred and twenty-seven, for maintenance purposes 
or in reduction of the tax levy, notwithstanding the pro- 
visions of section sixty-three of chapter forty-four of the 
General Laws; provided, that not more than four thousand 
dollars shall be used as aforesaid in any one year. 

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

Approved February 9, 1933. 



Town of Dana 
may use for 
certain pur- 
poses certain 
moneys re- 
ceived as land 
damages from 
state. 



Proviso. 



Chap. 8 An Act authorizing domestic corporations to con- 
tribute TO CERTAIN FUNDS FOR THE BETTERMENT OF 
SOCIAL AND ECONOMIC CONDITIONS. 



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 preserva- 
tion of the public convenience. 



Acts, 1933. — Chaps. 9, 10. 



19 



Be it enacted, etc., as follows: 

Section 1. Every corporation organized under the 
laws of this commonwealth and doing business or operating 
therein may, by vote of its directors, or of its officers having 
the powers of directors, contribute such sum or sums of 
money as said directors or officers may determine to be 
reasonable to any general fund being raised by a relief 
committee or agency approved by the commissioner of 
public welfare, as evidenced by a writing filed in his office, 
and formed for the purpose of raising money to be used for 
the betterment of social and economic conditions in any 
community in which such corporation is doing business. 

Section 2. Nothing in this act shall be construed, 
either by reason of the hmited period fixed therein or 
otherwise, as directly or indirectly restricting or otherwise 
affecting, except as therein provided, the rights and powers 
of corporations, as heretofore existing, with reference to 
payments of the nature above specified. 

Section 3. This act shall become inoperative at the 
expiration of one year from its effective date. 

Approved February 9, 1933. 



Domestic cor- 
porations may 
contribute to 
certain funds 
for the better- 
ment of social 
and economic 
conditions. 



Construction 
of act. 



When inopera- 
tive. 



An Act authorizing the onset fire district to collect (JJidr) 9 



GARBAGE AND OFFAL 
DISPOSE OF THE SAME 



WITHIN SAID DISTRICT AND TO 



Be it enacted, etc., as follows: 

Section 1. The Onset Fire District, in addition to the 
powers now vested in it by law, may collect garbage and 
offal within said district and dispose of the same, subject 
to the supervision of the board of health of the town of 
Wareham. For said purposes, the district may make 
contracts and raise and appropriate such sums as may be 
necessary. 

Section 2. This act shall take effect upon its accept- 
ance by a two thirds vote of the registered voters of said 
district present and voting thereon at the annual meeting 
to be held in the current year, or at any special meeting 
legally called for that purpose within two years after the 
passage of this act. Approved February 9, 1933. 



The Onset 
Fire District 
may collect 
garbage and 
offal within 
said district 
and dispose of 
same. 



Effective upon 
acceptance. 



An Act prohibiting unlawful injury to or inter- nhfj^ in 



FERENCE WITH 
COMPANIES. 



THE CARS OR TRACKS OF RAILWAY 



Be it enacted, etc., as follows: 

Section one hundred and three of chapter one hundred 
and fifty-nine of the General Laws, as appearing in the 
Tercentenary Edition thereof, is hereby amended by 
inserting after the word "signal" in the fifth line the words: 
— or whoever unlawfully and intentionally injures, molests, 
meddles or tampers with or destroys a track or car or any 



G. L. (Ter. 
Ed.), 159. 
§ 103, 
amended. 



20 



Acts, 1933. — Chap. 11. 



Injury to 
signals, or 
injury to or 
interference 
with cars or 
tracks of rail- 
way com- 
panies, pro- 
hibited. 



part, appliance or appurtenance thereof, of a railway com- 
pany, or the mechanism or apparatus used in the operation 
of any such car, or whoever without right operates any 
such car or any mechanism or appliance thereof, — so as to 
read as follows: — Section 103. Whoever unlawfully and 
intentionally injures, molests or destroys any signal of a 
railroad corporation or railway company, or any line, wire, 
post or other structure or mechanism used in connection 
with such signal, or prevents or in any way interferes with 
the proper working of such signal, or whoever unlawfully 
and intentionally injures, molests, meddles or tampers 
with or destroys a track or car or any part, appliance or 
appurtenance thereof, of a railway company, or the 
mechanism or apparatus used in the operation of any such 
car, or whoever without right operates any such car or any 
mechanism or appliance thereof, shall be punished by a 
fine of not more than five hundred dollars or by imprison- 
ment for not more than two years, or both. 

Approved February 9, 1933. 



Chap. 11 An Act relative to the vote required to change the 

NAME OF A DOMESTIC MUTUAL INSURANCE COMPANY. 



G. L. (Ter. 
Ed.), 155, 
§ 10, 
amended. 



Change of 
name of cer- 
tain corpora- 
tions. 



Proviso. 



Articles of 

amendment, 

etc. 



Be it enacted, etc., as follows: 

Section ten of chapter one hundred and fifty-five of the 
General Laws, as appearing in the Tercentenary Edition 
thereof, is hereby amended by inserting after the word 
"corporation" in the sixth and seventh fines the words: — , 
or, if such corporation without capital stock is a mutual 
insurance corporation, by two thirds of the votes of its 
pohcyholders cast at such a meeting, — so as to read as 
follows: — Section 10. A corporation, except one subject 
to chapter one hundred and fifty-six or chapters one 
hundred and sixty to one hundred and sixty-three, inclusive, 
may at a meeting duly called for the purpose, by vote of 
two thirds of each class of stock outstanding and entitled 
to vote, or, in case such corporation has no capital stock, 
by vote of two thirds of the persons legally qualified to 
vote in meetings of the corporation, or, if such corporation 
without capital stock is a mutual insurance corporation, 
by two thirds of the votes of its pohcyholders cast at such 
a meeting, or by a larger vote if its agreement of associa- 
tion or by-laws shall so require, change its name; provided, 
that no corporation subject to section twenty-six of chapter 
one hundred and eighty shall change its name until after 
approval of such change by the state secretary. Articles 
of amendment signed and sworn to by the president, treas- 
urer and a majority of the directors or other officers having 
the powers of directors, shall within thirty days after such 
meeting be prepared, setting forth such amendment and 
the due adoption thereof. Such articles shall be submitted 
to the commissioner who shall examine them, and if he 
finds that they conform to the requirements of law, he 



Acts, 1933. — Chap. 12. 



21 



shall so certify and endorse his approval thereon. There- 
upon the state secretary shall direct the officers of the 
corporation to publish in such form as he may see fit, in a 
newspaper published in the county where the corporation 
has its principal office or place of business, notice of such 
change of name. When the state secretary is satisfied that 
such notice has been pubhshed as required by him, he shall, 
upon the payment of a fee of one dollar, grant a certificate 
of the name which the corporation shall bear, which name 
shall thereafter be its legal name, and he shall cause the 
articles of amendment to be filed in his office. In the 
case of corporations subject to chapter one hundred and 
seventy-five or one hundred and seventy-six, the approval 
of the commissioner of insurance shall be required before 
the commissioner of corporations and taxation approves 
the articles of amendment. No articles of amendment 
changing the name of any corporation shall take effect 
until they have been filed in the office of the state secretary 
as aforesaid. Approved February 9, 1933. 



state secre- 
tary to direct 
publication, 
etc. 



To grant cer- 
tificate as to 
name of cor- 
poration, etc. 



Approval of 
commissioner 
of insurance, 
when required. 



Articles of 
amendment, 
when to take 
effect. 



An Act authorizing the dissolution of the trustees 



OF the LEXINGTON MINISTERIAL FUND AND THE 
TRIBUTION of ITS PROPERTY. 



DIS- 



Be it enacted, etc., as follows: 

Section 1. The Trustees of the Lexington Ministerial 
Fund, incorporated by an act approved June sixteenth, 
eighteen hundred and seventeen, upon the acceptance of 
this act as hereinafter provided, is hereby authorized to 
dissolve and to convey, transfer and distribute all of the 
property of every nature held by it, or the proceeds thereof, 
to the following religious corporations and in the following 
proportions: One half of said property, to the First Con- 
gregational Society in Lexington, one quarter, to The 
First Baptist Church of Lexington, and one quarter to the 
Follen Church. Each such rehgious corporation shall hold 
the property so conveyed to it in perpetual trust, separate 
and apart from any other property, with full power to 
sell the whole or any part thereof from time to time and 
invest and reinvest the proceeds. The income from the 
property so held in trust shall be expended for the sup- 
port of public worship. 

Section 2. For the purposes of such distribution. The 
Trustees of the Lexington Ministerial Fund may convert 
into cash the whole or any part of the property held by it. 
The determination of the board of trustees of said The 
Trustees of the Lexington Ministerial Fund of the value 
of the property distributed in kind shall be final and 
conclusive. 

Section 3. Upon the completion of the transfer of said 
property. The Trustees of the Lexington Ministerial Fund 
shall file in the office of the state secretary and in the office 
of the commissioner of corporations and taxation a report 



Chap. 12 



The Trustees 
of the Lexing- 
ton Ministerial 
Fund may dis- 
solve, and may 
convey, trans- 
fer and dis- 
tribute its 
property to 
certain reli- 
gious corpora- 
tions, etc. 



May convert 
into cash whole 
or any part of 
property held 
by it, etc. 



To file report 
of distribution 
upon comple- 
tion of trans- 
fer of property, 
etc. 



22 



Acts, 1933. — Chap. 13. 



Authority or 
right granted 
by act, 
limited, etc. 



Act not effec- 
tive unless 
accepted, etc. 



of such distribution, and thereupon said corporation shall 
be dissolved and terminated subject to the provisions of 
sections fifty-one, fifty-two and fifty-six of chapter one 
hundred and fifty-five of the General Laws. 

Section 4. Whatever authority or right is granted or 
conferred by this act is hereby declared to be limited to 
such authority or right as the general court may constitu- 
tionally grant or confer, without prejudice to any pro- 
ceeding that may be instituted in any court of competent 
jurisdiction to effect the purposes of this act. 

Section 5. This act shall not become effective unless 
within one year from the date of its passage, the First 
Congregational Society in Lexington, The First Baptist 
Church of Lexington and the Follen Church shall each at a 
meeting of its members, duly called and held, vote to 
accept this act and shall file in the office of the state sec- 
retary a certificate of such acceptance, and unless within 
such time the town of Lexington shall pass a vote assenting 
to the proceedings set forth in this act and shall cause a 
certificate of such vote to be filed with the state secretary. 

Approved February 9, 1933. 



Precinct 
voting, repre- 
sentative town 
meetings, etc., 
in town of 
Webster. 



Precincts, 

establishment, 

etc. 



Chap. 13 An Act establishing in the town of webster repre- 
sentative TOWN GOVERNMENT BY LIMITED TOWN 
MEETINGS. 

Be it enacted, etc., as follows: 

Section L Upon the acceptance of this act by the town 
of Webster, as hereinafter provided, the selectmen shall 
forthwith divide the territory thereof into not less than 
five or more than ten voting precincts, each of which shall 
be plainly designated and shall contain not less than five 
hundred registered voters. All precincts shall contain 
approximately an equal number of registered voters. 
The precincts shall be so established as to consist of com- 
pact and contiguous territory, to be bounded as far as 
possible by the center line of known streets and ways or 
by other well defined Hmits. Their boundaries shall be 
reviewed, and, if need be, wholly or partly revised by 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. The selectmen shall, within twenty days 
after any estabHshment or revision of the precincts, 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 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 
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 regis- 



Selectmen to 
report doings, 
etc. 



Acts, 1933. — Chap. 13. 23 

tered voters therein. The division of the town into voting Division into 
precincts and any revision of such precincts shall take ci^'c^s^ estc- 
eifect upon the date of the fihng of the report thereof by the t^ve date, 
selectmen with the town clerk. Whenever the precincts Town clerk to 
are established or revised, the town clerk shall forthwith no^fcrt^sute 
give written notice thereof to the state secretary, stating secretary, etc. 
the number and designation of the precincts. Meetings Meetings of 
of the registered voters of the several precincts for elec- and wiiwe\o 
tions, for primaries, and for voting upon any question to beheld, 
be submitted to all the registered 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 the selectmen shall in 
the warrant for such meeting direct. The provisions of Certain pro- 
the general laws relating to precinct voting at elections, so JraiXws^o^"" 
far as the same are not inconsistent with this act, shall apply, etc. 
apply to all elections 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 at large, the representative membership, 
town meeting membership shall in each precinct consist °"™ber, etc. 
of the largest number divisible by three which will admit of 
a representation of all precincts by an equal number of 
members and which will not cause the total elected town 
meeting membership to exceed two hundred and fifty-two. 
The registered voters in every precinct shall, at a special Town meeting 
election called for that purpose, to be held not sooner than t^o^ter?^*'.'"'" 
thirty days after the establishment of precincts under this ***=• 
act, or at the first annual town election held after the 
establishment 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 ballot the 
number of registered voters in the precinct, other than the 
officers designated in section three as town meeting mem- 
bers at large, 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 year, from the day of the annual 
town meeting, or, in case such election is at a special 
meeting, from the next annual town meeting; in case of a 
tie vote aiTecting the division into thirds, as aforesaid, the 
members elected from the precinct shall by ballot deter- 
mine 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 



24 



Acts, 1933. — Chap. 13. 



Notice to 
members 
elected. 



Town meetings 
limited to 
elected town 
meeting mem- 
bers and cer- 
tam designated 
town meeting 
members at 
large. 



Notice of 
town meet- 
ings, etc. 



Town meeting 
members to be 
judges of elec- 
tion of mem- 
bers, etc. 
Quorum. 



Notice of ad- 
journed town 
meetings to be 
posted, etc. 



Meetings 
public. 



Resignations. 



Removal from 
town or pre- 
cinct, effect. 



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 pro- 
vided 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 resident 
of the town, the moderator, the town clerk, the selectmen, 
the town treasurer, the town counsel, the chairman of the 
trustees of the public library, the chairman of the planning 
board, the chairman of the school board, the chairman of 
the board of assessors, the chairman of the board of health, 
the chairman of the park commission, the chairman of the 
board of water commissioners, the chairman of the advisory 
board, the chairman of the sewer commission, the chair- 
man of the highway commission, the tax collector and the 
chairman of the welfare board. 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 quorum 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 he shall notify the members 
by mail of the adjournment at least twenty-four hours 
before the time of the adjourned representative town 
meeting. The notices shall state briefly the business to be 
acted upon at any meeting and shall include notice of any 
proposed reconsideration. All town meetings shall be 
public. The town meeting members as such shall receive 
no compensation. Subject to such conditions as may be 
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 shall not vote. A town meeting member may resign 
by 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 times as he remains an elected member. 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 one precinct to another 
or is so removed by a revision of precincts shall not retain 
membership after the next annual election. 



Acts, 1933. — Chap. 13. 



25 



Section 4. Nomination of candidates for town meeting 
members to be elected under this act shall be made by 
nomination papers which shall bear no political designa- 
tion, but to the name of a candidate for re-election there 
may be added the words "Candidate for Re-election". 
Nomination papers shall be signed by not less than ten 
registered voters of the precinct in which the candidate is 
nominated for office and filed with the town clerk at least 
ten days before the election. No nomination papers shall 
be valid in respect to any candidate unless his written 
acceptance is filed therewith. 

Section 5. All articles in the warrant for every town 
meeting, so far as they relate to the election of the town 
moderator, town officers and town meeting members, and 
as herein provided, 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 precincts. All other articles in the warrant for 
any town meeting, beginning with the annual town meet- 
ing in the year when said town meeting members are first 
elected, shall be acted upon and determined exclusively 
by town meeting members at a representative town meet- 
ing to be held at such time and place as shall be set forth 
by the selectmen in the warrant for the meeting, and sub- 
ject to the referendum provided for by section eight. 

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

Section 7. In the event of any vacancy in the full 
number of elected town meeting members from any pre- 
cinct the remaining elected members of the precinct may 
choose from among the registered voters thereof a suc- 
cessor to serve until the next annual town election. The 
town clerk may, and upon a petition therefor signed by not 
less than ten elected town meeting members from the 
precinct shall, call a special meeting for the purpose of 
filling such vacancy and shall mail a notice thereof to the 
remaining elected members from the precinct specifying 
the object and the time and place of such meeting which 
shall be held not less than four days after the mailing of 
such notice. At such meeting a majority of such members 
shall constitute a quorum and shall elect from their own 
number a chairman and a clerk. The election to fill such 
vacancy shall be by ballot and a majority of the votes cast 
shall be required for a choice. The clerk shall forthwith 
file with the town clerk a certificate of such election, to- 



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



Acceptance of 
nomination. 



Warrant 
articles, how 
acted upon, 
etc. 



Moderator, 
election, etc. 



Moderator 
pro tempore. 



Vacancies in 
full number of 
town meeting 
members, 
filling, etc. 



Calling of 
special meet- 
ing. 



Quorum. 



Choice by 
ballot. 

Certificate of 
election. 



26 



Acts, 1933. — Chap. 13. 



Votes, when 
operative, etc. 



Referendum. 



Questions, 
how deter- 
mined, etc. 



Questions, how 
stated upon 
ballot, etc. 



VoteB opera- 
tive if no peti- 
tion, etc. 

Powers of 
town and its 
town meeting 
members, etc. 



Rules. 



gether with a written acceptance by the member so elected, 
who shall thereupon be deemed elected and qualified as an 
elected town meeting member, subject to the provisions of 
section three respecting the election and qualifications of 
elected town meeting members. 

Section 8. No vote passed at any representative town 
meeting under any article in the warrant, except a vote to 
adjourn shall be operative until after the expiration of five 
days, exclusive of Sundays and holidays, from the dissolu- 
tion of the meeting. If within said five days a petition, 
signed by not less than five per cent of the registered voters 
of each precinct, containing their names and addresses as 
they appear on the list of registered voters, is filed with the 
selectmen requesting that the question or questions in- 
volved in such vote be submitted to the voters of the town 
at large, then the selectmen, within fourteen days after 
the filing of the petition, shall call a special meeting, which 
shall be held within ten days after the issuing of the call, 
for the purpose of presenting to the voters at large the 
question or questions so involved. The polls shall be 
opened at two o'clock in the afternoon and shall be closed 
not earlier 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 town meet- 
ing members had the question been finally determined at 
a representative town meeting. The questions so sub- 
mitted 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 
moderator as appears from the records of the 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 upon the expiration of the said period. 

Section 9. The town of Webster, after the acceptance 
of this act, shall have the capacity to act through and be 
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. The representative town meeting may 



Acts, 1933. — Chap. 14. 



27 



Committees 
for inveeti- 
gatioD. 



Inconsistent 
by-laws re- 
pealed. 
G. L. 44 to 
continue to 
apply. 



Certain rights 
not abridged, 
etc. 



Submission to 
voters of town 
of Webster, 
etc. 



make such rules consistent with general law as may be 
considered necessary for conducting its meetings. 

Section 11. The representative town meeting may 
appoint such committees of its members for investigation 
and report as it may consider necessary. 

Section 12. All by-laws or parts of by-laws of the town 
inconsistent with the provisions of this act are hereby 
repealed. The provisions of chapter forty-four of the 
General Laws shall continue to apply in the town of 
Webster notwithstanding the provisions of this act. 

Section 13. This act shall not abridge the right of 
the inhabitants of Webster to hold general meetings, as 
that right is secured to them by the constitution of this 
commonwealth; nor shall this act confer upon any rep- 
resentative town meeting in Webster 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 14. This act shall be submitted to the regis- 
tered voters of the town of Webster at any annual town 
meeting. The vote shall be taken by ballot in accordance 
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 for the election 
of town officers: "Shall an act passed by the General Court 
in the year nineteen hundred and thirty-three, entitled 
'An Act establishing in the town of Webster representative 
town government by limited town meetings,' be accepted 
by this town?" 

This act shall take effect upon its acceptance by a ma- 
jority of the voters voting thereon. 

Section 15, If this act is rejected by the registered 
voters of the town of Webster when submitted to said 
voters under section fourteen, it may again 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, and, if accepted by a majority 
of the voters voting thereon at such a meeting, shall 
thereupon take effect. Approved February 9, 1933. 

An Act authorizing the Atlantic union college to 

GRANT the degree OF BACHELOR OF ARTS. 

Be it enacted, etc., as follows: 

Chapter ten of the acts of nineteen hundred and twenty- 1926, 10, 
six is hereby amended by adding at the end thereof the amended, 
words: — and of Bachelor of Arts, — so as to read as 
follows: — The Atlantic Union College, of Lancaster, is Atlantic union 
hereby authorized to grant to graduates of its four year ^rant^cenw^n 
college courses, qualified by scholarship and previous degrees. 
college entrance preparation, degrees of Bachelor of Re- 
ligious Education and of Bachelor of Arts. 

Approved February 9, 1933. 



Effective upon 
acceptance. 

Resubmission 
after rejection, 
etc. 



Chap. 14 



28 



Acts, 1933. — Chaps. 15, 16. 



1925, 7, § 1, 
amended. 



New England 
Conservatory 
of Music may 
grant degree of 
Bachelor of 
Music. 



Chap. 15 -^N ^^^ RELATIVE TO THE AUTHORITY OF THE NEW ENGLAND 
CONSERVATORY OF MUSIC TO GRANT CERTAIN DEGREES. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter seven of the acts of 
nineteen hundred and twenty-five is hereby amended by 
striking out all after the word "composition" in the seventh 
line and inserting in place thereof the words: — , musical 
research or supervision of school music, the degree of 
Bachelor of Music, — so as to read as follows: — Section 1. 
The New England Conservatory of Music, a corporation 
estabHshed by chapter one hundred and three of the acts 
of eighteen hundred and seventy, is hereby authorized and 
empowered to grant to students properly accredited and 
recommended by the faculty council of said conservatory 
upon their graduation from the collegiate department 
thereof after completion of the four year course in appHed 
music, composition, musical research or supervision of 
school music, the degree of Bachelor of Music. 

Section 2. The said New England Conservatory of 
Music is hereby authorized and empowered to grant to 
students holding a bachelor's degree, who are properly 
accredited and recommended by the faculty council of 
said conservatory upon their completion of not less than 
one year's post-graduate course in said conservatory in 
applied music, composition, musical research, or super- 
vision of school music, the degree of Master of Music. 

Approved February 9, 1933. 



May grant 
degree of 
Master of 
Music. 



Chap. 16 An Act relative to the time when the polls shall be 
open in the city of somerville for preliminary 

MUNICIPAL elections. 

Be it enacted, etc., as follows: 

Chapter two hundred and eighty-one of the acts of 
nineteen hundred and thirty-two is hereby amended by 
striking out section one and inserting in place thereof the 
following: ^ — Section 1. On the third Tuesday preceding 
every regular or special municipal election in the city of 
Somerville at which any elective municipal office is to be 
filled, there shall be held, except as otherwise provided in 
section ten, a preliminary election for the purpose of 
nominating candidates therefor. The polls at every such 
election shall be open during such hours, not less than nine, 
as may be designated by the board of aldermen, and the 
general laws relative to municipal elections shall apply 
thereto, except as is otherwise specifically provided in 
this act. Approved February 9, 1933. 



1932, 281, § 1, 
amended. 



Preliminary 
municipal 
elections in 
city of 
Somerville. 



Polling hours. 



Certain laws 
to apply. 



Acts, 1933. — Chaps. 17, 18, 19. 29 



An Act relative to the appointment of certain (Jhnjj 17 

DEPARTMENTAL OFFICERS OF THE NATIONAL GUARD. ^' 

Be it enacted, etc., as follows: 

Section ninety of chapter thirty-three of the General g. l. (Ter. 
Laws, as appearing in the Tercentenary Edition thereof, amended.* ^°' 
is hereby amended by striking out the last sentence of 
paragraph (k) and inserting in place thereof the follow- 
ing: — Departmental officers shall be appointed by the Appointment 
commander-in-chief from said list upon the recommenda- mentafofficers 
tion of the chief of the department in which the appoint- oUhe national 
ment is to be made, provided that if such an officer is to Proviso, 
be assigned or detailed to an organization the appointment 
shall be upon the recommendation of its commander. 

Approved February 9, 1933. 

An Act extending the time within which the furnace Chap. 18 

VILLAGE water DISTRICT SHALL COMMENCE TO DISTRIBUTE 
WATER. 

Be it enacted, etc., as follows: 

Section 1. Section thirteen of chapter one hundred 1931, u?, § is. 
and forty-seven of the acts of nineteen hundred and thirty- ^"^^i^^^^^- 
one is hereby amended by striking out, in the last line, the 
word ''two" and inserting in place thereof the word: — five, 
— so as to read as follows: — Section 13. For the purpose Time within 
only of its acceptance, this act shall take effect upon its purnace^vii- 
passage, and it shall take full effect upon its acceptance lage water 
by a two thirds vote of the voters of said district present commence to 
and voting thereon at a district meeting called, in accordance water'? ex^- 
with the provisions of section eight, within four years after tended, 
its passage; but it shall become void unless said district 
shall begin to distribute water to consumers within five 
years after its acceptance as aforesaid. 

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

Approved February I4, 1933. 

An Act relative to improvement of brooks, streams QJiav. 19 

AND water courses IN THE TOWN OF HINGHAM. 

Be it enacted, etc., as follows: 

Section 1. The town of Hingham, for drainage pur- TownofHing- 
poses and for the purpose of protecting the public health, pr^eXooS. 
or either of said purposes, may, by its selectmen, from time ^^10^00^^68 
to time improve brooks, streams and water courses, or within Umits 
any part thereof, within the limits of the town, by widening 
the same, removing obstructions in or over them, diverting 
the water, altering the courses or deepening the channels 
thereof, and may conduct any surface or ground water into 
the same, and may cover or pave any such channel or water 
course, or any part thereof, and may build retaining walls 



30 



Acts, 1933. — Chap. 19. 



May take or 
acquire lands, 
rights of way, 
water rights, 
etc. 



May enter 
upon lands, 
etc. 



Property 
damages, 
recovery. 



Assessment of 
betterments. 



G. L. 80, 
applicable. 



Penalty for 
destruction of. 
or injury to, 
any drainage 
or sewerage 
work, etc. 



to support the banks of any such stream or water course, 
or any part thereof, within said town. 

Section 2. For either or both of the purposes afore- 
said, said town may take by eminent domain under chapter 
seventy-nine of the General Laws, or acquire by purchase or 
otherwise, lands, easements, rights of way, water rights 
and other property, on one or both sides of any such brook, 
stream or water course, or may in like manner take or 
otherwise acquire lands, easements, rights of way, water 
rights and other property to form new channels into which 
said water or any surface or ground water may be diverted, 
within the limits of said town, and may enter into and upon 
any land or way, and may do thereon work necessary for 
any such improvement, and may construct upon any land 
taken or otherwise acquired under authority of this act 
such walks or ways as the town may determine that the 
public convenience and necessity require; and any person 
who is injured in his property by any act of said town 
under the provisions of this act may recover from said town 
damages therefor under said chapter seventy-nine. 

Section 3. If any limited and determinable area 
within said town receives benefit other than the general 
advantage to the community from any improvement made 
under authority of this act, under an order declaring the 
same to be done under the provisions of law authorizing 
the assessment of betterments, the selectmen shall, within 
two years after the completion of such improvement, 
determine the value of such benefit or advantage to the 
lands within such area, and assess upon each parcel thereof 
a proportionate share of the cost of such improvement, 
including therein all costs for the purchase and all damages 
for the taking of lands, easements, rights of way, water 
rights and other property in order to carry out such im- 
provement, and all other sums expended under authority 
of this act, but not exceeding one half of such adjudged 
benefit or advantage. The provisions of chapter eighty 
of the General Laws shall apply to such assessments and 
the collection thereof, except as otherwise herein provided. 

Section 4. No person shall destroy or injure any 
drainage or sewerage work of said town, or without lawful 
authority pollute any natural water course in said town, 
or put or maintain any obstruction therein. Whoever 
violates any provision of this section shall be punished by 
a fine of not more than five hundred dollars or by imprison- 
ment for not more than three months, or both. 

Section 5. This act shall take effect upon its passage. 

Approved February 14, 1933. 



Acts, 1933. — Chap. 20. 



31 



Town of Co- 
hasset may im- 
prove brooks, 
streams and 
water courses 
within limits 
of town. 



May take or 
acquire lands, 
rights of way, 
water rights, 
etc. 



An Act relative to improvement of brooks, streams (JJkij)^ 20 

AND water courses IN THE TOWN OF COHASSET. 

Be it enacted, etc., as follows: 

Section 1. The town of Cohasset, for drainage pur- 
poses and for the purpose of protecting the pubHc health, 
or either of said purposes, may, by its selectmen, from time 
to time improve brooks, streams and water courses, or any 
part thereof, within the limits of the town, by widening the 
same, removing obstructions in or over them, diverting 
the water, altering the courses or deepening the channels 
thereof, and may conduct any surface or ground water into 
the same, and may cover or pave any such channel or 
water course, or any part thereof, and may build retaining 
walls to support the banks of any such stream or water 
course, or any part thereof, within said town. 

Section 2. For either or both of the purposes afore- 
said, said town may take by eminent domain under chapter 
seventy-nine of the General Laws, or acquire by purchase 
or otherwise, lands, easements, rights of way, water rights 
and other property, on one or both sides of any such brook, 
stream or water course, or may in like manner take or 
otherwise acquire lands, easements, rights of way, water 
rights and other property to form new channels into which 
said water or any surface or ground water may be diverted, 
within the limits of said town, and may enter into and upon 
any land or way, and may do thereon work necessary for 
any such improvement, and may construct upon any land 
taken or otherwise acquired under authority of this act 
such walks or ways as the town may determine that the 
public convenience and necessity require; and any person 
who is injured in his property by any act of said town 
under the provisions of this act may recover from said 
town damages therefor under said chapter seventy-nine. 

Section 3. If any limited and determinable area 
within said town receives benefit other than the general 
advantage to the community from any improvement made 
under authority of this act, under an order declaring the 
same to be done under the provisions of law authorizing 
the assessment of betterments, the selectmen shall, within 
two years after the completion of such improvement, 
determine the value of such benefit or advantage to the 
lands within such area, and assess upon each parcel thereof 
a proportionate share of the cost of such improvement, 
including therein all costs for the purchase and all damages 
for the taking of lands, easements, rights of way, water 
rights and other property in order to carry out such im- 
provement, and all other sums expended under authority 
of this act, but not exceeding one half of such adjudged 
benefit or advantage. The provisions of chapter eighty 
of the General Laws shall apply to such assessments and the 
collection thereof, except as otherwise herein provided. 



May enter 
upon lands, 
etc. 



Property 
damages, 
recovery. 



Assessment of 
betterments. 



G. L. 80, 
applicable. 



32 



Acts, 1933. — Chaps. 21, 22. 



Penalty for 
destruction 
or injury of 
any drainage 
or sewerage 
work, etc. 



Section 4, No person shall destroy or injure any drain- 
age or sewerage work of said town, or without lawful au- 
thority pollute any natural water course in said town, or put 
or maintain any obstruction therein. Whoever violates any 
provision of this section shall be punished by a fine of not 
more than five hundred dollars or by imprisonment for not 
more than three months, or both. 

Section 5. This act shall take effect upon its passage. 

Approved February 14, 1933. 



Chap. 21 An Act relative to marriage certificate fees. 

Emergency Wheretts, The deferred operation of this act would tend 

preamble. ^^ defeat its purpose, therefore it is hereby declared to be 

an emergency law, necessary for the immediate preserva- 
tion of the public convenience. 



G. L. (Ter. 
Ed.), 262, 
§34, 
amended. 



Fees of town 
clerks. 



Be it enacted, etc., as follows: 

Section thirty-four of chapter two hundred and sixty-two 
of the General Laws, as appearing in the Tercentenary 
Edition thereof, is hereby amended by striking out, in the 
fourth line, the words "one dollar" and inserting in place 
thereof the words: — two dollars, — so as to read as 
follows : — Section 34. The fees of town clerks shall be as 
follows : 

For entering notice of an intention of marriage and 
issuing the certificate thereof, and for entering the certificate 
of marriage which is filed by persons married out of the 
commonwealth, two dollars, which shall be paid at the time 
of such entry or filing. 

For a certificate of a birth or death, twenty-five cents. 

Approved February 14, 1933. 



Chap. 22 An Act empowering the united Hebrew benevolent 
association of boston to transfer its property to 

the associated JEWISH PHILANTHROPIES, INC. 

Be it enacted, etc., as follows: 

Section 1. The United Hebrew Benevolent Asso- 
ciation of Boston, incorporated under general law, is 
hereby empowered to transfer, assign, set over, and convey 
all funds and property held by it to the Associated Jewish 
Philanthropies, Inc., incorporated under general law, and 
the said Associated Jewish Philanthropies, Inc. is hereby 
empowered to receive the same and to hold, manage and 
dispose of all such funds and property charged with any 
trust, upon the same trusts, uses and purposes as if the 
same had continued to be held by the said IJnited Hebrew 
Benevolent Association of Boston for the fulfillment of the 
charitable purposes of said corporation. 

Section 2. The power hereby granted shall be exercised 
only in conformity with such a decree, if any, of the supreme 
judicial court, sitting in equity for the county of Suffolk, 



United Hebrew 
Benevolent 
Association of 
Boston may 
transfer its 
property to 
the Associated 
Jewish Philan- 
thropies, Inc. 



Power granted 
to be exercised 
only in con- 
formity with 
decree, etc. 



Acts, 1933. — Chap. 23. 



33 



as may be entered within one year after the passage of this 
act. 

Section 3. This act shall not take effect until it shall Effective upon 
have been accepted by the votes of the board of directors, ^cc*'pt'>'n°e- 
or the officers having the powers of directors, of each of said 
corporations and copies of the respective votes of accep- 
tance shall have been filed with the secretary of the com- 
monwealth. Approved February 14, 1933. 



Chap. 23 



An Act relative to guaranty capital of certain 
domestic mutual insurance companies. 

Be it enacted, etc., as follows: 

Section 1. Chapter one hundred and seventy-five of g. l. (Ter. 
the General Laws, as appearing in the Tercentenary Edi- ff^' ^'^^• 
tion thereof, is hereby amended by striking out section amended. 
seventy-nine and inserting in place thereof the following : — 
Section 79. A mutual fire company may, at the time of its Guaranty capi- 
formation or, if two thirds of the votes of its policyholders do^n^Luc*'^''' 
cast at a meeting duly called for the purpose are recorded mutual insur^ 
in favor of such action, at any time after its formation, ^^ce compames. 
establish a guaranty capital of not less than twenty-five 
thousand nor more than two hundred thousand dollars, 
divided into shares of a par value of one hundred dollars 
each, to be invested as provided by this chapter for the 
investment of the capital stock of domestic stock com- 
panies. Any such company may, at any time by a like 
vote and with the written approval of the commissioner, 
increase said guaranty capital to an amount not exceeding 
two hundred thousand dollars. The holders of shares of 
guaranty capital shall be entitled to a semi-annual divi- 
dend of not more than three and one half per cent on their 
respective shares if the net profits or unused premiums, 
left after all expenses, losses and liabilities then incurred, 
with the reserve for reinsurance, are provided for, shall be 
sufficient to pay the same. Shareholders and members of 
such companies shall, except as otherwise provided herein, 
be subject to the same provisions of law relative to their 
right to vote as apply respectively to shareholders in stock 
companies and policyholders in mutual fire companies. 
The guaranty capital shall be applied to the payment of 
losses only when the company has exhausted its assets, 
exclusive of uncollected premiums; and when thus im- 
paired, the directors may make good the whole or any 
part of it by assessments upon the contingent funds of the 
company at the date of such impairment. Such guaranty 
capital shall be retired by the directors of the company at 
par when the profits accumulated under section eighty 
equal two per cent of its insurance in force; and such 
guaranty capital may, upon the recording in favor of such 
action of two thirds of the votes cast at a meeting duly 
called for the purpose and with the written approval of the 



34 



Acts, 1933. — Chap. 23. 



G. L. (Ter. 
Ed.), 175, 
§90B, 
amended. 

Certain re- 
strictions as to 
issue of poli- 
cies by certain 
mutual com- 
panies. 



Principals on 
certain bonds, 
etc., to be 
deemed mem- 
bers of com- 
pany. 



commissioner, be reduced or retired, if the net assets of the 
company above its reinsurance reserve and all other claims 
and obligations, exclusive of guaranty capital, for two years 
last preceding and including the date of its last annual 
statement under section twenty-five has been not less 
than twenty-five per cent of the amount of the guaranty 
capital. Due notice of any proposed action under this 
section on the part of the company shall be mailed to each 
policyholder of the company not less than thirty days before 
the meeting when such action is proposed to be taken, and 
shall also be advertised in two papers of general circulation, 
approved by the commissioner, not less than three times a 
week for a period of not less than four weeks before said 
meeting. No company with a guaranty capital which has 
ceased to do new business shall retire such capital or pay 
any dividends thereon, except from income from its invest- 
ments, until it shall have performed or cancelled its policy 
obligations. The holders of the guaranty capital of a 
mutual fire company shall not be entitled in any event to 
share in the distribution of its assets beyond the amount of 
the par value of their shares and any dividends declared 
and payable thereon. 

Section 2. Said chapter one hundred and seventy- 
five, as so appearing, is hereby further amended by striking 
out section ninety B and inserting in place thereof the 
following: — Section 90B. No policy shall be issued by a 
mutual company formed to transact business under the 
fourth clause of section forty-seven until it has established 
a fully paid up guaranty capital of not less than two hun- 
dred thousand dollars nor more than five hundred thousand 
dollars which shall be subject to the provisions of section 
seventy-nine, except as hereinafter and in section 
ninety-three D provided. Any such company may, subject 
to all the provisions of section seventy-nine relative to the 
increase of the guaranty capital of a domestic mutual fire 
company, increase said guaranty capital to an amount not 
exceeding five hundred thousand dollars. While a com- 
pany is transacting business under said clause, the provi- 
sions of said section seventy-nine relative to the retirement 
of guaranty capital of a mutual fire company shall not 
apply, nor shall the provisions of said section relative to 
the reduction of guaranty capital authorize the reduction 
of its guaranty capital below two hundred thousand dollars. 

The principal on any bond or obligation executed by a 
mutual company as surety shall be deemed the member 
of the company under sections seventy-six, seventy-nine, 
eighty, eighty-one, eighty-three to eighty-five, inclusive, 
and ninety. Approved February I4, 1933. 



Acts, 1933. — Chaps. 24, 25. 



35 



Chap. 24 



An Act placing the office 'op chief of police op the 
town op medfield under the civil service laws. 

Be it enacted, etc., as follows: 

Section 1. The office of chief of police of the town of ornce of chief 
Medfield shall, upon the effective date of this act, become town^o?Med- 
subject to the civil service laws and rules and regulations %'d subject to 
relating to the appointment and removal of police officers laws.^'''^^"^^ 
in towns, and the tenure of office of any incumbent thereof 
shall be unlimited, except that he may be removed in ac- 
cordance with such laws and rules and regulations; pro- 
vided, however, that Colman J. Hogan, the present in- 
cumbent of said office, may continue to serve as such 
without taking a civil service examination. 

Section 2. This act shall be submitted to the voters 
of said town at the annual town meeting in the current 
year in the form of 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 thirty- 
three, entitled 'An Act placing the office of chief of police of 
the town of Medfield under the civil service laws', be 
accepted?" If a majority of the votes in answer to said 
question are in the affirmative, then this act shall thereupon 
take effect, but not otherwise. 

Approved February 15, 1933. 



Proviso. 



Submission to 
voters, etc. 



An Act prohibiting the printing or publication op 



Chav 25 
certain advertisements for or on behalf of UN- ^' 

LICENSED insurance COMPANIES AND FRATERNAL BENEFIT 

societies. 

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

Be it enacted, etc., as follows: 

Section 1. Chapter one hundred and seventy-five of 
the General Laws, as appearing in the Tercentenary Edition 
thereof, is hereby amended by inserting after section one 
hundred and sixty the following new section : — Section 
160 A. No person shall print or publish, or cause to be 
printed or published, in any newspaper, magazine, pamphlet 
or other periodical any advertisement for or on behalf of 
any foreign company or fraternal benefit society not 
licensed to transact business in this commonwealth, wherein 
such company or society solicits, or which is designed or 
intended to solicit or induce, residents of the common- 
wealth to take out policies of insurance, annuity or pure 
endowment contracts or benefit certificates issued or made 
by such company or society, or to act in any manner in the 



G. L. (Ter. 
Ed.), 175, 
new section 
after § 160. 

Printing or 
publication of 
certain ad- 
vertisements 
for or on 
behalf of un- 
licensed insur- 
ance companies 
and fraternal 
benefit socie- 
ties, prohibited. 



36 



Acts, 1933. — Chap. 26. 



Penalty. 



G. L. (Ter 
Ed.). 176, 
amended. 



§5. 



Laws appli- 
cable to fra- 
ternal societies. 



solicitation of applications for, or to negotiate or act or aid 
in the negotiation of, such policies, contracts or certificates, 
or to collect premiums thereon, and no person shall transmit 
or publish any such advertisement for or on behalf of any- 
such company or society from any radio broadcasting 
station located in the commonwealth. Violation of this 
section shall be punished by a fine of not less than fifty nor 
more than five hundred dollars. This section shall not 
apply to newspapers, magazines, pamphlets or other 
periodicals printed or published outside the common- 
wealth. 

Section 2. Section five of chapter one hundred and 
seventy-six of the General Laws, as so appearing, is hereby 
amended by inserting after the word "sixteen" in the third 
line the words: — , one hundred and sixty A, — so as to 
read as follows : — Section 5. Societies shall be governed 
by this chapter, and shall be exempt from all other provi- 
sions of the insurance laws of the commonwealth except 
sections sixteen, one hundred and sixty A and one hundred 
and seventy-eight to one hundred and eighty, inclusive, of 
chapter one hundred and seventy-five, not only in govern- 
mental relations with the commonwealth, but for every 
other purpose; and no law hereafter enacted shall apply 
to them unless they are expressly designated therein. 

Approved February 16, 1933. 



Chap. 26 An Act requiring certain motor vehicles trans- 
porting EXPLOSIVES OR INFLAMMABLES TO STOP AT 
RAILROAD CROSSINGS. 



Emergency 
preamble. 



G. L. (Ter. 
Ed.), 90, § 15, 
etc., amended. 



Precautions at 

railroad 

crossings. 



Whereas, The deferred operation of this act would defeat 
its purpose to prevent without unnecessary delay collisions 
at railroad crossings between motor vehicles transporting 
explosives or inflammables and railroad trains, with con- 
sequent sacrifice of human life, therefore this act is hereby 
declared to be an emergency law, necessary for the imme- 
diate preservation of the public safety. 

Be it enacted, etc., as follows: 

Section 1. Section fifteen of chapter ninety of the 
General Laws, as amended by section five of chapter two 
hundred and seventy-one of the acts of nineteen hundred 
and thirty-two, is hereby further amended by inserting 
after the word "bus" in the sixth line the words: — , or 
any motor vehicle carrying explosive substances or inflam- 
mable liquids as a cargo, or part of a cargo, — so as to read 
as follows: — Section 15. Except as hereinafter otherwise 
provided, every person operating a motor vehicle, upon 
approaching a railroad crossing at grade, shall reduce the 
speed of the vehicle to a reasonable and proper rate, and 
shall proceed cautiously over the crossing. Every per- 
son operating a school bus, or any motor vehicle carrying 
explosive substances or inflammable liquids as a cargo, 



Acts, 1933. — Chaps. 21, 28. 



37 



or part of a cargo, upon approaching a railroad crossing at 
grade, shall bring his vehicle to a full stop not more than 
seventy-five feet from the nearest track of said railroad, 
and shall not proceed to cross said railroad until he is 
satisfied that it is safe to do so. Whoever violates any 
provision of this section shall be punished by a fine of 
not less than ten nor more than fifty dollars. 

Section 2. This act shall become operative on the 
expiration of thirty days from its passage. 

Approved February 16, 1933. 



When opera- 
tive. 



An Act authorizing the city of Worcester to receive fhrjj. o? 

AND HOLD LAND AND STRUCTURES TO BE USED AS ATH- ^' 
LETIC fields for PUBLIC SCHOOL ATHLETICS AND OTHER 
PURPOSES. 



Be it enacted, etc., as follows: 

Chapter four hundred and seventy-one of the acts of 
nineteen hundred and twenty-two is hereby amended by 
striking out section one and inserting in place thereof the 
following : — Section 1 . The city of Worcester may, by 
vote of the school committee and with the approval of 
the mayor, receive by deed of gift and hold in fee land, 
buildings and other structures in said city to be used as 
athletic fields for public school and other athletics and 
public events for which admission may be charged. The 
word "field", as hereinafter used, shall, if more than one 
such field is so acquired and used, import the plural. 

Approved February 16, 1933. 



1922, 471, § 1. 
amended. 



City of 

Worcester may 
receive and 
hold land and 
structures to 
be used as 
athletic fields 
for public 
school 
athletics, etc. 



An Act regulating the issue of temporary loans by 
certain counties. 



Chap. 28 



Be it enacted, etc., as follows: 

Section thirty-seven of chapter thirty-five of the General g. l. (Ter. 
Laws, as appearing in the Tercentenary Edition thereof, ^^ended ^ ^^' 
is hereby amended by striking out, in the fifth line, the 
words "with or without interest," and by striking out the 
fourth sentence and inserting in place thereof the following : 
— : Such notes, if issued for less than one year, may be 
renewed from time to time; provided, that the period from 
the date of the original loan to the date of maturity of 
any refunding loan shall not be more than one year. Notes 
issued hereunder may be sold at such discount as the com- 
missioners may deem proper, the discount to be treated as 
interest paid in advance, — so as to read as follows: — 
Section 37. County commissioners may borrow money issue of 
in anticipation of, and to be repaid from, the county tax of H^nsh^^ler- 
the current year. If said tax has been granted, such *^i^.,^°|J?''^« 
loans shall not exceed its amount; otherwise they shall not 
exceed the amount of the previous annual tax. They may 
issue therefor county notes maturing within one year after 
the date when the debt for which they are issued was in- 



regulated. 



38 



Acts, 1933. — Chap. 29. 



Proviso. 



curred. Such notes, if issued for less than one year, may 
be renewed from time to time; provided, that the period 
from the date of the original loan to the date of maturity 
of any refunding loan shall not be more than one year. 
Notes issued hereunder may be sold at such discount as 
the commissioners may deem proper, the discount to be 
treated as interest paid in advance. Such notes shall be 
signed by the treasurer, countersigned by a majority of the 
commissioners, and shall expressly be made payable from 
the taxes of the current year, but shall nevertheless be 
negotiable. Except as otherwise expressly provided by 
law, neither county commissioners nor county treasurers, 
except in Suffolk and Nantucket counties, may borrow 
money or negotiate loans upon the credit of the county. 
Notes may also be issued between January first and Janu- 
ary tenth, in accordance with this section, in anticipation 
of assessments payable to the county by cities, towns or 
corporations, under statutory provisions and unpaid at 
the end of the preceding year, in cases in which the total 
cost of the project for which the assessment is levied was 
paid by the county in the first instance. 

Approved February 16, 1933. 



Chap. 29 



G. L. (Ter. 
Ed.), 35, 
§37A, 
amended. 



County 
bonds and 
notes regulated 



Use of pro- 
ceeds, etc. 



Provisos. 



An Act kegulating the use of unexpended proceeds 
of serial bonds and notes issued by certain counties. 

Be it enacted, etc., as follows: 

Section thirty-seven A of chapter thirty-five of the 
General Laws, as appearing in the Tercentenary Edition 
thereof, is hereby amended by inserting after the word 
"loan" in the thirteenth line the following: — , and pro- 
vided, further, that so much of such proceeds as has not 
been so applied at the expiration of two years from the 
completion of the project for which the loan was authorized 
shall become part of the next general unappropriated 
balance established under section twenty-nine or, if such 
loan was made on behalf of a district, shall be appUed in 
reduction of assessments to be made upon it by the county, 
— so as to read as follows: — Section 37 A. Counties shall 
not issue any bonds or notes payable on demand, and they 
shall provide for the payment of all debts, except those 
incurred in anticipation of revenue or in anticipation of 
reimbursement from cities and towns, by such annual 
payments as will extinguish the same at maturity, and so 
that the first of such annual payments on account of any 
loan shall be made not later than one year after the date of 
the bond or note issued therefor, and so that the amount of 
such annual payment in any year on account of such debt, 
so far as issued, shall not be less than the amount of the 
principal payable in any subsequent year. The proceeds 
of any sale of bonds or notes, except premiums, shall be 
used only for the purposes specified in the original author- 
ization of the loan; provided, that unexpended amounts 



Acts, 1933. — Chap. 30. 39 

may be applied to maturing annual payments of the same 
loan, and provided, further, that so much of such proceeds 
as has not been so applied at the expiration of two years 
from the completion of the project for which the loan was 
authorized shall become part of the next general unap- 
propriated balance established under section twenty-nine 
or, if such loan was made on behalf of a district, shall be 
applied in reduction of assessments to be made upon it by 
the county. Any premium received upon such bonds or 
notes, less the cost of preparing, issuing and marketing 
them, shall be applied to the payment of the principal of 
the first bond or note to mature. 

Approved February 16, 1933. 

An Act relative to unlawful issue of policies in the nh^^ on 

COMMONWEALTH BY CERTAIN FOREIGN INSURANCE COM- ^' 

PANIES WHOSE LICENSES HAVE BEEN REVOKED OR SUS- 
PENDED. 

Be it enacted, etc., as follows: 

Section one hundred and fifty-six A of chapter one g. l. (Xer. 
hundred and seventy-five of the General Laws, as appearing f "{56^^^' 
in the Tercentenary Edition thereof, is hereby amended by amended, 
striking out, in the eighth line, the word "or" and inserting 
in place thereof the words: — and every foreign company, 
— so as to read as follows: — Section 156 A. Every foreign certain foreign 
company, other than a life company, whose capital stock ce^^^T^nf 



to 



or guaranty or deposit capital is reduced below the amounts acting busi- 
required by section one hundred and fifty-one, one hun- ^^^^' 
dred and fifty-two or one hundred and fifty-five, or is im- 
paired on the basis fixed by sections ten to twelve, inclusive, 
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 
aforesaid, and every foreign company 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 penalty. 
policy or making any contract of insurance contrary to this 
section shall be punished by a fine of not less than one 
hundred nor more than one thousand dollars. 

Approved February 16, 1933. 



40 



Acts, 1933. — Chaps. 31, 32, 33. 



G. L. (Ter. 

Ed.), 175, 

§ 97, amended. 



Chap. 31 An Act relative to payment of proceeds of fire 

INSURANCE POLICIES TO MORTGAGEES. 

Be it enacted, etc., as follows: 

Section ninety-seven of chapter one hundred and seventy- 
five of the General Laws, as appearing in the Tercentenary 
Edition thereof, is hereby amended by striking out, in 
the first Une, the words "by an agreement with the in- 
sured or", — by striking out, in the second fine, the words 
"taken out by" and inserting in place thereof the word: — 
insuring, — by striking out, in the third and fourth hues, 
the words "or for their benefit", — and by striking out, in 
the fifth line, the words "or agreement", — so as to read 
as follows: — Section 97. If, by the terms of a fire in- 
surance policy insuring a mortgagor, the whole or any part 
of the loss thereon is payable to mortgagees of the property, 
the company shall, upon satisfactory proof of the rights 
and title of the parties, in accordance with such terms, pay 
all mortgagees protected by such policy in the order of 
their priority of claim as their claim shall appear, not be- 
yond the amount for which the company is liable, and such 
payment shall be to the extent thereof payment and satis- 
faction of the hability of the company under such policy. 

Approved February 16, 1933. 



Payment of 
proceeds of 
fire insurance 
policies to 
mortgagees. 



Chap. 32 A^ ^^'^ AUTHORIZING THE CITY OF WORCESTER TO GRANT 
CERTAIN EASEMENTS IN MYRTLE AND SOUTHBRIDGE 
STREETS IN SAID CITY TO THE UNITED STATES OF AMERICA. 

Be it enacted, etc., as follows: 

Upon petition therefor by the United States of America, 
and after seven days' notice inserted in at least two news- 
papers pubhshed in the city of Worcester and a public 
hearing thereon, the city council of said city may, by a 
two thirds vote of each branch thereof, with the approval 
of the mayor, grant to the petitioner easements to maintain 
areas for basement windows in Myrtle street and South- 
bridge street appurtenant to the post office in said city. 

Approved February 16, 1933. 



City of 

Worcester may 
grant certain 
easements to 
United States 
of America. 



Chap. 33 An Act subjecting the durant, incorporated, to 

FURTHER REGULATION BY THE DEPARTMENT OF PUBLIC 
WELFARE. 



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 preserva- 
tion of the public convenience. 



Acts, 1933. — Chap. 34. 



41 



Be it enacted, etc., as follows: 

The Durant, Incorporated, a Massachusetts corpora- The Durant, 
tion organized under general law, shall, in carrying out its gubj'IetTdU)'^' 
corporate purposes, be subject to regulation by the de- f^t'^er reguia- 
partment of public welfare with respect to the following : ment of p'Xiic" 

Use of property of the corporation, rental and other "'e'fare. 
charges made by it, rate of return, and areas and methods 
of operation. 

Such regulation by said department shall be in addition 
to that provided by general law with respect to corpora- 
tions organized for charitable purposes. 

Approved February 21, 1933. 



An Act authorizing the county of dukes county to 
borrow money for the purpose of contributing to 
the cost of construction of a highway in the town 
of oak bluffs. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of contributing to the 
cost of the construction by the state department of public 
works of a highway in the town of Oak Bluffs, the county 
commissioners for the county of Dukes County may from 
time to time borrow upon the credit of the county such 
sums as may be necessary, not exceeding, in the aggregate, 
fifteen thousand dollars, and may issue bonds or notes of 
the county therefor, which shall bear on their face the 
words, Dukes County Highway Loan, Act of 1933. Each 
authorized issue shall constitute a separate loan, and such 
loans shall be payable in not more than five years from 
their dates. Such bonds or notes shall be signed by the 
treasurer of the county and countersigned by a majority 
of the county 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. Indebted- 
ness incurred hereunder shall, except as herein provided, 
be subject to chapter thirty-five of the General Laws. 

Section 2. The treasurer of said county, with the 
approval of the county commissioners, may issue tem- 
porary notes of the county, payable in not more than one 
year from their dates, in anticipation of the issue of serial 
bonds or notes under this act, but the time within which 
such serial bonds or notes shall become due and payable 
shall not, by reason of such temporary notes, be extended 
beyond the time fixed by this act. Any notes issued in 
anticipation of the serial bonds or notes shall be paid from 
the proceeds thereof. 

Section 3. This act shall take effect upon its ac- 
ceptance during the current year by the county com- 
missioners of said county, but not otherwise. 

Approved February 21, 1933. 



Chap. 34 



County of 
Dukes County- 
may borrow 
money for 
purpose of 
contributing to 
cost of con- 
struction of 
a highway in 
town of Oak 
Bluffs. 



Dukes County 
Highway 
Loan, Act of 
1933. 



County treas- 
urer may issue 
temporary 
notes, etc. 



Effective upon 
acceptance, etc. 



42 



Acts, 1933. — Chap. 35. 



Chap. 35 An Act authorizing the placing of the words "candi- 
date FOR re-election" ON NOMINATION PAPERS AND 



Emergency 
preamble. 



G. L. (Ter. 
Ed.), 53, §8, 
etc., amended. 



Certificates of 
nomination 
and nomination 
papers, con- 
tents, party 
designation. 



G. L. (Ter. 
Ed.), 54, § 41, 
amended. 



Election bal- 
lots to contain 
political desig- 
nations of 
candidates, 
except, etc. 

To contain 
words "Candi- 
date for Re- 
election", when. 



OFFICIAL BALLOTS 
TOWNS. 



FOR THE ELECTION OF OFFICERS IN 



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 the public convenience. 

Be it enacted, etc., as follows: 

Section 1. Chapter fifty-three of the General Laws, 
as amended in section eight by section four of chapter one 
hundred and thirty-five of the acts of nineteen hundred and 
thirty-two, is hereby further amended by striking out said 
section eight and inserting in place thereof the following: — 
Section 8. All certificates of nomination and nomination 
papers shall, in addition to the names of candidates, specify 
as to each, (1) his residence, with street and number, if any, 
(2) the office for which he is nominated, and (3), except as 
otherwise provided in this section and in city charters, the 
party or pohtical principle which he represents, expressed 
in not more than three words. Certificates of nomination 
made by convention or caucus shall also state what provi- 
sion, if any, was made for filling vacancies caused by the 
death, withdrawal or ineligibility of candidates. The sur- 
names of the candidates for president and vice president 
of the United States shall be added to the party or pohtical 
designation of the candidates for presidential electors. 
To the name of each candidate for alderman at large shall 
be added the number of the ward in which he resides. 
To the name of a candidate for a town office who is an 
incumbent thereof there may be added the words "Candi- 
date for Re-election". 

If a candidate is nominated otherwise than by a political 
party, the name of a political party shall not be used in his 
political designation. Certificates of nomination and 
nomination papers for town offices need not include a 
designation of the party or principle which the candidate 
represents. 

Section 2. Section forty-one of chapter fifty-four of 
the General Laws, as appearing in the Tercentenary Edi- 
tion thereof, is hereby amended by inserting after the word 
"papers" in the twentieth line the following: — To the 
name of each candidate for a town office upon an official 
ballot who is an incumbent thereof shall be added the 
words "Candidate for Re-election", — so that the third 
paragraph will read as follows : — To the name of each 
candidate for a state or city office, except city offices in cities 
where political designations are forbidden, shall be added in 
the same space his party or political designation or designa- 
tions. To the name of a candidate for a state or city office 
who is an elected incumbent thereof and who is one of two 



Acts, 1933. — Chaps. 36, 37. 



43 



or more candidates therefor bearing the same name, there 
shall be added in the same space the words "Candidate for 
Re-election". To the name of each candidate for a town 
office upon an official ballot shall be added the designation 
of the party or principle which he represents, contained in 
the certificate of nomination or nomination papers. To 
the name of each candidate for a town office upon an official 
ballot who is an incumbent thereof shall be added the words 
"Candidate for Re-election". The town clerk shall add 
the words "Caucus Nominee" to the name of any candi- 
date nominated for a town office by a caucus held under the 
provisions of sections one hundred and seventeen to one 
hundred and twenty, inclusive, of chapter fifty-three. 

Approved February 23, 1933. 



To contain 
party desig- 
nations, etc., 
of candidates 
for town offices. 
Words "Can- 
didate for Re- 
election" to be 
added, when. 

Words 

"Caucus Nom- 
inee" to be 
added, when. 



G. L. (Ter. 
Ed.). 196. § 2, 
amended. 



Allowance of 
necessaries to 
widow and 
children. 



An Act authorizing the mortgaging of a decedent's Chav. 

REAL ESTATE TO PAY THE WIDOW's ALLOWANCE IF THE 
PERSONAL PROPERTY IS NOT SUFFICIENT, 

Be it enacted, etc., as follows: 

Section two of chapter one hundred and ninety-six of 
the General Laws, as appearing in the Tercentenary Edi- 
tion thereof, is hereby amended by inserting after the word 
"sold" in the tenth line and- in the eleventh line, in each 
instance, the words : — or mortgaged, — and by inserting 
after the word "sale" in the twelfth line the words: — or 
mortgage, — so as to read as follows: — Section 2. Such 
parts of the personal property of a deceased person as the 
probate court, having regard to all the circumstances of 
the case^ may allow as necessaries to his widow for herself 
and for his family under her care or, if there is no widow, 
to his minor children, not exceeding one hundred dollars 
to any child, and also such provisions and other articles as 
are necessary for the reasonable sustenance of his family, 
and the use of his house and of the furniture therein for 
six months next succeeding his death, shall not be taken as 
assets for the payment of debts, legacies or charges of 
administration. After exhausting the personal property, 
real property may be sold or mortgaged to provide the 
amount of allowance decreed, in the same manner as it is 
sold or mortgaged for the payment of debts, if a decree 
authorizing such sale or mortgage is made, upon the peti- 
tion of any party in interest, within one year after the 
approval of the bond of the executor or administrator. 

Approved February 23, 1933. 



36 



Real estate 
may be sold 
or mortgaged 
to pay allow- 
ance if per- 
sonal property 
is not suffi- 
cient. 



Chap. 37 



An Act to enable the town of milton to repay in part 
certain sums paid as sewer assessments. 

Be it enacted, etc., as follows: 

Section 1. The town of Milton may repay, after Town of 
determination by its board of sewer commissioners in ac ' °^"'^^ 



cordance with the principles laid down by the supreme p^^^^ 



repay in part 
certain sums 
as sewer 
assessments. 



44 



Acts, 1933. — Chap. 38. 



May borrow 
money, issue 
bonds, etc. 



Milton Sewer 
Assessment 
Loan, Act of 
1933. 



EflFective upon 

acceptance, 

etc. 



judicial court in the recent case of Annie F. Mullen v. 
Board of Sewer Commissioners of Milton, such parts of 
amounts assessed under the authority of chapter three 
hundred and four of the acts of eighteen hundred and 
ninety-five, and any acts in amendment thereof and in 
addition thereto, upon estates and owners in respect to 
sewer construction in the calendar years of nineteen hundred 
and twenty-seven to nineteen hundred and thirty-one, 
inclusive, which have been paid, as would not have been as- 
sessed in case assessments upon said town on account of' 
the south metropolitan sewerage system had been excluded. 

Section 2. For the purpose of providing funds to 
carry out this act, said town may from time to time borrow 
such sums as may be necessary, and may issue bonds or 
notes therefor, which shall bear on their face the words, 
Milton Sewer Assessment Loan, Act of 1933. Such loans 
shall be payable in not more than five years from their 
dates. Indebtedness incurred under this act shall be 
inside the statutory limit, and shall, except as provided 
herein, be subject to chapter forty-four of the General 
Laws, exclusive of the limitation contained in the first 
paragraph of section seven thereof, as appearing in the 
Tercentenary Edition of said General Laws. 

Section 3. This act shall take full force and effect 
upon its acceptance by said town at any meeting duly 
called for the purpose; and said town may make appropria- 
tion and incur debt, as hereinbefore provided, at the same 
meeting at which this act shall be accepted, due notice of 
the purpose so to do having been given in the warrant for 
said meeting. Approved February 23, 1933. 



Chap. 38 An Act authorizing the town of cohasset to use for 

OTHER municipal PURPOSES CERTAIN LAND ACQUIRED 
FOR PARKING SPACE. 

Be it enacted, etc., as follows: 

Section 1. The town of Cohasset is hereby authorized 
to use for the erection of a building to house highway 
equipment and for other municipal purposes so much of the 
following described real estate, acquired in the year nine- 
teen hundred and twenty-eight for parking space purposes, 
as the inhabitants of the town may from time to time de- 
termine in town meeting, — to wit : — a parcel of land con- 
taining sixteen thousand eight hundred and thirty-three 
square feet and bounded generally as follows: south- 
easterly by James lane; southwesterly by land of the 
New York, New Haven and Hartford Railroad Company; 
northerly by other land of said railroad company; north- 
easterly by land of McGaw and Ruiter, as shown on a plan 
filed with the selectmen and entitled "Plan of Proposed 



Town of 
Cohasset may 
use for other 
municipal pur- 
poses certain 
land acquired 
for parking 
space. 



Acts, 1933. — Chaps. 39, 40. 



45 



parking space in the Town of Cohasset, Mass., Lewis W. 
Perkins, C. E.", dated February, 1928. 

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

Approved February 24, 1933. 



An Act validating the purchase by the town of Qfiar) 39 

COHASSET, FOR CEMETERY PURPOSES, OF CERTAIN LAND 
IN THE TOWN OF HINGHAM ADJOINING WOODSIDE CEME- 
TERY. 

Be it enacted, etc., as follows. • 

Section 1. The action of the town of Cohasset whereby 
it purchased from Lucy F. Beale of Hingham, by deed 
dated December twelfth, nineteen hundred and thirty, 
and recorded in Plymouth County registry of deeds, book 
sixteen hundred and twenty-eight, page five hundred and 
sixty-five, a certain parcel of land in said Hingham, border- 
ing upon land used by said town of Cohasset as a cemetery 
and known as Woodside cemetery, is hereby validated and 
confirmed; and said town of Cohasset may hold and use 
said parcel as appurtenant to said cemetery, provided 
no burials are made within the limits of said parcel. 

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

Approved February 24, 1933. 



The purchase 
by town of 
Cohasset, for 
cemetery pur- 
poses, of cer- 
tain land in 
town of Hing- 
ham adjoining 
Woodside 
cemetery, vali- 
dated. 



Proviso. 



An Act authorizing the provident institution for 



SAVINGS in the TOWN OF BOSTON TO MAKE FURTHER IN 
VESTMENTS IN THE PURCHASE AND IMPROVEMENT OF 
REAL ESTATE IN THE CITY OF BOSTON TO BE USED FOR 
THE TRANSACTION OF ITS BUSINESS. 

Be it enacted, etc., as follows: 

Section 1. The Provident Institution for Savings 
in the Town of Boston, incorporated by an act passed in 
eighteen hundred and sixteen, may, subject to the approval 
of the commissioner of banks, invest in the purchase of 
real estate in the city of Boston to be used for the convenient 
transaction of its business, and in the erection and prepara- 
tion of a suitable building or buildings on land to be ac- 
quired hereunder, or in the alteration or renovation of any 
building located on said land or on land in said city now 
owned by it, to be devoted in whole or in part to such use, 
a sum not exceeding six hundred thousand dollars in addi- 
tion to any sums which said bank has heretofore been 
authorized to invest in land or buildings for such use, and 
any sums received from any sale or taking of any part of 
such land or buildings; provided, however, that nothing 
contained herein shall be construed as authorizing a total 
investment by said bank in real estate for such use exceed- 
ing in the aggregate the sum of one million six hundred 
thousand dollars at any one time. 

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

Approved February 24, 1933. 



I Chap. 40 



The Provident 
Institution for 
Savings in the 
Town of 
Boston may 
make further 
investments in 
the purchase 
and improve- 
ment of real 
estate in city 
of Boston, etc. 



Proviso. 



46 



Acts, 1933. — Chap. 41. 



Chap. 41 An Act authorizing savings banks and trust com- 
panies TO PURCHASE, LOAN UPON OR PARTICIPATE IN 
LOANS UPON THE ASSETS OF CERTAIN CLOSED AND OTHER 
BANKS. 



Emergency 
preamble. 



G. L. (Ter. 
Ed.), 168, new 
section at end 
thereof. 

Savings banks 
may purchase, 
loan upon or 
participate in 
loans upon the 
assets of cer- 
tain closed and 
other banks. 



Conditions and 
restrictions. 



G. L. (Ter. 
Ed.), 172, new 
section after 
§44. 



Whereas, The deferred operation of this act would tend 
to defeat its purpose to provide further reUef to the deposi- 
tors of closed banks in the present financial emergency, 
therefore this act is hereby declared to be an emergency 
law, necessary for the immediate preservation of the public 
convenience. 

Be it enacted, etc., as follows: 

Section 1. Chapter one hundred and sixty-eight of 
the General Laws, as appearing in the Tercentenary 
Edition thereof, is hereby amended by adding at the end 
thereof the following new section : — Section 56. With 
the approval of the commissioner, a savings bank may 
advance or loan upon, or purchase, the whole or any part 
of the assets of any other savings bank, or of the savings 
department of any trust company, including savings 
banks and trust companies now or hereafter in possession 
of the commissioner under sections twenty-two to thirty- 
six, inclusive, of chapter one hundred and sixty-seven, and 
may participate in such an advance, loan or purchase with 
one or more other savings banks or trust companies. The 
savings bank making or participating in such an advance, 
loan or purchase, for the purpose of effecting the same, may 
assume and agree to pay the whole or any part of the deposit 
and other liabilities of such other savings bank or savings 
department. In the event of such approval by the com- 
missioner, other provisions of law applicable to the invest- 
ment of funds of savings banks and to the limitations upon 
deposits therein shall not apply. The commissioner may 
impose such conditions and restrictions as he may deem 
necessary or advisable in respect to the deposit or other 
liabilities assumed as hereinbefore provided, and in the 
case of any new savings bank formed for the purpose of 
purchasing any or all the assets and assuming any or all 
the liabilities of any savings bank or savings department 
of a trust company now or hereafter in his possession under 
said sections he may impose such other and further condi- 
tions and restrictions concerning the business, investments 
and operation of such new savings bank as he may deem 
necessary or advisable. So much of section thirteen as 
provides that no person shall hold an office in two savings 
banks at the same time shall not prevent an officer or 
trustee of any other savings bank from serving as an officer 
or trustee of such new bank. 

Section 2. Chapter one hundred and seventy-two 
of the General Laws, as so appearing, is hereby amended 
by inserting after section forty-four the following new sec- 



Acts, 1933. — Chap. 41. 



47 



tion : — Section 44^ . With the approval of the com- 
missioner, a trust company, through its savings or com- 
mercial department, may advance or loan upon, or pur- 
chase, the whole or any part of the assets of any other trust 
company, including trust companies now or hereafter in 
possession of the commissioner under sections twenty- 
two to thirty-six, inclusive, of chapter one hundred and 
sixty-seven, and may participate in such an advance, loan 
or purchase with one or more other trust companies or 
savings banks. The trust company making or participat- 
ing in such advance, loan or purchase, for the purpose of 
effecting the same, may, through its savings department, 
assume and agree to pay the whole or any part of the 
deposit and other liabilities of the savings department, and 
may, through its commercial department, assume and 
agree to pay the whole or any part of the deposit and other 
liabilities of the commercial department, of such other 
trust company. In the event of such approval by the 
commissioner, other provisions of law applicable to the in- 
vestment of funds of savings departments of trust com- 
panies shall not apply. The commissioner may impose 
such conditions and restrictions as he may deem necessary 
or advisable in respect to the deposit or other liabilities 
assumed as hereinbefore provided, and in the case of any 
new trust company formed for the purpose of purchasing 
any or all of the assets and assuming any or all of the 
liabilities of any trust company now or hereafter in his 
possession under said sections, he may impose such other 
and further conditions and restrictions concerning the 
business, investments and operation of such new trust 
company as he may deem necessary or advisable. 

Section 3. Section sixty-one of said chapter one 
hundred and seventy-two, as so appearing, is hereby 
amended by inserting after the word "banks" in the fourth 
line the following: — , subject, however, to section fifty-six 
of chapter one hundred and sixty-eight, — so as to read as 
follows : — Section 61 . All such deposits shall be special 
deposits and shall be placed in said savings department, and 
all loans or investments thereof shall be made in accordance 
with the law governing the investment of deposits in sav- 
ings banks, subject, however, to section fifty-six of chapter 
one hundred and sixty-eight. The investment committee 
shall approve all loans and all purchases or sales of bonds, 
stocks and notes made by or for the savings department, 
and shall perform such other duties as the by-laws or board 
of directors may prescribe. A record shall be made at 
each meeting of the transactions of the committee and of 
the names of those present. The committee may, by 
vote or by a statement signed by a majority of its members, 
approve changes of collateral security made by or for said 
department, and the vote or statement, and the record 
thereof, shall set forth all such changes. 

Section 4. Section twenty-four of chapter one hundred 



Trust com- 
panies may 
purchase, loan 
upon or par- 
ticipate in 
loans upon the 
assets of cer- 
tain closed and 
other banks. 



Conditions and 
restrictions. 



G. L. (Ter. 
Ed), 172, § 61, 
amended. 



Trust com- 
panies. 

Investments of 
deposits in 
savings de- 
partment. 



G. L. (Ter. 
Ed.) , 167, § 24, 
etc., amended. 



48 



Acts, 1933. — Chap. 41. 



Authority of 
commissionpr 
of banks in 
possession of 
property and 
business of 
certain banks. 



Enforcement 
of liability of 
stockholders of 
trust com- 
panies in pos- 
Bession. 



Assegsments 
by court. 



Suits not to 
abate, etc. 



and sixty-seven of the General Laws, as most recently- 
amended by chapter two hundred and ninety-four of the 
acts of nineteen hundred and thirty-two, is hereby further 
amended by inserting after the word "sell" in the tenth 
line the following : — for cash or other consideration or as 
provided by section fifty-six of chapter one hundred and 
sixty-eight or section forty-four A of chapter one hundred 
and seventy-two, — so as to read as follows: — Section 24-. 
Upon taking possession of the property and business of 
such bank, the commissioner may collect moneys due to the 
bank, and do all acts necessary to conserve its assets and 
business, and shall proceed to liquidate its affairs as herein- 
after provided. He shall collect all debts due and claims 
belonging to it, and upon the order or decree of the su- 
preme judicial court, or any justice thereof, may sell or 
compound all bad or doubtful debts, and on hke order or 
decree may sell for cash or other consideration or as pro- 
vided by section fifty-six of chapter one hundred and sixty- 
eight or section forty-four A of chapter one hundred and 
seventy-two, all, or any part of, the real and personal 
property of the bank on such terms as the court shall direct ; 
and, in the name of such bank, may take a mortgage on 
such real property from a bona fide purchaser to secure the 
whole or a part of the purchase price, upon such terms and 
for such periods as the court shall direct. If, at any time 
after he has taken possession of the property and business 
of a trust company under section twenty-two, the com- 
missioner deems it necessary to enforce the individual 
liability of stockholders therein, as described in the first 
sentence of section twenty-four of chapter one hundred 
and seventy-two, in order to pay the liabilities of such trust 
company, he may file a bill in equity, in the supreme judi- 
cial court for the county where the principal office of the 
trust company is located, against all persons who were 
stockholders therein at the time of such taking possession, 
to enforce such individual liabihty. The court may by its 
decree assess upon the stockholders in such suit severally 
sums in proportion to the amounts of stock held by them 
respectively at the time of such taking possession; but no 
such stockholder shall be Uable to pay a larger sum than 
the amount of the par value of the stock held by him at 
the time of such taking possession. Such suit shall not 
abate by reason of the non-joinder of persons liable as 
respondents, unless the commissioner, after notice by plea 
or answer of their existence, unreasonably neglects to make 
them parties; nor shall it abate by reason of the death of 
a respondent, but his estate shall be liable in the hands of 
his executor or administrator, who may voluntarily appear, 
or who may be summoned by the commissioner to defend 
the suit. Approved February 24, 1933. 



Acts, 1933. — Chaps. 42, 43, 44. 49 



An Act relative to certain provisions of law (7/^r) 40 

EXEMPTING PROCEEDS OF POLICIES OF LIFE OR ENDOW- 
MENT INSURANCE FROM CLAIMS OF CREDITORS OF PERSONS 
EFFECTING SUCH INSURANCE. 

Be it enacted, etc., as follows: 

Chapter one hundred and seventy-six of the acts of 1928, i76, new 
nineteen hundred and twenty-eight is hereby amended by therwl^' ^''^ 
adding at the end thereof the following new section: — 
Section 4- This act shall apply to policies of life or en- Application 
dowment insurance issued or delivered in the common- °^ ^^*" 
wealth on or before July second, nineteen hundred and 
twenty-eight, as well as to those so issued or delivered after 
said date. Approved February 34, 1933. 

An Act prohibiting riding upon the rear or on the (Jjiny 43 

SIDE OF STREET RAILWAY CARS OR MOTOR BUSES WITHOUT ^' 

THE CONSENT OF THE PERSONS IN CHARGE THEREOF. 

Be it enacted, etc., as follows: 

Chapter eighty-five of the General Laws, as appearing o. l. (Ter. 

in the Tercentenary Edition thereof, is hereby amended by Sction^afLT 

inserting- after section seventeen A the following new sec- § ^'^^■ 

tion: — Section 17 B. Whoever rides upon the rear or side Riding upon 

of any street railway car or motor bus without the consent gtreet^^raiiwly 

of the person in charge thereof shall be punished by a fine <'"«• ^♦f- 

witnout COD" 

of not more than twenty dollars. sent of persons 

Approved February 24, 1933. ihefeor 

prohibited. 

An Act relative to discrimination against the treat- nhnjy a a 

MENT OF GONORRHEA OR SYPHILIS IN certain HOSPITALS. ^' 

Be it enacted, etc., as follows: 

Section one hundred and eighteen of chapter one hun- g. l. (Ter. 
dred and eleven of the General Laws, as appearing in the fiig/amended. 
Tercentenary Edition thereof, is hereby amended by strik- 
ing out, in the second line, the words "venereal diseases in 
the out-patient department of" and inserting in place 
thereof the words : — gonorrhea or syphilis in, — and by 
inserting after the word "city" in the third line the words: — 
or town, — so as to read as follows: — Section 118. No Discrimination 
discrimination shall be made against the treatment of mJ'ntoVgon- 
gonorrhea or syphilis in any general hospital supported by ""^ififjg"-^ ^er 
taxation in any city or town where special hospitals, other tain hospitals, 
than hospitals connected with penal institutions, are not Z^aaJ^^' 
provided for the treatment of such diseases at public 
expense; but any such hospital may establish a separate 
ward for their treatment. Approved February 24, 1933. 



50 



Acts, 1933. — Chap. 45. 



Representative 
town govern- 
ment by 
limited town 
meetings in 
town of South 
Hadley. 
Town meeting 
members, elec- 
tion, terms, etc. 



Chap. 45 An Act to erect and constitute in the town of south 

HADLEY REPRESENTATIVE TOWN GOVERNMENT BY LIMITED 
town MEETINGS. 

Be it enacted, etc., as follows: 

Section 1. There is hereby erected and constituted in 
the town of South Hadley the form of representative town 
government by hmited town meetings hereinafter set 
forth. 

Section 2. The voters of each precinct in the town of 
South Hadley shall, at the next ensuing annual town elec- 
tion held after the acceptance of this act, and conformably 
to the laws relative to elections not inconsistent with this 
act, elect by ballot from residents of the precinct town 
meeting members, other than the officers designated in 
section three of this act as town meeting members ex 
officiis, to the largest number which is divisible by three 
and which will not exceed two per cent of the number of 
registered voters in the precinct upon and including the 
first day of January next preceding said election. The 
first third in the order of votes received of members elected 
at such annual election in each precinct shall serve until 
the third succeeding annual election, the second third 
in the order of votes received at such election shall serve 
until the second succeeding annual election, and the re- 
maining third in the order of votes received at such election 
shall serve until the first succeeding annual election; and 
thereafter except as herein provided, at each annual elec- 
tion the voters of each precinct in the town shall, in like 
manner, elect as town meeting members the largest number 
which will not exceed two thirds of one per cent of the 
number of registered voters in such precinct upon and 
including the first day of January next preceding such 
annual election, for the term of three years, and shall, 
at such election, fill for the unexpired term or terms any 
vacancies then existing in the number of town meeting 
members in the precinct. 

After the acceptance of this act, the boundaries of the 
precincts may from time to time be changed according to 
general law, but the precincts shall not number less than 
four. Upon every change of the precincts or of any pre- 
cinct in the town, the terms of office of all town meeting 
members from every precinct which shall be in any way 
altered by such change, shall cease upon the election of 
their successors, and at the first ensuing annual town elec- 
tion there shall be a new election of town meeting members 
in every precinct so changed, as well as in any new precinct 
or precincts estabhshed, said election to be held in the 
manner hereinbefore prescribed for the first election under 
this act. 

In the case of a tie vote which affects the election of town 
meeting members in any precinct otherwise than as to 



Change of 
precincts, etc. 



When terms of 
office of cer- 
tain town 
meeting mem- 
bers shall 
cease, etc. 



Tie vote. 



Acts, 1933. — Chap. 45. 



51 



term of office, the members elected from such precinct at 
the same election shall, by a majority vote, determine 
which of the voters receiving such tie vote shall serve as 
town meeting members from such precinct, and in case of a 
tie vote affecting the term of office of members elected, the 
members elected from such precinct at the same election 
other than those whose terms of office are affected by such 
tie vote, shall, by a majority vote, determine which mem- 
ber receiving such tie vote shall serve for the longer and 
which for the shorter term. 

The town clerk shall, after every election of town meet- 
ing members, forthwith notify each member, by mail, of his 
election. 

Section 3. The representative town meetings held 
under the provisions of this act, except as otherwise pro- 
vided herein, shall be limited to the elected town meeting 
members together with the following, designated as town 
meeting members 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 counsel if a regis- 
tered voter of the town, 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 park commissioners, the chairman of the 
municipal light commissioners, the tree warden, the chair- 
man of the assessors of taxes, the finance committee, the 
chairman of the board of registrars of voters, the town 
accountant, and the chairman of any other board, com- 
mission or committee established in the town by authority 
of the general court. 

The secretary or clerk of each of said boards, commis- 
sions and committees shall file with the town clerk a certifi- 
cate of election of a chairman. 

Any elected town meeting member who becomes by 
appointment or election one of the officers designated as 
town meeting members, ex officiis, shall, upon such ap- 
pointment or election, 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 three days before any such meeting, but failure 
to comply with this provision shall not affect the legal 
force of any act of the meeting, and this provision shall be 
in addition to the warrant for such meeting duly published 
and served according to law. The representative town 
meeting shall have authority to determine the election and 
qualifications, as set forth in this act, of its members. 
A majority of the town meeting members shall constitute 
a quorum for doing business; but a less number may 
organize temporarily and may adjourn from time to time. 
All town meetings shall be held in pubhc. Town meeting 



Notice to 
members 
elected. 



Town meet- 
ings limited to 
elected town 
meeting mem- 
bers and cer- 
tain desig- 
nated town 
meeting mem- 
bers. 



Certificate of 
election of 
chairman. 



When certain 
elected town 
meeting mem- 
bers shall 
cease to be 
such. 



Notice of town 
meetings. 



Town meeting 
members to 
determine elec- 
tion of mem- 
bers. 



Quorum. 



Meetings 
pubhc. 



52 



Acts, 1933. — Chap. 45. 



No compen- 
sation. 



Resignations. 



Removal from 

precinct, 

effect. 



Nomination of 
candidates 
for town 
meeting mem- 
bers, how made 



Proviso. 



Warrant 
articles, how 
acted upon, etc. 



Moderator, 
election. 



Moderator, 
pro tempore. 



Vacancies in 
full number of 
town meeting 
members, fill- 
ing, etc. 

Calling of 
special meet- 
ing. 



members shall receive no compensation as such. Subject 
to such conditions as may be 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. An 
elected town meeting member may resign by filing a 
written resignation with the town clerk, and such resigna- 
tion shall take effect on the date of such filing. An elected 
town meeting member who removes from the precinct 
from which he was elected shall cease to be a town meeting 
member. 

Section 4. Nominations of candidates for town meet- 
ing members to be elected under this act shall be made by 
nomination papers which shall bear no political designa- 
tion, but to the name of a candidate for re-election there 
may be added the words "Candidate for Re-election". 
Nomination papers shall be signed by not less than ten 
registered voters of the precinct in which the candidate is 
nominated for office and filed with the town clerk at least 
fifteen days before the election; provided, that an elected 
town meeting member may become a candidate for re- 
election by giving written notice thereof to the town clerk 
at least thirty days before the election. 

Section 5. All articles in the warrant for every town 
meeting, so far as they relate to the election of the town 
moderator, town officers and town meeting members, and, 
as herein provided, 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 precincts. All other articles in the warrant for 
any town meeting, beginning with the annual town meet- 
ing in the year when said town meeting members are first 
elected, shall be acted upon and determined exclusively by 
town meeting members at a representative town meeting 
to be held at such time and place as shall be set forth by the 
selectmen in the warrant for the meeting, and subject to 
the referendum provided for by section eight. 

Section 6. The moderator shall continue to be elected 
by ballot in the same manner as is now provided. Any 
vacancy in the office shall be filled by the town meeting 
members at a meeting held for that purpose. If a modera- 
tor is absent a moderator pro tempore may be elected by 
the town meeting members. 

Section 7. In the event of any vacancy in the full 
number of elected town meeting members from any pre- 
cinct a majority of said members may choose from among 
the registered voters thereof a successor to serve until the 
next annual town election. The town clerk may, and upon 
a petition therefor signed by a majority of the elected town 
meeting members from the precinct shall, call a special 
meeting for the purpose of filling such vacancy and shall 
mail notice thereof to the remaining elected members from 
the precinct specifying the object and the time and place 



Acts, 1933. — Chap. 45. 



53 



of such meeting which shall be held not less than four days 
after the mailing of such notice. At such meeting a 
majority of such members shall constitute a quorum and 
shall elect from their own number a chairman and a clerk. 
The election to fill such vacancy shall be by ballot and a 
majority of the votes cast shall be required for a choice. 
The clerk shall forthwith file with the town clerk a certifi- 
cate of such election, together with a written acceptance 
by the member so elected, who shall thereupon be deemed 
elected and qualified as an elected town meeting member, 
subject to the provisions of section three respecting the 
election and qualifications of elected town meeting members. 
Section 8. No article in the warrant shall at any 
representative town meeting be finally disposed of by a 
vote to lay upon the table, to indefinitely postpone, or to 
take no action thereunder. No vote passed at any repre- 
sentative town meeting under any article in the warrant, 
except a vote to adjourn or a vote for the temporary bor- 
rowing of money in anticipation of revenue or a vote 
declared by a two thirds vote of the town meeting members 
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 take effect 
until after the expiration of seven days, exclusive of Sun- 
days and holidays, from the date of such vote. If, within 
said seven days a petition, signed by not less than fifty 
registered voters from each precinct, the aggregate number 
of voters so signing being in no event less than five per 
cent of the number of registered voters of the town, con- 
taining the names and street addresses of the voters so 
signing as they appear on the list of registered voters, is 
filed with the selectmen asking that the question or ques- 
tions involved in such vote be submitted to the voters of 
the town at large, then the selectmen within fourteen days 
of the filing of such petition shall call a special town meet- 
ing which shall be held within twenty-one days after notice 
of the call, for the sole purpose of presenting to the voters 
at large the question or questions so involved. All votes 
upon any questions submitted shall be taken by ballot, 
and the check lists shall be used in the several precincts 
in the same manner in which they are used in the election 
of town officers. The polls shall be opened at two o'clock 
in the afternoon and shall be closed not earlier than eight 
o'clock in the evening and no ballots shall be removed or 
counted before the closing of the polls. The question or 
questions submitted to be voted upon at said town meet- 
ing shall be stated upon the ballot in substantially the same 
language and form in which they were stated when finally 
presented to said representative town meeting by the 
moderator as appears upon the records of said meeting, and 
such question or questions shall be determined by vote 
of the same proportion of the voters at large voting thereon 
as would have been required by law had the question been 



Election by 
ballot. 

Certificate of 
election. 



Warrant 
articles, dis- 
position. 

Votes, when 
effective. 



Referendum. 



Opening and 
closing of 
polls, etc. 



Questions, how 
stated upon 
ballot, etc. 



54 



Acts, 1933. — Chap. 45. 



Vote, when ef- 
fective if no 
petition filed. 



Powers of town 
and its town 
meeting mem- 
bers, etc. 



Certain rights 
not abridged, 
etc. 



Submission to 
voters of town 
of South 
Hadley, etc. 



finally determined at a representative town meeting. If 
such petition be not filed within said period of seven days, 
the vote in the representative town meeting shall take 
effect upon the expiration of said period. 

Section 9. The town of South Hadley, after the ac- 
ceptance of this act, shall have the capacity to act through 
and be bound by its said town meeting members who shall, 
when convened from time to time as herein provided, con- 
stitute representative town meetings; and the representa- 
tive 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 trans- 
action 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. No right secured to the inhabitants of 
the town of South Hadley by the constitution of this 
commonwealth shall be abridged by this act; nor shall this 
act confer upon any representative town meeting the power 
to commit said town to any proposition affecting its 
municipal existence, or the form of its government without 
action thereon by the voters of said town at large using the 
ballot and check lists therefor. 

Section 11. This act shall be submitted to the regis- 
tered voters of the town of South Hadley at any annual 
town meeiting called within two years from the passage of 
this act. The vote shall be taken in precincts by ballot in 
accordance with the provisions of general law, 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 the 
several precincts in said town at such election for the elec- 
tion of town officers: — "Shall an act passed by the general 
court in the year nineteen hundred and thirty-three, en- 
titled 'An Act to erect and constitute in the town of South 
Hadley representative town government by limited town 
meetings', be accepted by this town?" If accepted by a 
majority of the voters voting thereon at any such annual 
meeting, this act shall thereupon take effect for all purposes 
incidental to the annual town election in said town in the 
year next ensuing, and shall take full effect beginning with 
said election. Approved February 2^, 1933. 



Acts, 1933. — Chaps. 46, 47. 



55 



Chap. 46 



Emergency 
preamble. 



G. L. (Ter. 
Ed.). 168, new 
section after 



Savings banks 
may become 
members of 
Federal Home 
Loan Bank 
established for 
district of 
New England. 



An Act authorizing savings and co-operative banks 
to become members of the federal home loan bank 
established for the district of new england. 

Whereas, The deferred operation of this act would, in 
part, defeat its purpose to afford rehef in the existing finan- 
cial emergency by making immediately available to sav- 
ings and co-operative banks the assistance and co-operation 
provided by the Federal Home Loan Bank Act, therefore 
this act is hereby declared to be an emergency law, neces- 
sary for the immediate preservation of the public health, 
safety and convenience. 

Be it enacted, etc., as follows: 

Section 1. Chapter one hundred and sixty-eight of the 
General Laws, as appearing in the Tercentenary Edition 
thereof, is hereby amended by inserting after section two 
the following new section: — Section 2 A. Any such sav- 
ings bank may become a member of the Federal Home 
Loan Bank estabhshed for the district of New England 
under the provisions of an act of congress, approved July 
twenty-second, nineteen hundred and thirty-two, and 
known as the federal home loan bank act, or of any suc- 
cessor of said bank so established; and may, subject other- 
wise to the provisions of this chapter, subscribe to and invest 
in such amounts of the stock of said home loan bank as 
may be required by said act of congress to qualify such 
savings bank for membership in said home loan bank. 

Section 2. Chapter one hundred and seventy of the 
General Laws, as so appearing, is hereby amended by in- 
serting after section forty-five the following new section : — 
Section 45 A. Any corporation subject to this chapter may 
become a member of the Federal Home Loan Bank estab- 
lished for the district of New England under the provisions 
of an act of congress, approved July twenty-second, nine- 
teen hundred and thirty-two, and known as the federal 
home loan bank act, or of any successor of said bank so 
established; and may, subject otherwise to the provisions 
of this chapter, subscribe to and invest in such amounts 
of the stock of said home loan bank as may be required 
by said act of congress to qualify such corporation for 
membership in said home loan bank. 

Approved March 1, 1933. 

An Act relative to certain lines, poles and other fhny 47 
equipment of the town of hingham and of the new 
england telephone and telegraph company of 
massachusetts, in the town of hingham. 

Be it enacted, etc., as follows: 

Section L All lines for the transmission of electricity, certain lines, 
for light, heat or power heretofore acquired or constructed o°hlr equip- 
by the municipal lighting board of the town of Hingham, ™ent of town 



G. L. (Ter. 
Ed.), 170, new 
section after 
§45. 

Co-operative 
banks may be- 
come members 
of Federal 
Home Loan 
Bank estab- 
lished for dis- 
trict of 
New England. 



56 



Acts, 1933. — Chaps. 48, 49. 



of Hingbam 
and of The 
New England 
Telephone and 
Telegraph 
Company of 
Massachu- 
setts in said 
town made 
lawful, not- 
withstanding, 
etc. 



Proviso. 



and all lines for the transmission of intelligence by elec- 
tricity heretofore acquired or constructed by The New 
England Telephone and Telegraph Company of Massa- 
chusetts, upon, along, over or under the public ways and 
places of said town, and the poles, piers, abutments, con- 
duits and other fixtures necessary to sustain or protect the 
wires of said lines, and in actual use on the effective date of 
this act, are hereby made lawful notwithstanding the lack 
of any valid locations therefor or any informality in the 
proceedings relative to their location and erection; pro- 
vided, that the said town of Hingham by its municipal 
lighting board and said company shall, not later than the 
first day of December in the current year, file with the 
town clerk a map or maps showing in detail the location 
and nature of the said lines, structures and fixtures in said 
town; such map or maps to be recorded and kept with the 
records of original locations for poles and wires in said 
town. 

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

Approved March 1, 1933. 



Chap. 48 



Certain lands 
and waters in 
city of Med- 
ford to be 
under control 
of park de- 
partment of 
said city. 



An Act providing that certain lands and waters now 
under jurisdiction or control of the water and 
sewer department of the city of medford be trans- 
ferred to the jurisdiction and control of the park 
department of said city. 

Be it enacted, etc., as follows: 

Section 1. The lands and waters in that part of the 
city of Medford within the area bounded by Forest street. 
Elm street. Woodland road and the Stoneham line, now 
under the control or jurisdiction of the water and sewer 
department of the said city of Medford, shall hereafter be 
under the control and jurisdiction of the park department 
of the said city. 

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

Approved March 1, 1933. 



Chap. 49 An Act creating an emergency finance board and 
defining its powers and duties. 



Emergency 
preamble. 



Emergency 
finance board, 
membership, 
terms. 



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

Be it enacted, etc., as follows: 

Section 1. There shall be in the department of the 
state treasurer, subject to his control only to the extent of 
his membership therein, an emergency finance board, 
hereinafter called the board, consisting of the state treasurer 
and the director of the division of accounts, ex officiis, 
and three citizens of the commonwealth to be appointed 
by the governor, with the advice and consent of the council, 



Acts, 1933. — Chap. 49. 



57 



who shall be designated in their initial appointments to 
serve respectively for one, two and three years. The 
governor, with like advice and consent, shall, from time to 
time, designate one of the members as chairman, may re- 
move any appointive member, and shall fill any vacancy 
in the appointive membership of the board for the unex- 
pired term. Upon the expiration of the term of office of 
an appointive member, his successor shall be appointed in 
the manner aforesaid for three years. If the state treasurer 
or said director is unable by reason of absence or disability 
to perform his duties as such member, said state treasurer, 
or the commissioner of corporations and taxation, in the 
case of said director, may, by a writing filed with the board, 
designate an officer or employee in his department who 
shall, without additional compensation therefor, perform 
such duties during such absence or disability. The action 
of a majority of the members shall constitute action of the 
board; and whenever any action by the board is required 
to be in writing, such writing shall be sufficient when signed 
by a majority of the members. Each appointive member 
shall receive from the commonwealth as compensation the 
sum of ten dollars for each day's attendance at board meet- 
ings; provided, that the total amount paid to any member 
for compensation as aforesaid shall not exceed five hundred 
dollars in any one year. The commissioner of corporations 
and taxation shall, upon request of the board, assign to it 
such clerical assistance as it may need from the personnel 
of the department of corporations and taxation, and any 
expense incurred by said department by reason of such 
assignment shall be deemed an expense of the board. The 
existence of the board shall terminate and this act shall 
cease to be operative when, as determined by the governor, 
the purposes of its establishment have been accomplished, 
but not before the payment in full to the commonwealth of 
all amounts borrowed by cities and towns under this act, 
including interest. 

Section 2. The treasurer of any city or town, if author- 
ized by a two thirds vote, as defined by section one of 
chapter forty-four of the General Laws, and with the 
approval of the mayor or the selectmen, may, on behalf 
of such city or town, petition the board to approve of its 
borrowing money from the commonwealth for ordinary 
maintenance expenses, and the board may, if in its judg- 
ment the financial affairs of such city or town warrant, 
grant its approval to the borrowing as aforesaid of specified 
sums not at any time exceeding, in the aggregate, the total 
amount represented by tax titles taken or purchased by 
such city or town and held by it; provided, that such bor- 
rowing is made at any time or times prior to July first, 
nineteen hundred and thirty-five. In case of such approval, 
the treasurer of such city or town shall, without further 
vote, issue notes, with interest at not less than four per 
cent per annum, in the amount approved by the board, for 



Chairman. 



Vacancies. 



Designation of 
certain tem- 
porary officers 
in certain cases. 



Compensation. 



Proviso. 



Clerical 
assistance. 



When exist- 
ence of board 
shall termi- 
nate, etc. 



Board may 
grant its ap- 
proval to peti- 
tion of a city 
or town to 
borrow money 
from com- 
monwealth. 



Aggregate 
amount. 



Proviso. 



Issue of 
notes, etc. 



58 



Acts, 1933. — Chap. 49. 



Distribution 
of excess of 
amount of in- 
terest pay- 
ments received 
by common- 
wealth, etc. 



Amounts re- 
ceived by city 
or town from 
assignment of 
any tax titles 
held by it, 
etc., to be paid 
monthly to 
state treasurer, 
until, etc. 



Authority of 
state treasurer 
in case city or 
town fails to 
make payment 
when due. 



Payment in 
instalments. 



Proviso. 



purposes of sale to the commonwealth only, and said notes, 
upon their tender to the state treasurer, shall forthwith be 
purchased by the commonwealth at the face value thereof. 
Such notes shall be payable in not more than one year, 
and may be renewed from time to time, if authorized by 
the board, but no renewal note shall be for a period of more 
than one year, and the maturity of any loan or renewal 
shall not be later than July first, nineteen hundred and 
thirty-six. Such notes shall be general obligations of the 
city or town issuing the same, notwithstanding the foregoing 
provisions. Indebtedness incurred by a city or town under 
authority of this act shall be outside its limit of indebtedness 
as fixed by chapter forty-four of the General Laws. The 
excess, if any, of the amount of interest payments received 
by the commonwealth on account of notes issued by cities 
and towns hereunder over the cost to the commonwealth 
for interest on money borrowed under section five, expenses 
of the board, including compensation paid to its appointive 
members, and expenses of administration of the funds 
provided by sections three and five shall be distributed to 
such cities and towns in November, nineteen hundred and 
thirty-nine, or earlier at the discretion of the board, in the 
proportion which the aggregate amounts payable by them 
on account of interest on such notes bear to the total 
amounts so payable by all cities and towns hereunder. 

Section 3. Until payment to the commonwealth of 
all principal and interest on account of any notes issued 
by a city or town hereunder and held by the common- 
wealth, all amounts received during any month by such 
city or town from the redemption or sale of land purchased 
or taken by it for non-payment of taxes, or from the assign- 
ment of any tax title held by it, shall, at the end of such 
month, be paid over to the state treasurer who shall receive 
and forthwith apply the same toward the payment of any 
note or notes issued hereunder by such city or town and 
then held by the commonwealth, and thereafter interest 
shall be payable only on the balance of such note or notes 
remaining unpaid. 

Section 4. If a city or town fails to make any pay- 
ment of principal or interest on any note issued by it 
hereunder, when due, the state treasurer shall have author- 
ity, not later than the issue of his warrant for its share of 
the state tax in any year, to issue his warrant requiring 
its assessors to include in the next annual tax levy the 
amount necessary to make such payment in full or to pay 
any instalment thereof as determined and certified to him 
by the board as hereinafter provided. If, in the opinion 
of the board, the financial affairs of any city or town failing 
or likely to fail to make payment as aforesaid warrant, 
the board may direct the assessment of the amount neces- 
sary to make such payment in full, in such number of 
annual instalments, not exceeding three, as may seem 
advisable; provided, that the amount of any instalment 



Acts, 1933. — Chap. 50. 



59 



payable in any year shall not be less than the amount of 
any instalment payable in any subsequent year. Sea- 
sonably before the issue of the warrant of the state treasurer 
for the share of any city or town of the state tax in any 
year, the board shall determine and certify to the state 
treasurer the amount of such instalment required to be 
assessed upon any particular city or town in that year. 
The amount included under authority hereof in the state 
treasurer's warrant to the assessors of any city or town 
shall be collected and paid to him in the same manner and 
subject to the same penalties as state taxes, and if such 
amount is not duly paid as aforesaid by such city or town, 
the state treasurer shall have authority to withhold, from 
any sum due from the commonwealth to it and not previ- 
ously pledged, the amount necessary to reimburse the 
commonwealth for such failure to pay. 

Section 5. The state treasurer, with the approval of state treasurer 
the governor and council, may borrow from time to time, ^new^note^?'^ 
on the credit of the commonwealth, such sums as may be ^*''- 
necessary to provide funds for loans to municipalities as 
aforesaid, but not exceeding ten million dollars, and may 
issue and renew notes of the commonwealth therefor, bear- 
ing interest payable at such times and at such rate as shall 
be fixed by the state treasurer, with the approval of the 
governor and council. Such notes shall be issued for such Term, etc, 
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, but such notes, whether original or 
renewal, shall be payable not later than November thirtieth, 
nineteen hundred and thirty-nine. All notes issued under 
this section shall be signed by the state treasurer, approved 
by the governor and countersigned by the comptroller. 

Approved March 1, 1933. 



1919 (S), 115, 
§ I, etc., 
amended. 



An Act further extending the time during which the (Jfidj) 

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 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, by section one of chapter nine- 
teen of the acts of nineteen hundred and twenty-five, by 
section one of chapter sixty-one of the acts of nineteen 
hundred and twenty-eight, and by section one of chapter 
thirty-one of the acts of nineteen hundred and thirty-one, 
is hereby further amended by striking out, in the twelfth 
and thirteenth lines the words "thirty-one, nineteen hun- 
dred and thirty-two and nineteen hundred and thirty- 
three" and inserting in place thereof the words: — thirty- 



50 



60 



Acts, 1933. — Chap. 51. 



Time during 
which the cities 
of Lynn, Pea- 
body, Salem 
and Beverly 
and town of 
Danvers may 
take water 
from Ipswich 
river for 
emergency 
purposes, fur- 
ther extended. 



three, nineteen hundred and thirty-four, nineteen hundred 
and thirty-five and nineteen hundred and thirty-six, — 
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, in- 
clusive, 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 thirteen, 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 nineteen hundred and thirty-three, nineteen 
hundred and thirty-four, nineteen hundred and thirty-five 
and nineteen hundred and thirty-six, 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 health, 
the taking of water during the months aforesaid in the 
years mentioned, or any of them, is necessary to provide 
an adequate water supply for the cities and town herein 
mentioned, subject otherwise to the remaining provisions 
of said acts. Approved March 1, 1933. 



G. L. 90, §7, 
etc., amended. 



ChaV 51 ^^ "^^"^ REGULATING THE DISPLAY OE RED LIGHTS ON MOTOR 
^' VEHICLES AND REQUIRING CERTAIN MOTOR VEHICLES 

TO BE EQUIPPED WITH RED REFLECTORS VISIBLE FROM THE 
REAR. 

Be it enacted, etc., as follows. • 

Section seven of chapter ninety of the General Laws, as 
most recently amended by section one of chapter one 
hundred and twenty-three of the acts of nineteen hundred 
and thirty-two, is hereby further amended by inserting 
after the word "number" in the fifty-second line the two 
following new sentences: — No motor vehicle so operated, 
except fire apparatus, shall display a red hght in the direc- 
tion toward which the vehicle is proceeding or facing. 
Every commercial motor vehicle or trailer having a carry- 
ing capacity of two tons or over shall, in addition to such 
rear light, be equipped with a red reflector, approved by the 
registrar, so placed at the rear of such vehicle as to reflect 
rays of light thrown upon such reflector from behind, — 
so as to read as follows : — Section 7. Every motor vehicle 
operated in or upon any way shall be provided with brakes 
adequate to control the movement of such vehicle and con- 
forming to rules and regulations made by the registrar, 
and such brakes shall at all times be maintained in good 
working order. Every automobile shall be provided with 
at least two braking systems, each with a separate means of 
appHcation, each operating directly or indirectly on at least 
two wheels and each of which shall suffice alone to stop 



Brakes on 
motor vehicles. 



Acts, 1933. — Chap. 51. 



61 



said automobile within a proper distance as defined in said 
rules and regulations; provided, that if said systems are 
connected, combined or have any part in common, such 
systems shall be so constructed that a breaking of any one 
element thereof will not leave the automobile without 
brakes acting directly or indirectly on at least two wheels. 
One braking system shall be so constructed that it can be 
set to hold the automobile stationary. Every motor cycle 
shall be provided with at least one brake adequate to stop 
it within a proper distance as defined as aforesaid. Every 
motor vehicle so operated shall be provided with a muffler 
or other suitable device to prevent unnecessary noise and 
with a suitable bell, horn or other means of signalling, 
and with suitable lamps; and automobiles shall be provided 
with a lock, a key or other device to prevent such vehicle 
from being set in motion by unauthorized persons, or 
otherwise, contrary to the will of the owner or person in 
charge thereof. Every automobile operated during the 
period from one half an hour after sunset to one half an 
hour before sunrise shall display at least two white lights, 
or lights of yellow or amber tint, or, if parked within the 
limits of a way, one white light on the side of the auto- 
mobile nearer the centre of the way, and every motor 
cycle so operated at least one white hght, or light of yellow 
or amber tint, and every such motor cycle with a side-car 
attached, in addition, one such hght on the front of the 
side-car, and every motor truck, trailer and commercial 
motor vehicle used solely as such, having a carrying ca- 
pacity of three tons or over, in addition, a green light 
attached to the extreme left of the front of such vehicle, 
so attached and adjusted as to indicate the extreme left 
lateral extension of the vehicle or load, which shall in all 
cases aforesaid be visible not less than two hundred feet 
in the direction toward which the vehicle is proceeding 
or facing; and every such motor vehicle shall display at 
least one red light in the reverse direction; provided, that 
an automobile need display no light when parked within 
the limits of a way in a space in which unlighted parking 
is permitted by the rules or regulations of the board or 
officer having control of such way. Every automobile 
so operated shall have a rear light so placed as to show a 
red light from behind and a white light so arranged as 
to illuminate and not obscure the rear register number. 
No motor vehicle so operated, except fire apparatus, shall 
display a red light in the direction toward which the 
vehicle is proceeding or facing. Every commercial motor 
vehicle or trailer having a carrying capacity of two tons or 
over shall, in addition to such rear light, be equipped with 
a red reflector, approved by the registrar, so placed at the 
rear of such vehicle as to reflect rays of light thrown upon 
such reflector from behind. No headlamp or rear lamp 
shall be used on any motor vehicle so operated, and no 
device which obstructs, reflects or alters the beam of such 



Proviso. 



Other equip- 
ment. 



Lights. 



Parking lights. 



Proviso. 



Display of red 
lights on 
motor vehicles 
regulated. 
Certain com- 
mercial motor 
vehicles to be 
equipped with 
red reflector. 



Head lamps 
and rear lamps, 
approval by 
registrar, etc. 



62 



Acts, 1933. — Chaps. 52, 53. 



Mirrors or 
reflectors. 



headlamp shall be used in connection therewith, unless ap- 
proved by the registrar. Application for the approval of 
a headlamp, or of a rear lamp, accompanied by a fee of 
fifty dollars, may be made to the registrar by any manu- 
facturer thereof or dealer therein. Every automobile 
used for the carriage of passengers for hire, and every 
commercial motor vehicle or motor truck, so constructed, 
equipped or loaded that the person operating the same is 
prevented from having a constantly free and unobstructed 
view of the highway immediately in the rear, shall have 
attached to the vehicle a mirror or reflector so placed and 
adjusted as to afford the operator a clear, reflected view of 
the highway in the rear of the vehicle. 

Approved March 1, 1933. 



Chap. 52 An Act relative to the placing of james l. molloy of 

BOSTON ON THE RETIRED LIST OF COMMISSIONED OFFICERS 
OF THE MILITIA. 

Be it enacted, etc., as follows: 

The adjutant general is hereby authorized and directed 
to place James L. Molloy of Boston upon the retired list 
of commissioned officers provided for the purpose by the 
provisions of section ninety-eight of chapter thirty-three 
of the General Laws, or corresponding provisions of earlier 
laws, with the rank of major, as of April twelfth, nineteen 
hundred and ten, notwithstanding that said Molloy did 
not serve as a commissioned officer for a suflficient period of 
time to satisfy the requirements of said provisions. 

Approved March 1, 1933. 



The adjutant 
general may 
place James L. 
Molloy of 
Boston on re- 
tired list of 
commissioned 
officers of 
militia. 



Chap. 53 An Act empowering the leopold morse home for in- 
firm HEBREWS AND ORPHANAGE TO TRANSFER ITS PROP- 
ERTY TO THE ASSOCIATED JEWISH PHILANTHROPIES, INC. 

Be it enacted, etc., as follows: 

Section 1. The Leopold Morse Home for Infirm 
Hebrews and Orphanage, a corporation incorporated under 
general law under the name of the Boston Home for Aged 
and Infirm Hebrews and Orphanage, whose name was 
changed to its present name by chapter thirteen of the acts 
of eighteen hundred and ninety-four, is hereby empowered 
to transfer, assign, set over, and convey all funds and 
property held by it to the Associated Jewish Philanthropies, 
Inc., incorporated under general law, and the said Asso- 
ciated Jewish Philanthropies, Inc. is hereby empowered to 
receive the same and to hold, manage and dispose of all 
such funds and property charged with any trust, upon the 
same trusts, uses and purposes as if the same had con- 
tinued to be held by the said Leopold Morse Home for 
Infirm Hebrews and Orphanage for the fulfillment of the 
charitable purposes of said corporation. 



Leopold Morse 
Home for In- 
firm Hebrews 
and Orphanage 
empowered to 
transfer its 
property to 
the Associated 
Jewish Philan- 
thropies, Inc. 



Acts, 1933. — Chaps. 54, 55. 



63 



Section 2. The power hereby granted shall be exer- Power granted 
cised only in conformity with such a decree, if any, of the ciaed only in 
supreme judicial court, sitting in equity, for the county of ^^XJrfe, 
Suffolk, as may be entered within one year after the passage etc. 
of this act. 

Section 3. This act shall not take effect until it shall Effective upon 
have been accepted by the votes of the board of directors, ^^^^p*^"^^- 
or the officers having the powers of directors, of each of 
said corporations and copies of the respective votes of 
acceptance shall have been filed with the secretary of the 
commonwealth. Approved March 1, 1933. 



G. L. 90, § 2, 
etc., amended. 



An Act authorizing the registrar of motor vehicles (Jfiap. 54 

TO SUSPEND THE REGISTRATION OF MOTOR VEHICLES OR 
TRAILERS DETERMINED TO BE UNSAFE. 

Be it enacted, etc., as follows: 

Section two of chapter ninety of the General Laws, as 
most recently amended by chapter five of the acts of nine- 
teen hundred and thirty-two, is hereby further amended 
by striking out the last paragraph, as printed in the Ter- 
centenary Edition, and inserting in place thereof the fol- 
lowing : - — If the registrar shall determine at any time Suspension of 
that, for any reason, a motor vehicle or trailer is unsafe or motor vehFcies 
improperly equipped or otherwise unfit to be operated, he termfneTto^be 
may refuse to register such motor vehicle or trailer or, if it unsafe, 
is already registered, may suspend or revoke its registra- 
tion. The horse power of every motor vehicle sought to be 
registered shall be determined by the commissioner of 
public works, and his determination shall be final and con- 
clusive. The registration of every motor vehicle and 
trailer registered under this section shall expire at midnight 
on December thirty-first of each year. 

Approved March 1, 1933. 



An Act relative to the power of the land court to (JJiav. 55 

ENFORCE ITS ORDERS AND DECREES AND RELATIVE TO 
SERVICE OF ITS PROCESSES. 

Be it enacted, etc., as follows: 

Chapter one hundred and eighty-five of the General 
Laws, as appearing in the Tercentenary Edition thereof, 
is hereby amended by inserting after section twenty-five 
the following new section : — Section 25 A . The court shall 
have like power and authority for enforcing orders, sen- 
tences and decrees made or pronounced in the exercise of 
any jurisdiction vested in it, and for punishing contempts 
of such orders, sentences and decrees and other contempts 
of its authority, as are vested for such or similar purposes 
in the supreme judicial or superior court in equity in rela- 
tion to any suit in equity pending therein. Commitments 
for such contempts may be made to any jail in the common- 
wealth. Orders, precepts and processes issued by the court 



G. L. (Ter. 
Ed.), 185. 
new section 
after § 25. 

Power of land 
court to en- 
force its 
orders and 
decrees and 
relative to 
service of its 
processes. 



64 



Acts, 1933. — Chaps. 56, 57. 



may be served in Suffolk county by the officer in attendance 
upon the sessions of said court in said county, or in any 
county by any deputy sheriff to whom they are directed. 

Approved March 1, 1933. 



Chap. 56 An Act to enable the Middlesex county commissioners 

TO ACQUIRE MORE LAND FOR THE PURPOSES OF THE MIDDLE- 
SEX COUNTY TRAINING SCHOOL AT CHELMSFORD IN SAID 
COUNTY. 

Be it enacted, etc., as follows: 

Section 1. The county commissioners of Middlesex 
county are hereby authorized to acquire by purchase, or by 
eminent domain under chapter seventy-nine of the General 
Laws, additional lands adjacent to the lands owned by 
the said county and used for the Middlesex county training 
school in the town of Chelmsford in said county, and, for 
said purpose, may expend out of any appropriation for 
the current year for the support of the said training school 
a sum not exceeding seven hundred and fifty dollars. 

Section 2. This act shall take effect upon its accept- 
ance during the current year by the county commissioners 
of said county, but not otherwise. 

Approved March 1, 1933. 



Middlesex 
county com- 
missioners 
may acquire 
more land for 
purposes of 
Middlesex 
county train- 
ing school at 
Chelmsford. 



Effective upon 

acceptance, 

etc. 



1917 (S), 260, 
§ 4, amended. 



Chap. 57 An Act relative to the time for filing and contents 

OF STATEMENTS OF CANDIDATES FOR NOMINATION AT 
CITY PRIMARY ELECTIONS IN THE CITY OF EVERETT. 

Be it enacted, etc., as follows: 

Section four of chapter two hundred and sixty of the 
Special Acts of nineteen hundred and seventeen is hereby 
amended by striking out, in the sixth and seventh lines, the 
words "at least ten days" and inserting in place thereof the 
words: — not later than four o'clock in the afternoon of the 
fourteenth day, — and by amending the statement of 
candidate included in said section by inserting after the 
word "Everett" in the second line of said statement the 
words : — , that on April first of the current year I resided 
at (number, if any) on (name of street) in the said city, 
— so as to read as follows: — Section 4- Any person 
who is qualified to vote for a candidate for mayor, alder- 
man, common councilman or member of the school com- 
mittee, and who is a candidate for nomination for any of 
the said offices may have his name, as such candidate 
printed on the official ballots to be used at a city primary 
election: provided, that he shall, not later than four o'clock 
in the afternoon of the fourteenth day prior to such city 
primary election, file with the city clerk a statement in 
writing of his candidacy in substantially the following 
form : — 



Names of can- 
didates to ap- 
pear upon 
primary 
ballot. 



Proviso. 



Acts, 1933. — Chap. 57. 65 

STATEMENT OF CANDIDATE. 

I, ( ), on oath declare that I reside at f^°™jjf4t^f 

(number, if any) on (name of street), in the city of Everett, candidate, 
that on April first of the current year I resided at (number, 
if any) on (name of street) in the said city, that I am a 
voter therein qualified to vote for a candidate for the 
hereinafter mentioned office; that I am a candidate for 
nomination for the office of (mayor, alderman, common 
councilman or member of the school committee) for (state 
the term), to be voted for at the city primary election to be 
held on Tuesday, the day of , 19 > 

and I request that my name be printed as such candidate 
on the official ballots to be used at said city primary election. 

(Signed) 

COMMONWEALTH OF MASSACHUSETTS. 

Middlesex, ss. 

Subscribed and sworn to on this day of 

, 19 , before me. 
(Signed) 

Justice of the Peace. 
(Or Notary Public.) 

Every such candidate shall at the same time file with the Petition to be 
statement the petition of at least twenty-five voters of the ^^^^' 
city qualified to vote for a candidate for the said office. 
The petition shall be in substantially the following form : — 

PETITION ACCOMPANYING STATEMENT OF CANDIDATE. 

Whereas (name of candidate) is a candidate for nomina- Form of 
tion for the office of (mayor, alderman, common councilman p^'''*''°°- 
or member of the school committee) for (state the term), 
we, the undersigned voters of the city of Everett, duly 
qualified to vote for a candidate for the said office, do 
hereby request that the name of said (name of candidate), 
as a candidate for nomination for said office, be printed on 
the oflficial ballots to be used at the city primary election 
to be held on the Tuesday of , 

19 . We further state that we believe him to be of good 
moral character and qualified to perform the duties of the 
office. 



Name of Voter. 



Street number, 
if any. 



Street. 



No acceptance by a candidate for nomination named Acceptance 
in the petition shall be necessary for its validity or for its nece^sMy.""' 
filing, and the petition need not be sworn to. 

Approved March 1, 1933. 



66 



Acts, 1933. — Chap. 58. 



Chap. 58 An Act relative to tax returns or business and manu- 
facturing CORPORATIONS. 



Emergency 
preamble. 



G. L. (Ter. 
Ed.), 63, §35, 
amended. 



Returns of 
domestic 
business 
corporations. 



G. L. (Ter. 
Ed.). 63, §40, 
amended. 
Returns of 
foreign corpo- 
rations. 



G. L. (Ter. 
Ed.), 63, § 30, 
amended. 



Value of cor- 
porate excess in 
certain cases, 
how de- 
termined. 



G. L. (Ter. 
Ed.), 63, §30, 
amended. 



Value of cor- 
porate excess 
in certain 
cases, how 
determined. 



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

Be it enacted, etc., as follows: 

Section 1. Chapter sixty-three of the General Laws, 
as appearing in the Tercentenary Edition thereof, is hereby 
amended by striking out section thirty-five and inserting 
in place thereof the following: — Section 35. Every 
domestic business corporation shall, on or before the tenth 
day of April, make a return sworn to by its treasurer or 
assistant treasurer, or in their absence or incapacity by any 
other principal officer, in such form as the commissioner 
prescribes, giving such information as the commissioner 
requires for the determination of the tax imposed by this 
chapter. 

Section 2. Said chapter sixty-three, as so appearing, 
is hereby further amended by striking out section forty 
and inserting in place thereof the following : — Section Jfi. 
Every foreign corporation shall make returns as provided 
in sections thirty-five and thirty-six; and all provisions 
of said sections shall apply to such corporations. 

Section 3. Section thirty of said chapter sixty-three, 
as so appearing, is hereby amended by striking out, in the 
fifty-first line, the words "when the return called for by 
section thirty-five is due" and inserting in place thereof the 
words : — of the year in which the tax is to be assessed, — 
so that the paragraph contained in lines forty-eight to 
fifty-one, inclusive, will read as follows: — If by reason of 
recent organization, or otherwise, the corporation is not 
required to make to the commissioner a return of net in- 
come for a taxable year, the value of the corporate excess 
shall be determined as of the first day of April of the year 
in which the tax is to be assessed. 

Section 4. Said section thirty, as so appearing, is 
hereby further amended by striking out, in the seventy- 
third and seventy-fourth lines, the words "when the annual 
return called for by section forty is due" and inserting in 
place thereof Ihe words : — of the year in which the tax is 
to be assessed, — so that the paragraph contained in lines 
seventy to seventy-four, inclusive, will read as follows : — 
If by reason of recent organization, or otherwise, the 
corporation is not required to make to the commissioner a 
return of net income for a taxable year, the value of the 
corporate excess employed in this commonwealth shall be 
determined as of the first day of April of the year in which 
the tax is to be assessed. 



Acts, 1933. — Chap. 59. 



67 



Section 5. This act shall take effect as of January Effective date. 
first, nineteen hundred and thirty-three. 

Approved March 2, 1938. 



Chap. 59 



An Act authorizing the governor to proclaim the 
existence of a banking emergency and providing 
for the further protection of depositors in banks 
and the maintenance of the banking structure of 
the commonwealth. 

Whereas, The present financial crisis requires that this Emergency 
act be effective forthwith, therefore it is hereby declared p"""^^'"^'^- 
to be an emergency law, necessary for the immediate 
preservation of the public safety and convenience. 

Be it enacted, etc., as follows. • 



Section 1. Whenever it shall appear to the governor 
that the welfare of the commonwealth or any section or 
territory thereof or the welfare and security of banking 
institutions under the supervision of the commissioner of 
banks, in this act referred to as banks, or their depositors 
so require, he may proclaim that a banking emergency 
exists and that any bank or banks shall be subject to special 
regulation as hereinafter provided until the governor, by 
proclamation, declares the period of such banking emer- 
gency terminated. The governor may likewise declare 
such legal bank holidays as in his judgment such an emer- 
gency may require. 

Section 2. During the period of any banking emer- 
gency so proclaimed, the commissioner of banks, hereinafter 
called the commissioner, in addition to all other powers 
conferred upon him by law, shall have authority to order 
any one or more banks to restrict all or any part of their 
business and to limit or postpone for any length of time the 
payment of any amount or proportion of the deposits in any 
of the departments thereof as he may deem necessary or 
expedient and may further regulate payments therefrom as 
to time and amount, as in his opinion the interest of the 
public or of such bank or banks or the depositors thereof 
may require, and any order or orders made by him here- 
under may be amended, changed, extended or revoked, in 
whole or in part, whenever in his judgment circumstances 
warrant or require. After the termination of any such 
banking emergency, any such order may be continued in 
effect as to any particular bank or banks as aforesaid if in 
the judgment of the commissioner circumstances warrant 
or require and the governor approves. 

Section 3. The commissioner may by order authorize 
banks to receive new deposits, and such new deposits shall 
be special deposits and designated as new deposits, shall 
be segregated from all other deposits and may be invested 
only in assets approved by the commissioner as being 
sufficiently liquid to be available when needed to meet any 



Governor may 
proclaim the 
existence of a 
banking emer- 
gency, etc. 



Authority of 
commissioner 
of banks 
during period 
of banking 
emergency. 



New deposits 
to be segrega- 
ted from other 
deposits, etc. 



68 



Acts, 1933. — Chap. 60. 



G. L. (Ter. 
Ed.), 266, §54, 
not applicable. 



Rules and 
regulations. 



Penalty. 



Commissioner 
to place value 
on assets of 
bank in de- 
termining 
action to be 
taken under 
act, etc. 



Costs and 
expenses. 



Invalidity of 
any provision 
of act not to 
affect other 
provisions, 
etc. 



demands on account of such new deposits, which assets 
shall not be merged with other assets but shall be held in 
trust for the security and payment of such new deposits, 
except that income from such assets may to the extent 
authorized by the commissioner be used by the bank for 
other proper purposes of the institution; and the with- 
drawal of such new deposits shall not be subject in any 
respect to restriction or limitation under this act. The 
provisions of section fifty-four of chapter two hundred 
and sixty-six of the General Laws, as appearing in the 
Tercentenary Edition thereof, shall not apply in respect 
to the receipt of new deposits as aforesaid by any bank 
authorized by order to receive the same. The restrictions 
imposed in relation to new deposits so received by co- 
operative banks shall apply only to those received from the 
sale of shares of a new series, shares of any prior series 
and paid-up shares. 

Section 4. Whenever the commissioner shall make 
any order hereunder, he may adopt such rules and regula- 
tions as he may deem proper for the protection of any bank 
or banks subject thereto or the depositors thereof, and any 
person violating any provision of such a rule or regulation 
shall be punished by a fine of not more than one thousand 
dollars or by imprisonment for not more than one year, or 
both. 

Section 5. In determining action to be taken under 
this act or under section twenty-two of chapter one hun- 
dred and sixty-seven of the General Laws, as appearing in 
the Tercentenary Edition thereof, the commissioner may 
place such fair value on the assets of any bank as in his 
discretion seems proper under the conditions prevailing 
and circumstances relating thereto. 

Section 6. Any costs and expenses incurred by the 
commissioner in the exercise of the powers given under this 
act may be assessed by him against the banks concerned 
and, when so assessed, shall be paid by such banks. 

Section 7. If any provision of this act is held invalid 
by any court of final jurisdiction, no other provisions 
shall be affected by such decision but the same shall remain 
in full effect. The right to amend or repeal any provision 
of this act is hereby reserved by the general court. 

Approved March 6, 1933. 



Chap. 60 ^^ ■^^'^ authorizing the town of concord to use a 
certain loan balance for laying and re-laying 

WATER mains. 

Be it enacted, etc., as follows: 

Town of Section 1. The town of Concord is hereby authorized 

usTrcMt^m to appropriate any balance of the water loan issued in 

loan balance nineteen hundred and thirty-two for laying and re-laying 

wlte^^fins."" water mains of sixteen inches or more in diameter, for the 



Acts, 1933. — Chaps. 61, 62. 



69 



purpose of laying or re-laying water mains of not less than 
six inches in diameter. 

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

Approved March 6, 1933. 



An Act to provide for the election of the auditor of (JJiap. 61 

ACCOUNTS OF THE CITY OF QUINCY BY THE CITY COUNCIL 
OF SAID CITY. 



Be it enacted, etc., as follows: 

Section 1. The auditor of accounts of the city of 
Quincy shall, after the acceptance of this act, be elected 
by the city council of said city to hold office for two years 
and until the qualification of his successor, such action to 
be effective without the approval of the mayor thereof, 
notwithstanding any provisions to the contrary contained 
in section fifty-two of chapter forty-three of the General 
Laws. 

Section 2. An auditor of accounts of said city shall 
be elected as provided in section one as soon as may be after 
the acceptance of this act, and upon the qualification of 
the auditor so elected the term of office of the then incum- 
bent of said office shall cease. 

Section 3. This act shall be submitted for acceptance 
to the registered voters of the city of Quincy at its city 
election in the current year 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 nineteen hundred and thirty-three, en- 
titled 'An Act to provide for the election of the auditor of 
accounts of the city of Quincy by the city council of said 
city', 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 March 7, 1933. 



The auditor of 
accounts of 
city of Quincy 
to be elected 
by city council, 
etc. 



When election 
shall be held, 
etc. 



Submission 
to voters, etc. 



An Act changing the name of nichols inc. to nichols (Jhap. 62 

JUNIOR COLLEGE. 

Be it enacted, etc., as follows: , 

The name of Nichols Inc., a corporation incorporated Name of 
under general law January twenty-fifth, nineteen hundred ^'aS^o*'' 
and thirty-two, is hereby changed to Nichols Junior Col- Nichols Junior 
lege; and said corporation may use the designation of ° ^^^' 
"college" as aforesaid notwithstanding the provisions of 
section eighty-nine of chapter two hundred and sixty-six 
of the General Laws. Approved March 7, 1933. 



70 



Acts, 1933. — Chap. 63. 



G. L. (Ter. 
Ed.), 80, §4, 
amended. 



Collection of 
assessments. 



Chap. 63 An Act relative to the action of assessors and col- 
lectors OF TAXES IN THE COLLECTION OF BETTERMENT 

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

Section 1. Chapter eighty of the General Laws, as 
appearing in the Tercentenary Edition thereof, is hereby 
amended by striking out section four and inserting in 
place thereof the following: — Section 4- Within a rea- 
sonable time after making the assessment the board shall 
certify to the assessors the list of assessments upon land in 
each town who shall forthwith commit such assessments 
with their warrant to the collector of taxes thereof, and 
he shall forthwith send notice in accordance, except as to the 
date of notice, with section three of chapter sixty, to the 
person designated under section one as the owner of each 
parcel assessed, and any demand for the payment of such 
assessment shall be made upon such person. Except as 
otherwise herein provided, the collector shall have the same 
powers and be subject to the same duties with respect to 
such assessments as in the case of the annual taxes upon 
real estate, and the law in regard to the collection of the 
annual taxes, to the sale of land for the non-payment thereof 
and to redemption therefrom shall apply to assessments 
made under this chapter, so far as the same are applicable; 
but the owner of land assessed shall not be personally 
liable for the assessment thereon. Every collector of taxes 
receiving a list and warrant from the assessors shall collect 
the assessment thei-ein set forth, and at such times as the 
assessors shall direct shall pay over to the treasurer of the 
body politic on behalf of which the assessment was made 
the amounts collected by him. 

Section 2. Section thirteen of said chapter eighty, 
as so appearing, is hereby amended by inserting after the 
word "unpaid" in the seventh line the words: — , as 
certified to them by the collector, — so as to read as fol- 
lows: — Section 13. Assessments made under this chapter 
shall bear interest at the rate of six per cent per annum 
from the thirtieth day after the assessments have been 
committed to the collector. The assessors shall add each 
year to the annual tax assessed with respect to each parcel 
of land all assessments, constituting liens thereon, which 
have been committed to the collector prior to April second 
of such year and which have not been apportioned as herein- 
after provided, remaining unpaid, as certified to them by 
the collector, when the valuation list is completed, with 
interest to the date when interest on taxes becomes due and 
payable. At any time before demand for payment by the 
collector and before the completion by the assessors of the 
valuation list for the year in which such assessments will 
first appear on the annual tax bill, the board of assessors 
may, and at the request of the owner of the land assessed 



G. L. (Ter. 
Ed.). 80, § 13. 
amended. 



Apportion- 
ment. 



Acts, 1933. — Chap. 64. 



71 



shall, apportion all assessments made under this chapter 
into such number of equal portions, not exceeding ten, 
as is determined by said board or as is requested by the 
owner, as the case may be, but no one of such portions shall 
be less than five dollars. The assessors shall add one of 
said portions, with interest on the amount remaining 
unpaid from thirty days after the commitment of the 
original assessment to the collector to the date when interest 
on taxes becomes due and payable, to the first annual tax 
upon the land and shall add to the annual tax for each year 
thereafter one of said portions and one year's interest on the 
amount of the assessment remaining unpaid until all such 
portions shall have been so added; all assessments and 
apportioned parts thereof, and interest thereon as herein 
provided, which have been added to the annual tax on any 
parcel of land shall be included in the annual tax bill thereon. 
After an assessment or a portion thereof has been placed on 
the annual tax bill, the total amount of said bill shall be 
subject to interest under and in accordance with the 
provisions of section fifty-seven of chapter fifty-nine. 
The amount remaining unpaid of any assessment may be 
paid in full at any time notwithstanding a prior appor- 
tionment. Approved March 7, 1933. 



An Act relative to the maintenance of proper toilet 
facilities in industrial establishments. 

Be it enacted, etc., as follows: 

Section one hundred and thirty-five of chapter one 
hundred and forty-nine of the General Laws, as appearing 
in the Tercentenary Edition thereof, is hereby amended by 
striking out, in the third and fourth lines, the words "for 
four weeks after the receipt of a written notice from an 
inspector" and inserting in place thereof the words: — 
after receiving notice from the department, — so as to read 
as follows: — Section 135. A criminal prosecution shall 
not be begun against a person for a violation of any provi- 
sion of the two preceding sections unless he has, after 
receiving notice from the department of the changes 
necessary to comply with said sections, neglected to make 
such changes. A notice shall be sufficient under this sec- 
tion if given to one member of a firm, or to the clerk, 
cashier, secretary, agent or any other officer having charge 
of the business of a corporation, or to its attorney, or, in 
case of a foreign corporation, to the officer having charge 
of such factory or workshop; and such officer shall be 
personally liable for the amount of any fine if a judgment 
against the corporation is unsatisfied. 

Approved March 7, 1933. 



Chap. 64 



G. L, (Ter. 
Ed.), 149, 
§ 135, 
amended. 



Prosecutions 
for violation 
of two pre- 
ceding sections 
relative to 
toilet facilities 
in industrial 
establishments. 



72 



Acts, 1933. — Chap. 65. 



Chap. 65 An Act relative to the support and regulation of 

THE BUSINESS OF INSURANCE COMPANIES DURING THE 
PRESENT EMERGENCY. 



Emergency 
preamble. 



Authority of 
commissioner of 
insurance as 
to regulation 
of business of 
insurance 
companies 
during period 
of banking 
emergency. 



Scope of word 
"insurer" or 
"insurers". 



Whereas, The present abnormal disruption in the 
economic and financial processes in the commonwealth 
and elsewhere requires that this act be effective forthwith, 
therefore it is hereby declared to be an emergency law, 
necessary for the immediate preservation of the public 
safety and convenience. 

Be it enacted, etc., as follows: 

Section 1. During the period of the banking emer- 
gency proclaimed by the governor on March sixth of the 
current year under section one of chapter fifty-nine of the 
acts of said year and during any further period for which 
it may be extended as hereinafter authorized with respect 
to insurers, and until such period or such period as extended 
as aforesaid is terminated under said section one or is 
terminated as hereinafter authorized with respect to in- 
surers, the commissioner of insurance, hereinafter called 
the commissioner, in addition to all other powers conferred 
upon him by law, shall have authority to suspend, in whole 
or in part, the operation of any provision of the laws of the 
commonwealth relative to insurance, to order any one or 
more insurers to restrict all or any part of their business, 
to limit or postpone for any length of time the payment of 
any amounts payable under the terms of any of their 
policies of insurance or annuity or pure endowment con- 
tracts, and to make, rescind, alter and amend such rules 
and regulations governing the conduct of the business of 
any insurers as he may deem necessary or expedient to 
maintain sound methods of insurance and to safeguard the 
interests of holders of such policies and contracts or of 
beneficiaries thereunder and the interest of the public. He 
may issue such orders as he may find necessary or ex- 
pedient to enforce such rules or regulations. He may 
at any time amend, extend or revoke, in whole or in part, 
any order made hereunder when in his judgment circum- 
stances warrant or require. Authority is hereby given to 
the governor, by proclamation, to extend or terminate for 
the purposes of this act only, the banking emergency pro- 
claimed under said section one, but without limiting or 
abridging any authority granted thereunder. After the 
termination of any such emergency or of its extension as 
aforesaid, any such rule, regulation or order may be con- 
tinued in effect with respect to any particular insurer or 
insurers, if in the judgment of the commissioner circum- 
stances warrant or require and the governor approves. The 
word "insurer" or "insurers", as used in this act, shall include 
all corporations, associations and societies to any extent 
subject to the supervision or control of the commissioner. 



Acts, 1933. — Chap. 66. 



73 



Section 2. Any violation of any order issued under Penalty. 
this act, or of any provision of any rule or regulation made 
by the commissioner pursuant thereto, shall be punished 
by a fine of not more than one thousand dollars or by 
imprisonment for not more than one year, or both. 

Section 3. If any provision of this act is held invalid invalidity of 
by any court of final jurisdiction, no other provision shall orL^'^nono'^ 
be affected by such decision, but the same shall remain in pfo^igioM®'" 



full effect. 



Approved March 9, 1933. 



An Act relative to the dissolution of business (Jfi^p QQ 

CORPORATIONS IN CERTAIN CASES. 

Whereas, The deferred operation of this act would tend Emergency 
to defeat its purpose, therefore it is hereby declared to be P'"eambie. 
an emergency law, necessary for the immediate preserva- 
tion of the public convenience. 

Be it enacted, etc., as follows: 

Section fifty of chapter one hundred and fifty-five of g. l. (Ter. 
the General Laws, as appearing in the Tercentenary f 50; Amended. 
Edition thereof, is hereby amended by inserting after the 
word "corporation" in the thirteenth line the words: — , 
or if the votes of its stockholders are equally divided in the 
election of directors, — so as to read as follows : — Section Dissolution of 
50. A corporation which desires to close its affairs may, '"""p"'"'* '°°^- 
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 
supreme judicial or superior court setting forth in substance 
the grounds of the application, 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 board of directors and of its 
stockholders are equally divided on a question affecting 
the general management of the affairs of the corporation, 
or if the votes of its stockholders are equally divided in 
the election of directors, and there appears to be no way 
of reaching an agreement and breaking such deadlock; 
and the court, after notice to parties interested and a hear- 
ing, may decree a dissolution of the corporation. A cor- 
poration so dissolved shall be held to be extinct in all 
respects as if its corporate existence had expired by the 
limitation of its charter. Approved March 9, 1933. 



74 



Acts, 1933. — Chap. 67. 



Chap. 67 An Act relative to the sale of commercial fertilizers. 
Be it enacted, etc., as follows: 

Section 1. Section one of chapter ninety-four of the 
General Laws, as appearing in the Tercentenary Edition 
thereof, is hereby amended by striking out the first para- 
graph and inserting in place thereof the following: — The 
following words as used in this section and the other sec- 
tions of this chapter to which their definition is hereinafter 
respectively limited, unless the context otherwise requires, 
shall have the following meanings : 

Section 2. Said section one of said chapter ninety- 
four, as so appearing, is hereby further amended by striking 
out the paragraphs defining "Agricultural lime"; "Avail- 
able Phosphoric acid" ; "Brand' ' ; " Commercial fertilizer' ' ; 
"Copy" and "Fertilizer"; and inserting in their respective 
places the following new definitions : — 

"Agricultural lime", in sections two hundred and fifty 
to two hundred and sixty-one, inclusive, includes all the 
various forms of lime intended or sold for fertilizing pur- 
poses or for neutralizing soil acidity. 

"Available phosphoric acid", in sections two hundred 
and fifty to two hundred and fifty-four, inclusive, and two 
hundred and fifty-six to two hundred and sixty-one, in- 
clusive, the sum of the water-soluble and citrate-soluble 
phosphoric acid. 

"Brand", in sections two hundred and twenty-five 
to two hundred and thirty-five, inclusive, and two hundred 
and fifty to two hundred and sixty-one, inclusive, any 
commercial feeding stuff or cattle feed, and any commercial 
fertilizer, respectively, distinctive by reason of name, 
trade mark or guaranteed analysis, or by any method of 
marking. 

"Commercial fertilizer", in sections two hundred and 
fifty to two hundred and sixty-one, inclusive, dried or 
partly dried manure, pulverized or ground, and each 
natural or artificial manure containing nitrogen, phosphoric 
acid, potash, calcium oxide or magnesium oxide, except the 
excrements and litter from domestic animals when sold 
in its natural state. 

"Copy", in sections two hundred and twenty-five to 
two hundred and thirty-five, inclusive, and sections two 
hundred and fifty to two hundred and sixty-one, inclusive, 
any certified copy. 

"Fertilizer", in sections two hundred and fifty to two 
hundred and sixty-one, inclusive, commercial fertilizer. 

Section 3. Said section one of said chapter ninety- 
four, as so appearing, is hereby further amended by in- 
serting after the paragraph defining "Fertilizer" the fol- 
lowing new paragraph : — 

"Fertilizer grade", in sections two hundred and fifty 
to two hundred and sixty-one, inclusive, shall apply only 



G. L. (Ter. 
Ed.), 94, § 1, 
first par. 
amended. 

Definitions. 



G. L. (Ter. 
Ed.), 94, § 1, 
certain defi- 
nitions 
amended. 



"Agricultural 
lime". 



"Available 
phosphoric 
acid". 



"Brand". 



"Commercial 
fertilizer". 



"Copy". 



"Fertilizer". 



G. L. (Ter. 
Ed.), 94, § 1, 
new par. 
added. 



"Fertilizer 
grade". 



Acts, 1933. — Chap. 67. 75 

to fertilizer mixtures and shall represent only the minimum 
guarantee of its plant food expressed in round numbers 
and in the following order: — nitrogen, available phos- 
phoric acid and water-soluble potash. 

Section 4. Said section one of said chapter ninety- g, l. (Ter. 
four, as so appearing, is hereby further amended by insert- ^^^^-^J^] ^ ^• 
ing after the paragraph defining "Food" the following added. 
new paragraph : — 

"Gypsum or land plaster", in sections two hundred "Gypsum or 
and fifty to two hundred and sixty-one, inclusive, crude ^^ paster . 
calcium sulphate and may contain twenty per cent of 
combined water. 

Section 5. Said section one of said chapter ninety- g. l. (Ter. 
four, as so appearing, is hereby further amended by striking two parkgraph 
out the paragraph defining "Lime" and the paragraph stricken out. 
defining "Magnesia". 

Section 6. Said chapter ninety-four, as so appear- g. l. (Ter. 
ing, is hereby further amended by striking out section f256,^*' 
two hundred and fifty and inserting in place thereof the amended, 
following : — • Section 250. No commercial fertihzer shall ^^grcraVfertU- 
be sold or offered or exposed for sale without a plainly izers regu- 
printed label accompanying it, displayed in the manner lorm and'''^^^' 
hereinafter set forth, and truly stating the following contents. 
particulars : 

1. The number of pounds of the fertilizer sold or offered 
or exposed for sale. 

2. The name, brand or trade mark, and, in the case of 
fertilizer mixtures, the fertilizer grade under which the 
fertilizer is sold, and, in the case of agricultural lime, its 
particular form. 

3. The name and principal address of the manufacturer, 
importer or other person putting the fertilizer on the market 
in the commonwealth. 

4. The minimum percentage of each of the following 
constituents which the fertihzer contains and which, in 
the case of fertilizer mixtures, shall be expressed in round 
numbers and in the following order: (a) nitrogen, (6) 
available phosphoric acid, (c) potash soluble in distilled 
water; except that when undissolved bone, untreated 
phosphate rock, tankage, pulverized natural manures, the 
ground seeds of plants, or wood ashes are sold unmixed 
with other substances, the minimum percentage of total 
phosphoric acid therein may be stated in place of the 
percentage of available phosphoric acid; and except that 
in the case of agricultural hme the label shall truly state the 
following: (a) minimum and maximum percentage of total 
calcium oxide, (6) minimum and maximum percentage of 
total magnesium oxide, (c) minimum percentage of cal- 
cium oxide and magnesium oxide combined as carbonates, 
{d) and, in the case of gypsum or land plaster, the minimum 
percentage of calcium oxide and of calcium sulphate. 

5. If any part of the nitrogen contained in the fertilizer 
is derived from pulverized leather, hair, wool waste, peat. 



76 



Acts, 1933. — Chap. 67. 



G. L. (Ter. 
Ed.), 94, 
§252, 
amended. 

Certain pro- 
visiong of label 
recognized as 
guaranteed 
analysis. 



G. L. (Ter. 
Ed.), 94, 
5 254, 
amended. 



Sale of com- 
mercial fertil- 
izers regulated. 
Fees, etc. 



G. L. (Ter. 
Ed.), 94, 
5 255, 
amended. 



garbage tankage, or from any inert material whatsoever, 
unless processed so that its nitrogen shall show a satis- 
factory activity by the methods of the Association of 
Official Agricultural Chemists of North America, the label 
shall truly state the specific materials from which such 
part of the nitrogen is derived. 

Section 7. Section two hundred and fifty-two of 
said chapter ninety-four, as so appearing, is hereby amended 
by striking out all after the word "fertilizer" in the fourth 
line, — so as to read as follows: — Section 252. The 
provisions of the printed label required under the two 
preceding sections relating to the constituents contained in 
any fertilizer shall be known and recognized as the guaran- 
teed analysis of such fertilizer. 

Section 8. Section two hundred and fifty-four of 
said chapter ninety-four, as so appearing, is hereby amended 
by inserting after the word "fertilizer" in the ninth line 
the words : — , eight dollars for magnesium oxide when 
guaranteed in any such brand of fertilizer, — and by in- 
serting after the word "lime" in said ninth line the words: — 
and gypsum, — so as to read as follows: — Section 254- 
No person shall sell or offer or expose for sale any com- 
mercial fertilizer until he has filed with the director a copy 
certified by him to be a true copy of the label required by 
section two hundred and fifty, excepting as to the item as 
to the number of pounds, for each brand of fertilizer to 
be sold, offered or exposed for sale and has paid to the 
said director an analysis fee for each brand aforesaid 
as follows: eight dollars for nitrogen, eight dollars for 
phosphoric acid, eight dollars for potash, contained or 
stated to be contained in any such brand of fertilizer, eight 
dollars for magnesium oxide when guaranteed in any such 
brand of fertilizer, and twelve dollars for each brand of 
agricultural lime and gypsum except gas house lime; nor 
unless he holds a valid and uncancelled certificate issued 
under section two hundred and fifty-six. Any person 
desiring in any year to sell or to offer or expose for sale 
any brand of commercial fertifizer in respect of which the 
requirements of this section as to the filing of a copy of 
the label thereof and the payment of the analysis fee therefor 
have not been complied with before January first of said 
year, may offer or expose for sale and sell the said brand 
upon filing a certified copy of the label thereof and paying 
the full analysis fee therefor. No person shall be obliged 
to file a copy of the label of, or to pay an analysis fee for, 
any brand of fertilizer for which a certified copy of the label 
has been filed and the analysis fee paid by the manu- 
facturer or importer of such brand. 

No person shall file with the director a false copy of the 
label of any fertilizer or brand of fertilizer. 

Section 9. Section two hundred and fifty-five of said 
chapter ninety-four, as so appearing, is hereby amended 
by inserting after the word "lime" in the twelfth line the 



Acts, 1933. — Chap. 67. 



77 



words: — and gypsum, — so as to read as follows: — 
Section 255. In addition to the requirements of the pre- 
ceding section, each person who sells or offers or exposes for 
sale any commercial fertilizer shall, on or before January 
first and July first in each year, file with the director a 
sworn statement in such form as he prescribes setting forth 
the number of net tons of fertilizer sold by him in the 
commonwealth during the preceding six months, stating 
in each case the number of tons of each brand sold, to- 
gether with a permit allowing the director or his authorized 
deputy to examine the books of the person filing the state- 
ment, for the purpose of verifying the same, and shall there- 
upon pay to the director a fee of six cents a ton of two 
thousand pounds for the fertilizers so sold; except that 
no such statement, permit or fee shall be required in respect 
of agricultural lime and gypsum. The director or his 
authorized deputy may cancel the certificate for any brand 
of fertilizer in respect to which the requirements of this 
section have not been complied with. Whoever sells, 
offers or exposes for sale a fertilizer or brand of fertilizer 
without having filed the statement and permit and paid 
the fee required by this section shall be punished by a fine 
of not more than five hundred dollars. But no person shall 
be obliged to file a statement or permit, or to pay the fee 
required by this section, for any brand of fertilizer for which 
the statement and permit have been filed and for which 
the fee has been paid by the manufacturer or importer 
of such brand. 

Section 10. Said chapter ninety-four, as so appearing, 
is hereby further amended by striking out section two 
hundred and fifty-six and inserting in place thereof the 
following: — Section 256. When the certified copy of the 
label of any brand of fertihzer has been filed, and the 
proper fees have been paid, the director shall issue a certifi- 
cate to that effect; and the certificate shall authorize the 
sale, in compliance with sections two hundred and fifty 
to two hundred and sixty-one, inclusive, of the brand of 
fertihzer for which the certificate is issued, up to and 
including December thirty-first of the year for which it is 
issued. The said director or his authorized deputy may 
refuse to issue a certificate for any fertilizer or brand of 
fertilizer which does not contain at least one half of one 
per cent of nitrogen, or one half of one per cent of potash 
soluble in distilled water, or one per cent of phosphoric 
acid, or five per cent of calcium oxide, or five per cent of 
magnesium oxide, or which contains its potash, phosphoric 
acid, calcium or magnesium oxides in forms substantially 
insoluble by the methods of analysis for commercial fertili- 
zers and agricultural lime products prescribed by the Asso- 
ciation of Official Agricultural Chemists of North America, 
or which does not possess substantial properties as a ferti- 
lizer. The director or his authorized deputy may also 
refuse to issue a certificate for any fertilizer under a name, 



Same subject. 
Statement, 
permit, fee. 



G. L. (Ter. 
Ed.), 94, 
§256, 
amended. 

Certificate of 
filing of label 
etc. 
Issue, etc. 



78 



Acts, 1933. — Chap. 67. 



Cancellation. 



Penalty for 
sale, etc., if 
certificate not 
issued, etc. 



G. L. (Ter. 
Ed.), 94, §257, 
amended. 



Annual 



Publication 
of reports, 
etc. 



Free analysis. 



brand or trade mark which is untrue in any particular, or 
which, in his opinion, would be misleading or deceptive in 
any particular, or would tend to mislead or deceive as to 
the constituents or properties of said fertilizer, and may 
refuse to issue more than one certificate for any fertilizer 
under the same name or brand, or to issue a certificate for 
any fertilizer under a name or brand to the use of which the 
person seeking it is not lawfully entitled. If a certifi- 
cate is issued for any fertilizer and it is afterward dis- 
covered that the certificate itself, or the granting of it, 
or the manner of procuring it, was in any respect in viola- 
tion of any provision of sections two hundred and fifty to 
two hundred and sixty-one, inclusive, the director or his 
authorized deputy may cancel the certificate. Whoever 
sells, offers or exposes for sale any fertilizer or brand of 
fertilizer for which no certificate has been issued by the 
director or his authorized deputy, or the certificate for 
which has been cancelled, shall be punished by a fine of 
not more than two hundred dollars. 

Section 11. Said chapter ninety-four, as so appearing, 
is hereby further amended by striking out section two 
hundred and fifty-seven and inserting in place thereof the 
following : — Section 257. Each commercial fertilizer and 
brand of commercial fertilizer sold or offered or exposed for 
sale shall be subject to analysis by the director or by his 
duly designated deputy. The said director shall make or 
cause to be made in each year one or more analyses of each 
fertilizer and brand of fertilizer sold or offered or exposed 
for sale in the commonwealth, and shall collect the annual 
analysis fee provided for by section two hundred and fifty- 
four; and he, his inspectors and deputies, may enter upon 
any premises where any commercial fertilizer is sold or 
offered or exposed for sale to ascertain if sections two 
hundred and fifty to two hundred and sixty-one, inclu- 
sive, are compHed with, and to take samples for analysis. 
The analysis of all fertilizers shall be made by the methods 
adopted by the Association of Official Agricultural Chemists 
of North America. The said director may publish or 
cause to be published in reports, bulletins, special circulars 
or otherwise, the results obtained by said analyses. Said 
publications shall also contain such additional information 
in relation to the character, composition, value and use 
of the fertilizers analyzed as the director sees fit to include. 
He may make or cause to be made for any person a free 
analysis of any commercial fertilizer or brand of commercial 
fertilizer sold or offered or exposed for sale in the common- 
wealth, but he shall not be obliged to make such free 
analysis, or to cause the same to be made, unless the samples 
therefor are taken and submitted in accordance with the 
rules and regulations which he prescribes. The results of 
any analysis made in accordance with the aforesaid sec- 
tions, except a free analysis as aforesaid, shall be sent by the 
director to the person named in the printed label of the 



Acts, 1933. — Chaps. 68, 69. 79 

fertilizer analyzed at least fifteen days before any publica- 
tion of such results. 

Section 12. Said chapter ninety-four, as so appearing, g.l. (Ter. 
is hereby further amended by striking out section two § 258, ' 
hundred and fifty-eight and inserting in place thereof the amended. 
following: — Section 258. Each sample of commercial Taking of 
fertilizer taken for analysis shall be of not less than sub- aaTiysls °^ 
stantially two pounds in weight, and each sample shall be regulated, 
taken, whenever the circumstances conveniently permit, 
in the presence of the person selling or offering or exposing 
for sale the fertilizer sampled, or of a representative of 
such person. Broken packages shall not be sampled, 
and all samples shall be taken by means of a sampling 
tube so designed as to remove a core extending from the 
top to the bottom of the package, from substantially ten 
per cent of the fertilizer to be sampled, except that if 
fertilizer is sold or offered or exposed for sale in bulk ten 
single samples shall be taken from as many different por- 
tions of the lot. An unbroken package of fertilizer, not 
exceeding twenty-five pounds, may, upon tendering the 
market price, be taken for the purpose of analysis and the 
contents thereof shall constitute a suitable and legal 
sample for said purpose. All samples taken shall be 
thoroughly mixed and divided into two nearly equal 
samples, placed in suitable vessels, and marked and sealed. 
Both shall be retained by the director, but one shall be held 
intact by him for one year at the disposal of the person 
named in the label of the fertilizer sampled. 

Approved March IS, 1933. 

An Act relative to the charges of certain hospitals r*/,^^ ao 

FOR treating injured EMPLOYEES UNDER THE WORK- ^' 

men's COMPENSATION LAW. 

Be it enacted, etc., as follow s: 

Section thirteen of chapter one hundred and fifty-two g. l. (Ter. 
of the General Laws, as appearing in the Tercentenary ^^ended^.' * ^^' 
Edition thereof, is hereby amended by adding at the end 
thereof the following new sentence : — Any hospital charges of 
referred to in section seventy of chapter one hundred and hos'i^uis for 
eleven shall be precluded from recovering in any form of ^''^g^'g^''^' 
action any charges for services under this chapter in excess pioyees under 
of the amount approved by the department. romp™Mation 

Approved March IS, 1933. law. 

An Act providing for the admission in evidence of a nhnry 69 
certificate of the registrar of motor vehicles in ^' 

certain cases. 

Be it enacted, etc., as follows: 

Section twenty-three of chapter ninety of the General g. l. (Ter. 
Laws, as appearing in the Tercentenary Edition thereof, is ^^g^^^^j ^ ^^' 
hereby amended by adding at the end thereof the following 
new paragraph : — 



80 



Acts, 1933. — Chap. 70. 



Admission in 
evidence of 
a certificate of 
the registrar of 
motor vehicles 
in certain 
cases. 



A certificate of the registrar or his authorized agent that 
a hcense or right to operate motor vehicles or a certificate 
of registration of a motor vehicle has not been restored or 
that the registrar has not issued a new license so to operate 
to the defendant or a new certificate of registration for a 
motor vehicle the registration whereof has been revoked, 
shall be admissible as evidence in any court of the common- 
wealth to prove the facts certified to therein, in any prosecu- 
tion hereunder wherein such facts are material. 

Approved March 13, 1933. 



Chap. 



G. L. (Ter. 
Ed.), 41, new 
section after 
§ 19. 

Filing with 
state secretary 
of certificates 
of appointment 
or election of 
clerks and as- 
sistant or tem- 
porary clerks 
of cities or 
towns. 



Certification. 



Filing of 
certificates as 
to present in- 
cumbents of 
office of city 
or town clerk, 
etc. 



70 An Act kequiring the filing with the state secretary 
of certificates of appointment or election of 
clerks and assistant or temporary clerks of cities 
or towns and granting authority to said secretary 
to authenticate attestations of any such officer. 

Be it enacted, etc., as follows: 

Section 1. Chapter forty-one of the General Laws, 
as appearing in the Tercentenary Edition thereof, is hereby 
amended by inserting after section nineteen the following 
new section: — Section 19 A. Upon the appointment or 
election of a clerk or an assistant or temporary clerk of a 
city or town, the officer making the appointment, otherwise 
the president of the city council of such city or the chair- 
man of the board of selectmen of such town shall execute 
and file with the state secretary a certificate of such ap- 
pointment or election, which shall specify the date thereof 
and the date of the expiration of the term of office, if any, 
otherwise that the tenure of office is unlimited, and which 
shall have appended thereto a statement signed by the 
person appointed or elected that he has entered upon the 
duties of such office. Upon presentation to the state 
secretary of a paper attested by any person as the holder 
of any such office, said secretary shall have authority to 
certify that such person is the holder thereof and attest to 
the genuineness of his signature. 

Section 2. As soon as may be after this act takes 
effect, like certificates in respect to the then incumbent 
of the office of city or town clerk and of the office of as- 
sistant city or town clerk shall be executed by the president 
of the city council or by the chairman of the board of 
selectmen and filed with the state secretary. 

Approved March 13, 1933. 



Acts, 1933. — Chap. 71. 



81 



An Act relative to the connection by the town of 
saugus of the main sewer or force main carrying 
the sewage of said town with the sewerage or sew- 
age disposal system of the city of lynn. 

Be it enacted, etc., as follows: 

Section 1. Chapter two hundred and fifty-nine of 
the acts of nineteen hundred and twenty-nine is hereby 
amended by striking out section one and inserting in place 
thereof the following : — Section 1 . The town of Saugus 
may connect its main sewer or force main with the west 
side intercepting sewer of the city of Lynn or with the 
sewage pumping station or the outfall sewer of said city; 
provided, that an agreement to this effect shall be made by 
said city and town acting through the board or officer 
having charge of the sewers in said city and the board of 
selectmen in said town or the board or officer having charge 
of sewers in said town in case the construction and opera- 
tion of sewers in said town shall, subsequent to the effective 
date of this act, be delegated to such board or officer and 
approved by the mayor and city council of said city and by 
said town. The agreement shall state the terms and 
conditions upon which the said connection is to be made 
and shall be recorded by the city clerk in said city and the 
town clerk in said town in the records of their respective 
municipahties. The agreement shall provide for the 
payment by said town to said city of a stated sum at the 
time when the connection is made and also for a yearly 
payment toward the maintenance and/or operation of said 
pumping station and/or outfall works beginning in the year 
in which the connection is made. In case the main sewer 
or force main of said town should be connected with the 
west side intercepting sewer of said city, said town shall 
pay in addition a yearly rental for the use of said sewer 
beginning in the year in which the connection is made 
upon such terms as may be mutually agreed upon. Such 
payment by said town toward the maintenance and/or 
operation of the pumping station and/or outfall works of 
said city for the disposal of sewage of said town may be 
based upon the relative quantity of sewage contributed to 
said pumping station and/or outfall works by each munici- 
pality. The agreement shall also state the terms, condi- 
tions and regulations in accordance with which the sewage 
of said town may be discharged into the sewerage system 
of said city. 

Section 2. Said chapter two hundred and fifty-nine 
is hereby amended by inserting after section one the fol- 
lowing new section: — Section lA. The city of Lynn shall 
set aside in a separate account the aforesaid stated sum 
paid by the town of Saugus as an entrance fee for the 
privilege of discharging the sewage of said town into the 
sewerage system of said city, and both the original sum 



Chap. 71 



1929, 259, § 1, 
amended. 



Town of 
Saugus may 
connect its 
main sewer or 
force main with 
west side inter- 
cepting sewer 
of city of 
Lynn, etc. 



Proviso. 



Terms and 
conditions of 
agreement, 
etc. 



1929, 259, 
new section 
after § 1. 
Disposition of 
sum paid by 
town of 
Saugus, etc. 



82 



Acts, 1933. — Chaps. 72, 73, 74. 



and the interest thereon shall be used solely for interest 
and principal payments on bonds already issued by said 
city for construction of its sewage pumping station and 
outfall works. Approved March 13, 1933. 



Chap. 72 An Act relative to the trustees of the leander m. 

HASKINS HOSPITAL IN THE TOWN OF ROCKPORT. 

Be it enacted, etc., as follows: 

Section 1. Chapter two hundred and seventy-six 
of the acts of nineteen hundred and twenty is hereby 
amended by striking out section two and inserting in place 
thereof the following: — Section 2. The board of selectmen 
and the board of park commissioners of the town for the 
time being shall be trustees to manage said hospital, to- 
gether with three other persons elected by said boards in 
joint convention for terms of three years. On the initial 
election of the said additional trustees, one shall be elected 
to serve for the term of one year, one for two years and 
one for three years and thereafter as their terms of office 
expire their successors shall be elected as above provided. 
If any vacancy occurs in the office of an elected trustee 
his successor shall be elected for the unexpired term. 
Upon the effective date of this act, the board of trustees 
as at present existing shall be abolished. 

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

Approved March 14, 1933. 



1920, 276, § 2, 
amended. 



Trustees of the 
Leander M. 
Raskins 
Hospital in 
town of Rock- 
port, election, 
terms, etc. 



Chap. 73 An Act abolishing the Massachusetts industrial and 
development commission in the department of 
labor and industries. 

Be it enacted, etc., as follows: 

Repeals. Scctiou nine A of chapter twenty-three of the General 

Laws, as amended by chapter ninety-nine of the acts of 
nineteen hundred and thirty-two, section nine B of said 
chapter twenty-three, as appearing in the Tercentenary 
Edition of the General Laws, and section nine C of said 
chapter twenty-three, as amended by chapter one hundred 
and eighty-seven of the acts of nineteen hundred and 
thirty-two, are hereby repealed. 

Approved March 14, 1933. 



Chap. 74 An Act to abolish the division of ornithology in the 

department of agriculture. 

Be it enacted, etc., as follows: 

Section 1. Section four of chapter twenty of the 
General Laws, as appearing in the Tercentenary Edition 
thereof, is hereby amended by striking out, in the third 
line, the words ", a division of ornithology", — so as to read 
Department of as follows : — Scction 4- The commissiouer shall organize 
organization, the department in divisions, including a division of dairying 



G. L. (Ter. 
Ed.), 20, §4, 
amended. 



Acts, 1933. — Chap. 75. 



83 



and animal husbandry, a division of plant pest control, directors and 
a division of markets, a division of reclamation, soil survey pioyee^s™ 
and fairs, and such other divisions as he may from time to 
time determine, and shall assign to said divisions their 
functions. The commissioner may appoint and remove 
a director of each division to have charge of the work of 
the division. The compensation of directors shall be 
fixed by the commissioner, with the approval of the gover- 
nor and council. The commissioner may also appoint an 
inspector of apiaries and such other inspectors, investiga- 
tors, scientific experts, clerks and other officers and as- 
sistants as the work of the department may require, and 
may assign them to divisions, transfer and remove them. 

Section 2. Section thirty-nine of chapter one hundred Repeal. 
and twenty-eight of the General Laws, as so appearing, is 
hereby repealed. Approved March I4, 1933. 



An Act providing that the holder of the office of 
director of the division of forestry of the depart- 
ment of conservation be the director of the division 
of parks in said department. 

Be it enacted, etc., as follows: 

Section 1. Chapter twenty-one of the General Laws, 
as appearing in the Tercentenary Edition thereof, is 
hereby amended by striking out section three and insert- 
ing in place thereof the following : — Section 3. The com- 
missioner shall be the executive and administrative head of 
the department. He shall be designated by the governor 
as the director of the division of forestry, of fisheries and 
game or of animal industry, but shall receive no salary as 
such director. He shall supervise the work of all the divi- 
sions, and shall have charge of the administration and en- 
forcement of all laws which it is the duty of the depart- 
ment to administer and enforce, and shall direct all inspec- 
tions and investigations. 

Section 2. Said chapter twenty-one, as so appearing, 
is hereby amended by striking out section eleven and in- 
serting in place thereof the following: — >Sedtori 11. The 
director of the division of forestry shall be ex officio the 
director of the division of parks, but shall receive no addi- 
tional compensation for performing the functions of the 
latter office. Except as otherwise provided, the director 
of the division of parks shall act for the commonwealth in 
the care and management of parks and reservations owned 
by the commonwealth outside of the metropolitan parks 
district for purposes of recreation or conservation, and shall 
perform such other similar duties as may be imposed upon 
him by the commissioner in case the offices of commissioner 
and director are held by different persons. 

Section 3. Said chapter twenty-one, as so appearing, 
is hereby further amended by striking out section twelve 



Chap. 75 



G. L. (Ter. 
Ed.), 21, §3, 
amended. 



Duties of com- 
missioner of 
conservation. 



G. L. (Ter. 
Ed.), 21, § 11, 
amended. 
Director of 
division of 
forestry to be 
director of 
division of 
parks. 

Duties. 



G. L. (Ter. 
Ed.), 21, § 12, 
amended. 



84 



Acts, 1933. — Chap. 76. 



Experts, cleri- 
cal assistants, 
etc. 



Traveling 
expenses. 



G. L. (Ter. 
Ed.), 132A, 
§ 9, amended. 



Annual report. 



and inserting in place thereof the following: — Section 12. 
The director of the division of parks may appoint and re- 
move such experts and clerical and other assistants as the 
work of said division may require, subject to the approval 
of the commissioner in case said offices of commissioner 
and director are held by different persons. The said 
director shall be allowed necessary traveling expenses for 
himself and his employees incurred in the discharge of the 
functions of said division. 

Section 4. Section nine of chapter one hundred and 
thirty-two A of the General Laws, as appearing in the 
Tercentenary Edition thereof, is hereby amended by strik- 
ing out, in the second line, the word "director" and insert- 
ing in place thereof the word : — division, — so as to read 
as follows: — Section 9. The commissioner shall make an 
annual report of the acts of the division. • 

Approved March 14, 1933. 



Chap. 76 



Division of 
smoke in- 
spection 
abolished. 

Functions as 
to smoke in- 
spection to be 
performed by 
commission of 
department of 
public utilities. 



G. L. (Ter. 
Ed.), 25, new 
section after 
§9. 

Smoke in- 
spector, 
deputy in- 
spectors, as- 
sistants, etc. 



G. L. (Ter. 
Ed.), 25, § 10, 
amended. 

Commission 
to have control 
over officers 
and employees. 



An Act abolishing the division of smoke inspection in 

THE department OF PUBLIC UTILITIES AND RELATIVE TO 
THE ABATEMENT OF SMOKE IN THE CITY OF BOSTON AND 
VICINITY. 

Be it enacted, etc., as follows: 

Section 1. Sections twelve C to twelve F, inclusive, 
of chapter twenty-five of the General Laws, as appearing 
in the Tercentenary Edition thereof, are hereby repealed, 
but, notwithstanding such repeal, all functions relative to 
smoke abatement, vested in the commission of the de- 
partment of public utilities prior to the effective date of 
such repeal, whether or not delegated to the division of 
smoke inspection, shall be performed by said commission, 
but nothing in this section shall affect the abolition by 
section five of this act of the functions imposed by chapter 
four hundred and twelve of the acts of nineteen hundred 
and thirty upon said division. 

Section 2. Said chapter twenty-five, as so appearing, 
is hereby further amended by inserting after section nine 
the following new section: — Section 9 A. For the per- 
formance of the department's duties relative to the ad- 
ministration and enforcement of chapter six hundred and 
fifty-one of the acts of nineteen hundred and ten, and acts 
in amendment thereof or in addition thereto, which have 
been vested in the commission by said chapter and acts, 
the commission may appoint a smoke inspector, and may 
employ such deputy inspectors, assistants and other em- 
ployees as are required therefor. 

Section 3. Section ten of said chapter twenty-five, 
as so appearing, is hereby amended by striking out, in the 
second line, the word "three" and inserting in place thereof 
the word: — four, — so as to read as follows: — Section 
10. The commission may assign to all officers and em- 
ployees appointed or employed under the four preceding 



Acts, 1933. — Chap. 77. 



85 



sections such duties as it shall from time to time deem 
advisable, but all acts of such officers and employees shall 
be done under the supervision and control of, and subject 
to revision by, the commission. 

Section 4. Said chapter twenty-five, as so appearing, 
is hereby further amended by inserting after section ten the 
following new section: — Section 10 A. The salaries of the 
smoke inspector and all deputy inspectors, assistants and 
employees employed under section nine A and the expenses 
incurred in the performance of the department's duties 
referred to in said section shall be apportioned annually 
by the state treasurer among the cities and towns compris- 
ing the district defined by said chapter six hundred and 
fifty-one, and acts in amendment thereof and in addition 
thereto, in proportion to their last annual taxable valua- 
tion, and the amount so apportioned shall be added to their 
proportion of the state tax. 

Section 5. Chapter four hundred and twelve of the 
acts of nineteen hundred and thirty is hereby repealed. 

Approved March I4, 1933. 



G. L. (Ter. 
Ed.), 25, new 
section after 
§ 10. 

Apportion- 
ment of cost 
among cities 
and towns 
comprising 
district 
defined by 
1910, 651, etc. 



Repeal. 



An Act repealing the law requiring the psychiatric QJidnj 'j'j 

EXAMINATION OF CERTAIN PRISONERS IN JAILS AND ^' 

HOUSES OF CORRECTION. 

Be it enacted, etc., as follows. • 

Section 1. Section sixteen of chapter one hundred and g. l. (Ter. 
twenty-seven of the General Laws, as appearing in the fie,' ^^^' 
Tercentenary Edition thereof, is hereby amended by amended. 
striking out the last sentence. 

Section 2. Said chapter one hundred and twenty- g. l. (Ter. 
seven, as so appearing, is hereby further amended by amended. ^ ^^' 
striking out section seventeen and inserting in place thereof 
the following:- — Section 17. Specifications governing the Physical ex- 
manner and time of such physical examinations shall be pHsoners"*"^ 
promulgated by the department of public health. Said g^^t^^'g^^ts"^' 
department shall prescribe the medical records to be kept, records. 
shall require such laboratory or other diagnostic aids 
to be used as in its judgment are expedient, and shall 
forward to the commissioner statements of the results 
of all such examinations, together with recommenda- 
tions relative thereto. For the purpose of obtaining 
further information relative to such prisoners the com- 
missioner may cause inquiry to be made of court physi- 
cians, and psychiatrists, probation officers and district 
attorneys, who have made examinations or investiga- 
tions of such prisoners prior to conviction or who have 
prosecuted them, and such physicians, psychiatrists and 
probation officers shall furnish to the commissioner when 
requested all pertinent information in their possession. 
The commissioner may cause such further inquiry to be 
made relative to the offences committed by such prisoners 
and their past history and environment as he may deem 



86 



Acts, 1933. — Chaps. 78, 79. 



G. L. (Ter. 
Ed.), 127, § 
amended. 



Penalty for 
breach of 
§§ 16 and 17. 



Division of 
examination 
of prisoners 
abolished. 



necessary. He shall cause records to be made of such 
examinations and investigations, and shall transmit copies 
thereof to the office of the board of probation, which shall 
cause the same to be filed with its office records. 

Section 3. Section eighteen of said chapter one hundred 
and twenty-seven, as so appearing, is hereby amended by 
striking out, in the third and fourth lines, the words "or 
of the department of mental diseases", — so as to read as 
follows :^ — Section 18. Any officer named in section 
sixteen who neglects or refuses to comply with said section 
or who violates any rule or regulation of the department of 
public health made under section seventeen shall forfeit 
not more than fifty dollars. 

Section 4. The division of examination of prisoners 
and all positions the incumbents of which are performing 
solely functions terminated by this act are hereby abolished. 

Approved March IJf, 1933. 



Chap. 78 An Act designating a portion of the northern artery, 

so CALLED, AS THE MONSIGNOR McGRATH HIGHWAY. 

Be it enacted, etc., as follows: 

Section 1. So much of the Northern Artery, so called, 
as is located within the limits of the cities of Somerville 
and Cambridge shall be designated and known as the 
Monsignor McGrath Highway. 

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

Approved March 17, 1933. 



Portion of 

Northern 

Artery to be 

designated as 

Monsignor 

McGrath 

Highway. 



Chap. 79 A-N Act relative to the assessment of a portion of the 

COST OF CERTAIN SEWERS IN THE TOWN OF NAHANT AND 
TO THE RECORDING OF CERTIFICATES OF SUCH ASSESS- 
MENTS. 

Be it enacted, etc., as folio ws: 

Section 1. Section six of chapter two hundred and 
forty-one of the Special Acts of nineteen hundred and 
seventeen, as amended by chapter one hundred and sixty 
of the acts of nineteen hundred and twenty-three, is hereby 
further amended by striking out the second sentence, as ap- 
pearing in said chapter one hundred and sixty, and inserting 
in place thereof the following: — In providing for the pay- 
ment of the remaining portion of the cost of said system or 
systems the town may avail itself of any or all of the 
methods permitted by general laws, notwithstanding that 
certain of the pubfic sewers authorized hereunder are not 
constructed in public ways, if the land to be assessed abuts 
upon any way and a public sewer is available to serve such 
land, and at the same meeting at which it determines the 
proportion of the cost which is to be borne by the town, it 
may by vote determine by which of such methods the re- 
maining portion of said cost shall be provided for. 



1917 (S),241, 
§ 6, etc., 
amended. 



Assessment of 
a portion of 
cost of certain 
sewers in town 
of Nahant. 



Acts, 1933. — Chap. 80. 



87 



Recording of 

certificates 

of assessments. 



Section 2. Said chapter two hundred and forty-one ^^J^"g|,^^^i^fjf^ 
is hereby further amended by inserting after section six alter § e. 
the following new section : — Section 6 A . The board of 
sewer commissioners shall within sixty days after the 
passage by it of an order determining the amounts of as- 
sessments as provided in section six, cause to be filed for 
record in the registry of deeds for the southern district of 
the county of Essex, a certificate or certificates setting forth 
the amounts assessed by its said order upon the owners 
of each and every estate so assessed within the area of 
said system, or systems, and also a plan showing the loca- 
tion of the sewers constructed within such area, a portion 
of the cost of which has been assessed by its said order. 

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

Approved March 17, 1933. 



An Act relative to the time of filing annual returns (Jfiap. 80 
OF interests in certain ships and vessels as a basis 
OF excise taxes thereon. 

Whereas, The deferred operation of this act would tend Emergency 
to defeat its purpose, therefore it is hereby declared to be preamble. 
an emergency law, necessary for the immediate preserva- 
tion of the public convenience. 

Be it enacted, etc., as follows: 

Section eight of chapter fifty-nine of the General Laws, 
as appearing in the Tercentenary Edition thereof, is hereby 
amended by striking out, in the fifth and sixth lines, 
the words "within thirty days after said date" and insert- 
ing in place thereof the words : — on or before July first 
following, — so as to read as follows : — >Sed?'on 8. Indi- 
viduals or partnerships owning an interest in any ship or 
vessel which has during the period of its business in the 
year preceding April first 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 shall annually, on or before July first fol- 
lowing, 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, 
respectively, setting forth the name of the ship or vessel, 
their interest therein, and the value of such "interest. If 
the assessors 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. 

Approved March 17, 1933. 



G. L. (Ter. 
Ed.), 59, § 8. 
amended. 



Interests in 
ships and 
vessels in 
interstate or 
foreign carry- 
ing trade or in 
fishing liable 
only to excise 
tax. 



88 



Acts, 1933. — Chaps. 81, 82. 



Chap. 81 



G. L. (Ter. 
Ed.), 175, §94, 
first two para- 
graphs, 
amended. 



Domestic 
mutual life 
companies. 



Members. 



Annual 
meetings. 



Vote by 

proxies 

authorized. 



An Act establishing the voting rights of persons hold- 
ing ANNUITY OR PURE ENDOWMENT CONTRACTS AND 
CERTAIN INSURANCE POLICIES ISSUED BY DOMESTIC LIFE 
INSURANCE COMPANIES AND CLARIFYING CERTAIN LIMITA- 
TIONS ON VOTING RIGHTS OF MEMBERS AND SHAREHOLDERS 
OF SUCH COMPANIES. 

Be it enacted, etc., as follows: 

Section ninety-four of chapter one hundred and seventy- 
five of the General Laws, as appearing in the Tercentenary 
Edition thereof, is hereby amended by striking out the first 
two paragraphs and inserting in place thereof the fol- 
lowing: — 

Except as provided in this section and in section one 
hundred and thirty-seven, every person insured under a 
policy of life or endowment insurance issued by a domestic 
mutual life company shall be a member thereof and entitled 
to one vote, and one vote additional for each five thousand 
dollars of insurance in excess of the first five thousand 
dollars, every person holding an annuity or pure endow- 
ment contract issued by any such company shall be a 
member thereof and entitled to one vote and, in the case of 
an annuity contract, one vote additional for each one 
hundred and fifty dollars of annual annuity income in 
excess of the first one hundred and fifty dollars, and every 
person insured under any policy of insurance issued by any 
such company under clause sixth of section forty-seven 
shall be a member thereof and entitled to one vote. Holders 
of such policies or contracts shall be notified of the annual 
meetings of the company by written notice, or by an im- 
print in the form prescribed by section seventy-six upon 
the filing back of its policies or contracts, or, in the case of 
policies upon which premiums are payable monthly or 
oftener, on some other prominent place on each policy, 
and also upon premium receipts or certificates of renewal. 

Members and shareholders may vote by proxies dated 
and executed within three months and returned and re- 
corded on the books of the company seven days or more 
before the meeting at which they are to be used; but no 
member or shareholder of such a company shall, in person 
or by proxy, cast more than twenty votes, and no officer 
shall, himself or by another, ask for, receive, procure to be 
obtained or use a proxy vote. Approved March 17, 1933. 



Chap. 82 An Act relative to the appointment and qualification 

OF DEPUTY COLLECTORS OF TAXES, 

Be it enacted, etc., as follows: 

Section 1. Chapter sixty of the General Laws, as 



G. L. (Ter. 
Ed.), 60, §92, 
amended. 



appearing in the Tercentenary Edition thereof, is hereby 
amended by striking out section ninety-two and inserting 



Acts, 1933. — Chap. 83. 



89 



in place thereof the following: — Section 92. Any officer 
authorized to collect taxes may appoint, subject to the 
approval of the commissioner, such deputies as such 
officer deems expedient. Any such deputy may be a 
woman. Such deputies shall give bond for the faithful 
performance of their duties in such sum and in such form, 
and subject to such conditions, as the commissioner may 
prescribe, and shall have all the powers of collectors. 

Section 2. Chapter forty-one of the General Laws, 
as appearing in the Tercentenary Edition thereof, is 
hereby amended by striking out section thirty-seven and 
inserting in place thereof the following : — Section 37. 
A town treasurer, acting as collector of taxes, may, subject 
to the approval of the commissioner of corporations and 
taxation, appoint deputies, who shall give bond for the 
faithful performance of their duties in such sum and in 
such form, and subject to such conditions, as the said 
commissioner may prescribe; and such collector and depu- 
ties shall have all the powers of collectors of taxes. A 
treasurer acting as collector may issue his warrant to the 
sheriff of the county or his deputy, or to any constable of 
the town, directing them to distrain the property or take 
the body of any person delinquent in the payment of taxes, 
and may proceed in the same manner as collectors. 

Approved March 17, 1933. 



Deputy 
collectors of 
taxes, ap- 
pointment. 



Bond. 



G. L. (Ter. 
Ed.), 41, §37, 
amended. 



Collection of 
taxes by 
treasurer. 



An Act further regulating certificates of insurance (Jfiav. 83 

UNDER the compulsory MOTOR VEHICLE LIABILITY 
insurance law, so CALLED. 

Be it enacted, etc., as follows: 

Section 1. Section thirty-four B of chapter ninety of 
the General Laws, as appearing in the Tercentenary Edi- 
tion thereof, is hereby amended by striking out the second 
paragraph and inserting in place thereof the following : — 

Such certificate of an insurance or surety company shall, 
except as hereinafter provided, be in a form prescribed by 
the commissioner of insurance, shall contain the recitals 
required by said section thirty-four A and, if at the time of 
the execution thereof the schedule of premium charges and 
classifications of risks for the year for which registration 
is sought have been fixed and established under section 
one hundred and thirteen B of chapter one hundred and 
seventy-five, shall state the rate at which and the classifica- 
tion under which the motor vehicle habihty pohcy or bond 
referred to therein was issued or executed and the amount 
of the premium thereon and whether or not said premium 
is at the rate fixed and established as aforesaid, and each 
such certificate shall contain such other information as 
said commissioner may require. Such a certificate shall be 
executed in the name of the company by one of its officers, 
or by an insurance agent of the company licensed under 
chapter one hundred and seventy-five to soUcit applica- 



G. L. (Ter. 
Ed.), 90, 
§34B, 
second par., 
amended. 



Certificates of 
insurance 
under the 
compulsory 
motor vehicle 
liability in- 
surance law, 
regulated. 



90 



Acts, 1933. — Chaps. 84, 85. 



G. L. (Ter. 
Ed.), 90, 
§ 34B, fourth 
par., amended. 

Same subject. 



Application 
of act. 



tions for and to negotiate motor vehicle liability policies or 
bonds or on his behalf by one of his agents or employees 
duly authorized by the company by a writing, in a form 
prescribed by said commissioner, filed in the office of said 
commissioner and not theretofore revoked by a writing 
filed as aforesaid, and no other person shall execute or 
issue such a certificate. A certificate executed on behalf 
of such licensed insurance agent shall also bear the signa- 
ture of the person so executing it. Whoever issues or 
executes a certificate in a form other than that prescribed 
by said commissioner shall be punished by a fine of not less 
than fifty nor more than five hundred dollars. 

Section 2. Said section thirty-four B, as so appearing, 
is hereby further amended by striking out the fourth 
paragraph and inserting in place thereof the following : — 

If such a certificate, whether or not conforming to the 
foregoing requirements of this section, is executed in the 
name of a company by a person hereinbefore specified, or is 
so executed by any other person in violation of this section 
under authorization of the company, and is filed with the 
registrar in connection with the registration of a motor 
vehicle, the company shall be estopped to deny the issue or 
validity of such certificate or that a motor vehicle liability 
policy or bond has in fact been issued or executed as set 
forth in such certificate. 

Section 3. The provisions of this act shall not apply 
to certificates, as defined in section thirty-four A of chapter 
ninety of the General Laws, as appearing in the Tercenten- 
ary Edition thereof, issued in connection with registration 
of motor vehicles or trailers granted before September first 
of the current year. Approved March 17, 1933. 

Chap. 84 An Act authorizing the town of Plymouth, by its 

BOARD OF HEALTH, TO OPERATE AND MAINTAIN A PIGGERY 
IN CONNECTION WITH THE DISPOSAL OF GARBAGE. 

Be it enacted, etc., as follows: 

Section 1. The town of Plymouth, by its board of 
health, may maintain and operate a piggery in connection 
with the disposal of garbage of the town, and sell the 
products of the piggery. 

Section 2. This act shall take effect upon its ac- 
ceptance by a majority of the legal voters of said town 
present and voting thereon at an annual town meeting. 

Approved March 17, 1933. 

An Act authorizing the county commissioners of the 
county of plymouth to lease to the town of plym- 
outh certain property. 

Be it enacted, etc., as follows: 

County com- The county commissioners of the county of Plymouth, 

Plymouth "^ acting in the name and on behalf of said county, may from 
county may time to time lease to the town of Plymouth, for periods 



Town of 
Plymouth may 
operate and 
maintain 
a piggery, 
etc. 

Effective upon 

acceptance, 

etc. 



Chap. 85 



Acts, 1933. — Chaps. 86, 87. 



91 



Office of 
chief of fire 
department 
of city of 
Everett 
subject to 
civil service 
laws. 



Submission 
to voters, 
etc. 



not exceeding five years each, the buildings now used by lease to town 
said county as a piggery, with such adjacent land and under certlm^^r'^*''- 
such conditions as may be mutually agreed upon by the erty. 
said parties, and the said town may, if authorized by vote 
at an annual town meeting, become party to such lease. 

Approved March 17, 1933. 

An Act placing the office of chief of the fire depart- Qjidrf gg 

MENT OF THE CITY OF EVERETT UNDER THE CIVIL SERVICE 
LAWS. 

Be it enacted, etc., as follows: 

Section 1. The office of chief of the fire department of 
the city of Everett shall, upon the effective date of this 
act, become subject to the civil service laws and rules and 
regulations relating to permanent members of fire depart- 
ments of 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; 
provided, however, that James Evans, the present incum- 
bent of said office, may continue to serve as such without 
taking a civil service examination. 

Section 2. This act shall be submitted for acceptance 
to the registered voters of the city of Everett at its city 
election in the current year 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 nineteen hundred and thirty-three, 
entitled 'An Act placing the office of chief of the fire de- 
partment of the city of Everett under 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 March 17, 1933. 

An Act providing for the further protection of (J^kit). 87 
depositors in trust companies and the maintenance 
of the banking structure of the commonwealth. 

Whereas, The present banking emergency requires that 
this act be effective forthwith, therefore it is hereby de- 
clared to be an emergency law, necessary for the immediate 
preservation of the public safety and convenience. 

Be it enacted, etc., as follows: 

Section 1. Chapter one hundred and seventy-two of 
the General Laws is hereby amended by adding after 
section eighty-two, added by section one of chapter two 
hundred and ninety-five of the acts of nineteen hundred 
and thirty-two, under the caption, conservatorship, the 
following seven new sections: — Section 83. In addition 
to all other powers conferred upon him by law, the com- 
missioner, whenever he shall deem it necessary in order to 
conserve the assets of any trust company for the benefit of 



Emergency 
preamble. 



G. L. 172, 
seven new sec- 
tions after 
§82. 



Commissioner 
of banks may 
appoint a con- 
servator for 
certain trust 
companies, etc. 



92 



Acts, 1933. — Chap. 87. 



Certificate of 
appointment, 
filing. 



Expert 
assistance 
and advice, 
etc. 



Conservator to 
take possession 
of property 
and business 
of trust com- 
pany, etc. 



To give 
notice to per- 
sons holding 
assets of 
trust com- 
pany. 

No bank, etc., 
to have lien 
against assets 
of trust com- 
pany, except, 
etc. 



Rights of all 
parties to be 
the same as 
if commis- 
sioner had 
taken pos- 
session, etc. 

Powers and 
duties of 
conservator. 



May prose- 
cute and de- 
fend all suits 
and other legal 



the depositors and creditors thereof, may, under his hand 
and official seal, appoint a conservator for such trust com- 
pany, and require of such conservator such bond and 
security as the commissioner may deem proper. 

A certificate of the appointment of such conservator 
shall forthwith be filed in the office of the commissioner. 
The conservator, with the approval of the commissioner, 
may procure such expert assistance and advice as he con- 
siders necessary in the administration of the affairs of such 
trust company and with like approval may retain such of 
the officers and employees of such trust company as he 
deems necessary. 

The conservator, under the direction and subject to 
the control of the commissioner, shall take possession 
forthwith of the property and business of such trust com- 
pany and take such action as may be necessary to carry on 
its business and to conserve its assets, pending further dispo- 
sition thereof, as provided by law. 

Upon taking possession of the property and business of a 
trust company, the conservator shall forthwith give notice 
thereof to all persons holding or having possession of any 
assets of such trust company. No bank, trust company, 
association, firm or individual, knowing that a conservator 
has taken such possession, or having been notified thereof 
as aforesaid, shall have a lien or charge for any payment, 
advance or clearance thereafter made, or liability thereafter 
incurred, against any of the assets of the trust company of 
whose property and business the conservator shall have 
taken possession as aforesaid, except as otherwise provided 
in this and the six following sections. 

During the time that such conservator remains in pos- 
session of such trust company, the rights of all parties 
with respect thereto shall, subject to the other provisions 
of this and the six following sections, be the same as if the 
commissioner had taken possession of such trust company. 

Section 84- Such conservator, subject to such orders, 
rules and regulations as may be prescribed from time to 
time by the commissioner, may collect moneys due to the 
trust company, and do all acts necessary to continue its 
business or to conserve its assets. He shall collect all 
debts due and claims belonging to it, and with the approval 
of the commissioner, may sell or compound all bad or 
doubtful debts, and on like approval may sell all, or any 
part of, the real and personal property of the trust com- 
pany on such terms as the commissioner shall approve; 
and, in the name of such trust company, may take a mort- 
gage on such real property from a bona fide purchaser to 
secure the whole or a part of the purchase price, upon such 
terms and for such periods as the commissioner may 
approve. 

To execute and perform the powers and duties conferred 
upon him, the conservator may, in the name of any such 
trust company prosecute and defend all suits and other 



Acts, 1933. — Chap. 87. 



93 



legal proceedings and may, in the name of the trust com- 
pany, execute, acknowledge and deliver all deeds, assign- 
ments, releases and other instruments necessary and proper 
to effectuate any sale of real or personal property or any 
compromise approved by the commissioner; and any deed 
or other instrument executed pursuant to the authority 
hereby given, shall be valid and effectual for all purposes 
to the same extent as though executed by the officers of the 
trust company by authority of its board of directors or of its 
stockholders. 

Such conservators, and their assistants, shall be subject 
to all the penalties, and except as provided in sections 
eighty-three to eighty-nine, inclusive, to all other provi- 
sions of law, to which agents appointed by the commis- 
sioner for the purpose of liquidating the affairs of a bank 
are now or may hereafter be subject. 

Section 85. While a trust company is in the hands of 
such a conservator, the commissioner may require the 
conservator to set aside and make available for withdrawal 
by depositors and for payment to other creditors such 
amounts or proportions of their deposits or claims in any 
department thereof as the commissioner may deem neces- 
sary or expedient, and may by order authorize the con- 
servator to receive new deposits, as provided in section 
three of chapter fifty-nine of the acts of nineteen hundred 
and thirty-three. 

Section 86. "Whenever any trust company shall have 
resumed business with or without a reorganization, or 
whenever the commissioner shall have taken possession 
of its property or business as provided in section twenty-two 
of chapter one hundred and sixty-seven, the provisions of 
section three of chapter fifty-nine of the acts of nineteen 
hundred and thirty-three with respect to the segregation of 
new deposits received under section eighty-five shall no 
longer be effective and the deposits received thereunder 
shall be disposed of in such manner as the commissioner 
shall direct, unless the owner of any such deposit, within 
fifteen days after notice given by the conservator or the 
commissioner, in such manner as the commissioner shall 
prescribe, shall have withdrawn the same. 

Section 87. The compensation of such conservator 
and of counsel, employees and assistants and all other 
expenses of such conservatorship, including costs and 
expenses incurred by the commissioner in relation to such 
trust company, shall be fixed by the commissioner and 
approved by the governor and council and paid out of 
the funds of such trust company; provided, however, 
that the compensation paid the conservator shall in no 
event be at a higher rate than the highest salary estab- 
lished in said trust company or at a rate in excess of one 
thousand dollars per month and that the total pay roll 
of the trust company at the time of the appointment 



proceedings 
in name of 
trust com- 
pany, etc. 



Conservators, 
etc., to be 
subject to 
certain penal- 
ties and provi- 
sions of law. 



Commissioner 
may require 
conservator 
to set aside 
certain 
amounts of 
deposits for 
withdrawal by 
depositors, 
etc. 



When provi- 
sions as to 
segregation of 
new deposits 
shall no longer 
be effective, 
etc. 



Compensation 
of conservator, 
etc., to be 
fixed by com- 
missioner, etc. 



Proviso. 



94 



Acts, 1933. — Chap. 88. 



Commissioner 
may terminate 
the conserva- 
torship in his 
discretion, etc. 



Certain power 
or authority 
not abridged, 
etc. 



Invalidity of 
any provision 
of act, etc., 
not to affect 
remainder of 
act, etc. 



of the conservator shall not be increased by reason of such 
compensation. 

Section 88. If the commissioner shall be satisfied that 
it may be safely done and that it would be in the public 
interest, he may, in his discretion, terminate the con- 
servatorship and permit such trust company to resume 
business subject to such terms, conditions, restrictions or 
limitations as he may prescribe. 

Section 89. Nothing contained in the six preceding 
sections shall, unless otherwise expressly provided therein, 
be deemed to abridge any power or authority to take 
possession of a trust company conferred upon the com- 
missioner by chapter one hundred and sixty-seven or 
any power or authority conferred by any other provision 
of law. 

Section 2. If any provision of this act, or the applica- 
tion thereof to any person, firm, corporation or associa- 
tion or to any circumstances, is held invalid by any court 
of final jurisdiction, the remainder of this act, and the 
application of such provision to other persons or circum- 
stances, shall not be affected thereby. The right to amend 
or to repeal this act or any provision thereof is hereby 
reserved by the general court. Approved March 20, 1933. 



1921, 140, § 2, 
amended. 



Date of city 
primary elec- 
tion, etc. 



Chap. 88 An Act changing the time of holding city primaries 

IN THE CITY OF MEDFORD. 

Be it enacted, etc., as follows: 

Section two of chapter one hundred and forty of the 
acts of nineteen hundred and twenty-one is hereby amended 
by striking out, in the second and seventh lines, the word 
"second" and inserting in place thereof, in each instance, 
the word: — third, — so as to read as follows: — Section 2. 
Except as otherwise provided herein, on the third Tuesday 
preceding every city election there shall be held a city 
primary election for the purpose of nominating candidates 
for elective offices. No special election shall be held until 
after the expiration of forty days from the calling of the 
special city primary election, which shall be held on the 
third Tuesday preceding such special election. At every 
city primary election the polls shall be kept open during 
such hours as shall be fixed by the board of aldermen and, 
except as otherwise provided in this act, every such city 
primary election shall be called by the same officers and 
held in the same manner as a regular city election, and 
polling places shall be designated, provided and furnished, 
official ballots, special ballots, ballot boxes, voting lists, 
specimen ballots, blank forms, apparatus and supplies 
shall be provided for every such city primary election of 
the same number and kind, and in the same manner and 
by the same officials as at a regular city election, and the 
same election officers shall officiate as at a regular city 
election. 



Aldermen to 
fix polling 
hours, etc. 



Acts, 1933. — Chap. 89. 



95 



(This hill, returned by the governor to the House of Repre- 
sentatives, the branch in which it originated, with his objec- 
tions thereto, was passed by the House of Representatives, 
March 16, 1933, and, in concurrence, by the Senate, March 21, 
1933, the objections of the governor notwithstanding, in the 
manner prescribed by the constitution; and thereby has "the 
force of a law".) 



An Act making appropriations for the employment of 
additional persons as a measure of relief during the 
present unemployment emergency. 

Be it enacted, etc., as follows: 

Section 1. To provide for the employment of addi- 
tional labor and other personal services as a measure of 
relief during the present emergency caused by unemploy- 
ment, the sums set forth in section two, for the several 
purposes and subject to the conditions therein specified, 
are hereby appropriated from the general fund or revenue 
of the commonwealth unless some other source of revenue 
is expressed, subject to the provisions of law regulating the 
disbursement of public funds and the approval thereof. 

Section 2. 
Item Service of the Department of Conservation. 

A For thinning trees and otherwise improving state 
forest lands owned by the commonwealth, a sum 
not exceeding seventy-five thousand dollars . . $75,000 00 

Service of the Department of Agriculture. 
B For carrjang out mosquito control projects in accord- 
ance with the provisions of chapter one hundred 
and twelve of the acts of nineteen hundred and 
thirty-one, except that no expenditures from the 
funds hereby appropriated shall be made in any 
city or town unless a petition from the mayor of the 
city or the selectmen of the town for the said work 
is received and approved by the state reclamation 
board, a sum not exceeding seventy-five thousand 
dollars, the same to be in addition to any amount 
heretofore appropriated for the purpose . . 75,000 00 

Service of the Department of Public Works. 
C For removing abandoned hulks or wrecks lying along 
the waterfront of Boston harbor, a sum not ex- 
ceeding fifty thousand dollars .... 50,000 00 

Service of the Metropolitan District Commission. 
D For cutting brush, clearing and other work in con- 
nection with the maintenance of park reservations, 
a sum not exceeding seventy-five thousand dollars, 
to be assessed upon the cities and towns of the 
metropolitan parks district in accordance with the 
niethod fixed by law, and to be expended under the 
direction and with the approval of the metropolitan 
district commission ...... 

Total 

General fund ........ 

Metropohtan District fund ...... 



75,000 00 

$275,000 00 

$200,000 00 
75,000 00 

$275,000 00 



Chap, 89 



Appropriations 
for employ- 
ment of addi- 
tional persons 
as a measure 
of relief during 
the present 
unemploy- 
ment emer- 
gency. 



Department 
of Conserva- 
tion. 



Department 
of Agricul- 
ture. 



Department of 
Public Works. 



Metropolitan 

District 

Commission. 



96 



Acts, 1933. — Chaps. 90, 91. 



Not subject 
to civil service 
laws, etc. 



Section 3. Persons employed for work authorized 
by section two shall not be subject to civil service laws or 
the rules and regulations made thereunder. 

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

Approved March 23, 1933. 



Chap. 90 An Act authorizing the new England conference of 

THE evangelical CHURCH, INC. TO MAKE CONTRACTS 
to pay ANNUITIES AND VALIDATING CERTAIN CONTRACTS 
ALREADY MADE BY SAID CORPORATION. 

Be it enacted, etc., as follows: 

Section 1. The New England Conference of the 
Evangelical Church, Inc., a corporation established by 
law in this commonwealth, may, in consideration of the 
receipt of funds to be devoted to the purposes for which it 
is incorporated, bind itself to pay fixed yearly sums 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. 

Section 2. Any such contracts made by said corpora- 
tion prior to the effective date of this act, in so far as they 
are illegal for want of authority to make the same, are 
hereby vahdated. Approved March 23, 1933. 



The New 
England 
Conference of 
the Evangeli- 
cal Church, Inc. 
may make 
contracts to 
pay annui- 
ties. 



Certain con- 
tracts already 
made, vali- 
dated. 



Chap. 91 An Act placing the office of chief engineer of the 

FIRE DEPARTMENT OF THE CITY OF SOMERVILLE UNDER 
THE CIVIL SERVICE LAWS. 

Be it enacted, etc., as follows: 

Section 1. The office of chief engineer of the fire de- 
partment of the city of Somerville shall, upon the effective 
date of this act, become subject to the civil service laws 
and rules and regulations relating to permanent members 
of fire departments of 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; provided that the person holding said office 
on said date shall continue in office on the same tenure as 
theretofore. 

Section 2. This act shall be submitted for acceptance 
to the registered voters of the city of Somerville at its 
city election in the current year 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 nineteen hundred and thirty-three, en- 
titled 'An Act placing the office of chief engineer of the fire 
department of the city of Somerville under 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 March 23, 1933. 



Office of chief 
engineer of 
the fire de- 
partment of 
the city of 
Someryille 
subject to 
civil service 
laws. 



Submission 
to voters, etc. 



Acts, 1933. — Chaps. 92, 93. 



97 



An Act providing a penalty for fraudulently pro- (Jfiap, 92 

CURING FOOD OR BEVERAGE FROM COMMON VICTUALLERS. 

Be it enacted, etc., as follows: 

Chapter one hundred and forty of the General Laws, as 
amended in section twelve by chapter eighty-six of 
the acts of nineteen hundred and thirty-two, is hereby 
further amended by striking out said section twelve and 
inserting in place thereof the following: — Section 12. 
Whoever puts up at an inn, lodging house or boarding house 
and, without having an express agreement for credit, 
procures food, entertainment or accommodation without 
paying therefor, and with intent to cheat or defraud the 
owner or keeper thereof; or, with such intent, obtains 
credit at an inn, lodging house or boarding house for such 
food, entertainment or accommodation by means of any 
false show of baggage or effects brought thereto; or, with 
such intent, removes or causes to be removed any baggage 
or effects from an inn, lodging house or boarding house while 
a lien exists thereon for the proper charges due from him 
for fare and board furnished therein, shall be punished 
by a fine of not more than two hundred dollars or by im- 
prisonment for not more than one year; and whoever, 
without having an express agreement for credit, procures 
food or beverage from a common victualler without paying 
therefor and with intent to cheat or defraud shall be pun- 
ished by a fine of not more than fifty dollars or by imprison- 
ment for not more than three months. The words "lodg- 
ing house", as used herein, shall mean a lodging house as 
defined in section twenty-two. 

Approved March 23, 1933. 



G. L. (Ter. 
Ed.), 140, 
§ 12, etc., 
amended. 



Penalty for 
fraudulently 
procuring ac- 
commodations 
at an inn, 
lodging house 
or boarding 
house, etc., and 
for fraudu- 
lently pro- 
curing food or 
beverage from 
common 
victuallers. 



"Lodging 

house" 

defined. 



An Act relative to the issue of licenses and certifi- (jjidj) 93 

GATES of public CONVENIENCE AND NECESSITY FOR ^' 

SIGHT-SEEING AUTOMOBILES CARRYING PERSONS IN OR 
FROM THE CITY OF BOSTON. 



1931, 399, 
amended. 



Be it enacted, etc., as follows: 

Section 1. Section two of chapter three hundred and 
ninety-nine of the acts of nineteen hundred and thirty-one 
is hereby amended by inserting after the word "is" in the 
third line the word: — first, — and by inserting after the 
word "unless" in the fourth fine the word: — thereafter, — 
so as to read as ioWows: — Section 2. It shall be un- 
lawful for a person or a corporation to offer or furnish 
service by a sight-seeing automobile in or from the city of regulated 
Boston unless said automobile is first licensed hereunder 
and unless thereafter a certificate of public convenience 
and necessity is obtained as hereinafter provided, and it 
shall be unlawful for a person to operate such an automobile 
as driver in or from said city unless he is licensed so to do 
as hereinafter provided. 



§2. 



Operation of 

sight-seeing 
automobiles 



98 



Acts, 1933. — Chap. 94. 



1931, 399, § 5, 
amended. 



Certificate of 
public con- 
venience and 
necessity, etc. 



Public hearing. 



Terms and 
conditions. 

Suspension or 
revocation. 



Rules, orders 
and regula- 
tions. 



Proviso. 



Section 2. Section five of said chapter three hundred 
and ninety-nine is hereby amended by striking out, in the 
third hne, the word "first", ^ so as to read as follows: — 
Section 5. No person or corporation shall offer or furnish 
service by sight-seeing automobiles in or from the city of 
Boston unless said person or corporation has obtained from 
the department of public utilities a certificate declaring 
that public convenience and necessity require such opera- 
tion. Said department may, after public hearing, issue 
or refuse to issue such a certificate and may attach to the 
exercise of the privilege conferred by said certificate such 
terms and conditions as to operation and fares as the said 
department may deem that public convenience and neces- 
sity require. Said department may, after notice and hear- 
ing, suspend or revoke any such certificate for cause or 
alter or amend any terms or conditions attached to the 
exercise of the privilege conferred thereby. Said depart- 
ment may make suitable and reasonable rules, orders and 
regulations governing the operation and fares of sight- 
seeing automobiles carrying persons in or from the city of 
Boston, and may revise, alter, amend and annul the same; 
provided, that such rules, orders and regulations shall not 
be inconsistent with those lawfully established by the board 
of street commissioners of the city of Boston, by the Boston 
traffic commission, by the board of park commissioners of 
said city, or by said police commissioner. 

Approved March 23, 1933. 



Chap. 94 -^^ ^^"^ AUTHORIZING CERTAIN OFFICERS TO DIRECT THE 
WEIGHING OF MATERIAL FOR ROAD CONSTRUCTION AND 
CERTAIN OTHER ARTICLES. 

Be it enacted, etc., as follows: 

Section 1. Chapter ninety-four of the General Laws, 
as appearing in the Tercentenary Edition thereof, is hereby 
amended by inserting after section two hundred and forty- 
nine F under the caption "Material for Road Construc- 
tion", the following new section: — Section 249G. The 
director of standards or any inspector of standards in any 
town, or a sealer of weights and measures within his town, 
wherein any quantity of material for road construction in 
the course of delivery is found may direct the person in 
charge of the material to convey the same without delay or 
charge to scales designated by such director, inspector or 
sealer, who shall there determine the quantity of the ma- 
terial and its weight together with the tare weight, and shall 
direct said person to return to such scales immediately 
after unloading the material; and upon such return the 
director, inspector or sealer shall determine the tare weight. 
The scales designated by the director, inspector or sealer 
as aforesaid may be the public scales of the town or any 
other scales therein which may have been duly tested and 



G. L. (Ter. 
Ed.), 94, new 
section after 
§ 249F. 



Director of 
standards, in- 
spectors and 
sealers may 
direct material 
for road con- 
struction to be 
weighed. 



Acts, 1933. — Chap. 95. 



99 



sealed, and shall be such scales as in his judgment are most 
convenient. 

Section 2. Said chapter ninety-four, as so appearing, 
is hereby further amended by striking out section two 
hundred and forty-five and inserting in place thereof the 
following : — Section 21^5. The director of standards or 
any inspector of standards in any town, or a sealer of weights 
and measures within his town, wherein any quantity of 
coke, charcoal or coal in the course of delivery is found 
may direct the person in charge of the goods to convey the 
same without delay or charge to scales designated by such 
director, inspector or sealer, who shall there determine the 
quantity of the goods, and, if they are not in baskets or 
bags as required by section two hundred and forty-one, 
shall determine their weight together with the tare weight, 
and shall direct said person to return to such scales im- 
mediately after unloading the goods; and upon such return, 
the director, inspector or sealer shall determine the tare 
weight. The scales designated by the director, inspector or 
sealer as aforesaid may be the public scales of the town or 
any other scales therein which have been duly tested and 
sealed, and shall be such scales as in his judgment are most 
convenient. Approved March 23, 1933. 



G. L. (Ter. 
Ed.), 94, §245, 
amended. 



Director of 
Btandarda, in- 
spectors and 
sealers may 
direct coke, 
charcoal or 
coal to be 
weighed. 



1931, 69, § 1, 
amended. 



City of 
Worcester, 
loans for street 
construction 
and permanent 
paving. 



An Act relative to certain borrowings by the city Qhn^ 95 

OF WORCESTER FOR THE PURPOSES OF STREET CONSTRUC- ^' 

TION, PERMANENT PAVING AND SIDEWALK CONSTRUCTION 
IN SAID CITY. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter sixty-nine of the 
acts of nineteen hundred and thirty-one is hereby amended 
by striking out, in the third and thirteenth lines, the word 
"two" and inserting in place thereof, in each instance, the 
word: — three, — so as to read as follows: — *Sec^zon 1. 
For the purposes of street construction and permanent 
paving in the city of Worcester, said city may borrow, 
from time to time within a period of three years from the 
passage of this act, such sums as may be necessary, not 
exceeding, in the aggregate, one million two hundred and 
fifty thousand dollars, and may issue bonds or notes 
therefor, which shall bear on their face the words, Worcester 
Street Improvement Loan, Act of 1931. Each authorized 
issue for the purposes aforesaid shall constitute a separate 
loan, and such loans shall be payable in not more than ten 
years from their dates. For the purpose of sidewalk con- 
struction of brick, stone, or concrete in the said city, said tlon 
city may borrow, from time to time within a period of three 
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 there- 
for, which shall bear on their face the words, Worcester 
Sidewalk Construction Loan, Act of 1931. Each authorized 



Loans for side- 
walk construe- 



100 



Acts, 1933. — Chaps. 96, 97. 



Certain bor- 
rowings 
authorized. 



issue for such sidewalk construction shall constitute a 
separate loan, and such loans shall be payable in not more 
than five years from their dates. No loan shall be author- 
ized under this act unless a sum equal to an amount not 
less than ten per cent of the loan so authorized is voted for 
the same purpose to be provided from taxes or other 
sources of revenue of the year when authorized. In- 
debtedness incurred under this act shall be in excess of the 
amount authorized by chapter two hundred and eleven of 
the Special Acts of nineteen hundred and sixteen, as 
amended by chapter one hundred and thirty-eight of the 
acts of nineteen hundred and twenty, but shall, except as 
provided herein, be subject to chapter forty-four of the Gen- 
eral Laws. 

Section 2. So much of the amount authorized by said 
section one of said chapter sixty-nine for sidewalk con- 
struction as remained unborrowed on the first day of 
January of the current year may be borrowed either for the 
purpose of street construction and permanent paving in 
said city or of sidewalk construction therein, or in part for 
each such purpose, subject nevertheless to the provisions 
of said section one, as amended hereby, applicable to a 
borrowing for that purpose. 

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

Approved March 23, 1933. 

An Act exempting orders for payment of labor or 
trade union or craft dues or obligations from the 
operation of the laws regulating assignments of 

WAGES. 

Be it enacted, etc., as follows: 

Chapter one hundred and fifty-four of the General Laws, 
as appearing in the Tercentenary Edition thereof, is hereby 
amended by adding at the end thereof the following new 
section: — Section 8. None of the foregoing sections of 
this chapter shall be applicable to or control or prohibit the 
deduction of labor or trade union or craft dues or obliga- 
tions from wages of an employee by an employer in ac- 
cordance with a written request made by the individual 
employee. Approved March 23, 1933. 

Chap. 97 An Act changing the alcoholic content op certain 

BEVERAGES UNDER THE LAWS OF THE COMMONWEALTH 
IN ORDER TO RENDER THE MANUFACTURE AND PREPARA- 
TION OF SUCH BEVERAGES PERMISSIBLE UNDER FEDERAL 
LAW. 

Whereas, The sole and exclusive purpose of this act is to 
enable the manufacture and the preparation within the 
commonwealth, in conformity with the requirements of 
federal law, of certain alcoholic beverages the sale whereof 
has been made lawful by act of Congress approved March 
twenty-second in the current year; and 



Chap. 96 



G. L. (Ter. 
Ed), 154, 
new section at 
end thereof. 

Chapter not 
to apply to 
trade union, 
etc., dues. 



Emergency 
preambles. 



Acts, 1933. — Chap. 98. 



101 



Whereas, In order that the people of the commonwealth 
may take full advantage of the provisions of said act of 
Congress upon its becoming effective and upon the passage 
of further legislation by the general court permitting the 
sale within the commonwealth of such beverages, this act 
is hereby declared to be an emergency law, necessary for 
the immediate preservation of the public convenience. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter one hundred and 
thirty-eight of the General Laws, as appearing in the Ter- 
centenary Edition thereof, is hereby amended by striking 
out, in the fifth and sixth lines, the words "two and three 
fourths per cent of alcohol by weight at sixty degrees 
Fahrenheit" and inserting in place thereof the words: — 
three and two tenths per cent of alcohol by weight, — so 
that the paragraph contained in the fourth to seventh 
lines, inclusive, will read as follows: — 

"Certain non-intoxicating beverages", all beverages 
containing not less than one half of one per cent and not 
more than three and two tenths per cent of alcohol by 
weight. Such beverages shall be deemed not to be in- 
toxicating liquor. 

Section 2. Section three of said chapter one hundred 
and thirty-eight, as so appearing, is hereby amended by 
striking out, in the first and second lines, the words "two 
and three quarters per cent of alcohol by weight at sixty 
degrees Fahrenheit" and inserting in place thereof the 
words : — three and two tenths per cent of alcohol by 
weight, — so as to read as follows: — Section 3. Any bev- 
erage containing more than three and two tenths per cent 
of alcohol by weight, and distilled spirits, shall be deemed 
to be intoxicating liquor within the meaning of this chapter. 

Section 3. The provisions of this act are hereby 
declared to be limited to the authorization of the manufac- 
ture and preparation of beverages of an alcoholic content 
not exceeding three and two tenths per cent by weight, 
and no provision of law relative to the sale, keeping and 
exposing for sale and transportation of intoxicating or 
non-intoxicating beverages shall be affected by this act. 

Approved March 23, 1933. 



G. L. (Ter. 
Ed.). 138, § 1. 
amended. 



"Certain non- 
intoxicating 
beverages" de- 
fined. 



G. L. (Ter. 
Ed.). 138, S 3, 
amended. 



Definition of 
intoxicating 
liquor. 



Limitation of 
provisions of 
act. 



An Act authorizing the town of weston to use a cer- Qhav. 98 
tain loan balance for laying and re-laying water 
mains. 

Be it enacted, etc., as follows: 

Section 1. The town of Weston is hereby authorized 
to appropriate any balance of the water loan issued in 
nineteen hundred and thirty-one for the acquisition of 
land, the construction of a standpipe and the installation of 



102 



Acts, 1933. — Chap. 99. 



driven wells, for the purpose of laying and re-lajnng water 
mains of not less than six inches in diameter. 

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

Approved March 21, 1933. 



Chap. 



Emergency 
preamble. 



99 An Act providing for advance payments on account 
of taxes for the years nineteen hundred and thirty- 
three and nineteen hundred and thirty-four in 
certain cities and towns. 

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 pubhc convenience. 

Be it enacted, etc., as follows: 



Advance pay- 
ments of taxes 
on real estate 
in certain 
cities and 
towns au- 
thorized. 



Interest to be 
allowed on ad- 
vance pay- 
ments of taxes 
on real estate. 



Section 1. The owner or person in possession of real 
estate assessable in any city or town for the taxes of the 
current year shall, upon application to the assessors, or 
any one of them, in such city or town, be given a certificate 
in such form as the commissioner of corporations and tax- 
ation, hereinafter called the commissioner, may prescribe, 
of the amount of the tax assessed upon such real estate for 
the preceding year. If such real estate was part of a 
larger parcel which has been divided by sale, mortgage, 
upon a petition for partition or otherwise since April first 
of said preceding year, the assessors shall apportion the 
tax on such larger parcel for said year and specify in 
such certificate the amount of the tax appficable to the 
real estate to which the application relates. The holder 
of such a certificate shall, at any time and from time to 
time prior to September first in the current year, be en- 
titled to pay to the collector of taxes of such city or town 
an amount or amounts not exceeding in the aggregate 
ninety per cent of the amount of the tax as set forth in 
the certificate; provided, that no instalment of less than 
ten per cent of the amount of the tax as aforesaid or in 
any event less than five dollars shall so be received. The 
collector shall, upon receiving the first payment, take up 
and retain the said certificate and shall give in exchange 
therefor, and for each additional payment received under 
this section, a receipt in such form as the commissioner 
may prescribe. The collector shall, within a period of 
seven days of the receipt of any payment hereunder, 
transmit the same to the city or town treasurer, and render 
to the city or town auditor or accountant, or corresponding 
official, a statement of the date and amount thereof and 
such other facts as may be prescribed by the commissioner. 

Section 2. Payments made under section one shall 
be treated as advance payments on account of the tax 
assessed or to be assessed for the current year on the real 
estate to which they relate and the collector shall credit 
on the tax list for said year committed to him by the 



Acts, 1933. — Chap. 99. 



103 



assessors and on the tax bill for such real estate the amount 
of each such payment. Persons making any payment to 
the collector hereunder shall be allowed interest thereon 
at such rate, not exceeding six per cent per annum as may 
be fixed in a city by its treasurer with the approval of the 
mayor or in a town by its treasurer with the approval of 
the selectmen, for the period beginning with the date of 
such payment and ending with the date when the tax for 
said year becomes due and payable. Errors in such credits 
shall be adjusted by the collector upon application filed 
with him by the person assessed within thirty days of the 
receipt of the tax bill. 

Section 3. Any person who was assessed in the preceding 
year a tax with respect to his personal estate may in like 
manner pay to the collector of the city or town in which 
such tax was assessed an amount or amounts not exceeding 
in the aggregate ninety per cent of such tax, as advance 
payments on account of any tax assessed or to be assessed 
therein in the current year with respect to his personal 
estate, and the provisions of the two preceding sections 
shall, so far as apt, apply to payments so made. 

Section 4. The payment of a portion of a tax under 
this act shall not preclude the person making the payment 
from applying for and receiving an abatement of the taxes 
assessed upon him, in accordance with chapter fifty-nine 
of the General Laws; and if it is finally determined that the 
amount which he has paid is in excess of the tax properly 
assessable upon him, the excess, with interest at the rate 
of six per cent per annum from the date of payment, shall 
be refunded to him. 

Section 5. This act shall be operative with respect to 
taxes assessed or to be assessed for the current year in 
any city upon its acceptance, during said year and prior 
to July first, by vote of the city council thereof, approved 
by the mayor, and in any town upon its acceptance as 
aforesaid by the selectmen; and it shall be operative with 
respect to the taxes assessed or to be assessed for the year 
nineteen hundred and thirty-four in any city or town upon 
its acceptance, during the year nineteen hundred and thirty- 
four and prior to July first, in the manner aforesaid, and 
in construing this act in its application to any city or town 
accepting it as aforesaid during the year nineteen hundred 
and thirty-four, the words "current year" shall mean the 
year nineteen hundred and thirty-four and the words 
"preceding year" shall mean the year nineteen hundred 
and thirty-three. Approved March 28, 1933. 



Advance pay- 
ments of taxes 
on personal 
estate au- 
thorized. 



Payment of 
portion of tax 
not to affect 
abatements. 



Acceptance of 
act. 



104 



Acts, 1933. — Chaps. 100, 101. 



Chap. 100 An Act granting discretionary power to probate 

COURTS IN THE ISSUING OF NEW LETTERS OF ADMINISTRA- 
TION ON ESTATES WHICH ARE IN PROCESS OF SETTLE- 
MENT BY PUBLIC ADMINISTRATORS. 



Emergency 
preamble. 



G. L. (Ter. 
Ed.), 194, § 7, 
amended. 



Powers of pub- 
lic administra- 
tors to cease 
upon the grant- 
ing of letters 
of administra- 
tion to another 
person. 



Chap.lOl 



G. L. (Ter. 
Ed.), 175, 
§ 132, 
amended. 

] 



Life, annuity, 
etc., policies, 
approval of. 



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

Be it enacted, etc., as follows: 

Chapter one hundred and ninety-four of the General 
Laws, as appearing in the Tercentenary Edition thereof, 
is hereby amended by striking out section seven and in- 
serting in place thereof the following: — Section 7. If, 
after the granting of letters of administration to a public 
administrator and before the final settlement of the estate, 
th« husband, widow or an heir of the deceased, in writing, 
claims the right of administration or requests the appoint- 
ment of some other suitable person to the trust, the probate 
court may, in its discretion, grant letters of administration 
accordingly, or if, after the granting of such letters to a 
public administrator, a will of the deceased is proved and 
allowed, said court shall grant letters testamentary or 
letters of administration with the will annexed. When 
the person to whom such letters are granted gives the bond 
required by law the powers of the public administrator 
over the estate shall cease. Approved March 29, 1933. 

An Act relative to the approval of the form of 

SURVIVORSHIP annuity CONTRACTS AND EXEMPTING 
SUCH CONTRACTS FROM CERTAIN PROVISIONS OF LAW 
RELATIVE TO POLICIES OF LIFE INSURANCE. 

Be it enacted, etc., as follows: 

Section 1. Section one hundred and thirty-two of 
chapter one hundred and seventy-five of the General Laws, 
as appearing in the Tercentenary Edition thereof, is hereby 
amended by striking out the first paragraph and inserting 
in place thereof the following : — 

No policy of hfe or endowment insurance and no annuity, 
survivorship annuity or pure endowment contract shall 
be issued or delivered in the commonwealth 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 have approved the form of the pohcy 
or contract in writing; nor if the commissioner notifies the 
company in writing, within said thirty days, that in his 
opinion the form of the poUcy or contract does not comply 
with the laws of the commonwealth, specifying his reasons 
therefor, provided that such action of the commissioner 
shall be subject to review by the supreme judicial court; 
nor shall any such policy or contract, except policies of 



Acts, 1933. — Chap. 101. 105 

industrial insurance, on which the premiums are payable 
monthly or oftener, and except annuity or pure endow- 
ment contracts, whether or not they embody an agreement 
to refund to the estate of the holder upon his death or to 
a specified payee any sum not exceeding the premiums paid 
thereon with compound interest, and except survivorship 
annuity contracts, be so issued or delivered unless it con- 
tains in substance the following : 

Section 2. Section one hundred and forty of said g. l. (Ter. 
chapter one hundred and seventy-five, as so appearing, ^'{Iq^'^^' 
is hereby amended by striking out the first sentence of the amended. 
third paragraph and inserting in place thereof the fol- 
lowing : — This section shall not apply to annuity, sur- 
vivorship annuity or pure endowment contracts, nor to 
any domestic stock life company issuing only non-partici- 
pating policies, — so that said third paragraph will read 
as follows: — 

This section shall not apply to annuity, survivorship Annual divi- 
annuity or pure endowment contracts, nor to any domestic prorfaionsof 
stock life company issuing only non-participating policies, f °'^|°''t^°er*-° 
A foreign life company which does not provide in every tain contracts 
participating policy hereafter issued or delivered in the °^ 'nsurance. 
commonwealth that the proportion of the surplus accruing 
upon said poHcy shall be ascertained and distributed 
annually and not otherwise, except as hereinafter provided, 
either by payment in cash of the amount apportioned to 
a policy, or by its appUcation to the payment of premiums 
or to the purchase of paid-up additions, or for the ac- 
cumulation of the amounts from time to time apportioned, 
said accumulations to be subject to withdrawal by the 
policyholder, shall not be permitted to do new business 
within the commonwealth. 

Section 3. Section one hundred and forty-four of g. l. (Ter. 
said chapter one hundred and seventy-five, as so ap- f 144/^^' 
pearing, is hereby amended by striking out the last para- amended. 
graph and inserting in place thereof the following : — 

This section shall not apply to annuity or pure endow- Provisions of 
ment contracts with or without return of premiums, or of tfve'tocalh" 
premiums and interest, whether simple or compound, or ^^^'g'"^^^ 
to survivorship annuity contracts or survivorship in- not to apply 
surance policies, and, in the case of a policy providing for contTac^T. 
both insurance and an annuity, shall apply only to that 
part of the policy providing for insurance; but every such 
policy providing for a deferred annuity on the life of the 
insured only shall, unless paid for by a single premium, 
provide that, in the event of the non-payment of any 
premium after three full years' premiums shall have been 
paid, the annuity shall automatically become converted 
into a paid-up annuity for such proportion of the original 
annuity as the number of completed years' premiums 
paid bears to the total number of premiums required 
under the policy. Approved March 29, 1933. 



106 



Acts, 1933. — Chaps. 102, 103. 



Chap. 102 An Act providing for the abolishing of the independ- 
ent INDUSTRIAL SHOEMAKING SCHOOL IN THE CITY OF 
LYNN. 

B&it enacted, etc., as follows: 

Section 1. The Independent Industrial Shoemaking 
School, established in the city of Lynn under chapter one 
hundred and seventy-four of the Special Acts of nine- 
teen hundred and sixteen, is hereby abolished. 

Section 2. Section eleven of chapter seventy-four of 
the General Laws, as appearing in the Tercentenary 
Edition thereof, is hereby amended by striking out, in the 
second line, the words "cities of Lynn and" and inserting 
in place thereof the words : — city of, — so as to read as 
follows: — -Section 11. The counties of Bristol, Essex 
and Norfolk, and the city of Northampton shall, so long 
as their respective schools are approved, be reimbursed by 
the commonwealth as are towns under section nine. 

Section 3. Section twenty-three of said chapter 
seventy-four, as so appearing, is hereby repealed. 

Section 4. This act shall be submitted for acceptance 
to the registered voters of the city of Lynn at its city 
election in the current year in the form of the following 
question which shall be placed upon the official ballot to 
be used at said election: "Shall the Independent Industrial 
Shoemaking School in the city of Lynn be abolished?" If 
a majority of the voters voting thereon vote in the af- 
firmative in answer to said question, this act shall there- 
upon take effect, but not otherwise. 

Approved March 29, 1933. 



Independent 

Industrial 

Shoemaking 

School 

abolished. 



G. L. (Ter. 
Ed.), 74, § 11. 
amended. 



State reim- 
bursement. 



G. L. (Ter. 
Ed.), 74, § 23, 
repealed. 
Acceptance 
of act. 



(7/iar). 103 -^N Act relative to the payment of pensions to fire- 
men IN certain cities. 

Be it enacted, etc., as follows: 

Section eighty-one of chapter thirty-two of the General 
Laws, as appearing in the Tercentenary Edition thereof, 
is hereby amended by inserting after the word "payable" 
in the second line the words: — weekly or, — so as to read 
as follows : — Section 81 . Any permanent member of a 
fire department retired under the preceding section shall 
receive an annual pension, payable weekly or 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 March 29, 1933. 



G. L. (Ter. 
Ed.), 32, § 81, 
amended. 



Amount of 
pension pay- 
able to 

firemen in cer- 
tain cities. 



Acts, 1933. — Chaps. 104, 105. 



107 



An Act relative to the terms of certain notes to be Chap. 104: 

ISSUED BY THE COMMONWEALTH. 

Be it enacted, etc., as follows: 

The terms of the notes which the state treasurer is 
authorized to issue under chapter forty-nine of the acts 
of the current year, creating an emergency finance board 
and defining its powers and duties, shall be for periods 
of years ending not later than November thirtieth, nine- 
teen hundred and thirty-nine, as recommended by the 
governor in a message to the general court dated March 
twenty-seventh, nineteen hundred and thirty-three, in 
pursuance of section three of Article LXII of the amend- 
ments to the constitution. Approved March 30, 1933. 



Chap. 105 



An Act reducing the salary or other compensation 
of state officers and employees. 

Whereas, The deferred operation of this act would defeat Emergency 
its purpose, which is primarily to afford immediate relief preamble. 
to the taxpayers of the commonwealth, therefore it is 
hereby declared to be an emergency law, necessary for the 
immediate preservation of the public convenience. 

Be it enacted, etc., as follows: 

Section 1. The salary of each official and employee in Reduction of 
the service of the commonwealth, whose salary is fixed state' offidais 
in accordance with the standard rates of salary incorporated ^f^ |^- 
in the rules and regulations governing the classification of 
personal service as prepared by the division of personnel 
and standardization of the commission on administration 
and finance and approved by the governor and council, 
and the salary of each official and employee whose salary 
is fixed by or subject to the approval of the governor and 
council or governor in accordance with a schedule of 
standard rates of salary adopted by the governor and 
council or governor, is hereby reduced, if it is fifty-two 
hundred and fifty dollars or under, by an amount equivalent 
to one and one half steps in the salary range established 
for the grade or position which he occupies, and, if it is 
in excess of fifty-two hundred and fifty dollars, by an 
amount equivalent to two steps in the salary range estab- 
lished for the grade or position which he occupies, said 
step, in either case, to be the same as the standard incre- 
ment heretofore used by said division, the governor and 
council or the governor as the basis for increases in salary 
for the particular grade or position. 

The said division is hereby directed to revise said 
schedules of salary ranges to conform to the provisions 
hereof. 

Section 2. The yearly rate of salary of each official Rate of salary 
and employee in the service of the commonwealth whose ^^ '^'='^'°°- 
salary is established otherwise than as set forth in the 



108 



Acts, 1933. — Chap. 105. 



Act to apply 
to certain in- 
stitutions re- 
ceiving con- 
tributions from 
the common- 
wealth. 



"Salary" 
defined. 



Enforcement 
of provisions 
of act. 



Period of 
operation of 
act. 



Act not to 
affect certain 
pension, etc., 
allowances. 



preceding section shall be reduced, if it is fifty-two hundred 
and fifty dollars or under, by an amount equal to ten per 
cent thereof, and, if it is in excess of fifty-two hundred and 
fifty dollars, by an amount equal to fifteen per cent thereof; 
provided, that the salary of each member of the general 
court shall be reduced by an amount equal to ten per cent 
thereof. The provisions of this act shall not apply to 
scrubwomen. 

After the effective date of this act, no further payment 
to any institution which receives from the commonwealth 
contributions in excess of one hundred thousand dollars 
annually shall be made by the commonwealth on account 
of any such contribution unless and until there has been 
filed with the comptroller a certificate by the trustees of 
such institution and by said division that the salary of 
each officer and employee of such institution has been 
reduced in hke manner and amount as provided by this 
section in the case of salaries of officials and employees in 
the service of the commonwealth other than members of 
the general court. 

Section 3. The word "salary", as used in sections one 
and two, shall include all compensation from the com- 
monwealth, however payable and whether or not for full 
time, and in the case of an official or employee whose 
salary is paid in part from funds of the state treasury and 
in part from federal, county, municipal or other funds shall 
mean that part payable from funds of the state treasury. 

Section 4. The said division, the comptroller and the 
state treasurer are hereby directed to enforce the provisions 
of sections one and two. Nothing in said sections shall be 
construed to limit the respective powers of said division 
and officers as now defined by law. 

Section 5. The reduction in salaries provided for by 
this act shall be effective only for the period beginning 
April first in the current year and ending November 
thirtieth, nineteen hundred and thirty-four, except that 
the reduction in salaries of the members of the general 
court shall be effective as of the first Wednesday in January 
of the current year and shall continue only until the end 
of the legislative year of nineteen hundred and thirty-four. 

Section 6. No reduction in salary or compensation 
made by this act shall affect the amount payable, under 
chapter thirty-two of the General Laws or any other 
provision of law, to any officer or employee by way of 
pension, annuity or retirement allowance or the amount 
of any annuity contribution payable by any member of 
the state retirement system. Approved April 3, 1933. 



Acts, 1933. — Chaps. 106, 107. 



109 



An Act placing the office of chief of the fire depart- (JIiqj) \QQ 
ment of the town of weymouth under the civil 
service laws. 

Be it enacted, etc., as follows: 

Section 1. The office of chief of the fire department of 
the town of Weymouth shall, upon the effective date of 
this act, become subject to the civil service laws and rules 
and regulations relating to the permanent members of the 
fire departments of towns, and the tenure 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 to serve as such without taking 
a civil service examination. 

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

Approved April 3, 1933. 



An Act relating to the conditions of admission of QJku) \{yj 

FOREIGN MUTUAL SURETY COMPANIES. 

Be it enacted, etc., as follows: 

Section 1. Section one hundred and fifty-one of g. l. (Ter. 
chapter one hundred and seventy-five of the General Laws, ^"J^^^ ^'^^' 
as appearing in the Tercentenary Edition thereof, is hereby amended, 
amended by striking out all after the word "dollars" in the 
twenty-sixth line down to and including the word "dollars" 
in the thirty-first line, and inserting in place thereof the 
following: — ; or (b), if it proposes to transact business 
under the fourth clause of said section forty-seven, a fully 
paid-up guaranty capital, established in accordance with the 
laws of its home state, unimpaired on the basis fixed by 
sections ten to twelve, inclusive, of not less than two hundred 
thousand dollars and net cash assets, so computed, exclusive 
of said guaranty capital, of not less than one hundred 
thousand dollars, or, if the company has net cash assets, 
so computed, of not less than two million dollars, in lieu 
of such a guaranty capital, a guaranty fund, unimpaired 
as aforesaid, of not less than two hundred thousand nor 
more than five hundred thousand dollars, satisfactory to 
the commissioner, if such fund is legally established under 
the laws of its home state, — by inserting after the word 
"capital" in the fifty-seventh line the words: — or the 
guaranty fund, — and by striking out, in the sixtieth and 
sixty-first lines, the words "such capital" and inserting in 
place thereof the words : — any such capital, guaranty 
fund, — so that clause second will read as follows: — 
Second, It has satisfied the commissioner that (1) it is certain 
fully and legally organized under the laws of its state or ad^ssTno"/ 
government to do the business it proposes to transact; ^"'"ce^^o'^f'^' 
that (2) it has, if a stock company, other than a life com- panics. 
pany, a fully paid-up capital, exclusive of stockholders' 



110 



Acts, 1933. — Chap. 107. 



Certain 
conditions of 
admissian of 
foreign insur- 
ance com- 
panies. 



obligations of any description, unimpaired on the basis 
fixed by sections ten to twelve, inclusive, of an amount 
not less than is required by sections forty-eight and fifty- 
one of domestic stock companies transacting the same 
classes of business; that (3), it has, if a mutual company, 
other than a life company, and (a), if it proposes to trans- 
act business under any one of the clauses of section forty- 
seven, except the fourth, sixth, eleventh, fourteenth or 
fifteenth, or under the first and eighth clauses thereof, 
net cash assets computed on the basis fixed by sections 
ten to twelve, inclusive, at least equal to the amount of 
capital required by sections forty-eight and fifty-one of 
a domestic stock company transacting the same classes 
of business, or net cash assets, so computed, of not less 
than fifty thousand dollars and contingent assets of not less 
than three hundred thousand dollars, or net cash assets, 
so computed, of not less than seventy-five thousand dollars 
and contingent assets of not less than one hundred and fifty 
thousand dollars; or (b), if it proposes to transact business 
under the fourth clause of said section forty-seven, a fully 
paid-up guaranty capital, established in accordance with 
the laws of its home state, unimpaired on the basis fixed 
by sections ten to twelve, inclusive, of not less than two 
hundred thousand dollars and net cash assets, so computed, 
exclusive of said guaranty capital, of not less than one 
hundred thousand dollars, or, if the company has net cash 
assets, so computed, of not less than two million dollars, 
in lieu of such a guaranty capital, a guaranty fund, un- 
impaired as aforesaid, of not less than two hundred thou- 
sand nor more than five hundred thousand dollars, satis- 
factory to the commissioner, if such fund is legally estab- 
lished under the laws of its home state; or (c), if it proposes 
to transact business under the sixth clause of said section 
forty-seven, net cash assets, so computed, of not less than 
two hundred thousand dollars, or net cash assets, so com- 
puted, of not less than one hundred thousand dollars and 
contingent assets of not less than four hundred thousand 
dollars; or (d), if it proposes to transact business under the 
first and second, or under the first, second and eighth 
clauses of said section forty-seven, net cash assets, so 
computed, at least equal to the amount of capital required 
by said sections forty-eight and fifty-one of a domestic 
stock company transacting the same classes of business, 
or net cash assets, so computed, of not less than two hundred 
thousand dollars and contingent assets of not less than 
four hundred thousand dollars, or (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 



Acts, 1933. — Chap. 107. 



Ill 



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 sections forty-eight and fifty-one of a domestic 
stock company transacting the same classes of business, 
or net cash assets, computed as aforesaid, of not less than 
seventy-five thousand dollars, and contingent assets of 
not less than one hundred and fifty thousand dollars, for 
each clause under which it proposes to transact business, 
in addition, in any case, to the guaranty capital or the 
guaranty fund and net cash assets required by (b) hereof 
if it proposes to transact business under said fourth clause, 
and in addition to the net cash or net cash and contingent 
assets required by (c) hereof if it proposes to transact 
business under said sixth clause; that (4) any such capital, 
guaranty fund and assets, other than contingent, are well 
invested and available for the payment of losses in the 
commonwealth, that the company is in a sound financial 
condition and that its business policies, methods and 
management are sound and proper; and (5) that it insures 
in a single risk wherever located an amount no larger than 
one tenth of its net assets except as provided in section 
twenty-one. 

Section 2. Section five of said chapter one hundred 
and seventy-five, as so appearing, is hereby amended by 
inserting after the word "capital" the second time it occurs 
in the tenth line, and in the twelfth line, respectively, 
the words: — -or guaranty fund, — by striking out, in the 
fifteenth line, the words "section one hundred and sixty- 
three" and inserting in place thereof the words: — this 
chapter, — and by striking out, in the thirty-seventh 
to the fortieth lines, inclusive, the words: — -"Such com- 
pany or its agents shall not make any contracts, or issue 
any policies, of insurance in the commonwealth after such 
revocation or suspension is effective nor until its license 
is restored by the commissioner.", — so as to read as fol- 
lows: — Section 5. If the commissioner is satisfied, upon 
examination or other evidence submitted to him, that any 
foreign company is insolvent or is in an unsound financial 
condition, or that its business policies or methods are un- 
sound or improper, or that its condition or management 
is such as to render its further transaction of business 
hazardous to the public or its policyholders, or that it is 
transacting business fraudulently, or that its officers or 
agents have refused to submit to an examination under 
section four or to perform any legal obligation relative 
thereto or that the amount of its funds, net cash or con- 
tingent assets is deficient or that its capital stock or deposit 
or guaranty capital or guaranty fund is impaired, as set 
forth in section twenty-three A, or that such capital stock, 
deposit or guaranty capital or guaranty fund has been 



Certain 
conditions of 
admission of 
foreign insur- 
ance com- 
panies. 



G. L. (Ter. 

Ed), 175. 

§ 5, amended. 



Revocation of 
authority of 
foreign in- 
surance com- 
panies. 



112 



Acts, 1933. — Chap. 107. 



Petitions for 
review. 



G. L. (Ter. 

Ed.). 175, 

§ 6, amended. 



Certain do- 
mestic insur- 

g.npe corn- 



reduced below the amount required by section one hundred 
and fifty-one, he shall revoke the license issued to said 
company under section one hundred and fifty-one and the 
licenses issued to all of its agents under this chapter; or, 
if he is satisfied, as aforesaid, that any foreign company 
has violated any provision of law or has failed to comply 
with its charter, he may revoke such licenses or suspend 
them for a period not exceeding the unexpired terms thereof. 
He shall give written notice to the company specifying the 
date on which such revocation or suspension shall be ef- 
fective, the term of any such suspension and the ground 
for such revocation or suspension; provided, that if the 
ground for revocation or suspension is that the company 
has violated any provision of law or has failed to comply 
with its charter, the effective date of such revocation or 
suspension shall be not less than ten days from the date 
of issue of said notice, and the particulars of such violation 
or failure to comply with its charter shall be specified in 
said notice. Such notice may be served by registered 
mail, sent postage prepaid, addressed to the company at 
its last home office address or, in the case of a company 
described in section one hundred and fifty-five, to its 
resident manager in the United States at his last address, 
appearing on the records of the commissioner. An af- 
fidavit of the commissioner, in such form as he may pre- 
scribe, or of anyone authorized by him to give such notice, 
appended to a copy thereof, that such notice has been 
mailed as aforesaid shall be prima facie evidence that such 
notice has been duly given. He shall also cause notice 
of such revocation or suspension to be published in such 
manner as he may deem necessary for the protection of 
the public. A company aggrieved by a revocation or 
suspension of its license hereunder, may within ten days 
from the effective date of such revocation or suspension 
file a petition in the supreme judicial court for the county 
of SuiTolk for a review of such action of the commissioner. 
The court shall summarily hear and determine the question 
whether the ground for revocation or suspension specified 
in the notice of the commissioner exists and may make 
any appropriate order or decree. If the order or decree 
is adverse to the petitioning company it may within ten 
days therefrom appeal to the full court; and in case of such 
an appeal the revocation or suspension of the license of 
the said company shall continue in full force until the final 
determination of the question by the full court, unless 
vacated by the commissioner during the pendency of such 
appeal. 

Section 3. Section six of said chapter one hundred 
and seventy-five, as so appearing, is hereby amended by 
inserting before the word "is" in the twenty-sixth line the 
words: — or its guaranty fund under section ninety C, — 
so that the first paragraph will read as follows : — If it 
appears to the commissioner that the capital of a domestic 



Acts, 1933. — Chap. 108. 113 

stock company other than a Hfe company is impaired to panies to make 
the extent of one quarter or more on the basis fixed by fapita"^^'"^ 
sections ten to twelve, inclusive, but that the company 
can with safety to the public and its policyholders be 
permitted to continue to transact business, he shall notify 
the company in writing that its capital is legally subject 
to be made good as provided in section sixty-nine. If 
such a company other than a life company shall not within 
three months after receiving such notice satisfy the com- 
missioner that it has fully made good its capital or reduced 
it as provided in section seventy-one, or, if he is satisfied 
that any domestic company is insolvent or in an unsound 
financial condition, or that its business policies or methods 
are unsound or improper, or that its condition or manage- 
ment is such as to render its further transaction of business 
hazardous to the pubhc or to its policyholders or creditors, 
or that it is transacting business fraudulently or that it or its 
officers or agents have refused to submit to an examination 
under section four or seventy-three, or that it has at- 
tempted or is attempting to compromise with its creditors 
on the ground that it is financially unable to pay its claims 
in full, or that, when its assets are less than its liabilities, 
inclusive of unearned premiums but exclusive of capital, 
if any, it has attempted or is attempting to the disad- 
vantage of policyholders who have sustained losses to 
prefer or, has preferred, by reinsurance, pohcyholders who 
have sustained no losses, he shall, or, if he is satisfied that 
any domestic company has exceeded its powers or has 
violated any provision of law, or that the amount of its 
funds, insurance in force or premiums or number of risks 
is deficient or that its guaranty capital under section 
ninety B or its guaranty fund under section ninety C is 
impaired, as set forth in sections twenty-three, seventy- 
four, ninety-three D and one hundred and sixteen, he may, 
apply to the supreme judicial court for an injunction 
restraining it in whole or in part from further proceeding 
with its business. The court may issue a temporary in- 
junction forthwith and may after a full hearing make 
the injunction permanent and may appoint one or more 
receivers to take possession of the property and effects 
of the company and to settle its affairs, subject to such 
rules and orders as the court may prescribe. 

Approved April 3, 1933. 

An Act extending the period of public control and fhrjj^ inc 

MANAGEMENT OF THE EASTERN MASSACHUSETTS STREET ^' 

RAILWAY COMPANY. 

Be it enacted, etc., as follows: 

Section 1. Upon the termination on the fifteenth day Extension of 

of January, nineteen hundred and thirty-four, of the five of^EisterS*"^"' 

year period of the management and control by trustees Massachusetts 

of the Eastern Massachusetts Street Railway Company, waTcom-' 



114 



Acts, 1933. — Chap. 108. 



pany for 
period of five 
years. 



Trustees to be 
appointed by 
governor, etc. 



Certain terms 
defined. 



Time of tak- 
ing effect, etc. 



Proviso. 



hereinafter called the company, under the provisions of 
chapter two hundred and ninety-eight of the acts of nine- 
teen hundred and twenty-eight, the public management 
and control of the company by trustees shall be extended, 
subject to the provisions of said chapter two hundred and 
ninety-eight and of this act, for a period of five years from 
said date. Except as hereinafter otherwise expressly 
provided, the provisions of said chapter two hundred and 
ninety-eight shall remain in full force and effect for such 
further period of five years. 

Section 2. Upon the filing with the state secretary of 
a certified copy of the vote of acceptance provided for in 
section four hereof, trustees shall be appointed and con- 
firmed as provided in section two of said chapter two 
hundred and ninety-eight, with the powers, duties and 
responsibilities set forth in said chapter, for terms of five 
years from the fifteenth day of January, nineteen hundred 
and thirty-four. If upon said date trustees have not been 
appointed and confirmed as aforesaid, the trustees who shall 
hold office on the fourteenth day of said January, under 
the provisions of said chapter two hundred and ninety- 
eight, shall be trustees under the provisions of this act 
until trustees shall have been appointed and confirmed 
under the provisions hereof. The trustees appointed or 
existing under the provisions of this act shall, on said 
fifteenth day of January, nineteen hundred and thirty-four, 
assume the management and control of the company and, 
subject to the provisions of said chapter two hundred and 
ninety-eight and of this act, shall continue to exercise said 
management and control during said period of five years. 

Section 3. For the purposes of this act, the words 
"extended period specified in section one", as used in section 
five of said chapter two hundred and ninety-eight, shall 
include the period of extension granted by this act; the 
words "expiration of the five year period of management 
and operation by trustees as herein provided", as used in 
section eleven of said chapter, shall mean the expiration 
of the period of extension granted by this act; and the 
words "close of the period of management and control by 
trustees as provided for by the special act", as used in 
section nine of said chapter two hundred and ninety-eight, 
shall mean the close of the period of extension granted 
by said chapter two hundred and ninety-eight. 

Section 4. This act shall take effect as of January 
fifteenth, nineteen hundred and thirty-four, except for 
the purpose of its acceptance as hereinafter provided and 
for the purpose of appointing trustees hereunder, upon its 
acceptance by the company given by a vote of the holders 
of not less than a majority of all the stock of the company 
at a meeting held for the purpose, a copy of which vote, 
certified by the clerk of the company, shall be filed with the 
state secretary; provided, however, that this act shall 
become void unless such a certified copy of said vote of 



Acts, 1933. — Chaps. 109, 110. 



115 



acceptance shall be so filed on or before November first, 
nineteen hundred and thirty-three. 

Approved April 3, 1933. 



An Act relative to the braking equipment of certain (Jfiar) 109 

SMALL TRACTORS DESIGNED FOR USE ELSEWHERE THAN 
ON PUBLIC WAYS. 

Be it enacted, etc., as follows: 

Section seven of chapter ninety of the General Laws, g. l. (Ter. 
as most recently amended by chapter fifty-one of the acts ^tc'^'amendld 
of the current year, is hereby further amended by adding 
at the end of the second sentence the words : — ; and 
provided, further, that a tractor having a draw-bar pull 
rating of ten horse power or less and capable of a max- 
imum speed of not more than eighteen miles an hour and 
designed specially for use elsewhere than on the traveled 
part of ways may be operated thereon if equipped with 
a single braking system which shall suffice to stop such 
tractor within a proper distance as aforesaid, — so that 
said second sentence will read as follows : — Every auto- 
mobile shall be provided with at least two braking systems, 
each with a separate means of application, each operating 
directly or indirectly on at least two wheels and each of 
which shall suffice alone to stop said automobile within a 
proper distance as defined in said rules and regulations; 
provided, that if said systems are connected, combined or 
have any part in common, such systems shall be so con- 
structed that a breaking of any one element thereof will 
not leave the automobile without brakes acting directly 
or indirectly on at least two wheels; and provided, further, 
that a tractor having a draw-bar pull rating of ten horse 
power or less and capable of a maximum speed of not more 
than eighteen miles an hour and designed specially for 
use elsewhere than on the traveled part of ways may be 
operated thereon if equipped with a single braking system 
which shall suffice to stop such tractor within a proper 
distance as aforesaid. Approved April 5, 1933. 



Certain 
tractors may 
be equipped 
with a single 
braking 
system. 



An Act further penalizing certain employers who (J/j^t) 110 
fail to keep, or unlawfully refuse to permit the 
inspection or examination of, certain registers 
and records under the minimum wage law, so called. 

Be it enacted, etc., as follows: 

Section eight of chapter one hundred and fifty-one of g. l. (Ter. 
the General Laws, as appearing in the Tercentenary ft.^aitnded. 
Edition thereof, is hereby amended by striking out, in the 
thirteenth and fourteenth lines the words "not less than 
five nor more than fifty" and inserting in place thereof 
the words: — three hundred, — and by striking out, in 
the eighteenth line, the words "superior court" and in- 
serting in place thereof the word : — courts, — so as to 



116 



Acts, 1933. — Chap. 111. 



Register of 
women and 
minors to 
be kept by 
employers. 



read as follows: — Section 8. Every employer of women 
and minors shall keep a register of the names, addresses 
and occupations of all women and minors employed by 
him, together with a record of the amount paid each week 
to each woman and minor, and if the commission shall so 
require, shall also keep for a specified period, not exceeding 
six months, a record of the hours worked by such employees, 
and shall, on request of the commission or of the depart- 
ment of labor and industries, permit the commission or 
any of its members or agents, or the department or any 
duly accredited agent thereof, to inspect the said register 
and to examine such parts of the books and records of 
employers as relate to the wages paid to women and 
minors, and the hours worked by such employees. Any 
employer failing to keep a register or records as herein 
provided, or refusing to permit their inspection or ex- 
amination, shall be punished by a fine of three hundred 
dollars. The commission may also subpoena witnesses, 
administer oaths and take testimony, and require the 
production of books and documents. Such witnesses 
shall be summoned in the same manner and be paid by 
the commonwealth the same fees as witnesses before the 
courts. Approved April 5, 1933. 



ChapAW An Act to modify the requirements for the legality 

OF CERTAIN RAILROAD BONDS FOR INVESTMENT FOR 
SAVINGS BANKS, INSTITUTIONS FOR SAVINGS AND TRUST 
COMPANIES IN THEIR SAVINGS DEPARTMENTS. 



Emergency 
preamble. 



Certain rail- 
road bonds 
legal invest- 
ment for sav- 
ings banks. 



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 the public convenience. 

Be it enacted, etc., as follows: 

Wherever in clauses third and sixteenth of section fifty- 
four of chapter one hundred and sixty-eight of the General 
Laws a number of fiscal years is mentioned, the fiscal years 
beginning in the years nineteen hundred and thirty-one 
and nineteen hundred and thirty-two shall be excluded 
from the count if the inclusion of such years or either of 
them would render the security of any railroad ineligible 
for investment, and all railroad securities which were 
eligible for investment by savings banks on January first, 
nineteen hundred and thirty-one, or have become eligible 
for such investment since that date or shall hereafter, prior 
to April first, nineteen hundred and thirty -four, become 
eligible for such investment, shall continue to be eligible 
for such investment until April first, nineteen hundred and 
thirty-four; provided, however, that the securities of a 
railroad company which has defaulted during the year 
nineteen hundred and thirty-one or which shall have de- 
faulted prior to April first, nineteen hundred and thirty- 



Acts, 1933. — Chap. 112. 



117 



four, in the payment of matured principal or interest or 
any of its mortgage or funded indebtedness shall not be 
eligible for such investment. Approved April 5, 1933. 



Reorganization 
plan of trust 
companies, 
approval of 
commissioner 
of banks. 



An Act facilitating the reorganization of certain (Jhart 112 

TRUST companies AND EMPOWERING CERTAIN HOLDERS ^' 

OF DEPOSITS IN CERTAIN NATIONAL BANKING ASSOCIATIONS 
TO TAKE IN SUBSTITUTION THEREFOR PREFERRED STOCK 
IN SUCH ASSOCIATIONS. 

Whereas, The present banking emergency requires Emergency 
that this act be effective forthwith, therefore it is hereby p''^^'"*^*^- 
declared to be an emergency law, necessary for the im- 
mediate preservation of the public safety and convenience. 

Be it enacted, etc., as follows: 

Section 1. Whenever in the opinion of the com- 
missioner of banks, hereinafter called the commissioner, 
any trust company, organized under general or special 
laws, requires reorganization and a plan for reorganization 
hereunder has been approved by him as fair and equitable 
to all depositors, creditors and shareholders thereof and as 
being in the public interest, such plan may be carried out 
under and subject to the provisions of this act, but nothing 
herein shall preclude a reorganization in any other manner 
authorized by law. Any plan so approved shall become 
effective upon such approval, except that if it involves a 
reduction of amounts due depositors and other creditors it 
shall become effective as provided in section two. 

Section 2. The commissioner, in his discretion, may 
cause the fair value of the assets of any such trust company 
to be ascertained and thereafter determine what, if any, 
reduction of the deposit account or other claim of each 
depositor or creditor must be made in order to restore the 
trust company to a solvent condition and to provide for 
a capital structure in such amount or proportion as the 
commissioner deems advisable, and he may, in his discre- 
tion, approve a plan of reorganization involving such a 
reduction, if such plan meets the conditions required for 
approval under section one. The commissioner shall cause 
at least five days notice of such plan to be given, in such 
manner as he may require, to each depositor and other 
creditor of the trust company who shall not have previously 
assented in writing thereto except those having claims 
which are proposed to be paid in full or to be retained as 
liabilities at their full amounts, of the amount or percentage 
of reduction as so determined. After depositors and other 
creditors of the trust company representing at least two 
thirds in amount of the total deposit and other liabilities 
in its commercial department and in its savings depart- 
ment, respectively, as shown by the books of the trust 
company, except liabilities of depositors and creditors 



Commissioner 
to determine 
fair value of 

assets. 

Reduction of 
deposit ac- 
counts or other 
claims. 



Consent of de- 
positors, 
creditors and 
stockholders 
required. 



118 



Acts, 1933. — Chap. 112. 



Proviso. 



Depositors, 
creditors and 
stockholders 
bound by 
plan. 



Carrying out 
of reorganiza- 
tion plan. 



Enforcement 
of stockholders' 
liability after 
appointment 
of conservator. 



constituting claims as aforesaid, and holders of at least a 
majority of the stock of the trust company outstanding 
and entitled to vote shall have assented in writing to the 
plan, the supreme judicial court for the county where the 
principal office of the trust company is located, on petition 
of the commissioner and after notice to the trust company, 
may authorize or order a reduction of the deposit account 
or other claim of each depositor or creditor in the respective 
departments in such trust company in accordance with the 
plan of reorganization, so as to divide the loss equitably 
among the depositors and other creditors in the respective 
departments aforesaid; provided, that notwithstanding the 
fact that the holders of a majority of the stock of the trust 
company outstanding and entitled to vote shall not have 
assented to the plan approved, the court may authorize 
or order a reduction as aforesaid, and may make such 
further order with respect to such stock or the holders 
thereof as justice and equity may require. The approved 
plan of reorganization as affected by the decree of the court 
shall become effective upon the entry of such decree. 

Section 3. In any reorganization of a trust company 
the plan for which shall have become effective as provided 
herein, all depositors, creditors and stockholders thereof, 
whether or not they shall have assented to such plan, shall 
be fully and in all respects subject to and bound by the 
provisions of such plan, and claims of all depositors, credi- 
tors and stockholders shall be treated as if they had as- 
sented to such plan. The valuation placed upon the assets 
of the trust company by the commissioner shall be final 
and conclusive upon all depositors, creditors and stock- 
holders and all other persons. 

Section 4. When any plan of reorganization becomes 
effective, all books, records and assets of the trust company 
as reorganized shall be disposed of in accordance with 
such plan and the affairs thereof shall be conducted in 
accordance with law and subject to the conditions, restric- 
tions and limitations which may have been prescribed by 
the commissioner. 

Section 5. At any time after a conservator shall have 
been appointed for any trust company as provided in 
section eighty-three of chapter one hundred and seventy- 
two of the General Laws, the commissioner may enforce 
the individual liability of stockholders therein, as described 
in the first sentence of section twenty-four of said chapter 
one hundred and seventy-two, in the manner and subject 
to the provisions set forth in section twenty-four of chapter 
one hundred and sixty-seven of the General Laws, and upon 
order or decree of the supreme judicial court for the county 
where the principal office of the trust company is located 
may compromise or compound the individual statutory 
liability of any or all of the stockholders of such trust 
company, including those who may have subscribed to 
stock or otherwise furnished funds to assist in a reorganiza- 



Acts, 1933. — Chap. 112. 119 

tion hereunder, in an amount or amounts approved by the 
commissioner. In the event of resumption of business 
by a trust company as provided in section twenty-three of 
said chapter one hundred and sixty-seven or section eighty- 
eight of said chapter one hundred and seventy-two, the 
commissioner may retain the right to enforce in behalf 
and for the benefit of the trust company the individual 
liability of its stockholders who shall not have assisted in a 
reorganization hereunder or whose liability shall not have 
been compromised or compounded as hereinbefore provided, 
and may enforce such liability in the manner and subject 
to the provisions set forth in said section twenty-four of 
said chapter one hundred and sixty-seven; and the expense 
of the enforcement thereof shall be paid from the funds of 
the trust company, and any sums collected by the com- 
missioner as a result thereof shall be paid into the trust 
company. 

Section 6. Any trust company reorganizing under Reorganized 
this act or resuming business under section twenty-three pa^nym^' issue 
of chapter one hundred and sixty-seven of the General participating 
Laws or section eighty-eight of chapter one hundred and and preferred 
seventy-two of the General Laws, with the approval of the ^^°'^^- 
commissioner and if authorized by vote of stockholders 
owning a majority of the shares of stock thereof outstanding 
and entitled to vote, at a meeting duly called for the pur- 
pose, may issue participating certificates, and preferred 
stock of a par value of not less than ten dollars per share, 
in such amount or amounts and in such classes, for cash 
or such other good and valuable consideration and subject 
to such provisions, preferences, voting powers, restrictions 
or qualifications as shall be approved by the commissioner, 
and such a trust company may make such amendments 
in its agreement of association or articles of organization, 
if any, as may be necessary for any such purpose; but in 
the case of any newly organized trust company which has 
not yet issued capital stock, the requirement of vote of 
stockholders shall not apply but in such case a vote of a 
majority of the incorporators shall be required. Any or 
all classes of such preferred stock or certificates provided 
for herein may be set up upon the books of such trust com- 
pany in such manner and in such amounts as the commis- 
sioner may approve. 

Section 7. (a) The holders of such preferred stock Preferred 
or certificates shall be entitled to such earned dividends or f°^^^ hoid^M 
interest thereon as the commissioner shall approve, not in entitled to 
excess of six per cent per annum. The holders of any and '^ ^^ ^' 
all classes of such preferred stock or of such certificates 
shall not be held individually responsible as such holders 
for any contracts, debts or engagements of such trust 
company and shall not be liable for assessment to restore 
impairments in the capital of such trust company as now 
provided by law with reference to holders of capital stock. 
The words "common stock" or "capital stock", as used in certain terms 

defined. 



120 



Acts, 1933. — Chap. 112. 



Dividends 
on common 
stock regu- 
lated. 



Commissioner 
of corporations 
and taxation 
to prescribe 
rules and regu- 
lations. 



Certain persons 
and corpora- 
tions au- 
thorized to 
acquire pre- 
ferred stock 
or certificates. 



Stockholders 
or directors' 
meetings au- 
thorized. 



Trust com- 
panies may 
avail them- 
selves of 
benefits of 
federal act. 



this act, shall not include preferred stock or certificates 
issued under this act. 

(6) No dividends shall be declared or paid on common 
stock until the dividends or interest payable on such pre- 
ferred stock and certificates as herein provided shall have 
been paid in full, and if such trust company is placed in 
voluntary liquidation, or a conservator is appointed there- 
for, or the commissioner shall take possession thereof, no 
payments shall be made to the holders of the common 
stock until the holders of all classes of preferred stock or 
such certificates are paid in full together with any declared 
dividends or interest due thereon in accordance with the 
provisions of this act. 

(c) To carry out the provisions of this act, the com- 
missioner of corporations and taxation from time to time 
may prescribe such rules and regulations, relating to the 
filing of said articles of amendment and other instruments, 
as he may deem necessary or desirable, and may fix the 
fee for such filing. 

Section 8. Any bank as defined in section one of 
chapter one hundred and sixty-seven of the General Laws 
with the approval of the commissioner, or the common- 
wealth or any political sub-division thereof, or any chari- 
table or rehgious institution or organization, or any person 
or corporation acting as fiduciary, in addition to all other 
powers conferred upon them by law, may substitute or 
exchange in whole or in part for the equivalent of par value 
of preferred stock or certificates as herein provided of any 
such trust company, their deposits therein, and for the 
equivalent of par value of preferred stock of a national 
banking association in the hands of a conservator or receiver, 
their deposits therein. It shall be lawful for any bank, as so 
defined, with the approval of the commissioner, to acquire, 
hold and dispose of preferred stock and certificates as 
herein provided to the extent of the aggregate par value of 
any common stock of any such trust company owned by 
such bank. 

Section 9. During the time that a trust company 
is in the hands of a conservator appointed under section 
eighty-three of chapter one hundred and seventy-two of the 
General Laws, or in the possession of the commissioner 
under section twenty-two of chapter one hundred and sixty- 
seven of the General Laws, the commissioner may, in his 
discretion, authorize meetings of the stockholders or direc- 
tors thereof to be held for such purposes as he may approve. 

Section 10. Any trust company which is or hereafter 
may become a stockholder in a federal reserve bank within 
the federal reserve district where such trust company is 
situated under the United States "Federal Reserve Act" 
approved December twenty-third, nineteen hundred and 
thirteen, or any acts in amendment thereof, and while such 
trust company continues as a member bank, is hereby 
authorized to exercise such power and do any and all things 



Acts, 1933. — Chap. 113. 



121 



Enforcement 
of act. 



necessary to avail itself of the benefits of the act of congress 
of March ninth, nineteen hundred and thirty-three entitled 
"An Act to Provide Relief in the Existing National 
Emergency in Banking, and for Other Purposes" and any 
acts in amendment thereof, and any other acts of congress 
granting powers to or conferring benefits on such member 
banks now or hereafter passed, without otherwise limiting 
or impairing in any way the authority conferred upon the 
commissioner under the laws of the commonwealth. 

Section 11. The supreme judicial court, or any justice 
thereof, shall have jurisdiction in equity to enforce the 
provisions of this act and to act upon all applications and 
in all proceedings thereunder. 

Section 12. If any provision of this act, or the applica- invalidity of 
tion thereof to any person, firm, corporation or association of°acrn^^to° 
or to any circumstances, is held invalid by any court of ^^®'='^ ■"^^^ °^ 
final jurisdiction, the remainder of this act, and the applica- 
tion of such provision to other persons or circumstances, 
shall not be affected thereby. The right to amend or to 
repeal this act or any provision thereof is hereby reserved 
by the general court. 

Section 13. After the expiration of two years from 
the effective date hereof, no reorganization shall be com- 
menced nor any preferred stock issued under this act. 

Approved April 6, 1933. 



Duration of 
act. 



An Act relative to loan orders for temporary loans (JJkij) \\^ 
in the city of boston. 

Be it enacted, etc., as follows: 

Section 1. Section two of chapter four hundred and 1909. 486, §2, 
eighty-six of the acts of nineteen hundred and nine is amended, 
hereby amended by inserting after the word "first" in 
the twenty-fourth line the words : — , except that in the 
case of loan orders for temporary loans in anticipation of 
taxes the second of said readings and votes may be had 
not less than twenty-four hours after the first, — so as to 
read as follows: — Section 2. The mayor from time to time Mayor of bos- 
may make to the city council in the form of an ordinance re^oSmeSb'^^ 
or loan order filed with the city clerk such recommenda- for°8cho''o?^'^ 
tions other than for school purposes as he may deem to be purposes. 
for the welfare of the city. The city council shall consider 
each ordinance or loan order presented by the mayor and 
shall either adopt or reject the same within sixty days after 
the date when it is filed as aforesaid. If the said ordinance 
or loan order is not rejected within said sixty days it shall 
be in force as if adopted by the city council unless previously 
withdrawn by the mayor. Nothing herein shall prevent 
the mayor from again presenting an ordinance or loan order 
which has been rejected or withdrawn. The city council 
may originate an ordinance or loan order and may reduce 
or reject any item in any loan and, subject to the approval 
of the mayor, may amend an ordinance. All sales of land 



122 



Acts, 1933. — Chap. 114. 



Loan orders 
for temporary 
loans. 



other than school lands, all appropriations for the purchase 
of land other than for school purposes, and all loans voted 
by the city council shall require a vote of two thirds of all 
the members of the city council; and shall be passed only 
after two separate readings and by two separate votes, the 
second of said readings and votes to be had not less than 
fourteen days after the first, except that in the case of loan 
orders for temporary loans in anticipation of taxes the 
second of said readings and votes may be had not less than 
twenty-four hours after the first. No amendment in- 
creasing the amount of land to be sold or the amount to be 
paid for the purchase of land, or the amount of loans, or 
altering the disposition of purchase money or of the pro- 
ceeds of loans shall be made at the time of the second read- 
ing and vote. 

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

Approved April 6, 1933. 



G. L. (Ter. 
Ed.). 84, § 18, 
amended. 



Notice of in- 
jury caused by 
defect in high- 
way, etc. 



C/iap. 114 An Act relative to the notice required to be given to 

COUNTIES, cities, TOWNS AND CERTAIN PERSONS IN CASE 
OF DEFECTS IN PUBLIC WAYS AND ELSEWHERE. 

Be it enacted, etc., as follows: 

Section 1. Chapter eighty-four of the General Laws, 
as appearing in the Tercentenary Edition thereof, is hereby 
amended by striking out section eighteen and inserting in 
place thereof the following: — Section 18. A person so 
injured shall, within ten days thereafter, if such defect or 
want of repair is caused by or consists in part of snow or 
ice, or both, and in all other cases, within thirty days 
thereafter, give to the county, city, town or person by law 
obliged to keep said way in repair, notice of the name and 
place of residence of the person injured, and the time, place 
and cause of said injury or damage; and if the said county, 
city, town or person does not pay the amount thereof, he 
may recover the same in an action of tort if brought within 
two years after the date of such injury or damage. Such 
notice shall not be invalid or insufficient solely by reason of 
any inaccuracy in stating the name or place of residence of 
the person injured, or the time, place or cause of the injury, 
if it is shown that there was no intention to mislead and 
that the party entitled to notice was not in fact misled 
thereby. The words "place of residence of the person 
injured", as used in this and the two following sections, 
shall include the street and number, if any, of his residence 
as well as the name of the city or town thereof. 

Section 2. Section nineteen of said chapter eighty- 
four, as so appearing, is hereby amended by inserting after 
the word "the" the last time it appears in the sixteenth fine 
the words : — name and place of residence of the person 
injured and the, — so as to read as follows: — Section 19. 
Such notice shall be in writing, signed by the person injured 
or by some one in his behalf, and may be given, in the case 



"Place of resi- 
dence" defined. 



G. L. (Ter. 
Ed.), 84, § 19, 
amended. 



Service of 
notice. 



Acts, 1933. — Chap. 114. 



123 



of a county, to one of the county commissioners or the 
county treasurer; in the case of a city, to the mayor, the 
city clerk or treasurer; in the case of a town, to one of the 
selectmen or to the town clerk or treasurer. If the person 
injured dies within the time required for giving the notice, 
his executor or administrator may give such notice within 
thirty days after his appointment. If by reason of physical 
or mental incapacity it is impossible for the person injured 
to give the notice within the time required, he may give 
it within ten days after such incapacity has been removed, 
and if he dies within said ten days his executor or adminis- 
trator may give the notice within thirty days after his ap- 
pointment. Any form of written communication signed 
by the person so injured, or by some person in his behalf, 
or by his executor or administrator, or by some person in 
behalf of such executor or administrator, which contains 
the information that the person was so injured, giving the 
name and place of residence of the person injured and the 
time, place and cause of the injury or damage, shall be 
considered a sufficient notice. 

Section 3. Said chapter eighty-four, as so appearing, g. l. (Xer. 
is hereby further amended by striking out section twenty amen^d * ^^' 
and inserting in place thereof the following: — Section 20. correction of 
A defendant shall not avail himself in defence of any defective 

1 • 1 1 <• notice. 

omission to state in such notice the name or place of 
residence of the person injured, or the time, place or cause 
of the injury or damage, unless, within five days after 
receipt of a notice, given within the time required by law 
and by an authorized person referring to the injuries sus- 
tained and claiming damages therefor, the person receiving 
such notice, or some person in his behalf, notifies in writing 
the person injured, his executor or administrator, or the 
person giving or serving such notice in his behalf, that his 
notice is insufficient and requests forthwith a written notice 
in compliance with law; provided, that if the notice does 
not contain either the place of residence of the person 
injured or the place of residence or business address of the 
person giving or serving the notice on behalf of the person 
so injured, such notice of insufficiency shall not be required, 
and the defendant may avail himself in defence of any 
omission or defect in the notice. If the person authorized 
to give such notice, within five days after the receipt of 
such request, gives a written notice complying with the 
law as to the name and place of residence of the person 
injured, and the time, place and cause of the injury or 
damage, such notice shall have the effect of the original 
notice, and shall be considered a part thereof. 

Approved April 6, 1933. 



124 



Acts, 1933. — Chaps. 115, 116, 117. 



Chap. 115 A.N Act to enable assistant superintendents and 

STEWARDS OF STATE HOSPITALS TO APPROVE ACCOUNTS IN 
CERTAIN CASES. 

Be it enacted, etc., as follows: 

Chapter one hundred and twenty-three of the General 
Laws, as appearing in the Tercentenary Edition thereof, 
is hereby amended by striking out section thirty-two and 
inserting in place thereof the following : — Section 32. 
All accounts for the maintenance of each of the state 
hospitals shall be approved by the superintendent thereof 
or in his absence by the assistant superintendent, or in 
the absence of the superintendent and of the assistant 
superintendent by the steward, or, if the trustees so vote, 
by said trustees or by the chairman or some member desig- 
nated by him, and shall be filed with the comptroller, and 
shall be paid by the commonwealth. Full copies of the 
pay rolls and bills shall be kept at each hospital. 

Approved April 6, 1933. 



G. L. (Ter. 

Ed.), 123, 

§ 32, amended. 



Supervision 
of accounts 
of state 
hospitals. 



Chaj). 11^ An Act relative to the sale of meat and meat products 

CONTAINING CERTAIN PRESERVATIVES. 

Be it enacted, etc., as follows: 

Chapter ninety-four of the General Laws, as appearing 
in the Tercentenary Edition thereof, is hereby amended 
by inserting after section one hundred and fifty-three the 
following new section: — Section 153 A. Whoever himself 
or by his agent sells or offers for sale any meat or meat 
product to which has been added any sulphur dioxide or 
compound thereof shall be punished by a fine of not less 
than fifteen nor more than one hundred dollars. 

Approved April 6, 1933. 



G. L. (Ter. 
Ed.), 94, new 
section after 
§ 153. 

Sulphur 
dioxide not to 
be added to 
meat or meat 
products. 



Chap. 117 -^N ^^^ "TO PREVENT ADVERTISEMENTS TENDING TO DIS- 
CRIMINATE AGAINST PERSONS OF ANY RELIGIOUS SECT, 
CREED, CLASS, DENOMINATION OR NATIONALITY BY PLACES 
OF PUBLIC ACCOMMODATION, RESORT OR AMUSEMENT. 

Be it enacted, etc., as follows: 

Chapter two hundred and seventy-two of the General 
Laws, as appearing in the Tercentenary Edition thereof, is 
hereby amended by inserting after section ninety-two the 
following new section: — Section 92 A. No owner, lessee, 
proprietor, manager, superintendent, agent or employee 
of any place of public accommodation, resort or amuse- 
ment shall, directly or indirectly, by himself or another, 
publish, issue, circulate, distribute or display, or cause to be 
published, issued, circulated, distributed or displayed, 
in any way, any advertisement, circular, folder, book, 
pamphlet, written, or painted or printed notice or sign, 
of any kind or description, intended to discriminate against 



G. L. (Ter. 
Ed.), 272, new 
section after 
§92. 

Advertisements 
tending to 
discrimina- 
tion on account 
of race, color 
or religion, 
prohibited. 



Acts, 1933. — Chaps. 118, 119. 



125 



or actually discriminating against persons of any religious 
sect, creed, class, race, color, denomination or nationality, 
in the full enjoyment of the accommodations, advantages, 
facilities or privileges offered to the general public by such 
places of public accommodation, resort or amusement; 
provided, that nothing herein contained shall be construed 
to prohibit the mailing to any person of a private com- 
munication in writing, in response to his specific written 
inquiry. 

A place of public accommodation, resort or amusement 
within the meaning hereof shall be defined as and shall 
be deemed to include any inn, whether conducted for the 
entertainment, housing or lodging of transient guests, or 
for the benefit, use or accommodation of those seeking 
health, recreation or rest, any restaurant, eating-house, 
public conveyance on land or water or in the air, bathhouse, 
barber shop, theatre and music hall. 

Any person who shall violate any provision of this sec- Penalty. 
tion, or who shall aid in or incite, cause or bring about, in 
whole or in part, such a violation shall be punished by a 
fine of not more than one hundred dollars, or by imprison- 
ment for not more than thirty days, or both. 

Approved April 6, 1933. 



Place of public 
accommoda- 
tion, etc., to 
include inn. 



An Act prohibiting the taking of certain herring or 
alewives from the waters of plymouth harbor, 
kingston bay, duxbury bay and certain waters of 
plymouth bay. 

Be it enacted, etc., as follows: 

Chapter one hundred and thirty of the General Laws, as 
appearing in the Tercentenary Edition thereof, is hereby 
amended by inserting after section forty-eight the following 
new section : — Section 48 A . Whoever takes any herring 
or ale wives less than four inches in length from the waters 
of Plymouth harbor, Kingston bay, Duxbury bay or from 
that part of the waters of Plymouth bay lying westerly of an 
imaginary line drawn from the northeasterly extremity of 
Rocky Point to Gurnet Light, shall be punished by a fine 
of not less than five nor more than fifty dollars. 

Approved April 6, 1933. 



C/iap.ll8 



G. L. (Ter. 
Ed.), 130, 
new section 
after § 48. 

Taking of her- 
ring in certain 
waters of 
Plymouth 
harbor, 
Plymouth, 
Kingston and 
Duxbury bays, 
regulated. 



An Act relative to service by registered mail of Chav.W^ 

NOTICES OF cancellation OF MOTOR VEHICLE LIABILITY 
POLICIES OR BONDS BY THE COMPANIES ISSUING OR EXE- 
CUTING THEM AND TO APPEALS FROM SUCH CANCELLA- 
TIONS. 

Be it enacted, etc., as follows: 

Section 1. Section one hundred and thirteen A of Sj^{T|'"- 
chapter one hundred and seventy-five of the General Laws, § lisA, 
as appearing in the Tercentenary Edition thereof, is hereby amended. 
amended by inserting after the word "That" in the nine- 



126 



Acts, 1933. — Chap. 119. 



Sufficiency of 
notice of can- 
cellation of 
motor vehicle 
liability 
policies or 
bonds. 



teenth line the following : — , except as otherwise provided 
in section one hundred and thirteen D, — by inserting after 
the word "and" in the twenty-sixth line the following: — 
that notice of cancellation sent by the company to the 
insured, by registered mail, postage prepaid, with a return 
receipt of the addressee requested, addressed to him at his 
residence or business address stated in the policy shall be a 
sufficient notice and that an affidavit of any officer, agent 
or employee of the company, duly authorized for the pur- 
pose, that he has so sent such notice addressed as aforesaid 
shall be prima facie evidence of the sending thereof as 
aforesaid ; together with a provision, — and also by strik- 
ing out, in the thirty-fifth line, the word "receiving" and 
inserting in place thereof the words : — the sending of, — 
so that provision numbered (2) will read as follows: — 

(2) That, except as otherwise provided in section one 
hundred and thirteen D, no cancellation of the policy, 
whether by the company or by the insured, shall be valid 
unless written notice thereof is given by the party proposing 
cancellation to the other party and, except when the in- 
tended effective date thereof is the date of expiration of 
the registration of the motor vehicle or trailer covered by 
the poHcy, to the registrar of motor vehicles in such form 
as the department of public works may prescribe, at least 
fifteen days in each case prior to the intended effective 
date thereof, which date shall be expressed in said notice, 
and that notice of cancellation sent by the company to the 
insured, by registered mail, postage prepaid, with a return 
receipt of the addressee requested, addressed to him at his 
residence or business address stated in the policy shall be a 
sufficient notice and that an aflridavit of any officer, agent 
or employee of the company, duly authorized for the pur- 
pose, that he has so sent such notice addressed as aforesaid 
shall be prima facie evidence of the sending thereof as 
aforesaid; together with a provision that, in the event of a 
cancellation by the insured, he shall, if he has paid the 
premium on the policy to the company, or to its agent 
who issued the policy, or to the duly licensed insurance 
broker, if any, by whom the policy was negotiated, be 
entitled to receive a return premium after deducting the 
customary monthly short rates for the time the policy 
shall have been in force, or in the event of cancellation by 
the company, the insured shall, if he has paid the premium 
as aforesaid, be entitled to receive a return premium calcu- 
lated on a pro rata basis; provided, that if the insured after 
the sending of a notice of cancellation by the company 
files a new certificate under section thirty-four H of said 
chapter ninety prior to the intended effective date of such 
cancellation, the fifing of said certificate shall operate to 
terminate the policy on the date of said fifing, and the 
return premium, if any, payable to the insured shall be 
computed as of the date of said fifing, instead of the in*- 
tended effective date of cancellation expressed in the notice 



Acts, 1933. — Chap. 119. 



127 



thereof; and provided further, that if the final effective 
date of a cancellation by the company is fixed by an order 
of the board of appeal on motor vehicle liability policies 
and bonds or of the superior court, or a justice thereof, as 
provided in section one hundred and thirteen D, the return 
premium, if any, payable to the insured shall be computed 
as of such final effective date. 

Section 2. Section one hundred and thirteen D of 
said chapter one hundred and seventy-five, as so appearing, 
is hereby amended by striking out the first paragraph and 
inserting in place thereof the following : — 

Any person aggrieved by the issue by any company, 
or an agent thereof on its behalf, of a written notice pur- 
porting to cancel a motor vehicle liability policy or bond, 
both as defined in section thirty-four A of chapter ninety, 
or by the refusal of any company, or an agent thereof on 
its behalf, to issue such a policy or to execute such a bond as 
surety, may, at any time prior to the intended effective date 
of cancellation expressed in such notice, or within ten days 
after such a refusal, file a written complaint with the com- 
missioner, unless he has secured a certificate, as defined in 
said section thirty-four A, from another company. The 
complaint shall be in such form and contain such informa- 
tion, including the address of the complainant, as the com- 
missioner may prescribe. The complaint, if it relates to 
the issue of a notice of cancellation, shall specify the regis- 
tration number of the motor vehicle or trailer covered by 
the policy or bond and the said intended effective date of 
cancellation or, if it relates to a refusal as aforesaid, the date 
thereof. The board of appeal on motor vehicle liability 
policies and bonds, hereinafter called the board, may allow 
such complaint to be amended. 

Section 3. Said section one hundred and thirteen D, 
as so appearing, is hereby further amended by adding at 
the end thereof the following new paragraph : — 

Any person aggrieved by the cancellation of such a 
policy or bond may file a written complaint with the com- 
missioner within ten days thereafter, unless he has secured 
a certificate, as defined in section thirty-four A of chapter 
ninety, from another company. Such complaint, and all 
proceedings, findings and orders thereon, appeals therefrom 
and decrees on such appeals shall, except as hereinafter 
provided, be subject to all the foregoing provisions of this 
section which are applicable in case a person is aggrieved 
by the issue of a notice of cancellation. The filing of 
such a complaint shall not affect the operation of the can- 
cellation. The commissioner shall not transmit an at- 
tested copy of such a complaint to the registrar of motor 
vehicles. If the board finds in favor of the complainant 
on such a complaint, the order shall, unless the policy or 
bond will sooner expire, effect the reinstatement of the 
policy or bond on a date to be specified in such order which 
shall not be earlier than the date on which the written 



G. L. (Ter. 
Ed.). 175, 
§ 113D, 
amended. 



Proceedings on 
complaints 
relative to 
cancellations or 
refusal of com- 
panies to issue 
policies or 
bonds. 



G. L. (Ter. 
Ed.), 175. 
§ 113D, 
amended. 

Same subject. 
Appeal to com- 
missioner of 
insurance. 



128 



Acts, 1933. — Chap. 119. 



G. L. (Ter. 
Ed.), 90, §34H, 
amended. 



Revocation of 
registration 
upon cancella- 
tion of policy 
or bond, etc. 
Exceptions. 



memorandum of the finding and order is filed in the office 
of the commissioner, and the poHcy or bond shall again be in 
full force and effect from the date so specified, but not 
beyond its date of expiration in any case, pending the decree 
of the superior court or a justice thereof if the company 
takes an appeal from such a finding and order. Such a 
decree reversing a finding and order of the board in favor 
of the company on such a complaint shall order that the 
policy or bond be reinstated, and such a decree reversing 
a finding and order in favor of the complainant shall order 
that the policy or bond be cancelled; and such a decree of 
reinstatement or cancellation shall, unless the policy or bond 
has expired or will sooner expire, specify a date not earlier 
than five days from the entry thereof, upon which the rein- 
statement or cancellation shall be effective. 

Section 4, Section thirty-four H of chapter ninety 
of the General Laws, as appearing in the Tercentenary 
Edition thereof, is hereby amended by inserting after the 
word "seventy-five" in the sixteenth line the words: — 
that he is aggrieved by the issue of such notice, — by 
striking out, in the nineteenth line, the word "thereunder" 
and inserting in place thereof the words : — from such 
order, — and by inserting after the word "appeal" in the 
twenty-first line the following : — , or as specified in such 
a decree ordering a cancellation of such a policy or bond 
after its reinstatement by said board of appeal, — so that 
the first paragraph will read as follows : — 

In the event that the registrar receives written notice, 
in conformity with section one hundred and thirteen A of 
chapter one hundred and seventy-five, from the owner of a 
motor vehicle cancelling the motor vehicle liability policy 
or bond covering the same, he shall revoke the registration 
of such motor vehicle on the effective date of the cancella- 
tion as specified in such notice unless not later than two 
days prior to such effective date the registrar shall have 
received a new certificate covering the same motor vehicle. 
The registrar shall, forthwith upon receiving written notice 
in conformity with said section one hundred and thirteen A 
from an insurance or surety company purporting to cancel 
such a policy or bond issued or executed by it, give written 
notice to the owner of the motor vehicle covered by said 
policy or bond that the registration thereof will be revoked 
as of the final effective date of the cancellation as specified 
in the notice given by such company in case the owner does 
not file a complaint under section one hundred and thirteen 
D of said chapter one hundred and seventy-five that he is 
aggrieved by the issue of such notice, or as specified in an 
order of the board of appeal on motor vehicle liability 
policies and bonds affirming such cancellation under said 
section one hundred and thirteen D in case the owner does 
not claim an appeal from such order, or as specified in a 
decree of the superior court or a justice thereof affirming 
such cancellation on -uch appeal, or as specified in such a 



Acts, 1933. — Chap. 120. 



129 



decree ordering a cancellation of such a policy or bond 
after its reinstatement by said board of appeal, unless not 
later than two days prior to such effective date as finally 
specified the registrar shall have received a new certificate 
covering the same motor vehicle. 

Section 5. Said section thirty-four H, as so appearing, 
is hereby further amended by inserting after the third 
paragraph the following new paragraph : — 

The registrar shall, upon receipt of an attested copy of a 
finding and order of said board of appeal, or of a decree of 
the superior court or a justice thereof, ordering the rein- 
statement of a motor vehicle liability policy or bond, forth- 
with rescind the revocation of the registration of the motor 
vehicle covered thereby. 

Section 6. The provisions of this act shall not apply 
with respect to motor vehicle liability policies and bonds, 
both as defined in section thirty-four A of chapter ninety 
of the General Laws, as appearing in the Tercentenary 
Edition thereof, issued or executed in connection with the 
registration of motor vehicles or trailers under said chapter 
ninety for operation during any part of the current year. 

Approved April 6, 1933. 



G. L. (Ter. 
Ed.), 90, § 34H, 
amended. 



Revocation of 
registration of 
motor vehicle 
to be rescinded 
in certain 
cases. 



Act not to 
apply during 
current year. 



An Act authorizing and regulating the manufacture, Qhap. 120 

TRANSPORTATION AND SALE OF WINES AND MALT BEV- 
ERAGES. 

Whereas, The deferred operation of this act would in Emergency 



part defeat its purpose to enable the people of the common- 
wealth to take immediate advantage of certain legislation 
by congress amending the laws enacted to enforce the 
eighteenth amendment to the constitution of the United 
States, therefore this act is hereby declared to be an emer- 
gency law, necessary for the immediate preservation of the 
public health and convenience. 

Be it enacted, etc., as follows: 

Section 1. Section seventeen of chapter six of the 
General Laws, as most recently amended by section one 
of chapter three hundred and five of the acts of nineteen 
hundred and thirty-two, is hereby further amended by 
inserting after the word "board" in the seventh line the 
words: — , the alcoholic beverages control commission, — 
so as to read as follows: — Section 17. The armory com- 
missioners, the art commission, the commission on ad- 
ministration and finance, the commissioner of state aid and 
pensions, the commissioners on uniform state laws, the 
public bequest commission, the state ballot law commis- 
sion, the board of trustees of the Soldiers' Home in Massa- 
chusetts, the milk regulation board, the alcoholic beverages 
control commission and the trustees of the state library 
shall serve under the governor and council, and shall be 



preamble. 



G. L. (Ter. 
Ed.), 6. § 17, 
etc., amended. 



Alcoholic 
beverages 
control com- 
miasion to 
serve under 
governor 
and council. 



130 



Acts, 1933. — Chap. 120. 



G. L. (Ter. 
Ed.), 6, three 
new sections 
at end thereof. 

Alcoholic 
beverages 
control com- 
mission, 
appointment, 
term and 
salary of 
members. 



Duties of the 
commission. 



Annual 
report. 



Secretary to 
commission, 
clerical, etc., 
assistance. 



subject to such supervision as the governor and council 
deem necessary or proper. 

Section 2. Said chapter six, as appearing in the Ter- 
centenary Edition thereof, is hereby amended by adding 
at the end thereof the following three new sections : — 
Section 43. There shall be a commission to be known as 
the alcoholic beverages control commission, to consist 
of three members, to be appointed by the governor, with 
the advice and consent of the council. Not more than two 
of such members shall be members of the same pohtical 
party. Said members shall be designated in their initial 
appointments to serve for one, two and three years, respec- 
tively. The governor shall designate one of the members 
as chairman. Upon the expiration of the term of office of 
a member, his successor shall be appointed in the manner 
aforesaid for three years. The chairman shall receive a 
salary not to exceed five thousand dollars and each other 
member shall receive a salary not to exceed four thousand 
dollars. The governor may, with like advice and consent, 
remove any such member and fill any vacancy for the 
remainder of the unexpired term. 

Section 44- The commission shall have general super- 
vision of the conduct of the business of manufacturing, 
importing, exporting, storing, transporting and selling 
wines and malt beverages and also of the quality and purity 
thereof. 

The commission shall submit to the governor and to 
the general court as soon as may be after the end of each 
state fiscal year a full report of its action and of the conduct 
and condition of traffic in alcoholic beverages during such 
year, together with recommendations for such legislation 
as it deems necessary or desirable for the better regulation 
and control of such traffic and for the promotion of tem- 
perance in the use of such beverages. The members shall 
receive their necessary traveling and other expenses incurred 
while in the performance of their official duties. 

Section 45. The commission may appoint and remove, 
and fix the compensation of, a secretary, with the approval 
of the governor and council. It may expend for such 
clerical and other assistance as may be necessary for the 
performance of its duties such amounts as may be appro- 
priated. Each member of the commission, and each of its 
employees having access to moneys received by it, shall 
give to the state treasurer a bond for the faithful perform- 
ance of his duties in a penal sum and with sureties approved 
by the governor and council. 



Certain words 
as used in act, 
defined. 



DEFINITIONS. 



Section 3. In this act, unless the context otherwise 
requires, the following words shall have the following 
meanings : — 

"Commission", the alcoholic beverages control commis- 



Acts, 1933. — Chap. 120. 131 

sion established under section forty-three of chapter six Certain words 

,. , T y^ ^ T as iised in act, 

of the General Laws. defined. 

"Alcohohc beverages", any hquid intended for human 
consumption as a beverage and containing one half of one 
per cent or more of alcohol by volume. 

"Wines", all fermented alcoholic beverages made from 
fruits, flowers, herbs or vegetables, other than cider made 
from apples, and containing not more than three and two 
tenths per cent of alcohol by weight. 

"Malt beverages", all alcoholic beverages manufactured 
or produced by the process of brewing or fermentation of 
malt, with or without cereal grains or fermentable sugars, 
or of hops, and containing not more than three and two 
tenths per cent of alcohol by weight. 

"Hotel", a building or part of a building owned or leased 
and operated by a person holding a duly issued and vahd 
license as an innholder, under the provisions of chapter 
one hundred and forty of the General Laws and provided 
with adequate and sanitary kitchen and dining room equip- 
ment and capacity for preparing, cooking and serving suit- 
able food for its guests, including travelers and strangers 
and its other patrons and customers, and in addition 
meeting and complying with all the requirements imposed 
upon innholders under said chapter one hundred and forty. 

"Restaurant", space, in a suitable building, leased or 
rented or owned by a person holding a duly issued and 
valid license as a common victualer under the provisions 
of said chapter one hundred and forty, and provided with 
adequate and sanitary kitchen and dining room equipment 
and capacity for preparing, cooking and serving suitable 
food for strangers, travelers and other patrons and cus- 
tomers, and in addition meeting and complying with all 
the requirements imposed upon common victualers under 
said chapter one hundred and forty. 

"Club", a corporation organized or chartered for any 
purpose described in section two of chapter one hundred 
and eighty of the General Laws, whether under federal or 
state law, including any body or association lawfully 
operating under a charter granted by a parent body so 
organized or chartered, and including also any organization 
or unit mentioned in clause twelfth of section five of chapter 
forty of the General Laws, owning, hiring, or leasing a 
building, or space in a building, of such extent and char- 
acter as may be suitable and adequate for the reasonable 
and comfortable use and accommodation of its members; 
provided, that such club files with the local licensing authori- 
ties and the commission annually within the first ten days 
of February in each year a list of the names and resi- 
dences of its officers; and provided, further, that its affairs 
and management are conducted by a board of directors, 
executive committee, or similar body chosen by the mem- 
bers at its annual meeting, and that no member or any 
officer, agent or employee of the club is paid, or directly 



132 



Acts, 1933. — Chap. 120. 



Certain words QT indirectlv leceives in the form of salary or other com- 
as used in act, .. me l^ t •*;• i p 

defined. pensation, any pronts irom the disposition or sale of 

alcoholic beverages to the members of the club or its guests 
introduced by members beyond the amount of such salary 
as may be fixed and voted annually within two months 
after January first in each year by the members or by its 
directors or other governing body and as reported by the 
club to the local licensing authorities and the commission 
within three months after such January first, and as shall 
in the judgment of the local licensing authorities and the 
commission be reasonable and proper compensation for the 
services of such member, officer, agent, or employee. 

"Local hcensing authorities", the licensing boards and 
commissions established in any city or town under special 
statute or city charter, or under section four of chapter 
one hundred and thirty-eight of the General Laws, or cor- 
responding provisions of earlier laws, or, in a city having 
no such board or commission, a board appointed by the 
mayor without confirmation by the aldermen and in 
accordance with the provisions of said section four, or, in 
default of such appointment, the aldermen, or, in a town 
having no such board or commission, the selectmen. In 
any city having a licensing board established under said 
section four or corresponding provisions of earlier laws, 
section seven of said chapter one hundred and thirty-eight 
shall be applicable to such board during such time as 
licenses are authorized to be issued therein under this act 

"Licensing authorities", the commission or the local 
licensing authorities, or both, as the case may be. 



SALE OF WINES AND MALT BEVERAGES TO BE DRUNK ON 
THE PREMISES. 

^jcenses^to Section 4. Any common victualer duly licensed under 

wines and chapter one hundred and forty of the General Laws to 

t^'^bed^rlfnk^^^ conduct a restaurant in any city or town wherein the 

tobelssued'tr granting of licenses to sell wines and malt beverages is 

common authoRzed undcr this act, and any innholder duly licensed 

victuaiers. under said chapter to conduct a hotel in any such city or 

town, may be licensed by the local licensing authorities 

to sell, between such hours as the local licensing authorities 

may from time to time fix, either generally, or specially 

for each licensee, to travelers, strangers and other patrons 

and customers not under twenty-one years of age, wines 

and malt beverages to be served and drunk only in the 

dining room or dining rooms of the restaurant or hotel, 

and in such other public rooms or areas of a hotel as the 

local licensing authorities may in the case of any hotel 

licensee deem reasonable and proper, and approve in 

writing. No person, firm, corporation, association or 

other combination of persons, directly or indirectly, or 

through any agent, employee, stockholder, officer or other 

person, or any subsidiary whatsoever, doing business 



Acts, 1933. — Chap. 120. 



133 



under the provision already defined as a restaurant, shall 
be granted more than one license in any city or town. 
Such sales may also be made by licensed innholders to 
registered guests occupying private rooms in their hotels, 
respectively. 

During such time as the sale of wines and malt beverages 
is authorized in any city or town under this act, the au- 
thority to grant licenses to innholders and common vict- 
ualers therein shall be vested in the local licensing authori- 
ties. 

Any club in any city or town wherein the granting of 
licenses to sell wines and malt beverages is authorized under 
this act may be hcensed by the local licensing authorities to 
sell such wines and malt beverages to its own members 
only, and also, subject to regulations made by the local 
licensing authorities, to guests introduced by members, 
and to no others. 

The local licensing authorities may determine in the 
first instance, when originally issuing and upon each annual 
renewal of licenses under this section, the amount of the 
hcense fee, in no case less than twenty-five nor more than 
five hundred dollars, except as hereinafter provided, to be 
paid by each licensee respectively. Before issuing a 
license to any applicant therefor under this section, or 
before a renewal of such license, the local licensing au- 
thorities shall cause an examination to be made of the 
premises of the applicant to determine that such premises 
comply in all respects with the appropriate definition of 
section three and that the applicant is not less than twenty- 
one years of age and a person of good character in the city 
or town in which he seeks a license hereunder. Whenever 
in the opinion of the local licensing authorities any appli- 
cant fails to establish to their satisfaction his compliance 
with the above requirements, or any other reasonable re- 
quirements which they may from time to time make with 
respect to licenses under this section or the conduct of his 
business by any licensee hereunder, or fails to maintain 
such compliance, the local licensing authorities may refuse 
to issue or to renew or, if already issued, may, after hearing 
or opportunity therefor suspend, revoke or cancel any license 
to such applicant. In case of suspension, revocation or 
cancellation of a license, no abatement or refund of any 
part of the fee paid therefor shall be made. 

Section 5. A railroad corporation operating any line 
of railroad within the commonwealth may sell, in any 
dining car or club car of a train after leaving and before 
reaching the terminal stops of such train, wines and malt 
beverages to be drunk in such cars, if the commission 
sees fit to issue a license to such railroad corporation, the 
license fee for which shall be not less than twenty-five 
dollars for each car to which it applies. The commission 
may also issue licenses to sell wines and malt beverages 
to the owner or operator of any passenger vessel operating 



Local licensing 
authorities to 
grant licenses. 



Club licenses. 



License fee. 



Suspension, 
etc., of license. 



Railroad and 

steamboat 

licenses. 



134 



Acts, 1933. — Chap. 120. 



Suspension, 
etc., of 
license. 



Licenses to 
certain 
amusement 
places. 



Special license 
for picnics, 
etc. 



Fee. 



Penalties. 



out of any port of the commonwealth, under such regula- 
tions as the commission may prescribe as to the portions 
of the vessel in which the same may be sold to be drunk 
while the vessel is under way. The annual license fee 
for each vessel shall be determined by the commission 
as it shall deem proper in view of the size and capacity of 
the vessel, the nature and frequency of its trips, and other 
features of its business deemed by the commission to be 
pertinent. No sale shall be made on any train before 
starting from or after arriving at a terminal station or 
upon a passenger vessel while tied up in any port of the 
commonwealth. No other license shall be required for the 
sales hereinbefore in this section authorized. Whenever 
in the opinion of the commission any applicant fails to 
establish to its satisfaction his compliance with the above 
requirements, or any other reasonable requirements which 
it may from time to time make with respect to licenses 
under this section or the conduct of his business by any 
licensee hereunder, or fails to maintain such compliance, 
it may refuse to issue or to renew or, if already issued, may 
after hearing or opportunity therefor suspend, revoke or 
cancel any hcense to such applicant. In case of suspen- 
sion, revocation or cancellation of a license, no abatement 
or refund of any part of the fee paid therefor shall be made. 

In a city or town wherein the granting of licenses to sell 
wines and malt beverages is authorized under this act, 
special licenses for the sale thereof may be issued by the 
local licensing authorities to the responsible manager of 
any course of concerts conducted by a corporation organized 
under section two of chapter one hundred and eighty of 
the General Laws, or corresponding provisions of earlier 
laws, or under special law, and furnishing at such concerts 
light refreshments, at tables only, in the building in which 
such concerts are given, and to the responsible manager 
of any banquet or public dinner given or served in any 
building or dining room if the place where such banquet 
or public dinner is given is not one in which the sale of 
such wines and malt beverages is already licensed to be 
made. The local licensing authorities may also grant to 
any responsible organization or individual conducting a 
picnic, barbecue, moonlight excursion, field day or outing 
of any kind in any city or town wherein the sale of wines 
or malt beverages is authorized under this act a special 
license to sell or dispense the same to persons in attendance 
thereon or participating therein. The fees for such special 
licenses shall be fixed from time to time by the local licensing 
authorities and need not be uniform. 

Any person holding a license to sell malt beverages and 
wine to be drunk on the premises, who shall allow any 
adulteration on said premises of malt beverages or wines 
so as to increase their alcoholic content, shall be punished 
by a fine of not less than two hundred nor more than five 
hundred dollars, and such license shall be suspended for 



Acts, 1933. — Chap. 120. 



135 



a period of not less than six months. Any person selHng 
alcohol or intoxicating beverages containing more than 
three and two tenths per cent of alcohol by weight on 
premises of a person licensed to sell malt beverages and 
wines, or any person seUing alcohol or alcoholic beverages 
of the same alcoholic content for the purpose of so adulter- 
ating malt beverages or wines intended to be drunk on 
premises of a person so licensed, or any person so adulter- 
ating or causing to be adulterated malt beverages or wines 
on premises of a person so licensed, shall be punished by 
a fine of not less than two hundred dollars, or by imprison- 
ment for not less than six months, or both. 



SALES OF WINES AND MALT BEVERAGES NOT TO BE DRUNK 

ON THE PREMISES. 

Section 6. The local licensing authorities in any city Retail Ucense 
or town wherein the granting of such licenses is authorized winis a"nd "'" 
under this act may grant a hcense to any suitable apphcant, ™t\o b'e""^*' 
approved by the commission, to sell at retail, in bottles drunk on the 
or other containers, wines and malt beverages not to be p""®™'*®^- 
drunk on the premises. Each license shall describe the 
premises to which it applies, and not more than one location 
shall be included in any hcense. One such license may be Population 
granted in any such city or town for each population unit ""'*' 
of one thousand and for each additional fraction thereof 
up to but not exceeding a population of ten thousand, one 
additional license for each population unit of two thousand 
and for each additional major fraction thereof above a 
population of ten thousand up to but not exceeding a 
population of fifty thousand, and one additional license 
for each population unit of five thousand and for each 
additional major fraction thereof above a population of 
fifty thousand; provided, that one such license may be 
granted in any such town irrespective of population. No 
person, firm, corporation, association, or other combination 
of persons, directly or indirectly, or through any agent, 
employee, stockholder, officer or other person or any 
subsidiary whatsoever, shall be granted, in the aggregate, 
more than three such licenses in the commonwealth, or 
be granted more than one such license in any city or town. 
Any sale of wines or malt beverages shall be conclusively 
presumed to have been made in the store wherein the order 
was received from the customer. The license fee shall be License fee. 
not less than twenty-five nor, except as hereinafter provided, 
more than five hundred dollars for the shop or other place 
of business designated in the license, the amount being 
fixed and subject to change from year to year by the local 
hcensing authorities as they shall deem just and proper 
in view of the location of the licensee's place of business, 
his probable volume of sales, or of his actual volume of 
sales in the previous year. The local licensing authorities 
may prescribe the hours within which the sale of wines and 



136 



Acts, 1933. — Chap. 120. 



Wholesale 
license. 



Fee. 



Manufacturer's 
license. 



Sales by 

manufacturers 

regulated. 



malt beverages may be made by licensees under this 
section and, if the hours so prescribed extend in their 
judgment beyond the usual closing time of estabhshments 
engaged in the same general kind of business in the same 
city or town as the licensee, the local licensing authorities 
may prescribe that no sales of goods, other than wines and 
malt beverages, shall be made by the hcensee during such 
extended period. 

Section 7. The commission may license any suitable 
applicant to sell at wholesale to other licensees in any city 
or town in which the sale is authorized under this act, 
and to transport and deHver to such licensees, wines and 
malt beverages manufactured by any hcensed manu- 
facturer under the provisions of section eight. 

The license fee for each wholesaler of wines or malt 
beverages shall be such sum, not less than two hundred 
and fifty nor more than one thousand dollars, as under the 
circumstances of the licensee's probable volume of sales 
under this section the commission shall deem just and 
proper. 

MANUFACTURE OF WINES AND MALT BEVERAGES. 

Section 8. The commission may issue to individuals, 
and to partnerships composed solely of individuals, who 
are both citizens and residents of the commonwealth, and 
to corporations organized under the laws of this common- 
wealth, hcenses to manufacture wines or malt beverages. 
The commission may issue to any corporation organized 
under the laws of any other state and now engaged in the 
manufacture of wines or malt beverages, and all of the 
factories of which are located within the commonwealth, a 
license for a period of three months from the passage of 
this act, to manufacture wines and malt beverages, and 
such foreign corporation shall, for such period, have the 
right to manufacture and sell wines and malt beverages to 
the same extent as domestic corporations so hcensed. 

Manufacturers of wines or malt beverages may sell the 
same to any licensee holding a valid license granted by the 
licensing authorities for the sale within the commonwealth 
in accordance with the provisions of this act, and may also 
sell wines or malt beverages for export from this common- 
wealth into any state where the sale of the same is not by 
law prohibited, and into any foreign country. All wines 
and malt beverages sold by any manufacturer thereof shall 
be sold and dehvered only in bottles filled and sealed by 
such manufacturer upon his own premises, and in such 
manner, and under such conditions, and with such labels 
or other marks to identify the manufacturer, as the com- 
mission shall from time to time prescribe by regulations; 
provided, that sales of wines and malt beverages may be 
made in kegs, casks or barrels to holders of wholesale 
licenses; and provided, further, that sales of wines and 
malt beverages may be made in kegs, casks or barrels by 



Acts, 1933. — Chap. 120. 



137 



any manufacturer or holder of a wholesale license to any 
common victualer, innholder or club, licensed by the local 
licensing authorities to sell wines and malt beverages 
to be drunk on the premises, if the nature and extent of 
the restaurant, hotel or club business of such licensee is, 
in the judgment of the commission, such as to justify the 
sale by such licensee of wines and malt beverages by draft 
under such conditions as the commission may from time 
to time by regulation prescribe. 

Every licensed manufacturer of any wines or malt 
beverages shall keep such records in such detail and afford- 
ing such information as the commission may from time to 
time prescribe, and shall file with the commission, whenever 
and as often as it may require, duplicates or copies of such 
records, and the commission shall at all times, through its 
designated officers or agents, have access to all books, 
records and other documents of every licensed manufac- 
turer relating to the business which he is licensed hereunder 
to conduct. 

The license fee for each manufacturer of wines or malt 
beverages shall be such sum, not less than five hundred 
nor more than twenty-five hundred dollars, as under the 
circumstances of the licensee's probable volume of sales 
under this section, the capacity of his plant and the loca- 
tion thereof, the commission shall deem just and proper. 

Section 9. The commission may authorize any suit- 
able applicant to sell, and may issue to such applicant a 
foreign manufacturer's agency license for the sale of, wines 
or malt beverages bought from, and shipped into the com- 
monwealth by, a manufacturer of wines or malt beverages 
located in any other state or in a foreign country and may 
authorize the receipt of such shipments to be made in 
casks, barrels, kegs or other containers as well as in bottles, 
in either case bearing such seals or other evidences of 
the identity and origin of the contents as the commission 
may prescribe. Such holders of foreign manufacturers' 
agency licenses may bottle any wines or malt beverages so 
received by them in bulk, but such bottling and the seal- 
ing and labelling of the bottles shall be done only upon 
such premises and under such conditions as the commis- 
sion shall approve. Any such holder of a foreign manu- 
facturer's agency license shall, subject to the approval of 
the commission, be entitled to resell, transport and deliver 
such imported wines or malt beverages in the same manner 
and to the same licensees and subject to the same condi- 
tions and license fees as apply to licensees for the manu- 
facture within the commonwealth of wines or malt bever- 
ages under the provisions of section eight. In order to 
ensure the necessary control of traffic in wines and malt 
beverages for the preservation of the public peace and 
order, the shipment of such wines and malt beverages into 
the commonwealth, except as provided in this section, is 
hereby prohibited. 



Record to be 
kept by 
manufacturer. 



Fee. 



Foreign manu- 
facturer's 
agency license. 



138 



Acts, 1933. — Chap. 120. 



Manufacturers 
and holders of 
foreign manu- 
facturer's 
license to pay 
additional fees. 



Commission to 
issue rulee 
and regula- 
tions. 



Transportation 
of certain 
wines and 
malt beverages, 
regulated. 



ADDITIONAL FEES FOR PRIVILEGE OF MANUFACTURING AND 
SELLING, OR IMPORTING AND SELLING, WINES AND MALT 
BEVERAGES. 

Section 10. Every manufacturer of wines or malt 
beverages and every holder of a foreign manufacturer's 
agency license for the sale thereof shall, in addition to the 
license fees elsewhere provided in this act, be liable for 
and pay to the commonwealth, for the privilege enjoyed 
by him as such manufacturer or foreign manufacturer's 
agency, the sum of one dollar for each and every barrel of 
thirty-one gallons of wine or malt beverages sold within 
the commonwealth by such manufacturer or foreign manu- 
facturer's agency, respectively, or a proportionate amount 
where any other form of container is used. Every person 
subject to this section shall keep a true and accurate ac- 
count of all wines and malt beverages sold by him and shall 
make a return thereof to the commission within ten days 
after the last day of each month, covering his sales during 
such month, and shall at the time of such return make 
payment to the commission of the amount due under this 
section for such sales in such month. The commission is 
hereby authorized to prescribe rules and regulations gov- 
erning the method of keeping accounts, making returns 
and paying the additional fees provided for in this section. 

transportation. 
Section 11. Any resident of the commonwealth may, 
but only for his own use and that of his family and guests, 
transport wines and malt beverages, without any license 
or permit. Retail licensees for the sale of wines and malt 
beverages not to be drunk on the premises and manu- 
facturers of wines or malt beverages and all others holding 
licenses issued by the commission for the sale of wines and 
malt beverages may transport and deliver anywhere in the 
commonwealth wines and malt beverages ordered from and 
sold by them, in vehicles operated under the control of 
themselves or of their employees or agents; provided, that 
the owner of every such vehicle shall have obtained for 
such vehicle from the commission a vehicle permit for the 
transportation of wines and malt beverages. The fee for 
such vehicle permits shall be one dollar each, and the per- 
mits shall be valid for one year from their respective dates 
unless earlier canceled or revoked by the commission. 
Every person operating such a vehicle when engaged in 
such transportation or delivery shall carry the vehicle 
permit for the vehicle operated by him and shall, upon 
demand of any constable, policeman, member of the state 
police, or any employee of the commission or of the registry 
of motor vehicles, produce such permit for inspection, and 
failure to produce such permit shall constitute prima facie 
evidence of unlawful transportation and shall in the dis- 
cretion of the commission be sufficient cause for the revo- 
cation or cancellation of such permit. 



Acts, 1933. — Chap. 120. 



139 



Section 12. Except as provided in the preceding ^'^^ralh-oads'"" 
section, wines and malt beverages may be transported etc.'^^ '^° 
within the commonwealth only by a railroad or steamboat 
corporation, or an individual or corporation regularly and 
lawfully conducting a general express or trucking business, 
and in each case holding a transportation permit in full 
force and effect issued by the commission and valid for one 
year unless earlier canceled or revoked; provided, that 
any such individual or company now doing business in 
the commonwealth shall be considered to be licensed for a 
period of thirty days after the passage of this act. The 
fee for each transportation permit shall be twenty-five 
dollars and shall cover all rolling stock and vehicles of such 
permittee. 

LICENSES FOR THE MANUFACTURE AND SALE, AND PERMITS 
FOR THE TRANSPORTATION AND DELIVERY OF, WINES AND 
MALT BEVERAGES. 

Section 13. The terms "licenses" and "permits", Terms 
wherever employed as substantives in this act, are used -permitl" de^ 
in their technical sense of a license or permit revocable at ^^'^'^ 
pleasure and without any assignment of reasons therefor 
by the licensor, the commonwealth, acting through the 
same officers or agents and under the same delegated 
authority, as authorized the issue of such licenses. The 
provisions for the issue of licenses and permits hereunder 
imply no intention to create rights generally for persons to 
engage or continue in the transaction of the business 
authorized by the licenses or permits respectively, but are 
enacted with a view only to meet the reasonable demand of 
the public for pure wines and malt beverages and, to that 
end, to provide, in the opinion of the local licensing authori- 
ties, an adequate number of places at which the public 
may obtain, in the manner and for the kind of use indicated, 
the different sorts of wines and malt beverages for the sale 
of which provision is made. 

No such hcensee or permittee shall have any vested or 
monetary right in the continuance of his license or permit. 
Whenever it appears by sale of premises in connection 
with which a license has been issued, by probate or bank- 
ruptcy proceedings, or otherwise, that such license has 
acquired any monetary value in excess of J,he license fee, 
the licensing authorities may increase the amount of the 
license fee correspondingly, notwithstanding any maximum 
limitation herein upon fees for that class of licenses, or 
may take other action deemed by them appropriate to 
divest the license of such monetary value or to make such 
value inure to the benefit of the city or town instead of the 
licensee or his estate or his assigns. 

Whenever it shall appear to the local licensing authorities Cancellation of 
that the nature of the business, or of the equipment and lolfoTek'fe'tc'^ 
service, of any hotel, restaurant or club no longer satisfies 
the definition thereof contained in this act, or that the 



License fee 
may be in- 
creased in cer- 
tain cases. 



140 



Acts, 1933. — Chap. 120. 



Term of 
licenses. 



Temporary 
licenses. 



Sales by 
certain manu- 
facturers with- 
out a license 
permitted for 
thirty day 
period. 
Proviso. 



same has become primarily and chiefly a place for the 
sale and consumption of wines or malt beverages, and that 
it is without genuine and substantial patronage for its 
supposed principal purpose of providing food or food and 
lodging, or that wines or malt beverages are being or have 
been sold and served therein over, and drunk by customers 
standing at, a bar or counter except counters equipped with 
stools for the use of patrons, instead of at tables in the 
dining or other rooms and quarters as contemplated by or 
authorized under the provisions of this act, it shall be the 
duty of the local licensing authorities forthwith to cancel 
the license of such hotel, restaurant or club. All licenses 
and permits, unless otherwise in this act provided, shall be 
for the term of one year from their respective dates of 
issue, subject, however, to cancellation or revocation 
within such term; but the licensing authorities may, for 
convenience, provide that all licenses and permits of any 
one class shall expire upon the same date, as specified by 
the licensing authorities, and in any such case the said 
authorities may provide for the payment of the appropriate 
proportional part of any license fees issued in that class. 
The licensing authorities may, however, when first issuing 
licenses under this act, provide that they shall be tem- 
porary only for such less period than one year as the 
licensing authorities may determine in order to enable 
said authorities to make such further and more complete 
investigation of the fitness of applicants to whom such 
temporary licenses are issued, as to the premises in which 
the licensee's business is to be conducted, and for any 
other purposes deemed by the licensing authorities material. 
Such temporary licenses to be issued by the local licensing 
authorities shall become effective on such date, not earlier 
than April seventh in the current year, as the local licensing 
authorities shall designate, but any such temporary licenses 
granted for the sale of wines and malt beverages not to be 
drunk on the premises shall lapse and become void ninety 
days after their respective dates unless in the meantime 
duly approved by the commission. 

Any manufacturer holding a federal permit to manu- 
facture wines or malt beverages may sell, for a period 
not exceeding thirty days after the passage of this act, 
without a licence as otherwise required in this act, wines or 
malt beverages; provided, that when the commission 
issues a license to such manufacturer said license shall take 
effect as of the seventh day of April in the current year or 
as of the date of the passage of this act, if said date of 
passage is subsequent to said seventh day of April. 



Commission 
to make 

regulations. 



REGULATIONS. 



Section 14. The commission may, with the approval 
of the governor and council, make regulations not in- 
consistent with the provisions of this act for clarifying, car- 



Acts, 1933. — Chap. 120. 



141 



rying out, enforcing and preventing violation of, all and 
any of its provisions, and also for inspection of the premises 
and method of carrying on the business of any licensee, 
for insuring the purity, and penalizing the adulteration 
or in any way changing the quality or content, of any wine 
or malt beverage, and for the proper and orderly conduct 
of the licensed business; and every such regulation, when 
so approved, shall be printed in full in one issue of some 
newspaper of general circulation published on the same 
day in each of the cities of Boston, New Bedford, Lowell, 
Worcester, Springfield and Pittsfield, and copies of such 
regulations shall be furnished to each licensee. From 
and after the date of such publication, any such regulation 
made and approved as aforesaid shall have the force and 
effect of law until the following March first, and, if approved 
by the general court, but not otherwise, shall continue 
to have such force and effect until it is set aside by a final 
decree of a court of competent jurisdiction or is amended 
or annulled by the commission. 

The commission shall, at least annually on or before Regulations 
December thirty-first of each calendar year, publish in a published. 
convenient pamphlet form all regulations then in force, 
and shall furnish copies of such pamphlets to every hcensee 
authorized under the provisions of this act to sell wines and 
malt beverages. 

Section 15. It shall be unlawful for any licensee to Extension of 
sell wines or malt beverages not to be drunk on the premises, iTcensees by 
or any proprietor of a restaurant or of a hotel or any club manufacturers, 
duly licensed to sell wines or malt beverages to be drunk ^^^^ 
on the premises, to lend or borrow money, or receive 
credit, directly or indirectly, to or from any manufacturer 
of wines or malt beverages, or to or from any member of 
the family of such a manufacturer, or to or from any stock- 
holder in a corporation manufacturing such wines and 
malt beverages, and for any such manufacturer, or any 
member of the family of such manufacturer, or any stock- 
holder in a corporation manufacturing such wines or malt 
beverages, to lend money or otherwise extend credit, 
except in the usual course of business and for a period 
not exceeding sixty days, directly or indirectly, to any 
such licensee; or to acquire, retain or own, directly or in- 
directly, any interest in the business of any such licensee 
or in the premises occupied by any such hcensee in the 
conduct of the Hcensed business, or in any equipment, 
property or furnishings used on such premises, or for any 
person, firm, corporation or association to acquire, own 
or retain, directly or indirectly, any such interest while 
such person, firm, corporation or association also owns or 
holds or controls a majority interest, as partner, stockholder, 
trustee, or in any other manner or capacity, in the business 
or plant of any manufacturer, wholesaler of wines or malt 
beverages or the holder of a foreign manufacturer's agency 
license. The violation of any of the above provisions of 



142 



Acts, 1933. — Chap. 120. 



this section shall be sufficient cause for the revocation of 
the licenses of all licensees involved in such violation. 



Licenses 
not to be 
issued to 
aliens. 



Manager, etc., 
of corporation 
required to be 
a citizen. 



Act not to 
impair treaty 
rights. 
Certain fees 
to be used 
for old age 
assistance. 



Cities and 
towns to vote 
to grant 
licenses at 
state election. 



ALIENS. 

Section 16. No license for the sale of wines and malt 
beverages shall be issued to any person who is not, at the 
time of his application therefor, a citizen of the United 
States, or to any agent of any such person, or to any 
corporation a majority of whose stockholders are in fact 
aliens, and no person not such a citizen shall be appointed 
as manager or other principal representative of any licensee; 
provided, that any alien, who has applied for and received 
his first naturahzation papers and who satisfies the licensing 
authorities of his bona fide intention to apply for and take 
out his final papers, may in the discretion of the licensing 
authorities be given a license which shall not continue 
or be renewed beyond the date when such final papers are 
obtainable by the apphcant unless he appHes for and takes 
out the same. 

No corporation, organized under the laws of the common- 
wealth or of any other state or foreign country, shall be 
given a license to sell in any manner any wines or malt 
beverages unless such corporation shall have first ap- 
pointed, in such manner as the licensing authorities by 
regulation prescribe, as manager or other principal rep- 
resentative, a citizen of the United States, and shall have 
vested in him by properly authorized and executed written 
delegation as full authority and control of the premises, 
described in the license of such corporation, and of the 
conduct of all business therein relative to wines and malt 
beverages as the licensee itself could in any way have and 
exercise if it were a natural person resident in the common- 
wealth, nor unless such manager or representative is, with 
respect to his character, satisfactory to the licensing 
authorities. 

No provision of this act shall impair any right growing 
out of any treaty to which the United States is a party. 

Section 17. AH fees received by the commission under 
this act shall be paid into the treasury of the common- 
wealth and used for reimbursing, after the expenses of the 
commission have been paid, cities and towns for assistance 
given by them to aged citizens under the provisions of 
chapter one hundred and eighteen A of the General Laws, 
in the manner provided by section three of said chapter, 
and all such fees received by local licensing authorities 
shall be paid monthly into the treasuries of their respective 
cities and towns. 

Section 18. The state secretary shall cause to be placed 
on the official ballot used in the cities and towns at each 
biennial state election the following question: — "Shall 
licenses be granted in this city (or town) for the sale therein 
of wines and malt beverages?" 



Acts, 1933. — Chap. 120. 



143 



If a majority of the votes cast in a city or town in answer 
to the question are in the affirmative, such city or town 
shall be taken to have authorized, for the two calendar 
years next succeeding, the sale in such city or town, of 
wines and malt beverages, subject to the provisions of 
federal law and of this act. 

Section 19. Prior to January first, nineteen hundred 
and thirty-five, and pending the taking, in any manner 
authorized under this act, of the vote in any city or town 
on the question of granting licenses for the sale therein of 
wines and malt beverages, the granting of such licenses and 
the sale of wines and malt beverages under this act shall 
be authorized therein upon the filing with the city or town 
clerk of an order to that effect by the mayor of such city 
or the selectmen of such town, but not otherwise. If a 
vote on such question is not earlier taken in any city or 
town, such vote shall be taken therein at any special state 
election held prior to the next biennial state election, for 
whatever purpose called, or at the next municipal election, 
if any occurs prior to May first, nineteen hundred and 
thirty-four, for whatever purpose called. If no vote on 
such question has been earlier taken in any city or town, 
the city council or the selectmen thereof may, and the 
selectmen of any town, within thirty days after the filing 
with the town clerk of a petition signed by registered 
voters therein equal in number to at least one per cent 
of the whole number of registered voters therein, and 
conforming to the provisions of section thirty-eight of 
chapter forty-three of the General Laws with respect 
to initiative petitions, shall, call a special election therein 
for the purpose of submitting such question, to be held 
not later than May first, nineteen hundred and thirty- 
four. Any vote on such question taken under this section 
shall have the same legal effect, for the period ending on 
December thirty-first, nineteen hundred and thirty-four, 
as a vote at a biennial state election under section eighteen. 

Section 20. No licensee for the sale of wines and malt 
beverages not to be drunk on the premises shall sell, trans- 
port or deliver any such wines or malt beverages on Sundays, 
legal holidays or on any day on which a state or municipal 
election or primary is held in the city or town wherein the 
licensed premises are situated, nor shall there be sold in 
any restaurant any such wines or malt beverages during 
polling hours on any day on which such an election or 
primary is held in the city or town in which such restaurant 
is conducted. 

Section 21. Whoever being licensed under this act 
employs any person under twenty-one in the direct han- 
dling or selling of wines or malt beverages or whoever makes 
a sale of wines or malt beverages to any person under 
twenty-one shall be punished by a fine of not less than 
fifty dollars or by imprisonment for not less than three 
months, or both. 



Act to be 
operative for 
two years if 
accepted in 
any city or 
town. 



Acceptance 
of act by 
cities and 
towns prior to 
state election 
in year 1934. 



Sales by 
certain 
licensees on 
Sundays, etCi 
prohibited. 



Employment 
of minors 
prohibited. 



144 



Acts, 1933. — Chap. 120. 



Rules or regu- 
lations of 
metropolitan 
diBtrict com- 
mission not to 
restrict sales 
in certain cases. 



Analysis of 
wines and 
malt beverages 
by depart- 
ment of public 
health. 



Certificate of 
analysis. 



Section 21A. No rule or regulation made by the 
metropolitan district commission for the government and 
use of the reservations or boulevards under its care shall 
prohibit or restrict the sale of wines or malt beverages in 
any building or place outside the limits of said reservations 
or boulevards if a license for such sale has been granted 
hereunder. 

Section 22. The analyst or assistant analyst of the 
department of public health shall upon request make, 
free of charge, an analysis of all wines and malt beverages 
sent to it by the licensing authorities or by police officers 
or other officers authorized by law to make seizures of 
wines and malt beverages, if the department is satisfied 
that the analysis requested is to be used in connection 
with the enforcement of the laws of the commonwealth. 
The said department shall return to such police or other 
officers, as soon as may be, a certificate, signed by the 
analyst or assistant analyst making such analysis, of the 
percentage of alcohol by weight which such samples of 
wines or malt beverages contain. Such certificate shall 
be prima facie evidence of the composition and quality of 
the wines or malt beverages to which it relates, and the court 
may take judicial notice of the signature of the analyst 
or the assistant analyst, and of the fact that he is such. 

Section 23. A certificate shall accompany each sample 
of wines or malt beverages sent for analysis by an officer 
to the department of public health stating by whom the 
wines or malt beverages were seized, the date of the seizure 
and the name and residence of the officer who seized said 
wines or malt beverages. Said department shall note 
upon said certificate the date of the receipt and the analysis 
of said wines or malt beverages and the percentage of the 
alcohol, as required by the preceding section. Said certi- 
ficate shall be in the following form: 

ss. City of (or Town of) 19 . 

To the Department of Public Health. 

Sirs : — I send you herewith a sample of taken from wine or 

malt beverages seized by me (date) 19 . 

Ascertain the percentage of alcohol it contains, by weight, and 
return to me a certificate herewith upon the annexed form. 

Constable of 
Police Officer of 



Commonwealth of Massachusetts. 

Department of Public Health, 
Boston, 19 . 

This is to certify that the received by this Department with 

the above statement and analyzed by me contains per cent 

of alcohol, by weight 



Received 
Analj'sis made 



19 



19 



Department of Public Health. 

By 

Analyst. 



Acts, 1933. — Chap. 120. 



145 



Section 24. The state secretary shall provide and 
cause officers to be supplied with a suitable number of the 
forms prescribed by the preceding section. The certificate 
of the department of pubhc health, given substantially 
in the form hereinbefore set forth, shall be admitted as 
evidence on trials for the forfeiture of wines and malt 
beverages as to the composition and quahty of the wines 
and malt beverages to which it relates. 

Section 25. No person shall tamper with samples of 
wines or malt beverages taken as provided in section 
fifty-one or alter the statements made upon the forms or 
certificates aforesaid. 

Section 26. Any court or trial justice may cause wines 
and malt beverages which have been seized under this 
act to be analyzed by a competent chemist, and the rea- 
sonable expense thereof, including a fee of not more than 
five dollars for each analysis, shall be taxed, allowed and 
paid like other expenses in criminal cases. 

Section 27. The delivery of wines or malt beverages 
in or from a building, booth, stand or other place, except 
a private dwelling house, or in or from a private dwelling 
house if any part thereof or its dependencies is used as an 
inn, eating house or shop of any kind, or other place of 
common resort, such delivery in either case being to a 
person not a resident therein, shall be prima facie evidence 
that such delivery is a sale. 

Section 28. If two persons of full age make complaint 
to a district court or trial justice that they have reason to 
believe and do believe that wines or malt beverages, de- 
scribed in the complaint, are kept or deposited by a person 
named therein in a store, shop, warehouse, building, 
vehicle, steamboat, vessel or place, and are intended for 
sale contrary to law, such court or justice, if it appears 
that there is probable cause to believe said complaint to be 
true, shall issue a search warrant to a sheriff, deputy sheriff, 
city marshal, chief of poHce, deputy chief of pohce, deputy 
marshal, police officer or constable, commanding him to 
search the premises in which it is alleged that such wines 
or malt beverages are deposited, and to seize such wines or 
malt beverages, the vessels in which they are contained and 
all implements of sale and furniture used or kept and pro- 
vided to be used in the illegal keeping or sale of such wines 
or malt beverages, and securely keep the same until final 
action thereon, and return the warrant with his doings 
thereon, as soon as may be, to a district court or trial justice 
having jurisdiction in the place in which such wines or 
malt beverages are alleged to be kept or deposited. 

Section 29. A warrant shall not be issued for the search 
of a dwelling house, if no tavern, store, grocery, eating 
house or place of common resort is kept therein, or of any 
club, unless one of the complainants makes oath that he 
has evidence that such wines or malt beverages have been 
sold therein or taken therefrom for the purpose of being 



state secretary 
to provide 
forms. 



Tampering 
with samples, 
etc. 



Analysis by 
order of court. 



"Delivery" 
prima facie 
evidence of 
sale in certain 



Search war- 
rants, issue of. 



Search of 
dwelling houses 
and clubs 
regulated. 



146 



Acts, 1933. — Chap. 120. 



Complaint to 
designate 
building to 
be searched. 



Duties of 
officer acting 
under search 
warrant. 



Penalty for 
search without 
warrant. 



Notice of trial 
to determine 
ownership of 
wines, etc., 
seized. 



Contents of 
notice. 



sold by the occupant, or by his consent or permission, 
contrary to law, within one month next before making such 
complaint, and are then kept therein for sale contrary to 
law by the person complained against. Such complainant 
shall state the facts and circumstances which constitute 
such evidence, and such allegations shall be recited in the 
complaint and warrant. 

Section 30. The complaint shall particularly desig- 
nate the building, structure and place to be searched, the 
wines or malt beverages to be seized, the person by whom 
they are owned, kept or possessed and intended for sale, 
and shall allege the intent of such person to sell the same 
contrary to law. The warrant shall allege that probable 
cause has been shown for the issuing thereof; and the place 
to be searched, the wines or malt beverages to be seized, 
and the person beheved to be the owner, possessor, or 
keeper of such wines or malt beverages, intending to sell 
the same contrary to law, shall be designated therein with 
the same particularity as in the complaint and the com- 
plainants shall be summoned to appear as witnesses. 

Section 31. The officer to whom the warrant is com- 
mitted shall search the premises and seize the wines or malt 
beverages described in the warrant, the casks or other 
vessels in which it is contained, and all implements of sale 
and furniture used or kept and provided to be used in the 
illegal keeping or sale of such wines or malt beverages, if 
they are found in or upon said premises, and shall convey 
the same to some place of security, where he shall keep the 
wines or malt beverages and vessels until final action is 
had thereon. 

Section 32. A sheriff, deputy sheriff, city marshal, 
chief of pohce, deputy chief of poKce, deputy or assistant 
marshal, police officer or constable who, without a search 
warrant duly committed to him, searches for or seizes wines 
or malt beverages in a dwelhng shall be punished by a fine 
of not less than five nor more than fifty dollars. 

Section 33. The court or trial justice before whom the 
warrant is returned shall, within twenty-four hours after 
the seizure thereunder of the wines or malt beverages and 
the vessels containing them, issue a notice, under seal, 
and signed by the justice or the clerk of said court, or by 
the trial justice, commanding the person complained 
against as the keeper of the wines or malt beverages seized 
and all other persons who claim any interest therein or in 
the casks or vessels containing the same to appear before 
said court or trial justice, at a time and place therein named, 
to answer to said complaint and show cause why such wines 
or malt beverages and the vessels containing them should 
not be forfeited. 

Section 34. The notice shall contain a description of 
the number and kind of vessels, the quantity and kind of 
wines or malt beverages seized, as nearly as may be, and 
shall state when and where they were seized* It shall, not 



Acts, 1933. — Chap. 120. 147 

less than fourteen days before the time appointed for the 
trial, be served by a sheriff, deputy sheriff, constable or 
poUce officer upon the person charged with being the keeper 
thereof by leaving an attested copy thereof with him per- 
sonally or at his usual place of abode, if he is an inhabitant 
of the commonwealth, and by posting an attested copy on 
the building in which the wines or malt beverages were 
seized, if they were found in a building; otherwise in a 
pubhc place in the city or town in which the wines or malt 
beverages were seized. 

Section 35. If, at the time appointed for trial, said Postpone- 
notice has not been duly served, or other sufficient cause u\^\. ° 
appears, the trial may be postponed to some other day and 
place, and such further notice issued as shall supply any 
defect in the previous notice; and time and opportunity 
for trial and defence shall be given to persons interested. 

Section 36. At the time and place designated in the F9rfeitureof 

,.,, 1-1 • 1 ^ • wines, etc., 

notice, the person complained against, or any person claim- seized on 
ing an interest in the wines or malt beverages and vessel warrant, 
seized, or any part thereof, may appear and make his 
claim verbally or in writing, and a record of his appearance 
and claim shall be made, and he shall be admitted as a 
party to the trial. Whether a claim as aforesaid is made or 
not, the court or trial justice shall proceed to try, hear and 
determine the allegations of such complaint, and whether 
said wines or malt beverages and vessels, or any part 
thereof, are forfeited. If it appears that the wines or malt 
beverages, or any part thereof, were at the time of making 
the complaint owned or kept by the person alleged therein 
for the purpose of being sold in violation of law, the court 
or trial justice shall render judgment that such and so 
much of the wines and malt beverages so seized as were so 
unlawfully kept, and the vessels in which they are con- 
tained, shall, except as hereinafter provided, be forfeited 
to the commonwealth. If a motor vehicle is seized under 
the provisions of this act and is held to be a container or 
implement of sale of wines or malt beverages contrary 
to law, the court or trial justice shall, unless good cause to 
the contrary is shown, order a sale of such motor vehicle 
by public auction and the officer making the sale, after 
deducting the expense of keeping the motor vehicle, the 
fee for the seizure and the cost of the sale, shall pay all 
liens, according to their priorities, which are established, 
by intervention or otherwise, at said trial or in other 
proceedings brought for said purpose, as being bona fide 
and as having been created without the lienor having any 
notice that such motor vehicle was being used or was to be 
used as a container or implement of sale of wines or malt 
beverages contrary to law. The balance, if any, of the 
proceeds of the sale shall be forfeited to the commonwealth 
and shall be paid by said officer into its treasury. All 
liens against any motor vehicle sold under the provisions of 



148 



Acts, 1933. — Chap. 120. 



Disposition of 
forfeited 
wines, etc. 



Wines, etc., 
not forfeited 
to be 
returned. 



Forfeiture of 
furniture, etc. 



Motor vehicles. 



Costs. 



this section shall be transferred from said motor vehicle 
to the proceeds of its sale. 

Section 37. Any wines or malt beverages and vessels 
so forfeited shall, by authority of the written order of the 
court or trial justice, be forwarded to the commissioner of 
public safety, who upon receipt of the same shall notify 
said court or justice thereof. If, in the judgment of the 
commissioner, it is for the best interests of the common- 
wealth that such wines or malt beverages and vessels be 
destroyed, he shall destroy or cause the destruction of such 
wines or malt beverages and vessels, but if, in his judgment 
it is for the best interests of the commonwealth to sell the 
same, he shall cause the same to be sold, or he may deliver 
such wines or malt beverages to any department or agency 
of the commonwealth for medical, mechanical or scientific 
uses; provided, that such sale or delivery shall be in ac- 
cordance with and subject to such federal laws and regula- 
tions as may be applicable. The proceeds of such sales 
shall be paid into the treasury of the commonwealth. 
The officer who serves said order of the court or justice 
shall be allowed therefor fifty cents, but shall not be en- 
titled to receive any traveling fees or mileage on account 
of the service thereof. 

Section 38. If it is not proved on the trial that all or 
part of the wines or malt beverages seized was kept or 
deposited for sale contrary to law, the court or trial justice 
shall issue a written order to the officer having the same in 
custody to return so much thereof as was not proved to 
be so kept or deposited and the vessels in which it is con- 
tained, to the place as nearly as may be from which it 
was taken, or to deliver it to the person entitled to receive 
it. After executing such order, the officer shall return it to 
the court or trial justice with his doings endorsed thereon. 

Section 39. All implements of sale and furniture 
seized under sections twenty-eight and thirty-one shall be 
forfeited and disposed of in the manner provided for the 
forfeiture and disposition of wines and malt beverages; 
but the court or trial justice may, if it is deemed to be for 
the interest of the commonwealth, order the destruction 
or sale of said property by any officer qualified to serve 
criminal process and the proceeds of a sale thereof shall be 
paid over to the county; and said officer shall make return 
of the order for such destruction or sale and his doings 
thereon to the court or justice issuing the same. The 
provisions of this section shall not apply to a motor vehicle 
if seized and held to be an implement of sale as aforesaid, 
but the disposition of such a motor vehicle shall be governed 
by the provisions of section thirty-six. 

Section 40. If no person appears and is admitted as 
a party as aforesaid, or if judgment is rendered in favor 
of all the claimants who appear, the cost of the proceedings 
shall be paid as in other criminal cases. If only one party 
appearing fails to sustain his claim, he shall pay all the 



Acts, 1933. — Chap. 120. 



149 



costs except the expense of seizing and keeping the wines 
and malt beverages, and an execution shall be issued 
against him therefor. If judgment is rendered against 
two or more claimants of distinct interest in the wines and 
malt beverages, the costs shall, according to the discretion 
of the court or trial justice, be apportioned among such 
parties, and executions shall be issued against them 
severally. If such execution is not forthwith paid, the 
defendant therein named shall be committed to jail, and 
shall not be discharged therefrom until he has paid the 
same and the costs of commitment, or until he has been 
imprisoned thirty days. 

Section 41. A claimant whose claim is not allowed as Appeal 
aforesaid, and the person complained against, shall each 
have the same right of appeal to the superior court as if 
he had been convicted of crime; but before his appeal is 
allowed he shall recognize to the commonwealth in the 
sum of two hundred dollars, with sufficient surety or 
sureties, to prosecute his appeal to the superior court and 
to abide the sentence of the court thereon. Upon such 
appeal, any question of fact shall be tried by a jury. On 
the judgment of the court after verdict, whether a forfeiture 
of the whole or any part of the wines or malt beverages 
and vessels seized, or otherwise, similar proceedings shall 
be had as are directed in the five preceding sections. 

Section 42. A mayor, alderman, selectman, deputy 
sheriff, chief of police, deputy chief of police, city marshal, 
deputy or assistant marshal, police officer or constable, 
in his city or town, or, in the county of Dukes or Nantucket, 
the sheriff anywhere within his county, may without a 
warrant arrest any person whom he finds in the act of 
illegally manufacturing or selling, transporting, distributing 
or delivering wines or malt beverages, and seize the wines 
or malt beverages, vessels and implements of sale in the 
possession of such person, and detain them until warrants 
can be procured against such person, and for the seizure of 
said wines or malt beverages, vessels and implements, 
under this act. Such officers shall enforce or cause to be 
enforced the penalties provided by law against every person 
who is guilty of a violation of any law relative to the sale 
of wines or malt beverages of which they can obtain reason- 
able proof. 

Section 43. A complaint or indictment for the viola- 
tion of any provision of law relative to wines or malt bever- fe°u[at"ed°" 
ages shall not, unless the purposes of justice require such 
disposition, be placed on file or disposed of except by trial 
and judgment according to the regular course of criminal 
proceedings. It shall be otherwise disposed of only upon 
motion in writing stating specifically the reasons therefor 
and verified by affidavit if facts are relied on. If the court 
or magistrate certifies in writing that he is satisfied that 
the cause relied on exists and that the interests of public 



Arrest without 
warrant in 
certain eases. 



Disposition of 



150 



Acts, 1933. — Chap. 120. 



Licensing 
authorities to 
be notified of 
conviction. 



Owner of 
building to be 
notified of 
conviction. 



Forms for 
prosecution. 



Wines, etc., 
illegally kept, 
etc., common 
nuisances. 



Clubs used for 
selling wines, 
etc., common 
nuisances. 



Penalty. 



Illegal sale, 
etc., of wines, 
etc., pro- 
hibited. 



Penalty. 



justice require the allowance thereof, such motion shall be 
allowed and said certificate shall be filed in the case. 

Section 44. Upon the conviction of a holder of a 
license or permit under this act of the violation of any law 
relative to the business he is licensed or permitted to pur- 
sue, the court in which or the magistrate before whom he 
has been convicted shall send to the authorities which 
issued the license or permit a certificate under seal, show- 
ing the time and place of such conviction. 

Section 45. Upon the conviction of a person of the 
illegal keeping or sale of wines or malt beverages, the court 
or magistrate by whom he has been convicted shall issue 
and cause to be served upon the owner of the building, or 
agent of such owner in charge of the building, used for such 
illegal keeping or sale, if he resides within the common- 
wealth and is not the person so convicted, a written notice 
that the tenant of said building has been convicted as afore- 
said; and a return thereof shall be made to the court or 
magistrate issuing it. Such notice, so served, shall be 
deemed to be due and sufficient notice under section twenty 
of chapter one hundred and thirty-nine of the General Laws. 

Section 46. The forms heretofore in use may continue 
to be used in prosecutions under this act, and if substan- 
tially followed shall be deemed sufficient to fully and 
plainly, substantially and formally describe the several 
offences in each of them set forth, and to authorize the 
lawful doings of the officers acting by virtue of the war- 
rants issued in substantial conformity therewith; but this 
section shall not exclude the use of other suitable forms. 

Section 47. All wines and malt beverages which are 
kept for sale contrary to law and the implements and 
vessels actually used in selling and keeping the same are 
declared to be common nuisances. 

Section 48. All buildings or places used by clubs for 
the purpose of selling, distributing or dispensing wines or 
malt beverages to their members or others shall be deemed 
common nuisances unless duly licensed under this act. 
Whoever keeps or maintains, or assists in keeping or main- 
taining, such a common nuisance shall be punished by a 
fine of not less than fifty nor more than one hundred dollars 
and by imprisonment for not less than three nor more than 
twelve months. 

Section 49. No person shall manufacture, sell, or ex- 
pose, or keep for sale, or transport, wines or malt bever- 
ages, except as authorized in this act. 

Section 50. A violation by any person of any pro- 
vision of this act for which a specific penalty is not pro- 
vided or a violation by a hcensee of any provision of his 
license or of any regulation made under authority of this 
act shall be punished by a fine of not less than fifty nor 
more than five hundred dollars or by imprisonment for not 
less than one nor more than six months. 



Acts, 1933. — Chap. 120. 151 

Section 51. The licensing authorities or their agents ^^^^^^^/j^fg^ 
may at any time enter upon the premises of a person who may enter 
is hcensed by them under this act to ascertain the manner P'-^'n'ses. 
in which such person conducts his business and to preserve 
order. Such hcensing authorities or their agents may at 
any time take samples for analysis from any wines or malt 
beverages kept on such premises, and the vessel or vessels 
containing such samples shall be sealed on the premises by 
the seal of the vendor, and shall remain so sealed until 
presented to the state department of pubhc health for 
analysis and dupHcate samples shall be left with the dealer. 

Section 52. The local Hcensing authorities after notice ^"g^^^^gj^gj^^j, 
to the licensee and reasonable opportunity for him to be of license. 
heard by them, may declare his license forfeited, or may 
suspend his hcense for such period of time as they may 
deem proper, upon satisfactory proof that he has violated 
or permitted a violation of any condition thereof, or any 
law of the commonwealth. If the license is declared to 
have been forfeited, the Hcensee shall be disqualified to 
receive a license for one year after the expiration of the 
term of the license so forfeited, and if he is the owner of 
the premises described in such forfeited license, no license 
shall be issued to be exercised on said premises for the 
residue of the term thereof. 

Section 53. Section two of chapter one hundred and certain provi- 
thirty-eight of the General Laws, as appearing in the frwTnoVto"^'"* 
Tercentenary Edition thereof, shall not apply to selling or apply. 
exposing or keeping for sale wines or malt beverages in 
accordance with the provisions of this act. 

Section 54. In respect to their constitutionality, all Constitutionai- 
the provisions of this act are hereby declared to be separable. "^^' 

Section 55. Any apphcant for a license who is ag- Appeal to 
grieved by the action of the local licensing authorities in f^om^dlcisron 
refusing to grant the same or any one who is aggrieved by «[ •°.';^i '^"- 

~„ ,... •,. •,. tnorities. 

the action of such authorities m suspending, canceling, 
revoking or declaring forfeited the same, may appeal 
therefrom to the commission within such time as the com- 
mission may by regulation prescribe, and the decision of 
the commission shall be final; but pending a decision on 
the appeal, the action of the local licensing authorities shall 
have the same force and effect as if the appeal had not 
been taken. Upon the petition of twenty-five taxpayers 
of the city or town in which a license has been granted by 
such authorities or upon its own initiative, the commission 
may investigate the granting of such license and may, 
after a hearing, revoke or modify such license if, in its 
opinion, circumstances warrant. 

Approved April 7, 1933. 



152 



Acts, 1933. — Chap. 121. 



Certain pro- 
visions of 
general law 
not to affect 
salary reduc- 
tions in 
Boston. 



1875, 241, § 5, 
amended. 



Reduction of 
salaries of 
school teachers, 
etc. 



Chap. 121 An Act relative to salary reductions in the city of 

BOSTON AND THE COUNTY OF SUFFOLK. 

Be it enacted, etc., as follows: 

Section 1. Neither the provisions of chapter thirty- 
one of the General Laws as amended nor any civil service 
rule or regulation shall apply to any reductions made 
pursuant to the provisions of this act in the salary of any 
person holding office or employment classified under the 
civil service rules in the city of Boston or county of Suffolk 
when such reduction in salary applies equally or uniformly 
to all persons of the same grade or classification. 

Section 2. Section five of chapter two hundred and 
forty-one of the acts of eighteen hundred and seventy- 
five is hereby amended by adding at the end thereof the 
following new sentence : — The school committee may 
during the school year which commenced on September 
first, nineteen hundred and thirty-two, and which ends 
on August thirty-first, nineteen hundred and thirty-three, 
reduce the salaries of teachers and other officials and em- 
ployees of the school department, provided that such 
reduction in salaries applies uniformly to all persons of 
the same grade or classification and receiving the same 
salary, — so as to read as follows : — Section 5. The school 
committee shall have the supervision and direction of the 
public schools, and shall exercise the powers and perform 
the duties in relation to the care and management of schools 
which are now exercised and performed by the school 
committee of said city, except so far as they may be changed 
or modified by this act, and shall have the powers and 
discharge the duties which may hereafter be imposed by 
law upon the school committees of cities and towns. They 
may elect teachers, and may discharge those now in office, 
as well as those hereafter elected. They shall appoint 
janitors for the school-houses, fix their compensation, 
designate their duties, and may discharge them at pleasure. 
They may fix the compensation of the teachers, but the 
salaries established at the commencement of each school 
year shall not be increased during such year. The school 
committee may during the school year which commenced 
on September first, nineteen hundred and thirty-two, 
and which ends on August thirty-first, nineteen hundred 
and thirty-three, reduce the salaries of teachers and other 
officials and employees of the school department, provided 
that such reduction in salaries applies uniformly to all 
persons of the same grade or classification and receiving 
the same salary. 

Section 3. During the calendar year nineteen hundred 
and thirty-three the mayor of Boston may by executive 
order reduce for the period beginning with the date of 
the passage of this act and ending December thirty-first, 
nineteen hundred and thirty-three, the salary of every 



Reduction of 
salaries by 
executive 
order. 



Acts, 1933. — Chap. 121. 153 

office and position, the salary of which is paid from the 
treasury of the city of Boston in whole or in part, and 
whether such salary is fixed by statute, city ordinance 
or otherwise, and whether or not such office or position 
is subject to civil service or classified under the civil service 
rules or under the county classification plan, except the 
members of the city council and its employees, the officers 
and employees of the pohce department, the school depart- 
ment, the department of school buildings, the licensing 
board, the finance commission and the Boston Port Au- 
thority, and provided that such reduction applies uniformly 
and equally to all persons thereby affected receiving 
the same amount or rate of salary, and provided that 
the salary of no person shall be reduced by a greater per- 
centage than that of a person receiving a larger salary. 
The mayor shall give written notice of any such general 
reduction in such salary to the police commissioner, the 
school committee, the board of commissioners of school 
buildings, the superintendent of construction thereof, 
the city council, the licensing board, the finance com- 
mission and the Boston Port Authority. If within ten 
days of the delivery of such notice the officer, committee, 
board or other body so notified does not reduce the salary 
of each office and position under the control or the juris- 
diction of said officer, committee, board or other body upon 
the same uniform basis and for the same period of time as 
the reduction put into effect by the mayor, the mayor 
forthwith by executive order, in the same manner and with 
the same authority as hereinbefore provided, and upon 
the same basis, shall effect reductions in the salary of 
each office and position of the departments, boards and 
other bodies so notified, wherever such reductions have 
not theretofore been made pursuant to this section and 
after the delivery of such notice. Such reductions shall 
be in force from the effective date of the reductions specified 
in the executive order first made by the mayor. All 
necessary authority to effect such temporary reductions 
is hereby granted to the mayor, to the city council, and 
to such other officers, committees, boards, or bodies as 
may effect reductions pursuant to this section, including, 
without limiting the generality of the foregoing, the au- 
thority to reduce salaries fixed by statute, by any rule or 
vote of the school committee, by ordinance, or otherwise, 
and the salaries of persons subject to civil service. The 
mayor taking office on January first, nineteen hundred 
and thirty-four, may by executive order continue in effect 
for the calendar year nineteen hundred and thirty-four 
the reductions made pursuant to the provisions of this 
section. During the period in which any reduction in 
salary hereunder is effective, no further reduction therein 
shall be made. 

Section 4. The words "salary" or "salaries" as used "Salary" 
in this act shall include all wages and compensation how- ^®^"®'^- 



154 



Acts, 1933. — Chap. 122. 



Reductions 
in salarieB 
not to affect 
certain pen- 
sions and an- 
nuities. 



Prior reduc- 
tions and con- 
tributions 
ratified. 



Suspension of 
operation of 
acts, etc. 



Scrubwomen 
excepted from 
provisions of 
act. 



ever payable and whether or not for full time, and in the 
case of an official or employee whose salary is payable in 
part from funds of the treasury of the city of Boston and 
in part from state or other funds, shall mean that part 
payable from the funds of the city treasury. 

Section 5. No reduction in salary or compensation 
made under the provisions of this act shall affect the amount 
payable, under chapter thirty-two of the General Laws or 
any other provision of law, to any officer or employee of 
said county or city as a pension or annuity under any non- 
contributory pension law. 

Section 6. All action heretofore taken by said city of 
Boston or any of the officials thereof in making deductions 
from salaries of officers and employees paid from the 
treasury of the city of Boston as contributions to public 
welfare is hereby ratified and confirmed and shall have 
the same force and efi^ect as if they were reductions made 
under the provisions of this act. 

Section 7. All acts, parts of acts, rules and regulations, 
and ordinances inconsistent with this act are hereby 
suspended during the period of its operation. 

Section 7A. Any woman employed by the city of 
Boston or the county of Sulfolk as a scrubwoman, shall 
not be subject to any provisions of this act. 

Section 8. This act shall take effect upon its passage. 

Approved April 11, 1933. 



Chav. \22 ^N ^^^ KELATivE TO the taking or killing of water- 
fowl and other migratory birds in certain cases. 



Emergency 
preamble. 



G. L. ( Ter. 
Ed). 1.31, new 
section after 
§87. 

TakinK. etc , 
of certain 
birds causing 
nuisances, au- 
thorized. 



Proviso. 



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

Be it enacted, etc., as follows: 

Chapter one hundred and thirty-one of the General 
Laws, as appearing in the Tercentenary Edition thereof, 
is hereby amended by inserting after section eighty-seven 
the following new section: — Section 87 A. Whenever, 
in the opinion of the director, any species of waterfowl 
or other migratory bird subject to federal regulation 
becomes a menace to the marine fisheries of the com- 
monwealth or becomes a nuisance with respect to property 
along or near the shores thereof, he may authorize any 
person in writing to take or kill such birds during any 
period when such taking or killing is otherwise unlawful, 
subject to such regulations as he may prescribe; provided, 
that such rules and regulations shall at all times conform 
to the federal laws and regulations relative thereto. 

Approved April 12, 1933. 



Acts, 1933. — Chaps. 123, 124. 155 



An Act authorizing the city of newburyport to pay Qjidj) ^23 

A CERTAIN CLAIM LEGALLY UNENFORCEABLE BY REASON 
OF ITS FAILURE TO COMPLY WITH CERTAIN PROVISIONS 
OF ITS CHARTER. 

Be it enacted, etc., as follows: 

Section 1. The city of Newburyport is hereby au- 
thorized to expend a sum of money, not exceeding three 
hundred and forty-eight dollars and eighty-five cents, 
in the payment and discharge of a certain claim of The 
Martin W. Dugan Company for material furnished for 
the construction of a fence enclosing the Highland Cemetery 
in said city, said claim being unenforceable against said 
city by reason of its failure to comply with the provisions 
of its charter as appearing in section twenty-eight of chapter 
forty-three of the General Laws, as appearing in the Ter- 
centenary Edition thereof. 

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 12, 1933. 



Chap. 124: 



An Act prohibiting the sale as pure milk of the com- 
bination OF milk fat with milk, cream or skimmed 

MILK, WHETHER OR NOT CONDENSED, EVAPORATED, CON- 
CENTRATED, POWDERED, DRIED OR DESICCATED. 

Be it enacted, etc., as follows: 

Section seventeen A of chapter ninety-four of the General g. l. (Ter. 
Laws, as appearing in the Tercentenary Edition thereof, f'^y^^^' 
is hereby amended by inserting after the word "fat" in the amended, 
twelfth line the following : — No person himself or by his 
servant or agent shall sell, exchange or deliver, or have 
in his possession with intent to sell, exchange or deliver, 
or expose, or offer for sale or exchange, as pure milk, any 
milk, cream, or skimmed milk in any of the aforesaid 
forms to which has been added or with which has been 
blended or compounded any milk fat, — so as to read as 
follows: — Section 17 A. No person himself or by his Combination 
servant or agent shall, for the purposes of sale or exchange, ratHnd'^iis 
add any fat or oil other than milk fat to, or blend or com- ^^^^ ™naiized 
pound the same with, any milk, cream or skimmed milk, 
whether or not condensed, evaporated, concentrated, 
powdered, dried or desiccated, so that the resulting product 
is in imitation or semblance of milk, cream or skimmed milk 
whether or not condensed, evaporated, concentrated, 
powdered, dried or desiccated, nor shall any person him- 
self or by his servant or agent sell, exchange or deliver, or 
have in possession with intent to sell, exchange or deliver, 
or expose or offer for sale or exchange, any milk, cream 
or skimmed milk in any of the aforesaid forms to which 



156 Acts, 1933. — Chaps. 125, 126. 



has been so added or with which has been so blended or 
Sale of same Compounded any fat or oil other than milk fat. No 
pro 1 ite . person himself or by his servant or agent shall sell, ex- 
change or deliver, or have in his possession with intent 
to sell, exchange or deliver, or expose, or offer for sale or 
exchange, as pure milk, any milk, cream, or skimmed milk 
in any of the aforesaid forms to which has been added or 
with which has been blended or compounded any milk 
fat. Whoever violates any provision of this section shall 
be punished by the penalties prescribed by section twenty- 
four. Approved April 12, 1933. 

Chap. 125 An Act relative to the powers of the associated 

JEWISH philanthropies, INC. 

Be it enacted, etc., as follows: 

Section 1. The Associated Jewish Philanthropies, 
Inc., a corporation organized under General Laws, may 
at meetings duly called for the purpose adopt by-laws 
regulating the custody, investment and management of 
the whole or any part of its funds or property heretofore 
or hereafter received by it by gift, bequest, or devise, to 
be devoted by said corporation to the purposes for which 
it is or may be incorporated, and may provide that any 
or all of such by-laws shall not be subject to amendment 
so as to affect the custody, management or investment 
of such property or the application of the income or proceeds 
thereof; provided, however, that such by-laws shall not 
affect, change or limit the purposes to which such property 
is directed to be devoted by the testator or donor of such 
property. 

Section 2. An addition to or change of the purposes 
of said corporation shall not affect the application of any 
gift, devise or bequest made to said corporation prior to 
the making of such addition or change, or of the proceeds 
of such gift, devise or bequest, if by the terms of any by- 
law theretofore adopted by said corporation, the application 
of such gift, devise or bequest is hmited to the purpose 
for which said corporation was organized at the time of 
the receipt of such gift, devise or bequest. 

Approved April 12, 1933. 

Chap. 12Q An Act increasing the fee for registration as a 
pharmacist by reciprocity with other states. 

Be it enacted, etc., as follows: 
G. L. (Ter. Scctiou tweuty-four of chapter one hundred and twelve 

ftc'^ amended*' °^ ^^^ General Laws, as amended by chapter two hundred 
and twenty-seven of the acts of nineteen hundred and 
thirty-two, is hereby further amended by striking out, in 
the twenty-second line, the word "ten" and inserting in 
place thereof the word : — twenty-five, — so as to read as 



Acts, 1933. — Chap. 127. 



157 



Reciprocity 
certificates. 



follows : — Section 2Ji.. A person who desires to do business Examination 
as a pharmacist shall, upon payment of five dollars to the °or''reg™ra-^'^ 
board of registration in pharmacy, herein and in sections *''°"- 
twenty-five to forty-two, inclusive, called the board, be 
entitled to examination, and, if found qualified, shall be 
registered as a pharmacist, and shall receive a certificate 
signed by the president and secretary of the board. Any 
person failing to pass such examination shall upon request 
be re-examined, after the expiration of three months, at 
any regular meeting of the board, upon payment of five 
dollars. The board may grant certificates of registration Certificates. 
as assistants after examination upon the terms above 
named, but such certificates shall not allow the holder 
thereof to carry on the business of pharmacy. The board 
may grant certificates of registration to such persons as 
shall furnish with their applications satisfactory proof 
that they have been registered by examination in some 
other state; provided, that such other state shall require Proviso 
a degree of competency equal to that required of appli- 
cants in this commonwealth. Every such applicant for 
registration as a registered pharmacist shall pay to the 
secretary of the board twenty-five dollars at the time of 
filing his application. No such certificate shall be granted 
until the person applying therefor shall have signified his 
intention of acting under the same in this commonwealth. 
No certificate shall be granted under this section unless the 
applicant shall have submitted evidence satisfactory to 
the board that he is a citizen of the United States. 

Approved April 18, 1933. 



An Act relative to the furnishing of blanks for use (jhn^ 1 27 

IN GIVING notice OF INTENTION OF MARRIAGE. ^' 



Be it enacted, etc., as follows: 

Section twenty of chapter two hundred and seven of the 
General Laws, as appearing in the Tercentenary Edition 
thereof, is hereby amended by striking out, in the second 
line the word "him" and inserting in place thereof the 
words: — the state secretary, — and by striking out, in 
the fourth line, the word "him" and inserting in place 
thereof the words: — such clerk or registrar, — so as to 
read as follows : — Section 20. The clerk or registrar shall 
require written notice of intention of marriage, on blanks 
furnished by the state secretary, containing such informa- 
tion as is required by law and also a statement of absence 
of any legal impediment to the marriage, to be given such 
clerk or registrar under oath, by both of the parties to such 
intended marriage if both dwell in his town, or, if the parties 
dwell in different towns within the state, or if one dwells 
outside the state, by the party dwelling in his town, or, 
if both dwell outside the state, by both such parties; pro- 
vided, that if a registered physician makes affidavit to the 



G. L. (Ter. 
Ed.), 207, § 20, 
amended. 



Notice of in- 
tention of 
marriage to be 
in writing on 
blank forms 
to be furnished 
by state 
secretary. 



158 



Acts, 1933. — Chaps. 128, 129. 



satisfaction of the clerk or registrar that a party so re- 
quired is unable, by reason of illness, to appear, such notice 
may be given on behalf of such party, by his or her parent 
or legal guardian, or, in case there is no parent or legal 
guardian competent to act, by the physician certifying 
to the illness, or by the other party irrespective of such 
other party's residence. The oath to such notice shall be 
to the truth of all the statements contained therein whereof 
the party subscribing the same could have knowledge, and 
may be given before the clerk or registrar or before a regu- 
larly employed clerk in his office designated by him in 
writing and made a matter of record in the office. No fee 
shall be charged for administering such oath. In towns 
having an assistant clerk or registrar, he may administer 
the oath. Approved April 18, 1933. 



G. L. (Ter. 
Ed.), 41, new 
section after 
§91A. 

Constables, 
appointment 
of, regulated. 



C/iap. 128 ^N ^<^T FURTHER REGULATING THE APPOINTMENT OF 

CONSTABLES. 

Be it enacted, etc., as follows: 

Chapter forty-one of the General Laws, as appearing in 
the Tercentenary Edition thereof, is hereby amended by 
inserting after section ninety-one A the following new 
section: — Section 91 B. Constables shall not be appointed 
by mayors or selectmen under section ninety-one or ninety- 
one A except as hereinafter provided. A person desiring to 
be appointed as aforesaid shall make a written application 
therefor to the appointing authority stating his reasons for 
desiring such appointment and such information as may be 
reasonably required by said authority relative to his fitness 
for said office. Such application shall also contain a 
statement as to the moral character of the appHcant signed 
by at least five reputable citizens of the city or town of his 
residence, one of whom shall be an attorney-at-law. The 
appointing authority shall also investigate the reputation 
and character of every applicant and his fitness for said 
office. The chief of police or other official having charge of 
the police shall upon request give the appointing authority 
all possible assistance in making such investigation. The 
office of constable shall be filled only by appointment of an 
applicant hereunder who is found by the appointing 
authority, after investigation as aforesaid, to be a person of 
good repute and character and qualified to hold said office. 

Approved April 18, 1933. 



Chap. 129 ^N ■^^'^ RELATIVE TO THE USE AND MANAGEMENT OF REAL 
ESTATE OF A DECEDENT BY HIS EXECUTOR OR ADMINISTRA- 
TOR FOR THE PURPOSE OF THE PAYMENT OF DEBTS FROM 
THE RENTS THEREOF. 

Be it enacted, etc., as follows: 

G. L. (Ter. Chapter two hundred and two of the General Laws is 

Mw'slrtlon hereby amended by inserting after section four, as appear- 
after § 4. 



Acts, 1933. — Chap. 130. 



159 



ing in the Tercentenary Edition thereof, the following new 
section : — Section J^A . If the personal property of a de- 
ceased person appears to be insufficient to pay his debts, 
the probate court may, subject to the rights of the widow 
under section one of chapter one hundred and ninety-six, 
after notice, authorize the executor or administrator to 
take charge of the real property of the deceased or any part 
thereof and collect the rents thereof for such period of time 
as the court deems proper, and, during such period, to make 
necessary repairs and do all other things which it may 
consider needful for the preservation of such real property 
and as a charge on the interest of the decedent therein; 
provided, that if any person interested in the estate shall 
give bond as provided in section thirteen, no such authoriza- 
tion shall be given. The balance, if any, of said rents, 
subject to rights of dower or curtesy, and the rights of the 
widow and minor children of the decedent under section 
two of chapter one hundred and ninety-six, shall be assets 
in the hands of the executor or administrator for the pay- 
ment of debts in like manner as are the proceeds of real 
property sold for the payment of debts. An order giving 
authority to the executor or administrator as aforesaid 
shall have effect, notwithstanding an appeal therefrom, 
until it is otherwise ordered by a justice of the supreme 
judicial court. Approved April 18, 1933. 



Executor, etc., 
may take 
charge of real 
estate of de- 
ceased and 
collect the 
rents thereof, 
if personal 
property is in- 
sufficient to 
pay debts. 



C/iap. 130 



An Act extending the time for appeals from the 
refusal of assessors to abate taxes. 

Be it enacted, etc., as follows: 

Section 1. Section sixty-four of chapter fifty-nine of g. l. (Xer. 
the General Laws, as appearing in the Tercentenary Edi- ai^end^e^d.^^^' 
tion thereof, is hereby amended by striking out, in the 
second line, the word "thirty" and inserting in place thereof 
the word : — sixty, — so that the first paragraph will read 
as follows : — A person aggrieved by the refusal of assessors Appeal to 
to abate a tax may, within sixty days after receiving the mi^"io^nerT' 
notice provided in the preceding section, appeal therefrom from refusal of 
by filing a complaint with the clerk of the county com- abate "ta^x.** 
missioners, or of the board authorized to hear and determine 
such complaints, for the county where the property taxed 
lies, and if on hearing the board finds that the property 
has been overrated, it shall make a reasonable abatement 
and an order as to costs. If the list of personal property 
required to be brought in to the assessors was not brought 
in within the time specified in the notice required by sec- 
tion twenty-nine, no tax upon personal property shall be 
abated unless the appellate board finds good cause for this 
delay or unless the assessors have so found as provided in 
section sixty-one. A tax or assessment upon real estate 
may be abated whether or not a list of property was brought 
in within the time specified by the notice required by sec- 



160 



Acts, 1933. — Chap. 131. 



G. L. (Ter. 
Ed.). 59. § 65, 
amended. 



Appeal to 
board of tax 
appeals. 



tion twenty-nine; provided, that the apphcation for an 
abatement of such a tax or assessment included a sufficient 
description of the particular real estate as to which an 
abatement is requested. 

Section 2. Section sixty-five of said chapter fifty-nine, 
as so appearing, is hereby amended by striking out, in the 
fourth line, the word "thirty" and inserting in place thereof 
the word : — sixty, — so as to read as follows : — Section 
65. A person aggrieved as aforesaid may, instead of 
pursuing the remedy provided in section sixty-four, but 
subject to the same conditions, appeal to the board of tax 
appeals by filing a petition with such board within sixty 
days of the giving of the notice required by section sixty- 
three. Such appeal shall be heard and determined by said 
board in the manner provided by chapter fifty-eight A. 
The board may enter such order as justice may require in 
the manner provided in the preceding section with respect 
to complaints removed from the county commissioners. 

Approved April 18, 1933. 



Chap. 131 An Act authorizing the supreme council of the royal 

ARCANUM, A FRATERNAL BENEFIT SOCIETY, TO ERECT AND 
MAINTAIN A HOME FOR AGED AND INDIGENT MEMBERS AND 
THE WIDOWS AND ORPHANS OF MEMBERS. 

Be it enacted, etc., as folloivs: 

The Supreme Council of the Royal Arcanum, a fraternal 
benefit society incorporated under general law, is hereby 
authorized, subject to such terms and conditions as the 
commissioner of insurance may impose and with his written 
approval, to erect, equip, operate and maintain, within or 
without the commonwealth, a home for its aged and indi- 
gent members and the widows and orphans of its members, 
and for the aforesaid purpose it may acquire or purchase and 
hold real estate, notwithstanding any provisions of chapter 
one hundred and seventy-six of the General Laws to the con- 
trary. The cost of erecting, equipping, operating and 
maintaining such home shall be defrayed by a special 
building fund to be raised and maintained in such manner 
as the said society may provide in its constitution and 
by-laws. 

Failure of any member of said society to contribute by 
the payment of dues or assessments to the said special 
building fund shall not affect or prejudice his rights as a 
member of said society, anything in its constitution or by- 
laws to the contrary notwithstanding. 

Approved April 18, 1933. 



Acts, 1933. — Chap. 132. 161 



An Act providing for a convention to act upon a (JJkij) 132 

PROPOSED amendment TO THE CONSTITUTION OF THE ^' 
UNITED STATES RELATIVE TO THE REPEAL OF THE EIGHT- 
EENTH AMENDMENT. 

Whereas, In order that immediate action may be taken Emergency 
hereunder, if deemed urgent by the governor and council, p'"®'''^^^^- 
this act is hereby declared to be an emergency law, necessary 
for the immediate preservation of the public convenience. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of acting upon an amend- Convention to 
ment to the constitution of the United States proposed by a ofeightel'nt^h 
joint resolution of congress, whereof a certified copy has amendment. 
been transmitted by the department of state under date 
of February twenty-first, nineteen hundred and thirty- 
three, to his excellency the governor of the commonwealth, 
with the request that the same be submitted to a convention 
for such action as may be had, there shall meet in the 
state house in Boston a convention of delegates, elected as 
hereinafter provided. The convention shall be held at 
such time following the election of such delegates as the 
governor may determine. 

Section 2. The number of delegates to the convention Delegates to 
shall be forty-five, and each district estabhshed under n'j^b'e7and°'^' 
section one of chapter fifty-seven of the General Laws, as f^'^^^'^f 
appearing in the Tercentenary Edition thereof, for the 
purpose of electing representatives in the congress of the 
United States, shall elect three delegates, all of whom shall 
be residents of the district. Voters participating in such 
election shall have the qualifications prescribed by law of 
voters for state officers. The election of such delegates 
in the several districts shall occur at the biennial state 
election in the year nineteen hundred and thirty-four, or 
at a special state election, as the governor and council may special state 
order; and full power and authority are hereby vested in election. 
the governor and council to order such special election and 
to appoint the time for holding the same. A special 
election hereunder shall be held wholly or partly by wards, 
precincts or towns, as the election commissioners in Boston 
and the aldermen in other cities and selectmen in towns 
may designate, and they shall give notice of their determina- 
tion to the state secretary on or before the sixth Tuesday 
preceding the day set for the election. In wards or towns 
where voting at elections is commonly by precincts, the 
election commissioners and city and town clerks shall 
designate which of the election officers shall serve, in case 
such election is held in larger units. 

Section 3. As soon as may be after the date of the Caucus to 
election of delegates hereunder has been determined as caJldidates for 
provided in section two, the governor, lieutenant governor, deiegat'es''.* 
councillors, state secretary, state treasurer, attorney general 



162 



Acts, 1933. — Chap. 132. 



Designations 
appearing on 
official ballot. 



Provisions of 
election laws 
to apply. 



and state auditor shall, on the call of the governor, meet 
in caucus in the state house for the purpose of nominating 
candidates to be voted for in the several districts at such 
election. The caucus may adopt rules for its procedure 
and may adjourn from time to time. The governor and 
state secretary shall respectively serve as its president and 
clerk. The caucus shall nominate by a majority vote a 
group of three candidates from each district favoring 
ratification of the proposed amendment and a group of 
three candidates from each district opposing such ratifica- 
tion, as evidenced by signed statements of their respective 
positions on the question of ratification filed with the 
clerk of the caucus. A return of the proceedings of the 
caucus and of its nominees, grouped in accordance with 
their position in relation to the ratification of the proposed 
amendment, shall be filed in the office of the state secre- 
tary, certified by the president and clerk of the caucus, 
not later than the fifth Tuesday preceding the day of the 
election. In case of any vacancy occurring in the list of 
nominees in any district, the remaining nominees from the 
same district and in the same group shall, if the time is 
sufficient therefor, fill the same. 

Section 4. The provisions of law relative to ballots 
used in the election of state officers shall apply, so far as 
applicable, and except as otherwise provided herein, to bal- 
lots used in the election of delegates under this act. The 
names of the persons nominated for each district under 
section three shall appear on the ballots to be used therein, 
arranged alphabetically by their surnames in groups as 
nominated, one group under the designation: — "Delegates 
Favoring Ratification (For Repeal)" and the other group 
under the designation: — "Delegates Opposed to Ratifica- 
tion (Against Repeal)." To the name of each candidate 
shall be added the name of the street, with street number, 
if any, and the name of the city or town, where he resides. 
The relative positions of the two groups on the ballot shall 
be determined by the btate secretary by lot. Directly 
preceding the aforesaid designations shall appear the 
following general heading: — "Election of Delegates to a 
Constitutional Convention called to Ratify or Reject the 
Following Amendment to the Constitution of the United 
States, proposed by Joint Resolution of Congress." Then 
shall follow the text of the proposed amendment. No 
designation, save as aforesaid, shall appear in connection 
with any name appearing on the ballot. No name of any 
candidate, except of nominees under section three, shall be 
printed on the ballot, but three blank spaces shall be left 
in which the voter may insert the name of any legal voter 
of the district not printed on the ballot for whom he desires 
to vote. 

Section 5. All laws governing the election of state 
officers, including the canvassing, recount and return of 
votes therefor and the determination of the results of the 



Acts, 1933. — Chap. 132. 



163 



voting, shall, so far as applicable and except as otherwise 
provided in this act, apply to the election of delegates 
under this act. No ballots cast at the election of delegates 
under this act shall be counted until the close of the polls. 
The time within which copies of records of votes cast 
under this act shall be transmitted to the state secretary, 
as provided in section one hundred and twelve of chapter 
fifty-four of the General Laws, shall be seven days. 

Section 6. The state secretary shall, as soon as the 
results of the election have been finally determined, notify 
the successful candidates of their election and shall summon 
them to meet in convention in the state house at such time 
as shall have been designated for the convening thereof. 
The governor shall call the convention to order and shall 
preside thereover until a president is chosen. The state 
secretary shall call the roll of the delegates and act as clerk 
of the convention until a clerk is chosen. The delegates 
shall be judges of the returns and elections of the members 
of the convention. The convention shall proceed to 
organize by the choice of a president, clerk and such other 
officers as it may determine, and by estabhshing rules for 
its procedure. Twenty-three delegates shall constitute 
a quorum. Upon the completion of its organization, the 
convention shall take into consideration the advisability 
and propriety of ratifying or rejecting the amendment to 
the constitution submitted as aforesaid and shall vote to 
ratify or reject the same. The convention shall be pro- 
vided by the superintendent of buildings, at the expense of 
the commonwealth, with suitable quarters and facilities 
for exercising its functions. The members shall receive 
no compensation for their services, but shall each be en- 
titled to receive the sum of ten cents for every mile of 
ordinary traveling distance from his place of abode to the 
place of sitting of the convention. The convention shall, 
subject to the approval of the governor and council, provide 
for such other necessary expenses of its session as it shall 
deem expedient. The governor, with the advice and 
consent of the council, is hereby authorized to draw his 
warrant on the treasury for any of the foregoing expenses. 

Section 7. If the convention ratifies such proposed 
amendment to the constitution of the United States by a 
majority of its members present and voting, the president 
of the convention shall thereupon transmit to the governor 
duly authenticated certificates of the action of the con- 
vention, in triplicate, and thereupon the governor shall 
transmit to the secretary of state of the United States one 
of said triphcates, duly authenticated by the state secretary 
under the great seal of the commonwealth. Another of said 
triplicates, authenticated in like manner, shall be deposited 
by the state secretary in the state archives. 

Approved April 20, 1933. 



State secretary 
to notify 
successful 
candidates. 



Convention, 
calling of, 
proceedings. 



Ratification 
of amendment, 
notice to be 
sent to 
governor, etc. 



164 



Acts, 1933. — Chap. 133. 



Biennial 
municipal 
elections in 
Salem. 



Mayor and 
city council- 
lors, election, 
term. 



Inauguration. 



Chap. 133 An Act providing for biennial municipal elections in 

THE CITY OF SALEM. 

Be it enacted, etc., as follows: 

Section 1. Beginning with the year nineteen hundred 
and thirty-five, municipal elections in the city of Salem, 
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 De- 
cember in each odd-numbered year. No municipal elec- 
tion shall be held in said city in the year nineteen hundred 
and thirty-four. 

Section 2. At the biennial municipal election to be 
held in said city in nineteen hundred and thirty-five 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 following 
their election and until their successors are qualified. The 
members of the city council elected by and from the various 
wards of said city at the municipal election held in the year 
nineteen hundred and thirty-two, shall continue to hold 
office until the qualification of their successors who shall be 
elected at the municipal election in the year nineteen 
hundred and thirty-five. 

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 fore- 
noon, 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, as appearing 
in the Tercentenary Edition thereof. 

Section 4. Members of the school committee of the 
said city, except members elected to fill vacancies, if any, 
elected in the year nineteen hundred and thirty-one shall 
continue to hold office until the qualification of their suc- 
cessors who shall be elected at the biennial municipal 
election in the year nineteen hundred and thirty-five. 
Members of said school committee to be elected in the year 
nineteen hundred and thirty-three shall be elected 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-five 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 quafified, 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 



School 
committee. 



Acts, 1933. — Chap. 134. 

filled as provided in section thirty-six of chapter forty-three 
of the General Laws, as appearing in the Tercentenary Edi- 
tion thereof. 

Section 5. This act shall be submitted to the voters 
of the city of Salem at the annual city election in the current 
year in the form of the following question which shall be 
printed on the official ballot to be used at said election : — 
"Shall an act passed by the general court in the year nine- 
teen hundred and thirty-three, entitled 'An Act providing 
for biennial municipal elections in the city of Salem', 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; otherwise it shall be of 
no effect and the officers elected at said election shall re- 
spectively hold office for the terms now provided by law. 

Approved April 20, 1933. 



165 



Acceptance of 
act. 



An Act regulating the granting of certain permits (J^dj) ;[34 

TO BE AT LIBERTY FROM THE STATE PRISON. ^' 

Be it enacted, etc., as follows: 

Section 1. Chapter one hundred and twenty-seven g. l. (Ter. 
of the General Laws is hereby amended by striking out amended! ^ ^^^' 
section one hundred and thirty-three, as appearing in the 
Tercentenary Edition thereof, and inserting in place thereof 
the following: — Section 133. The board of parole may, Permits to 
at its discretion, grant to a prisoner sentenced to the state one'fs toTlat 
prison for a crime committed on or after January first, ^^^^^^''^11°^ 
eighteen hundred and ninety-six, at any time after the 
expiration of his minimum term of sentence, a permit to be 
at liberty therefrom during the unexpired portion of the 
maximum term of his sentence, upon such terms and condi- 
tions as it shall prescribe. If the prisoner is held in the 
prison upon two or more sentences, he may receive such 
permit after he has served a term equal to the aggregate 
of the minimum terms of the several sentences, and in such 
case he shall be subject to all the provisions of this section 
until the expiration of a term equal to the aggregate of the 
maximum terms of said sentences. 

Section 2. Notwithstanding the passage of this act, 
the provisions of said section one hundred and thirty-three, 
as in effect immediately prior to the effective date of this 
act, shall continue in force for the benefit of any prisoner 
sentenced prior to said date who is or may be entitled under 
said provisions to be granted a permit to be at liberty. 

Approved April 20, 1933. 



166 



Acts, 1933. — Chaps. 135, 136. 



1892, 355, § 11, 
amended. 



Inauguration 
of city govern- 
ment of 

Everett. 



Chap.lS5 An Act relative to the date of inaugural of the city 

GOVERNMENT OF THE CITY OF EVERETT. 

Be it enacted, etc., as follows: 

Chapter three hundred and fifty-five of the acts of 
eighteen hundred and ninety-two is hereby amended by 
striking out section eleven and inserting in place thereof 
the following: — Section 11. The mayor elect and the 
members elect of the city council shall, on the first Monday 
in the January succeeding their election, except when said 
first Monday falls on a legal holiday, in which event on 
the following day, at twelve o'clock, noon, assemble to- 
gether and be sworn to the faithful discharge of their 
duties. The oath may be administered to the mayor by 
the city clerk, or by a judge of a court, or by a justice of the 
peace, and the oath may be administered to the members 
of the city council by the mayor, or by the city clerk, or by 
a justice of the peace. In case of the absence of the mayor 
elect on said day, or if a mayor shall be subsequently 
elected, the oath of office may at any time thereafter be 
administered to him in the presence of the city council; 
and at any time after said day the oath of office may be 
administered in the presence of either branch of the city 
council to a member of such branch who was absent thereon 
or who shall be subsequently elected. A certificate that 
such oath has been taken by the mayor shall be entered in 
the journal of both branches of the city council, and in the 
journal of each branch shall be entered a certificate that the 
oath has been so taken by the members of that branch. 

Approved April 20, 1933. 



Chap.lSQ An Act relative to the holding of professional 

SPORTS AND GAMES, SO CALLED, ON THE LORd's DAY IN 
CELTIC PARK IN THE HYDE PARK DISTRICT OF THE CITY 
OF BOSTON, 

Be it enacted, etc., as follows: 

Section 1. So much of the provisions of section twenty- 
two of chapter one hundred and thirty-six of the General 
Laws, as appearing in the Tercentenary Edition thereof, as 
provides that "no sport or game shall be permitted in a 
place, other than a public playground or park, within one 
thousand feet of any regular place of worship" shall not 
apply in case of Celtic park, so called, in the Hyde Park 
district of the city of Boston. 

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

Approved April 20, 1933. 



Acts, 1933. — Chaps. 137, 138. 



167 



Veteran's 
preference 
under civil 



An Act relative to preference under the civil service Ch^v.lS7 

LAWS OF holders OF CONGRESSIONAL MEDALS OF HONOR. 

Whereas, The deferred operation of this act would in Emergency 
part defeat its purpose, therefore it is hereby declared to be p''®=""^^®- 
an emergency law, necessary for the immediate preservation 
of the public convenience. 

Be it enacted, etc., as follows: 

Chapter thirty-one of the General Laws, as most recently g. l. (xer. 
amended in section twenty-one by chapter eighty-nine etc !, amended'. 
of the acts of nineteen hundred and thirty-two, is hereby 
further amended by striking out said section twenty-one 
and inserting in place thereof the following : — Section 21 . 
The word "veteran", as used in this chapter, shall mean 
(1) any person who has served in the army, navy or marine service law. 
corps of the United States in time of war or insurrection de^'fined! 
and whose last discharge or release from active duty therein 
was an honorable one, regardless of any prior discharge or 
release therefrom, or (2) any person who has distinguished 
himself by gallant or heroic conduct while serving in the 
army, navy or marine corps of the United States and has 
received a decoration designated as the congressional medal 
of honor from the president of the United States or the 
secretary of war, or from a person designated by the presi- 
dent or the said secretary to act as the personal representa- 
tive of the president or said secretary for the presentation of 
such decoration, and is recorded in the files of the war 
department or the navy department of the United States 
as having received such decoration; provided, that the Provisos. 
person claiming to be a veteran under this section was a 
citizen of the commonwealth at the time of his induction 
into such service or has resided in the commonwealth for 
five consecutive years next prior to the date of filing appli- 
cation with the commissioner under this chapter; and 
provided, further, that any such person who at the time of 
entering said service had declared his intention to become a 
subject or citizen of the United States and withdrew such 
intention under the provisions of the act of congress ap- 
proved July ninth, nineteen hundred and eighteen, and 
any person designated as a conscientious objector upon his 
discharge, shall not be deemed a "veteran" within the 
meaning of this chapter. Approved April 20, 1933. 



An Act authorizing the city of boston to compensate Qfidj) 138 

CERTAIN persons FOR DAMAGE TO THEIR PROPERTY BY 
the explosion OF DYNAMITE USED IN CONNECTION WITH 
SEWER CONSTRUCTION. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of discharging a moral 
obligation, the city of Boston may pay to the owners of 



168 Acts, 1933. — Chaps. 139, 140. 

property, located in the West Roxbury district of said 
city, which was damaged on June thirtieth, nineteen hun- 
dred and thirty-two by the explosion of dynamite used in 
connection with sewer construction, in compensation for 
such damage, such sums, not exceeding in the aggregate 
fifteen thousand dollars, as may have been mutually 
agreed upon, prior to the effective date of this act, by the 
legal department of said city and said owners, and as may 
be determined by said legal department and approved by 
the mayor in the case of property with respect to which 
the amount of damages has not been so agreed upon prior 
to said effective date. 

Section 2. This act shall take effect upon its ac- 
ceptance 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 20, 1933. 



Chap. 139 ^N Act relative to the police force of the city of 

CAMBRIDGE. 

Be it enacted, etc., as follows: 

The reserve pohce force of the city of Cambridge, estab- 
hshed under authority of sections twenty-six to twenty- 
eight, inclusive, of chapter one hundred and eight of the 
Revised Laws, is hereby abolished, without prejudice to the 
right of said city hereafter to accept any then existing 
provisions of law providing for the establishment of such a 
force. All members of said reserve police force who on the 
effective date of this act have served as such for six months 
or more shall upon said date become members of the regular 
police force of said city. Approved April 20, 1933. 



Chap. 14:0 -^^ Ac'r AUTHORIZING THE COMMERCIAL TRAVELLERS' EAST- 
ERN ACCIDENT ASSOCIATION OF BOSTON TO CHANGE ITS 
NAME. 

Emergency Whereas, The deferred operation of this act would cause 

preamble. Unnecessary inconvenience and delay, therefore it is hereby 

declared to be an emergency law, necessary for the imme- 
diate preservation of the public convenience. 

Be it enacted, etc., as follows: 

The Commercial Travellers' Eastern Accident Associa- 
tion, of Boston, a fraternal benefit society organized under 
general law, by vote of its directors, with the approval of the 
commissioner of insurance and subject in all other respects 
to section ten of chapter one hundred and fifty-five of the 
General Laws, as most recently amended by chapter eleven 
of the acts of the current year, may change its name to 
Eastern Commercial Travelers Accident Association or a 
similar name. Approved April 26, 193S. 



Acts, 1933. — Chaps. 141, 142, 143. 



169 



An Act authorizing the commercial travellers' boston (7/iax). 141 

BENEFIT association (INCORPORATED), OF BOSTON, TO 
CHANGE ITS NAME. 

Whereas, The deferred operation of this act would cause Emergency 
unnecessary inconvenience and delay, therefore it is hereby ^'^^*™ 
declared to be an emergency law, necessary for the imme- 
diate preservation of the public convenience. 

Be it enacted, etc., as follows: 

The Commercial Travellers' Boston Benefit Association 
(Incorporated), of Boston, a fraternal benefit society organ- 
ized under general law, by vote of its directors, with the 
approval of the commissioner of insurance and subject in all 
other respects to section ten of chapter one hundred and 
fifty-five of the General Laws, as most recently amended by 
chapter eleven of the acts of the current year, may change 
its name to Eastern Commercial Travelers Health Associa- 
tion or a similar name. Approved April 26, 1933. 



Chap. 142 



An Act relative to crop loans to farmers by the 
united states of america. 

Whereas, The deferred operation of this act would in part Emergency 
defeat its purpose to enable Massachusetts farmers to take preamble. 
advantage of certain federal aid, therefore this act is hereby 
declared to be an emergency law, necessary for the imme- 
diate preservation of the public convenience. 

Be it enacted, etc., as follows: 

During the period of three years from the effective date of crop loana 
this act, mortgages executed by farmers on crops growing f°de"T^"*'^ 
or to be grown on land within the commonwealth owned by government. 
them to secure loans from the United States of America 
whereof the proceeds are to be used for the purchase of 
seed, fertilizer and materials for crop production, or any of 
them, shall be deemed to be mortgages of personal prop- 
erty; provided, that such mortgages shall, within thirty 
days from the date written in the mortgage, be recorded on 
the records of the city or town where the mortgagor resides 
when the mortgage is made, and on the records of the city 
or town where he then principally transacts his business. 

Approved April 26, 1933. 



An Act relative to the sale by the new England 
power company of its properties, franchises and 
works in the state of vermont. 

Be it enacted, etc., as follows: 

New England Power Company, a Massachusetts corpora- 
tion subject to chapter one hundred and sixty-four of the 
General Laws, is hereby authorized to sell, transfer and con- 
vey its Vermont properties, franchises and works for cash 



C/iap. 143 



170 



Acts, 1933. — Chap. 144. 



and /or securities and on such terms and conditions as shall 
be approved by vote of at least two thirds of all its stock 
outstanding and entitled to vote and as shall be approved 
by the Massachusetts department of public utilities as con- 
sistent with the public interest. 

Approved April 26, 1933. 



Chap. 14:4: An Act revising the laws relative to co-operative 

BANKS. 



Emergency 
preamble. 



G. L., 170, 
etc., amended. 



Whereas, The deferred operation of this act would tend 
to defeat its purpose, which includes the protection of mem- 
bers of co-operative banks by further limitations upon 
withdrawals, the protection of home owners who find it 
difficult to carry their co-operative bank loans by making 
further provisions for the reduction and suspension of pay- 
ments under loans, the further protection of home owners 
by enabling co-operative banks to borrow from the Federal 
Home Loan Bank for the purpose of making real estate 
loans, and the further protection of members and home 
owners by providing for the consolidation of co-operative 
banks, therefore it is hereby declared to be an emergency 
law, necessary for the immediate preservation of the public 
convenience. 

Be it enacted, etc., as folloivs: 

The General Laws are hereby amended by striking out 
chapter one hundred and seventy, as amended, and insert- 
ing in place thereof the following: 

Chapter 170. 
Co-operative Banks. 



SECT. 

DEFINITIONS. 

1. Definitions. 

INCORPORATION. 

2. Agreement of association. 

3. Notice and hearing. 

4. First meeting. 

5. Articles and certificate of in- 

corporation. 

6. By-laws. 

MANAGEMENT. 

7. Officers, election, etc. 

8. Security committee. 

9. Duties of treasurer. Bonds. 

10. Assistant treasurer. 

11. Meetings, place of business. 

CAPITAL. 

12. Issue of shares. 

13. Payment of dues. 

14. Shares issued to minors or 

fiduciaries. 

15. Joint accounts. 



SECT. 

16. Issue and holding of shares 

hmited. 

17. Withdrawal of shares. 

18. Suspension of shares. 

19. Retirement of shares. 

20. Maturity of shares. 

21. Payment of deferred with- 

drawals and maturities. 

22. Payment of shares of deceased 

shareholder. 

LOANS AND INVESTMENTS. 

23. Method of loaning funds. 

24. Limitation of loans. 

25. Loans and investment of 

funds. 

26. Applications for loans on real 

estate. 

27. Loans on real estate. 

28. Conversion of loans on real 

estate. 

29. Loans on shares. 

30. Interest payments. 

31. Agreement for reduction of 

interest. 



Acts, 1933. — Chap. 144. 



171 



SECT. 

32. Repayment of loans. 

33. Reduction of loans. 

34. Suspension of payments. 

35. Resumption of suspended 

payments. 

36. Recovery of loan. 

37. Real estate acquired. Com- 

mon form mortgages. 

38. Assignment of loans to insur- 

ance companies. 

39. Investment in real estate used 

as place of business. 

40. May borrow money. 

GENERAL PROVISIONS. 

41. Fines. 

42. Transfer of shares. Fee. 

43. Bank or officers not to take 

certain fees, etc. Penalty. 

44. Distribution of earnings. 



45. Guaranty fund. 



SECT. 

46. Surplus account. 

Reserve required. 

General accounts. 

Annual reports. 

Consolidation of banks. 

Reduction of liability. 

Set-off or recoupment of 
shares. 

Powers and duties of commis- 
sioner of banks. 

Fees for examination and 
audit. 

55. May become members of cer- 
tain leagues. 

May become member of Fed- 
eral Home Loan Bank. 

Co-operative banking to be 
done only under this chap- 
ter. Exception. Penalty. 
58. Foreign corporations. 



47. 
48. 
49. 
50. 
51. 
52. 

53. 

54. 



56. 
57. 



DEFINITIONS. 

Section 1. The following words as used in this chapter, 
unless the context otherwise requires, shall have the fol- 
lowing meanings : 

"Commissioner", the commissioner of banks. 

"Corporation" or "bank", a co-operative bank incor- 
porated as such in this commonwealth. 



INCORPORATION. 

Agreement of Association. 

Section 2. Twenty or more persons who associate them- 
selves by a written agreement to form a co-operative bank 
for the purpose of accumulating the savings of its members 
and loaning such accumulations to them may, upon com- 
phance with sections two, three, four and five, become a 
corporation with all the powers and privileges and subject 
to all the duties, restrictions and liabilities set forth in all 
general laws relating to such corporations. Said agree- 
ment shall set forth that the subscribers thereto associate 
themselves with the intention of forming a corporation to 
transact business within the commonwealth, and shall 
specify : 

First. The name by which the corporation shall be 
known, the words "co-operative bank" to form a part 
thereof. 

Second. The purpose for which it is to be formed. 

Third. The town where its business is to be transacted. 

Each associate shall subscribe to the articles his name, 
residence and post office address. 

Notice and Hearing. 

Section 3. The subscribers to said agreement shall give 
notice to the board of bank incorporation of their intention 



172 Acts, 1933. — Chap. 144. 

to form a co-operative bank, and shall apply to said board 
for a certificate that public convenience and advantage 
will be promoted by the establishment thereof. Said 
board may grant such certificate, which shall be deemed 
revoked if the applicants therefor do not become incor- 
porated and begin business within six months after its date 
of issue. Upon receipt of such application, said board 
shall furnish the subscribers a form of notice, specifying the 
names of the proposed incorporators and the name and 
location of the proposed co-operative bank and assigning 
a date and place for a public hearing on the application. 
The subscribers shall publish the notice at least once a week 
for three successive weeks, in one or more newspapers des- 
ignated by said board, and published in the town where it 
is desired to establish the bank, or, if there is no newspaper 
in such town, in the town where a newspaper is published, 
which is nearest to the location of the bank. If said board 
refuses to issue such certificate, no further proceedings shall 
be had, but the application may be renewed after one year 
from the date of the refusal, in which case notice of a pubhc 
hearing thereon shall be published as herein provided. 

First Meeting. 

Section 4- The first meeting of the subscribers to the 
agreement of association shall be called by a notice signed 
either by that subscriber to the agreement who is desig- 
nated therein for the purpose, or by a majority of the sub- 
scribers; and the notice shall state the time, place and pur- 
pose of the meeting. A copy of the notice shall, seven 
days at least before the day appointed for the meeting, be 
given to each subscriber, or left at his residence or usual 
place of business, or deposited in the post office, postage 
prepaid, and addressed to him at his residence or usual 
place of business, and another copy thereof and an affidavit 
by one of the signers that the notice has been duly served 
shall be recorded with the records of the corporation. If 
all the incorporators shall in writing, endorsed upon the 
agreement of association, waive such notice and fix the time 
and place of the meeting, no notice shall be required. The 
subscribers to the agreement of association shall hold the 
franchise until the organization has been completed. At 
the first meeting, or at any adjournment thereof, the incor- 
porators shall organize by the choice by ballot of a tem- 
porary clerk, by the adoption of by-laws and by the election, 
in such manner as the by-laws may determine, of a presi- 
dent, a clerk of the corporation, a treasurer, a board of not 
less than five directors, and such other officers as the by- 
laws may prescribe. All the officers so elected shall be 
sworn to the faithful performance of their duties. The tem- 
porary clerk shall make and attest a record of the proceed- 
ings until the clerk has been chosen and sworn, including a 
record of the choice and qualification of the clerk. 



Acts, 1933. — Chap. 144. 173 

Articles and Certificate of Incorporation. 

Section 5. The president and a majority of the directors 
who are elected at the first meeting shall make, sign and 
make oath to, articles in duplicate setting forth : 

(o) A true copy of the agreement of association, the 
names of the subscribers thereto, and the name, residence 
and post office address of each of the ofiicers of the cor- 
poration, 

(6) The date of the first meeting and the successive ad- 
journments thereof, if any. 

One duplicate original of the articles so signed and sworn 
to shall be submitted to said board, and the other, together 
with the records of the proposed corporation, to the com- 
missioner of corporations and taxation, who shall examine 
the same and may require such amendment thereof or such 
additional information as he considers necessary. If he 
finds that the articles conform to the three preceding sec- 
tions, and that sections three and six have been complied 
with, he shall so certify and endorse his approval thereon. 
Thereupon the articles shall be filed in the office of the state 
secretary, who upon receipt of five dollars shall issue a 
certificate of incorporation in the following form: 

Commonwealth of Massachusetts. 

Be it known that whereas (the names of the subscribers to the 
agreement of association) have associated themselves with the 
intention of forming a corporation under the name of (the name 
of the corporation), for the purpose (the purpose declared in the 
agreement of association), and have compUed with the provi- 
sions of the statutes of this commonwealth in such case made 
and provided, as appears from the articles of organization of 
said corporation, duly approved by the commissioner of corpora- 
tions and taxation and recorded in this office: Now, therefore, 
I (the name of the state secretary), secretary of the common- 
wealth of Massachusetts, do herebj' certify that said (the names 
of the subscribers to the agreement of association), their asso- 
ciates and successors, are legally organized and established as, 
and are hereTjy made, an existing corporation under the name 
of (name of the corporation), with the powers, rights and privi- 
leges, and subject to the limitations, duties and restrictions, 
which by law appertain thereto. 

Witness my official signature hereunto subscribed, and the 
great seal of the commonwealth of Massachusetts hereunto 
affixed, this day of in the year (the 

date of the filing of the articles of organization). 

The state secretary shall sign the certificate of incorpora- 
tion and cause the great seal of the commonwealth to be 
affixed thereto, and such certificate shall have the force and 
effect of a special charter. The existence of every such cor- 
poration which is not created by special law shall begin 
upon the fifing of the articles of organization in the office 
of the state secretary, who shall also cause a record of the 
certificate of incorporation to be made, and such certificate 
or such record, or a certified copy thereof, shall be conclusive 
evidence of the existence of the corporation. 



174 Acts, 1933. — Chap. 144. 

By-Laws. 

Section 6. The shareholders of every such corporation 
shall make and adopt the necessary by-laws consistent 
with law for the government of its affairs. Copies of all 
by-laws and changes or additions thereto shall be filed with 
the commissioner immediately upon their adoption. All 
such by-laws, changes and additions shall be approved by 
the commissioner before becoming effective. 

The by-laws shall provide for and determine — 

(a) The time for holding the annual meeting of the share- 
holders and the monthly meetings of the board of directors, 
and for the receipt of moneys. 

(6) The manner of calling either regular or special meet- 
ings. 

(c) The number necessary to constitute a quorum at all 
meetings. 

{d) The qualifications of electors. 

(e) The number, title and duties of officers and standing 
committees, their terms of office and the manner of their 
election or appointment. 

(/) The care and custody of money, securities and prop- 
erty of the bank. 

({/) The method of loaning the funds of the bank. 

(h) The proportion of profits, if any, to be reserved upon 
voluntary withdrawals. 

(?) The time within which satisfactory security for real 
estate loans shall be offered. 

(j) Whether partial payments of less than fifty dollars 
may be received upon loans. 

ik) The rate of fines to be charged upon delinquent pay- 
ments. 

(0 The manner of transferring shares and the fee 
therefor. 

(m) The manner in which and conditions under which 
the by-laws may be amended. 

MANAGEMENT. 

Officers, Election, etc. 

Section 7. The business and affairs of every such cor- 
poration shall be managed by a board of not less than five 
directors to be elected by the shareholders. Directors may 
be elected for terms of not less than one nor more than three 
years, and, in case the term is more than one year, they 
shall be divided into classes and an equal number, as nearly 
as may be, elected each year. All vacancies in the board or 
in any office may be filled by the board of directors for the 
unexpired term. The directors may employ such addi- 
tional assistance as they may deem necessary and deter- 
mine the compensation therefor. Each officer and director 
when appointed or elected shall take an oath that he will 
faithfully and impartially discharge the duties devolving 
upon him, and the fact that the oath has been taken shall 



Acts, 1933. — Chap. 144. 175 

be entered in the records of the corporation ; and if a person 
appointed or elected does not, within thirty days there- 
after, take the oath, his office shall thereupon become 
vacant. The clerk of the corporation shall be chosen by 
the shareholders, and the president, vice president, treas- 
urer, assistant treasurer, if any, and other officers whose 
election is not otherwise herein expressly provided for, shall 
be chosen by the board of directors. No shareholder shall 
be entitled to more than one vote at any meeting, and no 
shareholder shall vote by proxy. All officers shall be 
elected by ballot, shall be shareholders when nominated, 
and shall continue to hold their offices until their successors 
shall have been chosen and shall have assumed their duties, 
and no such corporation shall expire from neglect to elect 
officers at the time prescribed in its by-laws. If an officer 
ceases to be a shareholder, his office shall thereupon become 
vacant. If a director fails both to attend the regular meet- 
ings of the board and to perform any of the duties devolv- 
ing upon him as such director for six consecutive months, 
his office may be declared by the board at the next regular 
meeting to be vacant. A record of any vacancy shall be 
entered upon the books of the corporation, and a transcript 
of such record shall be sent by mail to the person whose 
office has been made vacant. The records of all meetings 
of the corporation and board of directors shall be read by 
the president or a director, other than the clerk, designated 
by the president. 

Security Committee. 

Section 8. At the first meeting of the board of directors 
after the annual meeting for the election of officers, the 
board shall elect from its own number a security committee 
of at least three members, who shall examine real estate 
offered as security for loans and report thereon as required 
by section twenty-six, and shall perform such other duties 
as may be required of them by law. 

The personal examination of any parcel of real estate by 
the security committee may be omitted by special vote of 
the board of directors. 

No member of the security committee shall make an 
official report upon property offered as security for a loan 
in which he has a personal interest. 

Duties of Treasurer. Bonds. 

Section 9. The treasurer shall keep the accounts and 
have charge of all books and papers necessary therefor, and 
dispose of and secure the safe-keeping of all money, secu- 
rities and property of the corporation, in the manner desig- 
nated by the by-laws, and the treasurer, and all other 
permanent employees having access at all times to the cash 
or negotiable securities, shall give to the corporation bonds 
for the faithful performance of their respective duties in 
such amounts as the board of directors may require, in ac- 



176 Acts, 1933. — Chap. 144. 

cordance with section twenty-four of chapter one hundred 
and sixty-eight relative to savings banks, except that the 
giving of schedule or blanket bonds shall be permitted only 
in the discretion of the commissioner. 

Assistant Treasurer. 

Section 10. Such corporation may provide in its by-laws 
for an assistant treasurer if the commissioner approves and, 
if it has assets in excess of five milhon dollars, for such 
additional number of assistant treasurers as the commis- 
sioner approves. An assistant treasurer may perform all 
the duties of the treasurer. 

Meetings, Place of Business. 

Section 11. The board of directors shall hold stated 
monthly meetings at any place in the town where the bank 
is located, and its usual business shall be transacted at its 
office only, which shall be in the town named in its agree- 
ment of association ; but moneys due the bank may be col- 
lected by the treasurer, or other person duly empowered by 
the directors, upon such days and in such other places as 
may be designated by vote of the board of directors and 
approved by the commissioner, and the bank may advertise 
these branches in such manner as the commissioner may 
prescribe. 

CAPITAL. 

Issue of Shares. 

Section 12. The capital to be accumulated shall be un- 
limited and shall be divided into shares of the ultimate 
value of two hundred dollars each. The shares may be 
issued in quarterly, half yearly or yearly series, in such 
amounts and at such times as the board of directors may 
determine. Shares of a prior series may be issued after a 
new series, subject to the approval of the board of directors. 
Paid-up shares may be issued, subject to the approval of the 
board of directors, each share to have a value of two hun- 
dred dollars, which shall be paid by the purchaser when the 
shares are issued, together with interest from the last dis- 
tribution of profits at a rate fixed by the directors, but not 
in excess of the rate distributed to unmatured shares. 
The total value of paid-up shares outstanding at any one 
time shall not exceed ten per cent of the assets of the cor- 
poration. 

Payment of Dues. 

Section 13. On or before the regular monthly meeting 
for the receipt of moneys, as fixed by the by-laws, every 
shareholder shall pay to the corporation, as a contribution 
to its capital, one dollar as dues upon each unmatured 
share held by him until it is withdrawn, forfeited, sus- 
pended, retired or matured. Payment of dues on each 
series shall begin with its issue. 



Acts, 1933. — Chap. 144. 177 

Shares Issued to Minors or Fiduciaries. 

Section I4. Shares may be issued to and held by minors, 
by corporations and by fiduciaries, including a trustee in 
bankruptcy or receiver, if he is duly authorized to receive 
and hold such shares by an order or decree of the court by 
which he was appointed. Shares held by a minor may, in 
the discretion of the directors, be withdrawn, as provided in 
section seventeen, by the minor or by his parent or guardian, 
and in either case payments made on such withdrawals 
shall be valid. A minor under the age of eighteen shall not 
have the right to vote upon shares held by him in his own 
name. If shares are held in trust, the name and residence 
of the beneficiary shall be disclosed and the account shall 
be kept in the name of the holder as trustee for such person. 
If no other notice of the existence and terms of the trust 
has been given in writing to the corporation, such shares 
may, upon the death of the trustee, be withdrawn by the 
person named as beneficiary or by his legal representatives. 
Persons holding shares in any capacity as provided in this 
section, whether or not originally issued to them in such 
capacity, shall have the legal authority to transfer, pledge, 
assign or withdraw said shares subject to the provisions of 
law and the by-laws of the corporation. Except as other- 
wise provided in this chapter and in chapter one hundred 
and fifty-five, title to shares shall devolve and pass in the 
same manner as title to other personal property. 

Joi7it Accounts. 

Section 15. Shares may be issued to and held in the 
name of two or more persons as joint tenants, or in the 
name of two or more persons or the survivor or survivors 
of them, or in the name of husband and wife as tenants by 
the entirety. Payment to any of the persons so holding 
shares, while all of them are living, shall discharge the 
liability to all, and in the event of the death of any one of 
them the corporation shall be liable only to the survivor or 
survivors of them, and a payment to any of the survivors 
shall discharge the liability of the corporation to all sur- 
vivors. Shares may be issued and held by two or more per- 
sons as tenants in common. Any one of the holders of shares 
held jointly, by survivorship, by the entirety or in common, 
who is not also entitled to vote as an individual shareholder 
or otherwise, may vote as the representative of all such 
holders at any meeting of the shareholders; but if more 
than one holder of shares so held attempts to vote as the 
representative of all, none of such holders shall be permitted 
to vote. 

Issue and Holding of Shares Limited. 

Section 16. Except as otherwise provided in this sec- 
tion, no person shall hold more than forty unmatured, ten 
matured and ten paid-up shares in any one bank at the 
same time, and the number of shares which may be held at 



178 Acts, 1933. — Chap. 144. 

the same time in any joint account provided for in section 
fifteen shall not exceed eighty unmatured shares, twenty 
matured and twenty paid-up shares. Either party to such 
a joint account may also hold shares in his individual name, 
but the total amount of such shares held by him, both 
jointly and individually, in such corporation at the same 
time shall not exceed eighty unmatured shares, twenty 
matured shares and twenty paid-up shares. Shares issued 
to and held by more than one fiduciary in the same estate 
shall not be considered as a joint account under this chapter. 
Any person, however, who has received shares in a co-opera- 
tive bank by inheritance or devise under a will, or by execu- 
tion of a power of attorney contained in any mortgage by 
the foreclosure thereof, may continue to hold such shares 
notwithstanding that the total number of his shares thereby 
becomes greater than the hmits provided in this section. 

There shall be no hmit to the number of shares that may 
be issued to qualify for a co-operative bank mortgage, upon 
property purchased from the corporation. 

Withdrawal of Shares. 

Section 17. A shareholder, upon giving thirty days' 
written notice to the treasurer of his intention so to do, may 
withdraw unmatured shares not pledged for real estate loans, 
and, upon giving ninety days' written notice to the treasurer 
of his intention so to do, may withdraw matured or paid-up 
shares, but the treasurer may waive such notice, in his dis- 
cretion, under such restrictions as may be imposed by the 
board of directors. Such shareholder shall be paid the bal- 
ance remaining after deducting from the amount then 
standing to the credit of the shares all fines, any other 
charges legally incurred, and such part of the profits 
credited thereto as the by-laws may prescribe. All with- 
drawals shall be paid in the order of the expiration of the 
notices thereof. The directors may at any time order that 
not more than one half of the then cash on hand and in 
banks and one half of the funds received thereafter until 
such order is rescinded shall be apphcable to the demands 
of withdrawing shareholders, and such limitations shall be 
effective until the rescission of such vote, except as other- 
wise provided in section twenty-one. Whenever there is 
an unusual demand for the withdrawal of shares, the board 
of directors, with the approval of the commissioner, or the 
commissioner, in his discretion, may order that the right of 
any withdrawing shareholder, or the holder of shares which 
have reached maturity, to payment of the withdrawal value 
of his shares shall be limited to not in excess of twenty per 
cent of the value of said shares, or four hundred dollars, at 
any one time. Said sums shall be paid in order upon the 
expiration of the notice or the date of shares reaching ma- 
turity and in rotation. While the foregoing order is in 
effect no loans from the funds of the corporation shall be 
made except loans on its shares, nor shall dividends be paid 



Acts, 1933. — Chap. 144. 179 

in cash to the holders of matured and paid-up shares on 
which notice of withdrawal has been filed. Said dividends 
shall be credited to the account of the holder and shall 
be distributed as prescribed in the order of limitation of 
payments. 

No loans shall be made, secured by the value of the 
shares of the borrower, in excess of the limitations applying 
to withdrawals under this section, while any restrictions as 
to withdrawals are in force. 

Suspension of Shares. 

Section 18. The shares of a non-borrower who continues 
in arrears more than six months shall, at the option of the 
directors, if he fails to pay the arrears within thirty days 
after notice, be declared suspended, and the withdrawal 
value of the shares at the time of suspension shall be ascer- 
tained, and after deducting all fines and other legal charges 
the balance remaining shall be transferred to an account to 
be designated as the "suspended shares account", to the 
credit of the defaulting shareholder, who shall be entitled, 
upon thirty days' notice, to receive out of the funds appro- 
priated for the payment of withdrawals the balance so 
transferred without interest from the time of the transfer, 
all defaulting shareholders being entitled to receive their 
balances so transferred in the order of the expiration of the 
notices thereof. All shares suspended shall cease to partici- 
pate in any profits accruing after the adjustment and valua- 
tion of shares last preceding said suspension. 

Retirement of Shares. 

Section 19. The directors may retire the unpledged 
shares of any series after four years from the date of their 
issue, by enforcing the withdrawal of the same in the fol- 
lowing manner: the treasurer shall seasonably send to every 
shareholder in the series in which the shares are to be retired 
a notice in the following form, and the shares shall be retired 
in accordance with its provisions: 

The board of directors have voted to retire on the 
day of , 19 , shares in series No. , in 

which you are a shareholder. 

Should you desire to have your shares, or any number of 
them, retired and to receive the full value thereof, you will 
please notify the treasurer in writing on or before 
19 

If the shares voluntarily offered exceed the number desired, 
the shares to be retired will be determined by lot from those 
offered. 

If the number so offered is less than the number desired, the 
number offered shall be retired and the balance determined by 
lot from the remaining shares in the series. 

The shareholders whose shares are retired shall be paid 
the full value thereof, less all fines and any other charges 
legally incurred. Shares pledged for share loans shall be 
treated as unpledged shares. Wherever shares are retired 



180 Acts, 1933. — Chap. 144. 

between the dates of adjustment of profits, interest shall be 
paid upon the full value of the shares from the date of the 
preceding adjustment to the date of retirement, at the rate 
at which profits were distributed at said preceding adjust- 
ment. 

The directors may, under rules made by them, retire 
matured or paid-up shares at any time and in such order and 
manner as they may provide. 

The commissioner, whenever he deems it necessary for 
the welfare of the shareholders in any such corporation, may 
order the retirement of matured and paid-up shares or of 
unmatured shares in any series after four years from the 
date of issue, and the board of directors shall, in the man- 
ner hereinbefore provided, comply with the order of the 
commissioner. 

Maturity of Shares. 

Section 20. Whenever shares of a given series reach a 
value of two hundred dollars, either by the payment of 
dues, the addition of a regular dividend or the addition of 
interest as hereinafter provided, they shall be deemed ma- 
tured and all payments of dues thereon shall cease, and the 
owner of each unpledged share shall be paid out of the funds 
of the corporation the matured value thereof, subject to all 
other provisions of this chapter. For the purpose of deter- 
mining the maturity of shares between the dates of adjust- 
ment of profits, there shall be added to the value of the 
shares interest for all full months from the date of the pre- 
ceding adjustment to the date when the addition thereof 
will mature the shares. The interest to be added shall be 
at the same rate at which profits were distributed at the 
last preceding adjustment; but before the payment of ma- 
tured shares all arrears and fines shall be deducted. If the 
shareholder shall so elect, and at the option of the directors, 
there may be issued to the holder thereof a certificate for 
any number of shares that have matured, not exceeding ten, 
and such shares shall continue as matured shares in said 
corporation, subject to be withdrawn or retired as provided 
in sections seventeen and nineteen. In the event of the dis- 
solution and winding up of such corporation, by process of 
law or otherwise, any member holding matured or paid-up 
shares of such corporation shall not thereby be entitled to 
any preference over any holder of unmatured shares, and 
all shares, whether matured, paid-up or unmatured, shall 
be held and treated as belonging to one general class of 
liability. 

Payment of Deferred Withdrawals and Maturities. 

Section 21. Whenever a notice of withdrawal of either 
unmatured, matured or paid-up shares has been filed, or 
shares have reached maturity and no certificate thereof has 
been issued under section twenty, and there has been no 
payment made thereon under section seventeen for a period 



Acts, 1933. — Chap. 144. 181 

of six months from the date when payment thereof is due, 
all the receipts of the bank from any source whatever shall, 
after the payment of the legitimate expenses of conducting 
business and the payment of such dividends as may be 
allowed by the commissioner, be applied to the payment of 
such withdrawals and maturities of shares; and the com- 
missioner shall direct the method of disbursing the funds of 
the bank. This section shall not apply to a bank which 
may become subject to sections twenty-two to thirty-six, 
inclusive, of chapter one hundred and sixty-seven. 

Payment of Shares of Deceased Shareholder. 

Section 22. Upon the death of any shareholder, the 
value of the shares standing in his name shall be paid to his 
legal representatives; provided, that if the value thereof 
does not exceed two hundred dollars, and there has been no 
demand for payment thereof by a duly appointed executor 
or administrator, payment may be made, in the discretion 
of the president and treasurer of the corporation, after the 
expiration of thirty days from the death of such share- 
holder, to the husband, widow or next of kin of such de- 
ceased, upon presentation of a copy of the death certificate 
and the surrender of the pass book or certificate evidencing 
the shares, and such payment shall be a full discharge of all 
obligations of the corporation in respect to such shares. 

LOANS AND INVESTMENTS. 

Method of Loaning Funds. 

Section 23. The funds accumulated, after due allowance 
for all necessary expenses and the payment of shares, may, 
at each stated monthly meeting, be loaned to quahfied 
applicants at a rate of interest not less than five per cent per 
annum, payable in monthly instalments upon the amount 
loaned, except as otherwise provided in section twenty- 
eight. 

Limitation of Loans. 

Section 24- Any person whose application is accepted 
shall be entitled, upon giving proper security, to receive a 
real estate loan of not exceeding two hundred dollars for 
each unpledged share held by him, or a share loan within the 
limitations hereinafter provided. 

Loans and Investment of Funds, 

Section 25. The directors may invest funds in any of the 
securities named in the second clause of section fifty-four of 
chapter one hundred and sixty-eight, or in the stock or obli- 
gations of the Federal Home Loan Bank referred to in sec- 
tion fifty-six of this chapter, or of any successor of said 
bank, or may loan such funds upon first mortgages on real 
estate situated in this commonwealth or upon the shares of 
the corporation, subject to the provisions of sections twenty- 
six to twenty-nine, inclusive, at a rate fi^ed by the board of 



182 Acts, 1933. — Chap. 144. 

directors. The corporation may loan such funds to other 
co-operative banks, and may make loans to the holders 
of unpledged unmatured, matured and paid-up shares of 
other co-operative banks, on such terms and at such rate 
of interest as may be fixed by the board of directors. 

Applications for Loans on Real Estate. 

Section 26. No loan shall be made upon real estate unless 
a written application is made therefor, showing the date, 
name of applicant, amount of loan desired, description of 
property offered and other information deemed necessary. 
A written report thereon shall be made by at least two mem- 
bers of the security committee, signed by them, approving 
the security offered and certifying to the value of the prop- 
erty according to their best judgment. The application 
and report shall be filed and preserved with all other papers 
relating to the loan. 

Loans on Real Estate. 

Section 27. For every loan made upon real estate a note 
shall be given, accompanied by a transfer and pledge of the 
requisite number of shares standing in the name of the bor- 
rower, and secured by a mortgage of real estate situated in 
the commonwealth, the title to which is in the name of the 
borrower and which is unencumbered by any mortgage or 
lien other than municipal liens or such as may be held by 
the corporation making the loan. No loan upon one parcel 
of real estate shall exceed eight thousand dollars, and no 
loan shall exceed eighty per cent of the value of the mort- 
gaged property, if improved real estate, nor more than fifty 
per cent of such value, if vacant land, as certified by the 
security committee. The shares so pledged shall be held by 
the corporation as collateral security for the performance 
of the conditions of the note and mortgage. The note and 
mortgage shall recite the number of shares and the series to 
which the shares belong and the amount of money advanced 
thereon, and shall be conditioned upon the payment at or 
before the stated meetings of the corporation of the monthly 
dues on said shares, and the interest upon the loan, with all 
fines on payments in arrears, until said shares reached their 
matured value or until said loan is otherwise cancelled and 
discharged. If the borrower fails to offer security satis- 
factory to the directors within the time prescribed by the 
by-laws, his right to the loan shall be forfeited and he may 
be charged with one month's interest at the determined rate, 
and with such part of the expenses incurred as may be deter- 
mined by the board of directors; and the money appro- 
priated for such loan may subsequently be reloaned. 

Conversion of Loans on Real Estate. 

Section 28. Whenever the full value of all shares orig- 
inally and subsequently pledged to secure any loan on im- 
proved real estate made and secured as aforesaid, after 



Acts, 1933. — Chap. 144. 183 

deducting all fines and other charges legally incurred 
respecting said shares, shall equal or exceed twenty-five 
per cent of the original amount of the note evidencing such 
loan, but not earlier than four years after the date of said 
note, such loan may, at the option of the owner of such 
shares and with the approval of the directors, be converted 
into a demand or time loan bearing interest at a determined 
rate payable monthly or quarterly, and evidenced by a new 
note secured by a first mortgage in common form upon said 
real estate; provided, that upon apphcation of the share- 
holder for such conversion, a report approving the security 
for such converted loan and a certification of the value of 
the real estate securing the same shall be made in the man- 
ner provided by section twenty-six for original co-operative 
bank loans, and that said loan when so converted will not 
exceed sixty per cent of the value of the real estate securing 
the same, as certified as aforesaid, and said shareholder shall 
subscribe for such number of shares in the current series and, 
until the discharge of such converted loan, shall hold such 
number of shares as the treasurer may determine. 

In the event of the conversion as aforesaid of a co-opera- 
tive bank mortgage into a common form mortgage, the full 
value of the shares pledged to secure the co-operative bank 
mortgage, after deducting all fines and any other charges 
legally incurred and such sum as will leave the unpaid bal- 
ance a multiple of fifty dollars, shall be credited to the 
owner thereof, the co-operative bank mortgage discharged 
and the shares pledged to secure the same surrendered and 
cancelled. 

No loan or mortgage shall so be converted as to render 
the total amount of such converted loans held by such cor- 
poration in excess of fifteen per cent of the aggregate amount 
of loans secured by mortgages of real estate held by such 
corporation. Every parcel of real estate mortgaged to 
secure a converted loan shall be revalued at intervals of not 
more than three years so long as it is so mortgaged, by at 
least two members of the security committee of the corpora- 
tion, who shall certify in writing according to their best 
judgment the value of the real estate so mortgaged. Such 
reports shall be filed and preserved with the records of the 
corporation. If, at the time of any such revaluation, the 
amount outstanding on such a converted loan is in excess of 
sixty per cent of the value of the real estate mortgaged to 
secure the same, a reduction in the amount of such loan 
shall be required, as promptly as may be practicable, 
sufficient to bring its amount within sixty per cent of the 
said value; provided, that no such reduction shall be 
required prior to the maturity of the loan. 

Loans on Shares. 

Section 29. Loans may be made upon unmatured, ma- 
tured or paid-up shares which are not already pledged, 
except as provided in section seventeen, to an amount not 



184 Acts, 1933. — Chap. 144. 

exceeding ninety per cent of their withdrawal value at the 
time of the loan, and for every such loan a note shall be 
given, accompanied by a transfer and pledge of the shares 
borrowed upon as collateral for the loan. 

Loans upon shares held in the names of two or more per- 
sons, except fiduciaries and persons holding as tenants in 
common, may be made to one or more of the owners thereof, 
and a note signed by such owner or owners shall be deemed 
a valid pledge of the shares in said account and sufficient 
evidence of the debt created thereby, notwithstanding that 
said note is not signed by all or any other owner thereof. 

No loans shall be made on shares held in trust unless 
power so to borrow is contained in the instrument creating 
the trust or given by a decree of the probate court having 
jurisdiction. 

Interest Payments. 

Section 30. A borrowing shareholder shall, in addition 
to the dues on his shares, pay interest monthly on his loan, 
at the determined rate, or as provided in section thirty-one, 
until his shares reach their matured value, or until the loan 
has been repaid. Interest may be computed from the date 
on which the money is advanced; and when the said ma- 
tured value is reached, the shares shall be cancelled, the loan 
discharged, and the balance, if any, due upon the shares 
shall be paid to the member. 

Agreement for Reduction of Interest. 

Section 31. If at any time the board of directors, by a 
two thirds vote of all the directors, elect to reduce the rate 
of interest on any outstanding real estate loans, a new mort- 
gage shall not be required, but a written agreement for the 
reduction of said rate of interest, signed by the borrowing 
shareholder and the treasurer of the bank, shall be valid and 
shall not otherwise affect or impair the existing mortgage, 
and thereafter the shareholder shall make the monthly pay- 
ments on the loan in accordance with the terms of said 
agreement. 

Repayment of Loans. 

Section 32. A loan may be repaid by the owner or 
owners of the equity of redemption at any time, whereupon 
the account shall be charged with the full amount of the 
loan, all monthly instalments of interest and fines in arrears 
and any other legal charges. Credit shall be given for the 
withdrawal value of the shares pledged and transferred as 
security, the pass book shall be surrendered to the corpora- 
tion, and the balance shall be received by the corporation in 
full satisfaction of said loan. In all settlements made be- 
tween stated meetings for the receipt of money loan interest 
shall be charged as of the date of the stated meeting next 
succeeding such settlement. Such owner or owners desir- 



Acts, 1933. — Chap. 144. 185 

ing to retain his shares and membership must repay his loan 
without claiming credit for his shares. 

Partial payment of loans shall be received in amounts of 
fifty dollars or a multiple thereof, or in such less amount as 
may be fixed by the by-laws. For each two hundred dol- 
lars so repaid upon a real estate loan, upon request of the 
shareholder one share of stock shall be released from pledge. 

Reduction of Loans. 

Section S3. With the approval of the board of directors, 
any shares pledged for a real estate loan may, at the request 
of the owner thereof, be cancelled, whereupon there shall be 
endorsed on the mortgage note as a credit upon the amount 
of the loan the full value of such shares, less all monthly 
instalments of interest and fines in arrears, unpaid taxes at 
the option of the directors, any other legal charges and such 
sum as will leave the amount of the loan a multiple of fifty 
dollars. Such cancellation and credit may be made even 
if the amount of the loan will not thereby be reduced as to 
principal. Thereupon new shares in the current series shall 
be issued to the shareholder in the proportion of one share 
to each two hundred dollars of the loan then remaining un- 
paid. The new shares issued shall be transferred and 
pledged to the bank as security for the amount of the loan 
remaining unpaid, and the fact thereof shall be endorsed 
upon or attached to the note in the following form : 

,19 . 

The value of the shares herein pledged, less deductions au- 
thorized by section thirty-three of chapter one hundred and 
seventy of the General Laws, as amended, amounting to $ , 

has this day been applied as a credit upon this note, leaving a 
balance due and unpaid of $ , to secure which 

shares of series have been issued, and are hereby 

transferred and pledged. 

For value received, I or we promise to pay to said corpora- 
tion or its order dollars at or before its monthly meet- 
ing on the day of each month hereafter, being the 
amount of the monthly dues on the shares hereby substituted, 
and of the monthly interest upon said balance of $ , to- 
gether with all fines chargeable by the by-laws of said corpora- 
tion upon arrears of such payments until said substituted 
shares shall reach maturity, or otherwise sooner pay to said 
corporation or its order the said balance of $ , with 
interest and fines as aforesaid. 

Witness, 

(Signature) 

Approved 

Treasurer. 

Neither the note evidencing the loan nor the mortgage 
securing the same shall be prejudiced by the application of 
the value and the change of shares, notwithstanding the 
fact that a provision for such application and change was 
not originally made in the note or mortgage, and both note 
and mortgage shall continue to be held by the bank as good 
and sufficient security for the balance remaining unpaid. 



186 Acts, 1933. — Chap. 144. 

After the application of the value as a credit, the amount 

of the loan shall forthwith be reduced to an equal extent, 

and the owner shall thereafter be liable for only the reduced 

. amount and any arrearages or penalties occasioned by his 

own default. 

No action under this section shall affect the rights of the 
holder, other than the corporation granting the accommo- 
dation, of any mortgage recorded prior to June first, nine- 
teen hundred and thirty-three, unless the written assent of 
such holder shall be obtained, nor shall any such action 
affect the rights of an original borrower whose note is dated 
prior to said date, unless his written assent shall be ob- 
tained. 

Suspension of Payments. 

Section 34- For the accommodation of any owner of 
shares pledged for a real estate loan who is actually engaged 
in the military or naval service of the United States, or who 
is the wife or a dependent member of the family of a person 
so engaged, or for the accommodation of any owner of 
shares so pledged who is otherwise temporarily unable to 
make payments to such a corporation on account of his loan 
because of unemployment or other emergency, the directors 
may cause to be endorsed on the mortgage note, as a credit 
upon the amount of the loan, the full value of the shares 
pledged to secure the same, less all monthly instalments of 
interest and fines in arrears, unpaid taxes at the option of 
the directors, any other legal charges and such sum as will 
leave the amount of the loan a multiple of fifty dollars, and 
thereupon such shares shall be cancelled and further pay- 
ments and fines waived. Such credit and cancellation may 
be made even if the amount of the loan will not thereby be 
reduced as to principal. The amount of the loan remaining 
due as aforesaid shall be payable as provided in section 
thirty-five with interest payable monthly at the rate existing 
at the time of suspension and subject to such fine as may be 
prescribed by the by-laws of the corporation for default by 
shareholders in payment of interest and to foreclosure or 
other remedy provided by law, in case of default; provided, 
that the person seeking such accommodation, or any person 
in his behalf, shall sign a written request therefor, stating 
his reasons and agreeing in consideration thereof to abide 
fully by the terms of this section and section thirty-five and 
also all requirements of the directors, who shall be the sole 
judges of the necessity of the accommodation and the time 
when such accommodation shall be terminated; and pro- 
vided, further, that no suspension of payments as aforesaid 
for any cause other than that the accommodated person is 
engaged in the military or naval service of the United 
States or is the wife or a dependent member of the family 
of a person so engaged shall extend for a period longer than 
two years. 

Neither the note evidencing the loan nor the mortgage 



Acts, 1933. — Chap. 144. 187 

securing the same shall be prejudiced by the application of 
the value of the shares provided for in this section or the 
pledging of new shares provided for in section thirty-five, 
notwithstanding the fact that a provision for such applica- 
tion and pledging was not originally made in the note or 
mortgage, and both note and mortgage shall continue to be 
held by the corporation as good and sufficient security for 
the balance remaining unpaid. 

Resumption of Suspended Payments. 

Section 35. The person thus accommodated, or his suc- 
cessors in title, may at any time, and shall upon the request 
of the directors at any time after the expiration of said 
military or naval service or after the period of accommoda- 
tion granted under section thirty-four for temporary in- 
ability to make the required payments has been terminated 
as therein provided, or after the vesting in either case of the 
mortgaged estate in a person other than the person accom- 
modated, subscribe to and pledge as security for the bal- 
ance due on the loan one new share in the current series 
issued by the corporation for each two hundred dollars or 
fraction thereof of said balance. Failure to subscribe to 
and pledge such shares, when so requested, or to make 
payments thereon in accordance with law or the by-laws 
of the corporation, shall render said balance immediately 
due and payable, and payment thereof may be enforced 
against the security by foreclosure proceedings or by any 
other remedy provided by law for the collection of debts. 
The fact of the pledging of new shares shall be endorsed 
upon or attached to the note in the following form: 

, 19 . 

The value of the shares formerly pledged herein, less deduc- 
. tions authorized by section thirty-four of chapter one hundred 
and seventy of the General Laws, as amended, amounting to 
$ , has been applied on the day of 

as a credit upon this note, leaving a balance due and unpaid of 
$ , to secure which shares of series have 

been issued, and are hereby transferred and pledged. For value 
received, I or we promise to pay to said corporation or to its 
order dollars at or before its monthly meeting on the 

day of each month hereafter, being the amoimt of 
the monthly dues on the shares hereby substituted, and of the 
monthly interest upon said balance of $ , together with, all 

fines chargeable by the by-laws of said corporation upon arrears 
of such payments, until said substituted shares shall reach ma- 
turity, or otherwise sooner to pay to said corporation or its order 
the said balance of $ , with interest and fines as afore- 

said. 

Witness, 

(Signature) 

Approved 

Treasurer. 

No action under this section shall affect the rights of the 
holder, other than the corporation granting the accommo- 
dation, of any mortgage recorded prior to June first, nine- 



188 Acts, 1933. — Chap. 144. 

teen hundred and thirty-three, unless the written assent of 
such holder shall be obtained, nor shall any such action 
affect the rights of an original borrower whose note is dated 
prior to said date, unless his written assent shall be ob- 
tained. 

Recovery of Loan. 

Section 36. If the owner of shares pledged for a real 
estate loan is in arrears for dues, interest or fines for four 
monthly payments or commits any breach of the conditions 
of a mortgage, the directors may, after twenty-one days' 
notice, mailed to the last known address of the shareholder, 
declare the shares forfeited if the arrears then remain 
unpaid, or such breach continues. The account of the 
shareholder shall then be debited with the arrears of interest 
and fines to the date of forfeiture, and the shares shall be 
credited upon the loan at their withdrawal value. The 
balance of the account shall immediately become due and 
payable, and may, and after six months shall, be enforced 
against the security, and be recovered, together with inter- 
est thereon, as all debts are recovered at law. If the shares 
of a shareholder are in arrears at the maturity of the series, 
his account shall be charged with the amount of the loan 
and all arrears at the date of maturity, and shall be credited 
with the value of the shares; the balance of the account 
shall immediately become due and payable, and may, and 
after six months shall, be enforced against the security, and 
be recovered, together with interest thereon, as all debts 
are recovered at law. 

In the event of the transfer or pledge of shares in any 
class to the corporation as collateral security for a loan, or 
as collateral security for the performance of the conditions 
of a mortgage, or if said shares held as collateral are sold or 
forfeited for the non-performance of the conditions of said 
loan, or if said mortgage is foreclosed for breach of the con- 
ditions thereof, the treasurer of the corporation shall have 
full authority to transfer or assign all the shares pledged for 
the purposes set forth in said pledge or mortgage to the cor- 
poration or purchaser at said sale or foreclosure. 

Real Estate Acquired. Common Form Mortgages. 

Section 37. Any such corporation may purchase at 
public or private sale real estate upon which it may have a 
mortgage, judgment, lien or other encumbrance, or in 
which it may have an interest, and may sell, convey or lease 
the real estate acquired by it, and on the sale thereof may 
take a mortgage thereon in common form or in co-operative 
bank form, or mortgages in both forms, to secure the pay- 
ment of the purchase price or a part thereof. All real estate 
shall be sold within five years after the acquisition of title 
thereto; but the commissioner may, on petition of the 
security committee of the corporation and for cause, grant 
additional time for the sale of the same. 



Acts, 1933. — Chap. 144. 189 

Assignment of Loans to Insurance Companies. 

Section 38. Any such corporation may insert in its form 
of real estate mortgage a clause providing that in case of 
any loss by fire on the mortgaged property in respect to 
which the fire insurance companies shall deny liability as 
to the insured, the corporation may at its option assign the 
debt and note for which the mortgage was given, and also 
the mortgage, to the insurance companies, upon payment 
to the corporation by such companies of the amount due 
upon the mortgage loan at the time of the fire, together 
with the unpaid interest, and fines, if any, accrued thereon 
at the date of the assignment, less the value of the forfeited 
shares as hereinafter provided, whereupon the note and 
mortgage shall forthwith become a note and mortgage for 
such total balance due, payable upon demand with interest 
semi-annually at the same rate as therein stated, the first 
payment of interest to be due six months after the date of 
the assignment, and any shares of the corporation pledged 
as security for the note and mortgage loan shall be for- 
feited by the corporation immediately before the execution 
and delivery to the insurance companies of such assign- 
ment, and the withdrawal value of shares so forfeited shall, 
at the time of the assignment, be credited as a part pay- 
ment on said mortgage loan, the balance thereof being the 
balance of the loan due at the time of the assignment to the 
insurance companies as aforesaid. Any mortgage note 
taken under this section shall contain proper reference 
thereto. 

Investment in Real Estate used as Place of Business. 

Section 39. Any such corporation may, with the ap- 
proval of the commissioner, invest a sum not exceeding its 
surplus and guaranty fund accounts in the purchase of a 
suitable site and the erection or preparation of a suitable 
building for the convenient transaction of its business, but 
in no case exceeding five per cent of its dues capital or one 
hundred thousand dollars. Any such corporation may, 
with the approval of the commissioner, expend a sum not 
exceeding one per cent of its dues capital for alterations in 
any building leased by it for the transaction of its business, 
but in no case exceeding its surplus and guaranty fund 
accounts. 

May Borrow Money. 

Section J^O. Such corporation may by a vote of at least 
three fifths of all its directors, with the consent of the com- 
missioner, borrow from any source to meet withdrawals and 
to make loans on shares of the corporation. 

Such corporation may by a similar vote, with the consent 
of the commissioner, borrow from the Federal Home Loan 
Bank referred to in section fifty-six, to make real estate 
loans, the proceeds of which are to be used for the purpose 
of repairing or remodeling, to refinance existing mortgages, 



190 Acts, 1933. — Chap. 144. 

for new home construction owned by or built for a bona fide 
home owner occupant, and to make real estate loans on 
homes already constructed and owned and occupied or to 
be occupied by the borrower. 

As security for a loan made under this section, the cor- 
poration may assign and pledge its real estate notes and 
mortgages and any other securities. Every such loan shall 
constitute a debt which shall be satisfied, in case of liquida- 
tion of the affairs of the corporation, before any distribution 
of its assets to its shareholders. 

GENERAL PROVISIONS. 

Fines. 

Section J^l. A shareholder making default in the pay- 
ment of his monthly dues and interest shall be charged such 
a fine, not exceeding two per cent a month on each dollar in 
arrears, as may be fixed by the by-laws, but in no case in 
excess of the fine imposed on monthly payments six months 
in arrears. No fine shall be imposed upon a fine in arrears. 

No shareholder whose shares are withdrawn, forfeited, 
suspended or retired shall be charged with fines upon such 
shares in excess of the profits distributed thereto, and if no 
profits shall have been distributed to such shares, no fines 
shall be charged thereon. This section shall not prevent 
the owner or owners from being charged with fines according 
to law upon interest in arrears. 

Transfer of Shares'. Fee. 

Section 1^2. Any such corporation may charge a fee for 
the transfer of shares, not exceeding twenty-five cents. 
Shares, whether matured, unmatured or paid-up, may be 
transferred only on the books of the corporation, in such 
manner as its by-laws may provide. 

Bank or Officers not to take Certain Fees, etc. Penalty. 

Section Jf.3. No such corporation, and no person acting in 
its behalf, shall ask for, take or receive a fee, brokerage, com- 
mission, gift or other consideration for or on account of a 
loan made by or on behalf of such corporation, other than 
appears on the face of the note or contract by which the 
loan purports to be made; but this section shall not apply 
to a reasonable charge for services in the examination of 
property and titles, and for the preparation and recording 
of conveyances to the corporation as security for its loans. 
Whoever violates any provision of this section shall be 
punished by a fine of not less than one hundred nor more 
than one thousand dollars. 

Distribution of Earnings. 

Section 44- The board of directors shall distribute to the 
shares existing at the time of distribution the net profits, 
less such an amount as is required by law to be transferred 



Acts, 1933. — Chap. 144. 191 

to the guaranty fund, and less such an amount as may be 
transferred to the surplus under existing provisions of law. 
Such distribution shall be made annually, semi-annually or 
quarterly before the close of business on each day when a 
new series of shares is issued. Net profits shall be distrib- 
uted to the various shares existing at the time of such dis- 
tribution in proportion to their value at that time, and shall 
be computed upon the basis of a single share fully paid to 
the date of the distribution. 

At each distribution of net profits on unmatured shares 
there shall also be distributed profits on outstanding ma- 
tured and paid-up shares at a rate per cent fixed by the 
directors, not to exceed five per cent per annum, except as 
provided in section forty-six, but in no case to exceed the 
rate credited to unmatured shares. Net profits distributed 
on outstanding matured and paid-up shares shall be cred- 
ited to the owner thereof and shall be payable on demand 
at any time thereafter, out of the funds of such corporation, 
and upon such profits not withdrawn no interest shall accrue 
or be distributed. 

No profits shall be distributed to shareholders in excess of 
five per cent per annum, unless at such distribution period 
there shall have been reserved and credited to the guaranty 
fund the maximum per cent of the net profits under section 
forty-five, or so much thereof as is necessary to increase said 
fund to ten per cent of the total liabilities of the corpora- 
tion. Subject to the provisions of the preceding sentence, 
there may be appropriated from the surplus account an 
amount sufficient to declare a dividend at a rate not in 
excess of that of the last preceding dividend, but the total 
of any such appropriations during any twelve months shall 
not exceed the amount credited to the surplus account 
during the same period. 

The board of directors shall cause to be recorded in the 
minutes of its meeting the distribution of all profits and all 
amounts charged or credited to the guaranty fund or 
surplus. 

Losses shall be charged to the guaranty fund or surplus 
immediately after their occurrence. 

Guaranty Fund. 

Section 1^5. At each distribution of profits the board of 
directors shall reserve as a guaranty fund not less than one 
nor more than five per cent of the net profits accrued since 
the last preceding adjustment, until such fund amounts to 
ten per cent of its total liabihties, and the fund shall there- 
after be maintained and held, and shall at all times be 
available to meet losses in the business of the corporation 
from depreciation of its securities or otherwise. The board 
of directors may at any time, by vote duly recorded, transfer 
to the guaranty fund such part of the surplus account as they 
deem wise. 



192 Acts, 1933. — Chap. 144. 

Surplus Account. 

Section 46. At each distribution of profits not more than 
one per cent of the net profits accrued since the last 
preceding adjustment shall be credited to the surplus 
account, unless there shall have been reserved and credited 
to the guaranty fund the maximum per cent of the net 
profits under the preceding section. Any such corporation 
may hold in its surplus account such sum as the board of 
directors may, from time to time, deem wise; but whenever 
the guaranty fund and surplus account together exceed ten 
and one fourth per cent of its total liabilities, the board of 
directors shall declare an extra dividend, provided such 
dividend does not reduce the guaranty fund and surplus 
account together to less than ten per cent of the total 
habilities. 

Reserve Required. 

Section 47. Every such corporation shall establish and 
at all times maintain, as a reserve to meet withdrawals of 
shares and applications for share loans, an amount equal to 
not less than three per cent of its total resources. Such 
reserve shall consist of any or all of the following: (a) cash 
on hand; (6) balances payable on demand due from any 
trust company incorporated in this commonwealth or 
national banking association having its principal place of 
business within this commonwealth; (c) bonds of the 
United States; (d) bonds and notes of this commonwealth 
or (e) deposits in The Co-operative Central Bank in accord- 
ance with chapter forty-five of the acts of nineteen hundred 
and thirty-two. If at any time the reserve of any such 
corporation falls below the amount herein required, such 
corporation shall not make any real estate loans, except 
additional loans and reloans upon property already mort- 
gaged to such corporation, until such reserve shall have been 
fully restored. 

General Accounts. 

Section 4-8. The general accounts of every such corpora- 
tion shall be kept by double entry, and the treasurer shall, 
at least monthly, make a trial balance of such accounts, to 
be recorded in a book provided for that purpose. All 
money received from each shareholder shall be received by 
persons designated by the directors, and entered in a pass 
book provided for the use of, and to be held by, the share- 
holder. The pass book shall be plainly marked with the 
name and address of the shareholder, the number of shares 
held by him and the number or designation and date of issue 
of each series or issue to which said shares, respectively, be- 
long. All payments from the funds of every such corpora- 
tion shall be made by the treasurer or such other officer or 
officers as the by-laws may provide, and the record of such 
payments shall show the date, name of payee, amount, pur- 



Acts, 1933. — Chap. 144. 193 

pose for which made, and the signature of the payee ac- 
knowledging receipt of the funds. 

Annual Reports. 

Section 49- Every such corporation shall annually, 
within thirty days after its regular meeting day for the 
receipt of moneys in October, make to the commissioner, in 
such form as he 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 commissioner shall notify the corporation 
to amend the same within fifteen days. A corporation 
neglecting to make the report required by this section on or 
before the time named therein, or to amend the same within 
fifteen days, if notified by the commissioner to do so, shall 
forfeit five dollars for each day during which such neglect 
continues. 

Consolidation of Banks. 

Section 50. At any time prior to June first, nineteen 
hundred and thirty-five, any two or more such corporations 
may consolidate into a single corporation, upon such terms 
as shall have been agreed upon by vote of two thirds of the 
board of directors of each corporation and as shall have been 
approved in writing by the commissioner, provided such 
action is approved at a special meeting of the shareholders 
of each corporation called for that purpose, by a vote of at 
least two thirds of those shareholders present, qualified to 
vote, and voting. Notice of such special meeting, setting 
forth the terms agreed upon, shall be sent by the clerk of 
each corporation to each shareholder thereof by mail, post- 
age prepaid, at least thirty days before the date of the meet- 
ing. Notice of the meeting shall also be advertised three 
times in one or more newspapers published in each town in 
which the main office of any of said corporations is situated, 
and if there be no such newspaper, then in a newspaper 
published in the county where the town is situated, the last 
publication to be at least one day before the meeting, A 
certificate under the hands of the presidents and clerks of 
all such corporations, setting forth that each of said cor- 
porations has complied with all the requirements of this 
section, shall be submitted to the commissioner, who, if he 
shall approve such consolidation, shall endorse his approval 
upon such certificate, and thereupon such consolidation 
shall become effective. Upon consolidation of any such 
corporation with another, as herein provided: 

(1) The corporate existence of all but one of the con- 
sohdating corporations shall be discontinued and consoli- 
dated into that of the remaining corporation, which shall 
continue. All and singular the rights, privileges and fran- 



194 Acts, 1933. — Chap. 144. 

chises of each discontinuing corporation and its right, title 
and interest to all property of whatever kind, whether real, 
personal or mixed, and things in action, and every right, 
privilege, interest or asset of conceivable value or benefit 
then existing which would inure to it under an unconsoli- 
dated existence, shall be deemed fully and finally, and with- 
out any right of reversion, transferred to or vested in the 
continuing corporation, without further act or deed, and 
such continuing corporation shall have and hold the same 
in its own right as fully as the same was possessed and held 
by the discontinuing corporation from which it was, by 
operation of the provisions hereof, transferred. 

(2) A discontinuing corporation's rights, obligations and 
relations to any person, member, creditor, trustee or bene- 
ficiary of any trust, as of the effective date of the consolida- 
tion, shall remain unimpaired, and the continuing corpora- 
tion shall, by the consolidation, succeed to all such relations, 
obligations and liabilities, as though it had itself assumed 
the relation or incurred the obligation or habifity; and its 
habilities and obhgations to creditors existing for any cause 
whatsoever shall not be impaired by the consolidation; nor 
shall any obligation or Hability of any member in any such 
corporation, continuing or discontinuing, which is party to 
the consoHdation, be affected by any such consolidation, 
but such obhgations and liabilities shall continue as fully 
and to the same extent as the same existed before the 
consolidation. 

(3) A pending action or other judicial proceeding to 
which any of the consolidating corporations is a party shall 
not be deemed to have abated or to have discontinued by 
reason of the consohdation, but may be prosecuted to final 
judgment, order or decree in the same manner as if the con- 
sohdation had not been made; or the continuing corpora- 
tion may be substituted as a party to any such action or 
proceeding to which the discontinuing corporation was a 
party, and any judgment, order or decree may be rendered 
for or against the continuing corporation that might have 
been rendered for or against such discontinuing corporation 
if consohdation had not occurred. 

(4) After such consolidation, a foreclosure of a mortgage 
begun by any of the discontinuing corporations may be 
completed by the continuing corporation, and publication 
begun by the discontinuing corporation may be continued 
in the name of the discontinuing corporation. Any certifi- 
cate of possession, affidavit of sale or foreclosure deed rela- 
tive to such foreclosure shall be executed by the proper 
officers in behalf of whichever of such corporations actually 
took possession or made the sale, but any such instrument 
executed in behalf of the continuing corporation shall re- 
cite that it is the successor of the discontinuing corporation 
which commenced the foreclosure. 

A new name, or the name of any of the consolidating cor- 
porations may be adopted as the name of the continuing 



Acts, 1933. — Chap. 144. 195 

corporation at the special meetings called as herein pro- 
vided, and it shall become the name of the continuing cor- 
poration upon the approval of the consolidation, without 
further action under the laws of the commonwealth as to 
change or adoption of a new name on the part of the continu- 
ing corporation. 

The commissioner shall determine the value of the shares 
in each discontinuing corporation, after agreement between 
the directors of the consolidating corporations. 

Reduction of Liability. 

Section 51. Whenever it has been determined, upon 
investigation by the commissioner, that the losses of any- 
co-operative bank resulting from a depreciation in the value 
of its assets or otherwise, exceed its guaranty fund and sur- 
plus accounts, so that the estimated value of its assets is 
less than the total amount due to shareholders, he may order 
a suspension of dividends or a reduction of its liability to its 
shareholders in such manner as to distribute the loss equi- 
tably among the shareholders. If, thereafter, such a bank 
shall realize from such assets a greater amount than was 
fixed in the order of reduction, such assets shall be divided 
among the then remaining shareholders whose credits were 
so reduced, but to the extent of such reduction only and any 
balance of said excess remaining shall be transferred to the 
surplus account. 

Set-off or Recoupment of Shares. 

Section 52. In the event that legal proceedings have 
been commenced to restrain such corporation from doing 
its actual business, or if the commissioner has taken posses- 
sion of the corporation as provided in section twenty-two 
of chapter one hundred and sixty-seven, or if such corpora- 
tion has commenced to dissolve voluntarily as provided by 
law, a person or persons, in any capacity authorized to hold 
shares, indebted to such a corporation for a real estate or 
other debt, may have set off, at their withdrawal value, less 
any amount paid by the bank to discharge any default in 
the terms and conditions of said mortgage, the shares 
pledged to secure the same, and during the pendency 
thereof, the rights of the persons entitled to such set-offs 
shall be determined as of the time of the commencement of 
such proceeding, and shall exist whether the indebtedness is 
then due or payable, or becomes due and payable at a later 
date. 

Shares shall not be so set off or recouped by any such 
person unless held and owned by him on the date of the com- 
mencement of such proceedings, or of possession so taken. 

Powers and Duties of Commissioner of Banks. 

Section 53. The commissioner shall have the same duties 
and powers in respect to every such corporation which he 
has in respect to savings banks. In the examination of 



196 Acts, 1933. — Chap. 144. 

every co-operative bank inquiry shall be made as to the 
nature and resources of the corporation in general, the meth- 
ods of conducting and managing its affairs, the actions of 
its officers, the investment of its funds, and whether the 
administration of its affairs is in compliance with its by- 
laws and with statutory requirements. At each visitation, 
a thorough examination and audit shall be made of the 
books, securities, cash, assets, habilities, income and ex- 
penditures, including a trial balance of the shareholders' 
ledgers, for the period elapsed since the preceding exami- 
nation. The person in charge of the examination shall 
render to the commissioner a report of his findings, 
in such form as the commissioner prescribes, and a copy 
thereof shall be rendered to the board of directors within 
ten days after the original has been submitted to the com- 
missioner, together with a notice of the amount of the fee to 
be paid as provided in the following section, which shall be 
due and payable within thirty days after the date of the 
notice, tjpon the failure of any such corporation to pay the 
required fee within the time prescribed herein, the commis- 
sioner shall report the facts to the attorney general, who 
shall immediately bring an action to recover the fee. The 
commissioner shall annually make a report to the general 
court of such facts and statements relative to such corpora- 
tions, and in such form, as he considers that the public inter- 
est requires. The officers of every such corporation shall 
answer truly all inquiries made, and shall make all returns 
required, by the commissioner. 

Fees for Examination and Audit. 

Section 64. To defray the expenses of the examination 
and audit provided for by the preceding section, every such 
corporation so examined and audited shall, upon notice from 
the commissioner, pay to him as a fee therefor the actual 
cost of such examination and audit, not including any por- 
tion of the overhead expense of the division of banks and 
loan agencies. Immediately after the close of the fiscal year 
of the commonwealth, that part of the overhead expense of 
the division which shall be determined by the commissioner 
to be attributable 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 an- 
nual reports at the close of business on their respective regu- 
lar meeting days for the receipt of money in October; pro- 
vided, that an assessment upon any such corporation, to- 
gether 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, travehng and hotel expense 
shall be included in the overhead expense of the aforesaid 
division. 



Acts, 1933. — Chap. 145. 197 

May become Members of Certain Leagues. 

Section 55. Any such corporation may, by vote of a ma- 
jority of its directors, become a member of a league or 
leagues organized for the purpose of protecting and promot- 
ing the interests of co-operative banks, and may pay to such 
league or leagues its proportionate share of the expenses 
thereof, together with such contribution to the purposes of 
the league or leagues as may, in the opinion of the directors 
of such corporation, be reasonable and necessary. 

May become Member of Federal Home Loan Bank. 

Section 56. Any corporation subject to this chapter may 
become a member of the Federal Home Loan Bank estab- 
lished for the district of New England under the provisions 
of an act of congress, approved July twenty-second, nineteen 
hundred and thirty-two, and known as the federal home loan 
bank act, or of any successor of said bank so established; 
and may, subject otherwise to the provisions of this chapter, 
subscribe to and invest in such amounts of the stock of said 
home loan bank as may be required by said act of congress 
to qualify such corporation for membership in said home 
loan bank. 

Co-operative Banking to be Done only under this 
Chapter. Exception. Penalty. 

Section 57. No person and no association or corporation, 
except as provided in section fifty-eight, shall transact in 
this commonwealth the business of accumulating the sav- 
ings of its members and loaning to them such accumulations 
in the manner of a co-operative bank, unless incorporated in 
this commonwealth for such purpose. Whoever violates 
any provision of this section shall be punished by a fine of 
not more than one thousand dollars, and the supreme judi- 
cial or the superior court shall have jurisdiction in equity to 
enforce this section. 

Foreign Corporations. 

Section 58. This chapter shall not prevent a corporation 
organized under the laws of any other state for the purpose 
of accumulating the savings of its members and loaning to 
them such accumulations in the manner of a co-operative 
bank, substantially as provided in this chapter, from loan- 
ing money upon mortgages of real estate located within this 
commonwealth. Approved April 27, 1933. 



CMp.145 



An Act revising certain provisions of law relative to 
cancellation of motor vehicle liability policies and 

BONDS. 

Be it enacted, etc., as follows: 

Section 1 . Section one hundred and thirteen A of chap- q. l. (Ter. 
ter one hundred and seventy-five of the General Laws, as f iiiFg't 
most recently amended by section one of chapter one hun- amended. 



198 



Acts, 1933. — Chap. 145. 



Compulsory 
motor vehicle 
liability 
policies, 
contents. 

Cancellation. 



G. L. (Ter. 
Ed.), 175, 
§ 113A, etc., 
amended. 

Compulsory 
motor vehicle 
liability policy, 
termination of. 



dred and nineteen of the acts of the current year, is hereby 
further amended by striking out the provision therein num- 
bered (2) and inserting in place thereof the following: — 
(2) That, except as otherwise provided in provision (2) A 
and in section one hundred and thirteen D, no cancellation 
of the policy, whether by the company or by the insured, 
shall be valid unless written notice thereof is given by the 
party proposing cancellation to the other party and to the 
registrar of motor vehicles in such form as the department 
of public works may prescribe, at least fifteen days in each 
case prior to the intended effective date thereof, which date 
shall be expressed in said notice, and that notice of cancella- 
tion sent by the company to the insured, by registered mail, 
postage prepaid, with a return receipt of the addressee re- 
quested, addressed to him at his residence or business ad- 
dress stated in the policy shall be a sufficient notice and that 
an affidavit of any officer, agent or employee of the com- 
pany, duly authorized for the purpose, that he has so sent 
such notice addressed as aforesaid shall be prima facie evi- 
dence of the sending thereof as aforesaid; together with a 
provision that, in the event of a cancellation by the in- 
sured, he shall, if he has paid the premium on the policy to 
the company, or to its agent who issued the policy, or to the 
duly licensed insurance broker, if any, by whom the policy 
was negotiated, be entitled to receive a return premium 
after deducting the customary monthly short rates for the 
time the policy shall have been in force, or in the event of 
cancellation by the company, the insured shall, if he has 
paid the premium as aforesaid, be entitled to receive a re- 
turn premium calculated on a pro rata basis; provided, that 
if the insured after the sending of a notice of cancellation by 
the company, which is also duly filed with the registrar of 
motor vehicles, or after giving such a notice to the company 
and the said registrar, files a new certificate under section 
thirty-four H of chapter ninety prior to the intended effec- 
tive date of such cancellation, the fifing of said certificate 
shall operate to terminate the policy on the date of said 
filing, and the return premium, if any, payable to the in- 
sured shall be computed as of the date of said filing, instead 
of the intended effective date of cancellation expressed in 
the notice thereof; and provided further, that if the final 
effective date of a cancellation by the company is fixed by 
an order of the board of appeal on motor vehicle liability 
policies and bonds or of the superior court, or a justice 
thereof, as provided in section one hundred and thirteen D, 
the return premium, if any, payable to the insured shall be 
computed as of such final effective date. 

Section 2. Said section one hundred and thirteen A, as 
so amended, is hereby further amended by inserting after 
provision numbered (2), the following new provision: — 
(2) A. That the poficy shall terminate upon a sale or trans- 
fer by the owner thereof of the motor vehicle or trailer cov- 
ered thereby, or upon his surrender to the registrar of motor 



Acts, 1933. — Chap. 146. 



199 



vehicles of the registration plates issued to him by said 
registrar under chapter ninety with a written statement, in 
such form as the said registrar may require, that they are 
surrendered to cancel the registration of such motor vehicle 
or trailer and the policy, and that upon a termination of the 
policy as aforesaid, the insured shall, if he has paid the 
premium on the poHcy as provided in provision (2), be en- 
titled to receive a return premium computed as in the case 
of a cancellation of the policy by the insured under said 
provision (2). 

Section 3. The provisions of this act shall not apply to Act not to 
motor vehicle habihty policies and bonds, both as defined in ^^-'^ *° certain 
section thirty-four A of chapter ninety of the General Laws, 
issued or executed in connection with the registration of 
motor vehicles or trailers for operation during the current 
year or any part thereof. Approved April 27, 193S. 



policies, etc., 
during current 
year. 



An Act relative to certain orders of the board of phnj) i4g 

APPEAL ON MOTOR VEHICLE LIABILITY POLICIES AND ^' 
BONDS AND DECREES OF THE SUPERIOR COURT ON APPEAL 
THEREFROM. 



Be it enacted, etc., as follows: 

Section 1. Section one hundred and thirteen D of 
chapter one hundred and seventy-five of the General Laws, 
as most recently amended by sections two and three of chap- 
ter one hundred and nineteen of the acts of the current year, 
is hereby further amended by striking out the fourth para- 
graph and inserting in place thereof the following : — A 
complaint may allege that a cancellation is invalid, or im- 
proper and unreasonable, or both, or that a refusal to issue 
or execute such a policy or bond is improper and unreason- 
able. The board shall after due hearing forthwith make a 
finding in respect to the issue or issues raised by the com- 
plaint, and it may also, in any case, biake a finding as to 
whether or not the complainant is a proper and suitable per- 
son to whom to issue such a policy or on behalf of whom to 
execute such a bond as surety. The board shall in all cases 
enter, in such form as it may prescribe, an appropriate order. 
If the board finds in favor of the company in the case of 
such a cancellation, the order shall, unless the policy or 
bond has expired, affirm the cancellation and specify the 
date, which shall be ten days from the date of the filing of a 
memorandum of the finding and order in the office of the 
commissioner as hereinafter provided, on which the can- 
cellation shall be effective; but, if the policy or bond will 
expire on or before the termination of a period of ten days 
from said date of fifing, the order shall specify a date prior 
to such expiration, or the board may dispense with such a 
specification. 

Section 2. Said section one hundred and thirteen D, 
as so amended, is hereby further amended by striking out 



G. L. (Ter. 
Ed.), 175, 
I 113D, etc., 
amended. 



Compulsory 
motor vehicle 
liability 
policies. 
Hearings be- 
fore board of 
appeal. 



G. L. (Ter. 
Ed.), 175, 
§ 113D, etc., 
amended. 



200 



Acts, 1933. — Chap. 146. 



Appeals to 
court on pro- 
ceedings on 
complaints 
relative to 
cancellations 
or refusal of 
companies to 
issue policies. 



Act not to 
apply during 
ctirrent year to 
certain motor 
vehicles. 



the sixth paragraph and inserting in place thereof the fol- 
lowing : — Any person or company aggrieved by any find- 
ing or order of the board, other than a finding that the com- 
plainant is or is not a suitable and proper person to whom 
to issue such a policy or on behalf of whom to execute such 
a bond as surety, may, within ten days after the filing of 
the memorandum thereof in the office of the commissioner, 
unless the policy or bond has expired or will expire prior 
to the expiration of said period, and any person or company 
aggrieved by any finding of the board that a complainant 
is or is not a suitable and proper person as aforesaid may, 
in any case, within said period, appeal therefrom to the 
superior court or any justice thereof, in any county. The 
appellant shall file with his appeal a duly certified copy of 
the complaint and of the finding and order thereon, and, 
if the appeal is taken from a finding and order of the board 
in respect to a cancellation, the clerk of the court shall 
forthwith upon the fihng of such an appeal, give written 
notice of the filing thereof to said registrar. The court or 
justice shall, after such notice to the parties as it or he 
deems reasonable, give a summary hearing on such appeal 
and shall have jurisdiction in equity to review all questions 
of fact and law, and to affirm or reverse such finding or 
order and may make any appropriate decree. The court 
or justice may allow such complaint, finding or order to be 
amended. The decision of the court or justice shall be 
final. If the court or justice finds in favor of the company 
in the case of such a cancellation, the decree shall, unless 
the policy or bond has expired, affirm the cancellation and 
specify a date not earlier than five days from the entry 
thereof, on which the cancellation shall become effective; 
but, if the policy or bond will expire on or before the termi- 
nation of a period of five days from such entry, the decree 
shall specify a date prior to such expiration, or the court 
or justice may dispense with such a specification. The 
clerk shall, within two days after the entry thereof, send 
an attested copy of the decree to each of the parties and 
the commissioner and, in the case of a decree rendered upon 
an appeal in respect to the cancellation of such a poHcy or 
bond, to said registrar, or his office. The court or justice 
may make such order as to costs as it or he deems equitable. 
The superior court may make reasonable rules to secure 
prompt hearings on such appeals and a speedy disposition 
thereof. 

Section 3. The provisions of this act shall not apply 
with respect to motor vehicle liability policies or bonds, 
both as defined in section thirty-four A of chapter ninety 
of the General Laws, as appearing in the Tercentenary 
Edition thereof, issued or executed in connection with the 
registration of motor vehicles or trailers under said chapter 
for operation during any part of the current year. 

Approved April 27, 1933. 



Acts, 1933. — Chaps. 147, 148. 



201 



G. L. (Ter. 
Ed.), 80, § 10, 
amended. 



Appeals to 
county oom- 
miesioners 
from refusal 
to abate 



An Act providing for notice of appeals to the county Qjidj) 147 

COMMISSIONERS FROM REFUSALS TO ABATE BETTERMENT 

ASSESSMENTS. 

Be it enacted, etc., as follows: 

Chapter eighty of the General Laws is hereby amended 
by striking out section ten, as appearing in the Tercen- 
tenary Edition thereof, and inserting in place thereof the 
following: — Section 10. A person who is aggrieved by the 
refusal of a board of officers of a city, town or district to 
abate an assessment may, instead of pursuing the remedy 
provided by section seven, appeal within the time limited bettMrnent 
therein to the county commissioners of the county in which ^^^^^^ments. 
the land assessed is situated. The person so appealing 
shall, within ten days after the fifing of said appeal, give 
written notice thereof to such city, town or district. Such 
notice may be given by mailing a copy of the appeal by 
registered mail, postage prepaid, to the board which made 
the assessment or to the clerk of such city, town or district. 
The county commissioners shall hear the parties, and shall 
have the same powers and duties with respect to the abate- 
ment of such assessment as the board by which it was 
assessed, and may make an order as to costs. The decision 
of the county commissioners shall be final. 

Approved April 27, 1933. 



An Act dissolving certain corporations. C/iai?. 148 

Whereas, It is necessary that certain delinquent and other Emergency 
corporations be dissolved in the current year, therefore this preamble, 
act is hereby declared to be an emergency law, necessary 
for the immediate preservation of the public convenience. 

Be it enacted, etc., as follows: 

Section 1. Such of the following named corporations certain cor- 
as are not already legally dissolved are hereby dissolved, g X''ed°'^^ *^'*" 
subject to the provisions of sections fifty-one, fifty-two and 
fifty-six of chapter one hundred and fifty-five of the General 
Laws : — 

A. A. Philhps Company, A. Altshuler Mdsg. Co., Inc., 
A & G Grocery Company, Inc., ,The, A & V Auto Repair 
Shop, Inc., A. Bartington, Inc., A Bon Marche of New Bed- 
ford, Inc., A. Burlingame Company, A. C. Fisher Co., A. 
C. Purrington & Co. Inc., A. Deschenes Company, A. 
Eastwood Co., A. F. Powers Company, A. J. Raymond Co., 
A. L. Braley, Incorporated, A. L. Fink Inc., A. L, Liquidat- 
ing Company, A. L. Wells, Inc., A. L. White & Company, 
Inc., A. P. Soucy Inc., A. S. Manzi, Inc., A. T. Corporation, 
A, W. Peterson and Company, Incorporated, Academy 
Garage and Service Station, Inc., Ace Advertising Service, 
Inc., Ace Shoe Co., The, Acme Bottling Company, Inc., 
Acme Drug & Chemical Co., Acme Manufacturing Co., 



202 Acts, 1933. — Chap. 148. 

Certain Inc, AcHie Storage Warehouse Co., Activity Frocks, Inc., 

d?aToived°°* Acushnet Mills Corporation, Adams, Blake & Bonney, Inc., 
Adams House, Limited, The, Adell Mfg. Co., Inc., The, 
Adhesive Products Company, Adrian VanLeeuwen, Inc., 
Advance Fibre Process Company, Advisory Committee on 
Advertising, Inc., Aetna Realty Company, Affihated Stores, 
Inc., The, Agawam Amusement Corporation, Ajax Golf 
Game Company, Inc., Aker Lumber Company, The, Al. A. 
Rosenbush Company, Alabam, Inc., The, Albert E. Knud- 
sen, Inc., Albert Neckwear Company, Albert Your Hair- 
dresser, Inc., Albion Florist, Inc., Alcra Corporation, Aldis 
Owen Hall Foundation - - University & College of Liberal 
Arts, Incorporated, Alfred Self & Co. Inc., Alfred T. Pitman 
Co., Inc., Algonquin Leather Company, Alhambra Theatre 
Co., All In One Soap Company, Inc., Allen & Allen, Inc., 
Allen & Woodworth Company, Alhed Business Builders, 
Inc., Alhed Construction Co., Inc., Allied Specialty Leather 
Co., AUston Plumbing Co., Inc., Allston Public Market, 
Inc., Alton Realty Co., Inc., Alvita Food Products Inc., 
American Agricultural Chemical Company of Massachu- 
setts, The, American Banner & Novelty Co., American Bat- 
tery and Equipment Co., American Brick Company, Ameri- 
can Coal Company, American Electrical Company, Ameri- 
can Fireside League, Incorporated, American Fish Machin- 
ery Company, American International Engineering Asso- 
ciates Incorporated, American Motor Equipment Company, 
American Motors, Incorporated, American Pastry Products 
Corporation, American Realty Corporation, American Rug 
Mills, Inc., American Sailplane Company, American Sap- 
phire Blue Swine Registry Inc., American Steel Boat Cor- 
poration, Amesbury Building Corporation, The, Anderson 
& Caskin Co. Inc., Anderson and Nelson Company, Ander- 
son Cadillac LaSalle Company, Andover Homes Inc., 
Andren-Myerson Co., Anmuth & Gilbert, Inc., Ansel Fine- 
berg Company, Apex Co-operative Tailors & Cleansers 
Association, Apple Tree Diners, Inc., Appleton Pharmacy, 
Inc., Aqua Rubber Company, Archdeacon & Sullivan, Inc., 
Arlington Amusement Company, Arlington Market, Inc., 
Arlington Motor Corporation, Arlington National Corpora- 
tion, Arlington Street Garage Inc., Arhngton Yellow Cab 
Company, Arnold's Inc., Arthur F. Hickey Shoe Co. Inc., 
Arthur's Incorporated, Artistic Metal Letter Co., Asbestos 
Textile Company, The, Aspinwall Apartments, Inc., Aspirin 
Seltzer Corporation, Associated Orchestra Service, Inc., 
Associated Sales Company, Associated Theatres, Inc., As- 
sured's Insurance Adjustment Bureau, Inc., Astor Lunch 
Company, Athens News Store Inc., Atherton Corporation, 
Atlantic Cement Products Corporation, Atlantic Finance 
Corporation, Atlantic Herring Co., Atlantic Malt Co., Inc., 
Atlantic Markets, Incorporated, Atlantic Pressed Steel 
Company, Inc., Atlas Suit Case Company, Inc., Attleboro 
Amusement Co., Attleboro Paint & Hardware Co. Inc., 
Auburndale Conservatories, Inc., Austin St. Garage Inc., 



Acts, 1933. — Chap. 148. 203 

Austin-Sutherland Lumber Co., Inc., The, Auto-Hydro- ^^^^'^^j^^j^jj^ 
Craft, Inc., Auto List Pubhshing Co., Auto-Manual Shut- Swed?"^ 
Off Incorporated, Auto Owners Service Association, Inc., 
Auto Tire Exchange Inc., Automatic Floor Waxing Ma- 
chine Corporation, Automatic Stoker Corporation, Auto- 
mobile Service Company, Automotive Consulting Service 
Corp., Avon Amusement Company Inc. 

B. A. Cook & Company Incorporated, B. A. Dargo Co., 
B & B Sandwich Shoppe, Inc., B. & S. Shoe, Inc., B.-G. and 
S. Company, B. H. Lippin Co. Incorporated, B. S. Canner 
Co., Babcock Realty Corporation, Bacheller-Bean Com- 
pany, Baer Yorra Shoe Company, Bain-Roberts Company, 
Baker Market Co., Inc., Bancroft Woolen Yarn Company, 
Bank and Office Equipment Engineers, Inc., Barbecue Inn, 
Inc., Bargain Bazaar, Inc., The, Barger Furniture Co., 
Barney's Lunch Inc., Barnstable County Motors, Inc., Bar- 
rett Builders' Supply Company, Inc., Barry's Garage Inc., 
Barton Shoe Co., Inc., Baskin & Kessler, Incorporated, 
Batchelder Manufacturing Company, Bates Brothers Com- 
pany, Battery Containers, Incorporated, Bay Grove Motor 
Company, Bay State Amusement Co., Inc., Bay State De- 
velopment Corporation, Bay State Engraving Company, 
Inc., Bay State Florist Supply Co., Bay State Flying Serv- 
ice, Inc., Bay State Insulating & Refrigerating Co., Inc., 
Bay State Insurance Agency Corporation, Bay State 
Premium Company, Bay State Wiping Materials, Inc., Bay 
State Woolen Waste Company, Beacon Body Company, 
Beacon Cafeteria, Inc., Beacon Fast Freight Corporation, 
Beacon Hill Taxi Corporation, Beautiful Novelty Shop, Inc., 
The, Beaver Construction Company, Beck Hall, Inc., 
Becker Fur Importers, Inc., Begeka Company, Belle Vue 
Mills, Belmarsh Drug Co., The, Belmont Builders Supply 
Co. Inc., Belmont Motor Mart, Inc., Belvidere Manage- 
ment Corporation, Bemis Heater, Incorporated, Ben C. 
Goulston Shoe Company, Ben Rosenblum, Inc., Bent and 
Bush Company, The, Berger Textile Products Co., Berkeley 
Associates, Inc., Berkeley Clothes, Inc., Berkshire Electric 
Company, Berkshire Farmers Exchange, Inc., Berkshire 
Mercantile Agency, Inc., Berkshire Mercantile of Green- 
field, Inc., Berkshire Mercantile of Holyoke, Inc., Berkshire 
Mercantile of Pittsfield, Inc., Berkshire Mercantile of 
Worcester, Inc., Berkshire Vinegar Company, Berle Prod- 
ucts Company, The, Berman-Haskell Shoe and Leather 
Company, Bernard's Inc., Bernner & Co. Inc., Berry's Golf 
Club Inc., Betty Louise Book Shops Corporation, Big Store, 
Inc., The, Big Three Sportwear Company, Billy's Dew Drop 
Inn, Inc., Bilt-Rite Oil Burner Inc., Blackstone Produce, 
Inc., Blackstone-Sussman Company, Blake Process Ma- 
chine Company, Inc., Blanchard Linotype School Inc., 
Bland's Auto Exchange Inc., Bleyle's, Inc., Bloomberg 
Bros. Co., Bloomfield & Betten Company, Inc., Blotner 
Realty Company, Blount Engineering Company, Blue 
Cross Sanitary Process Company, Blue Plate, Inc., The, 



204 Acts, 1933. — Chap. 148. 

Certain ^^ Blue Ribbon Lunch, Inc., Bluebeard's Castle Inc., Bluebell, 
di'sToived"'^* Inc., The, Board Realty Co., Bobby's Dress Shops Inc., 
Bogen & Tenenbaum, Inc., Bon Ton Furniture Co., Inc., 
Boothby Company, Bostock Shoe Co. Inc., Boston and New 
York Transportation Co., Inc., Boston Auto Fabrics Com- 
pany, Boston Auto Top Co., Boston Beef & Provision Com- 
pany, Boston Branch Grocery, Inc., Boston Cafeteria Inc., 
Boston Chair Co. Inc., Boston Chocolate Co., Boston 
Cornice & Metal Works, Inc., Boston Flour Company, Inc., 
Boston Gear Works Sales Co., Boston Linotypers' Supply 
Company, Incorporated, Boston Match Company, Boston 
Metallic Bed Company, Inc., Boston Mortgage Bond Com- 
pany, Boston Office Furniture Exchange, Incorporated, 
Boston Realty Corporation, Boston Retail Drygoods Co., 
Inc., Boston Sellers Kitchens, Inc., Boston Stores News, 
Inc., Boston Transit Mixers Inc., Boston Tye Form Com- 
pany Inc., Boston Utilities Company, Inc., Boston Vapor 
Heating Co., Bosworth & Beal Inc., Bosworth Mills, Inc., 
The, Boulevard Hotel Caterers Inc., Bourne Market Co. 
Inc., Bourne Natural Gas Co., Brackett Heel Company, 
Brad Swift, Incorporated, Bradford Hat Company, The, 
Bradken Corporation, Bradley, MacRae Co. Inc., Bradley 
Stuc-0-Tint Company, Inc., Breen Publicity Service, Inc., 
Briar Dale Farm, Inc., Bridge-Golf Company, Brighton 
Investment Co. Inc., Briscoe Corporation, Bristol Amuse- 
ment Co., Bristol County Sales Company, Bristol Furniture 
Company, Inc., Bristol Manufacturing Corporation, Bristol 
Real Estate Corp., Bristol Spa, Inc., Broadmore Restau- 
rant, Inc., The, Broadway Indoor Golf Course Inc., Broad- 
way Plumbing & Heating Co., Inc., Broadway Vulcanizing 
and Tire Co., Inc., Brookford Grocery, Inc., Brookline 
Avenue Indoor Golf Course, Inc., Brookhne Development 
Company, Brookline Electric Co., Brookline Importing 
Company, Brooklyn Ash Removal Company of Massachu- 
setts, Brophy Counter Company, Brouillet Products, Inc., 
Browning-Drake Radio Corporation, Brunswick-Balke- 
CoUender Company of Massachusetts, The, Bryant G. 
Smith & Sons Company, Bryce & Company, Inc., Buckman 
Tanning Company, Buerkel-Gaston, Inc., Bur-Beck Sales 
Co., Burgess Construction Company, Burns Fecht Bicknell 
Co., Burr & Gillen Motor Co. Inc., Burton & Rogers Manu- 
facturing Company, Burton H. Wiggin Company, Butler 
Hill Company, Inc., Buyers' Service Weekly Inc., Buzzell's 
Inc. of Lynn, Buzzell's of New England Inc., Byrnes 
Motor Co. 

C. A. Boyce & Co. Inc., C. A. Philhps Co., Inc., C. & E. 
Motor Transportation Co. Inc., C & F Corporation, C. & 
V. Electrical Co., C. & W. Hudson Essex Sales Inc., C. B. 
Gummo Incorporated, C. B. Reed & Company, Inc., C. B. 
Roberts Engineering Company, C. G. Gilman Wagon Co., 
C. H. Graves & Sons Inc., C. M. Neily Co., C. Malaguti 
Bakery, Inc., C. Wesley Fraser, Inc., Caldwell & At- 
wood Rubber Products, Inc., California Shows, Inc., 



Acts, 1933. — Chap. 148. 205 

Callahan-Faunce Corporation, Cambridge Masons Supply ^^f/*^!^^;^,^^ 
Company, Camp Tekoa, Inc.', Canton Theatre Company, d?sTo*ivtd°°^ 
Cap Realty Co. Inc., Cape Cod Cleaners Inc., Cape Cod 
Country Club, Inc., Cape Cod Investment Company, Cape 
Cod Oyster Farms Co., Cape Cod Police Protective Asso- 
ciation, Inc., Cape Cod Properties Inc., Cape Cod Publish- 
ing Company, The, Cape Cod Sand & Cement Co., Cape 
Inc., Capital Acceptance and Mortgage Corporation, Capi- 
tal Garage Company Inc., Capitol Amusement Co. of Law- 
rence, Inc., Capitol Pharmaceuticals, Inc., Cardarelli & 
Holmes, Inc., Carl G. Peschel & Son, Inc., Carlisle-Ayer 
Company, Carlmace Company, Carolina Engineering Con- 
struction Company, Carolina Plantation, Inc., Cartwright 
& Hurley, Inc., Cecil M. Pelton, Inc., Cellilli & Rock, Inc., 
Center Baking Company Inc., Center Market, Inc., Central 
Autogenous Welding and Manufacturing Company, Central 
Cafe, Inc., Central Hotels Corporation, The, Central Light 
& Power Company, Central Tombar Golf Course, Inc., 
Central Warehouse & Distributing Corporation of New 
England, Centre Building Corporation, Centurion, Inc., 
Century Motors of New Bedford, Inc., Chamber of Com- 
merce Dining Rooms, Inc., Champion Garment Co., 
Chandler and Farquhar Company, Chandler Manufactur- 
ing Company, Change-Over Heel Company, Chapel Mills 
Manufacturing Company, Charles A. Baldwin Company, 
Chas. E. Howe Co., Chas. E. Howe Insurance Inc., Charles 
Hall, Incorporated, Charles J. Murphy Company, Charles 
M. Bestick Incorporated, Charles Q. Sherman, Inc., Charles 
S. Wigglesworth Incorporated, Charles V. Daiger Company, 
Inc., Charles Wing Company, The, Charlton Printing Com- 
pany, Chase & Bowen, Inc., Chase Auto Supply, Inc., 
Chase Disc Camera Corporation, Chase Sales & Service Inc., 
Chatfield Manufacturing Corporation, The, Chatham 
Phenix Corporation of Massachusetts, Chauncy-Bedford 
Buildings, Incorporated, Chaves Shoe Company, Cheer- 
ful Chat, Inc., Chelsea Distributing Corporation, Chemical 
& Dye Corporation of New England, Cheshire Cider 
& Vinegar Company, Chester I. Campbell Organization 
Inc., The, Chestnut Hill Avenue Apartments, Inc., The, 
Chicopee Falls Stock Company, Chicopee Realty Trust, 
Inc., Chicopee Transportation Company, Inc., Chilten 
Restaurant, Inc., Chiswick Pharmacy, Inc., Christy's, Inc., 
Cigamat Company of New England, Cities Engineering 
Company, Citrus Juice Company, City Cleansers & Dyers, 
Inc., City Service Hotels Corporation, City Title Com- 
pany, Claire Mae Shoppe Inc., Clean- Art Laundry Com- 
pany, Clean Town Inc., Clearfield Fuel and Ice Company, 
Inc., Clemence Company, Clement Realty Corp., Clemson 
Knife Company, Clothes Shop, Inc., The, Coal Carburetor 
Sales Co. of Worcester, Coal Carburetor Sales of Lowell, 
Inc., Coca Cola Bottling Corporation, Cochrane Company, 
The, Codman Square Auto Renting Co. Inc., Cogan Furni- 
ture, Inc., Collier Gas Heating Corporation, Colonial Cab 



206 Acts, 1933. — Chap. 148. 

Certain Company, Colonial Curtain Company, Colonial Holding 

d?8To°ved°°^ Corp., Colonial Inc., Colonial Marble & Tile Co., Colonial 
Marble Company, Inc., Colonial Meat Market, Inc., 
Colonial Sandwich Shoppe Inc., Colonial Shoe Co., Inc., 
Colony Food Stores Associates of New England, Incor- 
porated, Colpak Dress Corporation, Colrain Manufactur- 
ing Company, Columbia Chevrolet, Inc., Columbia Fuel 
Oil Corporation, Columbia Shoe Co., Inc., Columbia Wood 
Heel Co., Columbus Garage, Inc., Columbus Press, Inc., 
Columbus Realty Corporation, Combo Manufacturing 
Company, Commercial Finance Corporation, Commercial 
Laundry Company, Commercial Wool Stock Co., Commer- 
cial Writing Service, Inc., Commonwealth Apartments Co., 
Commonwealth Avenue Pharmacy Inc., Commonwealth 
Company, The, Commonwealth Contracting Co. Inc., 
Commonwealth Drug & Chemical Co., Commonwealth 
Golf Courses, Inc., Commonwealth Mortgage & Loan Co., 
Inc., Commonwealth Motor Sales Co., Inc., Common- 
wealth Thread Company, Inc., Community Garage, Inc., 
Community Newspapers, Incorporated, Community Serv- 
ice Corporation, Conee Ornamental Iron Works, Inc., Con- 
necting Rod & Armature Exchange, Inc., Connor Auto- 
motive Service, Inc., Consolidated Airways, Inc., The, Con- 
sohdated Ice & Fuel Dealers Association Inc., Consolidated 
Manufacturing Company, Consolidated Mortgage and 
Investment Corporation, Consolidated Radio Inc., Con- 
struction & Realty Corporation, Consumers' Supply 
Company, Continental Worsted Mills, Inc., Conz-Brault 
Company, Cooley Brothers Company, The, Coolidge Cor- 
ner Realty Co. Inc., Coolidge Piano Company, Coolidge 
Realty Co. Inc., Cooper & Brush Cotton Co., Co-operative 
Trading Co., Inc., Copley Players Inc., Copley Producing 
Company, Inc., The, Cordis Mills, Corey Hill Golf Club, 
Inc., Cornhill Cigar Manufacturing Company, Inc., Corn- 
hill Corporation, Cortex Company, Cosmic Corporation, 
Cosmic Foods Inc., Cotter & Moran Inc., Cotton & Gould, 
Inc., Country Craft Dress Company, Countryside Spas Inc., 
County Construction Co., Inc., Court Clothing Company, 
Coward Auto Supply Company, Cradock Finance, Incor- 
porated, Crane's Inc., Craneway Diaphram Co., Inc., 
Creative Reading, Inc., Credit Protective Bureau Inc., 
Creditors Protective League of New England, Inc., Creed- 
Kellogg Company, The, Crescent Tanning Company, Crim- 
son Dehcatessen, Inc., Crispy Baking Company, Inc., The, 
Crocker Garage Company, Cross and Roberts, Inc., Cross 
Motor Co., Crystal Merchandising Corporation, Inc., 
Crystal Spring Bleaching and Dyeing Company, Cumber- 
land Oil Company, Cundari Construction Company, Cur- 
tain-Craft Co., Inc., The, Curtain Shop, Inc., The, Curtis & 
Swift Inc., Cut Price Auto Supply Company of New 
Bedford. 

D. & D. Clothing Co. Inc., D. B. Wesson, Inc., D. Eddy 
and Sons Company, D. F. Sullivan, Inc., D. H. Craig Com- 



Acts, 1933. — Chap. 148. 207 

pany Incorporated, D. J. Khoury & Company, Inc., D. L. Certain 
Page, Inc., The, D. M. Dillon Steam Boiler Works, D. R. STved!""' 
Emerson Company, Dacey and Tibbetts, Inc., Dairymaid 
Creameries, Inc., Dal ton-Jackson Black Fox Company, 
Daly's Golden Rule Shoe Co., Daly's Golden Rule Shoe, 
Inc., Dame and Sons, Inc., Dane Machine Company, Incor- 
porated, Daniel Finberg & Son, Inc., Darling Holding Cor- 
poration, David, Berman Company, Incorporated, David 
S. Sher, Incorporated, David Siegel, Solomon I. Fein, 
Hyman Schwartz, Associated Dentists, Inc., David Wein- 
stein. Inc., David's Inc. of Brockton, Davis Bros., Inc., The, 
Davis Ice Cream Company, De Dutch Amusement, Inc., 
De Haven Attractions, Incorporated, DeLuxe Dining Car 
Co., DeMott Estates, Incorporated, Deacon & Son, Inc., 
Dealers Construction Company of Boston, Incorporated, 
Deci Realty and Investment Corporation, Dedham Motor 
Mart, Inc., Delmark Shoe Company, Dependable Fuel 
Company, Desiccated Foods of Florida, Inc., Devonshire 
Corporation, The, Devonshire Securities Corporation, Dia- 
mond Brothers, Inc., Diamond Laboratories Inc., Dillon 
Boat Works, Inc., Direct Sales & Finance Co., Distributors 
--Incorporated, Diverse Investments Trust, Inc., Dodge 
Brothers, Inc., Dodson Plumbing Co. Inc., Doherty & 
Stickney Steam and Sprinkler Corporation, Dome Realty 
Co., Donn D. Sargent Co., Inc., Donnelly Valve Sales Cor- 
poration, Dorchester Knight & Whippet Corporation, Dover 
Process Label & Printing Co., Dover Smoker Lunch, Inc. 
(1931), Dow Leather Finish Co., Downes Motor Co. Inc., 
Drake Lunch Company, Drake's Cafeteria, Inc., Drucker 
School, Inc., The, Dry Stencil Sales Corporation, Duchesse 
Salted Nut Company, Dudley Bootery, Inc., Dudley Wood 
Works Co., Dun Whit Bowling Greens, Inc., Duraflex Com- 
pany of New England Inc., The. 

E. A. Allen Company, E. and A. M. Fullerton Inc., E. C. 
Atwater Company, E. Dedham Street Stables, Inc., E. F. 
Dakin Company, The, E. G. Higgins Co., E. J. Leland 
Company, The, E. L. Fitzhenry Company, E. M. Low Com- 
pany, E. P. Boggs Company, E. R. Nash Leather Company, 
Incorporated, E. Swenson & Son, Inc., Eager Transporta- 
tion Co., Eager's Commercial Garage, Inc., Eagle Motor 
Freight Service, Inc., Eagle Motor Tours, Inc., Eagleston 
Shop, Inc., Earl Ward Company, The, East Boston & Lynn 
Finance Corporation, East Boston Lumber Company, East 
Braintree Drug Co., Inc., East Coast Hotel Company, East 
India Kip Corp., Eastern Amusement Company, Eastern 
Automotive Products Company, Eastern Fabrics Corp., 
Eastern Flour Mills, Inc., Eastern Holding & Devel- 
oping Co. Inc., Eastern Motors Corporation, Eastern 
Novelty Company, Inc., Eastern Realty Corporation of 
Worcester, Eastern Service Marine Company, Eastern 
Service Refrigerator Company, Eastern States Aircraft Cor- 
poration, Eastern Tire and Rubber Co. Inc., The, Economy 
Hat Works Incorporated, Edmund L. Reddy Plumbing Co., 



208 Acts, 1933. — Chap. 148. 

Certain Inc., Educational Arts Building Incorporated, The, Edward 

d3ved°"' F. Miner Building Company, Edward Wilson Inc., Edwin 
Clapp Stores of Detroit, Inc., The, Edwin S. Parker Co., 
Elaclaire, Inc., Electric Boat Company of Massachusetts, 
Electric Chain Company of Massachusetts, Electric In- 
vestors Inc., Electric Machine and Instrument Company, 
Electric Rug Washing Co., Electrical Household UtiHties, 
Inc., Electrical Manufacturing Corporation, Electro-Heat 
Corporation, Electro Weld Company, The, Electrolight 
Manufacturing Company, 1140 Commonwealth Avenue 
Inc., Elgin Shoe Company, EHas Howe Company, Eliot 
Mills, Inc., Ehot Realty Company, Elhott-Lindabury Cor- 
poration, Elmwood Pharmacy, Inc., Embassy Market Co., 
Emergency Pumping Co., Empire Fashion Shop Inc., Em- 
pire Spice Co., Empire Woolen Co., Inc., Engel-Cone Shoe 
Company, Engineering Sales Corporation, Enwright Lunch 
Corporation, Epstein-Douglas Co. Inc., Equitable Com- 
mercial Company, The, Essex County Realty Co., Inc., 
Essex Rug Company, Eteenpain Co-operative Society, 
European Securities Corporation, Evans Construction 
Company, Evans Friction Cone Company, Even-Wear 
Shoe Co., Everett Ice Cream Company. 

F. A. Gallagher, Inc., F. A. Nichols Chair Company, F. 
& W. Realty Trust, Inc., F. D. Rankins Co., Inc., F. E. 
Nelson Company, F. H. Van Blarcom, Inc., F. I. Rabidou 
Iron Co., F. J. Van Etten Company, F. M. Fielder Corpora- 
tion, The, F. S. Brightman Company, F. V. Chaney, Inc., 
F. W. Hampshire Corporation, F. W. Montgomery, Inc., 
F. X. Horan, Inc., Faburnat Realty Corp., Factory Ex- 
change, Inc., The, Fair Sex Shoe Company, Inc., Fairburn- 
Piper Motor Car Company, Inc., Fall River Dye Works, 
Inc., Fall River Tube Company, Famous Shoe Shops Inc., 
Farber Shoe Company, Inc., Fashion Millinery Co., Inc., 
Fashion Shoe Co., Inc., Faunce & Spinney, Incorporated, 
Federal Clothing Company, Federal Hardware and Supply 
Co., Federal Lunch, Inc., Federal Realty Company, Federal 
Soda Fountain Co., Fein Brothers, Inc., Fellows Box Com- 
pany, Fenway Laundry Co., Ferguson Company, Fibre Cor- 
poration, The, Fibreboard Company, Fidelity Discount 
Corporation, Fields Corner Sales Company, Fifield-Robbins 
Company, Incorporated, Fifth Oakland Syndicate, Incor- 
porated, Financial Service Plan, Inc., Fine's Fashion Shop, 
Inc., Finn's Labor Agency, Inc., Fire Prevention Bureau 
Inc., The, First Mortgage Investment Corporation, First 
National Chain Filhng Stations, Inc., First National 
Clothiers Inc., First National Insurance Agency, Inc., First 
National Parlor Furniture Co., Inc., First National Under- 
writing Corporation of New England, Fischer & Loomis, 
Inc., Fisher Florist Corporation, Fisher, Inc., Fisheries 
Equipment Corporation, Fisher's, Inc., Fitchburg Foundry 
Company, Fitchburg Mfg. Co., Fitchburg Motor Dispatch, 
Inc., Fitchburg Motor Mart, Inc., Fitchburg Needlecraft 
Co., Fitzsimmons Leather Corp., Flagg Chemical Corpora- 



Acts, 1933. — Chap. 148. 209 

tion, Fleming Machine Company, Flex-or-crete Incorpo- Certain 
rated, Flint Drug Company, Inc., Florida Pasco Land Com- dtMo'ived!"^^ 
pany, Florida Syndicate, Incorporated, The, Flower Grow- 
ers Exchange, Inc., Foldit Corporation, The, Foley & 
Donovan, Inc., Foley Company, The, Folger Hotel Cor- 
poration, The, Follett & Kinney Machine Co. Inc., Forbes 
and Murray, Inc., Foster Dry Goods Co., Inc., Foster's, 
Inc., Four Hundred Eighty Boylston Street, Inc., Four Seas 
Company, The, Foursome Amusement Corporation, Fowler 
Oil Co., Inc., Foxcroft Realty Corporation, Framingham 
Construction & Supply Co., Framingham Duntile Com- 
pany, Inc., Framingham Wood Heel Co., Inc., Frank Costa 
Company, Frank Ford Company, Frank Losordo Co., Inc., 
Frank Pratt Tire Company, Inc., Franklin Automatic Heat- 
ing Inc., Franklin Co-operative Farmers' Ass'n, Franklin 
Engineering Company, Frankhn Field Motor Mart, Inc., 
Franklin Kane Company, Franklin Leather Co., Franklin 
Newton Motor Co., Franklin Park Theatre, Inc., Frankhn 
Supply Company, Inc., Frankhn Theatre Corporation, 
Eraser Company, The, Fred M. Foley Company, Freddie's 
System of Bakeries, Inc., Freefuel Sales Company of Mass., 
Ereeley Bros. Inc., Freeman Motors, Inc. (1930), French 
Motor Trucking Co., Friendly Merchants Association, Inc., 
Fritsystem, Inc., The, Frost Boston & Providence Des- 
patch, Inc., Frostonian Sales Company, Fuller Brook 
Farm, Incorporated, Fuller Furniture Company, Fuller 
Motor Sales Company, Fullmore Garage, Inc., Furbush & 
Company, Incorporated. 

G & R Investment Company, G. F. H. Corporation, The, 
G. H. Mansfield & Co., Inc., G. H. T. Brown & Company 
Incorporated, G. L. Grant, Inc., G. M. Smith Optical Com- 
pany, G. P. & R. E. Hatch Co., G. P. Wilman Company, 
G. S. Inc., G. W. Dobbins Company Inc., G. W. J. Murphy 
Company, Gaffney Sales Corporation, The, Gallozzi & 
Company, Inc., Gallup Tire Company Inc., Garden City 
Taxi Company, Garden Furniture Company, Gardner Fly- 
ing Club, Incorporated, Gardner Furniture Company, The, 
Gardner General Foundry, Inc., Gardner Loan Association, 
Inc., Gardner Motor Car Company, Gardner Shoe Co., Inc., 
Gas Equipment Corporation, Gaynor's Lunch, Inc., Gen- 
eral Bankers Corporation, General Fibre Corporation, 
General Heating Equipment Company, General Invest- 
ment Company, General Lacquer Corporation, General 
Management Corporation, General Manufacturing Cor- 
poration, General Reed & Rattan Company, Inc., General 
Shoe Findings Company, Inc., The, General Sports, Inc., 
General Spray Painting Company, The, General Television 
Corporation, Geo. A. Fletcher & Co. Inc., George Baker & 
Sons, Inc., George C. Torngren, Incorporated, George D. 
Baker Company, George E. Soar Company, George H. 
Carter Company, George H. Loud & Sons, Inc., George 
Howard and Sons Company, George Liberman Barber Sup- 
ply Co., Inc., George Nelson Brown, Incorporated, George 



210 Acts, 1933. — Chap. 148. 

?o7*oration8 ^' ^^^ Ij^st Company, George W. Harvey Company, 
dissolved. °* Gcorge W. Nixon, Inc., George W. O'Brien Inc., George W. 
Thompson Co., Georgetown Shoe Company, Gerard Inns, 
Inc., Gershaw Hardware Co., Inc., Ginsberg Junk Com- 
pany, Inc., Glatky Furniture Company, Incorporated, 
Glenn's Spa, Inc., Globe Phone M'f'g. Co., Glover & Com- 
pany, Inc., Glue Liquidation Corporation, Gnome Recrea- 
tion Laboratories, Inc., Goetting Realty Company, Golden 
Costume Company, Goldman and Waite Incorporated, 
Goldsmith Shoe Company, Golson Shoe Company, Goode- 
nough and Mayo Company, Goodnow Shoe Company, The, 
Gown Shop, Inc., The, Graceful Frocks, Inc., Graham & 
Cameron, Inc., Granite Block Waiting Room Inc., Granite 
City Construction Corp., Grant & Company, Inc., Great 
Northern Finance and Investment Corporation, Green Dry 
Goods Company, Green Mountain Ranch & Stores Co., 
Green River Malt Co. of Mass., Green Rooms, Incorpor- 
ated, The, Greenfield Home Development Company, Green- 
field Petroleum Company, Inc., Greenlay Construction Co. 
Inc., Gregoire Laboratory & Drug Company, The, Grey's 
Incorporated, Grossman's Inc., Guy-Lawrence Construc- 
tion Co., Guy P. Hale Company, Inc. 

H. C. Folger Company, H. E. Holbrook Company (1911), 
H. E. Smith & Son, Inc., H. H. Sullivan, Inc., H. M. Kin- 
ports Company, H. N. Desmarais Company, H. S. Connor, 
Inc., H. S. White Hardware Co. Inc., H. T. Lindsay Co., 
Inc., H. T. West Company, H. W. Bassett, Inc., H. W. 
Doane Co., H, W. Northridge Co., Inc., H. W. Sperry, Inc., 
H. W. Thomas Furniture Company, Haines Square Phar- 
macy, Inc., Halfer Marbleizing Company, The, Hall Paint 
& Hardware Company, Hall Projector Company, Inc., Hall 
Troy Company, Hambly's Specialty Co., Hamilton Perkins 
Co., Hamlin Securities Corporation, Hampden Upholstering 
Works, Inc., Hancock Realty Corp., Handy Chair & Table 
Co., Handy Lunch Inc. of West Springfield, Hanscom Hard- 
ware Co., Harlans Company, The, Harney Shoe Co., 
Harold Clothing Company, Harper Conservatory of Music, 
Inc., Harper XL Products Corporation, Harris Theatre Cor- 
poration, Harrison Supply Company, Inc., Harry Cohen & 
Sons, Inc., Harry Katz Company, Harry Raymond, Inc., 
Harry's Lunch Company, Harry's Men's Shop, Inc., Harry- 
saul Bedding Co., Inc., Hart Leonard Co. Inc., Hartley 
Clock Company, Hartmann Bros. Leather Co., Hartwell 
Export Corporation, Harvard Drive- Yourself, Inc., Harvard 
Golf Course Company, Incorporated, Harwich Sporting 
Club Inc., Harwin Corporation, Haseltine & Company, In- 
corporated, Haskell Motor Company, Hastings Creek 
Dredge Company, Hatters Hat Box Co. Inc., Hawley Fol- 
som Company, Health Disk Company of America, Health 
Products Corporation of America, Hearns Pharmacy Incor- 
porated, Heating, Engineering & Manufacturing Company, 
Hehos Battery Co. Inc., Henry James & Son, Inc., Henry 
L. Kincaide & Co., Inc., Henry, The Hatter, Inc., Henry 



Acts, 1933. — Chap. 148. 211 

Thomas Company, Inc., Herbert C. Veno Co., Hiawatha certain 
Hotel, Inc., Hibbard Electric Company, Highland Grocery, d^sTolved""^ 
Inc., Hill Lumber Company, Hillcrest Development Co., 
Hillsboro Camp, Inc., Hillside Coffee Shoppe, Inc., Hilma 
Shoppe, Inc., The, Hirschen Furniture Company, Inc., 
Hitchcock Furniture Company, The, Hitchings-Stephens 
Corporation, Hobart and Farrell Company, Hodges & Need- 
ham Company, Incorporated, Holders, Incorporated, Hol- 
land Laundry, Inc., The, Holland Market, Inc., Holland 
Tuhp Bulb Farms Co., Holland's Far East Tea, Coffee and 
Cocoa Company, Hollis Street Theatre Corporation, Holly- 
wood Inn of Boston, Inc., Holmes, Luce Company. Holyoke 
Surgical Hospital, Inc., Home Builders Counselors, Inc., 
The, Home Builders' Supply Company, Home Sales Com- 
pany, Hooper Printing Company, Hoover's Highland 
Garage, Inc., Horace S. Lowell, Incorporated, Horte Lab- 
oratories, Inc. (1928), Horte Laboratories, Inc., The (1930), 
Horton Corporation, Hotel and Inn Co. of Pemberton, 
Hotel DeWitt Company, Hotel Paramount Company, Inc., 
Houghton & Button Company, Howard Investment Co., 
Hoyt Wood Heel Corp., Hub Construction Co., The, Hub 
Dry Goods Co., Hub Haberdashers, Inc., The, Hub Lamp 
Manufacturing Company, Hub Moulding Co., Hub Pro- >. 

vision Company, Inc., The, Hudnut Company, The, Hud- 
son Theatre Inc., Hunt Stone-Tile Co., Hyde Engineering 
Company, Hyde Park Alleys, Inc., Hydro Sales Company 
Inc., Hytex Dresses, Inc. 

I. Ligham Co., Inc., I. Millman, Inc., I. Wolper Com- 
pany, Iceberg Manufacturing Co., Ideal Dresses, Inc., Ideal 
Furniture Company, Improved Cushion Shoe Co., Im- 
proved Specialties Company, Independent Bottling Com- 
pany, Inc., Independent Junk Company, Independent 
Laundry, Inc., Indian Lake Driving Club, Industrial Ap- 
praisal Company, Industrial Associates, Inc., Industrial 
Counsellors, Inc., Industrial Engineering Group, Inc., 
Industrial Manufacturing Co., Industrial Pipe and Supply 
Co., Initial Electric & Manufacturing Co., Inman Square 
Amusement Company, Institute of Current Literature In- 
corporated, Insurance Underwriters, Inc., Internal Com- 
bustion Atomizers Company, International Commerce Cor- 
poration, International Metal Products Company, Inter- 
national Shoe PoUsh, Inc., International Truck Corpora- 
tion of Worcester, The, Investment Trust of North America 
Incorporated, Invisible Window Screen Inc., Ipswich Bak- 
ing Company, Incorporated, Iroquois, Inc., The, Irving J. 
Lyon Company, Isaac Prouty & Co. Incorporated, Isabella 
Silver Black Fox Ranches, Incorporated, It, Inc., Italian 
Groceries Corporation, Italian Union Co-Operative Asso- 
ciation of Mansfield, Incorporated. 

J. A. Boyer Company, J. A. Moran Co. Inc., J. A. Parker, 
Inc., J. B. Simas Company, The, J. D. Daley Company, 
J. E. Farnsworth Co., Inc., J. Farrell & Co., Inc., J. Heslor 
& Co. Inc., J. I. Williams Book Company, J. J. Moore, Inc., 



212 Acts, 1933. — Chap. 148. 

TOr'^orationa "^' ^' "^^^^^^^ Company, J. Lipsitz Company, J. M. Archam- 
d?sTo°ved°°* bault Shoe Co., J. M. Devlin Co. Inc., J. Margolis, Inc., 
J. Murray Walker & Company, Inc., J. Roy Hiltz, Inc., 
J. T. Warder & Co., Inc., J. W. Moulton & Son, Inc., J. W. 
Stone & Co. Inc., Jack Spratt, Inc., Jack Stone Auto Com- 
pany, Inc., Jackson and Chapman Inc., Jackson Realty 
Corporation, Jackson Shoe Company, Jamaica PubHshing 
Company, James Barrett Manufacturing Company, James 
C. Wilhams Extract Company, James J. Shannon Co., 
James L. Donovan, Inc., James R. Cooper Company, Inc., 
James Wilkins, Inc., Jannini's Chemical Co. Inc., Jaze Inc., 
Jeanne, Inc., Jeremiah Williams & Company, Inc., Jinny 
Ricky Laboratories, Inc., Joanne Dress Shoppe, Inc., John 
A. Sheehan, Inc., John Adam Dagyr, Inc., John Alden, Inc.; 
John E. Agnew and Son Company, John E. Swanson, Inc., 
John F. Gould Co., Inc., John F. Meldon Co., John J. Boland 
Co., Inc., John J. Grothe Company Inc., John J. Ryan Shoe 
Company, John Livor, Inc., John P. Manos Incorporated, 
John Richardson Company, John Shaw & Co., Inc., John T. 
Kilcourse Company, John V. Wilson Co., John Venezia 
Company, John W. Bartlett Co., Inc., Johnson-Meloy, In- 
corporated, Jones & Hewitt Optical Co. Inc., Jones & Pol- 
son, Inc., Jones-Dexter Corporation, Joseph Blatt, Inc., 
Joseph Ladies' Hairdresser Inc., Joseph Ryack Coat Front 
Co. Inc., Josiah Pearce & Sons, Inc., Jud's Motor Trans- 
portation Co., Inc., Just Right Hardwood Golf Tee 
Company. 

K-M Express Company, Inc., K. R. Charlton Inc., 
Kaden Bros., Inc., Kakas Bros., Inc., Kalo Paper Company, 
Inc., Kane Co., The, Kapo Products Company, Inc., 
Katharine Gibbs School, Inc. (1917), Keith C. Brown & Co., 
Inc., Kel-Bur Products Company, Incorporated, The, Kel- 
dox Metals, Inc., Kelly and Jones Co., The, Kendall Print, 
Inc., The, Kenmore Da-Nite Golf, Inc., Kennedy Engineer- 
ing Co., Kennedy Marine Basin, Inc., Kenney's Bakery & 
Delicatessen Company, Keramic Tile & Marble Works, Inc., 
Keystone Engineering Corporation, Kilby Realty Com- 
pany, Kilby Street Corporation, Kildew of New England, 
Inc., Killory-Moriarty Shoe Co., Kimball Orchards, Inc., 
Kimber-Marhng, Inc., King Philip Mills, Kingsley's, Inc., 
Kingston Realty Co. Inc., Kirk & Klesper, Inc., Kirkley's, 
Inc., Kirstein Tanning Co., Klaff, Inc., Klauer Bros. Inc., 
Knickerbocker Music Co., Knoll wood Inc., Kollen's Deli- 
catessen and Bakery, Incorporated, Korola Company, 
Kringle Company. 

L. & K. Mfg. Co., Inc., L. & L. Department Stores, Inc., 
L. & M. Motor Sales Company, L. F. Abbott Company, 
The, L. Kaplan Co., Inc., L. M. Brock & Co., Inc., L. V. B. 
Tension Company, L. W. Anthony Co., La Due-Mann Inc., 
LaMode Company, La Salle Cleansers and Dyers, Inc., 
Labor Construction Corporation of America, Ladew-Jones 
Co., Lafayette Corporation, Lafayette Ice Company, 
Lafayette Shoe Co., Lake Erie-Anakin Company of New 



Acts, 1933. — Chap. 148. 213 

England, Lake Quinsigamond Amusement Company, Lake certain 
Realty Corporation, Lake Shore Amusement Co., Inc., d°sTo°ved!'"^ 
Lakewood Construction Company, Laminated Materials 
Company, Lancaster Mills, Landers and Hall, Inc., Land- 
lords' Inn Company (1927), Landlords' Inn Company, Inc. 
(1929), Lane & Frost, Inc., Lane Tube Corporation, Langer- 
Lippman Shoe Co., The, Langley- Wharton Co., Inc., Lans- 
ing Sales Company, Laskey-Lesley Co., Lavacote, Incor- 
porated, Lawrence Braiding Machine Co., Inc., Lawrence 
Credit Service Collection Exchange, Inc., Lea Gordon & 
Company, Inc., Lead Mine Ice Company, Leatherbee Com- 
pany, Legal Collection Guarantee Association, Inc., Lenox 
Cabin Inc., Lenox Visiting Nurse Association, Inc., Leo 
Kabatznick, Inc., Leominister Glass and Mirror Corpora- 
tion, Leominster Oil Burner Corporation, Leominster Steam 
Laundry Company, Incorporated, Leonard and Hamilton 
Foundry Company, Levaggi's, Inc., Lewis A. Crossett Com- 
pany, Lexington Gardens, Inc., Lexington Hardware and 
Supply Company, Lincoln Hill Poultry Farm, Inc., Lincoln 
Street Realty Co., Lincolnsfield Mills Incorporated, Lind- 
say, Inc., Linehan Corset Company, Linscott-Tyler- Wilson 
Company, Lithuanian Importing Company, Little Dorothy 
Dresses, Inc., Litvack Shoe Co., Locatelli-Sullivan Com- 
pany, Lock-Em-All Mfg. Co., Locomobile Company of 
Massachusetts, Inc., Loeffler's Victoria Garage, Inc., Lomac 
Company, The, London Fashion Clothiers, Ltd., Long- 
wood Towers Corporation, Loring Goes & Co. Incorpo- 
rated, Lorraine Analytical Service, Incorporated, Lothian 
Court Apartments, Inc., Lougee-Swanson Inc., Louie's Tea 
and Candy, Inc., Louis B. Schiller Co., Louis Goldberg Co., 
Louis S. Silvey, Inc., Louise B. Van Everen, Inc., Lowell 
Amusement Company, Lowell Miniature Golf Company, 
Inc., The, Lowell Plastering Company, Lowell Radio Com- 
pany, Ludden's Paint Store, Inc., Luigi, Inc., Lumen, Incor- 
porated, Lumsden Brothers Company, Lunt-Jillson Co., 
The, Lunt-Moss Corporation, Lyman Snow, Inc., Lynn 
Baseball Club Inc., Lynn Beach Garage, Inc., Lynn- 
Franklin Company, Lynn Lace and Braid Company, Lyons 
Electric Refrigerator Company, Lyons Haberdashery, Inc., 
Lyon wood, Inc., Lysander Kemp & Sons Corporation. 

M. Barry Shoe Co. Inc., M. Croman & Co., Inc., M. F. 
Cahill Co., M. Gannino, Inc., M. H. Corash Co., Inc., 
M. H. Loonie Construction Co., Inc., M. J. Lynch, Inc., 
M. J. Taylor and Company, Inc., M. L. Howard Piano Com- 
pany, M. L. Quinn Incorporated, M. Mishel & Co., Inc., 
M. S. L. Clothing Company, M. Zaff Bag and Burlap Com- 
pany, MacDonald and Blank, Inc., MacGown Gown Shop, 
Inc., MacRobert Shoe Co., Mac-Val Inc., Mac Work 
Clothes, Inc., Macalhster Co. Inc., Macdonald & Sons Inc., 
Macdonald, Goss Company, Inc., Mack Electric Corpora- 
tion, Madden & Somerset Inc., Madden Pharmacy, Inc., 
Magann's Garage, Inc., Magazine & Book Corporation, 
The, Magnus Drug Co., Main Hardware & Furniture Com- 



214 Acts, 1933. — Chap. 148. 

Certain pany, Main Realty Corporation, Majestic Hotel Company, 

dtsTo'ived"'"' Malcolm Shoe Corp., Maiden Auditorium Company, 
Maiden Bedding Co., Inc., Maiden Holding Company, 
Maiden Products Company, Maiden Times Publishing Co., 
Malloy Lunch Inc., Manchester Ice Company, Manhattan 
Food Stores Company, Mann Brothers Company, Mann 
Novelty Co., Inc., Many-Use Oil Corporation, The, Maple 
Wood Heel Company, Marine Engine & Repair Inc., Ma- 
rine Steam Motors Corporation, Marshall Bakeries, Inc., 
Marston's Hash Co., Inc., Martha's, Inc., Martha's Vine- 
yard Nash, Inc., Mason Auto Service Inc., Mass-Bay Cor- 
poration, Massachusetts Air Ferries, Inc., Massachusetts 
Bay Company, Massachusetts Incorporation Company, 
Massachusetts Land Company, Massachusetts Lumber & 
Box Company, Massod Manufacturing Company, Inc., 
Mathews Candy Company Inc., Mattapan Delivery Com- 
pany, Inc., May Boston Oil Burner Corporation, Mayfair 
Manor, Incorporated, Mayfair Products Company, May- 
fair Realty Co., Inc., Mayflower, Inc., The, Mayflower 
Laundries, Inc., The, Mayflower Meat Market Inc., May- 
flower Publishers, Inc., The, Mayflower Rubber Works 
Company, Maynard Drug Company, The, Maynard Equip- 
ment Company, Inc., Mayo Corporation, The, Maywood 
Realty Company, Mazze-Sharff, Incorporated, McAdams 
Auto Supply Co., Inc., McBride's Union Market, Inc., 
McConnel Motors, Inc., McGilvray Inc., McGrath Tag 
Stringer Company, McHefi^ey Express Company, Mclntire- 
Sawyer Glass Co. Inc., McKee-Dodge Employment Cor- 
poration, McLaughhn & Company, Inc., McMichael, & 
Co., Inc., McNally Building Company, Mead-Carter-Gif- 
ford Corporation, Meade Rubber Sales Company, Mechani- 
cal Leather Specialties Mfg. Co., Medical Products Sales 
Company, Melba Shoe Co., Meleney Ventilating Company, 
The, Melrose Miniature Golf Inc., Melrose Motor Sales In- 
corporated, Mercantile Investment Corp., Merchants & 
Manufacturers Finance Company, Merchants Guardian 
Company, Inc., Merchants' Motor Lines Inc., Merchants 
Pubhshing Company, Incorporated, Merit Shoe Co. of 
Lynn, Factory B, Merrimac Construction Company Inc., 
Merrimack Hosiery, Inc., Merrimack Wood Heel Com- 
pany, Inc., Messenger & Fox, Inc., Metropolitan Amuse- 
ment Agency, Inc., Metropolitan Camp Goods Company, 
Metropolitan Garment Company, Metropolitan Sand & 
Gravel Company, Inc., Mica Mines Corporation, Middlesex 
Cash Market, Inc., Middlesex Garage of Boston, Incorpo- 
rated, Middlesex Knitting Company, Mignon Candy and 
Restaurant Inc., Miller Bros. Pickle Co., Miller Trolley 
Shoe Company, Miller's Cafeteria Inc., Miller's Dye House, 
Inc., Millett Corporation, Millett- Woodbury Company, 
Milliken Molded Products Co., Milton Construction and 
Engineering Corporation, Milton Shoe Company, Miniature 
Heel Machine Company, Minit Foods of Massachusetts, 
Inc., Minot Fisheries Inc., Miss Holland, Incorporated, 



Acts, 1933. — Chap. 148. 215 

Miss Sullivan, Inc., Missouri-Kansas Farms Company, ^^"***'»,j 
Mittineague Coal Company, The, Model Comb Company, d?88dved?'*^ 
Model Novelty Corporation, Model Shoe Company, Inc., 
Model Shoe Stores, Inc., Modern Shoe Co. Inc. of Haverhill, 
Mohawk Confectionery Company, Inc., The, Mohawk 
Motor Company, Morandi-Proctor Company, Morris & 
Company, S. A., Incorporated, Morris Dress Co. Inc., 
Morris Katz, Incorporated, Morry Rogers, Inc., Morse 
Hardware Company, Inc., Morse, of Lynn, Inc., Mortgage 
and Equity Investment Company, The, Mortgage-Certifi- 
cate Trust Inc., The, Mortgage Guaranty Company, Mor- 
ton Drug Company, Morton Furniture Co., Morton Hard- 
ware Company, Inc., Morton Kosher Meat Market, Inc., 
Morton Theatre, Inc., Morton Trucks Inc., Motor Equip- 
ment Company of Milford, Motor Mart Garage Corpora- 
tion, Mount Auburn Motor Mart, Inc., Mount Holyoke 
Spring Water Company, Mountain Mill Company, Mrs. 
Sherburne, Inc., Muddy Pond Cranberry Company, Muni- 
cipal Producers of Holyoke, Inc., Munmohani, Inc., Murphy 
Express Company, Murray, Slade and Kent Company, 
Murray's Inc., Mutual Finance Corporation, Mutual In- 
dustrial Service of Cambridge, Inc., Mutual State, Inc., 
Mydans-Curley, Inc., Mystic Jewelry Company, Inc., 
Mystic Knitting Company, Inc., Mystic Mica Company. 
N & H Department Store Inc., N. E. Miniature Golf, Inc., 
N. V. A. Smoker Lunch, Inc., N. Ward Company, Inc., Nan- 
tucket Motor Sales Co., Narroweave, Inc., Nash Sales Corp., 
Nash's Inc., Nashua Shoe Manufacturing Co., Nason Con- 
struction Co., Inc., Nathan Goldsmith, Inc., Natick Tag & 
Label Corporation, Nation Wide Publicity Corporation, 
National All-Teed Golf Corporation, National Brake Serv- 
ice Incorporated of N. E., National Electrical Instrument 
Company, National High Pressure Hose Co., National Mov- 
ing Company, Inc., National Printers Supply Company, 
National Real Estate Bureau, Inc., National Sales Corpora- 
tion, National Seaseald Fillets, Inc., National Shoe Co. of 
Haverhill, National Transportation Co., National Uphol- 
stered Furniture Co., Natrado, Incorporated, Needham 
Miniature Golf Club, Inc., Neff and Morse, Incorporated, 
Nehi Bottling Co., Inc., Nelson D. White & Sons, Inc., Nel- 
son Motor Company, Nelson, Russell Inc., Nepsco, Incor- 
porated, Neptron Corporation, Nestle's Milk Products, Inc., 
Netherland Butter and Egg Company, Netoco North Attle- 
boro Theatre, Inc., Neverbreak Heel Manufacturing Co., 
New Acme Plating Co., New Bedford Spinning Company, 
New Bedford Tom Thumb Golf Course, Inc., New City 
Hotel Company, New Energy Manufacturing Company, 
New England Broadcasting System Incorporated, New 
England Catalin Company, New England Consolidated 
Corporation, New England Construction Company, The, 
New England Diners Inc., New England Engineering Cor- 
poration, New England Express Exchange, Inc., New Eng- 
land Machine Exchange, Inc., New England Maintenance 



216 Acts, 1933. — Chap. 148. 

Certain Company, Inc., New England Minerals, Inc., New England 

d3ved°°^ Paper Company, Inc., New England Picture Departments, 
Inc., New England Power Construction Company, New 
England Public Relations, Inc., New England Rags & Junk 
Company, New England Realty Company, New England 
Rock Excavating Company, New England Sail Plane Com- 
pany, New England Specialties Combustion Co., New Eng- 
land Traders Association, Inc., New England Trans-At- 
lantic Line Inc., New England Tunnel Co., New Shore 
Gardens, Inc., New Star Manufacturing Co., New York 
Stores, Inc., New York Wearing Apparel, Inc., Newbert 
Color Corporation, Newbury Associates, Inc., Newbury- 
port Theatres, Inc., Newhall & Blevins Inc., Newman Shoe 
Company (1929), Newton Box Company, Newton Con- 
tracting Company, Newton Garage & Automobile Com- 
pany, Newton Roofing Company, Newton Stables Inc., 
Newton Tombar Golf Course, Inc., Niagara Realty Corpora- 
tion, Nicholas Sannella & Son Inc., Nichols Confectionery 
Company, Noble and Brown, Inc., Nonotuck Garage Com- 
pany, Norcross-Cameron Company (1904), Norfolk Securi- 
ties Company, Norman R. Adams, Inc., Norris Company, 
Inc., The, Norris-Redfield Co., North Atlantic Investment 
Trusts, Incorporated, North Dighton Stove Company, 
North Natick Realty, Inc., North Plymouth Coal Com- 
pany, North Reading Wagon Co., North Shore Chevrolet, 
Inc., North Shore Market Co., North Shore Tile Company, 
Northampton Indoor Golf Academy, Inc., Northern Air- 
lines, Incorporated, Northern Waste Company, Northside 
School Inc., Norton Tire Stores, Inc., Norwood Central 
Motors, Inc., Norwood Spray Company, Noseworthy- 
DeCosta, Inc., Novelty Furniture Shoppe, Inc., The, 
Novelty Rug Mills Incorporated, Novelty Shoe Co. of Bing- 
hamton, N. Y., Noyes Outlet Company, Nutting's Marble- 
head Yachts, Inc. 

Oak Hill Village Bus Service Co., Oakes Manufacturing 
Company, Oakhurst Company, Ocean Realty Corporation, 
Oil Burner Engineering Corporation, The, Oko Zinc & Lead 
Company, Old Colony Airways Corporation, Old Colony 
Automobile Company, Old Colony Silver Black Fox Com- 
pany Inc., Old Scotch Remedies, Ltd., Old South Engraving 
Company, Old South Sandwich Shop Inc., Olmstead Cor- 
poration, Onset Cafeteria, Inc., Opera House Incorporated, 
Oppenheim Clothing Co., Inc., Orr Hardware Company, 
Otis Allen & Son Company, Ovington Sales Company, Ox- 
ford-Eustis Realty Company, Oxford Motors, Inc., Oxford 
Woolen Company, Oxidite Manufacturing Company. 

P & S Laundry Inc., P. & S. Pharmacy Inc., P. & W. Sales 
Corporation, P. C. Athas & Co., Inc., P. F. Shea Incor- 
porated, P. J. Griffin Construction Co., P. W. L. Flying 
Service, Inc., Package Confectionery Company, Package 
Confectionery Company, Inc., Packard Paint & Varnish 
Co. Inc., Padichah Cigarette Co., Page Securities Corpora- 
tion, Paine-Hoban, Inc., Palace Amusement Company, 



Acts, 1933. — Chap. 148. 217 

Palace Florists, Inc., Palmer Cloak & Suit Co., Inc., Palmer certain 
Concrete Products Co., Paramount Cab Co. of Boston, Inc., d?sTo°ved°"* 
Paramount Foods Incorporated, Paramount Petroleum 
Company, Inc., Paramount Petticoat Company, Paramount 
Products Corporation, Paris Store Company of Fitchburg, 
Parisian Perfume Shoppes Incorporated, Park Electrical 
Company, Park Lunch, Inc., Parker Furniture Co., Inc., 
Parker Hill Realty Co. Inc., Parker Jewelry Co., Parker 
Mills, Parkerson Corporation, Parkman-Wasgatt Company, 
Inc., Patrick J. Sullivan, Inc., Paxtons Inc., Payne-Bates, 
Inc., Pedomusclar Clinics Incorporated, Peerless Dress 
Company, Inc., The, Peg & Paul, Inc., Pemaquid Mills, 
Peninsular Storage and Warehouse Company, Pennacchio 
& Russo Co., People's Educational and Amusement Associa- 
tion, Inc., The, Peoples Mercantile Company, The, Pepler 
Weaving Company, Pepperell Spring Water Company, Inc., 
Perkins Co., The, Perryville Woolen Mills, Inc., Peter 
Vezina & Co. Inc., Petrie Studios Inc., Pettengill Wood Heel 
Company, Phenix Plate Company, The, Philip's Market, 
Inc., Phillips Novelty Shoe Store, Inc., Phillips Rubber Co. 
Inc., The, Phoenix Shoe Mfg. Co., Phoenix Shoe Mfg. Cor- 
poration, Phonograph Publishing Company, The, Pictorial 
Educator Publishing Company, Pierce Davis Corporation, 
Pilgrim Engraving Co., Pilgrim Park, Inc., Pilgrim Steel & 
Wrecking Co., Pillowcraft Co., Inc., Pine Grove Filhng Sta- 
tion, Inc., Pioneer Realty Company Incorporated, The, 
Pioneer Rubber Company, Pioneer Service Association, 
Inc., Pioneer Shp Cover Co., Inc., Pittsfield Co-operative 
Coal Company, Pittsfield Eastern Oil Burner Company, 
Plate Realty Company, Play-0-Lite Company, Plaza 
Theatre, Inc., Plum Island Beach Company, Plymouth 
Amusement Co., Plymouth Theatre Co., Pocasset Miniature 
Golf, Inc., Point Breeze Corporation, Pontoosuc Woolen 
Manufacturing Company, Poole Printing Company, Pope 
Company Inc., The, Poponesset Land Company, Porter 
Manufacturing Company, Porter Theatre Company, Portu- 
guese Real Estate Improvement Company, Postal Realty 
Company, Inc., Power Products, Inc., Preble Box Toe Co., 
Premier Fox Farms, Inc., Premier Investment Company, 
Premier Oil Co., Premier Upholstering Co., Prescott Realty 
Company, Press of James Kent Eaton (a corporation). The, 
Price Milhnery Corporation, Price Shoe Company, Pride 
Transport Co., Prime Dress Manufacturing Company, 
Prince Reenforced Rubber Company, Prize Shoe Co. Inc., 
The, Professional Realty Company, Inc., Progress Corpora- 
tion, Progressive Bulb Farms Incorporated, Progressive 
Coal Company, Inc., Progressive Investors Inc., Prospect 
Construction Company, Inc., Prouty Furniture Company, 
Inc., Prudential Company, The, Public Lunch & Delicates- 
sen Co., Inc., Public Motor Sales Co., Pura-Tex Co. Inc., 
The, Pure Food Lunch Company, Pure White Refined Oil 
Company, Inc., Puritan Confectionery Co., Puritan Gro- 
cery Stores, Inc., Puritan Pharmacy, Inc., Puritan Real 



218 Acts, 1933. — Chap. 148. 

Certain Estate Trust, Inc., Pushpull Valve Cap Company, Pynchon 

corporations -r>ij./^ 

dissolved. Kealty Co. 

Quality Appliance Dealers, Inc., Quality Paint & Hard- 
ware Store, Inc., Quality Shop, Inc., Quality Upholstering 
Company, Quashnet Company, Queen Quality Undergar- 
ment Co. Inc., Quincy Amusement Corporation, Quincy 
Automobile Company, Inc., Quincy Drug Company, Inc., 
Quincy Mortgage & Acceptance Corp., Quincy Pump Co. 

R. & S. Footwear Co., R. Davis Department Store Co., 
R. F. Sheeran & Co., Inc., R. H. Ducey Co., R. J. Warren 
Company, R. M. Rubin Co. Inc., R. N. Ellis Incorporated, 
R. V. C. Construction Company of Newton Inc., Radio Ad- 
vertising Inc., Radio Markets, Inc., Radio Sales Cor- 
poration, Radium Springs, Inc., The, Rainbow Extension 
Corporation, Rainbow Shoe Co., Ramsdell Tool & Manu- 
facturing Co., Raphel Dress Mfg. Co. Inc., The, Ray 
Cotton Company, Ray Detective Agency and Merchants 
Secret Service Incorporated, Ray Dress Shops, Inc., Ray 
Furniture Co., Raydon Manufacturing Company, Ray- 
mond Kimball & Sons, Inc., Rayner Manufacturing Com- 
pany, Re-Bo Products Company, Reading Dairy Company, 
Real Estate News, Inc., Realty Corporation of Cambridge, 
The, Reardon Boiler Company, Red Riding Hood Stores, 
Inc., Red Wing Flying Service, Inc., Redden Resihent 
Wheel Company, Redgate Bros. Inc., Regal Baking Cor- 
poration, Regal Corset Company, Regent Garage Company, 
Reisig Hair Felt Co., Inc., Rehable Garment Co., Inc., 
Renard Cocoanut Grove, Inc., Reponens' Service System, 
Inc., Repubhc Fuel, Inc., Restaurant Momart, Inc., Revere 
Ark Company, Revere Automobile Co. Inc., Revere Build- 
ing, Inc., Revere Hardware Company, Revirwen Invest- 
ment and Securities Company, Richards-McKoan Com- 
pany, Richardson Roofing Company, The, Rico Ignition 
Company, Riggs & Company, Incorporated, Rite-Way 
Golf, Inc., Rite- Way Stores, Inc., Riverside Gardens, Incor- 
porated, Riverside Leather Co., Inc., Road Building Service, 
Inc., Ptobbins & Norris, Inc., Robbins-Clarke Coal Com- 
pany, Robert Leonard Company, Robert W. Powers 
Company, Robert Wise, Inc., Roberts Battery Service 
Company, Robinson Auto Repair Company, Inc., Rock- 
port Granite Company, Rockrimmon Oil Company, Rogers 
Incorporated, Rogers Trucking Company, Rogosa Realty 
Corporation, Rolland Stores Corporation, Rollins Dress Co. 
Inc., Roope, Folkins, & Hamilton Roofing Co., Rose Gift & 
Novelty Co., Inc., Rose Manufacturing Co., Inc., Rose- 
loom Manufacturing Co., Ross Jewelry Company, Inc., 
Rossman Electric Supply Co., Rotosales Manufacturing 
Company, Roxbury Auto Renting Co., Roy- Art Company, 
Roy J. Foster & Company, Inc., Roy Manufacturing Com- 
pany, Royal Blue Line Co. of New York, Royal Cafeteria, 
Inc., Royal Cloak & Suit Co., Royal Coat Co. Inc., Royal 
Comb Company, Royal Film Exchange, Inc., Royal Furni- 
ture Corporation of Boston, Royal Metal-Clad Door Com- 



Acts, 1933. — Chap. 148. 219 

pany, Inc., Royal Motors, Inc., Royal Paper Box Company, Certain 
Royal Restaurant Corporation, Royal-Sills Company, Inc., dtsTolved!'''^ 
Royal Specialty Shops Inc., Royall Holding Corporation, 
Rubber Mills Outlet Corp., Rubin Cramer Co., Inc., 
Rudser Operating Company, Ruggles Street Garage, Inc., 
Ryan-Hamilburg Motor Co., Ryan-Rogers Shoe Company, 
Rylan Motor Company. 

S. A. Meagher Company, S. & L. Transportation Co. Inc., 
S & S Enterprises, Inc., S & W Company, Inc., S. B. & H. 
Company, S. Barrile Manufacturing Co., S. C. Donovan 
Company, Inc., S. C. Lowe Supply Company, S. E. Aaron 
Company, S. E. Bentley Company, The, S. H. Appleman 
Co., S. J. Farber Shoe Co., S. Landow Company, of Spring- 
field, The, S. R. Hazelton Manufacturing Co., The, S. 
Servetnick Inc., S. Shapiro Company, S. Silk Co. Inc., 
S. Slotnick, Inc., S. Sodekson Company, S. V. L. Manu- 
facturing Company, Saben Lock Nut Co., Inc., Sadie 
Kelly's Spa Inc., Safety Truck Chain Company, Inc., The, 
St. Regis Hotel and Restaurant Co., Sal-Mo Company, The, 
Salem Street Realty Co., Sales Analyst Inc., Sally's, Inc., 
Sam's Clothes Shop, Inc., Samuel H. White Company, Inc., 
Samuel Wasserman Co., Sanborn Construction Co., Inc., 
Sanborn Motors Inc., Sanford Tire Corporation, Sarnoff- 
Irving Hat Stores Company, Satin Electric Corp., Saugus 
Excavating Co., Inc., The, Saugus Theatre, Inc., Savo Bak- 
ing Company, Inc., Savoy Products, Inc., Savoy Sand 
Company, Sawyer's Market, Inc., Sayli's Parisian Beauty 
Salon, Inc., Sayvoyl Corporation of New England, The, 
Scanlan- Wilson Furniture Company, Scheinfeldt, Inc., 
Sch. Governor Fuller, Inc., Schumaker-Santry Company, 
Scott & Blake, Incorporated, Searing & Company, Inc., 
Seaver Kosher Meat & Poultry Markets, Inc., Second Oak- 
land Syndicate, Incorporated, Securities Trust Corpora- 
tion, Security Building and Development Company, Secu- 
rity Construction Company, Security Investment Com- 
pany, Security Mortgage Association Inc., The, Security, 
Realty & Mortgage Co., Security Share Co., Segerson 
Bros., Incorporated, Service Excavating Co., Service, Inc., 
Service Supply Co., Inc., Sharon Box Company, Sharon 
Real Estate Company, Shawmut Petroleum Company, 
Shawmut Securities Corporation, Shawmut Shoe Company, 
Inc., Shawsheen River Farm, Inc., Sheep, Inc., Sheinfield- 
NoUman Inc., Shellcrest Stock Farm Company, Shepard 
Motors, Inc., Sherman Bros. Shoe Co., Sherman Power 
Construction Company, Shipbuilding and Motor Equip- 
ment, Ltd., Shopping Guide of Worcester, Inc., Shopping 
Guide Operating Co., Inc., Shops of Irregulars, Inc., The, 
Shorey-Dunham, Inc., Shove Mills, Shwom Realty Com- 
pany, Inc., Sibley Nash Co., Inc., Sibulkin & Sons Shoe Co., 
Sidney F. Hooper Realty Company, Sief Supply Co., Sil- 
houette Dining Room Inc., The, Silver's Bakery, Inc., Simp- 
son Furniture Company, Six Little Tailors, Inc. of Boston, 
1654 Corporation, Skiff's Incorporated, Slater-Hale Com- 



220 Acts, 1933. — Chap. 148. 

Certain pany, Slyde On Co., Smith & Dove Manufacturing Com- 

d°8To°vtd°°^ pany, Smith Corporation, The, Smith Heating Co., Smith 
Mills, Smith Tablet Company, Inc., The, Snyder Sales 
Company, Inc., Somerset Textile Company, Somerville 
Motor Sales Co., Soulliere Motor Co., South Bellingham 
Realty Co., South Boston Construction Co., South Boston 
Motor Mart, Inc., South Deerfield Farmers Exchange, Inc., 
South Huntington Avenue Garage Inc., South Lawrence 
Amusement Co., Inc., South Shore Construction Co. Inc., 
Southbridge Theatre Operating Company, Southgate Ma- 
chinery Co., Soutter, Gooch & Holbrook, Inc., Spack Asso- 
ciates, Inc., The, Spafford Company, Incorporated, The, 
Speak-0-Phone Co., Inc. of Massachusetts, Specialty Sales 
Corporation, Spencer Court Realty Company, Spofford 
Machine Co. Inc., Sport-0-Gram Newspaper Publishing Co. 
Inc., The, Sports Development Corporation, Sportsmen's 
Club of Greater Boston, Inc., The, Spring-0-Pedic Com- 
pany, Springfield Brick Inc., Springfield Cadillac, Inc., 
Springfield Kelvinator Sales, Inc., Springfield Tire Service 
Co., Inc., Springfield Trust Associates, Inc., Springfield 
Yellow Cab Company, Stafford Corporation, The, Stanco 
Tile Co. of Boston, The, Standard Candy Company, 
Standard Construction and Realty Company, Inc., The, 
Standard Stores, Incorporated, Standard Supply Company, 
Incorporated, The, Standard Tanning Company, Stanleys' 
Furniture, Inc., Star Machine Co., Inc., Star Wood Heel 
Co., State Motor Co., Inc., State Theatre Club Inc., The, 
Statistical Bureau, Incorporated, The, SteCo Inc., Steelex 
Company, Stephen J. Tobin, Inc., Step-in-all Manufactur- 
ing Company, Inc., Sterling Chemical Co., Sterling Cloak 
Co., Inc., Sterhng Worsted Company, The, Sterns Lumber 
Company, Stetson Shops Incorporated, Stevens Bread 
Company, Stevens Market, Inc., Stewart Clothes Shop, 
Inc., Stockbridge Pharmacy, Inc., Ston-Craf Co., The, 
Stone & Andrew Company, Stone & Webster Construction 
Company, Stone Machine Company, Stony Brook Car- 
bonizing Company, Stout, Scanlan Company, Stow Golf 
and Country Club, Inc., Strandway Motors, Inc., Strogoff's, 
Inc., Stuart-Chevrolet Company, Studebaker Sales Com- 
pany of Rhode Island, Style Dress Shop, Inc., The, Style 
Garment Shop, Inc., The, Suburban Motor Car Co., Inc., 
Suffolk Engraving & Electrotyping Co., Sugden Company, 
The, Sumner Hardware Co., SunShine, Incorporated, Sun- 
kist Fruit Stores of Worcester Inc., Superior Cloak Co., Inc., 
Superior Coal Combustion Company, Inc., Superior Oil 
Burner Manufacturing Co., Inc., Superior Tailors Inc., 
Supreme Garment Mfg. Co. Inc., Sure Lube Products In- 
corporated, Surety Underwriters Corporation, Surfside 
Motors, Inc., Swaine Iron Works, Inc., Swan-Russell Com- 
pany, Swan's Island Fisheries, Inc., Swartz Bros. Inc., 
Swartz Drug Company, Sweet-Hot of New England, Inc., 
Sydney L. Curry Inc. 

T. Berman Company, T. C. Brooks Company, T. J, 



Acts, 1933. — Chap. 148. 221 

McMahon Co., T. P. Lancaster Company, The, Tabor Certain 
Furniture Co., The, Talbot Laundry Co., Talbot-Quincy, di's?o°ved°'" 
Inc., Tan car Oil Company, Tarlow- Jones Shoe Company 
Inc., The, Tate Manufacturing Company, Taunton Rubber 
Company, Tax Digest, Inc., Taxi Inc., of Cambridge, Taxi 
Service Company, Taylor-Adams Co., Inc., Taylor-Rousseau 
Inc., Ted's Mens Shops, Inc., Temple & Company, Inc., 
Temple Shops, Inc., The, Ten Associates Inc., Tenney & 
Company, Inc., Tenser Radio Corporation, Terminal Elec- 
tric Supply Co., Terminal Gas & Supply Company, Testa, 
Landino and Scurto Engineering Co. Inc., Theatrical Cor- 
poration, The, Thermo Coal Heating Co., Inc., Thimia's 
Spa, Inc., Thos. F. Kelley Company Inc., Thomas Leyland 
& Co. Inc., Thomas R. Flynn Inc., Thompson Box Com- 
pany, Thorndike Realty Corporation, 325 Washington 
Street Corp., Three Millers Lowell Company, Thrift Coal 
Company, Inc., Tierney's Flower Shoppe Inc., Tobias Fur- 
niture Co., Todd, Inc., Toddman Stores, Inc., Tolman-Fox 
Corporation, Tom Talbot's Weymouth Corporation, Tom 
Thumb Golf Club, Inc., Tomkinson Plumbing & Heating 
Co., Toppan Boat and Engine Company, Torrey- Warren 
Furniture Manufacturing Company, Touraine Shoe Cor- 
poration, Tower Motor Co., Townleigh Holding Corpora- 
tion, Traffic Tire Service Co., Trans-Pecos Oil & Gas Co., 
Tredrite Mat Company, Tremont Indoor Golf Courses, Inc., 
Tremont Investment Company, Tri-Sigma Corporation, 
The, Trimont Laundry, Inc., Triple City Rug Company, 
Troy Long Wharf Co. Inc., Tufts Motor Company, Inc., 
Turn Stile Process, Inc., Turner Corporation, The, Turn- 
pike Golf, Incorporated, 20 Exchange Street, Inc., Twill 
Products Company, Two Forty Worthington Co., 224 Com- 
monwealth Avenue, Inc., Two Town Taxi Inc., Tydee 
Company. 

U. S. Brick & Tile Co., Underwear Syndicate Company, 
Underwrap Company, The, Union Cotton Manufacturing 
Company, Union Fire Insurance Agency (Incorporated), 
Union Shoe Mart, Inc., Unique Theatre Company of Bos- 
ton, United Buyers' League, Inc., United Clothing Co., 
United Concrete Products Corporation, United Co-opera- 
tive Society of Gardner, United Dealers Corporation, 
United Distributing System, Inc., United Electric Ap- 
paratus Company, United Garage Company, Inc., United 
Investors, Inc., United Persian Rug Importers, Inc., 
United States Air Lines (Corporation), United States Auto- 
mobile Association Inc., United States Investment Com- 
pany, United States Marble Works, Inc., United States 
Producing Co. Inc., United Tea and Coffee Company, Inc., 
United Textile Warehouse Company, United Wheel & Rim 
Company, United Wood Heel Co., Inc., Universal Armature 
Corporation, Universal Candy and Chocolate Machinery 
Company, Inc., Universal Coal Company, Universal Grind- 
ing Machine Company, Universal Keyless Lock Company, 
Universal Medical Fund Company, Universal Safety Tread 



222 Acts, 1933. — Chap. 148. 

Certain Company, University Apartments Inc., Uphams Corner 

dTsTo'ived!"'* Indoor Golf Course Inc., Utilities Investors, Inc., Utilities 
Management Corporation, Utility Service Corporation. 

Vacation Training Camp, Inc., Valley Textiles Co., Inc., 
Van I. Bennett Inc., Vanadium Wire Company, Incor- 
porated, Vassara Fruit Co., Inc., Vaughn-Upton Company, 
Vendamuse Corporation, Vendomatic Corporation, The, 
Venture Inn, Inc., Vi-Tone Food Products, Inc., Victory 
Amusement Co., Victory Tenants Corporation, Vinson's, 
Inc., Virgin-Doucette Co., Viscoloid Company, Inc., The, 
Vizzini's Loan Association, Inc., Vogue Dress Co., Von 
Sotta System, Inc., Vose Construction Company, Vosine 
Company, The, Voye Electric Supply Co. 

W. A. Fuller & Son Inc., W. A. Lieson Company, W. A. 
Norton Company, W. A. Shea, Inc., W. A. Webster Lum- 
ber Co., W. B. Pratt Inc., W. D. Byron & Sons Leather 
Company, W. E. Maynard, Incorporated, W. E. Putnam 
Company, W. G. Shaw Furniture Co. Inc., W. H. Bennett 
Co., W. H. Brayton Co., W. H. Morton Co. Inc., W. H. 
Sharp Co-operative Shoe Company, W. H. Virgie Company, 
The, W. J. Spinney, Inc., W. L. White Motor Co., W. M. 
Brown, Inc., W. M. Hall Company, W. N. Gleason Com- 
pany, The, Wacco Supply Company, Wachusett Orchards, 
Inc., Wachusett Realty Company, Inc., Wakefield Rattan 
Company, Walker Clothes, Inc., Walker-Indian Company, 
Wallace Nutting, Incorporated, Walsh & Brown Company, 
Walsh Drug Company, Walsh Specialty Shop Inc., The, 
Walter Baker & Company, Limited (1895), Walter J. 
Moran, Inc., Walters, Inc., Waltham Auto Exchange, Inc., 
Waltham Bleachery and Dye Works, The, Waltham 
Building Corporation, Waltham Doughnut Corporation, 
Waltzer of Revere Beach, Incorporated, Wampanoag Mills, 
Warren Hide & Leather Co., Warren Hotel Company, War- 
ren Soap Manufacturing Company, Warren T. Simpson 
Company, Washington and Devonshire Realty Company 
Inc., Washington Clothing Co. Inc., Washington (District 
of Columbia) Investment Trust, Inc., Wass Motor Sales, 
(Inc.), Waterloo Textile Corporation, Watt-Negus Auto- 
matic Train Control Company of United States, Way- 
bright Manufacturing Co., Webb Steamship Company, 
Weber Bros., Inc., Webster Coal Company, Incorporated, 
Webster-McHatton Lumber Co., Weir-Jackson Company, 
Welburn Cadillac Company, Welch Paint & Glass Co., 
Wellesley Excavating Company, Inc., Wellesley HiUs 
Exchange, Inc., Wellings Coal Co., Wellington-Pierce Com- 
pany, Wellman's Inc., Wentworth Hotel Company, West 
Boylston Manufacturing Company, The, West End Real 
Estate Corporation, West India Fruit Company, West 
Stockbridge and Hudson Marble and Lime Company, 
Westerly Granite Co., Inc., Western Associates, Inc., The, 
Western Counties Finance Corporation, Western Fruit & 
Produce Company, Westfield Tire and Rubber Company, 
Inc., Westwood Laboratories Co., Wetmore-Savage Air- 



Acts, 1933. — Chap. 148. 223 

craft Corp., White & Company, Inc., White Construction ceruin^.^^^ 
Company, Inc., White House Laundry Corporation, White d^sTJived""* 
Motor Tours, Inc., Whitman Patching Machine Co. Inc., 
Whittemore-Woodbury Company, Whittier & Whitney 
Inc., Wickham and Roe Company, Wiig, Inc., Wilbraham 
Sales and Service, Inc., Wilder & Ballou Co., Wilgel Com- 
pany, Inc., Willard M. Pettey, Incorporated, Wm. Ander- 
son Co., Wm. C. Codman & Son, Inc., William Cashman & 
Sons, Inc., WilHam F. Baird Company, WiUiam F. Bennett 
Co., Inc., The, William F. Hennessey & Sons, Incor- 
porated, William F. Kerrigan Company, William F. 
O'Brien, Inc., Wilham G. Barker Company, William H. 
Bassett Co. of Stoughton, WiUiam J. Sulhvan Company, 
WilUam Karp Tire Company, Wilham L. Fletcher, Inc., 
William Rockhn, Inc., Williamstown Farmers Exchange, 
Inc., Willowcraft Shops, Inc., Wilmur Motors, Inc., Wilson 
Furniture Manufacturing Company, Inc., Wilson Refriger- 
ation and Sales Corporation, Winchester Furniture Com- 
pany, Winchester Realty Company, Windsor Cafeteria, 
Inc., Winter Garden Golf Courses, Inc., Winthrop Motor 
Sales, Inc., Winthrop Textile Corporation, Wiswell the 
Druggist, Inc., Withers, Inc., Wolcott Square Pharmacy, 
Inc., Wolfe Leather Co., Wollaston Associates, Inc., Wonder 
Laundries, Inc., Wonderly's, Inc., Wood & Wood, Incor- 
porated, Wood-Crafters, Inc., The, Woodbourne Apart- 
ments, Inc., Woodcock Taxi Inc., Woodruff, Keefe and 
Rogal, Inc., Woodward School, The, Wooleather Manufac- 
turing Co., Worcester Apron Co. Inc., Worcester Auto 
Company, Incorporated, Worcester Auto Livery, Inc., 
Worcester Credit Grantors Association, Inc., Worcester 
Fire Extinguisher Company, Worcester Grill Inc., Worces- 
ter Mortgage Corporation, Worcester Motor Company, 
Inc., Worcester Olympia Company, Worcester Rubber 
Company, Worcester Silk Mills Corporation, Worcester 
Tire Corporation, Worden-Hotz Company, Wright & 
Wright, Incorporated. 

Y-D Service Garage of Worcester, Inc., Y-D SuppHes 
Company, Yale Shoe Co., Inc., Yun Ho Co., Inc. 

Zeena Gabelnick, Inc., Zola Dress Co., The, ZoU Leather 
Company. 

Charitable and Other Corporations. 

Ashby Silver Fox Club, Inc., Associated Hebrew Schools 
of Greater Boston, Inc. 

Bay State Mutual Fire Insurance Company (1919), 
Brackett Charitable Trust, Incorporated, The, Brookline 
Service Club, Inc. 

Colonial of Salem, The. 

Delta Tau Delta Club of Boston. 

Federal Disability Corporation, Fisher Ames Club of 
Dedham, The, Fraternal Building Association of Everett, 
Incorporated, The. 

Glover Home and Hospital, The. 



224 



Acts, 1933. — Chap. 148. 



Certain 

corporations 

dissolved. 



Haskins, Inc., Hingham Village Improvement Society, 
Incorporated. 

Ladies Benevolent Circle of Clarendon Street Baptist 
Church. 

Mutual Help Association of the People of Monaster: 
The Birthday of Virgin Mary, The. 

New Bedford Female Reform and Relief Association, 
Norwegian Mission Home. 

Omicron Club, Inc. 

Second Baptist Society in Haverhill, Somerville Play- 
grounds Association, Stores Mutual Protective Association 
of Boston, Inc. 

Western Hampshire Farmers' Exchange, Inc., The. 



Pending suits 
not affected, 
etc. 



Suits upon 
choses in 
action, how 
brought, etc. 



Obligation to 
file tax 
returns, etc. 



Effective 
date of act. 



Public Service Corporations. 

Hampshire Electric Company, Humarock Beach Water 
Company. 

Medway and Dedham Street Railway Company, Mill 
River Electric Light Company. 

Ware Electric Company. 

Section 2. Nothing in this act shall be construed to 
affect any suit now pending by or against any corpora- 
tion mentioned herein, or any suit now pending or hereafter 
brought for any liability now existing against the stock- 
holders or officers of any such corporation, or to revive 
any charter previously annulled or any corporation pre- 
viously dissolved, or to make vahd any defective organiza- 
tion 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 a claim by the corporation, had it not been 
dissolved by this act. 

Section 4. Nothing in this act shall be construed to 
relieve the last person who was the treasurer or assistant 
treasurer, or, in their absence or incapacity, who was any 
other principal officer of each of the corporations named in 
this act, from the obligation to make a tax return as of 
April first following the date of dissolution 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 
thirty-first in the current year. 

Approved April 28, 1933. 



Acts, 1933. — Chaps. 149, 150. 



225 



G. L. (Ter. 
Ed.), 13, §40, 
amended. 



Board of 
registration of 
barbers. Meet- 
ings, organi- 
zation, etc. 



An Act relative to the disposition of receipts from (7/^^7^.149 

THE board of registration OF BARBERS. 

Whereas, The deferred operation of this act would tend Emergency 
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. Section forty of chapter thirteen of the Gen- 
eral Laws, as appearing in the Tercentenary Edition thereof, 
is hereby amended by striking out, in the ninth and tenth 
lines, the following ", and the premium therefor shall be 
paid from the funds in the state treasury to the use of the 
board", — so as to read as follows: — Section 40. The 
board shall hold regular meetings at the state house on the 
first Tuesdays of January, May and October in each year, 
and such additional meetings at such times and places as it 
may determine. At the regular meeting in January it shall 
annually organize by the choice of a chairman and a secre- 
tary, who shall be members of the board. Before entering 
upon the discharge of the duties of his office, the secretary 
shall give to the state treasurer a bond, with such sureties 
as shall be approved by the governor and council, con- 
ditioned upon the faithful discharge of his duties. Such 
bond, with the approval of the board and with the oath of 
office endorsed thereon, shall be filed in the office of the 
state secretary. The board shall have a common seal, and 
the members thereof may administer oaths. 

Section 2. Section eighty-seven of chapter one hun- 
dred and twelve of the General Laws, as so appearing, is 
hereby amended by striking out all after the word "treas- 
urer" in the third fine, — so as to read as follows: — Section 
870. Fees referred to in sections eighty-seven F to eighty- 
seven R, inclusive, shall be paid in advance to the secretary 
of the board, who shall pay them monthly to the state 
treasurer. 

Section 3. All receipts from the board of registration of 
barbers heretofore paid into the treasury and held as a 
special fund under said section eighty-seven O are hereby 
transferred to the general fund of the commonwealth. 

Approved April 28, 1933. 



G. L. (Ter. 
Ed.), 112, 
§ 870, 
amended. 

Disposition 
of fees. 



Transfer of 
certain fees 
heretofore 
paid. 



An Act authorizing the licensed operation on the CJiavAbQ 
lord's day of certain amusement enterprises at 
amusement parks and beach resorts. 

Whereas, The deferred operation of this act would tend Emergency 
to defeat its purpose, therefore it is hereby declared to be preamble. 
an emergency law, necessary for the immediate preserva- 
tion of the public convenience. 



226 



Acts, 1933. — Chap. 150. 



G. L. (Ter. 
Ed.), 136, § 2, 
amended. 



Being present 
at or taking 
part in certain 
entertainments 
on Lord's day 
regulated. 



G. L. (Ter. 
Ed.), 136, new 
section after 
§4. 

Licenses to 
keep open 
bowling alleys, 
etc., on the 
Lord's day. 



G. L. (Ter. 
Ed.), 136. § 6, 
etc., amended. 



Be it enacted, etc., as follows: 

Section 1. Section two of chapter one hundred and 
thirty-six of the General Laws, as appearing in the Ter- 
centenary Edition thereof, is hereby amended by inserting 
after the word "to" in the tenth hne the words: — amuse- 
ment enterprises lawfully conducted under section four A 
or to, — so as to read as follows: — Section 2. Whoever on 
the Lord's day is present at a game, sport, play or pubhc 
diversion, except a concert of sacred music, a pubHc enter- 
tainment duly licensed as provided in section four or a free 
open air concert given by a town, or by license of the mayor 
or the selectmen, upon a common or public park, street or 
square, or except a game of golf conducted on an open air 
golf course other than a miniature golf course, so called, 
shall be punished by a fine of not more than five dollars. 
Whoever on the Lord's day takes part in any game, sport, 
play or public diversion, except as aforesaid, shall be pun- 
ished by a fine of not more than fifty dollars. This and the 
following section shall not apply to amusement enterprises 
lawfully conducted under section four A or to sports or 
games conducted in accordance with sections twenty-one 
to twenty-five, inclusive, in any city or town which accepts 
said sections or in accordance with sections twenty-six to 
thirty-two, inclusive, in any city or town in which said 
sections twenty-six to thirty-two are then in force. 

Section 2. Said chapter one hundred and thirty-six is 
hereby amended by inserting after section four, as so 
appearing, the following new section: — Section I^A. The 
mayor of a city or the selectmen of a town, upon written 
application therefor, and upon such terms and conditions 
as they may prescribe, may grant licenses for the mainte- 
nance and operation upon the Lord's day at amusement 
parks or beach resorts, so called, in such city or town, of 
any enterprise hereinafter described, for admission to 
which or for the use of which a payment of money or other 
valuable consideration may or may not be charged, namely: 
— Bowling alleys ; shooting galleries restricted to the firing 
therein of rifles, revolvers or pistols using cartridges not 
larger than twenty-two calibre; photographic galleries or 
studios in which pictures are made and sold; games ap- 
proved by the state department of public safety; and such 
amusement rides, so called, riding devices or other amuse- 
ment devices as may lawfully be operated therein on secular 
days. Any Hcensee hereunder may distribute premiums 
or prizes in connection with any game or device lawfully 
maintained and operated by him under authority hereof. 

Section 3. Section six of said chapter one hundred and 
thirty-six, as most recently amended by chapter ninety-six 
of the acts of nineteen hundred and thirty-two, is hereby 
further amended by adding at the end thereof the following 
new paragraph : — 



Acts, 1933. — Chap. 151. 



227 



Nor shall it prohibit the conduct of any enterprise law- 
fully conducted under section four A. 

Section 4, Section seventeen of said chapter one hun- 
dred and thirty-six, as so appearing, is hereby amended by 
adding at the end thereof the following sentence: — This 
section shall not apply to the discharge of firearms in any 
shooting gallery licensed under section four A, and subject 
to the restrictions therein imposed. 

Approved April 28, 19S3. 



Regulating the 

keeping open 

of certain 

amusement 

places. 

G. L. (Ter. 

Ed.). 136, 

§17, 

amended. 

Discharge of 

firearms on 

Lord's day 

regulated. 



Date for 
payment of 
taxes. Interest. 



An Act increasing the amount of local taxes exempt QJi^j^ \^\ 

FROM penalty INTEREST. 

Be it enacted, etc., as follows: 

Section 1. Section fifty-seven of chapter fifty-nine of g. l. (Ter. 
the General Laws, as appearing in the Tercentenary Edition amended. ' 
thereof, is hereby amended by striking out, in the twelfth 
line, the word "two" and inserting in place thereof the 
word: — three, — so as to read as follows: — Section 67. 
Taxes shall be payable in every city, town and district in 
which the same are assessed, and bills for the same shall be 
sent out, not later than October fifteenth of each year, unless 
by ordinance, by-law or vote of the city, town or district, an 
earlier date of payment is fixed. On all taxes remaining un- 
paid after the expiration of seventeen days from said October 
fifteenth, or after such longer time as may be fixed by any 
city, town or district which fixes an earlier date for payment, 
but not exceeding thirty days from such earlier date, interest 
shall be paid at the following rates computed from the date 
on which the taxes become payable: at the rate of six per 
cent per annum on all taxes and, by way of penalty, at the 
additional rate of two per cent per annum on the amount of 
all taxes in excess of three hundred dollars assessed to any 
taxpayer, in any one city or town, if such taxes remain 
unpaid after the expiration of three months from the date 
on which they became payable, but if, in any case, the tax 
bill is sent out later than the day prescribed, interest shall 
be computed only from the expiration of such seventeen 
days or said longer time. In no case shall interest be added 
to taxes paid prior to the expiration of seventeen days from 
the date when they are payable, nor shall any city or town 
so fix an earlier date of payment and longer time within 
which taxes may be paid without interest as would permit 
the payment of any taxes without interest after November 
first of the year in which they are due. Bills for taxes 
assessed under section seventy-five shall be sent out not 
later than December twenty-sixth, and such taxes shall be 
payable not later than December thirty-first. If they 
remain unpaid after that date, interest shall be paid at the 
rates above specified, computed from December thirty-first 
until the day of payment, but if, in any case, the tax bill is 
sent out later than December twenty-sixth, said taxes shall 
be payable not later than ten days from the day upon 



228 



Acts, 1933. — Chaps. 152, 153. 



Application 
of act. 



which said bill is sent out, and interest shall be computed 
from the fifteenth day following the date when the tax 
becomes due. In all cases where interest is payable it 
shall be added to and become a part of the tax. 

Section 2. This act shall apply only to taxes assessed 
in the current year and thereafter. 

Approved April 28, 1933. 



G. L. (Ter. 
Ed.), 112, §9, 
amended. 



Limited regis- 
tration of 
hospital in- 
ternes, etc. 



Chap. 152 An Act relative to the practice of medicine by 

HOSPITAL INTERNES OR MEDICAL OFFICERS. 

Be it enacted, etc., as follows: 

Chapter one hundred and twelve of the General Laws 
is hereby amended by striking out section nine, as appear- 
ing in the Tercentenary Edition thereof, and inserting in 
place thereof the following: — Section 9. An applicant for 
limited registration under this section who shall furnish the 
board with satisfactory proof that he is twenty-one or over 
and of good moral character, that he has creditably com- 
pleted not less than three and one half years of study in a 
legally chartered medical school having the power to grant 
degrees in medicine, and that he has been appointed an 
interne or medical officer in a hospital or other institution 
maintained by the commonwealth, or by a county or muni- 
cipahty thereof, or in a hospital incorporated under the 
laws of the commonwealth may, upon the payment of five 
dollars, be registered by the board as a hospital medical 
officer for such time as it may prescribe; but such limited 
registration shall entitle the said applicant to practice 
medicine only in the hospital or other institution desig- 
nated on his certificate of limited registration, or outside 
such hospital or other institution for the treatment, under 
the supervision of one of its medical officers who is a duly 
registered physician, of persons accepted by it as patients, 
and in either case under regulations established by such 
hospital or other institution. Limited registration under 
this section may be revoked at any time by the board. 

Approved April 28, 1933. 



Chap. 15S -^^ ^^^ granting to the jewish war veterans of the 

UNITED STATES CERTAIN PRIVILEGES GRANTED TO OTHER 
WAR veterans' ORGANIZATIONS. 

Be it enacted, etc., as follows: 

Section 1. Section sixty of chapter thirty-three of the 
General Laws, as appearing in the Tercentenary Edition 
thereof, is hereby amended by inserting after the word 
"States" in the twenty-eighth line the words: — , and of the 
Jewish War Veterans of the United States, — so as to read 
as follows: — Section 60. No body of men, except the 
volunteer militia, the troops of the United States and the 
Ancient and Honorable Artillery Company of Boston, 



G. L. (Ter. 
Ed.), 33, § 60, 
amended. 



Unauthorized 
drilling with 
firearms, etc., 
forbidden, etc. 



Acts, 1933. — Chap. 153. 229 

except as provided in the following section, shall maintain 
an armory, or associate together at any time as a company 
or organization, for drill or parade with firearms, or so 
drill or parade; nor shall any town raise or appropriate 
money toward arming, equipping, uniforming, supporting 
or providing drill rooms or armories for any such body of 
men; provided, that associations wholly composed of 
soldiers honorably discharged from the service of the United 
States may parade in public with arms, upon the reception 
of any regiment or company of soldiers returning from said 
service, and for escort duty at the burial of deceased soldiers, 
with the written permission of the aldermen of the city or 
selectmen of the town where they desire to parade; that 
students in educational institutions where military science 
is a prescribed part of the course of instruction may, with 
the consent of the governor, drill and parade with firearms 
in public, under the superintendence of their teachers; that 
members of schools for military instruction conducted with 
the approval of the governor, may drill and parade with 
firearms in public, under the supervision of their instructors; 
that foreign troops whosie admission to the United States 
has been consented to by the United States government 
may, with the consent of the governor, drill and parade with 
firearms in public; and any body of men may, with the 
consent of the governor, drill and parade in public with any 
harmless imitation of firearms approved by the adjutant 
general; that regularly organized posts of the Grand Army 
of the Republic, and of The American Legion, and regularly 
organized camps of the United Spanish War Veterans and 
regularly organized posts of the Veterans of Foreign Wars 
of the United States, and of the Jewish War Veterans of 
the United States, and regularly organized detachments of 
the Marine Corps League may drill and parade with fire- 
arms in pubhc, under the supervision of their duly author- 
ized officers; that the Kearsarge Association of Naval 
Veterans, Inc., may at any time parade in public their color 
guards of not more than twelve men armed with firearms, 
that the Society of Colonial Wars in the Commonwealth of 
Massachusetts, the Order of the Founders and Patriots of 
America, the Massachusetts Society of the Sons of the 
American Revolution, the Society of the Sons of the Revolu- 
tion in the Commonwealth of Massachusetts, the Society 
of the War of 1812 in the Commonwealth of Massachu- 
setts, and regularly organized branches of any of said 
societies may at any time parade in pubhc their uniformed 
color guards of ten men with firearms; that regularly 
organized camps of the Sons of Veterans may at any time 
parade in pubhc their color guards of ten men with firearms; 
and that any organization heretofore authorized by law 
may parade with side-arms; and any veteran association 
composed wholly of past members of the militia of the com- 
monwealth may maintain an armory for the use of the 
organizations of the mihtia to which its members belonged ; 



230 



Acts, 1933. — Chap. 153. 



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



Towns may 
appropriate 
money for 
monuments, 
etc. 



G. L. (Ter. 
Ed.), 264, § 5, 
etc., amended. 



provided, that such drill or parade is not in contravention 
of the laws of the United States. 

Section 2. Clause (12) of section five of chapter forty 
of the General Laws, as amended by section three of chapter 
one hundred and fourteen of the acts of nineteen hundred 
and thirty-two, is hereby further amended by striking out, 
in the nineteenth hue, the word "and" and inserting in 
place thereof a comma, — and by inserting after the word 
"States" in the twentieth line the words: — and the Jewish 
War Veterans of the United States, — so as to read as fol- 
lows: — (12) For erecting headstones or other monuments 
at the graves of persons who served in the war of the revolu- 
tion, the war of eighteen hundred and twelve, the Seminole 
war, the Mexican war, the war of the rebellion or the Indian 
wars 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 commemo- 
rating the services and sacrifices of persons who served as 
aforesaid; for the decoration of the graves, monuments or 
other memorials of soldiers, sailors and marines who served 
in the army, navy or marine corps of the United States in 
time of war or insurrection and the proper observance of 
Memorial Day and other patriotic holidays under the aus- 
pices of the local posts of the Grand Army of the RepubHc, 
United Spanish War Veterans, The American Legion, the 
Veterans of Foreign Wars of the United States and the 
Jewish War Veterans 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 and of local chapters of the 
Massachusetts Society of the Sons of the American Revolu- 
tion and of local detachments of the Marine Corps League, 
and of a local camp of the Sons of Union Veterans of the 
Civil War or a local tent of The Daughters of Union Veter- 
ans of the Civil War in the case of a town in which there is 
no post of the Grand Army of the RepubHc; or for keeping 
in repair graves, monuments or other memorials erected to 
the memory of such persons or of its firemen and policemen 
who died from injuries received in the performance of their 
duties in the fire or police service or for decorating the 
graves of such firemen and policemen 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. 

Section 3. Section five of chapter two hundred and 
sixty-four of the General Laws, as amended by chapter two 
hundred and ninety-eight of the acts of nineteen hundred 
and thirty-two, is hereby further amended by inserting 
after the word "States" in the twenty-second line the words; 



Acts, 1933. — Chap. 154. 



231 



— , or to a post or department of the Jewish War Veterans 
of the United States, — so as to read as follows : — Section 5. 
Whoever publicly mutilates, tramples upon, defaces or Penalty for 
treats contemptuously the flag of the United States or of ^c^.*^^^" ^*^' 
Massachusetts, whether such flag is pubhc or private prop- 
erty, or whoever displays such flag or any representation 
thereof upon which are words, figures, advertisements or 
designs, or whoever exposes to pubhc view, manufactures, 
sells, exposes for sale, gives away or has in possession for 
sale or to give away or for use for any purpose, any article 
or substance, being an article of merchandise or a recep- 
tacle of merchandise or articles upon which is attached, 
through a wrapping or otherwise, engraved or printed in 
any manner, a representation of the United States flag, or 
whoever uses any representation of the arms or the great 
seal of the commonwealth for any advertising or commer- 
cial purpose, shall be punished by a fine of not less than ten 
nor more than one hundred dollars or by imprisonment for 
not more than one year, or both; but a flag belonging to an 
organization of veterans of the civil war, to a camp of the 
United Spanish War Veterans, to a post or department of 
The American Legion, or to a post or department of the 
Veterans of Foreign Wars of the United States, or to a post 
or department of the Jewish War Veterans of the United 
States, or belonging to or used in the service of the United 
States or the commonwealth, may have the names of bat- 
tles and the name and number of the organization to which 
such flag belongs inscribed thereon. Words, figures, adver- 
tisements or designs attached to, or directly or indirectly 
connected with, the flag or any representation thereof in 
such manner that the flag or its representation is used to 
attract attention to or advertise such words, figures, adver- 
tisements or designs, shall for the purposes of this section 
be deemed to be upon the flag. For the purposes of this 
section, a flag shall be deemed to continue to belong to any 
organization of veterans hereinbefore specified, although 
such organization has ceased to exist, during such time as it 
remains in the lawful ownership or custody of any other of 
the aforesaid organizations or of the commonwealth or of 
any pohtical subdivision thereof, or of any patriotic or his- 
torical society incorporated under the laws of the common- 
wealth or determined by the adjutant general to be a proper 
custodian thereof. Approved April 28, 1933. 

An Act to protect certain birds not now protected by Qhav 154 

STATUTE. ^' 

Be it enacted, etc., as follows: 

Chapter one hundred and thirty-one of the General Laws g- l- (Ter. 

is hereby amended by striking out section seventy-seven, f 77." ^^^' 

as appearing in the Tercentenary Edition thereof, and in- amended, 

serting in place thereof the following: — Section 77. Who- Penalty for 

ever, except as provided in section eighty-four, eighty-five, birdsf ^^^^ 



232 



Acts, 1933. — Chap. 155. 



eighty-seven or ninety, hunts or has in his possession a wild 
Exceptions. or undomesticated bird except an English sparrow, crow 
blackbird, crow, jay, starling, sharp-shinned hawk, cooper's 
hawk, goshawk or great horned owl, or wilfully destroys, 
disturbs or takes a nest or eggs of any wild or undomesticated 
bird, except such as are not protected by this section, shall 
be punished by a fine of not less than twenty nor more than 
fifty dollars for each bird taken, killed or had in possession 
or for each nest or egg disturbed, destroyed or taken; but 
any person may kill or attempt to kill any wild bird which 
he has reasonable cause to believe has damaged or is about 
to damage any property, including domesticated animals, 
poultry and game on game-rearing farms or preserves or 
on state owned game reservations, and a person who has a 
certificate from the director that he is engaged in the scien- 
tific study of ornithology or is collecting in the interests of 
a scientific institution may at any season take or kill, or 
take the nests or eggs of, a wild or undomesticated bird, 
except woodcock, ruffed grouse and quail. This section 
shall not authorize a person to enter upon private grounds 
without the consent of the owner thereof for the purpose of 
taking nests or eggs or killing birds. It shall be unlawful 
for any city, town or county or any private organization to 
olTer or pay bounties for the killing or taking of any hawk 
or owl. Approved April 28, 1933. 



CJiap.155 



Biennial 
municipal 
elections 
in city of 
Maiden. 



Mayor, alder- 
men, etc., 
terms. 



School 
committee. 



An Act providing for biennial municipal elections in 
the city of malden. 

Be it enacted, etc., as follows: 

Section 1. Beginning with the year nineteen hundred 
and thirty-three, municipal elections in the city of Maiden 
for the choice of mayor, aldermen, common councilmen and 
members of the school committee shall be held biennially 
on the second Tuesday in December in each odd-numbered 
year. 

Section 2. Beginning with the biennial municipal elec- 
tion to be held in the year nineteen hundred and thirty- 
three, the mayor, aldermen and common councilmen of 
said city shall be elected for terms of two years from the 
first Monday in January following their election and until 
their successors are qualified. 

Section 3. At the biennial municipal election to be held 
in the year nineteen hundred and thirty-three and at every 
biennial municipal election thereafter, all members of the 
school committee to be elected shall be elected to serve for 
four years each and until their successors are qualified. 
The members of said committee elected in the year nineteen 
hundred and thirty-one 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-five, and the members of said committee elected 
in the year nineteen hundred and thirty-two shall continue 



Acts, 1933. — Chap. 156. 



233 



to hold office until tfie qualification of their successors who 
shall be elected at the biennial municipal election in the 
year nineteen hundred and thirty-seven. If a vacancy 
occurs in the school committee by failure to elect, or other- 
wise, the city council and the remaining members of the 
school committee shall meet in joint convention and elect a 
suitable person to fill the vacancy until the first Monday in 
January following the next regular municipal election; and, 
if there would be a vacancy on said first Monday, it shall 
be filled at such regular municipal election for the balance 
of the unexpired term. 

Section 4. So much of chapter one hundred and sixty- 
nine of the acts of eighteen hundred and eighty-one, and 
acts in amendment thereof and in addition thereto, as is 
inconsistent with this act, is hereby repealed. 

Section 5. This act shall be submitted for acceptance Acceptance 
to the qualified voters of said city at the annual city election 
in the current year 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 current year, entitled 'An Act providing for biennial 
municipal elections in the city of Maiden' be accepted?" 
If a majority of the votes cast on said question are in the 
affirmative, this act shall thereupon take full effect; other- 
wise it shall be of no effect and the officers elected at said 
election shall respectively hold office for the terms now 
provided by law. Approved April 28, 1933. 



1881, 169, etc., 
in part, 
repealed. 



of act. 



An Act authorizing the metropolitan district com- (JJidj) \^Q 

MISSION TO appoint WILLIAM P. CROWE AS A PERMANENT 
POLICE OFFICER. 

Be it enacted, etc., as follows: 

Section 1. The metropolitan district commission may, 
when a vacancy occurs in its police force or when the per- 
sonnel of said force is increased or a new position is estab- 
lished therein, appoint as a permanent member of said 
pohce force William P. Crowe, who was temporarily in- 
jured in the performance of his duty as a call officer em- 
ployed by said commission under chapter ninety-two of the 
General Laws; provided, that a physician selected by said 
commission certifies to it that he has examined said Crowe 
and finds him physically fit to serve as such police officer. 
If said Crowe is appointed as aforesaid his retirement 
allowance under section seventy of chapter thirty-two of 
the General Laws shall cease. 

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

Approved May 3, 1933. 



234 



Acts, 1933. — Chap. 157. 



Chap. 157 An Act providing that failure of a board of officers 

TO TAKE ACTION UPON A PETITION FOR ABATEMENT OF A 
BETTERMENT ASSESSMENT SHALL, FOR THE PURPOSES OF 
APPEAL, BE EQUIVALENT TO REFUSAL TO ABATE THE 

ASSESSMENT. 

Be it enacted, etc., as follows: 

Section 1. Chapter eighty of the General Laws is 
hereby amended by inserting after section ten, as appearing 
in the Tercentenary Edition thereof, the following new 
section: — Section 10 A. If the board with which a peti- 
tion for the abatement of an assessment has been duly filed 
in accordance with the provisions of section five fails to act 
upon said petition within four months of the date of the 
filing of such petition, the petition shall be deemed to be 
denied, and the petitioner shall have the right within sixty 
days after the expiration of said four months to appeal as if 
the board had in fact denied the said petition; provided, 
that if the assessment has been paid, no appeal shall be 
taken after the expiration of ten months from the time of 
payment. 

Section 2. Section five of said chapter eighty, as so ap- 
pearing, is hereby amended by striking out, in the fourth and 
fifth lines, the words "within sixty days after such filing", 
— so as to read as follows : — Section 5. The owner of any 
real estate upon which betterments have been assessed 
may, within six months after notice of such assessment has 
been sent out by the collector, file with the board a petition 
for an abatement thereof, and the board shall grant such 
abatement as may be necessary to make such assessment 
conform to section one. Such petition may be filed with 
the clerk or secretary of the board, or delivered by mail or 
otherwise at their office. The board shall within ten days 
after their decision upon the petition give written notice 
thereof to the petitioner. If an assessment is abated by the 
board the assessment so determined shall stand as the 
assessment upon the land, and if it has not been paid shall 
be collected in the same manner as the original assessment. 
If the assessment has been paid, the person by whom it was 
paid shall be reimbursed by the body politic on behalf of 
which it was assessed to the amount of the abatement 
allowed, with interest at the rate of six per cent per annum 
from the time of payment. 

Section 3. This act shall apply to petitions for abate- 
ment pending when it takes effect; provided, that the time 
within which any petitioner in such a petition shall have 
the right to take an appeal under this act shall not be less 
than sixty days from the effective date thereof. 

Approved May 2, 1933. 



G. L. (Ter. 
Ed.), 80, new 
section after 
§ 10. 

Appeal upon 
failure of 
board to act 
on petition for 
abatement of 
betterment 
assessment. 



Proviso. 



G. L. (Ter. 
Ed.), 80, § 5, 
amended. 

Petition for 
abatement. 



Application of 
act to pending 
petitions. 
Proviso. 



Acts, 1933. — Chaps. 158, 159. 



235 



1897. 172. 
§ 20, etc., 
amended. 



An Act authorizing the immediate reduction of sal- Chap. 15S 

ARIES OR REMUNERATION ATTACHED TO CERTAIN OFFICES 
IN THE CITY OF WOBURN. 

Be it enacted, etc., as follows: 

Section 1. Section twenty of chapter one hundred and 
seventy-two of the acts of eighteen hundred and ninety- 
seven, as amended by chapter one hundred and eighty-two 
of the Special Acts of nineteen hundred and seventeen, 
is hereby further amended by striking out, in the fifth hne, 
the word "changing" and inserting in place thereof the 
word: — increasing, — so as to read as follows: — Section 
20. The city council shall establish by ordinance the sal- 
aries or remuneration of the offices created by this act, in 
case the same are not fixed herein, and of such other offices 
as may hereafter be created; and no ordinance of the city 
council increasing any such salary or remuneration shall 
receive its final passage by the city council after the last 
day of September, and no such ordinance shall take effect 
until the municipal year succeeding that in which the ordi- 
nance is passed. Every such proposed ordinance shall be 
pubhshed once in full in at least one newspaper of the city, 
and in any additional manner that may be provided by 
ordinance, at least ten days before its final passage. Such 
salaries shall be in full for all services rendered the city by 
the incumbents of the respective offices in the discharge of 
the duties thereof. 

Section 2. This act shall take effect upon its acceptance 
by the city council of said city, with the approval of the 
mayor. Ay-proved May 3, 1933. 



Power of city 
council of the 
city of 
Woburn to 
regulate 
salaries of 
municipal 
officers. 



Acceptance 
of act. 



An Act establishing an appropriation limit for the phnj^ ]^59 
city of boston. ^' 

Be it enacted, etc., as follows: 

Section 1. The city of Boston may, by vote of the city Appropriation 
council, with the approval of the mayor, in the manner ofBolton"*^ 
specified in section three of chapter four hundred and 
eighty-six of the acts of nineteen hundred and nine, make 
appropriations for municipal purposes, other than pur- 
poses heretofore excluded from the statutory tax hmit, for 
the financial year ending December thirty-first, nineteen 
hundred and thirty-three, from moneys raised or to be 
raised by taxation during said year or received or to be 
received or available or to become available during said 
year from any other source than trust funds, loans made 
under authority of any statute in effect prior to January 
first of the current year, or income from the water income 
division of the department of pubhc works, the printing 
department and the City Record, not exceeding the sum of 
thirty-six million seven hundred and fifty thousand dol- 



236 



Acts, 1933. — Chaps. 160, 161. 



Certain ex- 
penditures, 
etc., author- 
ized in antici- 
pation of 
appropriations. 



lars; provided, that said maximum amount of appropria- 
tions may be exceeded for such emergency appropriations 
as may be approved by a board composed of the attorney 
general, the state treasurer and the director of the division 
of accounts, from the proceeds of loans which said city is 
hereby authorized to make for said purpose, outside its 
limit of indebtedness, with the approval of said board. 

Section 2. Expenditures may be made and liabilities 
may be incurred by said city under section six of chapter 
two hundred and sixty-six of the acts of eighteen hundred 
and eighty-five, as amended by section one of chapter three 
hundred and twenty of the acts of eighteen hundred and 
eighty-nine, in anticipation of appropriations therefor in 
the current year, to an amount not exceeding for each de- 
partment one half the entire amount appropriated for the 
department during the preceding year, any provision of said 
section six, as so amended, to the contrary notwithstanding. 

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

Approved May 3, 1933. 



Chart 160 ^^ ^^'^ relative to public bath houses in the town op 

^' MANCHESTER. 

Be it enacted, etc., as follows: 

Section 1. The town of Manchester may accept the 
provisions of section twelve of chapter forty of the General 
Laws, as appearing in the Tercentenary Edition thereof, at 
a special meeting of said town duly called for the purpose 
and held prior to July first of the current year, by a two 
thirds vote at such meeting, and upon such acceptance the 
provisions of said section shall be effective in said town to 
the same extent as if said section had been accepted at an 
annual meeting of the town. 

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

Approved May 5, 1983. 



ChaV.lQl -^^ ^^'^ AUTHORIZING THE USE OF THE SAME BALLOT AT 
CERTAIN SPECIAL STATE ELECTIONS HELD ON THE SAME 



Emergency 
preamble. 



Authorizing 
placing of 
names of 
certain candi- 
dates on ballot 
at special 
state election. 



DAY. 

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

Be it enacted, etc., as follows: 

The names of the candidates, with their proper pohtical 
designations and all other data authorized or required by 
law to be placed on the official ballot for use in any sena- 
torial or representative district wherein a special election is 
ordered to be held for the filhng of a vacancy in either 
branch of the general court on the same date as the special 
state election ordered by the governor and council under 



Acts, 1933. — Chaps. 162, 163. 

chapter one hundred and thirty-two of the acts of the cur- 
rent year, may be placed on the ballot to be used in such 
district at such special state election, any provision of said 
chapter one hundred and thirty-two to the contrary not- 
withstanding. Approved May 5, 1933. 



237 



An Act reducing the per diem compensation of grand Qfidnj \Q2 

AND traverse JURORS. 



Emergency 
preamble. 



Whereas, The deferred operation of this act would pre- 
vent the several counties from saving a substantial amount 
of money, therefore this act is hereby declared to be an 
emergency law, necessary for the immediate preservation 
of the public convenience. 

Be it enacted, etc., as follows: 

Section twenty-five of chapter two hundred and sixty- g. l. (Ter 
two of the General Laws, as appearing in the Tercentenary f 25,' ^^^' 
Edition thereof, is hereby amended by striking out, in the amended 
second line, the word "seven" and inserting in place thereof 
the word: — six, — and by striking out, in the third Hne, 
the word "six" and inserting in place thereof the word: — 
five, — so as to read as follows: — Section 25. The com- 
pensation of traverse jurors impanelled to try cases of 
murder in the first degree shall be six dollars, and that of 
all other traverse jurors and of grand jurors five dollars, for 
each day's service. All jurors shall receive for each day of 
actual attendance five cents a mile for travel out and home. 
If the expense of a juror who attends court, necessarily and 
actually incurred for transportation out and home once in 
each day, exceeds the amount of the said allowance for 
travel, he shall be allowed the amount of such expense in 
lieu of the said travel allowance. If a grand or traverse 
juror is required to be in attendance for five or more con- 
secutive days he shall receive his fees not later than the end 
of every fifth day of such attendance. 

Approved May 5, 1933. 



Jurors' fees, 
etc. 



An Act relative to the bonding of certain officers (7/ia7).163 

AND EMPLOYEES OF CREDIT UNIONS, TO THEIR RESERVES 
AND TO THE MAKING OF LOANS BY THEM. 

Be it enacted, etc., as follows: 

Section 1. Section fifteen of chapter one hundred and g.l. (Xer. 
seventy-one of the General Laws, as appearing in the Ter- g^^g^- ^^^' 
centenary Edition thereof, is hereby amended by striking amended. 
out the last sentence and also by adding at the end thereof 
the following new paragraph : — 

The treasurer and all other officers and employees of a Treasurer, etc., 
credit union having access to the cash or negotiable secu- unfonstogive 
rities in its possession shall each give a bond to the directors bond. 
in such amount and with such surety or sureties and condi- 
tions as the commissioner may prescribe, and shall file with 



238 



Acts, 1933. — Chap. 163. 



G. L. (Ter. 
Ed.). 171. 
§21. 
amended. 



InveBtment 
of funds. 



G. L. (Ter. 
Ed.). 171. § 
amended. 



24, 



him an attested copy thereof, with a certificate of its cus- 
todian that the original is in his possession, and the pro- 
visions of section twenty-four of chapter one hundred and 
sixty-eight relative to bonds of officers of savings banks 
shall apply to bonds given hereunder. The treasurer, and 
any other officers and employees required to give bond, 
may be included in one or more blanket or schedule bonds; 
provided, that such bonds are approved by the commis- 
sioner as to the amounts and conditions thereof and as to 
the sureties thereon. 

Section 2. Section twenty-one of said chapter one 
hundred and seventy-one, as so appearing, is hereby 
amended by inserting after the word "commonwealth" in 
the tenth line the words: — , or, to the extent authorized 
by section three of chapter two hundred and sixteen of the 
acts of nineteen hundred and thirty-two, in the shares of 
Central Credit Union Fund, Inc., — and by inserting after 
the word "provided" in the fifteenth and sixteenth lines 
the following: — , or in the shares of Central Credit Union 
Fund, Inc., provided that such bonds, notes or shares are 
the absolute property and under the control of such credit 
union, — so as to read as follows: — Section 21. The 
capital, deposits and surplus of a credit union shall be 
invested in loans to members, with approval of the credit 
committee, as provided in the following section, and also 
when so required herein, of the board of directors; and any 
capital, deposits or surplus funds in excess of the amount for 
which loans shall be approved by the credit committee and 
the board of directors, may be deposited in savings banks 
or trust companies incorporated under the laws of this 
commonwealth, or in national banks located therein, or 
invested in any bonds or bankers' acceptances which are at 
the time of their purchase legal investments for savings 
banks in this commonwealth, or, to the extent authorized 
by section three of chapter two hundred and sixteen of 
the acts of nineteen hundred and thirty-two, in the shares 
of Central Credit Union Fund, Inc., or in the shares of 
co-operative banks incorporated in this commonwealth. 
At least five per cent of the total assets of a credit union 
shall be carried as cash on hand or as balances due from 
banks and trust companies, or invested in the bonds or 
notes of the United States, or of any state, or subdivision 
thereof, which are legal investments for savings banks as 
above provided, or in the shares of Central Credit Union 
Fund, Inc., provided that such bonds, notes or shares are 
the absolute property and under the control of such credit 
union. Whenever the aforesaid ratio falls below five per 
cent, no further loans shall be made until the ratio as 
herein provided has been re-established. Investments, 
other than personal loans, shall be made only with the 
approval of the board of directors. 

Section 3. Section twenty-four of said chapter one 
hundred and seventy-one, as so appearing, is hereby 



Acts, 1933. — Chap. 164. 



239 



amended by adding at the end of subdivision (A) thereof 
the following new paragraph : — 

The amount of a loan under paragraph 2, 3, 5 or 6 se- 
cured by an unendorsed note of the borrower may, in the 
discretion of the credit committee, exceed by not more than 
one hundred dollars the amount warranted, in their opinion, 
by the value of the collateral offered as security for the loan; 
but the total amount of any such loan shall not exceed the 
amount stated in the paragraph under which the loan is 
made. A-p-proved Maij 5, 1933. 



Loans 
regulated. 



An Act relative to proceedings for the sale or 
taking of property for non-payment of taxes and 
related proceedings. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter sixty of the General 
Laws, as appearing in the Tercentenary Edition thereof, is 
hereby amended by striking out the third paragraph and 
inserting in place thereof the following: — 

"Publication", as applied to any notice, advertisement or 
other instrument, the publication of which is required by 
law, shall mean the act of printing it once in a newspaper 
published in the town, if any, otherwise in the county, 
where the land or other property to which the notice or 
other instrument relates is situated. The pubhcation shall 
be made at least fourteen days prior to the date stated for 
the occurrence of the event to which the pubhcation relates. 

Section 2. Said chapter sixty is hereby further amended 
by striking out section forty-two, as so appearing, and 
inserting in place thereof the following: — Section J^2. The 
collector shall, fourteen days before the sale, post a notice 
similar to that required by section forty in two or more 
convenient and pubhc places. 

Section 3. Said chapter sixty is hereby further amended 
by striking out section fifty-three, as so appearing, and 
inserting in place thereof the following : — Section 53. If 
a tax on land is not paid within fourteen days after demand 
therefor and remains unpaid at the date of taking, the 
collector may take such land for the town, first giving 
fourteen days' notice of his intention to exercise such 
power of taking, which notice may be served in the manner 
required by law for the service of subpoenas on witnesses 
in civil cases or may be published, and shall conform to 
the requirements of section forty. He shall also, fourteen 
days before the taking, post a notice so conforming in two 
or more convenient and pubHc places. 

Approved May 5, 1933. 



Chap. 1^4: 



G. L. (Ter. 
Ed.), 60. § 1, 
amended. 



Term 

"publication' 

defined. 



G. L. (Ter. 
Ed.), 60, §42. 
amended. 
Notice to be 
posted. 



G. L. (Ter. 
Ed.), 60, § 53. 
amended. 
Taking for 

taxes. 



Notice. 



240 



Acts, 1933. — Chap. 165. 



Governor's 
declaration 
making chap- 
ter 164 of the 
acts of the 
current year 
an emergency 
law. 



Executive Department, 

Boston, May 16, 1933. 

Honorable Frederic W. Cook 
Secretary of the Commonwealth 
State House 
Sir: 

I, Joseph B. Ely, by virtue of and in accordance with 
the provisions of the Forty-eighth Amendment to the 
Constitution, "The Referendum II, Emergency Measures", 
do declare that in my opinion the immediate preservation 
of the public peace, health, safety and convenience requires 
that the law passed on the fifth day of May, in the year 
nineteen hundred and thirty-three, entitled, "An Act rela- 
tive to Proceedings for the Sale or Taking of Property for 
Non-Payment of Taxes and Related Proceedings", should 
take effect forthwith, that it is an emergency law, and that 
the facts constituting the emergency are as follows: 

Because its delayed operation will result in serious ex- 
pense and hardship to the citizens and communities whom 
it is intended that this law shall benefit. 

Very truly yours, 

JOSEPH B. ELY. 

Office of the Secretary, Boston, May 17, 1933. 
I hereby certify that the accompanying statement was 
filed in this office by His Excellency the Governor of the 
Commonwealth of Massachusetts at three o'clock, P.M., 
on the above date, and in accordance with Article Forty- 
eight of the Amendments to the Constitution said chapter 
takes effect forthwith, being chapter one hundred and 
sixty-four, acts of nineteen hundred and thirty-three. 

F. W. COOK, 
Secretary of the Commonwealth. 



Chap. 165 An Act enlarging the class of persons entitled to 

APPLY FOR ABATEMENT OF LOCAL TAXES AND TO PURSUE 
OTHER REMEDIES IN RELATION THERETO. 

Be it enacted, etc., as follows: 

Section 1. Section fifty-nine of chapter fifty-nine of 
the General Laws, as appearing in the Tercentenary 
Edition thereof, is hereby amended by adding at the end 
thereof the following : — If a person other than the person 
to whom a tax on real estate is assessed is the owner thereof, 
or has an interest therein, or is in possession thereof, and 
pays the tax, he may thereafter prosecute in his own name 



G. L. (Ter. 
Ed.), 59. § 59, 
amended. 



Abatements. 
Persons en- 
titled to apply 
therefor. 



Acts, 1933. — Chaps. 166, 167. 



241 



any application, appeal or action provided by law for the 
abatement or recovery of such tax, which after the pay- 
ment thereof shall be deemed for the purposes of such 
apphcation, appeal or action, to have been assessed to the 
person so paying the same. 

Section 2. Section sixty-one of said chapter fifty-nine, g^^-^J^^.g^ 
as so appearing, is hereby amended by striking out the last amended, 
sentence and inserting in place thereof the following : — 
A person applying for an abatement of a tax on real estate Conditions of 
may have an abatement although no list of the owner's * ^^^^^^ ■ 
estate was brought in as required by the said notice; pro- 
vided, that in any application for an abatement of such a 
tax the appHcant shall include a sufficient description in 
writing of the particular real estate as to which an abate- 
ment is requested. Approved May 5, 1933. 



Proviso. 



C/iap. 166 



Use of 

armories 

regulated. 



An Act authorizing the use without charge of ar- 
mories FOR drill purposes BY CERTAIN ORGANIZATIONS 
OF WAR VETERANS. 

Be it enacted, etc., as follows: 

Subsection (a) of section forty-eight of chapter thirty- o. l. (Ter. 
three of the General Laws, as most recently amended by fubsec^t^'ci)*^' 
chapter one hundred and sixty-one of the acts of nineteen etc.. amended, 
hundred and thirty-two, is hereby further amended by 
inserting after the word "by" in the ninth line the words: — 
drill teams, — so as to read as follows: — (a) Armories 
provided for the militia shall be used by the militia for the 
military purposes or purposes incidental thereto desig- 
nated by the commander-in-chief. Any armory, when not 
in use for miHtary purposes, may be used, without charge 
and subject only to rules and regulations promulgated by 
the military custodian of such armory and approved by 
the governor and council, for social activities or athletics 
by military units stationed in such armory, or for drill 
purposes by drill teams, bands or drum corps composed of 
members of organizations of war veterans. No non- 
military use of an armory under this section shall be per- 
mitted which interferes with its miHtary use, but such non- 
miUtary use shall not be deemed to interfere with military 
use if all unit commanders affected can conveniently and 
without detriment to the service utilize the armory for the 
usual military purposes at other than the usual time or in 
other than the usual manner. Approved May 5, 1933. 



An Act relative to appeals upon certain matters C hap. 1Q7 

CONCERNING TAXATION. 

Be it enacted, etc., as follows: 

Section 1. Section sixty-five of chapter fifty-nine of the g. l. (Ter. 

General Laws, as most recently amended by section two of ^tci! "amended. 
chapter one hundred and thirty of the acts of the current 



242 



Acts, 1933. — Chap. 167. 



Appeal to 
board of tax 
appeals. 
Proceedings. 



G. L. (Ter. 
Ed.), 62. § 36, 
amended. 



Assessment, 
how deter- 
mined, when 
no return is 
filed, etc. 



G. L. (Ter. 
Ed.), 63, § 71, 
amended. 



Appeals. 
Repayment. 
Abatement of 
uncollectable 
assessments. 



G. L. (Ter. 
Ed.),58A, §6. 
etc., amended. 



year, is hereby further amended by striking out, in the 
sixth hne, the words "of the giving of" and inserting in 
place thereof the words: — after receiving, — so as to read 
as follows : — Section 65. A person aggrieved as aforesaid 
may, instead of pursuing the remedy provided in section 
sixty-four, but subject to the same conditions, appeal to 
the board of tax appeals by filing a petition with such board 
within sixty days after receiving the notice required by 
section sixty-three. Such appeal shall be heard and de- 
termined by said board in the manner provided by chapter 
fifty-eight A. The board may enter such order as justice 
may require in the manner provided in the preceding section 
with respect to complaints removed from the county 
commissioners. 

Section 2. Section thirty-six of chapter sixty-two of 
the General Laws, as appearing in the Tercentenary 
Edition thereof, is hereby amended by inserting after the 
word "after" in the third line the word: — receiving, — so 
as to read as follows: — Section 36. If any person who 
has failed to file a return, or has filed an incorrect or insuffi- 
cient return, and has been notified by the commissioner of 
his delinquency, refuses or neglects within twenty days 
after receiving such notice to file a proper return, or if any 
person files a fraudulent return, the commissioner shall deter- 
mine the income of such person, taxable under this chapter, 
according to his best information and belief, and assess the 
same at not more than double the amount so determined. 

Section 3. Section seventy-one of chapter sixty-three 
of the General Laws, as so appearing, is hereby amended 
by inserting after the word "after" in the fourth line the 
words : — the date of, — so as to read as follows : — >Sec- 
tion 71. Except as otherwise provided, any party ag- 
grieved by any decision of the commissioner upon any 
matter arising under this chapter from which an appeal is 
given, may appeal to the board of tax appeals within 
thirty days after the date of notice of his decision. Any 
overpayment of tax determined by decision of said board 
of tax appeals shall be reimbursed by the commonwealth 
with interest at the rate of six per cent per annum from the 
time of payment. Taxes, excises, costs or expenses of any 
kind assessed upon any corporation, company or associa- 
tion, except a municipal corporation, under the provisions 
of this chapter or corresponding provisions of earlier laws, 
which are unpaid and are uncollectable, may be abated by 
the board of tax appeals on the recommendation of the 
attorney general and commissioner at any time after the 
expiration of five years from the date when the same be- 
came payable. 

Section 4. Chapter fifty-eight A of the General Laws, 
as amended in section six by section ten of chapter one 
hundred and eighty of the acts of nineteen hundred and 
thirty-two, is hereby further amended by striking out said 
section six and inserting in place thereof the following: — 



Acts, 1933. — Chap. 168. 



243 



Section 6. The board shall have jurisdiction to decide 
appeals under the provisions of section forty-two E of 
chapter forty; sections eleven, fourteen and twenty-five 
of chapter fifty-eight; of clauses seventeenth and twenty- 
second of section five of chapter fifty-nine; of sections 
seven, thirty-nine, sixty-four, sixty-five, seventy-three and 
eighty-one of said chapter fifty-nine; of section two of 
chapter sixty A; of section forty-five of chapter sixty-two; 
of sections two, five, eighteen A, twenty-eight, fifty-one, 
sixty and seventy-one of chapter sixty-three; of section 
six of chapter sixty-four; of sections five and ten of chapter 
sixty-four A; of sections twenty-five and twenty-six of 
chapter sixty-five; of section four of chapter sixty-five A; 
and under any other provision of law wherein such jurisdic- 
tion is or may be expressly conferred. Except as other- 
wise provided by law, no appeal to the board shall stay the 
collection of any tax or excise. Whenever the commis- 
sioner of corporations and taxation, in this chapter called 
the commissioner, or a board of assessors, before whom or 
which an application in writing for the abatement of a tax 
is or shall be pending, fails to act upon said apphcation, 
except with the written consent of the apphcant, prior to 
the expiration of four months from the date of filing of such 
apphcation, it shall then be deemed to be denied, and the 
taxpayer shall have the right, at any time within ninety 
days thereafter, to take any appeal from such denial to 
which he may be entitled by law, in the same manner as 
though the commissioner or board of assessors had in fact 
refused to grant the abatement applied for. 

Section 5. The provisions of section four shall apply 
to all apphcations for abatement pending when they take 
effect; provided, that the time within which any taxpayer 
shall have the right to take an appeal thereunder shall not 
be less than ninety days from the effective date thereof. 

Approved May 5, 1933. 



Board of tax 

appeals, 

jurisdiction. 



Certain pro- 
visions of act 
to apply to 
pending 
applications 
for abate- 
ment. 



C/iap.l68 



An Act relative to proceedings by collectors of 

TAXES IN respect TO DEMANDS AND TO FORMS FOR USE 
IN THE COLLECTION OF LOCAL TAXES. 

Be it enacted, etc., as folloivs: 

Section 1. Chapter sixty of the General Laws is hereby g. l. (Ter. 
amended by striking out section sixteen, as appearing in the amende^d.^ ^^' 
Tercentenary Edition thereof, and inserting in place thereof 
the following: — -Section 16. The collector shall, before Proceedings 
selling the land of a resident, or non-resident, or distraining of^taxe^pHor 
the goods of any person, or arresting him for his tax, serve to sale, etc 
on him a statement of the amount thereof with a demand 
for its payment. If two or more parcels of land are assessed 
in the name of a resident, or non-resident, the statement of 
the aggregate amount of the taxes thereon may be made in 
one demand. Such demand may also include taxes due Demand. 



244 



Acts, 1933. — Chap. 168. 



G. L. (Ter. 
Ed.), 60, § 5, 
amended. 
Collectors to 
collect poll 
taxes. 



G. L. (Ter. 
Ed.), 60, 
§ 105, 
amended. 

Forms. 



Demand may 
include state- 
ment of old 
age assistance 
tax. 



on account of tangible personal property and any motor 
vehicle excise tax. If the heirs of a deceased person, co- 
partners or two or more persons are jointly assessed, service 
need be made on only one of them. Such demand for the 
tax upon land may be made upon the person occupying 
the same on April first of the year in which the tax is 
assessed. No demand need be made on a mortgagee, 
unless he has given notice under section thirty-eight, in 
which case no demand need be made on the owner or occu- 
pant. Demand shall be made by the collector by mailing 
the same to the last or usual place of business or abode, or 
to the address best known to him, and failure to receive the 
same shall not invalidate a tax or any proceedings for the 
enforcement or collection of the same. 

Section 2. Said chapter sixty is hereby further amended 
by striking out section five, as so appearing, and inserting 
in place thereof the following : — Section 5. A collector of 
taxes receiving from the assessors a list and warrant under 
the preceding section shall forthwith proceed to collect the 
poll taxes from the persons entered on such list. Poll 
taxes shall be due and payable at the expiration of thirty 
days from the date upon which the notice under section 
three was issued by the collector. At the expiration of 
said thirty days the collector may issue a demand for pay- 
ment or may include a statement of the amount due in a 
demand issued under section sixteen. All laws relating 
to the collection of taxes, to the duties and powers of col- 
lectors, to money collected as taxes, interest, charges and 
fees, to the accounting for and turning over of money so 
collected, and to the crediting thereof to the collector, shall 
apply to the collection of poll taxes from the persons whose 
names appear on such lists. 

Section 3. Said chapter sixty is hereby further amended 
by striking out section one hundred and five, as so appear- 
ing, and the schedule of forms thereto annexed, and insert- 
ing in place thereof the following: — Section 105. Forms 
to be used in proceedings for the collection of taxes under 
this chapter and of all assessments which the collector is 
authorized or required by law to collect shall be as pre- 
scribed by the commissioner. 

Section 4. A collector of taxes may include in a de- 
mand issued under the provisions of said section sixteen a 
statement of any old age assistance tax assessed under 
section one of chapter three hundred and ninety-eight of 
the acts of nineteen hundred and thirty-one or any amend- 
ment thereof. Approved May 5, 1933. 



Acts, 1933. — Chaps. 169, 170, 171. 



245 



An Act relative to transfers of defective delin- Chav.169 

QUENTS AND DRUG ADDICTS FROM ONE INSTITUTION TO 
ANOTHER UNDER THE DEPARTMENT OF CORRECTION. 

Be it enacted, etc., as follows: 

Chapter one hundred and twenty-seven of the General 
I.aws is hereby amended by inserting after section one 
hundred and eleven, as appearing in the Tercentenary 
Edition thereof, the following new section: — Section 111 A. 
He may remove any person committed to a department for 
defective delinquents or for drug addicts established at any . . 
institution under the department of correction under sec- anotheT 
tion one hundred and seventeen of chapter one hundred and 
twenty-three, from such department to a like department 
at any other institution under the department of correction. 

Approved May 5, 1933. 



G. L. (Ter. 
Ed.). 127, new 
section after 
§ 111. 

Removal of 
defective de- 
linquents, etc., 
from one in- 



An Act relative to the authority of state depart- Qlidj) 170 

MENTS, COMMISSIONS OR BOARDS TO PROCURE QUARTERS 
OR OCCUPY PREMISES OUTSIDE THE STATE HOUSE OR OTHER 
BUILDING OWNED BY THE COMMONWEALTH AND TO THE 
EXECUTION OF LEASES THEREFOR. 

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

Be it enacted, etc., as follows: 

Chapter eight of the General Laws is hereby amended by 
striking out section ten A, as appearing in the Tercentenary 
Edition thereof, and inserting in place thereof the follow- 
ing: — Section 10 A. The executive or administrative head 
of any state department, commission or board, after an 
appropriation has been made for the payment of rent for the 
then current fiscal year, may, subject to the approval of the 
superintendent of buildings and of the governor and coun- 
cil, procure quarters or occupy premises outside of the state 
house or other building owned by the commonwealth, and, 
subject to hke approval, may, in the name and behalf of the 
commonwealth, execute a lease or leases of any such quar- 
ters or premises for a term or terms not exceeding five years 
each. Approved May 9, 1933. 



G. L. (Ter. 
Ed.), 8, § lOA, 
amended. 



Leasing by 
state depart- 
ments, etc., of 
premises out- 
side of build- 
ings owned by 
common- 
wealth, 
approval. 



An Act relative to the educational qualifications of (Jhnr) 171 

APPLICANTS for REGISTRATION AS QUALIFIED PHYSICIANS. 

Whereas, The deferred operation of this act would tend Emergency 
to defeat its purpose, therefore it is hereby declared to be preamble. 
an emergency law, necessary for the immediate preserva- 
tion of the pubhc convenience. 



246 



Acts, 1933. — Chap. 172. 



G. L. (Ter. 
Ed.), 112, § 2, 
amended. 



Educational 
requirements 
for registra- 
tion as quali- 
fied physicians. 



Present law 
to apply in 
certain cases. 



Be it enacted, etc., as follows: 

Section 1. Section two of chapter one hundred and 
twelve of the General Laws, as appearing in the Tercen- 
tenary Edition thereof, is hereby amended by striking out 
the second sentence and inserting in place thereof the fol- 
lowing : — Each applicant who shall furnish the board with 
satisfactory proof that he is twenty-one or over and of good 
moral character, that he possesses the educational quali- 
fications required for graduation from a pubHc high school, 
that he has attended four years of instruction of not less 
than thirty-two school weeks in each year in one or more 
legally chartered medical schools and that he has received 
the degree of doctor of medicine, or its equivalent, from a 
legally chartered medical school having the power to confer 
degrees in medicine shall, upon payment of twenty-five 
dollars, be examined, and, if found qualified by the board, 
be registered as a qualified physician and entitled to a 
certificate in testimony thereof, signed by the chairman 
and secretary. 

Section 2. The provisions of said section two as existing 
immediately prior to the effective date of this act shall 
continue to govern as to the eligibility of any applicant for 
registration as a qualified physician, who was on March 
tenth, nineteen hundred and seventeen, a matriculant of 
any legally chartered medical school having power to confer 
degrees in medicine, notwithstanding the passage of this 
act. Approved May 9, 1933. 



Chap. 172 ^^ ^^^ PROVIDING FOR ADDITIONAL STATE AID IN THE 
EXTERMINATION OF STARFISH IN THE WATERS OF BUZ- 
ZARD'S BAY, VINEYARD SOUND, NANTUCKET SOUND AND 
IN CERTAIN OTHER WATERS. 



Emergency 
preamble. 



Extermination 
of starfish in 
Buzzard's Bay, 
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 preservation 
of the public convenience. 

Be it enacted, etc., as follows: 

The division of fisheries and game of the department of 
conservation may expend such sums, not exceeding in the 
aggregate, fifteen thousand dollars, as may hereafter be 
appropriated therefor, in addition to the unexpended bal- 
ance of the amount appropriated by item two hundred and 
eighty-two b of chapter three hundred and seven of the 
acts of nineteen hundred and thirty-two, and subject to the 
same conditions and restrictions as are imposed by chapter 
two hundred and forty-four of the acts of nineteen hundred 
and thirty-two, for the purpose of exterminating starfish in 
the waters of Buzzard's Bay, Vineyard Sound, Nantucket 
Sound or in any other waters wherein such extermination 



Acts, 1933. — Chap. 173. 



247 



may be deemed desirable by said division, in co-operation 
with municipalities whose territory extends into such 
waters. Approved May 9, 1933. 



An Act relative to the board of public welfare of the (jhnj. 1 73 

CITY OF SPRINGFIELD. ^' 



Be it enacted, etc., as follows: 

Section 1. Section eight of chapter ninety-four of the 
acts of eighteen hundred and fifty-two is hereby amended 
by striking out, in the third and fourth fines of the second 
paragraph, the words ", three persons to be overseers of the 
poor", — so that said paragraph will read as follows: — 

The city council shafi, annuafiy, as soon after their organ- 
ization as may be convenient, elect by joint ballot, in con- 
vention, three assessors, a collector of taxes, and a chief 
engineer and as many assistants not exceeding twelve as 
they may by vote determine, and fix their compensations, 
and the compensations of the city clerk, city treasurer, and 
school committee. They shall also, in such manner as they 
shall determine by any by-law, appoint, or elect, all other 
subordinate officers not herein otherwise directed for the 
ensuing year, and define their duties and fix their compensa- 
tions in cases where the same are not defined and fixed by 
the laws of the commonwealth. All sittings of the mayor 
and aldermen, and of the common council, shall be public, 
when they are not engaged in executive business. 

Section 2. Section eleven of said chapter ninety-four 
is hereby amended by striking out the first paragraph. 

Section 3. Chapter one hundred and twenty-six of the 
acts of eighteen hundred and seventy-three is hereby 
amended by striking out section three and inserting in 
place thereof the following: — Section 3. There shall be a 
board of public welfare consisting of five citizens of the city 
of Springfield, one of whom shall annually, within sixty 
days after the organization of the city council, be appointed 
by the mayor, with the approval of the city council by con- 
current vote, for five years from the first day of April next 
following. Not more than three members of said board 
shall be members of the same political party. No person 
shall be appointed a member of said board unless he shall 
have been a resident of said city for at least three years 
next prior to his appointment, and no member of the city 
council or person who holds any political office for which he 
receives compensation shall be a member of said board. 
The mayor may, with the approval of the city council by 
concurrent vote, remove for cause any member of said 
board. Vacancies by reason of resignation, removal from 
the city, removal from office, membership in the city council 
or holding of political office for which compensation is re- 
ceived shall be filled for the unexpired term by the mayor, 
with the approval of the city council by concurrent vote. 



1852, 94, § 8. 
amended. 



Election of 
certain muni- 
cipal officers 
in the city of 
Springfield. 



1852, 94, § 11, 
amended. 

1873, 126, § 3, 
amended. 



Board of 
public welfare, 
appointment, 
term, re- 
moval. 



248 



Acts, 1933. — Chap. 174. 



1878, 97, 
repealed. 

Present board 
to continue in 
office. 



Said board shall have all the rights and powers and per- 
form all the duties conferred and imposed upon it by law or 
ordinance. Said board may make rules for the government 
of its procedure, and shall choose one of its members to be 
chairman for such term as it may prescribe. 

Section 4. Chapter ninety-seven of the acts of eighteen 
hundred and seventy-eight is hereby repealed. 

Section 5. The present members of the board of public 
welfare of the city of Springfield shall continue to hold 
office until the expiration of their respective terms of 
office, and the mayor shall, within two months from the 
effective date of this act, with the approval of the city 
council by concurrent vote, appoint the two additional 
members of said board provided for under section three of 
this act, qualified as provided therein, one of whom shall 
be appointed for four years and one for five years, from 
April first in the current year. 

Section 6. This act shall take effect upon its passage. 

Approved May 9, 1933. 



Chap.174: 



Appropriations 
for main- 
tenance of 
state depart- 
ments, etc., 
for interest, 
sinking fund 
and bond re- 
quirements, 
and for certain 
improvements. 



An Act making appropriations for the maintenance of 
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 folloivs: 

Section 1. To provide for the maintenance of the sev- 
eral departments, boards, commissions and institutions, of 
sundry other services, and for certain permanent improve- 
ments, and to meet certain requirements of law, the sums 
set forth in section two as reduced under authority of sec- 
tion three hereof, for the several purposes and subject to 
the conditions specified in said section two, are hereby 
appropriated from the general fund or revenue of the com- 
monwealth, unless some other source of revenue is expressed, 
subject to the provisions of law regulating the disbursement 
of public funds and the approval thereof, for the fiscal year 
ending November thirtieth, nineteen hundred and thirty- 
three, or for such other period as may be specified. 

Section 2. 



Item 
1 



Service of the Legislative Department. 

For the compensation of senators, a sum not exceed- 
ing seventy-three thousand eight hundred dollars $73,800 00 

For the compensation for travel of senators, a sum 

not exceeding fifty-eight hundred dollars . . 5,800 00 

For the compensation of representatives, a sum not 
exceeding four hundred thirty-three thousand 
eight hundred dollars . . . . . 433,800 00 

For the compensation for travel of representatives, 
a sum not exceeding thirty-six thousand three 
hundred dollars 36,300 00 

For the salaries of the clerk of the senate and the 
clerk of the house of representatives, a sum not 
exceeding ninety-six hundred dollars . . . 9,600 00 



Acts, 1933. — Chap. 174. 249 

Item 

6 For the salaries of the assistant clerk of the senate 

and the assistant clerk of the house of represen- 
tatives, a sum not exceeding sixty-seven hundred 
and twenty dollars . . . ■ , • $6,720 00 

7 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 pubhc business, a sum not exceeding 
thirty-eight hundred and forty dollars . . 3,840 00 

8 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 fourteen hundred and 
forty dollars 1,440 00 

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

exceeding thirty-eight hundred and forty dollars . 3,840 00 

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

a sum not exceeding five thousand and ninety-six 

dollars 5,096 00 

11 For the compensation for travel of doorkeepers, 

assistant doorkeepers, general court officers, pages 
and other employees of the sergeant-at-arms, 
authorized by law to receive the same, a sum not 
exceeding sixty-five hundred and ninety-four 
dollars 6,594 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-six hundred and eighty dollars 7,680 00 

13 For the salaries of assistant doorkeepers to the sen- 

ate and house of representatives and of general 
court officers, with the approval of the sergeant- 
at-arms, a sum not exceeding forty-eight thousand 
five hundred and seventy-six dollars . . . 48,576 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- 
seven hundred and thirty-six dollars . 8,736 00 

15 For the salaries of clerks employed in the legislative 

document room, a sum not exceeding fifty-four 

hundred and seventy-two dollars . . . 5,472 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 and twenty-four dollars 3,024 00 

17 For the salaries of the chaplains of the senate and 

house of representatives, a sum not exceeding 

fourteen hundred and forty dollars . 1,440 00 

18 For personal services of the counsel to the senate and 

assistants, a sum not exceeding fifteen thousand 

and forty-eight dollars 15,048 00 

19 For personal services of the counsel to the house of 

representatives and assistants, a sum not exceed- 
ing fifteen thousand one hundred and ninety-two 
dollars 15,192 00 

20 For clerical and other assistance of the senate com- 

mittee on rules, a sum not exceeding thirty-eight 

hundred and forty dollars .... 3,840 00 

21 For clerical and other assistance of the house com- 

mittee on rules, a sum not exceeding thirty-eight 

hundred and forty dollars .... 3,840 00 

22 For traveling and such other expenses of the com- 

mittees of the present general court as may be 
authorized by order of either branch of the general 
court, a sum not exceeding four thousand dollars 4,000 00 



250 Acts, 1933. — Chap. 174. 

Item 

23 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 .... $100 00 

24 For printing, binding and paper ordered by the sen- 

ate and house of representatives, or by concurrent 
order of the two branches, with the approval of 
the clerks of the respective branches, a sum not 
exceeding fifty thousand dollars 50,000 00 

25 For printing the manual of the general court, with 

the approval of the clerks of the two branches, a 

sum not exceeding five thousand dollars . 5,000 00 

26 For expenses in connection with the publication of 

the bulletin of committee hearings and of the 
daily Ust, and for the expense of printing a cumu- 
lative index to the acts and resolves of the current 
year, with the approval of the joint committee on 
rules, a sum not exceeding fifteen thousand six 
hundred dollars 15,600 00 

27 For stationery for the senate, purchased by and with 

the approval of the clerk, a sum not exceeding five 

hundred dollars . . . . . 500 00 

28 For office and other expenses of the committee on 

rules on the part of the senate, a sum not exceed- 
ing three hundred dollars .... 300 00 

29 For office expenses of the counsel to the senate, a 

sum not exceeding five hundred dollars . 500 00 

30 For stationery for the house of representatives, pur- 

chased by and with the approval of the clerk, a 

sum not exceeding eight hundred dollars . 800 00 

31 For office and other expenses of the committee on 

rules on the part of the house, a sum not exceeding 

two hundred dollars 200 00 

32 For office expenses of the counsel to the house of rep- 

resentatives, a sum not exceeding five hundred 

dollars 500 00 

33 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 eight hundred dollars . 14,800 00 

34 For the purchase of outline sketches of members of 

the senate and house of representatives, a sum not 

exceeding sixteen hundred dollars . . . 1,600 00 

34a For reprinting the latest edition of the state house 
guide book, a sum not exceeding five hundred 
dollars 500 00 

34b For the payment of witness fees to persons sum- 
moned to appear before committees of the general 
court, and for expenses incidental to summoning 
them, with the approval of the sergeant-at-arms, 
a sum not exceeding two hundred dollars . . 200 00 

34c For expenses of the revision and rearrangement of 
the general statutes of the commonwealth, as 
authorized by chapter fifty-eight of the resolves 
of nineteen hundred and thirty and by chapters 
sixty-seven and sixty-eight of the resolves of 
nineteen hundred and thirty-one, including prep- 
aration of the index, a sum not exceeding nine 
thousand dollars, the same to be in addition to 
any amount heretofore appropriated for the 
purpose 9,000 00 

Total $803,278 00 



Acts, 1933. — Chap. 174. 251 

Service of the Judicial Department. 
Item 

Supreme Judicial Court, as follows: 

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

associate justices, a sum not exceeding ninety- 
three thousand seven hundred and twenty dollars $93,720 00 

36 For traveling allowance and expenses, a sum not 

exceeding forty-five hundred dollars . . 4,500 00 

37 For the salary of the clerk for the commonwealth, a 

sum not exceeding sixty-one hundred and fifty- 
four dollars ....... 6,154 00 

38 For clerical assistance to the clerk, a sum not exceed- 

ing seventeen hundred and twenty-eight dollars . 1,728 00 

39 For law clerks, stenographers and other clerical 

assistance for the justices, a sum not exceeding 
twenty-three thousand and forty dollars . . 23,040 00 

40 For office suppUes, services and equipment of the 

supreme judicial court, a sum not exceeding forty- 
five hundred dollars 4,500 00 

41 For the salaries of the officers and messengers, a sum 

not exceeding twenty-nine hundred and twenty 

dollars 2,920 00 

42 For the commonwealth's part of the salary of the 

clerk for the county of Suffolk, a sum not exceed- 
ing fourteen hundred and forty dollars . 1,440 00 

Reporter of Decisions: 

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

exceeding fifty-six hundred and eighty dollars . 5,680 00 

44 For clerk hire and office supplies, services and equip- 

ment, a sum not exceeding ninety-eight hundred 

and twenty dollars 9,820 00 

Pensions: 

45 For the pensions of retired court officers, a sum not 

exceeding two hundred dollars .... 200 00 



Total $153,702 00 

Superior Court, as follows: 

46 Foi; the salaries of the chief justice and of the thirty- 

one associate justices, a sum not exceeding three 
hundred sixty-four thousand four hundred and 
sixty-seven dollars $364,467 00 

47 For traveling allowance and expenses, a sum not 

exceeding nineteen thousand five hundred dollars 19,500 00 

48 For the salary of the assistant clerk, Suffolk county, 

a sum not exceeding nine hundred and sixty dollars 960 00 

49 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 three hundred and 
twenty dollars 10,320 00 

50 For pensions of retired justices, a sum not exceeding 

twelve thousand dollars 12,000 00 



Total $407,247 00 

Justices of District Courts: 

51 For compensation of justices of district courts while 

sitting in the superior court, a sum not exceeding 
twenty-four thousand one hundred and ninety- 
two dollars . . . . . . $24,192 00 

52 For expenses of justices of district courts while sit- 

ting in the superior court, a sum not exceeding 

thirty-two hundred and forty dollars . . 3,240 00 



252 Acts, 1933. — Chap. 174. 

Item 

53 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 sixty-five hundred dollars . . . $6,500 00 

Total $33,932 00 

Judicial Council: 

54 For expenses of the judicial council, as authorized by 

section thirty-four C of chapter two hundred and 
twenty-one of the General Laws, as appearing in 
the Tercentenary Edition thereof, a sum not 
exceeding fifteen hundred dollars . . $1,500 00 

55 For compensation of the secretary of the judicial 

council, as authorized by said section thirty-four 
C of said chapter two hundred and twenty-one, 
a sum not exceeding thirty-three hundred and 
sixty dollars ....... 3,360 00 

Total $4,860 00 

Administrative Committee of District Courts: 

56 For compensation and expenses of the administra- 

tive committee of district courts, a sum not ex- 
ceeding seventeen hundred and sixty dollars . $1,760 00 

Probate and Insolvency Courts, as follows: 

57 For the salaries of judges of probate of the several 

counties, a sum not exceeding one hundred five 

thousand nine hundred and forty-seven dollars . $105,947 00 

58 For pensions of retired judges, a sum not exceeding 

sixty-thi'ee hundred and seventy-five dollars . 6,375 00 

59 For the compensation of judges of probate when 

acting outside their own counties for other judges 
of probate, a sum not exceeding thirteen thou- 
sand four hundred and forty dollars . . . 13,440 00 

60 For expenses of judges of probate when acting out- 

side their own counties for other judges of pro- 
bate, as authorized by section forty of chapter 
two hundred and seventeen of the General Laws, 
as appearing in the Tercentenary Edition thereof, 
a sum not exceeding nine hundred dollars . . 900 00 

61 For the salaries of registers of the several counties, a 

sum not exceeding sixty thousand four hundred 

and forty-three dollars 60,443 00 

62 For the salaries of assistant registers, a sum not ex- 

ceeding sixty-nine thousand seven hundred and 

ninety dollars 69,790 00 

Total $256,895 00 

Administrative Committee of Probate Courts : 

63 For expenses of the administrative committee of 

probate courts, a sum not exceeding five hundred 

dollars $500 00 

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

64 Barnstable, a sum not exceeding twenty-one hun- 

dred and sixteen dollars . . . . . $2,116 00 

65 Berkshire, a sum not exceeding forty-one hundred 

and eighty dollars 4.180 00 

66 Bristol, a sum not exceeding thirteen thousand nine 

hundred dollars 13,900 00 

67 Dukes county, a sum not exceeding six hundred 

dollars 600 00 



Acts, 1933. — Chap. 174. 253 

Item 

68 Essex, a sum not exceeding fifteen thousand eight 

hundred and twenty dollars .... $15,820 00 

69 Franklin, a sum not exceeding ten hundred and 

forty dollars 1,040 00 

70 Hampden, a sum not exceeding ninety-six hundred 

and twenty dollars 9,620 00 

71 Hampshire, a sum not exceeding sixteen hundred 

and forty dollars 1,640 00 

72 Middlesex, a sum not exceeding forty-four thousand 

seven hundred and twenty dollars . . . 44,720 00 

73 Norfolk, a sum not exceeding eleven thousand six 

hundred and fifteen dollars . . . 11,615 00 

74 Plymouth, a sum not exceeding forty-three hundred 

and thirty-four dollars 4,334 00 

75 Suffolk, a sum not exceeding fifty-nine thousand 

two hundred and forty dollars .... 59,240 00 

76 Worcester, a sum not exceeding fourteen thousand 

three hundred and twenty dollars . . . 14,320 00 



Total $183,145 00 

District Attorneys, as follows : 

77 For the salaries of the district attorney and assist- 

ants for the Suffolk district, a sum not exceeding 
fiftv-seven thousand three hundred and seven 
dollars $57,307 00 

78 For the salaries of the district attorney and assist- 

ants for the northern district, a sum not exceed- 
ing twenty-two thousand nine hundred and forty- 
seven dollars 22,947 00 

79 For the salaries of the district attorney and assist- 

ants for the eastern district, a sum not exceeding 
fourteen thousand three hundred and twenty 
dollars 14,320 00 

80 For the salaries of the district attorney, deputy dis- 

trict attorney and assistants for the southeastern 
district, a sum not exceeding fourteen thousand 
eight hundred and ninety-six dollars . . . 14,896 00 

81 For the salaries of the district attorney and assist- 

ants for the southern district, a sum not exceeding 

ninety-nine hundred and eighty-four dollars 9,984 00 

82 For the salaries of the district attorney and assist- 

ants for the middle district, a sum not exceeding 
fourteen thousand three hundred and twenty 
dollars 14,320 00 

83 For the salaries of the district attorney and assist- 

ants for the western district, a sum not exceeding 

eight thousand and sixty-four dollars . . 8,064 00 

84 For the salary of the district attorney for the north- 

western district, a sum not exceeding twenty- 
eight hundred and eighty dollars . . . 2,880 00 

85 For traveling expenses necessarily incurred by the 

district attorneys, except in the Suffolk district, 
for the present and previous years, a sum not ex- 
ceeding nine thousand dollars .... 9,000 00 



Total $153,718 00 

Service of the Land Court. 

86 For the salaries of the judge, associate judges, the 

recorder and court officer, a sum not exceeding 
forty thousand nine hundred and fifty-four 
dollars $40,954 00 

87 For engineering, clerical and other personal serv- 

ices, a sum not exceeding thirty-seven thousand 

nine hundred and forty dollars .... 37,940 00 



254 Acts, 1933. — Chap. 174. 

Item 

88 For personal services in the examination of titles, 

for publishing and serving citations and other 
services, traveling expenses, supplies and office 
equipment, and for the preparation of sectional 
plans showing registered land, a sum not exceed- 
ing sixteen thousand dollars .... $16,000 00 

Total . $94,894 00 

Service of the Board of Probation. 

89 For personal services of the commissioner, clerks and 

stenographers, a sum not exceeding fifty thousand 

one hundred and thirty dollars . . $50,130 00 

90 For services other than personal, including printing 

the annual report, travehng expenses, rent, office 
supplies and equipment, a sum not exceeding 
eleven thousand four hundred dollars . . 11,400 00 

Total $61,530 00 

Service of the Board of Bar Examiners. 

91 For personal services of the members of the board, a 

sum not exceeding ten thousand five hundred and 

sixty dollars $10,560 00 

92 For other services, including printing the annual 

report, travehng expenses, office supplies and 
equipment, a sum not exceeding eighty-eight 
hundred and sixty dollars .... 8,860 00 



Total $19,420 00 

Service of the Executive Department. 

93 For the salary of the governor, a sum not exceeding 

ninety-four hundred and sixty-seven dollars . $9,467 00 

94 For the salary of the lieutenant governor, a sum not 

exceeding thirty-eight hundred and forty dollars . 3,840 00 

95 For the salaries of the eight councillors, a sum not 

exceeding seventy-six hundred and eighty dollars . 7,680 00 

96 For the salaries of officers and employees of the 

department, a sum not exceeding thirty-four 

thousand one hundred dollars .... 34,100 00 

97 For certain personal services for the lieutenant gov- 

ernor and council, a sum not exceeding twenty- 
two hundred and five dollars .... 2,205 00 

98 For travel and expenses of the Ueutenant gov- 

ernor and council from and to their homes, a sum 

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

99 For postage, printing, office and other contingent 

expenses, including travel of the governor, a sum 

not exceeding fifteen thousand dollars . . 15,000 00 

100 For postage, printing, stationery, traveling and 

contingent expenses of the governor and council, 

a sum not exceeding twenty-five hundred dollars 2,500 00 

101 For expenses incurred in the arrest of fugitives from 

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

102 For payment of extraordinary expenses and for 

transfers made to cover deficiencies, with the 
approval of the governor and council, a sum not 
exceeding one hundred thousand dollars . . 100,000 00 

103 For the purchase of an automobile for the governor, 

a sum not exceeding thi-ee thousand dollars . 3,000 00 

104 For certain maintenance ex-penses of the governor's 

automobile, a sum not exceeding two thousand 

dollars 2,000 00 



Total $181,792 00 



Acts, 1933. — Chap. 174. 255 

Service of the Adjutant General. 

Item 

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

exceeding thirty-nine hundred and thirty-six 

dollars .-.•.• $3,936 00 

106 For personal services of office assistants, including 

services for the preparation of records of Massa- 
chusetts soldiers and sailors, a sum not exceeding 
thirty-two thousand two hundred and forty dol- 
lars 32,240 00 

107 For services other than personal, printing the annual 

report, and for necessary office supplies and ex- 
penses, a sum not exceeding fifty-five hundred 
dollars 5,500 00 

108 For expenses of the national guard convention and 

for expenses not otherwise provided for in con- 
nection with mihtary matters and accounts, a 
sum not exceeding eight thousand dollars . . _ 8,000 00 

Total $49,676 00 

Service of the Militia. 

109 For allowances to companies and other administra- 

tive units, a sum not exceeding one hundred fifty- 
six thousand dollars . . . . $156,000 00 

110 For certain allowances for national guard officers, as 

authorized by paragraph (d) of section one hun- 
dred and forty-five of chapter thirty-three of the 
General Laws, as appearing in the Tercentenary 
Edition thereof, a sum not exceeding twenty-fovu" 
thousand dollars 24,000 00 

111 For pay and transportation of certain boards, a sum 

not exceeding two thousand dollars . . . 2,000 00 

112 For pay and expenses of certain camps of instruc- 

tion, a sum not exceeding four thousand dollars . 4,000 00 

113 For pay and transportation in making inspections 

and surveys, and for escort duty, a sum not ex- 
ceeding four thousand dollars .... 4,000 00 

114 For transportation of officers and non-commis- 

sioned officers for attendance at military meet- 
ings, a sum not exceeding four thousand dollars . 4,000 00 

115 For transportation to and from regimental and bat- 

talion drills, a sum not exceeding fifteen hundred 

dollars . . . . . . . . 1,500 00 

116 For transportation when appearing for examination, 

a sum not exceeding two hundred dollars . . 200 00 

117 For expenses of rifle practice, a sum not exceeding 

eleven thousand dollars ..... 11,000 00 

118 For compensation, transportation and expenses in 

the preparation for camp duty maneuvers, a sum 

not exceeding twenty-five thousand dollars 25,000 00 

119 (This item consolidated with Item 139.) 

120 For compensation for special and miscellaneous 

duty, a sum not exceeding eleven thousand seven 

hundred and fifty dollars .... 11,750 00 

121 For compensation for accidents and injuries sus- 

tained in the performance of military duty, a sum 

not exceeding seven thousand dollars . . 7,000 00 

122 To cover certain small claims for damages to private 

property arising from military maneuvers, a sum 

not exceeding six hundred dollars . . . 600 00 

123 For expenses of maintaining an aero squadron, a 

sum not exceeding four thousand dollars . . 4,000 00 

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

ceeding fifteen hundred dollars . . . . 1,500 00 



256 Acts, 1933. — Chap. 174. 

Item 

125 For instruction in military authority, organization 

and administration, and in the elements of mili- 
tary art, a sum not exceeding eleven thousand 
dollars . . . . . •.-..■ $11,000 00 

126 For expenses of operation of the twenty-sixth divi- 

sion, a sum not exceeding forty-five hundred dol- 
lars 4,500 00 

127 For clerical and other expenses for the office of the 

property and disbursing officer, a sum not exceed- 
ing ten thousand two hundred and sixty dollars . 10,260 00 



Total $282,310 00 

Service of Special Military Expenses. 

128 For the expense of furnishing certificates of honor 

for service on the Mexican border, as authorized 

by law, a sum not exceeding twenty-five dollars . $25 00 

129 For expense of testimonials to soldiers and sailors of 

the world war, to be expended under the direction 
of the adjutant general, a sum not exceeding five 
hundred dollars 500 00 



Total $525 00 

Service of the State Quartermaster. 

130 For personal services of the state quartermaster, 

superintendent of armories, superintendent of 
arsenal and certain other employees of the state 
quartermaster, a sum not exceeding twenty- three 
thousand six hundred dollars .... $23,600 00 

131 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 enhsted 
men of the militia for compensation and allow- 
ances, a sum not exceeding eleven hundred and 
sixty dollars . . . . . . 1,160 00 

132 For the salaries of armorers and assistant armorers 

of first class armories, and superintendent of 
armories, a sum not exceeding one hundred thirty- 
six thousand one hundred and seventy-four dol- 
lars 136,174 00 

133 For certain incidental mihtary expenses of the 

quartermaster's department, a sum not exceeding 

seven hundred dollars ..... 700 00 

134 For office and general supplies and equipment, a 

sum not exceeding ninety-eight hundred dollars . 9,800 00 

135 For the care and maintenance of the camp ground 

and buildings at Framingham, a sum not exceed- 
ing nine hundred dollars ..... 900 00 

136 For the maintenance of armories of the first class, 

including the purchase of certain furniture, a sum 
not exceeding one hundred forty-four thousand 
eight hundred dollars 144,800 00 

137 For reimbursement for rent and maintenance of 

armories of the second and third classes, a sum not 

exceeding sixty- three hundred dollars . 6,300 00 

138 For allowances for a mechanic for each battery of 

field artillery, a sum not exceeding seventeen 

thousand six hundred dollars . . . 17,600 00 

139 For maintenance of horses, for rental of stables, in- 

cluding water and certain other incidental services 
for the housing of horses and mules, and for main- 
taining, operating and repairing certain trucks, a 
sum not exceeding thirty-nine thousand five hun- 
dred dollars; provided, that the sum appropri- 



Acts, 1933. — Chap. 174. 257 



ated by this item is hereby made available for 
such expenditures, including the purchase of land 
and buildings, as may be necessary for housing, 
repairing and maintaining any federal property 
that may be assigned by the war department of 
the United States $39,500 00 

140 (This item consolidated with Item 139.) 

141 For expense of maintaining and operating the Camp 

Curtis Guild rifle range, a sum not exceeding 
twenty thousand eight hundred and twenty-seven 
dollars 20,827 00 



Total $401,361 00 

Service of the Stale Surgeon. 

142 For personal services of the state surgeon, and regu- 

lar assistants, a sum not exceeding sixty-eight hun- 
dred dollars $6,800 00 

143 For services other than personal, and for necessary 

medical and office supplies and equipment, a sum 

not exceeding twenty-five hundred dollars . 2,500 00 

144 For the examination of recruits, a sum not exceeding 

ninety-five hundred dollars .... 9,500 00 



Total $18,800 00 

Service of the State Judge Advocate. 

145 For compensation of the state judge advocate, as 

provided by law, a sum not exceeding fourteen 

hundred and forty dollars .... $1,440 00 

Service of the Commission on Administration and Finance. 

146 For personal services of the commissioners, a sum 

not exceeding twenty-five thousand and eighty- 
seven dollars $25,087 00 

147 For personal services of assistants and employees, a 

sum not exceeding one hundred seventy thousand 

four hundred and ninety dollars . 170,490 00 

148 For other expenses incidental to the duties of the 

commission, a sum not exceeding eighteen thou- 
sand dollars 18,000 00 



Total $213,577 00 

Purchase of paper: 

149 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 
thirty-eight thousand dollars .... $38,000 00 

Service of the Armory Commissioners. 

150 For compensation of members, a sum not exceeding 

two thousand two hundred and eight dollars . $2,208 00 

151 For office, incidental, and traveling expenses, a sum 

not exceeding one hundred dollars . . . 100 00 



Total $2,308 00 

Service of the Commissioner of Slate Aid and Pensions. 

152 For personal services of the commissioner and depu- 

ties, a sum not exceeding ten thousand six hun- 
dred and eighty dollars $10,680 00 

153 For personal services of agents, clerks, stenograph- 

ers and other assistants, a sum not exceeding 
twenty-seven thousand one hundred and fifty- 
two dollars 27,152 00 



258 Acts, 1933. — Chap. 174. 

Item 

154 For services other than personal, including printing 

the annual report, traveUng expenses of the com- 
missioner and his employees, and necessary office 
supplies and equipment, a sum not exceeding 
forty-seven hundred and sixty dollars . . $4,760 00 

Total $42,592 00 

For Expenses on Account of Wars. 

155 For reimbursing cities and towns for money paid on 

account of state and military aid to Massachu- 
setts soldiers and their families, the sum of four 
hundred eighteen thousand dollars, the same to 
be paid on or before the fifteenth day of Novem- 
ber in the current year, in accordance with the 
provisions of existing laws relative to state and 
military aid $418,000 00 

156 For certain care of veterans of the civil war and 

their wives and widows, as authorized by section 
twenty-five of chapter one hundred and fifteen of 
the General Laws, as appearing in the Tercen- 
tenary Edition thereof, a sum not exceeding 
fifty thousand dollars 50,000 00 

157 For expenses of printing certain volumes of records 

of Massachusetts soldiers in the civil war, a sum 
not exceeding six thousand dollars, the same to be 
in addition to any unexpended balance of an ap- 
propriation made for the purpose in the previous 
year 6,000 00 

Total $474,000 00 

Service of the Massachusetts Soldiers' Home. 

158 For the maintenance of the Soldiers' Home in 

Massachusetts, with the approval of the trustees 
thereof, a sum not exceeding one hundred ninety- 
three thousand two hundred and forty dollars, 
the same to be in addition to certain receipts from 
the United States government. Payments from 
the state treasury under this item shall be made 
only upon vouchers filed with the comptroller in 
accordance with the procedure prescribed under 
section eighteen of chapter twenty-nine of the 
General Laws, as appearing in the Tercentenary 
Edition thereof $193,240 00 

Service of the Art Commission. 

159 For expenses of the commission, a sum not exceed- 

ing two hundred dollars ..... $200 00 

Service of the Commissioners on Uniform State Laws. 

160 For expenses of the commissioners, a sum not ex- 

ceeding six hundred dollars .... $600 00 

Service of the Alcoholic Beverages Control Commission. 
160a For the administrative expenses of the alcoholic 
beverages control commission, including salaries 
of the commissioners and their employees, and for 
all contingent expenses required for the admin- 
istration of chapter one hundred and twenty of the 
acts of the current year, including rent of offices, 
travel, and office and incidental expenses, a sum 
not exceeding twenty-five thousand dollars, 
which shall be payable from fees collected under 
said chapter one hundred and twenty . . $25,000 00 



Acts, 1933. — Chap. 174. 259 

Service of the State Library. 
Item 

161 For personal services of the librarian, a sum not 

exceeding fifty-five hundred dollars . . $5,500 00 

162 For personal services of the regular library assist- 

ants, temporary clerical assistance, and for serv- 
ices for cataloguing, a sum not exceeding thirty- 
eight thousand four hundred dollars . . . 38,400 00 

163 For services other than personal, including printing 

the annual report, oflSce supplies and equipment, 
and incidental traveUng expenses, a sum not 
exceeding fifteen hundred dollars . . 1,500 00 

164 For books and other pubUcations and things needed 

for the library, and the necessary binding and re- 
binding incidental thereto, a sum not exceeding 
nine thousand dollars 9,000 00 



Total $54,400 00 

Service of the Superintendent of Buildings. 

165 For personal services of the superintendent and 

office assistants, a sum not exceeding ten thousand 

one hundred dollars $10,100 00 

166 For personal services of engineers, assistant engi- 

neers, firemen and helpers in the engineer's de- 
partment, a sum not exceeding fifty-seven 
thousand four hundred and fourteen dollars 57,414 00 

167 For personal services of state house guards and 

assistant state house guards, a sum not exceeding 
forty-two thousand three hundred and twenty 
dollars 42,320 00 

168 For personal services of janitors, a sum not exceed- 

ing twenty-four thousand nine hundred dollars 24,900 00 

169 For other personal services incidental to the care and 

maintenance of the state house, a sum not exceed- 
ing sixty-eight thousand two hundred and forty 
dollars . 68,240 00 

170 For personal services of the central mailing room, a 

sum not exceeding forty-eight hundred dollars . 4,800 00 

Total $207,774 00 

Other Annual Expenses: 

171 For contingent, office and other expenses of the 

superintendent, a sum not exceeding two hundred 

and fifty dollars . ... . . $250 00 

172 For telephone service in the building and expenses 

in connection therewith, a sum not exceeding 

forty-three thousand dollars .... 43,000 00 

173 For services, supphes and equipment necessary to 

furnish heat, Ught and power, a sum not exceeding 
thirty-seven thousand dollars .... 37,000 00 

174 For other services, supphes and equipment neces- 

sary for the maintenance and care of the state 
house and grounds, including repairs of furniture 
and equipment, a sum not exceeding twenty-eight 
thousand dollars 28,000 00 

175 For office and other expenses of the central mailing 

room, a sum not exceeding one hundred dollars . 100 00 



Total $108,350 00 

For the Maintenance of Old State House. 
176 For the contribution of the commonwealth toward 
the maintenance of the old provincial state house, 
the sum of fifteen hundred dollars . . . $1,500 00 



260 Acts, 1933. — Chap. 174. 

Special Committee. 

Item 

177 For expenses of the advisory committee for the 

town of Mashpee, as authorized by chapter two 
hundred and twenty-three of the acts of nineteen 
hundred and thirty-two, a sum not exceeding five 
hundred dollars $500 00 

Service of the Secretary of the Commonwealth. 

178 For the salary of the secretary, a sum not exceeding 

sixty-six hundred and twenty-seven dollars . $6,627 00 

179 For the salaries of officers and employees holding 

positions estabUshed by law, and other personal 
services, a sum not exceeding one hundred eight 
thousand one hundred and forty dollars . . 108,140 00 

180 For services other than personal, traveling expenses, 

oflBce supplies and equipment, for the arrange- 
ment and preservation of state records and papers, 
and for advertising the purpose of sections 
twenty-eight A to twenty-eight D of chapter six 
of the General Laws, as appearing in the Tercen- 
tenary Edition thereof, a sum not exceeding 
nineteen thousand five hundred dollars . . 19,500 00 

181 For postage and expressage on public documents, 

and for mailing copies of bills and resolves to cer- 
tain state, city and town officials, a sum not ex- 
ceeding thirty-five hundred dollars . . . 3,500 00 

182 For printing registration books, blanks and indices, 

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

183 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 nineteen hundred dollars . 1,900 00 

184 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, inclu- 
sive, 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 750 00 

185 For the purchase of ink for pubUc records of the 

commonwealth, a sum not exceeding nine hun- 
dred dollars 900 00 

186 For traveling expenses of the supervisor of public 

records, a sum not exceeding seven hundred dol- 
lars 700 00 



Total $143,017 00 

Indexing vital statistics: 

187 For the preparation of certain indexes of births, mar- 

riages and deaths, a sum not exceeding nine thou- 
sand dollars $9,000 00 

For printing laws, etc.: 

188 For printing and distribution of the pamphlet edi- 

tion of the acts and resolves of the present year, a 
sum not exceeding forty-three hundred and fifty 
dollars $4,350 00 

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 
thirty-one thousand eight hundred dollars, the 



Acts, 1933. — Chap. 174. 261 



Item 



same to be in addition to any unexpended bal- 
ance of an appropriation made for the purpose in 
the previous year ...... $31,800 00 

191 For printing and binding public documents, a sum 

not exceeding twenty-five hundred dollars . . 2,500 00 

Total $44,650 00 

For matters relating to elections: 

192 For personal and other services in preparing for 

primary elections, and for the expenses of pre- 
paring, printing and distributing ballots for 
primary and other elections, a sum not exceeding 
twenty-seven thousand dollars . . . . $27,000 00 

193 For the printing of blanks for town officers, election 

laws and blanks and instructions on all matters 
relating to elections, a sum not exceeding fifteen 
hundred dollars 1,500 00 

194 For furnishing cities and towns with ballot boxes, 

and for repairs to the same; for the purchase of 
apparatus to be used at polling places in the can- 
vass and counting of votes; and for providing 
certain registration facilities, a sum not exceeding 
five hundred dollars ..... 500 00 



Total $29,000 00 

Medical Examiners' Fees: 

195 For medical examiners' fees, as provided by law, a 

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

Service of the Treasurer and Receiver-General. 

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

a sum not exceeding fifty-six hundred and eighty 

dollars^ $5,680 00 

197 For salaries of officers and employees holding posi- 

tions established by law and additional clerical 
and other assistance, a sum not exceeding fifty-five 
thousand nine hundred dollars .... 55,900 00 
i98 For services other than personal, travehng expenses, 
office supplies and equipment, a sum not exceed- 
ing fifteen thousand five hundred dollars . 15,500 00 



Total $77,080 00 

Commissioners on Firemen's Relief: 

199 For relief disbursed, with the approval of the com- 

missioners on firemen's rehef, subject to the pro- 
visions of law, a sum not exceeding seventeen 
thousand five hundred dollars .... $17,500 00 

200 For expenses of administration by the commission- 

ers on firemen's relief, a sum not exceeding five 

hundred dollars 500 00 



Total $18,000 00 

Payments to Soldiers: 
201 For expenses of administering certain laws relating 
to payments in recognition of mihtary service in 
the world war, a sum not exceeding twenty-seven 
hundred and twenty dollars, to be paid from the 
receipts from taxes levied under authority of 
chapters two hundred and eighty-three and three 
hundred and forty-two of the General Acts of 
nineteen hundred and nineteen . . $2,720 00 



262 Acts, 1933. — Chap. 174. 

Item 

202 For making payments to soldiers in recognition 

of service during the world war, as provided by 
law, a sum not exceeding ten thousand dollars, to 
be paid from receipts from taxes levied as speci- 
fied in item two hundred and one . $10,000 00 

203 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 himdred 
and ninety-eight, as amended by section one of 
chapter four hundred and seventy-one of the acts 
of eighteen hundred and ninety-nine, a sum not 
exceeding two hundred dollars .... 200 00 



Total $12,920 00 

State Board of Retirement: 

204 For personal services in the administrative office of 

the state board of retirement, a sum not exceeding 

ten thousand one himdred and eighty dollars . $10,180 00 

205 For services other than personal, printing the an- 

nual report, and for office suppUes and equipment, 

a sum not exceeding fifty-three hundred dollars . 5,300 00 

206 For requirements of annuity funds and pensions for 

employees retired from the state service under 
authority of law, a sum not exceeding two hun- 
dred ten thousand dollars .... 210,000 00 



Total $225,480 00 

Board of Tax Appeals: 

207 For personal services of the members of the board 

and employees, a sum not exceeding thirty-seven 

thousand one hundred and fifty-four dollars . $37,154 00 

208 For services other than personal, traveling ex- 

penses, office suppUes and equipment, and rent, a 

sum not exceeding sixteen thousand dollars . 16,000 00 



Total $53,154 00 

Service of the Emergency Finance Board. 
208a For the administrative expenses of the emergency 
finance board, authorized by chapter forty-nine 
of the acts of the current year, a sum not exceed- 
ing four thousand dollars. The state comptroller 
is hereby directed to certify for payment, expenses 
authorized by this appropriation, from the re- 
ceipts from notes issued under said chapter, the 
same to be in anticipation of a refund to said 
receipts from the excess interest account pro- 
vided in section two of said chapter, and to make 
the necessary adjustments between the said re- 
ceipts account and excess interest account before 
any distribution of said excess is made to the 
cities and towns entitled thereto . . . $4,000 00 

Requirements for Extinguishing the Stale Debt. 
209 For sinking fund requirements and for certain serial 
bonds maturing during the present year, the sum 
of one milhon six hundred seventy-one thousand 
three hundred ninety-nine dollars and fifty cents, 
payable from the following accounts and funds in 
the following amounts : — from the surplus of 
sinking fund revenue, four hundred twenty thou- 



Acts, 1933. — Chap. 174. 263 



Item 



sand dollars; from the Highway Fund, two hun- 
dred four thousand six hundred forty-nine dollars 
and fifty cents; and the remainder from the 
General Fund . . . . $1,671,399 50 
209a To meet one fourth of the expenditures authorized 
by sections one and two of chapter one hundred 
and twenty-two of the acts of nineteen hundred 
and thirty-one, and already in the main incurred, 
which is the proportionate part intended to be 
ultimately met by the commonwealth during the 
current fiscal year, thereby reducing by the sum 
hereby appropriated the amount that may be bor- 
rowed under section three of said chapter, without 
otherwise affecting the authority to borrow under 
said section three the remainder of the amount 
authorized to be borrowed thereunder, the sum of 
two milhon one hundred and twenty-five thou- 
sand dollars, the same to be paid from the High- 
way Fund $2,125,000 00 

Interest on the Public Debt. 

210 For the payment of interest on the direct debt of the 

commonwealth, a sum not exceeding eight hun- 
dred sixty-nine thousand dollars, of wMch sum 
two hundred thirty-nine thousand dollars shall be 
paid from the Highway Fund .... $869,000 00 

Service of the Auditor of the Commonwealth. 

211 For the salary of the auditor, a sum not exceeding 

fifty-six hundred and eighty dollars . . . $5,680 00 

212 For personal services of deputies and other assis- 

tants, a sum not exceeding forty-eight thousand 

one hundred dollars ..... 48,100 00 

213 For services other than personal, travehng expenses, 

office supplies and equipment, a sum not exceed- 
ing fifty-seven hundred and seventy-five dollars . 5,775 00 

Total $59,555 00 

Service of the Attorney Generals Department. 

214 For the salary of the attorney general, a sum not 

exceeding seventy-five hundred and seventy-four 

dollars . $7,574 00 

215 For the compensation of assistants in his office, and 

for such other legal and personal services as may 
be required, a sum not exceeding seventy-eight 
thousand four hundred and thirty-four dollars . 78,434 00 

216 For services other than personal, traveling expenses, 

oflBce suppUes and equipment, a sum not exceed- 
ing six thousand dollars ..... 6,000 00 

217 For the settlement of certain small claims, as author- 

ized by section three A of chapter twelve of the 
General Laws, as appearing in the Tercentenary 
Edition thereof, a sum not exceeding five thou- 
sand dollars . ... . . . 5,000 00 

218 For the settlement of certain claims, as provided by 

law, on account of damages by cars owned by the 
commonwealth and operated by state employees, 
a sum not exceeding four thousand dollars . 4,000 00 

Total $101,008 00 

Service of the Department of Agriculture. 

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

ceeding fifty-six hundred and eighty ^dollars . $5,680 QQ 



264 Acts, 1933. — Chap. 174. 

Item 

220 For personal services of clerks and stenographers, a 

sum not exceeding nineteen thousand five hun- 
dred and forty dollars $19,540 00 

221 For traveling expenses of the commissioner, a sum 

not exceeding nine hundred dollars . . . 900 00 

222 For services other than personal, printing the an- 

nual report, office supplies and equipment, and 
printing and furnishing trespass posters, a sum not 
exceeding seven thousand dollars . . . 7,000 00 

223 For compensation and expenses of members of the 

advisory board, a sum not exceeding seventeen 

hundred and forty-four dollars .... 1,744 00 

224 For services and expenses of apiary inspection, a 

sum not exceeding two thousand dollars . . 2,000 00 

Division of Dairying and Animal Husbandry: 

225 For personal services, a sum not exceeding thirteen 

thousand nine hundred and twenty dollars . 13,920 00 

226 For other expenses, including the enforcement of the 

dairy laws of the commonwealth, a sum not ex- 
ceeding sixty-nine hundred and fifty dollars . 6,950 00 

227 For administering the law relative to the inspection 

of barns and dairies by the department of agricul- 
ture, a sum not exceeding twenty-two thousand 
dollars 22,000 00 

Division of Plant Pest C'ontrol: 

228 For personal services, a sum not exceeding ten thou- 

sand eight hundred and fifty dollars . . . 10,850 00 

229 For other expenses, a sum not exceeding forty-six 

hundred dollars 4,600 00 

Division of Ornithology: 

230 For personal services for the period ending May 

thirty-first of the current year, upon which date 
all functions of this division shall cease, a sum not 
exceeding sixteen hundred and fifty dollars . 1,650 00 

231 For other expenses, a sum not exceeding two hun- 

dred dollars 200 00 

Division of Markets: 

232 For personal services, a sum not exceeding nineteen 

thousand thi-ee hundred and twenty dollars . 19,320 00 

233 For other expenses, a sum not exceeding forty-five 

hundred and twenty-five dollars . . 4,525 00 

Division of Reclamation, Soil Survey and Fairs: 

234 For personal services, a sum not exceeding eleven 

thousand four hundred dollars .... 11,400 00 

235 For travel and other expenses, a sum not exceeding 

sixty-three hundred and twenty-five dollars . 6,325 00 

236 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 re- 
maining at the end of the current fiscal year may 
be used in the succeeding year .... 30,000 00 

Specials : 

237 For work in protecting the pine trees of the com- 

monwealth from white pine blister rust, and for 
payments of claims on account of currant and 
gooseberry bushes destroyed in the work of sup- 
pressing white pine blister rust, a sum not exceed- 
ing nine thousand dollars . . . . 9,000 00 



Acts, 1933. — Chap. 174. 265 

Item 

238 For quarantine and other expenses in connection 

with the work of suppression of the European corn- 
borer, so called, a sum not exceeding five thousand 
dollars, the same to be in addition to any amount 
heretofore appropriated for the purpose . . $5,000 00 

239 For quarantine and other expenses in connection 

with the work of suppression of the Japanese 
beetle, so called, a sum not exceeding thirty-four 
hundred dollars ... . . . 3,400 00 

240 For the cost of work of inspecting certain orchards 

of the commonwealth to provide for effective 
apple pest control, a sum not exceeding thirty- 
eight hundred dollars 3,800 00 



Total $189,804 00 

Service of State Reclamation Board. 

241 For expenses of the board, a sum not exceeding 

ninety-one hundred and forty dollars . . $9,140 00 

Special : 

242 For the maintenance and construction of drainage 

ditches, as authorized by chapter three hundred 
and fifteen of the acts of nineteen hundred and 
thirty-one, a sum not exceeding twenty-four thou- 
sand three hundred dollars, the same to be 
assessed upon certain towns as required by law . 24,300 00 

Total $33,440 00 

Service of the Department of Conservation. 
Administration : 

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

ceeding fifty-six hundred and eighty dollars . $5,680 00 

244 For traveling expenses of the commissioner, a sum 

not exceeding one hundred dollars . . . 100 00 

245 For telephone service and certain other office charges 

of the department, a sum not exceeding twenty- 
six hundred and forty dollars .... 2,640 00 

246 For personal services of a telephone operator and 

oflBce boy, a sum not exceeding eighteen hundred 

and thirty dollars 1,830 00 



Total $10,250 00 

Division of Forestry: 

247 For personal services of office assistants, a sum not 

exceeding ninety-eight hundred and eighty dol- 
lars ........ $9,880 00 

248 For services other than personal, including printing 

the annual report, and for traveling expenses, nec- 
essary office supplies and equipment, and rent, a 
sum not exceeding sixty-five hundred dollars . 6,500 00 

249 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 and seventy dollars . . 12,070 00 

250 For the reforesting of land, as authorized by section 

ten of chapter one hundred and thirty-two of the 
General Laws, as appearing in the Tercentenary 
Edition thereof, a sum not exceeding five hundred 
dollars 500 00 

251 For aiding towns in the purchase of equipment for 

extinguishing forest fires and for making pro- 
tective belts or zones as a defence against forest 
fires, for the present and previous years, a sum not 
exceeding seven hundred and fifty dollars . . 750 00 



266 Acts, 1933. — Chap. 174. 

Item 

252 For the personal services of the state fire warden and 

his assistants, and for other services, including 
traveling expenses of the state fire warden and his 
assistants, necessary supplies and equipment and 
materials used in new construction in the forest 
fire prevention service, a sum not exceeding forty- 
six thousand seven hundred and fifteen dollars, 
the same to be in addition to any funds allotted to 
Massachusetts by the federal authorities . . $46,715 00 

253 For the suppression of the gypsy and brown tail 

moths, and for expenses incidental thereto, a sum 
not exceeding forty-five thousand dollars, the same 
to be in addition to any amount heretofore appro- 
priated for the purpose, and any unexpended 
balance remaining at the end of the current fiscal 
year may be used in the succeeding year . 45,000 00 

254 For the planting and maintenance of state forests, 

a sum not exceeding eighteen thousand seven 

hundred and sixty dollars . . . . 18,760 00 

255 For the development of state forests, including the 

cost of maintenance of such nurseries as may be 
necessary for the growing of seedUngs for the 
planting of state forests, as authorized by sections 
thirty to thirty-six, inclusive, of chapter one hun- 
dred and thirty-two of the General Laws, as ap- 
pearing in the Tercentenary Edition thereof, a 
sum not exceeding one hundred twenty-five thou- 
sand and fifty 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 ..... 125,050 00 

256 For the maintenance of the Standish monument 

reservation, a sum not exceeding nineteen hun- 
dred dollars 1,900 00 

257 For the maintenance of Mount Grace state forest, a 

sum not exceeding four hundred dollars . . 400 00 

258 For reimbursement to certain towns, as authorized 

by section twenty-four of chapter forty-eight of 
the General Laws, as appearing in the Tercen- 
tenary Edition thereof, a sum not exceeding 
three hundred dollars . . . . 300 00 

259 For the expenses of forest fire patrol, as authorized 

by section twenty-eight A of said chapter forty- 
eight, as so appearing, a sum not exceeding 
twenty-nine hundred and twenty dollars . . 2,920 00 



Total $270,745 00 

Division of Parks : 

260 For personal services for the period ending May 

thirty-first of the current year, upon which date 
all functions of this division as then constituted 
shall cease, a sum not exceeding twenty-nine hun- 
dred and seventy-five dollars .... $2,975 00 

261 For other administrative expenses of the director of 

the division of parks, as authorized by chapter 
three hundred and ninety-one of the acts of nine- 
teen hundred and thirty-one, a sum not exceeding 
sixteen hundred dollars ..... 1,600 00 



Total $4,575 00 

Division of Fisheries and Game: 
262 For the salary of the director, a sum not exceeding 

forty-three hundred and twenty dollars . . $4,320 00 



Acts, 1933. — Chap. 174. 267 

Item 

263 For personal services of office assistants, a sum not 

exceeding fourteen thousand four hundred and 

forty dollars . $14,440 00 

264 For services other than personal, including printing 

the annual report, traveling expenses and neces- 
sary office supplies and equipment, and rent, a 
sum not exceeding eleven thousand two hundred 
dollars 11,200 00 

265 For expenses of exhibitions and other measures to 

increase the interest of the pubUc in the protection 
and propagation of fish and game, a sum not ex- 
ceeding one thousand dollars .... 1,000 00 

Enforcement of laws : 

266 For personal services of fish and game wardens, a 

sum not exceeding seventy thousand three hun- 
dred and twenty dollars 70,320 00 

267 For travehng expenses of fish and game wardens, and 

for other expenses necessary for the enforcement 
of the laws, a sum not exceeding thirty-two thou- 
sand nine himdred and twenty-five dollars . 32,925 00 

Biological work : 

268 For personal services to carry on biological work, a 

sum not exceeding ninety-two hundred and eighty 

dollars '. 9,280 00 

269 For traveling and other expenses of the biologist and 

his assistants, a sum not exceeding twenty-four 

hundred dollars 2,400 00 

Propagation of game birds, etc. : 

270 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 one 
hundred eight thousand eight hundred and forty 
dollars 108,840 00 

Damages by wild deer and wild moose : 

271 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 
fifty-seven hundred dollars .... 5,700 00 

Supervision of pubUc fishing and hunting grounds: 

272 For personal services, a sum not exceeding eleven 

hundred and forty dollars .... 1,140 00 

273 For other expenses, a sum not exceeding fifteen hun- 

dred dollars 1,500 00 

Special: 

274 For improvements and additions at fish hatcheries 

and game farms, a sima not exceeding ninety-seven 
hundred dollars, the same to be in addition to any 
amount heretofore appropriated for the purpose . 9,700 00 

Protection of wild fife : 

275 For expenses incurred in the protection of certain 

wild Ufe, a smn not exceeding fifteen hundred and 

sixty dollars 1,560 00 

Marine fisheries: 

276 For personal services for regulating the sale and cold 

storage of fresh food fish, a sum not exceeding 

thirteen thousand and twenty dollars . . 13,020 00 

277 For other expenses of regulating the sale and cold 

storage of fresh food fish, a sum not exceeding 

thirty-two hundred and seventy-five dollars . 3,275 00 



268 ' Acts, 1933. — Chap. 174. 

Item 

State Supervisor of Marine Fisheries: 

278 For personal services of the state supervisor of ma- 

rine fisheries and his assistants, a sum not exceed- 
ing eighty-two hundred and eighty dollars $8,280 00 

279 For office and other expenses of the state supervisor 

of marine fisheries, a sum not exceeding thirty- 
nine himdred and seventy-five dollars . 3,975 00 

Enforcement of shellfish and other marine fishery 
laws: 

280 For personal services for the enforcement of laws 

relative to shellfish and other marine fisheries, a 
sum not exceeding seventeen thousand eight hun- 
dred and ninety dollars ..... 17,890 00 

281 For other expenses for the enforcement of laws rela- 

tive to shellfish and other marine fisheries, a sum 
not exceeding eleven thousand three hundred and 
seventy-five dollars ...... 11,375 00 

282 For expenses of purchasing lobsters, subject to the 

conditions imposed by chapter two hundred and 
sixty-three of the acts of nineteen hundred and 
twenty-eight, a sum not exceeding ninety-five 
hundred dollars 9,500 00 



Total $341,640 00 

Bounty on seals: 

283 For bounties on seals, a sum not exceeding six hun- 

dred and seventy-five dollars .... $675 00 

Division of Animal Industry: 

284 For the salary of the director, a sum not exceeding 

thirty-eight hundred and forty dollars . $3,840 00 

285 For personal services of clerks and stenographers, a 

sum not exceeding twenty-three thousand five 

hundred and forty dollars .... 23,540 00 

286 For services other than personal, including printing 

the annual report, traveling expenses of the direc- 
tor, office supphes and equipment, and rent, a sum 
not exceeding fourteen thousand four hundred 
dollars 14,400 00 

287 For personal services of veterinarians and agents 

engaged in the work of extermination of contagious 
diseases among domestic animals, a sum not ex- 
ceeding eighty-seven thousand six hundred dollars 87,600 00 

288 For traveling expenses of veterinarians and agents, 

including the cost of any motor vehicles pur- 
chased for their use, a sum not exceeding twenty- 
eight thousand six hundred and fifty dollars . 28,650 00 

289 For reimbursement of owners of horses killed during 

the present and previous years, travel, when 
allowed, of inspectors of animals, incidental ex- 
penses of killing and burial, quarantine and emer- 
gency services, and for laboratory and veterinary 
supphes and equipment, a sum not exceeding 
sixty-five hundred dollars .... 6,500 00 

290 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, 
as appearing in the Tercentenary Edition thereof, 
and in accordance with certain provisions of law 
and agreements made under authority of section 
thirty-three of said chapter one hundred and 
twenty-nine, as so appearing, during the present 
and previous year, a sum not exceeding five him- 
dred thousand dollars, the same to be in addition 
to any amount heretofore appropriated for the 



Acts, 1933. — Chap. 174. 269 

Item 

purpose, and any unexpended balance remaining 
at the end of the current fiscal year may be used 
in the succeeding year ..... $500,000 00 

Total $664,530 00 

Reimbursement of towns for inspectors of animals : 

291 For the reimbiu-sement of certain towns for compen- 

sation paid to inspectors of animals, a sum not 

exceeding fifty-five hundred dollars . . . $5,500 00 

Service oj the Department of Banking and Insurance. 

Division of Banks: 

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

ceeding fifty-six hundred and eighty dollars . $5,680 00 

293 For services of deputy, directors, examiners and 

assistants, clerks, stenographers and experts, a 
sum not exceeding two hundred ninety-one thou- 
sand nine hundred and twenty dollars 291,920 00 

294 For services other than personal, printing the annual 

report, traveUng expenses, office supplies and 
equipment, a sum not exceeding sixty-two thou- 
sand two hundred and seventy-five dollars 62,275 00 



Total $359,875 00 

Supervisor of Loan Agencies: 

295 For personal services of supervisor and assistants, a 

sum not exceeding twelve thousand three himdred 

dollars . $12,300 00 

296 For services other than personal, printing the an- 

nual report, ofiice supplies and equipment, a sum 

not exceeding fifteen himdred and forty-five dollars 1,545 00 

Total $13,845 00 

Division of Insurance: 

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

ceeding fifty-six hundred and eighty dollars $5,680 00 

298 For other personal services of the division, including 

expenses of the board of appeal and certain other 
costs of supervising motor vehicle liability insur- 
ance, a sum not exceeding one hundred eighty-two 
thousand one hundred and eighty dollars, of which 
svun not more than thirty-five thousand dollars 
may be charged to the Highway Fund 182,180 00 

299 For other services, including printing the annual 

report, traveling expenses and necessary office 
suppUes and equipment, a sum not exceeding 
thirty-seven thousand three hundred and seventy- 
five doUars 37,375 00 



Total $225,235 00 

DiArision of Savings Bank Life Insurance: 

300 For personal services of officers and employees, a 

sum not exceeding thirty thousand three himdred 

and twenty dollars $30,320 00 

301 For pubUcity, including traveling expenses of one 

person, a sum not exceeding nineteen hundred 

dollars 1,900 00 

302 For services other than personal, printing the annual 

report, traveling expenses, rent, office supplies and 
equipment, a sum not exceeding ten thousand four 
hundred dollars 10,400 00 



270 Acts, 1933. — Chap. 174. 

Item 

303 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 twenty- 
nine himdred and seventy doUars . . . $2,970 00 



Total $45,590 00 

Service of the Department of Corporations and Taxation. 

Corporation and Tax Divisions: 

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

ceeding seventy-one hundred dollars . . $7,100 00 

305 For the salaries of certain positions filled by the com- 

missioner, with the approval of the governor and 
council, and for additional clerical and other 
assistance, a sum not exceeding two hundred 
twenty thousand and sixty dollars, of which simi 
not more than fifty thousand dollars may be 
charged to the Highway Fund to cover the esti- 
mated cost of collection of the gasoUne tax, so 
called 220,060 00 

306 (This item consoUdated with Item 307.) 

307 For other services, necessary office supphes and 

equipment, travel, and for printing the annual 
report, other pubUcations and valuation books, a 
sum not exceeding forty-three thousand one hun- 
dred and fifty dollars 43,150 00 

Total $270,310 00 

Income Tax Division (the three following appro- 
priations are to be made from the receipts from 
the income tax) : 

308 For personal services of the director, assistant direc- 

tor, assessors, deputy assessors, clerks, stenograph- 
ers and other necessary assistants, a sum not ex- 
ceeding four hundred seventeen thousand nine 
himdred and thirty-four dollars . . $417,934 00 

309 (This item consoUdated with Item 310.) 

310 For services other than personal, and for traveUng 

expenses, ofiice supphes and equipment, a sxma not 
exceeding one himdred thirty-eight thousand five 
hundred and fifty dollars 138,550 00 

Total $556,484 00 

Division of Accounts : 

311 For personal services, a sum not exceeding seventy- 

seven thousand six hundred dollars . . . $77,600 00 

312 For other expenses, a sum not exceeding eleven 

thousand four hundred and fifty dollars . . 11,450 00 

313 For the administrative expenses required under the 

provisions of chapter four hundred of the acts of 
nineteen hundred and thirty, a sum not exceeding 
seventy-seven hundred and sixty dollars . . 7,760 00 

314 For services and expenses of auditing and installing 

systems of municipal accounts, the cost of which 
is to be assessed upon the municipalities for which 
the work is done, a sum not exceeding one hundred 
sixty thousand seven hundred and seventy-four 
dollars 160,774 00 

315 For the expenses of certain books, forms and other 

material, which may be sold to cities and towns 
requiring the same for maintaining their system of 



Acts, 1933. — Chap. 174. 271 

Item 

accounts, a sum not exceeding eighteen thousand 

dollars $18,000 00 

Total $275,584 00 

Reimbursement for loss of taxes: 

316 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 
thirty-three, a sum not exceeding one hundred 
twenty-six thousand two hundred dollars . . $126,200 00 

Service of the Department of Education. 

317 For the salary of the commissioner, a sum not exceed- 

ing eighty-five hundred and twenty dollars $8,520 00 

318 For personal services of officers, agents, clerks, 

stenographers and other assistants, but not in- 
cluding those employed in university extension 
work, a sum not exceeding ninety-five thousand 
five hundred and twenty dollars . . . 95,520 00 

319 For travehng 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 fifty-seven hundred dollars . . 5,700 00 

320 For services other than personal, necessary office 

supplies, and for printing the annual report and 
bulletins as provided by law, a siun not exceeding 
ninety-five hundred dollars .... 9,500 00 

321 For expenses incidental to furnishing school com- 

mittees with rules for testing the sight and hearing 
of pupils, a sum not exceeding one hundred and 
fifty dollars 150 00 

322 For printing school registers and other school blanks 

for cities and towns, a sum not exceeding foiu-teen 

hundred dollars 1,400 00 

323 For assisting small towns in providing themselves 

with school superintendents, as provided by law, 
a sum not exceeding one hundred one thousand 
five hundred dollars . . . . 101,500 00 

324 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 two himdred six 
thousand dollars 206,000 00 

325 For the reimbursement of certain towns for the 

transportation of pupils attending high schools 
outside the towns in which they reside, as pro- 
vided by law, a sum not exceeding one hundred 
seventy-five thousand dollars . . . . 175,000 00 

326 For the reimbursement of certain cities and towns 

for a part of the expense of maintaining agriciU- 
tm-al and industrial vocational schools, as pro- 
vided by law, a sum not exceeding one million five 
hundred six thousand one hundred two dollars and 
eighty-two cents 1,506,102 82 

327 For the expense of promotion of vocational rehabiU- 

tation in co-operation with the federal govern- 
ment, including rent, with the approval of the 
department of education, a simi not exceeding 
foiu-teen thousand two hundred and fifty-five 
dollars . . ... . . 14,255 OQ 

328 For aid to certain persons receiving instruction in 

the com-ses for vocational rehabilitation, as au- 



272 Acts, 1933. — Chap. 174. 

Item 

thorized by section twenty-two B of chapter 
seventy-four of the General Laws, as appearing in 
the Tercentenary Edition thereof, a sum not 
exceeding twenty-five hundred dollars . . $2,500 00 

329 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, as 
appearing in the Tercentenary Edition thereof, a 
sum not exceeding four hundred thirty-six thou- 
sand dollars 436,000 00 

330 For expenses of holding teachers' institutes, a sum 

not exceeding two thousand dollars . . . 2,000 00 

331 For aid to certain pupils in state teachers' colleges, 

under the direction of the department of educa- 
tion, a sum not exceeding four thousand dollars . 4,000 00 

332 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 twenty-eight 
thousand seven hundred and ninety dollars . 28,790 00 

333 For assistance to the children of certain soldiers, for 

the present and previous years, as authorized by 
chapter two hundred and sixty-three of the acts of 
nineteen hundred and thirty, a sum not exceeding 
sixty- nine hundred dollars .... 6,900 00 



Total $2,603,837 82 

EngUsh-speaking Classes for Adults: 

334 For personal services of administration, a sum not 

exceeding ten thousand nine hundred dollars . $10,900 00 

335 For other expenses of administration, a sum not 

exceeding twenty-six hundred dollars . . 2,600 00 

336; For reimbursement of certain cities and towns, a 
sum not exceeding one hundred ten thousand 
dollars 110,000 00 



Total $123,500 00 

University Extension Courses: 

337 For personal services, a sum not exceeding one hun- 

dred twenty-seven thousand five hundred and 

twenty dollars $127,520 00 

338 For other expenses, a sum not exceeding thirty-four 

thousand three hundred and fifty dollars . 34,350 00 

Total $161,870 00 

Division of Immigration and Americanization: 

339 For personal services, a sum not exceeding thirty- 

three thousand two hundred and sixty-four dollars $33,264 00 

340 For other expenses, a sum not exceeding fifty-one 

hundred and thirty-six dollars .... 5,136 00 

Total $38,400 00 

Division of Pubhc Libraries: 

341 For personal services of regular agents and oflBce 

assistants, a sum not exceeding ten thousand four 

hundred and twenty dollars .... $10,420 00 

342 For other services, including printing the annual 

report, traveling expenses, necessary oflBce sup- 
plies and expenses incidental to the aiding of 
public libraries, a sum not exceeding ten thousand 
dollars 10,000 00 

Total $20,420 00 



Acts, 1933. — Chap. 174. 273 

Item 

Division of the Blind: 

343 For general administration, furnishing information, 

industrial and educational aid, and for carrying 
out certain provisions of the laws establishing said 
division, a sum not exceeding forty-two thousand 
three hundred and ten dollars .... $42,310 00 

344 For the maintenance of local shops, a sum not ex- 

ceeding fifty-nine thousand six hundred and forty 

dollars . 59,640 00 

345 For maintenance of Woolson House industries, so 

called, to be expended under the authority of said 
division, a sum not exceeding twenty-seven thou- 
sand eight hundred and forty dollars . . 27,840 00 

346 For the maintenance of certain industries for men, 

to be expended under the authority of said divi- 
sion, a sum not exceeding one hundred thirteen 
thousand seven hundred and twenty dollars . 113,720 00 

347 For instruction of the adult blind in their homes, a 

sum not exceeding sixteen thousand eight hun- 
dred and twenty dollars . . . . . 16,820 00 

348 For expenses of providing sight-saving classes, with 

the approval of the division of the blind, a sum not 

exceeding twenty thousand one hundred dollars . 20,100 00 

349 For aiding the adidt blind, subject to the conditions 

provided by law, a sum not exceeding one hun- 
dred seventy-one thousand dollars . . . 171,000 00 

Total $451,430 00 

Teachers' Retirement Board: 

350 For personal services of employees, a sum not ex- 

ceeding eleven thousand four hundred and eighty 

dollars $11,480 00 

351 For services other than personal, including printing 

the annual report, traveling expenses, office sup- 
pUes and equipment, and rent, a sum not exceed- 
ing thirty-nine hundred dollars . . . 3,900 00 

352 For payment of pensions to retired teachers, a sum 

not exceeding eight hundred seventy-four thou- 
sand dollars . . •. . ; • • • 874,000 00 

353 For reimbursement of certain cities and towns for 

pensions to retired teachers, a sum not exceeding 
• two hundred thirty-four thousand eight hundred 

nineteen dollars and fifty cents . . . 234,819 50 

354 For payment into the annuity fund for the period of 

the year nineteen hundred and thirty-two, in 
accordance with certain actuarial figures, a sum 
not exceeding fifteen thousand nine hundred and 
ninety-seven dollars ..... 15,997 00 

Total ....... $1,140,196 50 

Massachusetts Nautical School: 

355 For personal services of the secretary and office 

assistants, a sum not exceeding forty-five hundred 

and forty dollars . . . . . . $4,540 00 

356 For services other than regular clerical services, in- 

cluding printing the annual report, rent, office 
supphes and equipment, a sum not exceeding 
twenty-two hundred and seventy-five dollars . 2,275 00 

357 For the maintenance of the school and ship, a sum 

not exceeding seventy-eight thousand two hun- 
dred and forty-five dollars .... 78,245 00 



Total $85,060 00 



274 Acts, 1933. — Chap. 174. 

Item 

State Teachers' Colleges and Massachusetts 
School of Art: 

358 For the maintenance of the several state teachers' 

colleges and the Massachusetts School of Art, 
with the approval of the commissioner of educa- 
tion, a sum not exceeding one milUon four 
thousand nine hundred and fifty dollars . $1,004,950 00 

359 For maintenance of boarding halls at the several 

state teachers' colleges, with the approval of the 
commissioner of education, a sum not exceeding 
one hundred eighty-eight thousand four hundred 

and fifty dollars 188,450 00 

373 For grading and surfacing the playfield at the 
Worcester state teachers' college, a sum not ex- 
ceeding one thousand dollars and the unexpended 
balance of any appropriation heretofore made for 
the purpose 1,000 00 

Total $1,194,400 00 

Textile Schools: 

375 For the maintenance of the Bradford Durfee textile 

school of Fall River, with the approval of the 
commissioner of education and the trustees, a 
sum not exceeding fifty-eight thousand seven hun- 
dred 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 au- 
thorized to raise by taxation the said sum of ten 
thousand dollars . ■..-.• $58,750 00 

376 For the maintenance of the Lowell textile institute, 

with the approval of the commissioner of educa- 
tion and the trustees, a sum not exceeding one 
hundred fifty-seven thousand six hundred dollars, 
of which sum ten thousand dollars is to be con- 
tributed by the city of Lowell, and the city of 
Lowell is hereby authorized to raise by taxation 
the said sum of ten thousand dollars . . 157,600 00 

377 For the maintenance of the New Bedford textile 

school, with the approval of the commissioner of 
education and the trustees, a sum not exceeding 
fifty-eight thousand seven hundred dollars, of 
which sum ten thousand dollars is to be contrib- 
uted 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 . 58,700 00 



Total $275,050 00 

Massachusetts State College: 

378 For maintenance and current expenses of the Massa- 

chusetts state coUege, with the approval of the 
trustees, a sum not exceeding nine hundred thirty- 
six thousand two hundred and sixty dollars . $936,260 00 

379 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 ex- 
ceeding twenty-five hundred dollars, provided, 
however, that this appropriation be available only 
after approval of particular projects covered by 
it has been obtained from the governor and 

council . 2,500 00 

379a For aid to certain students, with the approval of the 
trustees, a sima not exceeding twenty- five hundred 
dollars 2,500 00 



Acts, 1933. — Chap. 174. 275 

Item 

380 For expense of renewing and improving certain 
steam lines, a sum not exceeding twenty-five 
thousand dollars $25,000 00 



Total $966,260 00 

Service of the Department of Civil Service and Registration. 
Administration: 

381 For personal services of telephone operator for the 

department, a sum not exceeding twelve hundred 

and twenty dollars $1,220 00 

Division of Civil Service: 

382 For the salaries of the commissioner and associate 

commissioners, a sum not exceeding eighty-six 

hundred and forty dollars •. . . • • $8,640 00 

383 For other personal services of the division, a sum not 

exceeding one hundred twenty-one thousand seven 

hundred and twenty dollars .... 121,720 00 

384 For other services and for printing the annual report, 

and for office supplies and equipment necessary 
for the administration of the civil service law, a 
sum not exceeding thirty-two thousand two hun- 
dred and fifty dollars 32,250 00 



Total $162,610 00 

Division of Registration: 

385 For the salary of the director, a sum not exceeding 

seventeen hundred and twenty-eight dollars . $1,728 00 

386 For clerical and certain other personal services of the 

division, a sum not exceeding thirty-six thousand 

seven hundred and eighty dollars . . . 36,780 00 

387 For services of the division other than personal, 

printing the annual reports, office supphes and 
equipment, except as otherwise provided, a sum 
not exceeding twelve thousand dollars . 12,000 00 

Total $50,508 00 

Board of Registration in Medicine: 

388 For personal services of the members of the board, a 

sum not exceeding forty-one hundred and twenty- 
eight dollars $4,128 00 

389 For personal services of members of the board and 

examiners for the registration of chiropodists, a 
sum not exceeding five hundred and seventy-six 
dollars 576 00 

390 For traveUng expenses, a sum not exceeding four 

hundred dollars ...... 400 00 



Total $5,104 00 

Board of Dental Examiners: 

391 For personal services of the members of the board, a 

sum not exceeding thirty-six hundred and forty- 
eight dollars $3,648 00 

392 For traveUng expenses, a sum not exceeding five 

hundred doUars ...... 500 00 

393 For travel and other expenses necessary in providing 

for the enforcement of law relative to the registra- 
tion of dentists, a sum not exceeding two thousand 
dollars 2,000 00 

Total $6,148 00 



276 Acts, 1933. — Chap. 174. 

Item 

Board of Registration in Pharmacy: 

394 For personal services of members of the board, a sum 

not exceeding forty-one hundred and twenty- 
eight dollars $4,128 00 

395 For personal services of agent, a sum not exceeding 

twenty-three hundred and eighty dollars . 2,380 00 

396 For traveUng expenses, a sum not exceeding thirty- 

five hundred dollars ..... 3,500 00 

Total $10,008 00 

Board of Registration of Nurses: 

397 For personal services of members of the board, a sum 

not exceeding two thousand and sixteen dollars . $2,016 00 

398 For traveling expenses, a sum not exceeding four 

hundred and fifty dollars ..... 450 00 

Total $2,466 00 

Board of Registration in Embalming: 

399 For personal services of members of the board, a 

sum not exceeding two hundred and eighty-eight 

dollars $288 00 

400 For traveling expenses, a sum not exceeding three 

hundred dollars 300 00 

401 For the dissemination of useful knowledge among 

and for the benefit of licensed embalmers, a sum 

not exceeding five hundred dollars . . . 500 00 

Total $1,088 00 

Board of Registration in Optometry: 

402 For personal services of members of the board, a 

sum not exceeding eighteen hundred and twenty- 
four dollars , . $1,824 00 

403 For traveUng expenses, a sum not exceeding five 

hundred dollars 500 00 

Total $2,324 00 

Board of Registration in Veterinary Medicine : 

404 For personal services of the members of the board, a 

sum not exceeding five hundred and seventy-six 

dollars $576 00 

405 For other services, printing the annual report, 

traveling expenses, oflBce supplies and equipment, 

a sum not exceeding three hundred dollars . . 300 00 

Total $876 00 

State Examiners of Electricians : 

406 For traveling expenses, a sum not exceeding thirty- 

four hundred and fifty dollars .... $3,450 00 

Board of Registration of PubUc Accountants: 

407 For personal services of members of the board, a 

sum not exceeding six hundred and forty-nine 

dollars $649 00 

408 For expenses of examinations, including the prepara- 

tion and marking of papers, and for other expenses, 
a sum not exceeding eighteen hundred and eighty 
dollars 1,880 00 

Total $2,529 00 

State Examiners of Plumbers: 

409 For personal services of the members of the board, 

a sum not exceeding one thousand and fifty-six 
• dollars $1,056 00 



Acts, 1933. — Chap. 174. 277 

Item 

410 For traveling expenses, a sum not exceeding eleven 

hundred dollars $1,100 00 



Total $2,156 00 

Board of Registration of Barbers: 

411 For personal services of the members of the board 

and assistants, a sum not exceeding sixteen thou- 
sand and eighty dollars ..... $16,080 00 

412 For travel and other necessary expenses, a sum not 

exceeding seventy-five hundred dollars . . 7,500 00 

Total $23,580 00 

Service of the Department of Industrial Accidents. 

413 For personal services of members of the board, a smn 

not exceeding forty thousand two hundred and 

thirty-four dollars . . ... $40,234 00 

414 For personal services of secretaries, medical ad- 

viser, inspectors, clerks and office assistants, a 
sum not exceeding one hundred twenty-six thou- 
sand seven hundred dollars . . . . 126,700 00 

415 For expenses of impartial examinations, a sum not 

exceeding twenty-eight thousand five hundred 

dollars 28,500 00 

416 For travehng expenses, a smn not exceeding eighty- 

two hundred and fifty dollars .... 8,250 00 

417 For other services, printing the annual report, nec- 

essary office supphes and equipment, a sum not 

exceeding eleven thousand two hundred dollars . 11,200 00 

Total $214,884 00 

Service of the Department of Labor and Industries. 

418 For the salaries of the commissioner, assistant and 

associate commissioners, a sum not exceeding 

nineteen thousand five hundred and eighty dollars $19,580 00 

419 For clerical and other assistance to the commissioner, 

a sum not exceeding sixty-nine hundred and forty 

doUars ........ 6,940 00 

420 For personal services for the inspectional service and 

for traveling expenses of the commissioner, assist- 
ant commissioner, associate commissioners and 
inspectors of labor, and for services other than 
personal, printing the annual report, rent of dis- 
trict offices, and office supphes and equipment for 
the inspectional service, a sum not exceeding one 
hundred forty-nine thousand three hundred and 
sixty dollars, which sum includes the services of an 
expert in the reduction of occupational diseases; 
provided, that said expert shall not be subject to 
civil service laws or the rules and regulations 
made thereunder . . . . . . 149,360 00 

421 For personal services for the statistical service and 

for services other than personal, printing report 
and pubhcations, traveling expenses and office 
supplies and equipment for the statistical service, 
a sum not exceeding fifty-eight thousand nine 
hundred and sixty dollars . . . . 58,960 00 

422 For clerical and other personal services for the opera- 

tion of free employment offices, a sum not exceed- 
ing fifty-seven thousand and sixty dollars . . 57,060 00 

423 For personal services for the division on necessaries 

of Ufe, a sum not exceeding six thousand and 

thirty dollars 6,030 00 



278 Acts, 1933. — Chap. 174. 

Item 

424 For clerical and other assistance for the board of con- 

ciliation and arbitration, a sum not exceeding 
fourteen thousand seven hundred and twenty 
dollars . .... $14,720 00 

425 For personal services of investigators, clerks and 

stenographers for the minimum wage service, a 
sum not exceeding fourteen thousand six hundred 
and eighty dollars 14,680 00 

426 For compensation and expenses of wage boards, a 

smn not exceeding fifteen himdred dollars . . 1,500 00 

427 For personal services for the division of standards, a 

sum not exceeding twenty-nine thousand nine 

hundred and twenty dollars .... 29,920 00 

430 For rent, necessary office suppUes and equipment for 

the free employment oflBces, a sum not exceeding 
eleven thousand three hundred and seventy-five 
dollars 11,375 00 

431 For services other than personal, travehng expenses, 

office suppUes and equipment for the division on 
necessaries of Ufe, a sum not exceeding one thou- 
sand dollars 1,000 00 

432 For other services, printing, traveUng expenses and 

office supplies and equipment for the board of con- 
ciUation and arbitration, a sum not exceeding 
thirty-six himdred and twenty-five dollars . . 3,625 00 

433 For services other than personal, printing, traveling 

expenses and office suppUes and equipment for 
minimum wage service, a sum not exceeding forty- 
two hundred and twenty-five dollars . . 4,225 00 

434 For other services, printing, traveling expenses and 

office supplies and equipment for the division of 
standards, a sum not exceeding sixteen thousand 
eight hundred and seventy-five dollars . . 16,875 00 

Total $395,850 00 

Massachusetts Industrial and Development Commission: 

435 For personal services, including the employment of 

experts for services authorized under section nine 
B of chapter twenty-three of the General Laws, as 
appearing in the Tercentenary Edition thereof, for 
the period ending May thirty-first of the current 
year, upon which date all functions of this com- 
mission shall cease, a sum not exceeding forty- 
eight hundred and fifty doUars . . . . $4,850 00 

436 For other services and expenses, including office sup- 

pUes and travel, a sum not exceeding fifteen hun- 
dred doUars 1,500 00 

Total $6,350 00 

Service of the Department of Mental Diseases. 

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

ceeding ninety-fom- hundred and sixty-seven dol- 
lars . $9,467 00 

438 For personal services of officers and employees, a 

sum not exceeding one hundred seventeen thou- 
sand five hundred dollars . . . . 117,500 00 

439 For transportation and medical examination of state 

charges under its charge for the present year and 
previous years, a sum not exceeding fourteen 
thousand dollars _ . 14,000 00 

440 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 three thousand dollars . 3,000 00 



Acts, 1933. — Chap. 174. 279 

Item 

441 For the support of state charges in the Hospital Cot- 

tages for Children, a sum not exceeding fifteen 

thousand six hundred dollars .... $15,600 00 

442 For other services, including printing the annual re- 

port, traveUng expenses and office supplies and 
equipment, a smn not exceeding seventeen thou- 
sand nine hundred dollars .... 17,900 00 



Total $177,467 00 

Division of Mental Hygiene : 

443 For the expenses of investigating the nature, causes 

and results of mental diseases and defects and the 
pubUcation of the results thereof; and of what 
further preventive or other measures might be 
taken and what further expenditures for investi- 
gation might be made which would give promise 
of decreasing the number of persons afflicted with 
mental diseases or defects; and for making a sur- 
vey of the feeble-minded within the common- 
wealth and an estimate of the number requiring 
hospital or custodial care or training such as the 
institutions for the feeble-minded are especially 
equipped to give, a sum not exceeding eighty- 
seven thousand two hundred and eighty dollars, 
the same to be in addition to any amount hereto- 
fore appropriated for the purpose . . . $87,280 00 

Psychiatric examinations: 

444 For services and expenses of psychiatric examina- 

tions of prisoners for the period ending May 
thirty-first of the cm-rent year, upon which date 
all functions provided for by this item shall cease, 
a sum not exceeding thirty thousand dollars . $30,000 00 

For the maintenance of and for certain improve- 
ments at the following institutions under the 
control of the Department of Mental Diseases: 

445 Boston psychopathic hospital, a sum not exceeding 

two hundred twelve thousand four hundred and 

fifty dollars $212,450 00 

446 Boston state hospital, a sum not exceeding seven 

hundred thirty-six thousand two hundred and 

fifty dollars 736,250 00 

447 Danvers state hospital, a sum not exceeding six 

hundred thirty-five thousand eight hundred and 

fifty dollars . 635,850 00 

448 Foxborough state hospital, a sum not exceeding 

three himdred sixty-four thousand nine hundred 

dollars . . 364,900 00 

449 For expenses of boiler settings and other improve- 

ments in the boiler room at the Foxborough state 
hospital, a sum not exceeding three thousand 
dollars . 3,000 00 

450 Gardner state colony, a sum not exceeding four hun- 

dred nineteen thousand seven hundred dollars . 419,700 00 

451 Grafton state hospital, a sum not exceeding four 

hundred sixty-three thousand three hundred dol- 
lars . . 463,300 00 

452 Medfield state hospital, a sima not exceeding five 

hundred thirty-seven thousand eight hundred and 

fifty dollars . 537,850 00 

453 MetropoUtan state hospital, a sum not exceeding 

three hundred fifty-two thousand three hundred 

dollars 352,300 00 



280 Acts, 1933. — Chap. 174. 

Item 

454 Northampton state hospital, a sum not exceeding 

four hundred forty-three thousand three hundred 

and fifty dollars . ... . $443,350 00 

455 Taunton state hospital, a sum not exceeding four 

hundred sixty-five thousand six hundred dollars . 465,600 00 

456 Westborough state hospital, a sum not exceeding 

four hundred sixty-six thousand dollars . . 466,000 00 

457 For the expense of purchasing and installing electric 

refrigeration units at the Westborough state hos- 
pital, a sum not exceeding nine thousand dollars . 9,000 00 

458 Worcester state hospital, a sum not exceeding seven 

hundred eighteen thousand one hundred and fifty 

dollars . 718,150 00 

459 Monson state hospital, a sum not exceeding four 

hundred thirty-nine thousand five hundred and 

fifty dollars . . 439,550 00 

460 Belchertown state school, a sum not exceeding three 

hundred seventy-six thousand one hundred dollars 376,100 00 

461 Walter E. Fernald state school, a sum not exceeding 

five hundred fdrty-one thousand one hundred 

dollars . . 541,100 00 

462 Wrentham state school, a sum not exceeding four 

hundred forty-eight thousand nine hundred and 

fifty dollars 448,950 00 

Total $7,633,400 00 

Service of the Department of Correction. 

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

ceeding fifty-six hundred and eighty dollars . $5,680 00 

464 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-seven thousand seven hundred 
and eighty dollars . . 77,780 00 

465 For services other than personal, including printing 

the annual report, necessary office supplies and 
equipment, a sum not exceeding seven thousand 
dollars 7,000 00 

466 For travehng expenses of officers and employees of 

the department when required to travel in the dis- 
charge of their duties, a sum not exceeding ten 
thousand one hundred dollars .... 10,100 00 

467 For the removal of prisoners, to and from state 

institutions, a sum not exceeding sixty-one hun- 
dred dollars . . . , . . . 6,100 00 

468 For assistance to discharged prisoners, a sum not 

exceeding seven hundred dollars . . . 700 00 

469 For the expense of the service of what is known as 

the central index, a sum not exceeding one thou- 
sand dollars 1,000 00 

Total $108,360 00 

Division of Research for the Prevention of Crime: 

470 For expenses of the division hereby authorized, a 

sum not exceeding seventeen thousand four hun- 
dred dollars; provided, that the persons em- 
ployed hereunder shall not be subject to civil serv- 
ice laws or the rules and regulations made there- 
under $17,400 00 

For the maintenance of and for certain improve- 
ments at the following institutions under the 
control of the Department of Correction: 

471 State farm, a sum not exceeding six hundred four 

thousand seven hundred and forty dollars . . $604,740 00 



Acts, 1933. — Chap. 174. 281 

Item 

472 For the cost of an engineering study relative to gen- 

erating or supplying electric power to the state 

farm, a sum not exceeding two thousand dollars . $2,000 00 

473 For the cost of installing water mains for fire protec- 

tion at the state farm, a sum not exceeding four- 
teen thousand four hundred dollars . . . 14,400 00 

474 (This item omitted.) 

475 State prison, a sum not exceeding three hundred 

sixty-four thousand eight hundred and fifty dol- 
lars, including twenty-nine dollars to reimburse 
Edward Loring, an employee at the prison, for 
injuries received and clothing destroyed in the 
performance of his duty . . . . 364,850 00 

476 Massachusetts reformatory, a sum not exceeding 

three hundred ninety-six thousand three hundred 

and fifty dollars . . . . . . 396,350 00 

477 Prison camp and hospital, a sum not exceeding fifty- 

three thousand two hundred and fifty dollars . 53,250 00 

478 Reformatory for women, a sum not exceeding one 

hundred sixty-two thousand eight hundred and 

twenty dollars 162,820 00 

479 For the town of Framingham, according to a con- 

tract for sewage disposal at the reformatory for 

women, the sum of six hundred dollars . . 600 00 

480 State prison colony, a sum not exceeding two hun- 

dred sixty-four thousand nine hundred dollars . 264,900 00 
480a For the construction and furnishing of a dormitory 
unit at the state prison colony, a sum not exceed- 
ing one hundred forty thousand dollars. In an- 
ticipation of the completion of this dormitory, the 
commissioner of correction, upon the receipt of 
such sum of money as represents a fair reim- 
bursement of the commonwealth for the damages 
for condemnation of property, is hereby author- 
ized to convey the land and buildings located at 
the prison camp and hospital in the town of Rut- 
land to the metropoHtan district water supply 
commission ....... 140,000 00 

481 For the construction of a cow barn and dairy unit 

at the state prison colony, a sum not exceeding 

thirty-five thousand dollars .... 35,000 00 

Total $2,038,910 00 

Service of the De'parlmenl of Public Welfare. 
Administration : 

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

ceeding sixty-six hundred and twenty-seven dollars $6,627 00 

483 For personal ser\'ices of officers and employees and 

supervision of homesteads and planning boards, a 
sum not exceeding forty-two thousand six hun- 
dred and eighty dollars 42,680 00 

484 For ser^dces other than personal, printing the annual 

report, traveling expenses, including expenses of 
auxiliary visitors, office supplies and expenses, and 
contingent expenses for the supervision of home- 
steads and planning boards, a sum not exceeding 
fifty-seven hundred dollars .... 5,700 00 

Total $55,007 00 

Division of Aid and Relief: 

485 For personal services of officers and employees, a 

sum not exceeding one hundred seventy-six thou- 
sand and eighty dollars; provided, that the em- 



282 Acts, 1933. — Chap. 174. 

Item 

ployment of persons authorized under item I of 
chapter sixty-nine of the acts of nineteen hundred 
and thirty-two may be continued, and shall not be 
subject to civil service laws or the rules and regu- 
lations made thereunder $176,080 00 

486 For services other than personal, including travehng 

expenses and office supplies and equipment, a sum 
not exceeding thirty-one thousand nine hundred 
dollars 31,900 00 

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 unexpended balances of appropria- 
tions made for the purpose in the previous year : 

487 For the payment of suitable aid to mothers with 

dependent children, a sum not exceeding one 

milHon one hundred thousand dollars . . 1,100,000 00 

488 For the burial by cities and towns of indigent persons 

who have no legal settlement, a sum not exceed- 
ing nine thousand dollars .... 9,000 00 

489 For expenses in connection with smallpox and other 

diseases dangerous to the public health, a sum not 
exceeding one hundred twenty-nine thousand 
dollars 129,000 00 

490 For the support of sick indigent persons who have 

no legal settlement, a sum not exceeding one hun- 
dred nineteen thousand dollars 119,000 00 

491 For temporary aid given to indigent persons with no 

legal settlement, and to shipwrecked seamen by 
cities and towns, and for the transportation of 
indigent persons under the charge of the depart- 
ment, a sum not exceeding three million eight 
hundred and twenty-five thousand dollars . . 3,825,000 00 

Old age assistance: 

492 For personal services required for the administra- 

tion of old age assistance provided by chapter one 
hundred and eighteen A of the General Laws, as 
amended by section three of chapter two hundred 
and fifty-nine of the acts of nineteen hundred and 
thirty-two, a sum not exceeding eighty-one thou- 
sand five hundred and twenty dollars . . 81,520 00 

493 For other expenses, including rent, travel, office sup- 

pUes and other necessary expenses, required for 
the administration of old age assistance provided 
by said chapter one hundred and eighteen A, a sum 
not exceeding twenty-three thousand seven hun- 
dred dollars 23,700 00 



Total $5,495,200 00 

Division of Child Guardianship: 

494 For personal services of officers and employees, a 

sum not exceeding one hundred ninety-nine thou- 
sand seven hundred dollars .... $199,700 00 

495 For services other than personal, office supplies and 

equipment, a sum not exceeding forty-four hun- 
dred dollars 4,400 00 

496 For tuition in the public schools, including trans- 

portation to and from school, of children boarded 
by the department, for the present and previous 
years, a sum not exceeding three hundred thousand 
dollars 300,000 00 



Acts, 1933. — Chap. 174. 283 

Item 

497 For the care and maintenance of children, for the 
present and previous years, a sum not exceeding 
one million two hundred seventy-eight thousand 
six hundred dollars $1,278,600 00 



Total $1,782,700 00 

Division of Juvenile Training, Trustees of Massa- 
chusetts Training Schools: 

498 For services of the secretary and certain other per- 

sons employed in the executive office, a sum not 

exceeding fourteen thousand and forty dollars $14,040 00 

499 For services other than personal, incluchng printing 

the annual report, travehng and other expenses 
of the members of the board and employees, office 
suppUes and equipment, a sum not exceeding 
thu-ty-four hundred dollars .... 3,400 00 

Boys' Parole: 

500 For personal services of agents in the division for boys 

paroled and boarded in famihes, a sum not ex- 
ceeding thirty-eight thousand four hundred and 
sixty dollars 38,460 00 

501 For services other than personal, including travehng 

expenses of the agents and boys, and necessary 
office suppUes and equipment, a sum not exceeding 
twenty-one thousand dollars .... 21,000 00 

502 For board, clothing, medical and other expenses 

incidental to the care of boys, a sum not exceeding 
twenty-seven thousand dollars .... 27,000 00 

Girls' Parole: 

503 For personal services of agents in the division for 

girls paroled from the industrial school for girls, a 
sum not exceeding thirty-one thousand six hun- 
dred and twenty dollars ..... 31,620 00 

504 For travehng expenses of said agents for girls 

paroled, for board, medical and other care of girls, 
and for services other than personal, office supphes 
and equipment, a sum not exceeding eighteen 
thousand three hundred dollars . . . 18,300 00 

Tuition of children: 

505 For reimbursement of cities and towns for tuition of 

children attending the public schools, a sum not 

exceeding eighty-five hundred dollars . . 8,500 00 



Total $162,320 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: 

506 Industrial school for boys, a sum not exceeding one 

hvmdred forty-five thousand seven hundred dollars $145,700 00 

507 Indiistrial school for girls, a sum not exceeding one 

hundred thirty-one thousand seven hundred and 

fifty dollars 131,750 00 

508 Lyman school for boys, a sum not exceeding two 

hundred eight thousand two hundred dollars . 208,200 00 



Total $485,650 00 

Massachusetts Hospital School: 
509 For the maintenance of the Massachusetts hospital 
school, to be expended with the approval of the 



284 Acts, 1933. — Chap. 174. 

Item 

trustees thereof, a sum not exceeding one hundred 
seventy-five thousand six hundred and sixty dol- 
lars $175,660 00 

State Infirmary: 

510 For the maintenance of the state infirmary, to be 

expended with the approval of the trustees thereof, 
a sum not exceeding nine hundred thirty-six 
thousand seven hundred dollars . . . $936,700 00 

511 For expense of retubing and repairing certain boilers, 

a sum not exceeding four thousand dollars, the 
same to be in addition to any unexpended balance 
of an appropriation heretofore made for the pur- 
pose 4,000 00 

511a For construction of new filter beds, a sum not ex- 
ceeding twenty thousand dollars . . 20,000 00 

Total $960,700 00 

Service of the Department of Public Health. 

Administration: 

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

ceeding seventy-one hundred dollars . . $7,100 00 

513 For personal services of the health council and office 

assistants, a sum not exceeding eighteen thousand 

five hundred and forty dollars . . . . 18,540 00 

514 For services other than personal, including printing 

the annual report, travehng expenses, office sup- 
pUes and equipment, a sum not exceeding eleven 
thousand and twenty-five dollars . . 11,025 00 

Service of Adult Hygiene (cancer) : 

515 For personal services of the division, including cancer 

clinics, a sum not exceeding forty-two thousand 

seven hundred dollars ..... 42,700 00 

516 For other expenses of the division, including cancer 

chnics, a sum not exceeding thirty-three thousand 

and fifty dollars 33,050 00 

Service of Child Hygiene; 

517 For personal services of the director and assistants, 

a sum not exceeding thirty-three thousand five 

hundred dollars ...... 33,500 00 

518 For services other than personal, traveling expenses, 

office supplies and equipment, a sum not exceeding 

fourteen thousand four hundred dollars 14,400 00 

Service of Maternal and Child Hygiene: 

519 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-one thousand eight hundred and 
fifty dollars 21,850 00 

520 For other expenses for extending the activities of the 

division in the protection of mothers and conser- 
vation of the welfare of children, a sum not 
exceeding ninety-two hundred dollars 9,200 00 

Division of Communicable Diseases: 

521 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 seventy thousand two 
hundred and forty dollars 70,240 00 



Acts, 1933. — Chap. 174. 285 

Item 

522 For services other than personal, traveling expenses, 

laboratory, office and other necessary suppUes, 
including the purchase of animals and equipment, 
and rent of certain offices, a sum not exceeding 
fifteen thousand and seventy-five dollars . . $15,075 00 

Venereal Diseases: 

523 For personal services for the control of venereal 

diseases, a sum not exceeding thirteen thousand 

and eighty dollars 13,080 00 

524 For services other than personal, traveling expenses, 

office supplies and equipment, a sum not exceeding 
twenty-eight thousand dollars .... 28,000 00 

Wassermann Laboratory: 

525 For personal services of the Wassermann laboratory, 

a sum not exceeding sixteen thousand two hun- 
dred dollars 16,200 00 

526 For expenses of the Wassermann laboratory, a sum 

not exceeding five thousand dollars . . 5,000 00 

Antitoxin and Vaccine Laboratories: 

527 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 sixty- 
eight thousand four hundred and twenty dollars 68,420 00 

528 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-four thousand five hundred dol- 
lars 34,500 00 

Inspection of Food and Drugs: 

529 For personal services of the director, analysts, in- 

spectors and other assistants, a sum not exceeding 
forty-nine thousand seven hundred and forty dol- 
lars . , 49,740 00 

530 For other services, including traveling expenses, sup- 

phes, materials and equipment, a sum not exceed- 
ing eleven thousand and fifty dollars . . 11,050 00 

Shellfish Enforcement Law: 

531 For personal services for administering the law rela- 

tive to shellfish, a sum not exceeding eighteen 

hundred and forty dollars .... 1,840 00 

532 For other expenses for administering the law relative 

to shellfish, a sum not exceeding one thousand 

dollars 1,000 00 

Water Supply and Disposal of Sewage, Engineer- 
ing Division: 

533 For personal services of the director, engineers, clerks 

and other assistants, a sum not exceeding sixty- 
four thousand eight hundred and forty dollars . 64,840 00 

534 For other services, including traveling expenses, sup- 

phes, materials and equipment, a sum not exceed- 
mg seventeen thousand one hundred and fifty 
dollars 17,150 00 

Water Supply and Disposal of Sewage, Division 
of Laboratories: 

535 For personal services of laboratory director, chem- 

ists, clerks and other assistants, a sum not exceed- 
ing forty-one thousand and twenty dollars . 41,020 00 



286 Acts, 1933. — Chap. 174. 

Item 

536 For other services, including traveling expenses, sup- 
plies, materials and equipment, a sum not exceed- , 
ing seventy- two hundred dollars . . . $7,200 00 



Total $635,720 00 

Division of Tuberculosis: 

537 For personal services of the director, stenographers, 

clerks and other assistants, a sum not exceeding 
thirty-four thousand five hundred and forty dol- 
lars $34,540 00 

538 For services other than personal, including printing 

the annual report, traveUng expenses and office 
supphes and equipment, a sum not exceeding 
fifty-three hundred and fifty dollars . . 5,350 00 

539 To cover the payment of certain subsidies for the 

maintenance of hospitals for tubercular patients, 
a sum not exceeding four hundred five thousand 
dollars 405,000 00 

540 For personal services for certain children's cUnics for 

tuberculosis, a sum not exceeding fifty-five thou- 
sand five hundred dollars. .... 55,500 00 

541 For other services for certain children's chnics for 

tuberculosis, a sum not exceeding thirty-one thou- 
sand two hundred dollars .... 31,200 00 



Total $531,590 00 

For the maintenance of and for certain improve- 
ments at the sanatoria, as follows: 

542 Lakeville state sanatorium, a sum not exceeding two 

hundred fifty-eight thousand nine hundred and 

fifty dollars $258,950 00 

543 North Reading state sanatorimn, a sum not exceed- 

ing two hundred nineteen thousand six hundred 

and fifty dollars . . . . . . 219,650 00 

544 Rutland state sanatorium, a sum not exceeding two 

hundred eighty-one thousand one hundred and 

fifty dollars . . . . . . 281,150 00 

545 Westfield state sanatorium, a sum not exceeding two 

hundred twenty-eight thousand nine hundred and 

sixty-five dollars 228,965 00 

Total $988,715 00 

Pondville Cancer Hospital: 
54() For maintenance of the Pondville cancer hospital, 
including care of radium, a sum not exceeding two 
hundred thirtj' thousand two hundred and fifty 
dollars $230,250 00 

Service of the Department of Public Safety. 

Administration : 

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

ceeding fifty-six hundred and eighty dollars . $5,680 00 

548 For personal services of clerks and stenographers, a 

sum not exceeding eighty thousand four hundred 

and eighty dollars 80,480 00 

549 For contingent expenses, including printing the an- 

nual 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 administer- 
ing the law regulating the sale and resale of tickets 
to theatres and other places of public amusement 



Acts, 1933. — Chap. 174. 287 

Item 

by the department of public safety, a sum not 

exceeding fifty thousand dollars . . . $50,000 00 

Division of State Pohce: 

550 For the salaries of officers, including detectives, a 

sum not exceeding four hundred seven thousand 
six hundred dollars, of which sum not more than 
one hundred and forty thousand dollars may be 
charged to the Highway Fund .... 407,600 00 

551 For personal services of civihan employees, a sum 

not exceeding sixty-three thousand five hundred 

and fifty dollars . . . . . 63,550 00 

552 For other necessary expenses of the uniformed divi- 

sion, including traveUng expenses of detectives, a 
sum not exceeding three hundred fifty thousand 
doUars, of which siun not more than one hundred 
fifty-six thousand nine hundred dollars may be 
charged to the Highway Fund . . . . 350,000 00 

553 For maintenance and operation of the police steamer, 

a sum not exceeding forty-five hundred and fifty- 
four dollars ....... 4,554 00 

554 For personal services, rent, suppUes and equipment 

necessary in the enforcement of provisions of law 
relative to explosives and inflammable fluids and 
compounds, a sum not exceeding thirteen thou- 
sand six hundred and forty dollars . . 13,640 00 

Division of Inspections: 

555 For the salary of the chief of inspections, a sum not 

exceeding thirty-eight hundred and forty dollars 3,840 00 

556 For the salaries of officers for the building inspection 

service, a sum not exceeding fifty-two thousand 

eight hundred and sixty dollars . . 52,860 00 

557 For travehng expenses of officers for the building 

inspection service, a sum not exceeding eleven 

thousand one hundred and sixty dollars . . 11,160 00 

558 For the salaries of officers for the boiler inspection 

service, a sum not exceeding sixty-four thousand 

five hundred and twenty dollars . . 64,520 00 

559 For traveUng expenses of officers for the boiler in- 

spection service, a sum not exceeding sixteen 

thousand seven hundred dollars 16,700 00 

560 For services, suppUes and equipment necessary 

for investigations and inspections by the division, 

a sum not exceeding nine hundred dollars . . 900 00 

Board of Elevator Regulations: 

561 For expenses of the board, a sum not exceeding one 

hundred and forty dollars .... 140 00 

Board of Boiler Rules: 

562 For personal services and other expenses of members 

of the board, including necessary traveUng ex- 
penses, office suppUes and equipment, a sum not 
exceeding five hundred dollars .... 500 00 

563 (This item consolidated with Item 562.) 



Total $1,126,124 00 

Fire Prevention Service: 

564 For the salary of the state fire marshal, a sum not 

exceeding thirty-eight hundred and forty dollars $3,840 00 

565 For personal services of fire inspectors and others, a 

sum not exceeding thirty-nine thousand six hun- 
dred and five dollars 39,605 00 



288 Acts, 1933. — Chap. 174. 

Item 

566 For traveling expenses of fire inspectors, a sum not 

exceeding thirteen thousand seven hundred dollars $13,700 00 

567 For other services, ofhce rent and necessary office 

supplies and equipment, a sum not exceeding 

forty-three hundred and fifty dollars . . 4,350 00 



Total $61,495 00 

State Boxing Commission: 

568 For compensation and clerical assistance for the state 

boxing commission, a sum not exceeding thirteen 

thousand six hundred and twenty dollars . . $13,620 00 

569 For other expenses of the commission, a sum not 

exceeding twelve thousand dollars . . . 12,000 00 

Total . $25,620 00 

Service oj 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 : 

570 For the salaries of the commissioner and the asso- 

ciate commissioners, a sum not exceeding eighteen 

thousand four hundred and sixty dollars . . $18,460 00 

571 For personal services of clerks and assistants to the 

commissioner, a sum not exceeding eighty-seven 

hundred and fifty dollars . . . . . 8,750 00 

572 For traveling expenses of the commissioners, a sum 

not exceeding seventeen hundred and forty dollars 1,740 00 

Total $28,950 00 

Functions of the department relating to highways 
(the following appropriations, except as other- 
wise provided, are made from the Highway 
Fund) : 

573 For the personal services of the chief engineer, engi- 

neers and office assistants, including certain clerks 
and stenographers, a sum not exceeding eighty- 
nine thousand three hundred and twenty dollars $89,320 00 

574 For services other than personal, including printing 

pamphlet of laws and the annual report, and nec- 
essary office suppUes and equipment, a sum not 
exceeding ten thousand three hundred dollars . 10,300 00 

575 For the suppression of gypsy and brown tail moths 

on state highways, a sum not exceeding twelve 

thousand dollars . . . . . . 12,000 00 

576 For the construction and repair of town and county 

ways, a sum not exceeding two million six hun- 
dred thousand dollars .... 2,600,000 00 

577 For aiding towns in the repair and improvement of 

public ways, a sum not exceeding nine hundred 

ninety thousand dollars . . . . 990,000 00 

578 For the maintenance and repair of state highways, 

including care of snow on highways, expenses of 
traffic signs and lights, and jmyment of damages 
caused by defects in state highways, with the 
approval of the attorney general; for care and 
repair of road-building machinery; and for the 
purchase and improvement of a nursery for road- 
side planting, a sum not exceeding two million 
seven hundred ten thousand dollars . . . 2,710,000 00 
578a For the maintenance and operation of the new pubhc 
works building, a sum not exceeding forty thou- 
sand dollars 40,000 00 



Acts, 1933. — Chap. 174. 289 

Item 

579 For the purpose of enabling the department of public 

works to secure federal aid for the construction of 
highways, a sum not exceeding five hundred 
twenty-five thousand dollars, and in addition there 
is hereby transferred the sum of seven hundred 
twenty-five thousand dollars from the appropria- 
tion previously made for the elimination of grade 
crossings . . . . . . . $525,000 00 

580 For administering the law relative to advertising 

signs near highways, a sum not exceeding fourteen 
thousand seven hundred and twenty dollars, to be 
paid from the General Fund .... 14,720 00 

Registration of Motor Vehicles: 

581 For personal services, a sum not exceeding nine hun- 

dred thirty thousand two hundred dollars, of 
which sum ten thousand dollars may be charged to 
the General Fund, and the remainder shall be paid 
from the Highway Fund . . . . . 930,200 00 

582 For services other than personal, including traveling 

expenses, purchase of necessary sujjplies and ma- 
terials, including cartage and storage of the same, 
and for work incidental to the registration and 
licensing of owners and operators of motor vehi- 
cles, a sum not exceeding five hundred forty-three 
thousand five hundred and fifty dollars, to be paid 
from the Highway Fund 543,550 00 

583 For printing and other expenses necessary in con- 

nection with publicity for certain safety work, a 
sum not exceeding one thousand dollars, to be 
paid from the Highway Fund .... 1,000 00 



Total $8,466,090 00 

Specials : 

584 (This item omitted.) 

585 For certain highway improvements in the city of 

Revere, as authorized by chapter four hundred 
and forty-five of the acts of nineteen hundred and 
thirty-one, as amended by chapter two hundred 
and fifty-eight of the acts of nineteen hundred and 
thirty-two, a sum not exceeding five hundred and 
fifty thousand dollars, to be paid from the High- 
way Fund and to be in addition to the unexpended 
balance of anj' appropriation heretofore made for 
the purpose and to be in anticipation of a further 
appropriation in nineteen hundred and thirty- 
three sufficient to complete the work authorized by 
said chapters. The department of public works 
is hereby authorized to make contracts and incur 
expenses within the total sum of one milHon three 
hundred fifty-five thousand dollars authorized by 
said chapters $550,000 00 

586 There is hereby added to the sum appropriated in 

nineteen hundred and thirty-two for land damages 
and other expenses incidental to the laying out of 
a state highway extending from Alewife Brook 
parkway in the city of Cambridge through said 
city and certain towns, including Concord, as 
authorized by chapter three hundi'ed and two of 
the acts of nineteen hundred and thirty-two, a 
sum not exceeding one hundred thirty thousand 
dollars, to be paid from the Highway Fund . 130,000 00 



Total $680,000 GO 



290 Acts, 1933. — Chap. 174. 

Item 

Functions of the department relating to water- 
ways and public lands: 

587 For personal services of the chief engineer and assist- 

ants, a sum not exceeding fifty thousand six hun- 
dred dollars . . . . . . . $50,600 00 

588 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 seventeen hun- 
dred dollars . . . . . . 1,700 00 

589 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 forty-seven hundred dollars . 4,700 00 

590 For the maintenance of structures, and for repairing 

damages along the coast line or river banks of the 
commonwealth, and for the removal of wrecks and 
other obstructions from tide waters and great 
ponds, a sum not exceeding twenty-two thousand 
five hundred dollars . . . . . 22,500 00 

591 For the improvement, development and protection 

of rivers and harbors, tide waters and foreshores 
within the commonwealth, as authorized by sec- 
tion eleven of chapter ninety-one of the General 
Laws, as appearing in the Tercentenary Edition 
thereof, and of great ponds, a sum not exceeding 
twenty-five thousand dollars, and any unexpended 
balance 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 municipalities 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; and 
further provided that the department of public 
works may expend a sum not exceeding eight 
thousand dollars of the total appropriation for 
dredging near the state pier at New Bedford with- 
out any restriction as to contributions . . 25,000 00 

592 For re-establishing and permanently marking cer- 

tain triangulation points and sections, as required 
by order of the land court in accordance with sec- 
tion thirty-three of chapter ninety-one of the 
General Laws, as appearing in the Tercentenary 
Edition thereof, a sum not exceeding one thou- 
sand dollars . 1,000 00 

593 For expenses of surveying certain town boundaries, 

by the department of public works, a sum not 

exceeding five hundred dollars .... 500 00 

594 For the operation and maintenance of the New Bed- 

ford state pier, a sum not exceeding ten thousand 

dollars 10,000 00 

595 For the compensation of dumping inspectors, a sum 

not exceeding one thousand dollars . . 1,000 00 

596 For continuing the work in gauging the flow of water 

in the streams of the commonwealth, a sum not 

exceeding four thousand dollars . . . 4,000 00 

597 For the maintenance and repair of certain property 

in the town of Plymouth, a sum not exceeding 

thirty-eight hundred dollars .... 3,800 00 



Acts, 1933. — Chap. 174. 291 

Item 

The unexpended balance of the appropriation made 
by item six hmidied and thirty-eight of chapter 
two hundred and forty-five of the acts of nineteen 
hundred and thirty-one for certain work in the 
Taunton river, authorized by chapter four hun- 
dred and five of the acts of nineteen hundred 
and thirty, is hereby reappropriated. 

598 For the operation and maintenance of the Cape Cod 
Canal pier, a sum not exceeding thirty-five hun- 
dred dollars $3,500 00 

598a For the erection of buildings on the Cape Cod Canal 
pier, a sum not exceeding twelve thousand five 
hundred dollars 12,500 00 



Total $140,800 GO 

Functions of the department relating to Port of 
Boston (the following items are to be paid from 
the Port of Boston receipts) : 

599 For the supervision and operation of common- 

wealth pier five, including the salaries or other 
compensation of employees, and for the repair 
and replacement of equipment and other property, 
a sum not exceeding one hundred nine thousand 
six hundred dollars $109,600 00 

600 For the maintenance of pier one, at East Boston, a 

sum not exceeding seventy-seven hundred and 

eighty dollars . 7,780 00 

601 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 public lands, a sum not exceeding 
ninety-eight thousand two hundred dollars . 98,200 00 

602 For dredging channels and filling flats, a sum not 

exceeding fifty-five thousand dollars, the same to 
be in addition to any unexpended balance of the 
appropriation made for the purpose in the previ- 
ous year 55,000 00 

Total $270,580 00 

Service of the Department of Public Utilities. 

603 For personal services of the commissioners, a sum 

not exceeding thirty-four thousand and eighty 
dollars, of which sum one half shall be assessed 
upon the gas and electric companies in accordance 
with existing provisions of law .... $34,080 00 

604 For personal services of secretaries, employees of the 

accounting department, engineering department 
and rate and tariff department, a sum not exceed- 
ing thii'ty-one thousand one hundred and forty 
dollars, of which sum fifteen thousand five hun- 
dred and sevent}^ dollars shall be assessed upon the 
gas and electric companies in accordance with 
existing provisions of law .... 31,140 00 

605 For personal services of the inspection department, 

a sum not exceeding forty-one thousand four hun- 
dred and fifty dollars 41,450 00 

606 For personal services of clerks, messengers and 

ofiice assistants, a sum not exceeding twelve 
thousand two hundred and eighty dollars, of which 
sum one half shall be assessed upon the gas and 
electric companies in accordance with existing 
provisions of law ...... 12,280 00 



292 Acts, 1933. — Chap. 174. 

Item 

607 For personal services of the telephone and telegraph 

division, a sum not exceeding thirteen thousand 

three hundred and thirty dollars . . . $13,330 00 

608 For stenographic reports of hearings, a sum not ex- 

ceeding twenty-five hundred dollars . . . 2,500 00 

609 For traveling expenses of the commissioners and em- 

ployees, a sum not exceeding fortj^-nine hundred 

and twenty-five dollars ..... 4,925 00 

610 For services other than personal, printing the annual 

report, office supplies and equipment, a sum not 

exceeding three thousand dollars ... . 3,000 00 

611 For stenographic reports of evidence at inquests held 

in cases of death by accident on or about railroads, 

a sum not exceeding twenty-five hundred dollars 2,500 00 



Total $145,205 00 

The following items are to be assessed upon the 
gas and electric companies: 

612 For personal services of the division of inspection of 

gas and gas meters, a sum not exceeding twenty 

thousand nine hundred dollars .... $20,900 00 

613 For expenses of the division of inspection of gas and 

gas meters, including office rent, traveling and 
other necessary expenses of inspection, a sum not 
exceeding four thousand dollars . . . 4,000 00 

614 For other services, printing the annual report, for 

rent of offices and for necessary office supplies and 
equipment, a sum not exceeding forty-three hun- 
dred and fifty dollars . ... . 4,350 00 

615 For the examination and tests of electric meters, a 

sum not exceeding two hundred and fifty dollars 250 00 



Total $29,500 00 

Special Investigations: 

616 For personal services and expenses of special investi- 

gations, including legal assistants as needed, a sum 
not exceeding ten thousand dollars, of which such 
sum as shall be expended in the investigation of 
gas and electric companies shall be assessed upon 
gas and electric companies in accordance with 
existing provisions of law .... $10,000 00 

Division of Smoke Inspection; 

The following items are to be assessed upon the 
cities and towns comprising the district de- 
fined by chapter six hundred and fifty-one of 
the acts of nineteen hundred and ten, and acts 
in amendment thereof or in addition thereto: 

617 For i^ersonal ser\dcete of the division for the period 

ending May thirty-first of the current year, upon 
which date all functions of this division shall cease, 
a sum not exceeding eighteen thousand two hun- 
dred and forty dollars $18,240 00 

618 For other services, printing the annual report, rent 

of offices, travel, and necessary office supplies and 
equipment, a sum not exceeding seven thousand 
dollars . . ... . 7,000 00 

618a For services and expenses in connection with the 
abatement of smoke in Boston and vicinity, under 
the direction and with the approval of the de- 
partment of public utihties, a sum not exceeding 
sixty-five hundred dollars .... 6,500 00 

Total $31,740 00 



Acts, 1933. — Chap. 174. 293 



Sale of Securities: 

619 For personal services in administering the law rela- 

tive to the sale of securities, a sum not exceeding 
thirty-three thousand eight hundred and forty 
dollars S33,840 00 

620 For expenses other than personal in administering 

the law relative to the sale of securities, a sum not 
exceeding eighty-three hundred and seventy-five 
dollars 8,375 00 



Total $42,215 00 

Miscellaneous. 

621 For the maintenance of Bunker Hill monument and 

the property adjacent, to be expended by the 
metropolitan district commission, a sum not ex- 
ceeding eleven thousand dollars . . . $11,000 00 

The following items are to be paid from the High- 
way Fund, with the approval of the Metro- 
politan District Commission: 

622 For maintenance of boulevards and parkways, a sum 

not exceeding five hundred forty-six thousand and 

forty dollars 546,040 00 

623 For resurfacing of boulevards and parkways, a sum 

not exceeding one hundred thousand dollars . 100,000 00 

624 For maintenance of Wellington bridge, a sum not 

exceeding forty-nine hundred and fifty-four dol- 
lars 4,954 00 

Total $661,994 00 

Unclassified Accounts and Claims. 

625 For the compensation of veterans of the civil war 

formerly in the service of the commonwealth, now 
retired, a sum not exceeding seventy-eight hun- 
dred dollars $7,800 00 

626 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, as appearing in the 
Tercentenary Edition thereof, a sum not exceed- 
ing twenty-three thousand dollars ... . 23,000 00 

627 For the compensation of certain prison officers and 

instructors formerly in the service of the common- 
wealth, now retired, a sum not exceeding fifty-two 
thousand dollars 52,000 00 

628 For the compensation of state police officers formerly 

in the service of the commonwealth, and now 
retired, a sum not exceeding thirty-five hundred 
and forty dollars 3,540 00 

629 For the compensation of certain women formerly 

employed in cleaning the state house, and now 

retired, a sum not exceeding nine hundred dollars 900 00 

Total $87,240 00 

For certain other aid: 

630 For the compensation of certain pubhc employees 

for injuries sustained in the course of their employ- 
ment, as provided by section sixty-nine of chapter 
one hundred and fifty-two of the General Laws, as 
appearing in the Tercentenary Edition thereof, a 
sum not exceeding sixty thousand dollars, of 
which sum not more than twenty thousand dollars 
may be charged to the Highway Fund . . $60,000 00 



294 Acts, 1933. — Chap. 174. 

Item 

631 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 
forty-five hundred and ninety-six dollars . . $4,596 00 

Total $64,596 00 

632 For reimbursing officials for premiums paid for pro- 

curing sureties on their bonds, as provided by 
existing laws, a sum not exceeding one hundred 
fifty dollars . . . . . . $150 00 

633 For payment of any claims, as authorized by section 

eighty-nine of chapter thirty-two of the General 
Laws, as appearing in the Tercentenary Edition 
thereof, for allowances to the families of members 
of the department of public safety doing poUce 
duty killed or fatally injured in the discharge of 
their duties, a sum not exceeding two thousand 
dollars 2,000 00 

634 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 five hundred dollars . . 500 00 

635 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 . . 500 00 

636 For the heirs-at-law or next of kin of John Kou- 

kourakis, as authorized by chapter twenty-eight 
of the resolves of nineteen hundred and twenty- 
nine, a sum not exceeding seven hundred sixty- 
nine dollars and sixty-five cents, payment of 
which shall be certified by the comptroller of the 
commonwealth only upon the fiUng by the attor- 
ney general of satisfactory releases or other evi- 
dence that the payment is accepted in full com- 
pensation on the part of the commonwealth in 
respect thereto ...... 769 65 

Total $3,919 65 

Deficiencies. 
For deficiencies in certain appropriations of previ- 
ous years, in certain items, as follows: 

Judicial Department. 

Probate and Insolvency Courts: 
For the compensation of judges of probate when act- 
ing outside their own counties for other judges of 
probate, the sum of forty-seven hundred and fifty- 
five dollars . . $4,755 00 

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 hun- 
dred and seventeen of the General Laws, as 
appearing in the Tercentenary Edition thereof, 
the sum of one hundred twenty-six dollars and 
thirty-two cents ...... 126 32 

Land Court. 
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, the sum of fifty dollars . . 50 00 



Item 



Acts, 1933. — Chap. 174. 295 

Militia. 

For transportation of officers and non-commissioned 
officers for attendance at military meetings, the 
sum of four hundred six dollars and sixty-four 
cents $406 64 

State Quartermaster. 
For the maintenance of armories of the first class, 
including the purchase of certain furniture, the 
sum of sixty-six dollars and fifty-eight cents . 66 58 

Secretary of the Commonwealth. 

For printing laws, etc.: 
For printing and distribution of the pamphlet edi- 
tion of the acts and resolves of the year nineteen 
hundred and thirty-two, the sum of forty dollars 
and ninety-four cents ..... 40 94 

Department of Agriculture. 
Division of Dairj^ing and Animal Husbandry: 
For other expenses, including the enforcement of the 
dairy laws of the commonwealth, the sum of forty 
dollars and fifty-eight cents .... 40 58 

Department of Conservation. 
Division of Animal Industry: 

For reimbursement of certain towns for compensa- 
tion paid to inspectors of animals, the sum of two 
hundred seventy-nine dollars and fifty-six cents . 279 56 

For travehng expenses of veterinarians and agents, 
including the cost of any motor vehicles purchased 
for their use, the sum of sixty-six dollars and 
twenty-five cents ...... 66 25 

Division of Forestry: 
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 and previous years, the sum of three 
hundred sixty-one dollars and twenty-six cents . 361 26 

Department of Education. 

For the education of deaf and bUnd pupils of the 
commonwealth, as provided by section twenty- 
six of chapter sixty-nine of the General Laws, the 
sum of twenty-one hundred seventy-five dollars 
and twenty-five cents ..... 2,175 25 

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, the sum of sixteen thousand four hundred 
fifty-seven dollars and sixty-nine cents . . 16,457 69 

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 twenty-five thousand six hundred 
seventy-seven dollars and thirty-one cents . 25,677 31 

For assisting small towns in providing themselves 
with school superintendents, as provided by law, 
the sum of twenty-two himdred thirty-two dollars 
and twenty-six cents ..... 2,232 26 

Division of the Blind: 
For expenses of providing sight-saving classes, with 
the approval of the division of the blind, the sum 
of five hundred seventy-five dollars . . . 575 00 



296 Acts, 1933. — Chap. 174. 



Item 



Department of Civil Service and Registration. 

Division of Registration: 
For services of the division other than personal, 
printing the annual reports, office supplies and 
equipment, except as otherwise provided, the sum 
of three hundred eighteen dollars and ten cents . $318 10 

Department of Correction. 
For traveUng expenses of officers and employees of 
the department when required to travel in the dis- 
charge of their duties, the sum of two hundred 
forty-four dollars and twenty-eight cents . . 244 28 

State Prison: 
For expenses of fire prevention work at the state 
prison, the sum of six hundred twenty-one dollars 
and twenty-eight cents . . . . . 621 28 

Department of Public Welfare. 
Division of Juvenile Training, Trustees of Massa- 
chusetts Training Schools: 
For reimbursement of cities and towns for tuition of 
children attending the public schools, the sum of 
one hundred thirty-two dollars and eighty-one 
cents 132 81 

Department of Public Works. 
Functions of the department relating to highways : 

For administering the law relative to advertising 
signs near highways, the sum of fifteen dollars and 
ei,ghty-two cents, to be paid from the General 
Fund 15 82 

For the construction and repair of town and 
county ways, the sum of sixty dollars and eighty- 
one cents, to be paid from the Highway Fund . 60 81 

For the maintenance and re[)air of state highways, 
including care of snow on highways, expenses of 
tra,ffic signs and lights, and payment of damages 
caused by defects in state highways, with the ap- 
proval of the attorney general; for care and repair 
of road-building machinery ; and for the purchase 
and improvement of a nursery for roadside plant- 
ing, the sum of forty dollars and sixty-four cents, 
to be paid from the Highway Fund ... 40 64 

For the purpose of enabling the department of public 
works to secure federal aid for the construction of 
highways, the sum of three dollars, to be paid 
from the Highway Fund ..... 3 00 

Registration of Motor Vehicles: 
For services other than personal, including traveling 
expenses, purchase of necessary supphes and mate- 
rials, including cartage and storage of the same, 
and for work incidental to the registration and 
licensing of owners and operators of motor vehi- 
cles, the sum of three dollars and eight cents, to be 
paid from the Highway Fund .... 3 08 

Functions of the department relating to water- 
ways and public lands : 
For the supervision and operation of commonwealth 
pier five, including the salaries or other compen- 
sation of employees, and for the repair and re- 
placement of eciuipment and other property, the 
sum of seventy-eight dollars and ninety-five cents, 
to be paid from the Port of Boston receipts . 78 95 



Acts, 1933. — Chap. 174. 297 

Item 

For dredging channels and filling flats, the sum of 
six hundred seventy- seven dollars and two cents, 
to be paid from the Port of Boston receipts . $677 02 

Unclassified Accounts and Claims. 
For payment of any claims, as authorized by section 
eighty-nine of chapter thirty-two of the General 
Laws, as appearing in the Tercentenary Edition 
thereof, for allowances to the families of members 
of the department of public safety doing police 
duty killed or fatally injured in the discharge of 
their duties, the sum of three hundred thirty dol- 
lars and sixty-two cents ..... 330 62 

Total $55,837 05 

Metropolitan District Commission. 
The following items are to be assessed upon the 
several districts in accordance \vith the methods 
fixed by law, unless otherwise provided, and to 
be expended under the direction and with the ap- 
proval of the metropolitan district commission : 

637 For maintenance of the Charles River basin, a sum 

not exceeding one hundred ninety-eight thousand 

seven hundred and forty-six dollars . . $198,746 00 

638 For maintenance of park reservations, a sum not 

exceeding eight hundred sixty-one thousand six 
hundred dollars, including a deficiency amounting 
to ten dollars 861,600 00 

639 For the expense of holding band concerts, a sum not 

exceeding twenty thousand dollars . . . 20,000 00 

640 For services and expenses of the division of metro- 

poUtan planning, as authorized by chapter three 
hundred and ninety-nine of the acts of nineteen 
hundred and twenty-three, a sum not exceeding 
eight thousand dollars ..... 8,000 00 

641 For maintenance of the Nantasket Beach reserva- 

tion, a sum not exceeding eighty-four thousand 

three hundred dollars . . . . . 84,300 00 

642 For maintenance of Wellington bridge, a sum not 

exceeding fourteen thousand eight hundred and 
sixty-two dollars, the same to be in addition to the 
amount appropriated in item six hundred and 
twenty-four ....... 14,862 00 

643 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-six thousand six hundred and forty-five 
dollars . . . . . . . 346,645 00 

644 For the maintenance and operation of a system of 

sewage disposal for the south metropolitan sewer- 
age district, a sum not exceeding two hundred 
thirty-two thousand five hundred and ten dollars 232,510 00 

645 For the maintenance and operation of the metro- 

politan water system, a sum not exceeding eight 
hundred fifty-one thousand eight hundred and 
eighty dollars, including retirement of soldiers 
under the provisions of the General Laws . . 851,880 00 

646 For the construction of additions and improvements 

to certain supply and distribution mains, as a part 
of the cost of maintenance of the metropolitan 
water system, a sum not exceeding two hundred 
fifty thousand dollars, the same to be in addition 
to any unexpended balance of an appropriation 
made for the purpose in the previous year . . 250,000 00 



298 



Acts, 1933. — Chap. 174. 



Item 
647 



For the purchase and installation of additional 
pumping equipment, as a part of the cost of main- 
tenance of the metropolitan water system, a sum 
not exceeding fifty thousand dollars, the same to 
be in addition to any unexpended balance of an 
appropriation made for the purpose in the previous 
year ........ 



Total 



$50,000 00 
$2,918,543 00 



General and Highway Funds 
MetropoUtan District Commission 



$54,790,181 52 
2,918,543 GO 



Modification 
of amounts of 
certain appro- 
priation items 
to accomplish 
salary re- 
ductions. 



Expenditures 
in excess of 
appropriations 
regulated. 



Appropriations 
for mainte- 
nance of certain 
institutions to 
include allow- 
ances. 



Expenditures 
for public 
buildings 
regulated. 



Copies of act 
to be sent to 
department 
heads. 



Allowances 
for board, etc. 
regulated. 



Section 3. Each sum expressed by section two to be 
available in whole or in part for personal services is hereby 
reduced by such amount as will make available for salaries 
and compensation so much only as is required for such 
salaries and compensation as reduced by chapter one hun- 
dred and five of the acts of the current year, entitled "An 
Act reducing the Salary or other Compensation of State 
Officers and Employees." The state comptroller, in setting 
up such items for personal services on the appropriation 
ledger in his bureau, shall take as the amounts appropri- 
ated therefor by this act the said sums as reduced as afore- 
said, and he shall forthwith notify each officer having 
charge of any office, department or undertaking which 
receives such an appropriation for personal services of the 
amount thereof as so set up. The division of personnel and 
standardization shall furnish, upon the request of the state 
comptroller, all necessary assistance in carrjang out the 
provisions of this section. 

Section 4. 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 5. The sums appropriated for maintenance of 
certain institutions include allowances for the purchase of 
coal to April first, nineteen hundred and thirty-four, and 
balance representing these sums may be carried forward 
at the end of the fiscal year. 

Section 6. No payment shall be made or obligation 
incurred under authority of any special appropriation made 
by this act for construction of pubfic buildings or other 
improvements at state institutions until plans and speci- 
fications have been approved by the governor, unless other- 
wise provided by such rules and regulations as the governor 
may make. 

Section 7. The budget commissioner is hereby directed 
to send a copy of sections four, six and eight of this act to 
each departmental, divisional and institutional head 
immediately following the passage of this act. 

Section 8. No expenses incurred on and after the date 
of the passage of this act for mid-day meals by state em- 



Acts, 1933. — Chaps. 175, 176. 



299 



ployees, other than those who receive as part of their 
compensation a non-cash allowance in the form of full or 
complete boarding and housing, and those employees who 
are stationed beyond commuting distance from their homes 
for a period of more than twenty-four hours, shall be 
allowed by the commonwealth. 

Section 9. This act shall take effect upon its passage. 

Approved May 9, 1933. 



An Act relative to the annual report of county 
treasurers. 

Be it enacted, etc., as follows: 

Section 1. Section twenty-five of chapter thirty-five of 
the General Laws, as appearing in the Tercentenary Edition 
thereof, is hereby amended by striking out all after the 
word "contain" in the fifth line down to and including the 
word "also" in the seventh line, — so as to read as follows: 
— Section 25. Immediately after January tenth, the 
county treasurer shall annually prepare a report of the 
county receipts and expenditures for the preceding year, 
stated separately under the heads prescribed by the director 
of accounts for keeping the treasurer's books. Such state- 
ment shall contain a table setting forth the appropriation 
made by the general court for each specific object, the 
amount expended therefrom, the unexpended balance 
thereof, and any excess of payments over said appropriation. 

Section 2. Section twenty-seven of said chapter thirty- 
five, as so appearing, is hereby amended by striking out, 
in the second and third lines, the words "in number suffi- 
cient to furnish a copy for every three hundred inhabitants 
of the county", and by striking out all after the word 
"county" in the fifth line down to and including the word 
"inhabitants" in the seventh line, — so as to read as fol- 
lows: — Section 27. The county treasurer shall cause such 
report to be printed and bound with his own report, and 
shall send a copy to the state library, to the director of 
accounts, and to the mayor of each city and the selectmen 
of each town in the county. He shall, at the close of each 
year, advertise in not more than three newspapers pub- 
lished in the same or an adjoining county an account of 
the county receipts and expenditures arranged under dis- 
tinct heads, and a specific statement of the county debts, 
the purposes for which incurred and their dates of maturity. 

Approved May 9, 1933. 



Chap. 17 5 



G. L. (Ter. 
Ed.). 35. § 25, 
amended. 



Annual report 
of county 
treasurers. 



G. L. (Ter. 
Ed.), 35. § 27, 
amended. 



Publication 
and distribu- 
tion of annual 
reports. 



An Act relative to the laying out of state highways 

ACROSS locations OF RAILROAD CORPORATIONS. 

Be it enacted, etc., as follows: 

Chapter one hundred and sixty of the General Laws is 
hereby amended by striking out section one hundred and 
four, as appearing in the Tercentenary Edition thereof, and 



Chap.l7Q 



G. L. (Ter. 
Ed.), 160, § 
104, amended. 



300 



Acts, 1933. — Chap. 177. 



When a high- 
way may be 
laid out across 
a railroad. 



inserting in place thereof the following: — Section 104- A 
public way may be laid out across a railroad previously 
constructed, if the county commissioners, or the depart- 
ment of public works in the case of a state highway, 
adjudge that public necessity and convenience so require; 
and in such case, after notice to the railroad corporation 
and a hearing of all parties interested, said commissioners 
or department, or a city or town by authority of the county 
commissioners granted upon petition of its board of alder- 
men or selectmen, may thus lay out a way across a railroad, 
in such manner as not to injure or obstruct the railroad, 
and otherwise in conformity with sections ninety-seven and 
ninety-eight. A public way shall not be permitted to cross 
at a level with the railroad unless it is determined by the 
department of public works, in the case of a state highway, 
or the county commissioners, in the case of any other public 
way, after notice to all persons interested and a hearing, 
that public necessity so requires, and the department of 
public utilities consents thereto in writing. A copy of the 
proceedings of the department of pubhc works in laying out 
a state highway under this section, including a copy of the 
plan of so much of said way as lies within the location of the 
railroad, shall be filed in the office of the county commission- 
ers of the county where such way is located. 

Approved May 9, 1933. 



ChaV Vll "^^ -^^"^ VALIDATING CERTAIN ACTS OF THE DEPARTMENT OF 
PUBLIC WORKS IN LAYING OUT AND CONSTRUCTING A STATE 
HIGHWAY ACROSS THE LOCATION OF THE BOSTON AND 
ALBANY RAILROAD COMPANY IN WORCESTER. 

Be it enacted, etc., as follows: 

The order of the department of public works dated 
November third, nineteen hundred and thirty-one, laying 
out a state highway in the city of Worcester across the 
location of the Boston and Albany Railroad Company at a 
point about six hundred feet northerly of Grafton street at 
station 2101 + 38.93 of the base line of the location of said 
railroad, said station being identical with station 114 + 
62.00 of the base line of the location of said state highway 
as appearing on a plan entitled "The Commonwealth of 
Massachusetts, Plan of Road in the city of Worcester, 
Worcester County, Laid out as a State Highway by the 
Department of Pubhc Works November 3, 1931, Scale 40 
feet to the inch, A. W. Dean, Chief Engineer," and also 
the construction of said state highway across the said rail- 
road location by means of an underpass sixty-four feet in 
width and its approaches, are hereby validated, ratified and 
confirmed in so far as either such layout or construction 
may be invalid by reason of any want of authority of said 
department; and all rights of owners of property, or their 
lessees, with reference to claims for damages on account 



Acts, 1933. — Chap. 178. 



301 



of said layout and/or construction are hereby declared not 
to be affected by any such want of authority ; and the time 
within which said owners, or their lessees, may petition the 
superior court for assessment of damages on account of said 
layout and/or construction is hereby extended for one year 
from the effective date of this act. 

Approved May 9, 1933. 



An Act establishing in the town of easthampton Chap. 17 8 

REPRESENTATIVE TOWN GOVERNMENT BY LIMITED TOWN 
MEETINGS. 



Be it enacted, etc., as follows: 

Section 1. There is hereby estabhshed in the town of 
Easthampton the form of representative town government 
by limited town meetings hereinafter set forth. 

Section 2. Upon the acceptance of this act by the town 
of Easthampton as hereinafter provided, the selectmen 
shall forthwith divide the territory thereof into voting 
precincts, each of which shall be plainly designated and 
shall contain not less than four hundred registered voters. 
The precincts shall be so estabhshed as to consist of com- 
pact and contiguous territory to be bounded, as far as pos- 
sible, by the center line of known streets and ways or by 
other well-defined limits. Their boundaries shall be re- 
viewed, and, if need be, wholly or partly revised, by the 
selectmen in December, once in five years, or in December 
of any year when so directed by a vote of a representative 
town meeting held not later than November twentieth of 
that year. 

The selectmen shall, within ten days after any estab- 
lishment or revision of the precincts, 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 pre- 
cincts 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 pre- 
cincts as established or revised from time to time, with the 
names and residences of the registered voters therein; and 
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 voting precincts 
and any revision of such precincts shall take effect upon the 
date of the filing of the report thereof by the selectmen with 
the town clerk. Whenever the precincts are established 
or revised, the town clerk shall forthwith give written 
notice thereof to the state secretary, stating the number 
and designation of the precincts. Meetings of the regis- 
tered voters of the several precincts, for elections, for 
primaries, and for voting upon any question to be submitted 
to all the registered voters of the town, shall be held on the 



Representative 
town govern- 
ment in East- 
hampton. 

Establishment 
of voting 
precincts. 



Report of 
selectmen 
upon estab- 
lishment, etc., 
of voting pre- 
cincts. 



302 



Acts, 1933. — Chap. 178. 



Elected 
town meeting 
members, 
election, 
terms, etc. 



Town meeting 
members 
at large. 



same day 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 chapters fifty to 
fifty-six, inclusive, of the General Laws relating to precinct 
voting at elections, so far as the same are not inconsistent 
with this act, shall apply to all elections and primaries in 
the town upon the establishment of voting precincts as 
hereinbefore provided. 

Section 3. Other than the officers designated in section 
four and in the by-laws of the town as town meeting mem- 
bers at large, the representative town meeting memlDcrship 
shall in each precinct consist of the largest number divisible 
by three, and which will not exceed four per cent of the 
registered voters in the precinct, and which will cause the 
total membership to be as nearly one hundred and eighty 
as may be. The registered voters in every precinct shall, 
at the first annual town election held after the estabHsh- 
ment of such precinct, and the registered voters of any 
precinct affected by any revision of precincts at the first 
annual town election following such 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 designated in section four 
and in the by-laws 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 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 year, from the day of the"^annual town meeting; in 
case of a tie vote affecting the division into thirds, as afore- 
said, 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, for the 
term of three years, one third of the number of elected town 
meeting members to which such precinct is entitled, and 
shall at such election fill for the unexpired term or terms any 
vacancy or vacancies then existing in the number of elected 
town meeting members in such precinct. The terms of 
office of all elected town meeting members from every pre- 
cinct revised as aforesaid shall cease upon the election as 
hereinbefore provided of their successors. The town clerk 
shall, after every election of town meeting members, forth- 
with notify each such member by mail of his election. 

Section 4. Any representative town meeting held under 
the provisions of this act, except as otherwise provided 
herein, shall be limited to the town meeting members 
elected under section three, together with the following 
town meeting members 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 treasurer, the town counsel, the chair- 



Acts, 1933. — Chap. 178. 



303 



man of the school committee, the chairman of the finance 
committee, the chairman of the board of assessors, the 
chairman of the board of pubhc works, and such other town 
meeting members at large as may be provided for by the 
by-laws of the town, and authority to adopt such by-laws 
is hereby conferred. 

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 qualifica- 
tions of their members. A majority of the town meeting 
members shall constitute a quorum for doing business; but 
a less number may organize temporarily and may adjourn 
from time to time, but no town meeting shall adjourn over 
the date of an election of town meeting members. All 
town meetings shall be public. The town meeting mem- 
bers as such shall receive no compensation. 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 resigna- 
tion shall take effect on 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 member 
who removes from the town shall cease to be a town meet- 
ing member, and a 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 5. Nomination of candidates for town meet- 
ing members to be elected under this act shall be made by 
nomination papers, which shall bear no political designa- 
tion, but to the name of a candidate for re-election there 
may be added the words "Candidate for Re-election." 
Nomination papers 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 at least ten days before the 
election. No nomination papers shall be vahd in respect 
to any candidate whose written acceptance is not thereon 
or attached thereto when filed. 

Section 6. The articles in the warrant for every town 
meeting, so far as they relate to the election of the moder- 
ator, town officers and town meeting members, and as herein 
provided, to referenda, and all matters to be acted upon 
and determined by ballot, shall be so acted upon and deter- 
mined by the registered voters of the town in their respective 
precincts. All other articles in the warrant for any town 
meeting shall be acted upon and determined 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 war- 



Notice of 

meetings. 



Resignation 
of town 
meeting 
member. 



Nomination 
of candidates 
for town 
meeting 
members. 



Articles in 
town warrant, 
how acted 
upon. 



304 



Acts, 1933. — Chap. 178. 



Moderator, 
election, etc. 



Vacancies, 
how filled. 



Certain votes 
of town 

meeting subject 
to referendum. 



rant for the meeting, subject to the referendum provided 
for by section nine. 

Section 7. A moderator shall be elected by ballot at 
each annual tov^rn 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 modera- 
tor pro tempore may be elected by the town meeting 
members. 

Section 8. Any vacancy in the full number of town 
meeting members from any precinct, whether arising from 
a failure of the registered voters thereof to elect, or from any 
other cause, may be filled, until the next annual election, 
by the remaining members of the precinct from among the 
registered voters thereof. Upon petition therefor, signed 
by not less than ten town meeting members from the pre- 
cinct, notice of any vacancy shall promptly be given by 
the town clerk to the remaining members from the pre- 
cinct in which the vacancy or vacancies exist, and he shall 
call a special meeting of such members for the purpose of 
filhng such vacancy or vacancies. He shall cause to be 
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 
majority of the members from such precinct shall consti- 
tute a quorum, and they shall elect from their own number 
a chairman and a clerk. The choice to fill any vacancy 
shall be by 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 
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 four. 

Section 9. A vote passed at any representative town 
meeting authorizing the expenditure of twenty thousand 
dollars or more as a special appropriation, or estabhshing 
a new board or office or abolishing an old board or office or 
merging two or more boards or offices, or fixing the term of 
office of town officers, where such term is optional, or in- 
creasing or reducing the number of members of a board, or 
adopting a new by-law, or amending an existing by-law, 
shall not be operative until after five days, exclusive of Sun- 
days and holidays, from the dissolution of the meeting. 
If, within said five days, a petition, signed by not less than 
five per cent of the 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 



Acts, 1933. — Chap. 178. 



305 



question or questions involved in such a vote be sub- 
mitted to the registered voters of the town at large, then 
the selectmen, after the expiration of five days, shall call a 
special meeting which shall be held within fourteen days 
after the issuing of the call, for the sole purpose of presenting 
to the registered voters at large the question or questions 
so involved. The polls shall be opened at two o'clock in 
the afternoon and shall be closed not earlier than eight 
o'clock in the evening, and all votes upon any questions 
so submitted shall be taken bj'' 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 a majority vote of the 
registered voters of the town voting thereon, but no action 
of the representative town meeting shall be reversed unless 
at least twenty per cent of the registered voters shall so 
vote. Each question so submitted shall be in the form of 
the following question, which shall be placed upon the 
official ballot: — "Shall the town vote to approve the action 
of the representative town meeting whereby it was voted 
(brief description of the substance of the vote)?" If such 
petition is not filed within said period of five days, the vote 
of the representative town meeting shall become operative 
and effective upon the expiration of said period. 

Section 10. The town, after the acceptance of this act, 
shall have the capacity to act through and to be bound by 
its 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 meeting, 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 organized and conducted before the establishment in 
said town of representative town meeting government. 

Section 11. This act shall not abridge the right of the 
inhabitants of the town to hold general meetings, as secured 
to them by the constitution of this commonwealth; nor 
shall this chapter confer upon any representative town 
meeting in said town the power finally to commit the town 
to any measure affecting its municipal existence or sub- 
stantially changing its form of government without action 
thereon by the voters of the town at large, using the ballot 
and the check list therefor. 

Section 12. This act shall be submitted to the regis- 
tered voters of the town of Easthampton for acceptance at 
its annual town election in the year nineteen hundred and 
thirty-four. The vote shall be taken by ballot in accord- 
ance with the provisions of the general laws, so far as the 



Town to act 
through its 
town meeting. 



Right of 
inhabitants of 
town to 
hold meetings 
not abridged. 



Submission 
of act to voters 
for acceptance. 



306 Acts, 1933. — Chap. 179. 

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 thirty-three, en- 
titled 'An Act establishing in the town of Easthampton 
representative town government by limited town meetings' 
be accepted by this town?" If accepted by a majority 
of the voters voting thereon, this act shall thereupon take 
effect for all purposes incidental to the annual town election 
in said town in the year nineteen hundred and thirty-five, 
and shall take full effect beginning with said election. 
Resubmission SECTION 13. If this act is rejected by the registered 
rejection.*'^ voters of the towu of Easthamptou when submitted to 
said voters under section twelve, it may be submitted for 
acceptance in like manner, to such voters at any annual 
town election in said town not later than the annual town 
election in the year nineteen hundred and thirty-seven, and, 
if accepted by a majority of the voters voting thereon at 
such an election, shall thereupon take effect for all purposes 
incidental to the next annual town election in said town, 
and shall take full effect beginning with said election. 

Approved May 9, 1933. 



Chap.179 An Act authorizing the department of public works 

TO DREDGE AND FURTHER PROTECT THE HARBOR IN THE 
TOWN OF GOSNOLD. 

Be it enacted, etc., as follows: 

Section 1. The department of pubhc works is hereby 
authorized and directed to dredge and enlarge the harbor 
in the town of Gosnold in such location and to such depth 
as it may deem necessary, and further to protect the same. 

Section 2. For the purpose aforesaid, the department 
may expend a sum not exceeding ten thousand dollars from 
the appropriation made by item number five hundred and 
ninety-one of the general appropriation act of the current 
year; provided, that an amount equal to at least ten per 
cent of the amount to be expended hereunder is contributed 
by persons and/or poUtical subdivisions of the common- 
wealth; and provided, further, that no part of said sum 
shall be available or expended until said town of Gosnold, 
in the manner provided by section twenty-nine of chapter 
ninety-one of the General Laws, has assumed liability for 
damages that may be incurred hereunder. 

Approved May 9, 1933.. 



Acts, 1933. — Chap. 180. 



307 



Right of way 
to Lake 
Marguerite in 
town of 
Sandisfield, 
layout 
authorized. 



An Act providing for the establishment of a right of Qfiav 180 

WAY FOR PUBLIC ACCESS TO LAKE MARGUERITE, ALSO 
KNOWN AS SIMON POND, IN THE TOWN OF SANDISFIELD. 

Be it enacted, etc., as follows: 

Section 1. The county commissioners of Berkshire 
county are hereby authorized and directed to lay out a 
right of way in the town of Sandisfield to Lake Marguerite, 
also known as Simon pond, in said town for public access 
to said lake, in accordance with plans therefor approved by 
the department of public works and showing the location 
and dimensions of such right of way. If it is necessary to 
acquire land for the purpose of laying out such right of 
way the commissioners 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 property 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 com- 
missioners 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 Sandisfield 
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 Berkshire, or any town therein, shall not be 
required to keep such right of way in repair nor shall they 
be hable for injury sustained by persons traveling thereon; 
provided, that sufficient notice to warn the public is posted 
where such way enters upon or unites with an existing 
pubhc way. 

Section 3. All expenses incurred by the commissioners 
in connection with such right of way shall be borne by the 
county of Berkshire, or by such towns therein and in such 
proportion, as the commissioners may determine. 

Section 4. Said right of way shall not be discontinued 
or abandoned unless authorized by the general court. 

Section 5. Nothing in this act shall be construed to 
abridge or limit the powers of the department of public 
health or of any local board of health under general or 
special law. 

Section 6. This act shall take effect upon its passage. 

{This hill, returned by the governor to the House of Rep- 
resentatives, the branch in which it originated, with his 
objections thereto, was passed by the House of Representa- 
tives, May 9, 1933, and, in concurrence, by the Senate, May 
10, 1933, the objections of the governor notwithstanding, in 
the manner prescribed by the constitution; and thereby has 
"the force of a law".) 



Improvement 
of right of 
way by town 
authorized. 



308 



Acts, 1933. — Chaps. 181, 182. 



ChaV 181 ^'^ ^^^ AUTHORIZING LOCAL BOARDS OF PUBLIC WELFARE 
"' TO AID NEEDY PERSONS IN THE CULTIVATION OF VEGETABLE 

GARDENS. 

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 pubHc convenience. 

Be it enacted, etc., as follows: 

Chapter one hundred and seventeen of the General Laws, 
as appearing in the Tercentenary Edition thereof, is hereby 
amended by inserting after section two the following new 
section : — Section 2 A . The board of public welfare may, 
subject to such conditions and terms as it may prescribe, 
furnish any such poor and indigent person applying there- 
for with seeds, plants, fertihzer and tools to cultivate 
vegetable gardens of their own. Approved May 11, 1933. 



Emergency 
preamble. 



G. L. (Ter. 
Ed.), 117, new 
section after 
§2. 

Seeds, plants, 
etc., to be 
furnished 
certain 
persons. 



County of 
Franklin. 
Funding of 
court house 
loan. 



C/iax>.182 An Act authorizing the county of franklin to fund a 

TEMPORARY LOAN ISSUED FOR THE CONSTRUCTION OF THE 
COURT HOUSE IN GREENFIELD. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of funding the Franklin 
County Court House Anticipation Loan, Act of 1931, 
issued under the provisions of section four of chapter four 
hundred and forty-nine of the acts of nineteen hundred and 
thirty-one, the treasurer of Franklin county, with the ap- 
proval of the county commissioners, may borrow on the 
credit of the county a sum not exceeding fifty thousand 
dollars, and may issue bonds or notes of the county there- 
for, which shall bear on their face the words, Franklin 
County Court House Funding Loan, Act of 1933. Such 
loan shall be payable in not more than ten years from its 
date. Such bonds or notes shall be signed by the treasurer 
of said county and countersigned by a majority of the 
county commissioners. The county may sell said securities 
at pubHc or private sale upon such terms and conditions as 
the county commissioners may deem proper, but not for 
less than their par value. Indebtedness incurred under 
this act shall, except as herein provided, be subject to 
chapter thirty-five of the General Laws. 

Section 2. The proceeds of the loan issued under 
authority of section one shall be applied to the payment of 
an outstanding loan issued under authority of said section 
four, and known as the "Franklin County Court House 
Anticipation Loan, Act of 1931". 

Section 3. The proceeds of the sale of the old court 
house building and site as provided in said section four, so 
far as necessary, shall be applied to the payment of the loan 
authorized in section one of this act, and any balance from 



Acts, 1933. — Chaps. 183, 184, 185. 



309 



the proceeds of said sale shall be applied to the payment of 
indebtedness authorized under section three of said chapter 
four hundred and forty-nine; provided, that not more than 
ten thousand dollars of the debt maturing in any one year 
shall be paid from said balance. 

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

Approved May 12, 1933. 



Chap.lSS 



An Act relative to registration fees for certain 
publicly owned motor vehicles. 

Whereas, The deferred operation of this act would tend Emergency 
to defeat its purpose, therefore it is hereby declared to be preamble. 
an emergency law, necessary for the immediate preserva- 
tion of the public convenience. 

Be it enacted, etc., as follows: 

Section 1. Section thirty-three of chapter ninety of the g. l. (Ter. 
General Laws, as most recently amended by section one of ^tcl! amended, 
chapter two hundred and forty-nine of the acts of nineteen 
hundred and thirty-two, is hereby further amended by 
striking out, in the first line of the fourth paragraph, as 
appearing in said section one of said chapter two hundred 
and forty-nine, the words "motor vehicle" and inserting in 
place thereof the word : — automobile, — so that said para- 
graph will read as follows: — For the registration of every Registration 
automobile and trailer owned by the commonwealth or any publicly *'^'^*^'° 
political subdivision thereof and used solely for official 
business, not exempt from the payment of fees as herein- 
before provided, two dollars. 

Section 2. This act shall be operative as of January 
first in the current year. Approved May 12, 1933. 



owned motor 
vehicles. 



When 
operative. 



An Act repealing the provisions of the charter of the 
city of melrose which require the annual publica- 
tion of a particular account of the receipts and 
expenditures of said city and a schedule of all city 
property and of the city debt. 

Be it enacted, etc., as follows: 

Section 1. Section nineteen of chapter one hundred and 
sixty-two of the acts of eighteen hundred and ninety-nine 
is hereby amended by striking out the fourth sentence. 

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

Approved May 12, 1933. 



C/iap.l84 



C/iap.l85 



An Act relative to the publication of by-laws in 

TOWNS. 

Whereas, The deferred operation of this act would tend Emergency 
to defeat its purpose it is hereby declared to be an emer- preamble. 
gency law necessary for the immediate preservation of the 
public convenience. 



310 



Acts, 1933. — Chap. 186. 



G. L. (Ter. 
Ed.), 40, § 32, 
amended. 



Publication 
of by-laws in 
towns. 



Provisions of 
act not to 
affect existing 
by-laws. 



Be it enacted, etc., as follows: 

Section 1. Chapter forty of the General Laws is hereby 
amended by striking out section thirty-two, as appearing 
in the Tercentenary Edition thereof, and inserting in place 
thereof the following : — ■ Section 32. Before a by-law 
takes effect it shall be approved by the attorney general and 
shall be published in a town bulletin or pamphlet, copies of 
which shall be posted in at least five public places in the 
town; and if the town be divided into precincts copies shall 
be posted in one or more public places in each precinct of 
the town ; or, instead of such publishing in a town bulletin 
or pamphlet and such posting, shall be published at least 
three times in one or more newspapers, if any, published in 
the town, otherwise in one or more newspapers published in 
the county. The requirements of publishing in a town 
bulletin or pamphlet and posting, or publishing in one or 
more newspapers, as above, may be dispensed with if notice 
of the by-law be given by delivering a copy thereof at every 
occupied dwelling or apartment in the town, and affidavits 
of the persons delivering the said copies, filed with the town 
clerk, shall be conclusive evidence of proper notice here- 
under. 

Section 2. Nothing in this act shall affect any town 
by-law in force on the effective date of this act. 

Approved May 12, 1933. 



ChaV. ISQ -^N ^^^ REDUCING THE SALARIES OR OTHER COMPENSATION 
OF COUNTY OFFICERS AND EMPLOYEES, EXCEPT IN THE 
COUNTY OF SUFFOLK. 



Emergency 
preamble. 



Reduction of 
salaries of 
certain county 
officers, etc., 
except in 
Suffolk county, 
authorized. 



Whereas, The deferred operation of this act would cause 
substantial inconvenience, therefore it is hereby declared 
to be an emergency law, necessary for the immediate preser- 
vation of the public convenience. 

Be it enacted, etc., as follows: 

Section 1. The salary of each official or employee in 
the service of each county of the commonwealth, except 
Suffolk, whose salary is payable from the treasury of one 
or more counties, or from funds administered by and 
through county officials, and whose salary is fixed in accord- 
ance with the compensation schedules adopted by the 
county personnel board, is hereby reduced, if it is fifty-two 
hundred and fifty dollars or under, by an amount equiva- 
lent to one and one half steps in the salary range estab- 
lished for the grade or position which he occupies, and, if it 
is in excess of fifty-two hundred and fifty dollars, by an 
amount equivalent to two steps in the salary range estab- 
lished for the grade or position which he occupies, said 
step, in either case, to be the same as the standard incre- 
ment heretofore used by said board as the basis for in- 
creases in salary for the particular grade or position; pro- 
vided, that in any grade or position in the service of any 



Acts, 1933. — Chap. 186. 



311 



such county, determined by the county personnel board to 
be identical with or substantially equal to a grade or posi- 
tion in the service of the commonwealth, the reduction 
hereunder shall be the same as that made with respect to 
such latter grade or position; and provided, further, that 
the salary or compensation of any official or employee of 
any such county now receiving less than the minimum rate 
provided for his grade or position in the classification 
schedule of June first, nineteen hundred and thirty-one, 
shall not be reduced hereunder to an amount less than that 
to which it would be reduced if he were receiving the 
minimum rate of his grade or position. 

Section 2. The salary of each official and employee in 
the service of each county, except Suffolk, including judges, 
clerks, assistant clerks, probation officers and other officials 
and employees of the municipal and district courts, whose 
salary is paid from the treasury of one or more counties or 
from funds administered by and through county officials, 
and whose salary is established otherwise than as set forth 
in the preceding section, shall be reduced, if it is fifty-two 
hundred and fifty dollars or under, by an amount equal to 
ten per cent thereof, and, if it is in excess of fifty-two hun- 
dred and fifty dollars, by an amount equal to fifteen per 
cent thereof; provided, that the salary or compensation of 
any official or employee of any such county now receiving 
less than the rate provided for his grade or position in the 
classification schedule of June first, nineteen hundred and 
thirty-one shall not be reduced hereunder to an amount 
less than that to which it would be reduced if he were 
receiving the minimum rate of his grade or position. The 
provisions of this act shall not apply to scrubwomen. 

Section 3. The word "salary", as used in sections 
one and two, shall include all compensation from the 
county, however payable and whether or not for full time. 

Section 4. The county personnel board, and the 
county commissioners for their respective counties, are 
hereby directed to enforce the provisions of sections one 
and two. Nothing in said sections shall be construed to 
limit the respective powers of said board and officers as 
now defined by law. 

Section 5. The reduction in salaries provided for by 
this act shall be effective only for the period beginning 
May first in the current year and ending December thirty- 
first, nineteen hundred and thirty-four. 

Section 6. No reduction in salary or compensation 
made by this act shall affect the amount payable, under 
chapter thirty-two of the General Laws or any other pro- 
vision of law, to any officer or employee by way of pension, 
annuity or retirement allowance or the amount of any 
annuity contribution payable by any member of any 
county retirement system. Approved May 12, 1933. 



Reduction of 
salaries of 
certain county 
officers, etc., 
employed by 
more than 
one county. 



"Salary" 
defined. 



County 
personnel 
board, etc., 
to enforce 
provisions 
of act. 



Effective 
date of re- 
ductions. 



Not to 

aSect pensions, 

etc. 



312 



Acts, 1933. — Chaps. 187, 188. 



Chap. 187 An Act relative to the expenses of snow and ice re- 
moval FROM state highways. 

Be it enacted, etc., as follows: 

Section 1. Section nineteen of chapter eighty-one of 
the General Laws, as appearing in the Tercentenary Edi- 
tion thereof, is hereby amended by striking out the last four 
sentences, so as to read as follows: — Section 19. A town 
shall have police jurisdiction over all state highways within 
its hmits. It shall forthwith give written notice to the 
department or its employees of any defect or want of repair 
in such highways; but it may make necessary temporary 
repairs of a state highway without the approval of the 
department. 

The department shall at the expense of the common- 
wealth keep such state highways or parts thereof as it may 
select sufficiently clear of snow and ice to be reasonably safe 
for travel; and the town in which any such state highway 
or part thereof lies shall forthwith give written notice to the 
department or its employees of any failure to keep such 
highway or part thereof clear of ice and snow as aforesaid. 

Section 2. No assessments for or on account of any 
work done under said section nineteen during the fiscal 
year ending November thirtieth, nineteen hundred and 
thirty-two shall be made upon the several cities and towns 
of the commonwealth. Approved May 12, 1933. 



G. L. (Ter. 
Ed.), 81, § 19, 
amended. 



Towns to have 
police jurisdic- 
tion over state 
highways. 



Removal of 
snow from 
state high- 
ways. 



G. L. (Ter. 
Ed.), 90, § 3, 
amended. 



Reciprocal 
privileges to 
non-residents 
to operate 
motor vehicles. 



C/ia». 188 An Act relative to the privileges of non-residents 

TO OPERATE MOTOR VEHICLES IN THIS COMMONWEALTH 
WITHOUT MASSACHUSETTS REGISTRATION. 

Be it enacted, etc., as follows: 

Section three of chapter ninety of the General Laws, as 
appearing in the Tercentenary Edition thereof, is hereby 
amended by striking out the first sentence and inserting in 
place thereof the following: — Subject to the provisions of 
section three A and except as otherwise provided in section 
ten, a motor vehicle or trailer owned by a non-resident who 
has complied with the laws relative to motor vehicles and 
trailers, and the registration and operation thereof, of the 
state or country of registration, maybe operated on the ways 
of this commonwealth without registration under this 
chapter, to the extent, as to length of time of operation and 
otherwise, that, as finally determined by the registrar, the 
state or country of registration grants substantially similar 
privileges in the case of motor vehicles and trailers duly 
registered under the laws and owned by residents of this 
commonwealth; provided, that no motor vehicle or trailer 
shall be so operated beyond a period of thirty days after 
either the date of entry of the vehicle in any one year or the 
acquisition by such non-resident of a regular place of abode 



Acts, 1933. — Chaps. 189, 190. 313 

or business within the commonwealth, except during such 
time as the owner thereof maintains in full force a policy 
of liability insurance providing indemnity for or protection 
to him, and to any person responsible for the operation of 
such motor vehicle or trailer with his express or implied 
consent, against loss by reason of the liability to pay dam- 
ages to others for bodily injuries, including death at any 
time resulting therefrom, caused by such motor vehicle or 
trailer, at least to the amount or limits required in a motor 
vehicle hability policy as defined in section thirty-four A, 
nor unless the owner or operator of such motor vehicle or 
trailer, while operating the same during such additional 
time, has on his person or in the vehicle in some easily 
accessible place a permit issued by the registrar which 
then authorizes the operation of such vehicle without regis- 
tration under this chapter. Approved May 12, 1933. 



An Act authorizing the county of Norfolk to reim- (7/^(27?. 189 
burse the clerk of the district court of east 

NORFOLK FOR MONEY STOLEN FROM THE CLERK's OFFICE 
OF SAID COURT. 

Be it enacted, etc., as follows: 

The county of Norfolk may pay to Lawrence W. Lyons, 
clerk of the district court of East Norfolk, the sum of three 
hundred and forty-five dollars and forty-eight cents, to 
reimburse him for money stolen from the clerk's office of 
said court on June twenty-fifth, nineteen hundred and 
thirty-two. Approved May 12, 1933. 



An Act relative to the loss of trust company cer- 



tificates OF 

CERTIFICATES. 



DEPOSIT OR CO-OPERATIVE BANK SHARE 



C/iap. 190 



Be it enacted, etc., as follows: 

Section twenty of chapter one hundred and sixty-seven of g. l. (Ter. 
the General Laws, as appearing in the Tercentenary Edition fo^ amended, 
thereof, is hereby amended by adding at the end thereof 
the following new sentence : — The provisions of this sec- 
tion shall apply to trust company certificates of deposit and 
to matured and paid-up share certificates of co-operative 
banks, — so as to read as follows: — Section 20. When a Advertising 
pass book issued by a savings bank, a co-operative bank booiS^elc. 
or the savings department of a trust company has been lost, 
stolen or destroyed, the person in whose name it was issued 
or his legal representative, may make written apphcation 
to such bank, for payment of the amount of the deposit rep- 
resented by said book or for the issuance of a duplicate book 
therefor. Thereupon with the written consent of the bank, 
he may give, or authorize the bank at his expense to give, 
public notice of such application by advertising the same 
at least once a week for three successive weeks in a news- 



314 



Acts, 1933. — Chaps. 191, 192. 



paper published in or nearest to the town where such bank 
is situated. If such book shall not be presented to said 
bank within thirty days after the date of the first advertise- 
ment, as aforesaid, the bank shall, upon proof that such 
notice has been given, pay the amount due on said book or 
issue a duplicate book therefor; and upon such payment or 
delivery of a new book, all liability of the bank on account 
of the original book shall cease. The provisions of this 
section shall apply to trust company certificates of deposit 
and to matured and paid-up share certificates of co-opera- 
tive banks. Approved May 12, 1933. 



Chap. 191 An Act relative to notice by the registrar of motor 

VEHICLES OF THE REVOCATION OR SUSPENSION OF ANY 
registration of motor vehicles or of any LICENSE 
TO OPERATE THE SAME AND OF THE SUSPENSION OF ANY 
right TO OPERATE SUCH VEHICLES. 

Be it enacted, etc., as follows: 

Section twenty-two of chapter ninety of the General 
Laws, as appearing in the Tercentenary Edition thereof, 
is hereby amended by adding thereto the following : — Upon 
the suspension or revocation of any license or registration 
the registrar shall forthwith send written notice thereof to 
the licensee or registrant as the case may be. Such notice 
mailed by the registrar or any person authorized by him to 
the last address as appearing on the registrar's records shall 
be deemed a sufficient notice and a certificate of the registrar, 
or of any person so authorized, that such notice has been 
mailed in accordance with this section shall be deemed 
prima facie evidence thereof and shall be admissible in any 
court of the commonwealth as to the facts contained 
therein. 

Upon the suspension of the right to operate a motor 
vehicle without a license of any person, the registrar shall 
forthwith send written notice thereof to such person and 
such notice mailed by the registrar or any person author- 
ized by him to such person, to his last and usual place of 
abode shall be deemed a sufficient notice and a certificate 
as described in the preceding paragraph shall be likewise 
deemed prima facie evidence and shall be admissible in like 
manner in any court of the commonwealth. 

Approved May 12, 1933. 



G. L. (Ter. 
Ed.), 90. § 22, 
amended. 
Notice of 
revocation or 
suspension of 
registration of 
motor vehicles 
or of licenses to 
operate same 
for offences 
under motor 
vehicle laws, 
etc. 



C/iai).192 -A^ -A^"^ ABOLISHING THE OPEN SEASON ON DEER IN BARN- 
STABLE COUNTY AND FURTHER REGULATING THE HUNTING 
OF DEER. 

Be it enacted, etc., as follows: 

G. L. (Ter. SECTION 1. Chapter one hundred and thirty-one of the 

foV'amind^ed General Laws is hereby amended by striking out section one 
hundred and four, as appearing in the Tercentenary Edi- 
tion thereof, and inserting in place thereof the following : — 



Acts, 1933. — Chap. 192. 



315 



Section I04. Whoever constructs, erects, sets, repairs or 
tends any snare for the purpose of catching or kiUing any 
mammal, or takes a mammal by such means or by the aid 
or use of any motor vehicle or artificial light except as 
authorized herein, shall be punished by a fine of not less 
than fifty nor more than two hundred dollars. The con- 
struction, erection, setting, repairing or tending of any 
snare by any person shall be prima facie evidence of a 
violation by him of this section. Nothing in this section 
shall be construed to prohibit the hunting of raccoons or 
skunks or any unprotected mammal in a lawful manner 
with artificial hght, provided no motor vehicle is used 
therefor. Upon application to the director by the owner 
or occupant of land, the director may grant to him a permit 
authorizing him, a member of his family, or a person perma- 
nently employed by him, if authorized by him so to do, for 
such period during the close season for deer, not exceeding 
ninety days, as may be specified in the permit, to set or use 
a torch light or jack light on such land for the purpose of 
taking, injuring or killing any deer thereon which he has 
reasonable cause to believe has damaged or is about to 
damage crops or fruit trees thereon ; and in the event of the 
taking, injuring or killing of a deer as aforesaid, the person 
by whom or under whose direction the deer was taken, 
injured or killed shall, within twenty-four hours thereafter, 
send to the director a written report, signed by him, of the 
facts relative to the said taking, injuring or killing. 

Section 2. Said chapter one hundred and thirty-one, as 
amended in section one hundred and nine by chapter two 
hundred and sixty-four of the acts of nineteen hundred and 
thirty-two, is hereby further amended by striking out said 
section and inserting in place thereof the following: — Sec- 
tion 109. Subject to the restrictions and provisions here- 
inafter contained, any person duly authorized to hunt in 
the commonwealth may hunt a deer, by the use of a shot- 
gun or bow and arrow, in all counties except Nantucket and 
Barnstable, between one half hour before sunrise and one 
half hour after sunset of each day beginning with the first 
Monday in December and ending with the following Satur- 
day, and in any or all of the counties of Berkshire, Franklin, 
Hampden and Hampshire, if the additional hunting period 
hereinafter specified is authorized in such county or counties 
by the director, as evidenced by an order filed in his office 
and advertised in a newspaper or newspapers published in 
such county or counties not less than ten days prior to the 
first Monday in December, between one half hour before 
sunrise and one half hour after sunset of each day, beginning 
with the second Monday in December and ending with the 
following Saturday. No person shall, except as provided 
in the preceding section, kill more than one deer. No deer 
shall be hunted on land posted in accordance with section 
one hundred and twenty-three, or on land under control of 
the metropolitan district commission, or in any state reser- 



Use of snares, 
etc., in killing 
mammals, 
penalized. 
Exception. 



G. L. (Ter. 
Ed.), 131, 
§ 109, etc., 
amended. 



Open season 
for deer. 



Open season 
abolished in 
Barnstable 
county. 



316 



Acts, 1933. — Chap. 193. 



Penalty. 



G. L. (Ter. 
Ed.), 131. 
§ 112. 
amended. 

Hunting of 
birds or mam- 
mals with 
firearms, or 
by aid of dog, 
regulated. 



vation subject to section one hundred and fourteen except 
as provided therein. No person shall make, set or use any 
trap, torch light or jack Hght, salt lick or other device for 
the purpose of ensnaring, enticing, taking, injuring or kill- 
ing a deer. No person shall use or carry on his person an 
arrow adapted for hunting purposes unless it is plainly 
marked with his name and permanent address. Whoever 
wounds or kills a deer shall, within forty-eight hours there- 
after, send to the director a written report, signed by him, 
of the facts relative to the wounding or killing. Whoever 
violates any provision of this section shall be punished by a 
fine of not less than fifty nor more than one hundred 
dollars. 

Section 3. Said chapter one hundred and thirty-one is 
hereby further amended by striking out section one hun- 
dred and twelve, as so appearing, and inserting in place 
thereof the following: — Section 112. No person shall in 
any county except Nantucket or Barnstable between one 
half hour before sunrise on the first Monday in December 
and one half hour after sunset on the following Saturday, 
or, in Berkshire, Franklin, Hampshire or Hampden county, 
between one half hour before sunrise on the second Monday 
in December and one half hour after sunset on the following 
Saturday, if such additional period for hunting deer is 
authorized in such county under section one hundred and 
nine, hunt a bird or mammal with a rifle, revolver or pistol 
or by the aid of a dog, or have in his possession, or under 
his control, in any wood or field, a rifle, revolver or pistol, 
or a dog adapted to the hunting or pursuing of birds or 
mammals, or, while in pursuit of birds or mammals, have 
in his possession, or under his control, on any highway, any 
such firearm or dog. Approved May 12. 1933. 



ChaV 193 ^^ ^^^ FURTHER REGULATING HOURS OF LABOR OF WOMEN 
AND CHILDREN EMPLOYED IN MANUFACTURE OF LEATHER. 

Be it enacted, etc., as follows: 

Section 1. Section fifty-nine of chapter one hundred 
and forty-nine of the General Laws, as appearing in the 
Tercentenary Edition thereof, is hereby amended by insert- 
ing after the word "goods" in the fourth fine the words: — 
or leather, — so as to read as follows: — Section 59. No 
person, and no agent or ofiicer of a person, shall employ a 
woman over twenty-one in any capacity for the purpose of 
manufacturing before six o'clock in the morning or after 
ten o'clock in the evening, or in the manufacture of textile 
goods or leather after six o'clock in the evening. Whoever 
violates any provision of this section shall be punished by a 
fine of not less than twenty nor more than fifty dollars. 

Section 2. Section sixty-six of said chapter one hun- 
dred and forty-nine, as so appearing, is hereby amended by 
inserting after the word "goods" in the fifth line the words: 



G. L. (Ter. 

Ed.). 149, 

§ 59, amended. 



Night labor 
for women 
regulated 



Penalty. 



G. L. (Ter. 

Ed.). 149. 

§ 66, amended. 



Acts, 1933. — Chaps. 194, 195. 



317 



— or leather, — so as to read as follows: — Section 66. ^°^^%°LndM'^ 
No person shall employ a boy under eighteen or a girl under eighteen^and 
twenty-one or permit such a boy or girl to work in, about ^J^'enty-oM. 
or in connection with any estabhshment or occupation regulated. 
named in section sixty before five o'clock in the morning or 
after ten o'clock in the evening, or in the manufacture of 
textile goods or leather after six o'clock in the evening; pro- 
vided, that girls under twenty-one may be employed as 
operators in regular service telephone exchanges until, but 
not after, eleven o'clock in the evening. 

Approved May 12, 193S. 

An Act continuing and extending the existing prefer- Qjiav.V^^ 

ENCE IN THE CLASSIFIED LABOR SERVICE TO PERSONS ^' 

WITH DEPENDENTS. 

WhereaSj The deferred operation of this act would tend to Emergency 
defeat its purpose, therefore it is hereby declared to be an p"'*'^'"^^- 
emergency law, necessary for the immediate preservation 
of the public convenience. 

Be it enacted, etc., as follows: 

Chapter three hundred and sixteen of the acts of nineteen 1931, sie. 
hundred and thirty-one, as amended by chapter one hun- "'''■• «^™«°^^ • 
dred and eighty-three of the acts of nineteen hundred and 
thirty-two, is hereby further amended by striking out, in the 
second line, the word "thirty-three" and inserting in place 
thereof the word : — thirty-four, — so as to read as fol- 
lows: — Until May fifteenth in the year nineteen hundred Preference to 
and thirty-four, the commissioner of civil service, on receipt depeTdents*" 
of a requisition from the head of any department, board or in labor service. 
commission of the commonwealth or of a city or town for 
temporary laborers in the classified labor service, shall, in 
certifying eligible applicants for positions in said service, 
give preference to persons so eligible who have one or more 
persons dependent upon them for support; provided, that 
in giving such preference veterans having such dependents 
shall be preferred over other persons so eligible for employ- 
ment and having such dependents. Employment under 
this act shall not be continued beyond the period named in 
the requisition, which period shall not exceed three months. 
No re-employment or further employment shall be allowed 
at the end of such period, except by consent of the com- 
missioner. Approved May 16, 1933. 



An Act providing for the inclusion of interest in the ni^n^ 1 qc 

ASSESSMENT OF ADDITIONAL TAXES UPON CERTAIN COR- ^' 

PORATIONS. 

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



318 



Acts, 1933. — Chap. 196. 



G. L. (Ter. 
Ed.). 63, § 45, 
amended. 



Assessment 
of additional 
taxes on 
certain cor- 
porations. 



Effective 
date, etc. 



Be it enacted, etc., as follows: 

Section 1. Section forty-five of chapter sixty-three of 
the General Laws, as appearing in the Tercentenary Edi- 
tion thereof, is hereby amended by inserting after the word 
"same" in the fifth fine the words: — , with interest at six 
per cent from October twentieth of said year, — so as to 
read as follows : — Section 45. If the commissioner dis- 
covers from the verification of a return, or otherwise, that 
the full amount of any tax due under sections thirty to 
fifty-one, inclusive, has not been assessed, he may, at any 
time within two years after September first of the year in 
which such assessment should have been made, assess the 
same, with interest at six per cent from October twentieth 
of said year, first giving notice to the corporation to be 
assessed of his intention; and a representative of the cor- 
poration shall thereupon have an opportunity, within ten 
days after such notification, to confer with the commissioner 
as to the proposed assessment. After the expiration of ten 
days from the notification the commissioner shall assess 
the amount of the tax remaining due to the commonwealth, 
and shall give notice to the corporation so assessed. Any 
tax so assessed shall be payable to the commissioner fourteen 
days after the date of the notice. 

Section 2. This act shall take effect as of January first, 
nineteen hundred and thirty-three, and shall apply to taxes 
assessed in the year nineteen hundred and thirty-three and 
thereafter. Approved May 16, 1933. 



ChaV 196 -^^ ^^'^ ABOLISHING THE AGE LIMITATION OF FOURTEEN 
YEARS FOR ALTERNATIVE CRIMINAL PROCEEDINGS WITHIN 
THE JUVENILE AGE. 

Be it enacted, etc., as follows: 

Section 1. Section seventy-four of chapter one hun- 
dred and nineteen of the General Laws, as appearing in the 
Tercentenary Edition thereof, is hereby amended by strik- 
ing out, in the second fine, the word "fourteen" and insert- 
ing in place thereof the word : — seventeen, — so as to read 
as follows: — Section 74- Criminal proceedings shall not 
be begun against any child between seven and seventeen 
years of age, except for offences punishable by death or 
imprisonment for life, unless proceedings against him as a 
delinquent child have been begun and dismissed as required 
by section sixty-one. 

Section 2. Section seventy-five of said chapter one 
hundred and nineteen, as so appearing, is hereby amended 
by striking out, in the second line, the word "fourteen" 
and inserting in place thereof the word: — seventeen, — 
and by striking out, in the third and fourth lines, the words 
"or against any child between fourteen and seventeen years 
of age", — so as to read as follows: — Section 76. Upon 
complaint against any child between seven and seventeen 



G. L. (Ter. 

Ed.), 119, 

§ 74, amended. 



Criminal pro- 
ceedings 
against 
children be- 
tween seven 
and seventeen. 



G. L. (Ter. 

Ed.). 119, 

§ 75, amended. 



Complaint 
and warrant. 



Acts, 1933. — Chap. 197. 



319 



years of age against whom proceedings have been begun and 
dismissed as required by section sixty-one for any offence 
not punishable by death or imprisonment for hfe, such 
court or trial justice shall examine, on oath, the complain- 
ant and the witnesses produced by him, shall reduce the 
complaint to writing and cause it to be subscribed by the 
complainant, and may issue a warrant reciting the sub- 
stance of the accusation and requiring the officer to whom 
it is directed forthwith to take the person accused and bring 
him before said court or trial justice, to be dealt with accord- 
ing to law, and to summon such witnesses as shall be named 
therein to appear and give evidence on the examination. 
The provisions of section fifty-five shall apply to proceed- 
ings under this section except that the summons shall re- 
quire the person summoned to show cause why the child 
should not be committed to the Lyman school or an in- 
dustrial school. Approved May 16, 1933. 



G. L. (Ter. 
Ed.). 92, §56, 
amended. 



Apportionment 
of maintenance 
of Nantasltet 
beach reserva- 
tion and 
Charles river 
basin. 



An Act relieving cities and towns of the metropolitan Qhn^ 1 97 

PARKS DISTRICT OF FINANCIAL OBLIGATION IN RELATION ^' 

TO THE MAINTENANCE OF BOULEVARDS. 

Be it enacted, etc., as follows: 

Section 1. Chapter ninety-two of the General Laws is 
hereby amended by striking out section fifty-six, as appear- 
ing in the Tercentenary Edition thereof, and inserting in place 
thereof the following: — Section 56. The proportion in 
which each town of the metropolitan parks district, includ- 
ing Cohasset with respect to the maintenance of Nantasket 
beach reservation only, shall annually pay money into the 
treasury of the commonwealth to meet the cost of main- 
tenance of said reservation and the Charles river basin and 
any deficiency in the amounts previously paid in, as found 
by said treasurer, shall be based upon the respective taxable 
valuations of the property of said towns. The cost of 
maintenance of boulevards shall be annually appropriated 
by the general court from the Highway Fund. 

Section 2. Section fifty-seven of said chapter ninety- 
two, as so appearing, is hereby amended by striking out, in 
the sixth line, the words "and boulevards", — so as to read 
as follows : — Section 57. The commission shall annually, 
in accordance with the provisions of the three preceding 
sections, determine the proportion in which each of the 
towns of said district shall annually pay money into the 
treasury of the commonwealth to meet the interest, sinking 
fund and serial or other bond requirements and the cost of 
maintenance of reservations, and shall transmit the deter- 
mination of the commission to the state treasurer. 

Section 3. Section thirty-four of chapter ninety of the 
General Laws, as so appearing, is hereby amended by 
striking out, in the forty-sixth fine, the words "the com- 
monwealth's share of". ApprovedMay 16, 1933. 



G. L. (Ter. 
Ed.), 92, § 57. 
amended. 



Commission to 
make appor- 
tionments. 



G. L. (Ter. 
Ed.). 90, §34. 
amended. 



320 



Acts, 1933. — Chaps. 198, 199. 



G. L. (Ter. 
Ed.). 59, § 5, 
amended. 



Property used 
for care of 
persons suffer- 
ing from 
mental dis- 
orders not 
exempt from 
taxation in 
certain cases. 



Chap. 19S An Act relative to the exemption from local taxa- 
tion OF INSTITUTIONS FOR THE TREATMENT OP MENTAL 
DISORDERS. 

Be it enacted, etc., as follows: 

Section 1. Subsection (c) of clause Third of section 
five of chapter fifty-nine of the General Laws, as appearing 
in the Tercentenary Edition thereof, is hereby amended by 
striking out, in the third and fourth lines of said subsec- 
tion, the words "or for the treatment of mental or nervous 
diseases" and inserting in place thereof the following: — , or 
principally for the treatment of mental diseases or mental 
disorders, — so that said subsection will read as follows : — 
(c) Real or personal property of such an institution or cor- 
poration, occupied or used wholly or partly as or for an 
insane asylum, insane hospital, or institution for the insane, 
or principally for the treatment of mental diseases or mental 
disorders, shall not be exempt unless at least one fourth of 
all property so occupied or used, wholly or partly, on the 
basis of valuation thereof, and one fourth of the income of 
all trust and other funds and property held for the benefit 
of such asylum, hospital or institution and not actually 
occupied or used by it for such purposes, is used and ex- 
pended entirely for the treatment, board, lodging or other 
direct benefit of indigent insane persons, or indigent persons 
in need of treatment for mental diseases, as resident pa- 
tients, without any charge therefor to such persons either 
directly or indirectly, except that such a benevolent or 
charitable institution or corporation conducting an insane 
asylum, insane hospital or institution for the insane to 
which persons adjudged insane by due process of law may 
be committed shall be exempt from taxation on personal 
property and buildings so occupied or used, but shall be 
subject to taxation on the fair cash value of the land owned 
by it and used for the purposes of such asylum, hospital or 
institution. 

Section 2. This act shall take effect as of April first, 
nineteen hundred and thirty-two. 

Approved May 16, 19SS. 



Effective date. 



C/l(XX>.199 -^^ ^^^ relative to the assignment of quarters in the 

STATE HOUSE FOR THE USE OF THE VETERANS OF INDIAN 
WARS. 

Be it enacted, etc., as follows: 

Section 1. Section seventeen of chapter eight of the 
General Laws, as most recently amended by section one of 
chapter one hundred and eighty-eight of the acts of nine- 
teen hundred and thirty-two, is hereby further amended by 
striking out, in the seventh line, the word "and" and insert- 
ing a comma, and by inserting after the word "States" in 



G. L. (Ter. 
Ed.), 8, § 17, 
etc., amended. 



Acts, 1933. — Chap. 200. 



321 



the eighth line the words : — and of the Veterans of Indian 
Wars, — so as to read as follows: — Section 17. There 
shall be set apart and suitably furnished a room or rooms in 
the state house for the use of the Grand Army of the Repub- 
lic of the department of Massachusetts, the Massachusetts 
department of The American Legion, of the United Spanish 
War Veterans, of the Disabled American Veterans of the 
World War, of the Veterans of Foreign Wars of the United 
States and of the Veterans of Indian Wars, respectively, 
such room or rooms to be under the charge of the state com- 
manders of the respective departments, subject to this 
chapter. The headquarters thus established for the first 
named department shall be used for storing its supplies and 
property, relics and mementos of the war of the rebellion 
and for arranging and preserving a history of persons, who 
served in the army, navy or marine corps during such war 
in organizations of the commonwealth, or of citizens of the 
commonwealth who served in the regular army, navy or 
marine corps of the United States, which said department 
may collect or desire to preserve. The headquarters thus 
estabhshed for each of the other departments shall be used 
for storing and preserving the records and other property 
of the department and relics and mementos of the World 
war and Spanish war. 

Section 2. Section eighteen of said chapter eight, as 
most recently amended by section two of said chapter one 
hundred and eighty-eight, is hereby further amended by 
striking out, in the sixth line, the word "and" and inserting 
in place thereof a comma, and by inserting after the word 
"States' in the seventh line the words: — and of the 
Veterans of the Indian Wars, — so as to read as follows : — 
Section 18. The histories, relics and mementos of the 
Grand Army of the Republic of the department of Massa- 
chusetts and the records of the Massachusetts department 
of the United Spanish War Veterans, of The American 
Legion, of the Disabled American Veterans of the World 
War, of the Veterans of Foreign Wars of the United States 
and of the Veterans of the Indian Wars shall be accessible 
at all times, under suitable rules and regulations, to mem- 
bers of the respective departments and to others engaged in 
collecting historical information. Whenever any such de- 
partment ceases to exist, its records, papers, relics and other 
effects shall become the property of the commonwealth. 

Approved May 16, 1933. 



Rooms in 
state house for 
use of war 
veteran 
organizations. 



G. L. (Ter. 
Ed.), 8. § 18, 
etc., amended. 



Records, etc., 
of such 
organizations. 



An Act authorizing the investment of municipal Qhav. 200 

TRUST FUNDS IN SHARES OF CO-OPERATIVE BANKS. 

Be it enacted, etc., as follows: 

Section fifty-four of chapter forty-four of the General g. l. (Ter. 
Laws, as appearing in the Tercentenary Edition thereof, is amendeli.^ ^* 
hereby amended by inserting after the word "towns", in 
the fourth line, the words: — in shares of co-operative 



322 



Acts, 1933. — Chaps. 201, 202. 



Investment of 
municipal 
trust funds. 



banks, or, — so as to read as follows: — Section 54- Trust 
funds, including cemetery perpetual care funds, unless 
otherwise provided or directed by the donor thereof, shall 
be placed at interest in savings banks, trust companies 
incorporated under the laws of the commonwealth, or 
national banks, or invested by cities and towns in shares of 
co-operative banks, or in securities which are legal invest- 
ments for savings banks. This section shall not apply to 
Boston. Ay-proved May 16, 1933. 



G. L. (Ter. 
Ed.). 262. § 6, 
amended. 



Chap. 201 An Act providing for the furnishing without charge 

OF COPIES OF CRIMINAL RECORDS BY CLERKS OF COURTS TO 
DISTRICT ATTORNEYS AND CERTAIN POLICE OFFICERS. 

Be it enacted, etc., as follows: 

Section five of chapter two hundred and sixty-two of the 
General Laws, as appearing in the Tercentenary Edition 
thereof, is hereby amended by adding at the end thereof the 
following: — ; provided, that clerks shall, upon the re- 
quest of the chief police officer of any city or town, or of 
any district attorney within the commonwealth, furnish 
without charge to such chief poHce officer or district attor- 
ney certified copies of criminal records in their custody, — 
so as to read as follows: — Section 5. When clerks cause 
copies to be printed which they are required to furnish, they 
shall make no charge for such printed copies in excess of the 
amount actually paid for the printing thereof. They may 
require the estimated cost of said printing to be paid in 
advance, and they shall supervise the printing and correct 
the proofs without charge. All written copies, including 
such as are prepared for printing, shall be charged for at the 
rate of twenty cents a page; provided, that clerks shall, 
upon the request of the chief pohce officer of any city or 
town, or of any district attorney within the common- 
wealth, furnish without charge to such chief police officer 
or district attorney certified copies of criminal records in 
their custody. Approved May 16, 1933. 



Fees of clerks 
of courts for 
copies, excep- 
tions, etc. 



Chap. 202 An Act requiring the filing with the department of 

PUBLIC UTILITIES OF CERTAIN CONTRACTS OF GAS, ELECTRIC 
AND WATER COMPANIES. 

Be it enacted, etc., as follows: 

Section 1. Chapter one hundred and sixty-four of the 
General Laws is hereby amended by inserting after section 
eighty-five, as appearing in the Tercentenary Edition 
thereof, the following new section: — Section 85 A. A gas 
or electric company that has, prior to the effective date of 
this section, entered into or shall thereafter enter into any 
contract with an affihated company as defined in section 
eighty-five, for the payment of any fees, salaries, commis- 



G. L. (Ter. 
Ed.). 164, new 
section 
after § 85. 

Certain con- 
tracts of gas, 
etc., com- 
panies to be 
filed with de- 
partment of 
public utilities. 



Acts, 1933. — Chap. 202. 



323 



sions or percentages for services of any kind furnished or 
rendered, or to be furnished or rendered, to such gas or 
electric company shall file with the department within ten 
days after said effective date a copy of any such existing 
contract and any extension or modification thereof, if in 
writing, or, if not in writing, a statement of all the terms 
thereof, and within ten days after the execution of any such 
contract, or of any extension or modification of any such 
contract whether or not existing on said effective date, a 
copy thereof, if in writing, or, if not in writing, a statement 
setting forth all the terms thereof. A gas or electric com- 
pany failing to file a copy or statement as required herein 
shall forfeit five dollars for each day during which such 
failure continues. All such forfeitures may be recovered 
by an information in equity brought in the supreme judicial 
court by the attorney general, at the relation of the depart- 
ment, and when so recovered shall be paid to the common- 
wealth. 

Section 2. Chapter one hundred and sixty-five of the 
General Laws is hereby amended by inserting after section 
four, as so appearing, the following new section: — Section 
4A. A water company that has, prior to the effective date 
of this section, entered into or shall thereafter enter into 
any contract with an affiliated company as herein defined, 
for the payment of any fees, salaries, commissions or per- 
centages for services of any kind furnished or rendered, or 
to be furnished or rendered, to such water company shall 
file with the department within ten days after said effective 
date a copy of any such existing contract and any extension 
or modification thereof, if in writing, or, if not in writing, a 
statement of all the terms thereof, and within ten days after 
the execution of any such contract, or of any extension or 
modification of any such contract whether or not existing 
on said effective date, a copy thereof, if in writing, or, if not 
in writing, a statement setting forth all the terms thereof. 
The words "affifiated company", as appearing in this sec- 
tion, shall be defined as in section eighty-five of chapter one 
hundred and sixty-four except that, in construing the 
definition in said section eighty-five for the purposes hereof, 
the words "a company subject to this chapter" shall mean 
a company as defined in section one of this chapter. A 
water company failing to file a copy or statement as re- 
quired herein shall forfeit five dollars for each day during 
which such failure continues. All such forfeitures may be 
recovered by an information in equity brought in the 
supreme judicial court by the attorney general, at the rela- 
tion of the department, and when so recovered shall be 
paid to the commonwealth. Approved May 16, 1933. 



G. L. (Ter. 
Ed.). 165, new 
section after 
§4. 

Certain con- 
tracts of water 
companies 
with affiliated 
companies 
to be filed 
with depart- 
ment of 
public utilities. 



324 



Acts, 1933. — Chaps. 203, 204. 



Chap. 203 An Act relative to the use, setting and maintenance 

OF CERTAIN TRAPS OR OTHER DEVICES FOR THE CAPTURE 
OF FUR-BEARING ANIMALS. 

Be it enacted, etc., as follows: 

Chapter one hundred and thirty-one of the General Laws 
is hereby amended by striking out section one hundred and 
five A, as appearing in the Tercentenary Edition thereof, 
and inserting in place thereof the following : — Section 
105 A. Whoever uses, sets or maintains any trap or other 
device for the capture of fur-bearing animals which is likely 
to cause continued suffering to an animal caught therein, 
and which is not designed to kill such animal at once or 
take it alive unhurt, shall be fined fifty dollars; but this 
section shall not apply to traps or other devices for protec- 
tion of property if set or maintained on land by the owner 
or tenant thereof, or, if authorized by such owner or 
tenant, by any member of his family or person employed 
by him. Approved May 16, 1933. 



G. L. (Ter. 
Ed.), 131, 
§ 105 A, 
amended. 



Use of traps, 
etc., for cap- 
ture of certain 
mammals, 
regulated. 



Penalty. 



1924, 488, § 3, 
etc., amended. 



ChaV 204 ^^ -^^'^ relative to the use of buildings and PREMISES 
and the OCCUPANCY OF LOTS IN THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Section 1. Paragraph (a) under paragraph (8) of sec- 
tion three of chapter four hundred and eighty-eight of the 
acts of nineteen hundred and twenty-four, as amended bj'' 
section one of chapter one hundred and forty-three of the 
acts of nineteen hundred and thirty-two, is hereby further 
amended by striking out all after the word "vehicle" in the 
third line, as appearing in said section one, and inserting in 
place thereof the following: — , provided that such a garage, 
except a building exempted from being licensed as a garage 
by section fourteen of chapter one hundred and forty-eight 
of the General Laws, is hcensed as provided in paragraph 
(9), — so as to read as follows: — 

(o) A garage or parking of automobiles, except garage 
space for or parking of not more than three automobiles, 
of which not more than one may be a commercial vehicle, 
provided that such a garage, except a building exempted 
from being licensed as a garage by section fourteen of 
chapter one hundred and forty-eight of the General Laws, 
is licensed as provided in paragraph (9). 

Section 2. Said paragraph (8) of said section three is 
hereby further amended by striking out paragraph (c) 
thereunder and inserting in place thereof the following 
paragraph : — 

(c) Signs except those pertaining to the lease, sale or 
use of the lot or building on which placed, and not exceeding 
a total area of eight square feet, and except further that 
on a lot occupied by a dwelling there shall not be more than 



Use of build- 
ings in Boston 
in single 
residence 
districts. 



1924, 488, § 3, 
etc., amended. 



Signs, etc., 
exception. 



Acts, 1933. — Chap. 204. 



325 



one such sign, pertaining to the use thereof or bearing the 
name or occupation, or both, of an occupant, for each 



aiiu eif:,iity ui iiie acts oi nmeieen nunarea ana imriy-one, 
is hereby further amended by striking out said paragraph 
and inserting in place thereof the following: — 

Set-back: On lots abutting on one side of a street between 
two intersecting streets in a sixty-five foot general residence 
district, and in any adjacent forty foot or thirty-five foot 
single or general residence district, no building shall here- 
after be erected or altered to be nearer the street line than 
the average set-back of existing buildings within such 
limits, subject to the following provisions: 

Section 5. Section sixteen of said chapter four hundred 
and eighty-eight, as amended, is hereby further amended 
by striking out paragraph (12), as amended by section 
five of chapter two hundred and twenty of the acts of 
nineteen hundred and twenty-seven, and inserting in place 
thereof the following: — 

(12) On a lot occupied by a dwelling, a one story build- 
ing of accessory use thereto and not more than fifteen feet 
high measured to the mean height of the gable may be 
located in and occupy not more than thirty per cent of the 
rear yard of such dwelling. The area occupied by such a 
building of accessory use shall not be included as occupied 
area in computing the percentage of lot occupancy. An 
accessory building for automobiles may be attached to the 
side of a dwelling; provided, that all open spaces for said 
dwelling shall be measured from the outside walls of the 
accessory building. 

Section 6. Said section sixteen of said chapter four hun- 
dred and eighty-eight, as amended, is hereby further 
amended by adding after paragraph (14), inserted by sec- 
tion five of said chapter one hundred and eighty, the 
following new paragraph : — 

(15) On a corner lot the entrance to the dwelling shall 
not be determinative of the front of the structure, but the 
front may be taken on either street. 

Approved May 18, 1933. 



Set-back. 



1924, 488. 
§ 16, etc., 
amended. 



Bulk district 
regulations. 
One story 
buildings. 



1924, 488, 
§ 16, etc., 
amended. 



Structure on 
corner lots. 



324 



Acts, 1933. — Chaps. 203, 204. 



Chap. 203 An Act relative to the use, setting and maintenance 



G.I 

Ed.; 

§ 10 
ame 



Use 
etc., 
ture 
mac 
regu 



Chapter 203, Acts of 1933. 
Referendum petition filed June 6, 1933. 
See page 728. 



Pen 



or tenant thereof, or, if authorized by such owner or 
tenant, by any member of his family or person employed 
by him. Approved May 16, 1933. 



Chav 204 An Act relative to the use of buildings and premises 

AND THE OCCUPANCY OF LOTS IN THE CITY OF BOSTON. 



1924, 488, § 3, 
etc., amended. 



Use of build- 
ings in Boston 
in single 
residence 
districts. 



1924, 488. § 3, 
etc., amended. 



Signs, etc., 
exception. 



Be it enacted, etc., as follows: 

Section 1. Paragraph (a) under paragraph (8) of sec- 
tion three of chapter four hundred and eighty-eight of the 
acts of nineteen hundred and twenty-four, as amended by 
section one of chapter one hundred and forty-three of the 
acts of nineteen hundred and thirty-two, is hereby further 
amended by striking out all after the word "vehicle" in the 
third line, as appearing in said section one, and inserting in 
place thereof the following: — , provided that such a garage, 
except a building exempted from being Hcensed as a garage 
by section fourteen of chapter one hundred and forty-eight 
of the General Laws, is licensed as provided in paragraph 
(9), — so as to read as follows: — 

(a) A garage or parking of automobiles, except garage 
space for or parking of not more than three automobiles, 
of which not more than one may be a commercial vehicle, 
provided that such a garage, except a building exempted 
from being licensed as a garage by section fourteen of 
chapter one hundred and forty-eight of the General Laws, 
is licensed as provided in paragraph (9). 

Section 2. Said paragraph (8) of said section three is 
hereby further amended by striking out paragraph (c) 
thereunder and inserting in place thereof the following 
paragraph : — 

(c) Signs except those pertaining to the lease, sale or 
use of the lot or building on which placed, and not exceeding 
a total area of eight square feet, and except further that 
on a lot occupied by a dwelling there shall not be more than 



Acts, 1933. — Chap. 204. 



325 



one such sign, pertaining to the use thereof or bearing the 
name or occupation, or both, of an occupant, for each 
family housed and no such sign shall exceed one square 
foot in area. 

Section 3. Section four of said chapter four hundred and 
eighty-eight is hereby amended by striking out paragraph 
(5) and inserting in place thereof the following: — 

(5) Accessory uses customarily incident to any of the 
above uses. The term "accessory use" shall be construed 
as in section three, except that said term as used in this 
section shall, elsewhere than in a thirty-five foot district, 
include a garage in the basement or cellar, or both, of a 
building. 

Section 4. Section thirteen of said chapter four hun- 
dred and eighty-eight, as amended in the fourth paragraph, 
entitled "Set-back", by section four of chapter one hundred 
and eighty of the acts of nineteen hundred and thirty-one, 
is hereby further amended by striking out said paragraph 
and inserting in place thereof the following: — 

Set-back: On lots abutting on one side of a street between 
two intersecting streets in a sixty-five foot general residence 
district, and in any adjacent forty foot or thirty-five foot 
single or general residence district, no building shall here- 
after be erected or altered to be nearer the street line than 
the average set-back of existing buildings within such 
limits, subject to the following provisions: 

Section 5. Section sixteen of said chapter four hundred 
and eighty-eight, as amended, is hereby further amended 
by striking out paragraph (12), as amended by section 
five of chapter two hundred and twenty of the acts of 
nineteen hundred and twenty-seven, and inserting in place 
thereof the following : — 

(12) On a lot occupied by a dwelling, a one story build- 
ing of accessory use thereto and not more than fifteen feet 
high measured to the mean height of the gable may be 
located in and occupy not more than thirty per cent of the 
rear yard of such dwelling. The area occupied by such a 
building of accessory use shall not be included as occupied 
area in computing the percentage of lot occupancy. An 
accessory building for automobiles may be attached to the 
side of a dwelling; provided, that all open spaces for said 
dwelling shall be measured from the outside walls of the 
accessory building. 

Section 6. Said section sixteen of said chapter four hun- 
dred and eighty-eight, as amended, is hereby further 
amended by adding after paragraph (14), inserted by sec- 
tion five of said chapter one hundred and eighty, the 
following new paragraph : — 

(15) On a corner lot the entrance to the dwelling shall 
not be determinative of the front of the structure, but the 
front may be taken on either street. 

Approved May 18, 1933. 



1924, 488, § 4. 
amended. 



General resi- 
dence 
districts. 



1924, 488, § 13, 
etc., amended. 



Set-back. 



1924, 488, 
§ 16. etc.. 
amended. 



Bulk district 
regulations. 
One story 
buildings. 



1924, 488, 
§ 16, etc., 
amended. 



Structure on 
corner lots. 



326 



Acts, 1933. — Chap. 205. 



Armory 
commissioners 
authorized to 
purchase from 
the Dennison 
Manufactur- 
ing Company 
certain land in 
town of 
Natick. 



Chap.205 An Act authorizing the purchase by the armory com- 
missioners OF CERTAIN PROPERTY IN THE TOWN OF 
NATICK FOR MILITARY PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. The armory commissioners, on behalf of 
the commonwealth, are hereby authorized, with the ap- 
proval of the governor and council, to acquire by purchase 
from the Dennison Manufacturing Company, a Massachu- 
setts corporation incorporated under general law, at an ex- 
pense not to exceed one hundred thousand dollars, exclu- 
sive of interest charges hereinafter provided, for the pur- 
pose of housing, and providing proper facilities for the 
repair of, certain motor apparatus and other property 
owned and/or issued to and used by the military forces of 
the commonwealth, the land with buildings situated thereon 
in the town of Natick and bounded and described as fol- 
lows, to wit: Westerly by Speen street fourteen hundred 
eighty-six and twenty-one hundredths feet; southerly by 
land now or formerly of the Boston & Albany Railroad 
Company, fourteen hundred seventy-eight and seven one 
hundredths feet ; easterly, three hundred three and seventy- 
four one hundredths feet; and northeasterly, sixteen hun- 
dred fifty-eight and fifty-three one hundredths feet by land 
now or formerly of the commonwealth; and northerly by 
land now or formerly of Rufus B. Morse et al., four hundred 
thirty-one and fifteen one hundredths feet. The con- 
veyance of said premises shall be subject to certain ease- 
ments and rights appurtenant thereto, all as set forth in the 
original certificate of title, numbered twenty-seven thou- 
sand six hundred and twenty-four, of the land court. 

Said sum of one hundred thousand dollars shall be paid 
as follows : — Eight thousand dollars on the date of the 
delivery to the armory commissioners of the deed of con- 
veyance of said premises, twenty-three thousand dollars, 
together with accrued interest from said date, at the rate 
of three and one half per cent per annum, on ninety-two 
thousand dollars, during the month of December, nineteen 
hundred and thirty-three; twenty-three thousand dollars, 
together with accrued interest at the same rate on sixty- 
nine thousand dollars since the date of the last interest 
payment, during the month of December, nineteen hun- 
dred and thirty-four; twenty-three thousand dollars, to- 
gether with accrued interest at the same rate on forty-six 
thousand dollars since the date of the last interest pay- 
ment, during the month of December, nineteen hundred 
and thirty-five; twenty-three thousand dollars, together 
with accrued interest on said amount at the same rate 
since the date of the last interest payment, during the 
month of December, nineteen hundred and thirty-six. 

Every contract, agreement or instrument of conveyance 
entered into under authority hereof shall be approved, as 
to form, by the attorney general. 



Acts, 1933. — Chap. 206. 



327 



Section 2. Acceptance of this act by said Dennison ^{"^^p*'^"''® 
Manufacturing Company, as evidenced by a vote of its company. 
board of directors filed in the office of the state secretary, 
shall constitute a contract between said company and the 
commonwealth, binding upon said company, by which it 
agrees to convey said property, and to accept payment 
therefor, as hereinbefore provided. The provisions of sec- 
tion twenty-seven of chapter twenty-nine of the General 
Laws shall not be applicable to any contract or agreement 
entered into by the armory commissioners under authority 
of this act. 

Section 3. Upon the acquisition of said property by the ^g'^'^pUown 
armory commissioners as aforesaid the provisions of sec- for loss of 
tions thirteen to seventeen, inclusive, of chapter fifty-eight '^^'"'*- 
of the General Laws shall apply to said property to the 
same extent as if it were a state military camp ground, ex- 
cept that for the purpose of reimbursing the town of Natick 
under said provisions for loss of taxes on said property in 
the years nineteen hundred and thirty-four and nineteen 
hundred and thirty-five, the word "land" as used in said 
sections shall include such buildings and structures on the 
land so acquired as were located thereon at the time of its 
acquisition hereunder. 

Section 4. The commonwealth shall reimburse said 
Dennison Manufacturing Company the amount of taxes 
on the property to be conveyed hereunder assessed to and 
paid by said company in the year nineteen hundred and 
thirty-three. 

Section 5. This act shall take full effect upon its 
acceptance, on or before July thirty-first in the current year 
and in the manner hereinbefore set forth, by said Dennison 
Manufacturing Company; otherwise it shall be of no 
effect. Approved May 18, 1933. 



An Act enabling the town of Winchester to convey a Chav. 20Q 
portion of a public playground. 

Be it enacted, etc., as follows: 

Section 1. The town of Winchester, by its board of 
park commissioners, may transfer and convey to The New 
Hope Baptist Church of Winchester, a corporation organ- 
ized under general law, approximately twenty-three hun- 
dred and thirty-nine square feet of land abutting the church 
lot of said corporation, heretofore acquired by said town 
and now held for pubhc playground purposes and no longer 
needed for pubhc use, in consideration of the granting by 
said corporation of an easement of public way or the release 
by it of all damages sustained by the laying out of a way, 
for public use, extending from Cross street over the north- 
westerly portion of said church lot to said playground. 

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

Approved May 24, 1933. 



328 Acts, 1933. — Chaps. 207, 208. 



Chap. 201 An Act providing for the lighting of the overpass for 

VEHICULAR TRAFFIC, AND ITS CONNECTIONS, AT THE 
junction of the REVERE BEACH PARKWAY AND BROAD- 
WAY IN THE CITY OF REVERE AND THE IMPROVING OF THE 
AREAS ADJOINING SAID OVERPASS. 

Be it enacted, etc., as follows: 

Section 1. The metropolitan district commission is 
hereby authorized and directed to improve the areas ad- 
joining the overpass for vehicular traffic at the junction of 
the Revere Beach parkway and Broadway in the city of 
Revere by such grading, loaming, seeding and planting as 
it may deem necessary or desirable, and to install and main- 
tain a system of street lighting on said overpass and the con- 
nections therewith. For said purposes said commission 
may expend not exceeding seventy-five hundred dollars 
out of the appropriation made by item six hundred and 
twenty-two of the general appropriation act of the current 
year, and all expense incurred after the current year in 
maintaining said lighting system shall be paid from the 
annual appropriation for the maintenance of boulevards 
and parkways. 

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

Approved May 24, 1933. 



Chap. 20S An Act authorizing the town of fairhaven to hold a 

SPECIAL TOWN ELECTION FOR THE FILLING OF CERTAIN 
VACANCIES SIMULTANEOUSLY WITH THE SPECIAL STATE 
EI^ECTION TO BE HELD ON JUNE THIRTEENTH IN THE 
CURRENT YEAR. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of filHng a vacancy in its 
board of selectmen, its board of public welfare and its 
planning board, for the unexpired terms, the town of 
Fairhaven is hereby authorized to hold a special town 
election on June thirteenth in the current year simul- 
taneously with the special state election to be held on said 
date and at the same polhng places; but separate ballots, 
ballot boxes, check lists and election officers shall be used 
for the election of said town officers and otherwise said 
special town election shall be held and conducted in the 
same manner as an annual town meeting. 

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

Approved May 24, 1933. 



Acts, 1933. — Chaps. 209, 210. 329 

An Act relative to the water supply of the town of Qfidj) 209 

MILTON. ^' 

Be it enacted, etc., as follows: 

Section 1. Chapter three hundred and seven of the acts 
of nineteen hundred and two is hereby amended by striking 
out section six and inserting in place thereof the following: 
— Section 6. Said town may, for the purposes provided 
by this act, issue from time to time bonds, notes or scrip as 
provided by chapter forty-four of the General Laws, as from 
time to time amended. Such bonds, notes or scrip shall be 
in serial form, shall bear on their face the words Town of 
Milton Water Loan, shall be signed, made payable and 
bear interest, and be used and disposed of by said town, all 
as provided in said chapter, as so amended. 

Section 2. Sections seven and eight of said chapter 
three hundred and seven are hereby repealed. 

Section 3. Said chapter three hundred and seven is 
hereby further amended by striking out section thirteen 
and inserting in place thereof the following: — Section 13. 
The prices or rates for the use of water in said town shall be 
determined in each year in accordance with section twenty- 
seven of chapter ninety-two of the General Laws, as from 
time to time amended. And said town may adopt such 
by-laws, and authorize the water commissioners to adopt 
such rules and regulations, not inconsistent with statutory 
provisions, as may be convenient or proper for regulating 
all minor matters of business routine. 

Section 4. Said chapter three hundred and seven is 
hereby further amended by adding at the end thereof the 
following new section: — Section 18. Any surplus realized 
by the water department of said town from the rates and 
charges, may, from time to time, be disposed of or applied, 
either in the discharge of obligations of the town in con- 
nection with its water department, or for the extension or 
replacements of its works, as the town may determine. 

Approved May 24, 1933. 



An Act authorizing the conveyance to the united fhn'Y) 210 

STATES OF AMERICA OF A TRACT OF LAND IN PETERSBURG, 
VIRGINIA, AND THE MASSACHUSETTS MILITARY MONU- 
MENT LOCATED THEREON. 

Be it enacted, etc., as follows: 

For the purpose of transferring to the United States of 
America for incorporation in the Petersburg National 
Military Park, which is being estabhshed under an act of 
congress approved July third, nineteen hundred and 
twenty-six, a certain tract of land owned by the common- 
wealth in Petersburg, Virginia, upon which stands the 
Massachusetts military monument erected under the pro- 



330 



Acts, 1933. — Chap. 211. 



visions of chapter seventy-two of the resolves of nineteen 
hundred and ten, the governor and council are hereby 
authorized, on behalf of the commonwealth, to convey to 
the United States of America said tract of land and military 
monument, with the provision that the grantee shall main- 
tain the property so conveyed without expense to the 
commonwealth. Approved May ^4, 1933. 



Chap.2n 



Powers and 
duties of 
certain officers 
and boards 
of the town of 
Dedham to be 
vested in the 
selectmen. 



Commissioner 
of public 
works, ap- 
pointment, 
powers and 
duties. 



An Act authorizing the selectmen of the town of 
dedham to exercise the powers of cemetery com- 
missioners, sewer commissioners, park commission- 
ers, gypsy moth superintendent and tree warden in 
said town. 

Be it enacted, etc., as follows: 

Section 1. The board of selectmen of the town of Ded- 
ham, as constituted from time to time, from and after the 
annual town election in the year nineteen hundred and 
thirty-four, in addition to any powers and duties vested in 
them immediately prior to the effective date of this act, 
shall have and exercise, under the designation of selectmen, 
all the powers and duties vested immediately prior to said 
election and from time to time by general or special law or 
by town by-law in the following boards and officers in said 
town, to wit: — cemetery commissioners, sewer commis- 
sioners, park commissioners, gypsy moth superintendent 
and tree warden; and such boards and offices shall there- 
upon be abohshed. No contracts or liabilities then in force 
shall be affected by such abolition, but the selectmen shall 
in all respects be the lawful successor of the boards and 
offices so abolished. 

Section 2. As soon as practicable after the effective date 
of this act, the selectmen shall appoint for a term expiring 
on April first, nineteen hundred and thirty-five, and fix the 
compensation of, a commissioner of public works, who shall 
administer, under the supervision and direction of the 
selectmen, as departments of the town, the boards and 
offices whose powers and duties are transferred to them 
under section one. He shall also be superintendent of 
streets and shall have charge of street lighting. In nine- 
teen hundi'ed and thirty-five and thereafter the selectmen 
shall annually in March appoint such a commissioner for a 
term of one year beginning on April first following, and fix 
his compensation. Said commissioner shall be responsible 
to the selectmen for the efficient administration of all de- 
partments within the scope of his duty. He shall be 
specially fitted by education, training and experience to 
perform the duties of said office, shall be appointed without 
regard to his poHtical belief and, when appointed, may or 
may not be a resident of the town or of the commonwealth. 
During his tenure he shall hold no elective or other ap- 
pointive office, nor shall he be engaged in any other business 



Acts, 1933. — Chap. 211. 



331 



Commissioner 
of public 
works to be 



or occupation. The selectmen by a majority vote may at 
any time remove him for cause, after a hearing or an oppor- 
tunity therefor; provided, that a written statement setting 
forth specific reasons for such removal is filed with the 
town clerk and a copy thereof delivered to or sent by regis- 
tered mail to said commissioner. Such action of the 
selectmen shall be final. 

Section 3. The commissioner of pubfic works shall be 
the administrative head of all the departments placed in 
his charge as aforesaid. His powers and duties, in addition ^ead of certain 
to those otherwise conferred or imposed upon him, shall ^^^"^ ^^^ *' 
include the following : — 

(a) To organize, continue or discontinue, from time to 
time, such departments or subdivisions thereof, not incon- 
sistent with the provisions of this act, as the selectmen may 
by vote determine. 

(b) To appoint upon merit and fitness alone, and, sub- 
ject to the limitations hereinafter contained, to remove, 
all superintendents or chiefs of the said departments and all 
subordinate officers and employees therein; and to fix the 
salaries and wages of all subordinates and employees therein. 
No superintendent or chief of a department shall be re- 
moved by the commissioner of public works unless at least 
five days prior to such removal a written statement setting 
forth specific reasons for such removal is delivered, or sent 
by registered mail, to him. 

(c) To attend all regular meetings of the selectmen when 
requested by them so to do, and to recommend to the 
selectmen for adoption such measures requiring action by 
them or by the town as he may deem necessary or expe- 
dient. 

(d) To keep full and complete records of his office, and 
to render to the selectmen, as often as may be required by 
them, a full report of all operations under his control during 
the period reported on; and annually, or oftener if re- 
quired by the selectmen, to make for publication a synopsis 
of all his reports. 

(e) To keep the selectmen fully advised as to the needs 
of the town within the scope of his duties, and to furnish the 
selectmen, on or before the thirty-first day of December of 
each year, a detailed list of the appropriations required dur- 
ing the next ensuing fiscal year for the proper conduct of all 
departments of the town under his control. 

Section 4. This act shall be submitted to the registered Acceptance 
voters of the town of Dedham for acceptance at its annual °^ ^'''^• 
town election in the year nineteen hundred and thirty-four, 
in the form of the following question, which shall be placed 
on the official ballot used in the election of town officers at 
said election: "Shall an act passed by the general court in 
the year nineteen hundred and thirty-three, entitled 'An 
Act authorizing the Selectmen of the Town of Dedham to 
exercise the Powers of Cemetery Commissioners, Sewer 
Commissioners, Park Commissioners, Gypsy Moth Super- 



332 Acts, 1933. — Chaps. 212, 213. 

intendent and Tree Warden in said Town', be accepted?" 
If a majority of the votes cast in answer to said question 
are in the affirmative this act shall take effect forthwith; 
otherwise it shall not take effect. 

Approved May 24, 1933. 

Chap.212 An Act authorizing the conveyance to the town of 

SHEFFIELD, BY THE TRUSTEES OF PUBLIC RESERVATIONS, 
OF PINE KNOLL RESERVATION IN SAID TOWN. 

Be it enacted, etc., as follows. • 

Section 1. The trustees of public reservations, incor- 
porated by chapter three hundred and fifty-two of the acts 
of eighteen hundred and ninety-one, are hereby authorized 
to convey to the town of Sheffield four certain tracts or par- 
cels of land lying in said town and known as the Pine Knoll 
reservation, said tracts and parcels being more particularly 
described in a deed of Mary E. Dewey and others, dated 
November twentieth, nineteen hundred and two, recorded 
in Berkshire county registry of deeds, southern district, 
book one hundred and eighty-eight, page two hundred and 
sixty-five, conveying the same to said trustees. Said 
tracts and parcels are to be conveyed to said town on con- 
dition that the same be held, managed and maintained by 
said town as a pubhc park or reservation under chapter 
forty-five of the General Laws, as appearing in the Tercen- 
tenary Edition thereof, and the said town is hereby author- 
ized to acquire, hold, manage and maintain said tracts and 
parcels for the purposes and in the manner aforesaid. 

Section 2. This act shall take effect upon its passage; 
but the authority conferred thereby is hereby declared to be 
limited to such authority as the general court is competent to 
grant. Approved May 24, 1933. 

C/iap. 213 An Act relative to the settlement of certain em- 
ployees OF STATE AND COUNTY TUBERCULOSIS HOSPITALS 
AND SANATORIA. 

Be it enacted, etc., as follows: 

G. L. (Ter. ^ Chapter one hundred and sixteen of the General Laws is 
amended.' "' hereby amended by striking out section two, as appearing 
in the Tercentenary Edition thereof, and inserting in place 
Settlement not thereof the followiug : — Section 2. No person shall acquire 
receiving pub- a Settlement, or be in the process of acquiring a settlement, 
lie relief. while receiving public relief other than aid or relief received 

Exceptions. Under chapter one hundred and fifteen, unless, within two 
years after receiving such relief, he tenders reimbursement 
of the cost thereof to the commonwealth or to the town 
furnishing it. No former patient of a state or county tuber- 
culosis sanatorium or hospital, who is employed in such an 
institution, shall lose or gain a settlement or be in the proc- 
ess of losing or gaining a settlement while so employed. 

Approved May 24, 1933. 



Acts, 1933. — Chap. 214. 333 



An Act establishing special fox-hunting licenses for (Jjidy 214 

NON-RESIDENT MEMBERS AND GUESTS OF CLUBS OR ASSO- ^' 

CIATIONS CONDUCTING FOX HUNTS IN THE COMMON- 
WEALTH. 

Be it enacted, etc., as follows: 

Section 1. Section five of chapter one hundred and g. l. (Ter. 
thirty-one of the General Laws, as most recently amended ftc'''amiAded 
by section one of chapter two hundred and seventy-two of 
the acts of nineteen hundred and thirty-two, is hereby 
further amended by inserting after the word "license" in 
the tenth line the words : — , or a special fox-hunting license 
issued under section eight A, — and by striking out, in the 
eleventh line, the word "three" and inserting in place 
thereof the word: — four, — so as to read as follows: — 
Section 5. Except as provided in section ninety-one. Licensing 
ninety-two, ninety-six, ninety-nine or one hundred and t/apperrand 
eight, no person shall hunt any bird or mammal, and no fishermen 
person, unless he is under fifteen years of age, shall fish, pox-hunting 
except as hereinafter provided, in any of the inland waters licenses. 
of the commonwealth, and no person shall use, set, tend 
or maintain any trap, or take or attempt to take any mam- 
mal by means thereof, without first having obtained a 
sporting, hunting, fishing or trapping license, or a special 
fox-hunting license issued under section eight A, as the case 
may be, authorizing him so to do, as provided in the four 
following sections; provided, that nothing in sections five 
to twelve, inclusive, shall be construed as affecting in any 
way the general laws relating to trespass, or as authorizing 
the hunting, or the possession of, birds or mammals, con- 
trary to law, or the taking of fish, or the possession thereof, 
contrary to law. But said last mentioned sections shall 
not prohibit any person who is a legal resident of the com- 
monwealth or any member of his immediate family, residing 
on land owned or leased by him, from hunting or trapping 
on such land or from fishing in any inland waters bordered 
by such land; provided, that he is or they are actually 
domiciled thereon, and that the land is used exclusively for 
agricultural purposes, and not for club, shooting or fishing 
purposes; and provided, further, that the burden of proof 
shall rest upon the person claiming such exemptions to show 
that he is entitled thereto. 

Section 2. Said chapter one hundred and thirty-one g. l. (Ter. 
is hereby further amended by inserting after section eight, ^ction^aVter^"^ 
as appearing in the Tercentenary Edition thereof, the fol- § 8. 
lowing new section: — Section 8 A. A non-resident mem- special fox- 
ber or non-resident invited guest of a club or association i^^^^^f 
conducting fox hunts within the commonwealth may pro- 
cure a special fox-hunting hcense authorizing him, for 
periods not exceeding, in the aggregate, six days within any 
calendar year and during regular fox hunts conducted by 
such club or association, to hunt foxes only. No such 



334 



Acts, 1933. — Chap. 215. 



G. L. (Ter. 
Ed.J. 131, §12, 
etc., amended. 



Non-resi- 
dent licensees 
entitled to 
carry from 
state fi.sh, etc., 
legally taken. 



license shall be valid unless, not less than fifteen days prior 
to the holding of any such fox hunt, the club or association 
conducting the same files with the director its non-resident 
membership list. The fee for every such license shall be 
two dollars. Licenses under this section shall be issued by 
the director, or by a city or town clerk specially designated 
therefor by him, in the form prescribed upon blanks fur- 
nished by the division, and shall bear the data required by 
section six which shall be furnished to such director or clerk 
by the applicant. The provisions of said section six rela- 
tive to the transfer or loan of a license issued thereunder and 
relative to the carrying on the person of such a hcense and 
its production for examination shall apply in the case of a 
license issued under this section. Whoever for the purpose 
of procuring a license under this section for himself or 
another falsely makes any representation or statement re- 
quired by this section or said section six shall be punished 
by a fine of not less than ten nor more than fifty dollars, 
or by imprisonment for not more than one month, or both. 
Each licensee under this section shall, within ten days after 
the close of each hunt in which he participates, report in 
writing to the director the number of foxes taken or killed 
by him at such hunt and, not later than December thirty- 
first of the year of issue, shall return his license to the di- 
rector with an endorsement thereon stating the total num- 
ber of foxes taken or killed by him under authority thereof 
and specifying the dates on which he hunted thereunder. 
No license hereunder shall be granted to a minor. 

Section 3. Said chapter one hundred and thirty-one 
is hereby further amended by striking out section twelve, 
as most recently amended by section five of said chapter two 
hundred and seventy-two, and inserting in place thereof the 
following: — Section 12. Except as prohibited or limited 
by federal legislation or regulation, any person who holds a 
sporting, hunting, fishing, trapping or special fox-hunting 
license issued to him as a non-resident may carry from the 
commonwealth such fish, birds or mammals as have been 
legally taken within the commonwealth. 

Approved May 24, 1933. 



Chap.215 An Act relative to the preparation of a topographical 

SURVEY AND MAP OF THE COMMONWEALTH. 



Emergency 
preamble. 



Preparation 
of certain 
maps, etc., 



Whereas, The deferred operation of this act would tend 
to defeat one of its purposes which is to provide unemploy- 
ment relief, therefore it is hereby declared to be an emer- 
gency law, necessary for the immediate preservation of the 
public convenience. 

Be it enacted, etc., as follows: 

The department of public works is hereby authorized 
to confer from time to time with the director or a repre- 
sentative of the United States geological survey and to 



Acts, 1933. — Chap. 216. 



335 



co-operate with said survey in the preparation of a contour by department 
topographical survey and map of this commonwealth, works'! '° 
Said department may arrange with said director or repre- 
sentative concerning all details of the work to be carried 
out on the part of the commonwealth. Said department is 
hereby authorized to receive contributions from individuals, 
associations, corporations or others, toward meeting the 
commonwealth's portion of the cost of the work herein 
provided for. Said contributions shall be deposited with 
the state treasurer and shall be available for meeting said 
portion of the cost of the work, without appropriation by 
the general court. Subject in any fiscal year hereafter to 
appropriation, said department may expend to meet said 
portion of the cost of the work such sums, in addition to 
available proceeds of such contributions, as will make the 
total expenditure of the commonwealth equal to the amount 
expended for said work by the United States of America, 
but in no event shall the total expenditure of the common- 
wealth, including contributions as aforesaid, exceed fifty 
thousand dollars in any one year. Expenditures incurred 
in the current fiscal year by said department under au- 
thority hereof, except in so far as paid from the proceeds of 
such contributions, shall be paid from item numbered five 
hundred and seventy-eight of the general appropriation 
act of the current year. Approved May 26, 1933. 



An Act further regulating the number of licenses ^i <^^ ^ 

THAT MAY BE ISSUED FOR THE SALE AT RETAIL OF WINES ^"-C^Z^-^lO 
AND MALT BEVERAGES NOT TO BE DRUNK ON THE 
PREMISES. 

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

Be it enacted, etc., as follows: 

Section six of chapter one hundred and twenty of the 1933, 120. § 6. 
acts of the current year is hereby amended by striking amended. 
out the third sentence and inserting in place thereof the 
following: — In each ward of any such city, in each voting Number of 
precinct of any such town having a population in excess lorsailat 
of forty thousand, in each other such town as a whole, retail of wines, 
one such license may be granted for each population unit ^^°" '^^^^^'^*'^'^- 
of one thousand and for each additional fraction thereof 
up to but not exceeding a population of ten thousand, one 
additional license for each population unit of two thousand 
and for each additional fraction thereof above a popula- 
tion of ten thousand up to but not exceeding a population 
of fifty thousand, and one additional license for each pop- 
ulation unit of five thousand and for each additional 
fraction thereof above a population of fifty thousand; 
provided, that one such license may be granted in any such 



336 Acts, 1933. — Chaps. 217, 218. 

town irrespective of population, and provided, further, 
that in any such city or town which has an increased 
resident population during the summer months, the local 
licensing authorities may make an estimate prior to June 
first in any year of such temporary resident population as 
of July tenth following, and one such license, to be effective 
from June first to October first only, may be granted for 
each unit of one thousand, or additional fraction thereof, 
of such population as so estimated. Any license granted 
in excess of any provision of this section shall be void. 

Approved May 26, 1933. 



Chap. 217 An Act to provide for the improvement of the dike 

ACROSS THE MOUTH OF HERRING RIVER IN THE TOWN OF 
WELLFLEET AND THE HERRING RIVER AND ITS TRIBUTARIES. 

Emergency Whereas, The deferred operation of this act would tend 

pream e. ^^ defeat its purposc, 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: 

For the purpose of providing better drainage above the 
dike across the mouth of Herring river in the town of Well- 
fleet, the department of public works is hereby authorized 
and directed, in consultation with the state reclamation 
board, to make such changes as appear to be necessary in 
the said dike and its appurtenances and to dredge or clear 
all obstructions in the channels above the said dike. For 
the purpose of this act the department may expend such 
sums not exceeding ten thousand dollars as may be ap- 
propriated. One half of the expenditures authorized under 
this act shall be assessed by the state treasurer on the 
towns within the county of Barnstable in proportion to their 
valuations as additions to their respective quotas of the 
state tax next to be assessed. Approved May 26, 1933. 



Chap,21S An Act authorizing the town of Arlington to convey 

A PORTION OF THE ETHEL L. WELLINGTON PLAYGROUND. 

Be it enacted, etc., as follows: 

Section 1. The town of Arlington is hereby au- 
thorized to convey the following portion of the Ethel L. 
Wellington playground located on Grove street in said 
town: Beginning at the northeasterly corner of said play- 
ground, said point being about one hundred seventeen and 
sixty-two hundredths feet southerly from the southerly 
line of Dudley street, thence running westerly by land of 
Gerardo Riccardi one hundred thirty-three and eighty- 
eight hundredths feet, thence running easterly to a point 
on Grove street thirteen and five tenths feet southerly of the 



Acts, 1933. — Chaps. 219, 220. 



337 



point of beginning, and thence running northerly to point 
of beginning. 

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

Approved May 26, 1933. 



An Act relative to eligibility for old age assistance. (J}iar).2\^ 



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

Be it enacted, etc., as follows: 

Section one of chapter one hundred and eighteen A of 
the General Laws, as appearing in the Tercentenary Edition 
thereof, is hereby amended by striking out, in the fourth 
hne, the words "arrival at such age" and inserting in place 
thereof the words: — the date of apphcation for such 
assistance, — so as to read as follows: — -Section 1. Ade- 
quate assistance to deserving citizens in need of relief and 
support seventy years of age or over who shall have resided 
in the commonwealth not less than twenty years imme- 
diately preceding the date of apphcation for such assist- 
ance, subject to such reasonable exceptions as to continuity 
of residence as the department of public welfare, in this 
chapter called the department, may determine by rules 
hereinafter authorized, shall be granted under the supervi- 
sion of the department. Such assistance shall, wherever 
practicable, be given to the aged person in his own home or 
in lodgings or in a boarding home, and it shall be sufficient 
to provide such suitable and dignified care. No person 
receiving assistance hereunder shall be deemed to be a 
pauper by reason thereof. Approved May 26, 1933. 



Emergency 
preamble. 



G. L. (Ter. 
Ed), 118A. 
§ 1, amended. 



Department of 
public welfare 
to supervise 
rendering of 
assistance to 
aged citizens. 
Eligibility for 
such assist- 



An Act to provide for the more effective enforce- 
ment OF decrees of the minimum wage commission. 

Be it enacted, etc., as follows: 

Section 1. Chapter one hundred and fifty-one of the 
General Laws is hereby amended by inserting after sec- 
tion eleven the following four new sections: — Section 11 A. 
If the commission shall at any time find, after investiga- 
tion, that an employer engaged in manufacturing continues 
to violate any such decree, after his name has been pub- 
hshed under section eleven, it may order such employer 
to cause to be affixed to every article thereafter manu- 
factured in the course of such violation or to its container, 
or both, a tag, stamp, label or other device in such form, 
color and type as the commission may prescribe, stating 
the fact that such article is manufactured in whole or in 
part by the labor of women and minors in violation of a 
decree of the commission. Within ten days after the 
issuance of such an order to any employer he may file with 



Chap.220 



G. L. (Ter. 
Ed.). 151. 
four new 
sections 
after § 11. 
Enforcement 
of decrees 
of minimum 
wage com- 
mission rela- 
tive to manu- 
facturers. 



338 



Acts, 1933. — Chap. 221. 



Enforcement 
in respect to 
retailers. 



Penalty for 
removing, etc. 
tag, labels, 
etc. 



Rescinding 
of orders, 
when. 



Provisions of 
act limited. 



the commission his objections thereto in writing. The 
commission shall, within ten days after such filing, suspend, 
amend, revoke or reaffirm such order. Refusal or failure 
to comply with an order of the commission issued under 
this section and in full force and effect shall be punished 
by imprisonment for not more than thirty days or by a fine 
of not more than five hundred dollars, or both. 

Section IIB. The commission may insert in any order 
issued under section eleven A, a provision that a dealer 
selling at retail within the commonwealth any article to 
which, or to the container of which, is attached a tag, 
stamp, label or other device in pursuance of such an order 
shall keep conspicuously posted on his premises in such 
place, form, type and manner as the commission may pre- 
scribe, a notice that articles are for sale on said premises 
manufactured in whole or in part by the labor of women or 
minors in violation of a decree of the commission. A 
dealer failing to comply with such a provision shall be sub- 
ject to the penalties prescribed in section eleven A. 

Section llC. Whoever knowingly and wilfully defaces, 
removes or destroys a tag, stamp, label or other device 
attached to an article or its container in pursuance of an 
order of the commission issued under section eleven A, or a 
notice posted as required in section eleven B, shall be sub- 
ject to the penalties prescribed in section eleven A. The 
department of labor and industries shall enforce this and 
the two preceding sections. 

Section IID. The commission may on its own initiative 
or at the request of an employer rescind any order issued 
under section eleven A, if after an investigation it de- 
termines such employer is complying with its decree. 

Section 2. No order shall be issued by the minimum 
wage commission under section eleven A of chapter one 
hundred and fifty-one of the General Laws, inserted by 
section one of this act, affecting any employer in respect to 
wages paid by him in any occupation for which it has 
established a minimum wage by decree rendered prior to 
the effective date of this act, unless and until, in a proceed- 
ing conducted as provided in section five of said chapter 
one hundred and fifty-one, it shall have reinvestigated said 
wage and affirmed, modified or rescinded the same. 

Approved May 26, 1933. 



Chap. 221 An Act abolishing the requirement that executors 

AND administrators GIVE NOTICE OF THEIR APPOINT- 
MENT. 

Be it enacted, etc., as follows: 

Section 1. Sections one to four, inclusive, of chapter 



G. L. (Ter. 
Ed.), 195. 
§ § 1 to 4, 
repealed. 



one hundred and ninety-five of the General Laws, as appear- 
ing in the Tercentenary Edition thereof, are hereby repealed. 



Acts, 1933. — Chap. 221. 



339 



Section 2. Section eight of said chapter one hundred 
and ninety-five, as so appearing, is hereby amended by 
striking out, in the twelfth and thirteenth hnes, the words 
"and also the notice of appointment of such executor or 
administrator", — so as to read as follows: — Section 8. 
An executor or administrator who is appointed in, but 
resides out of, the commonwealth shall not enter upon the 
duties of his trust nor be entitled to receive his letter of 
appointment until he shall, by a writing filed in the registry 
of probate for the county where he is appointed, have ap- 
pointed an agent residing in the commonwealth, and, by 
such writing, shall have agreed that the service of any legal 
process against him as such executor or administrator, or 
that the service of any such process against him in his 
individual capacity in any action founded upon or arising 
out of any of his acts or omissions as such executor or 
administrator, shall, if made on said agent, have like effect 
as if made on him personally within the commonwealth, 
and such service shall have such effect. Said writing shall 
state the name and address of the agent. An executor or 
administrator who, after his appointment, removes from, 
and resides without, the commonwealth shall so appoint 
a like agent. 

Section 3. Section two of chapter one hundred and 
ninety-seven of the General Laws, as so appearing, is 
hereby amended by striking out, in the first and second 
hnes the words "who has given due notice of his appoint- 
ment does not within six months thereafter" and inserting 
in place thereof the words : — does not within six months 
after the approval of his bond, — so as to read as follows: 
— Section 2. If an executor or administrator does not 
within six months after the approval of his bond have notice 
of demands against the estate of the deceased sufficient to 
warrant him to represent such estate to be insolvent, he 
may, after the expiration of said six months, pay the debts 
due from the estate and shall not be personally liable to 
any creditor in consequence of such payments made before 
notice of such creditor's demand; and if such executor or 
administrator is in doubt as to the validity of any debt 
which, if vahd, he would have a right to pay under this 
section, he may, with the approval of the probate court, 
after notice to all persons interested, pay such debt or so 
much thereof as the court may authorize. 

Section 4. Section nine of said chapter one hundred 
and ninety-seven, as so appearing, is hereby amended by 
striking out, in the second line, the following ", after having 
given due notice of his appointment," — so as to read as 
follows: — Section 9. Except as provided in this chapter, 
an executor or administrator shall not be held to answer 
to an action by a creditor of the deceased which is not 
commenced within one year from the time of his giving 
bond for the performance of his trust, or to such an action 
which is commenced but not entered within said year 



G. L. (Ter. 
Ed.), 195, §8, 
amended. 



Agent of non- 
resident 
executor or ad- 
ministrator. 



G. L. (Ter. 
Ed.), 197, §2, 
amended. 



Payment of 
debts by 
executors, etc. 



G. L. (Ter. 
Ed.). 197, § 9, 
amended. 



Time within 
which creditors 
shall bring 
actions. 



340 



Acts, 1933. — Chap. 221. 



G. L. (Ter. 

Ed.), 202, 

§ 20, amended. 



Time within 
which real 
estate is liable 
to be sold for 
payment of 
debts. 



G. L. (Ter. 

Ed.), 204, 

§ 26, amended. 



unless before the expiration thereof the writ in such action 
has been served by deHvery in hand upon such executor 
or administrator or service thereof accepted by him or a 
notice stating the name of the estate, the name and address 
of the creditor, the amount of the claim and the court in 
which the action has been brought has been filed in the 
proper registry of probate. An executor, administrator 
or administrator de bonis non shall not be held to answer 
to an action by a creditor of the deceased which is com- 
menced but not entered within any other or additional 
period of limitation for bringing such action provided by or 
under this chapter unless before the expiration of such 
period the writ in such action has been served by delivery 
in hand upon him or service thereof accepted by him or a 
notice as aforesaid has been filed in the proper registry of 
probate. The probate court may allow creditors further 
time for bringing actions, not exceeding two years from the 
time of the giving of his o,fficial bond by such executor or 
administrator, provided that application for such further 
time be made before the expiration of one year from the 
time of the approval of the bond. 

Section 5. Chapter two hundred and two of the 
General Laws is hereby amended by striking out sec- 
tion twenty, as appearing in the Tercentenary Edition 
thereof, and inserting in place thereof the following : — 
Section 20. No interest in the real estate of a deceased 
person conveyed absolutely or in mortgage for value and 
in good faith by an instrument duly recorded shall be 
liable to be taken on execution, or sold under any judicial 
proceeding for payment of his debts, costs of court, or 
claims against his estate, except claims for taxes, municipal 
assessments or succession taxes, legacies or other charges 
created by will of the deceased, or the expenses or charges 
of administration, after the expiration of one year from the 
time of such executor or administrator giving bond for the 
performance of his trust, unless in pursuance of a license 
to sell granted in consequence of an order for the retention 
of assets passed under the provisions of section thirteen of 
chapter one hundred and ninety-seven upon a petition 
filed within said year or before said conveyance or mortgage 
is recorded, or unless in pursuance of a license to sell 
granted upon a petition filed in the registry of probate 
within said year, or unless for the satisfaction in whole or in 
part of a claim of which notice has been filed in the registry 
of probate within said year, stating substantially the 
name and address of the claimant, the nature and amount of 
the claim and the court, if any, in which proceedings are 
pending to determine or enforce the same. Said notice 
shall be filed with the other proceedings in the case and 
entered upon the docket under the name of the estate of 
the deceased. 

Section 6. Section twenty-six of chapter two hundred 
and four of the General Laws, as so appearing, is hereby 



Acts, 1933. — Chap. 222. 



341 



amended by striking out, in the third and fourth hnes, the 
words "notice of an appointment or", — so as to read as 
follows : — Section 26. If an executor, administrator, 
guardian, conservator, trustee, receiver, commissioner or 
other fiduciary officer appointed by the probate court, or a 
person employed by him to give notice of sale of real estate, 
has failed to file an affidavit of such notice in the probate 
court and such affidavit cannot be obtained, the court may, 
upon petition of any person interested in real estate the 
title to which may be affected thereby, stating the particular 
failure complained of and averring that the affidavit can- 
not be obtained, order notice by pubhcation to creditors of, 
and others interested in, the estate in the settlement of 
which the failure complained of occurred. If, upon return 
of such notice and after hearing, the court is satisfied that 
such notice was in fact given, it may make a decree to that 
effect. 

Section 7. Section five of chapter two hundred and 
twenty-eight of the General Laws, as so appearing, is 
hereby amended by striking out all after the word "bond" 
in the fourth hne, — so as to read as follows: — Section 5. 
Such citation shall be returnable at such time as the court 
may order and shall be served fourteen days at least before 
the return day; but it shall not issue after the expiration of 
one year from the time such executor or administrator 
has given bond. 

Section 8. This act shall become effective on the first 
day of October in the current year and shall apply only 
with respect to executors and administrators whose bonds 
shall have been approved after said date. 

Approved May 26, 1933. 



Failure of 
proof of notice 
of sale, how 
remedied. 



G L. (Ter. 

Ed), 228. § 5 
amended. 



Citation. 



Effective 
date, etc. 



^_ Chap.222 



1930, 184. § 6, 
amended. 



An Act relative to certain retirement allowances 

PAYABLE TO CERTAIN EMPLOYEES OP THE CITY OF SOMER 
VILLE. 

Be it enacted, etc., as foUoivs: 

Section 1. Subsection two of section six of chapter 
one hundred and eighty-four of the acts of nineteen hundred 
and thirty is hereby amended by striking out paragraph (c) 
and the following paragraph and inserting in place thereof 
the following: — 

(c) If he has a prior service certificate in full force and conditions for 
effect an additional pension which is the actuarial equiva- aiimv^^ce! etc. 
lent of twice the pension which would have been payable Additional 
on account of the accumulated deductions which would p*^"*'°'^- 
have resulted from contributions made during the period of 

his creditable prior service rendered both before and after 
age sixty had the system then been in operation. 

(d) The total pension of any member payable under Total 
the provisions of this section shall not, however, exceed p^"^^'""- 
one half of his average annual regular compensation during 



342 



Acts, 1933. — Chap. 222. 



1930, 184, § 9, 
amended. 



Reduction of 
pensions in 
certain cases. 



the five years immediately preceding his retirement, nor 
shall the total pension of any member, who has fifteen or 
more years of total creditable service be less than an amount 
which, added to his annuity, shall make his total retirement 
allowance equal to four hundred and eighty dollars per 
annum. 

Section 2. Section nine of said chapter one hundred 
and eighty-four is hereby amended by striking out para- 
graph (2) and inserting in place thereof the following: — 

(2) Should such physician or physicians report and 
certify to the retirement board that such disability bene- 
ficiary is engaged or able to engage in a gainful occupation, 
and should the retirement board find that his earnings, if he 
is so engaged, are less than the final regular compensation 
at which he was retired, but more than the difference 
between said final regular compensation and his retirement 
allowance, then the amount of his pension shall be reduced 
to an amount which, together with his annuity and his 
earnings, shall equal the amount of his final regular com- 
pensation. Should his earnings be later changed, the 
amount of his pension may be further modified; provided, 
that the new pension shall not exceed the amount of the 
pension originally granted nor shall it exceed an amount 
which, when added to the amount earned by the beneficiary 
together with his annuity, equals the amount of his final 
regular compensation. With the approval of the head of 
any department in which a vacancy exists, in the same 
employment in which such beneficiary was employed by 
the city at the time of his retirement, or in a similar em- 
ployment, said board may order such beneficiary to return 
and be restored to active service in the employment of the 
city in such department. If such beneficiary refuses so to 
return, said board may revoke or suspend his pension. 
If a beneficiary is so restored to active service at a com- 
pensation less than his final regular compensation, but 
greater than the difference between the amount of his 
final regular compensation and his retirement allowance, 
then the amount of his pension shall be reduced to an 
amount which, when added to his annuity and the com- 
pensation at which he is so restored, shall equal the amount 
of the final regular compensation at which he was retired. 
Should his compensation be later changed, the amount of 
his pension may be modified as hereinbefore provided. 
Such a beneficiary restored to active service at a com- 
pensation less than his final regular compensation shall not 
become an active member of the retirement system, and 
upon eventual retirement shall receive the same retirement 
allowance which he was receiving prior to his restoration 
to active service. The requirements of chapter thirty-one 
of the General Laws and rules adopted thereunder, relative 
to an original appointment or to reinstatement, shall not 
apply to restoration under this section to active service 
in an office or position subject to said chapter; but the 



Acts, 1933. — Chap. 223. 



343 



1930, 184, § 9, 
amended. 

Re-examina- 
tion after 
Buspension, 
etc., of pension. 



1930, 184. 

§ 15, amended. 



Pension 
reserve fund. 



head of the department to service in which the beneficiary- 
is restored shall notify the commissioner of civil service of 
such restoration, and the person restored shall thereafter 
have all rights under said chapter thirty-one which he would 
have had if he had been continuously employed in the 
active service of the city from the time of his original 
appointment. 

Section 3. Said section nine is hereby further amended 
by adding thereto the following new paragraph : — 

(4) Upon apphcation by a beneficiary whose pension 
has been revoked or suspended under paragraph (2), the 
retirement board shall cause him to be again examined 
by a physician or physicians under paragraph (1). If such 
physician or physicians report and certify to said board that 
such beneficiary is no longer engaged or able to engage in 
any gainful occupation or employment, his pension may, 
by order of said board, be restored to him. 

Section 4. Section fifteen of said chapter one hundred 
and eighty-four is hereby amended by striking out para- 
graph (4) and inserting in place thereof the following: — 

(4) The Pension Reserve Fund shall be the fund from 
which shall be paid the pensions to members not entitled 
to credit for prior service and benefits in lieu thereof. 
Should such a beneficiary, retired on account of disability, 
be restored to active service with a compensation which 
causes his pension to cease under paragraph (2) or (3) 
of section nine, the pension reserve thereon shall be trans- 
ferred from the Pension Reserve Fund to the Pension Ac- 
cumulation Fund. Should the pension of a disability bene- 
ficiary be reduced under said paragraph (2), the amount of 
the annual reduction in his pension shall be paid annually 
into the Pension Accumulation Fund during the period of 
such reduction. 

Section 5. This act shall take effect upon its accep- 
tance during the current year by vote of the city council of 
said city, subject to the provisions of its charter. 

Approved May 26, 1933. 

An Act providing retirement allowances based on r^hrij. 22S 

ANNUITY AND PENSION CONTRIBUTIONS FOR EMPLOYEES ^' 

OF THE CITY OF EVERETT. 

Be it enacted, etc., as follows. • 

PURPOSE OF THE ACT. 

Section 1. The purpose of this act is to improve the 
efficiency of the pubHc service of the city of Everett, herein- 
after called the city, by the retirement of disabled or super- 
annuated employees. 

definitions. 
Section 2. The following words and phrases as used 
in this act, unless a different meaning is plainly required 
by the context, shall have the following meanings : — 



Acceptance 
of act. 



344 Acts, 1933. — Chap. 223. 

(1) "Retirement system", the arrangement provided 
in this act for the retirement of, and payment of retire- 
ment allowances to, employees as defined in paragraph (2) 
of this section. 

(2) "Employee", any person who is regularly em- 
ployed in the service of, and whose salary or compensation 
is paid by, the city, except employees who hold office by 
popular election, who are not members at the time of their 
election, and teachers in the public schools as defined by 
section six of chapter thirty-two of the General Laws. 
In all cases of doubt the retirement board shall decide who 
is an employee within the meaning of this act. 

(3) "Member", any employee included in the retire- 
ment system as provided in section four of this act. 

(4) "Retirement board", the board provided in section 
fourteen of this act to administer the retirement system. 

(5) "Service", service as an employee as described in 
paragraph (2) of this section and paid for by the city of 
Everett. 

(6) "Prior service", service rendered prior to the date 
the retirement system becomes first operative, for which 
credit is allowable under the provisions of section five of 
this act. 

(7) "Membership service", service as an employee 
rendered since last becoming a member. 

(8) "Creditable service", "prior service" plus "member- 
ship service", for which credit is allowable as provided in 
section five of this act. 

(9) "Beneficiary", any person in receipt of a pension, 
an annuity, a retirement allowance or other benefit as 
provided by this act. 

(10) "Regular interest", interest at four per centum 
per annum compounded annually; provided, that if the 
actual net interest earned on the reserves of the retirement 
system be less than four per centum, the rate may be 
reduced to not less than three per centum per annum after 
the retirement board has given the members ninety days' 
notice of a proposed reduction in rate; and provided, 
further, that such reduction shall not affect any payments or 
credits made prior to the date of the change in rate. 

(11) "Accumulated deductions", the sum of all the 
amounts deducted from the compensation of a member and 
standing to his credit in the annuity savings fund, together 
with regular interest thereon. 

(12) "Annuity", annual payments for life derived from 
the accumulated deductions of a member. All annuities 
shall be paid in monthly instalments. 

(13) "Pension", annual payments for fife derived from 
contributions made by the city. All pensions shall be paid 
in monthly instalments. 

(14) "Retirement allowance", the sum of the "annuity" 
and the "pension". 

(15) "Regular compensation", the annual compensa- 



Acts, 1933. — Chap. 223. 345 

tion determined by the head of the department for the 
individual service of each employee in that department 
and the compensation determined by duly constituted 
authority for appointed officers of the city, exclusive of 
bonus or overtime payments. 

(16) "Annuity reserve", the present value of all pay- 
ments to be made on account of any annuity or benefit 
in lieu of any annuity computed upon the basis of such 
mortality tables as shall be adopted by the retirement 
board and regular interest. 

(17) "Pension reserve", the present value of all pay- 
ments to be made on account of any pension or benefit in 
lieu of any pension computed upon the basis of such mor- 
tahty tables as shall be adopted by the retirement board 
and regular interest. 

(18) "Actuarial equivalent", a benefit of equal value 
when computed upon the basis of such mortality tables as 
shall be approved by the retirement board and regular 
interest. 

NAME AND DATE SYSTEM IS FIRST OPERATIVE. 

Section 3. A retirement system is hereby estab- 
lished and placed under the management of the retirement 
board for the purpose of providing retirement allowances 
under the provisions of this act for employees of, or em- 
ployees paid by, the city. The retirement system so 
created shall have the powers and privileges of a corporation 
and shall be known as the "Everett Retirement System", 
and by such name all of its business shall be transacted, 
all of its funds invested, all warrants for money drawn and 
payments made, and all of its cash and securities and other 
property held. The retirement system so created shall 
begin operation upon the first day of January, nineteen 
hundred and thirty-five, 

membership. 

Section 4. (1) The membership of the retirement 
system shall be constituted as follows: — 

(a) All persons who become employees and, except as 
otherwise provided in the last sentence of subsection (2) 
of section nine, all employees who enter or re-enter the 
service of the city on or after the date the retirement sys- 
tem becomes operative may become members of the retire- 
ment system on their own application, and all such em- 
ployees who shall complete one year of service thereafter 
and disabihty beneficiaries restored to active service to 
whom the provisions of subsection (3) of said section nine 
apply shall become members of the retirement system, and 
after becoming members as above provided shall receive no 
pension or retirement allowance from any other pension or 
retirement system supported wholly or in part by the city, 
nor shall they be required to make contributions to any 
other pension or retirement system of the city, anything 



346 Acts, 1933. — Chap. 223. 

to the contrary in this or any other special or general law 
notwithstanding. 

(&) All persons who are employees on the date when this 
retirement system becomes operative and who are not 
then covered by any other pension or retirement law of the 
commonwealth shall become members as of the first day 
this retirement system becomes operative, unless on or 
before a date not more than sixty days thereafter, to be set 
by the retirement board, any such employee shall file with 
the retirement board on a form prescribed by the board a 
notice of his election not to be covered in the membership 
of the system and a duly executed waiver of all present and 
prospective benefits which would otherwise inure to him 
on account of his participation in the retirement system. 

(c) An employee who is covered by any other pension 
or retirement law of the commonwealth, including a special 
law accepted by, and applicable to employees of, the city 
on the date when this retirement system becomes operative 
shall not be considered to have become a member of this 
retirement system unless said employee shall then or 
thereafter make written application to join this system 
and shall therein waive and renounce all benefits of any 
other pension or retirement system supported wholly by 
the city, but no such employee shall receive credit for 
prior service unless he make such application for member- 
ship within one year from the date this retirement system 
becomes operative. 

(2) An employee whose membership in the retirement 
system is contingent on his own election and who elects 
not to become a member may thereafter apply for and be 
admitted to membership; but no such employee shall 
receive prior service credit unless he becomes a member 
within one year from the date this retirement system be- 
comes operative. 

(3) The retirement board may deny the right to become 
members to any class of officials appointed for fixed terms, 
or to any class of part-time employees, or it may, in its 
discretion, make optional with persons in any such class 
their individual entrance into membership. 

(4) It shall be the duty of the head of each department 
to submit to the retirement board a statement showing the 
name, title, compensation, duties, date of birth and length 
of service of each member of his department, and such 
information regarding other employees therein as the 
retirement board may require. The retirement board shall 
then place each member in one of the following groups: — 

Group 1. — General employees, including clerical, ad- 
ministrative and technical workers, laborers, mechanics 
and all others not otherwise classified; 

Group 2. — Members of the police department and 
the fire department of the city; 

Or in any other group of not less than two hundred and 
fifty persons which may be hereafter recommended by the 



Acts, 1933. — Chap. 223. 347 

actuary on the basis of service and mortality experience, 
and approved by the retirement board to cover all or part 
of any group or groups previously created or any additional 
classes of employees. When the duties of a member so 
require, the retirement board may reclassify him in and 
transfer him to another group. 

(5) Should any member in any period of six consecutive 
years after last becoming a member be absent from service 
more than five years, or should any member withdraw his 
accumulated deductions or become a beneficiary here- 
under or die, he shall thereupon cease to be a member. 

CREDITABLE SERVICE. 

Section 5. (1) Under such rules and regulations as 
the retirement board shall adopt, each person becoming a 
member within one year from the date he first becomes 
eligible to membership who was in service at the time the 
system became operative, or who re-entered the service 
within five years after rendering service prior to the time 
the system became operative shall file a detailed statement 
of all service as an employee rendered by him prior to the 
day on which the system first became operative for which 
he claims credit, and of such facts as the retirement board 
may require for the proper operation of the system. 

(2) The retirement board shall fix and determine by 
appropriate rules and regulations how much service in any 
year is equivalent to a year of service, but in no case shall 
more than one year of service be creditable for all service 
in one calendar year, nor shall the retirement board allow 
credit as service for any period of more than one month's 
duration during which the employee was absent without 
pay. 

(3) Subject to the above restrictions and to such other 
rules and regulations as the retirement board may adopt, 
the retirement board shall verify, as soon as practicable 
after the filing of such statements of service, the service 
therein claimed, and shall certify as creditable all or such 
part of the service claimed as may be allowable. 

In lieu of a determination of the actual compensation 
of the member that was received during such period of 
prior service, the retirement board shall use for the purposes 
of this act the compensation rates which, if they had 
progressed in accordance with the rates of salary increase 
shown in the tables as prescribed in paragraph (10) of 
section fourteen of this act, would have resulted in the same 
average salary of the member for the five years immediately 
preceding the date this system became operative as the 
records show the member actually received. 

(4) U